Providence Village City Zoning Code
§ 17
OTHER USE REGULATIONS.
17.1
Accessory Uses and Structures:
An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use, unless otherwise stated in these regulations. Accessory uses are subject to the same regulations as the principal use. The area of accessory buildings combined with the area of the main building must comply with the area requirements that apply to the main building when added together.
17.2
Special Use Permits:
1.
Purpose.
The Special Use Permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Special use permits are required where site-specific impacts may exist that require additional review to ensure compatibility between uses.
2.
Special Use Permit Required.
The Use Regulations in Appendix 1 Land Use Charts state when a Special Use Permit is required for a use to be permitted in a zoning district. The Special Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each Special Use Permit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate.
3.
Application.
An application for a Special Use Permit shall be submitted to the Town Secretary, or her designee, and shall include the following:
4.
Review by the Planning & Zoning Commission.
The Planning & Zoning Commission shall hold a public hearing and recommend to the Council approval, approval with conditions, or denial of the Special Use Permit based on the review criteria in “6”, below.
5.
Review by the Council.
The Council shall hold a public hearing and approve, approve with conditions, or deny the Special Use Permit based on the review criteria in “6”, below.
6.
Review Criteria.
The Planning & Zoning Commission, in its recommendation, and the Council, in granting a Special Use Permit, shall consider, among other things, whether the proposed use:
(a)
Complements or is compatible with the surrounding uses and community facilities;
(b)
Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties;
(c)
Is not detrimental to the public health, safety, or general welfare;
(d)
Conforms in all other respects to all applicable zoning regulations and standards; and
(e)
Is in conformance with the Comprehensive Plan.
7.
Additional Conditions.
The Council may impose reasonable conditions upon the granting of a Special Use Permit consistent with the Comprehensive Plan, other state development goals and objectives of the Town, and the requirements of other Town regulations. Such conditions may include, but are not limited to the location, arrangement, operation, duration, and type and manner of construction of any use for which a Special Use Permit is requested.
8.
Effect of Special Use Permit
(a)
The granting of a Special Use Permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district.
(b)
A Special Use Permit runs with the land, a new owner is not required to reapply for a Special Use Permit unless a time limit that has been established runs out.
9.
Zoning Map.
When the Council authorizes granting of a Special Use Permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an “S” designation.
17.3
Temporary Uses:
1.
Purpose.
Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Permit from the Town Manager. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare.
2.
Temporary Use Defined.
Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Appendix 1 Land Use Charts. In addition, the following uses and activities shall be considered temporary uses:
(a)
Fundraising Activities by Not-for-Profit Agencies:
Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours.
(b)
Special and Seasonal Sales Events:
Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmers’ markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, artwork or other goods.
(c)
Entertainment or Amusement Events:
Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals.
3.
Application for Temporary Use Permit.
An application for a Temporary Use Permit shall be submitted to the Town Secretary at least 10 working days before the requested start date for a temporary use and shall include the following:
(a)
A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event;
(b)
A written description of how the temporary use complies with the review criteria in 5, below;
(c)
A plan showing the location of proposed structures, including on-site restrooms and trash receptacles, parking areas, activities, signs and attention-attracting devices in relation to existing buildings, parking areas, streets and property lines;
(d)
A letter from the property owner agreeing to the temporary use; and
(e)
Any additional information required by the Town.
4.
Review and Action by the Town Manager.
The Town Manager, or designee, shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Town Manager, or designee, shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Council.
5.
Review Criteria.
Temporary uses shall comply with the following requirements:
(a)
Land Use Compatibility:
The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points.
(b)
Compliance with Other Regulations:
The temporary use shall conform in all respects to all other applicable Town regulations and standards.
(c)
Restoration of Site:
Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention-attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site.
(d)
Hours of Operation and Duration:
The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Town Manager, or his designee, at the time of approval of the temporary use permit.
(e)
Traffic Circulation:
The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls.
(f)
Off-Street Parking:
Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s).
(g)
Public Conveniences and Litter Control:
Adequate on-site restroom facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the Town.
(h)
Appearance and Nuisances:
The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
(i)
Signs:
The Town Manager, or his designee, shall review all signage, although a sign permit is not required. The Town Manager may approve the temporary use of attention-attracting devices.
6.
Additional Conditions.
The Town Manager, or designee, may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use.
7.
Appeals.
A denial of a temporary use permit may be appealed to the Council within 10 days of the Town Manager’s, or designee’s, action. The appeal shall be made in writing to the Town Secretary.
17.4
Classification of New and Unlisted Uses:
1.
Unlisted Uses.
The uses permitted in this ordinance are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this ordinance are prohibited. However, additional new and unlisted uses may be permitted, upon review and recommendation by the Planning & Zoning Commission to the Council, and review and approval by the Council, if the use is similar to other uses listed in the same zoning district. Notice of any such decision by the Council shall be immediately sent to each adjacent property owner.
2.
Conditions.
When considering requests for a new land use, the Planning & Zoning Commission and the Council shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate.
3.
Authorization of New Uses.
If a new use is recommended by the Planning & Zoning Commission, and authorized by the Council, a text amendment to this ordinance shall be considered approved and this ordinance amended accordingly.
17.5
Facade Plan and Design Requirements:
1.
Facade Plan.
A Facade Plan showing exterior elevations and colors for each side of a structure must be submitted and approved by the Town prior to the issuance of a building permit. The Facade Plan must be submitted at least 7 business days prior to the desired date to receive the building permit. Facade Plans may be administratively approved by receiving joint approval of both the Building Inspector and the Town Manager.
A denial of a Facade Plan may be appealed to the Board of Adjustments by the applicant within 10 days of the denial. The appeal shall be made in writing to the Town Secretary. The Town Secretary shall place the appeal on the agenda for the next regularly scheduled Board of Adjustments meeting that allows compliance with the Texas Open Meetings Act.
2.
Design Requirements for Facade Plan Approval.
Minimum masonry requirement. The front facing exterior facades of the main building or structure shall be constructed of 100 percent masonry finishing material that is comprised of brick, stone, cast stone, cementitious board or a combination thereof. The overall minimum masonry content of all facades shall be 85 percent. Other materials of equal or similar characteristics may be allowed at the discretion of the town.
Cementitious fiberboard. Cementitious fiberboard may constitute up to 100 percent of the exterior facades. Cementitious fiberboard may also be used for architectural features, including window box-outs, bay windows, roof dormers, columns, chimneys not part of an exterior wall, or other architectural features approved by the town.
Secondary materials. Secondary materials (maximum 15%) may be metal or other approved material with recommendation by staff and Town Council approval.
Earth-toned colors. At least 80% of brick, stone, cast stone facades shall be neutral, cream, or deep, rich, nonreflective natural or earth-toned colors, and no more than one (1) color may be used for visible roof surfaces.
Glass. Total window area shall not exceed 50% of street-facing facades. Windows shall have a maximum reflectivity of 20%. Pink or gold glass is not permitted.
Doors. Garage doors and front entry doors visible from the right-of-way shall consist of stained cedar, redwood, spruce, fir or other hardwood, or other products, including products that are not wood but have a wood appearance and approved by the Town staff.
Mechanical unit screening. All mechanical equipment shall be screened from public right-of-way view. Screening must match building or fence color and material.
Exposed Conduit. Exposed conduit, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.
Architectural design features. All new residential structures must include at least six (6) of the following design features on the front facade or visible from the front or side street:
(1)
Carriage style garage door(s) with hardware;
(2)
Architectural pillars or posts;
(3)
Bay window(s);
(4)
Brick chimney on exterior wall;
(5)
Cast stone accents;
(6)
Covered front porches (minimum of 100 square feet covered by main roof or an architectural extension);
(7)
Cupulas or turrets;
(8)
Dormers or gables;
(9)
Garage door not facing the street (J-swing garage style);
(10)
Roof accent upgrades (e.g. metal, tile, slate, solar tiles);
(11)
Recessed entries a minimum of three feet deeper than main front facade;
(12)
Minimum 6:12 primary roof pitch, or variable roof pitches, with natural slate roof or asphalt shingles;
(13)
Transom windows;
(14)
Shutters;
(15)
Masonry arches;
(16)
Coach lights at entrances;
(17)
Decorative attic or gable feature, minimum two square feet in size (e.g. vent, window, brick detail);
(18)
Decorative driveway paving (e.g. salt finish, exposed aggregate, or other treatments approved by the town’s building official).
3.
Nonresidential Construction and Architectural Design Standards.
(a)
All structures shall be permanently affixed to a standard foundation in accordance with applicable building codes adopted by the Town.
(b)
In all districts, the use of shakes or shingles of wood as roofing material is specifically prohibited.
(c)
In all nonsingle-family districts, all exterior facades shall be constructed of masonry as their primary construction material. Secondary construction materials may comprise up to 20% (not including the area of doors and windows) of any facade. Secondary construction materials include:
(d)
Windows and glazing shall be limited to a minimum of 30 percent and maximum of 70 percent of each building elevation facing a street, major access lane, or side yard greater than ten feet.
(e)
Public entrance doors may be comprised of materials consistent with windows and window framing. Exterior utility doors and frames shall consist of metal material, painted to match the facade of the structure.
(f)
Refuse facilities will be enclosed and shall resemble the facade of the primary structure, including an opaque, nonsee-through, metal material gate.
(g)
Roofs shall be peaked with either hip, gable or mansard design with a minimum one-to-four (1:4) pitch, or a parapet wall or false mansard design with a minimum one-to-two (1:2) pitch is acceptable only if constructed around the entire perimeter of a building so that no flat roof shall be visible from a public street or along an active storefront.
(h)
Auxiliary design standards. All structures shall be designed to incorporate no less than three of the architectural elements from the list below:
(1)
Canopies, awnings, porticos with colonnade or arcades;
(2)
Raised pilaster cornices (end columns at corner), or quoined corners;
(3)
Vertical elements (tower, cupola, lighthouse, turret, arches, etc.);
(4)
Accented windows and doors framed with smooth cobble, cast stone, limestone or other decorative masonry headers and sills; or dormer windows;
(5)
Outdoor patios and/or courtyards (landscaped and furnished);
(6)
Decorative ornamentation integrated into the building facade, such as corbels, medallions (nonsignage), functioning clocks, niches, wrought iron, balconettes, gargoyles or gryphons, or horizontal and rhythm patterned brickwork.
17.6
Wireless telecommunication facilities.
1.
Purpose and Goals.
(a)
The purpose of this section is to establish guidelines regulating the location of wireless telecommunication facilities, including telecommunication towers and antennas, with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community, while promoting the provision of wireless telecommunications services to the public.
(b)
The goals of these regulations are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Minimize the total number of telecommunication towers throughout the community;
(3)
Encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single-use towers;
(4)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal:
(5)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques;
(6)
Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively, and efficiently; and
(7)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
2.
Compliance with Telecommunications Act.
(a)
The regulations contained in this section have been developed under the following general guidelines as provided in the Federal Telecommunications Act of 1996:
(1)
Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities;
(2)
Regulations "shall not unreasonably discriminate among providers of functionally equivalent services";
(3)
Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services";
(4)
"Denial shall be in writing and supported by substantial evidence"; and
(5)
Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions."
3.
Applicability.
Telecommunication towers and antennas, when permitted by federal law and the laws of the state of Texas, shall be regulated and governed by the regulations in this section.
4.
Building permit.
It shall be unlawful for any person, firm, or corporation to erect, construct, replace, or repair any telecommunication tower or antenna without first making application for and securing a building permit as provided in this section. The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will be in compliance with applicable building code requirements.
5.
Special use permit or zoning change.
All applications for a special use permit or zoning change application for a telecommunications tower shall include a completed supplemental information form provided by the town regarding said facilities. In addition to any information required for applications for a special use permit or zone change, applicants shall submit the following information:
(a)
A detailed master antenna plan, clearly indicating the location of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Town Manager or his designee.
(b)
A legal description of the property and leased land, if applicable.
(c)
The setback distance between the proposed telecommunication tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(d)
The separation distance from other towers shown on an updated site plan or map.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(g)
Existing condition coverage maps of the vicinity shall be submitted showing current coverage and coverage after construction.
6.
Regulations for telecommunication towers.
(a)
Height.
The maximum height of any telecommunication tower shall be 180 feet. The height shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas and other attachments.
(b)
Setbacks.
Telecommunication towers shall be set back a minimum of 50 feet from all property lines. For sites that are adjacent to parcels or lots are zoned residential, the minimum setback from the residential property line shall be 1.5 times the height of the tower.
(c)
Platted lot.
Unless an exception is granted by the town council, telecommunication towers shall be located on a platted lot.
(d)
Design.
Towers shall be of a stealth, monopole design with no visible antennas, wires, racks or transmitters.
(e)
Screening.
Telecommunication towers and equipment shall be screened from the public right-of-way and residential areas with a minimum eight-foot-high solid masonry wall with a solid metal gate. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way shall be the same color as adjoining structures or blend with adjacent landscaping and other surroundings.
(f)
Collocation.
Telecommunication towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least three additional users if the tower is 100 feet or greater in height, or for at least two additional users if the tower is over 50 feet, but less than 100 feet in height.
(g)
Color.
Telecommunication towers shall be a muted and dull shade of grey or blue to match the sky, or if applicable, shall match the background color of the landscape and terrain.
(h)
Fire lane.
Telecommunication towers shall be accessible by a 24-foot-wide concrete fire lane.
(i)
Parking space.
There shall be a minimum of one concrete parking space that is not located in a fire lane on a site with a telecommunication tower.
(j)
Signs and lights.
All commercial signs, flags, lights and attachments shall be prohibited on any antenna or telecommunication tower, unless required for communications operations, structural stability, or as required for flight visibility by the FCC and the Federal Aviation Administration (FAA).
(k)
Location.
No telecommunication tower, antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.
(l)
Coverage maps.
At time of application, existing condition coverage maps of the vicinity shall be submitted showing current coverage and coverage after construction.
(m)
Site plan.
Telecommunication towers require site plan approval, prior to making application for a building permit.
(n)
Collocation required.
No new telecommunication towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town that no existing tower can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements;
(2)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements;
(3)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment; or
(4)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(o)
Tower spacing.
A lot containing a telecommunication tower shall be located at least 2,000 feet away from any lot containing another telecommunication tower greater than 50 feet in height, as measured in a straight line between the nearest points of one lot to the other lot.
(p)
Conditions.
The Town Council may approve the special use permit with conditions to mitigate adverse impacts.
(q)
Abandonment.
In the event the use of any wireless telecommunication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 180 consecutive days, the wireless telecommunication facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Town Manager or designee, who shall have the right to request documentation from the owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove the same within 90 days of receipt of notice from the Town Manager or designee notifying the owner/operator of such abandonment. If wireless telecommunication facility is not removed within 90 days, the Town Manager or designee may cause it to be removed at the owner's sole expense.
7.
Regulations for antennas.
(a)
A commercial antenna may be attached to a utility structure (elevated water tank, electric transmission pole, etc.) regardless of the height of said structure, provided that the antenna does not extend more than ten feet above the height of said structure.
(b)
An application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:
(1)
A site plan showing the location of the proposed antennas on the structure and any equipment buildings or cabinets and documenting that the request meets the requirements of the Code of Ordinances.
(2)
A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, documenting that the request meets the requirements of this Code of Ordinances.
(3)
A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas.
(Ordinance 2014-060-01, sec. 17, adopted 4/14/14; Ordinance 2014-060-01, sec. 17, adopted 3/9/15; Ordinance 2014-060-02, sec. 17, adopted 12/15/15; Ordinance 2014-060-03, sec. 17, adopted 5/17/16; Ordinance 2014-060-07 adopted 10/16/18; Ordinance 2014-060-08 adopted 2/19/19; Ordinance 2023-270 adopted 6/20/2023)