(a)

Nature of Special Use. A special use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This Section sets forth the standards used to evaluate proposed special uses and the procedures for approving Specific Use Permit applications.

(b)

Permit Required. No special use shall be established and no building permit shall be issued for any use designated as a special use within any zoning district until a Specific Use Permit (SUP) is issued in accordance with the provisions of this article. An application for an SUP shall be accompanied by a concept plan or a detailed site plan prepared in the manner described in article II, division 7 of this chapter. The concept plan or site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Section 12.644.

The following general rules apply to all special uses:

(a)

The designation of a use in a zoning district as may be permitted by SUP in article VI of this chapter does not constitute an authorization or assurance that such use will be approved.

(b)

Approval of an SUP shall authorize only the particular use for which the SUP is issued.

(c)

No use authorized by an SUP shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Specific Use Permit in accordance with the procedures set forth in this Section and article II, division 5 of this chapter.

(d)

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

(a)

Application Requirements. An application for a Specific Use Permit may be submitted by the property owner or by the property owner's designated representative to the City. The application shall be accompanied by a concept plan or site plan prepared in accordance with the requirements of article II, division 7 of this chapter. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a Specific Use Permit.

(b)

Subdivision Approval. If the proposed use requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a Specific Use Permit (see Subdivision Ordinance). Approval of the Specific Use Permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the Specific Use Permit shall take effect upon construction plat approval of the phase of the subdivision containing the property on which the special use is to be located.

(a)

Planning and Zoning Commission Recommendation. Upon receipt of the recommendation from the City Manager or his/her designee the Planning and Zoning Commission shall conduct a public hearing (in accordance with article II, division 5 of this chapter) in order to formulate its recommendations to the City Council on the Specific Use Permit application. Following the public hearing, the Planning and Zoning Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council in accordance with article II, division 5 of this chapter. If the appropriateness of the use cannot be assured at the location, the Planning and Zoning Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

(b)

City Council Action. The City Council shall be the final decision-maker on applications for Specific Use Permits. Following a public hearing and in consideration of the Planning and Zoning Commission's recommendations, the City Council shall approve, modify or deny the proposal for a Specific Use Permit in accordance with article II, division 5 of this chapter. If the appropriateness of the use cannot be assured at the location, the application for Specific Use Permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

(a)

Factors for Consideration. When considering applications for a Specific Use Permit, the Planning and Zoning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the concept plan/site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Planning and Zoning Commission and the City Council shall specifically consider the extent to which:

(1)

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Plan;

(2)

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

(3)

The proposed use meets all supplemental standards specifically applicable to the use as set forth in Article VII of this chapter;

(4)

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

(A)

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

(B)

Off-street parking and loading areas;

(C)

Refuse and service areas;

(D)

Utilities with reference to location, availability, and compatibility;

(E)

Screening and buffering features to minimize visual impacts, and/or set-backs from adjacent uses;

(F)

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(G)

Required yards and open space;

(H)

Height and bulk of structures;

(I)

Hours of operation;

(J)

Exterior construction material and building design; and

(K)

Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

(5)

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.

(b)

Conditions. In approving the application, the Planning and Zoning Commission may recommend, and the City Council may impose, such additional conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section, in accordance with the procedures in article II, division 5 of this chapter. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable City Code or Ordinance, and they cannot relax or grant relief from any of the City's minimum standards (see Subsection (c) below). Any conditions imposed shall be set forth in the ordinance approving the special use, and shall be incorporated into or noted on the concept plan or site plan for final approval. The City Manager or his/her designee shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The City shall maintain a record of such approved special uses and the site plans and conditions attached thereto.

(c)

Prohibition on Waivers and Variances. The foregoing additional conditions shall not be subject to variances that otherwise could be granted by the Board of Adjustment nor may conditions imposed by the City Council subsequently be waived or varied by the BOA. In conformity with the authority of the City Council to authorize special uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this chapter, to secure the general objectives of this section; provided, however, that the City Council shall not waive or modify any approval factor set forth in Subsection (a) of this Section.

Specific Use Permit may be rescinded by the City Council, on its own motion and at its discretion, for failure to commence development or for failure to extend the time for performance for the concept plan or site plan approved along with the SUP ordinance (see article II, divisions 5 and 7 of this chapter).

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

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

Uses allowed by SUP are specified in article VI of this chapter (Use Charts).

(a)

An SUP is required for the use of a bar or liquor store, subject to review and approval of City Council.

(b)

A lot containing a bar or liquor store should be located at least one thousand (1,000) feet from any lot containing another like use, as measured in a straight line between the nearest points of one (1) lot to the other lot.

(c)

Prior to the issuance of a certificate of occupancy, the business shall provide the City with a copy of its state permit to operate as a bar or liquor store.

(d)

All alcohol related activities must meet all standards found in Chapter 4, Article 4.400 of the Code of Ordinances of the City of Roanoke, Texas.

(Ord. No. 2010-108, § 2, adopted 7/27/2010)

(a)

General Purpose and Description. The purpose of these regulations is to accommodate small wind energy systems in appropriate locations while protecting the public's health, safety and welfare, and to provide a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

(b)

Definitions. For the purpose of this section, the following words and phrases shall have the meanings ascribed to them:

(1)

Modification. Any change to a small wind energy system that materially alters the size, type or location of the system. Like-kind replacements shall not be construed to be a modification.

(2)

Net Metering. The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.

(3)

Occupied Building. Any residence, school, hospital, church, public library or other building that is occupied or in use when the permit application is submitted.

(4)

Owner. The person, entity or entities having an equity interest in the small wind energy system, including their successors or assigns, that intend to own and operate the system in accordance with this section.

(5)

Power Grid. The transmission system created to balance the supply and demand of electricity for consumers.

(6)

Rotor. The blades and the hub together constitute the rotor.

(7)

Shadow Flicker. The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

(8)

Small Wind Energy System or system. A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity of one hundred (100) kilowatts (kW) or less and will be used primarily to convert wind energy into electricity for on-site consumption.

(9)

System Height. The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

(10)

Tower. The monopole structure that supports a wind generator.

(11)

Tower Height. The height above grade of the fixed portion of the tower, excluding the wind generator.

(12)

Wind Generator. The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

(c)

General Regulations. The following general regulations shall apply to all small wind energy systems located within an Agricultural (AG) or Single-Family Residential 7 (SF-7) Districts.

(1)

Minimum Lot Size. Small wind energy systems shall not be sited on any property less than two (2) acres in size. Small wind energy systems are allowed solely on land zoned as Agricultural (AG) or Single-Family Residential 7 (SF-7).

(A)

A small wind energy system on lot sizes of less than five (5) acres shall be permitted only upon approval of a specific use permit by the City Council in accordance with the procedures and standards of this article.

(2)

Maximum Tower Height. The tower height of a small wind energy system shall not exceed sixty-five (65) feet to the center of the shaft. Additionally, no tower shall exceed the height recommended by the manufacturer or the distributor of the small wind energy system.

(A)

Additional Tower Height. Additional height of a tower may be permitted only upon approval of a specific use permit by the City Council in accordance with the procedures and standards of this article. In no instance shall the tower height exceed eighty-five (85) feet in height.

(3)

Location and Minimum Setback Requirements.

(A)

The tower structure of a small wind energy system shall be located behind the main structure of the lot on which the system is located.

(B)

The tower for a small wind energy system shall setback a distance equal to one and one-half (1.5) times the tower height from all property lines, public rights-of-way, occupied buildings, and overhead utility lines.

(i)

Setback Reduction. A reduction of the setback requirements may be permitted only upon approval of a specific use permit by the City Council in accordance with the procedures and standards of Article V of Chapter 12 of the Code of Ordinances, specific use permits.

(ii)

Setback Allowance. A reduction of the setback requirements to twenty (20) feet is permitted when the subject property is adjacent to property owned by the U.S. Army Corps of Engineers or non-residential zoning.

(C)

Only one (1) tower shall be erected on a lot.

(D)

Only one (1) wind generator shall be placed on a tower.

(4)

Building Permit. No small wind energy system shall be erected, constructed or installed without first receiving an approved building permit from the Building Official. A building permit also shall be required for any physical modification to an existing small wind energy system.

(5)

Installation. A small wind energy system shall be installed according to the manufacturer's recommendations and under the seal of a professional engineer registered by the State of Texas.

(d)

Additional Standards.

(1)

Tower Design. Only monopole towers can be used to support a small wind energy system. All wiring shall be internal to the tower structure. Wind generators shall not be attached to a roof or any other building structure or part thereof.

(2)

Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations and ordinances.

(3)

Prohibited in Easements. No portion of a small wind energy system shall be located in, on or across a public easement unless authorized in writing by the easement holder.

(4)

Shadow Flicker/Blade Glint. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impact or blade glint upon any inhabited structures (except for the owner's) or City roadways. "Significant shadow flicker" is defined as more than thirty (30) hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures, and systems found to be in violation of this condition shall be shut down until the flicker or glint problem is remedied.

(5)

Braking Systems. All small wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.

(6)

Utility Connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to applicable local, state and federal law.

(7)

Battery Storage. No battery storage of generated energy shall be allowed with a proposed small wind energy system.

(8)

Tower Access. The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(9)

State or Federal Requirements. A small wind energy system shall 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 small wind energy systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owner of the system shall bring such system into compliance with those 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.

(10)

Lighting. A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration ("FAA"); however, this prohibition does not include operational lighting installed by the manufacturer of the system as original equipment. When lighting is required by FAA regulations, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the system, such lighting not to exceed the minimum requirements of those regulations.

If so required, a small wind energy system tower structure may be artificially lighted ONLY with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L0864), flashing no faster than twenty (20) flashes per minute. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited.

(e)

Maintenance and Abandonment.

(1)

A small wind energy system shall be maintained at all times according to and consistent with the manufacturer's specifications.

(2)

A small wind energy system that has become unstable, leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within sixty (60) days following notice by the Building Official to the owner of the lot upon which the system is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense under this section.

(3)

At such time that a small wind energy system is scheduled or required to be abandoned or discontinued, the owner of the system shall notify the Building Official by certified U.S. mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations.

(4)

Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within ninety (90) days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Building Official. For purposes of this section, "physically remove" shall include but not be limited to:

(A)

Complete removal of the wind generator and tower and related above-grade structures from the site of installation.

(B)

Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.

(5)

In the event that the owner fails to give such notice of abandonment or discontinuation, the small wind energy system shall be considered abandoned or discontinued if the system is not operated or is out-of-service for a continuous twelve-month period. After the twelve (12) months of inoperability, the Building Official is authorized to issue a Notice of Abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from the Notice receipt date. After review of the information provided by the owner, the Building Official shall determine if the system has been abandoned. If it is determined that the system has not been abandoned, the Building Official shall withdraw the Notice of Abandonment and notify the owner of the withdrawal.

(6)

If the owner fails to respond to the Notice of Abandonment or if, after review by the Building Official, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the system shall remove the wind generator and tower at the owner's sole expense within three (3) months of receipt of the Notice of Abandonment. If the owner fails to physically remove the system after the Notice of Abandonment procedure, the Building Official may pursue legal action to have the system removed at the owner's expense.

(f)

Violation. It shall be unlawful for any person or entity to construct, install, modify, or operate a small wind energy system that is not in compliance with this section. Small wind energy systems installed prior to the adoption of this section are exempt from this section except when modifications are proposed to the system.

(g)

Penalties. Any person, firm, or corporation who fails to comply with any provision of this section or a building permit issued pursuant to this section shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed two thousand dollars ($2,000.00) for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense. The penal provisions imposed under this section shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law.

(Ord. No. 2011-109, § 4, adopted 8/9/2011)

Editor's note— Ord. No. 2011-109, § 4, adopted Aug. 9, 2011, set out provisions adding § 12.649. To avoid section duplication, inclusion herein as § 12.650 was at the discretion of the editor.