Land and buildings in each of the zoning districts may be used for any of the specified uses in table 3-1.

Table 3-1. Legend for Interpreting Land Use Table

Any applicant seeking to locate a new or unlisted use in the city may pursue a zoning amendment as provided in section 6.03, zoning text and map amendments.

Land and buildings following listed uses in table 3-2. The uses must be located in the specified districts shown on the table. After the effective date of adoption of this ordinance, no building or structure shall be erected, altered or converted for other than specified uses in the specified districts.

Table 3-2. Land Use Table Districts

A.

The following section describes additional standards for certain permitted uses in a zoning district as shown in the additional development standards column in table 3-2. A building permit or certificate of occupancy shall not be issued for any permitted use with additional development standards until all of the required criteria have been met.

1.

Accessory dwelling unit.

a.

Accessory dwelling unit shall meet the requirements in section 4.06, accessory buildings.

b.

Where a new accessory dwelling unit is permitted, it is subject to the following standards:

i.

No more than one accessory dwelling unit shall be located on a lot or parcel.

ii.

A lot or parcel of land containing an accessory dwelling unit shall be occupied by the owner of the premises, and the owner may live in either the accessory dwelling unit or the primary dwelling unit.

iii.

An accessory dwelling unit may be developed in either an existing or a new dwelling unit.

iv.

A manufactured dwelling unit may be used as an accessory dwelling unit in any zone where that type of structure is permitted if the proposed accessory dwelling unit is consistent with the building type of the primary dwelling unit and the appearance of the accessory dwelling unit remains that of a site-built, single family dwelling unit.

v.

The owner shall file written statement annually confirming that the accessory dwelling unit complies with the Zoning Ordinance.

vi.

Density (dwellings per acre) is waived for a compliant accessory dwelling unit.

vii.

Minimum open space must be maintained per the zoning district.

viii.

The accessory dwelling unit shall limit occupancy to a maximum number of persons and/or to a single family (or single housekeeping unit) as defined in this zoning ordinance.

ix.

The accessory dwelling unit shall serve as an accessory unit to the primary dwelling unit and meet all regulations for accessory structures.

x.

The accessory dwelling unit must be a minimum of 300 square feet and a maximum of 1,000 square feet with no larger than one-half of the living space of the living area of the primary dwelling unit.

xi.

The front door of the accessory dwelling unit shall not face the primary street frontage unless located behind the rear façade of the primary dwelling unit.

xii.

The accessory dwelling unit and the primary dwelling unit shall be under the same ownership.

2.

Bed and breakfast (≥ 6 rooms). Bed and breakfast (≥ 6 rooms) shall meet all requirements of chapter 22, article II, bed and breakfast facilities, of this Code.

3.

Garage apartment. A garage apartment shall:

a.

Be under the same ownership as the primary dwelling unit.

b.

Share the same address.

c.

Not appear to be a separate residential unit, although it may be detached from the primary structure.

d.

Contain no more than one bedroom or sleeping area.

4.

Manufactured home park. A manufactured home park must be in compliance with chapter 58, manufactured homes, mobile homes, recreational vehicles and parks, of this Code.

5.

Short-term rentals. Short-term rentals shall be permitted subject to the following requirements:

a.

No more than two adult guests per bedroom and no more than ten people total are permitted on site.

b.

Bedrooms must have two means of escape, such as a door and window.

c.

Working smoke detectors and working carbon monoxide detectors must be provided.

d.

No portion of the property or building may be use for a party or entertainment event.

e.

Additional inspections of short-term rentals may be performed by the city to determine compliance.

6.

Tiny house. The following conditions are required for permanent occupancy (i.e. more than 30 days within a 60-day period) of a tiny house on wheels:

a.

Continuous on-site connections to electric, water, and sewer;

b.

An address and driveway; and

c.

Street, removal of wheels and axles, and tie-downs to a permanent foundation.

d.

Compliance with Appendix Q of the International Building Code.

7.

Workforce housing. Workforce housing shall meet all requirements of chapter 22, article XII, workforce housing of this Code.

8.

Building material yard and construction office. A building material yard or construction office (temporary) may be used for a short period (not to exceed two years from the issuance of a building permit for the primary building) for the purpose of housing the owner or employees, or for the storage of building materials and equipment for that project.

9.

Garage/rummage/yard sale. Occasional sales are permitted subject to the following conditions:

a.

Open no more than three days in any one month;

b.

Open only during daylight hours; and

c.

Offer for sale no new, commercially manufactured items.

10.

Home occupation standards.

a.

Home occupations shall be allowed subject to the occupation meeting the following operational standards.

i.

The occupation shall be conducted entirely within a dwelling unit and have no outside storage of any kind related to the home occupation;

ii.

The occupation shall be incidental and secondary to the residential use of the dwelling unit;

iii.

The dwelling unit shall not be altered to attract business, nor shall other improvements that are intended to attract business be made to the residential property;

iv.

Business shall be conducted only by persons residing on the premises; a home occupation shall not include the employment of any person who do not reside on the property;

v.

The occupation shall not affect the residential character of the dwelling nor cause the dwelling to be extended;

vi.

Signs advertising the home occupation are prohibited;

vii.

No deliveries by commercial vehicles shall occur between the hours of 9:00 p.m. and 7:00 a.m.;

viii.

The occupation shall create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problem or other nuisance; and

ix.

The occupation shall not result in the off-street or on-street parking of more than two non-resident vehicles at any one time.

b.

No home occupation with the following characteristics shall be permitted:

i.

Internal or external alterations inconsistent with the residential use of the building;

ii.

Evidence of the occupation is visible from the public right-of-way or adjacent properties;

iii.

Any occupation that generates traffic, parking, sewerage, or water use in excess of what is normal in the residential neighborhood;

iv.

Any occupation that creates a hazard to persons or property;

v.

Any occupation that results in electrical interference;

vi.

Any occupation that is a nuisance; or

vii.

Any occupation that results in visible outdoor storage or display.

c.

Salon, barbershop, or spa restrictions. A salon, barbershop, or spa with more than one chair shall not be permitted as a home occupation.

11.

Outdoor storage and display. Outdoor storage and outdoor display shall:

a.

Only be permitted as an accessory to a primary use.

b.

Meet the screening requirements per section 4.03, fences, walls, and screening.

c.

Meet the screening requirements per section 4.08, outdoor storage and display.

12.

Satellite dish. The location of a satellite dish shall be prohibited in any front yard.

13.

Stable (private). Private stables (accessory uses), permitted by specific use permits, shall be set back 50 feet from all property lines and be operated and maintained in compliance with chapter 10, animals, of this Code.

14.

Wireless communication system.

a.

Purpose.

i.

The regulation of wireless communication systems is intended to provide for the appropriate location and development of wireless communication towers and antennas to serve the residents and businesses, minimize the visual impacts of towers through careful design, siting and screening, prevent potential damage to adjacent properties through engineering and careful siting of structures, and maximize use of any new or existing towers to reduce the number of towers needed. The intent of these standards is to:

a)

Discourage the location of towers in residential areas and minimize the total number of towers throughout the city.

b)

Encourage the shared use of new and existing towers, and the use of existing alternate structures.

c)

Require users to locate and engineer towers and design sites in ways that minimize the adverse visual impact and ensure the public safety.

b.

Design standards.

i.

Prior to filing a request for a building permit and/or a specific use permit, whichever is applicable, the following requirements must be met:

a)

The setback of an antenna support structure from a residential zoning district, except by a specific use permit, measured from the base of the antenna support structure to the nearest residential zoning district boundary shall be equal to the height of the antenna support structure plus the setback of the zoning in which it is located.

b)

The unmanned equipment buildings shall not exceed 750 square feet of gross floor area per building and shall not exceed 12 feet in overall height.

c)

The overall height of antenna support structure including the antenna shall not exceed 150 feet. Buildings or other independent support structures as defined in this subsection shall be exempt from the maximum height requirement; however, they shall comply with all other requirements as set forth.

d)

The fall radius of the antenna support structure must be from finished grade to the height of the antenna plus an additional ten feet.

e)

A building permit from the building official shall be required for the installation of any antenna support structures, antennas attached to buildings or other independent support structures and unmanned equipment buildings developed for a wireless communication system. An application for a building permit shall be accompanied by the following:

i)

A complete set of construction documents showing the proposed method of installation.

ii)

A copy of the manufacture's recommended installation instructions, if any.

iii)

A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts.

iv)

Certification by a structural or civil engineer registered with the state that the proposed installation complies with the requirements of the city building code.

v)

Certification stating that all antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration), its successor, or other applicable federal or state agencies.

f)

The shared use of existing antenna support structures and approved antenna support structure sites shall be preferred to the construction of new facilities. The antenna support structures must be constructed to support a minimum of two antenna arrays from two separate wireless communication system providers or users.

g)

Stealth design.

i)

Stealth means any telecommunications tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screening the same color scheme, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.

ii)

The installation of a wireless communication system utilizing a stealth tower to camouflage an antenna support structure, such as a clock tower, flagpole or tree is recommended in all zone districts, and is required in residential zones. In addition, stealth design may include utilizing church steeples, bell towers, and other internal structures.

iii)

Concealed wireless communication facilities (WCF) are permitted in all zoning districts and are not regulated by these provisions of the zoning ordinance. Other concealed WCF are permitted in all zoning districts, subject to the following standards:

(a)

Public/quasi-public spaces. Concealed WCF are permitted on residentially zoned property that are designated or used for public or quasi-public spaces such as, but not limited to, schools, churches, or golf courses, subject to obtaining a proper permit(s) pursuant to the provisions contained in the zoning ordinance.

h)

Additional design standard requirements.

i)

Tower illumination. Towers shall not be illuminated except as required by the Federal Aviation Administration (FAA) or other applicable federal or state agencies.

ii)

Radiation standards. A wireless communication system shall comply with current Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.

iii)

Fencing for wireless communication system. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on a building or other independent support structure. The fence shall not be less than eight feet in height measured from finished grade. Access to the antenna support structure shall be through a locked gate.

iv)

Landscaping for a wireless communication system requiring a specific use permit. Landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the antenna support structure, and any other ground level features, such as a building). A combination of existing/native vegetation, natural topography, manmade features such as berms, walls, decorative fences and any other features can be used instead of landscaping if those features achieve the same degree of screening as the required landscaping. Landscaping shall be exempt for a wireless communication system in permitted zoning districts.

v)

Setbacks for wireless communication systems. Antenna support structures and unmanned equipment buildings shall meet the minimum building setback requirements per subsection 3.04.A.14.b.i.a.

vi)

Abandonment. In the event the use of any wireless communication system, which would include the antenna support structure, has been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed abandoned. Determination of the date of abandonment shall be made by the building official, who shall have the right to request documentation and/or affidavits from the antenna support structure owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove the antenna support structure within 90 days of receipt of notice from the building official notifying the owner/operator of such abandonment. If such antenna support structure is not removed within said 90 days, the building official may cause such antenna support structure to be removed at the owner's expense. If there are two or more users of an antenna support structure, then this provision shall not become effective until all users cease using the antenna support structure.

c.

City-owned facilities.

i.

A wireless communication system shall be a use permitted by right in all zoning districts if the land or structure is owned by the city.

ii.

All antenna support structures or buildings or other independent support structures where antennas are proposed to be attached shall require a building permit. Antenna support structures located in residential zoning districts shall be monopole design. The height of a monopole antenna support structure, including the antenna, shall not exceed 150 feet. Wireless communication systems shall not be allowed in city parks which contain five acres or less.

iii.

Antenna support structures shall be spaced from all residential zoning districts a minimum of 200 feet, measured from the base of the antenna support structure to the nearest residential zoning districts, except for antenna support structures located on land owned by the city within residential zoning districts. This spacing requirement does not apply to antennas attached to the buildings or independent support structures.

iv.

The antenna array may be attached to buildings or independent support structures if:

a)

The pole replaced or modified is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole, or antenna support structure;

b)

The replaced or modified antenna support structure, including antenna array, does not exceed the height of the original utility, light standard, or recreation facility pole by more than 12 feet, or the height of the original telecommunication tower and antenna array;

c)

The pole replaced with an antenna support structure does not obstruct a public sidewalk, public alley, or other right-of-way, and pole appearance and function, except for the antenna, are not significantly altered; and

d)

The existing support structure is engineered to support the proposed antenna.

d.

Radio and television antennas.

i.

Radio and television antennas, limited to those used by the federal licensed amateur radio operators, unlicensed citizens band radio operators, and private citizens receiving television signals, including satellite dish antennas, shall be considered as permitted accessory uses in all zoning districts and shall be permitted in accordance with the regulations for detached accessory structures.

ii.

Antenna support structures within nonresidential districts shall comply with the height and setback requirements for the particular district.

iii.

The height of an antenna support structure shall be the total maximum to which it is capable of being raised and shall be measured from the finished grade adjacent to the antenna or antenna support structure if ground mounted or from the peak of the roof if roof mounted.

iv.

A building permit from the building official shall be required for the installation of any roof-mounted antenna or antenna support structure over 12 feet above the peak of the roof and any ground-mounted antenna or antenna support structure over 25 feet in height. A building permit shall be issued only when there is full compliance with this subsection and the applicable provisions of the building code. Applications for a building permit shall be accompanied by the following in duplicate:

a)

A complete set of construction documents showing the proposed method of installation.

b)

A copy of the manufacturer's recommended installation instructions, if any.

c)

A diagram to scale showing the locations of the antenna property and setback lines, easements, power lines and all structures.

d)

Certification by a structural or civil engineer registered by the state that the proposed installation complies with the structural requirements of the building code, as may be amended.

v.

All antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration), its successor or any other federal or state agencies.

15.

Petroleum or petroleum products pipeline. An underground transmission pipeline for transporting petroleum products which lines are located in accordance with the provisions of chapter 66, oil and gas, of this Code.

16.

Off-street stacking requirements. The use shall also meet stacking requirements in subsection 4.04.E, stacking requirements.

17.

Civic club or lodge (nonfraternal). The following conditions shall be observed for the operation of a civic club or lodge:

a.

The owner may hold events to serve guests by invitation or reservation only. All relevant impact of the proposed use has been considered to include luncheons, dinners, special events, meetings, parties and receptions.

b.

All city codes and ordinances in accordance with state department of health standards, International Fire Code and the International Building Codes shall be met prior to the certificate of occupancy being issued.

c.

The hours of operation shall be between: Saturday to Sunday with luncheons 11:00 a.m. to 2:00 p.m. and dinners 6:00 p.m. to 10:00 p.m., due to surrounding setting (with the exception of services on Mondays).

d.

The screening (seven-foot wooden fence with neighboring trees and bamboo plantings) shall stay intact as a noise and light reduction mechanism. In addition to compliance with the noise ordinance, the facility shall use the first floor of the residence for office space, additional restrooms and create a commercial kitchen operation.

e.

Off-street parking shall be provided and the properties appearance shall not be in conflict with the existing residences or surrounding neighborhood (landscape shall be upkept; sign shall be distinctive although in an inconspicuous position, on outside wall.

f.

The property and shall not generate excessive traffic considering the limitations of occupants and parking spaces available.

18.

Amusement, commercial (outdoor).

a.

Autocross. All vehicles shall have mufflers meeting state standards.

b.

Shooting range.

i.

A shooting range shall not be located on a lot adjacent to a residential district.

ii.

The design of all shotgun trap and skeet shooting ranges shall conform, as reasonably possible, to National Rifle Association (NRA), Amateur Trapshooting Association (ATA), or National Skeet Shooting Association (NSSA) standards.

iii.

The range and downrange safety area design specifications shall be in accordance with the 2012 U.S. Department of Energy—Range Design Criteria or as amended and updated by the U.S. Department of Energy.

iv.

The range and uninhabited downrange safety area shall be under same ownership and control so as to maintain its permanency.

v.

The range shall be in compliance with all local noise ordinances.

vi.

The range shall meet all other applicable state and federal regulations.

19.

Amusement, game room. Amusement, game room shall be operated and maintained in compliance with chapter 22, article XI, game rooms and gaming machines, of this Code.

20.

Bar/tavern. No establishment that derives 75 percent or more of its revenue from the sale of alcohol for on-premises consumption shall be located is within 300 feet of a place of worship, school, or hospital except as provided by the Texas Alcoholic Beverage Code.

21.

Carnival or circus (temporary). A carnival or circus shall comply with all requirements as outlined in chapter 22, article III, circuses and similar shows, of this Code.

22.

Country club (private).

a.

A private country club shall:

i.

Consist of 20 acres or more;

ii.

Contain a golf course and a clubhouse; and

iii.

Be available only to private specific membership.

b.

Such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

23.

Wrecking storage or salvage yard, automobile repair, and vehicle storage.

a.

Storage areas shall be screened as described in section 4.03, fences, walls, and screening, except as provided below.

b.

A screening fence for wrecking storage or salvage yard, automobile repair, and vehicle storage shall be a maximum of 12 feet in height.

c.

All materials being stored, including vehicles and crushed vehicles, must be screened from the public rights-of-way.

d.

Vehicles shall not be stacked higher than 12 feet or two vehicles, whichever is less.

e.

Crushed vehicles shall not be stacked higher than the screening fence.

f.

Unlicensed or inoperable vehicles shall not be parked in front of the building.

24.

Package store. A package store approved by specific use permit shall not be located on a lot or tract of land adjacent to or across the street from a LDR low density residential district or MDR medium density residential district unless located in a shopping center of which it comprises not more than 25 percent of the floor area.

25.

Payday loans, check cashing, and bail bonds.

a.

These uses shall not be located within one-half mile of another existing payday loans, check cashing, and bail bonds measured from property line to property line.

b.

Any payday loans, check cashing, and bail bonds shall be considered a primary use and may not be considered as an accessory use.

26.

Professional office, local. Within the NS neighborhood services district, such use shall:

a.

Be located in a structure that is residential in character; and

b.

Provide off-street parking in a location other than the required front yard.

27.

Recreational vehicle (RV) park. A parcel of land under single ownership upon which two or more recreational vehicle sites are located for occupancy by recreational vehicles of the general public for recreational or vacation purposes must be in compliance with chapter 58, manufactured homes, mobile homes, recreational vehicles and parks, of this Code.

28.

Sexually oriented business. The following special conditions and regulations shall apply to a sexually oriented business use. The provisions of V.T.C.A., Local Government Code ch. 243, as amended, shall prevail to the extent, if any, that they conflict with the provisions of this zoning ordinance.

a.

A sexually oriented business use shall not be established or expanded within 2,000 feet of a district boundary line of any residential zoning district.

b.

A sexually oriented business use shall not be established or expanded within 2,000 feet of any other sexually oriented business use.

c.

A sexually oriented business use shall not be established or expanded within 2,000 feet of the property line of a church, school or public park.

d.

The following are exempt from these regulations:

i.

A bookstore, movie theater or video store, unless that business is an adult bookstore, adult movie theater or adult video store.

ii.

A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed athletic trainer, licensed cosmetologist or licensed barber engaged in performing functions authorized under the license held; or

iii.

A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.

29.

Agricultural use. Such use shall be conducted on an area of not less than two acres.

30.

Petroleum or gas well. A petroleum or gas well shall comply with all requirements of the applicable article of chapter 66, oil and gas, of this Code.

31.

Earth, clay or top soil extraction, borrow or storage. Such use shall comply with all requirements of chapter 94, article VII, excavations, of this Code.

32.

PD planned development district standards. See section 6.06, planned developments.