Table 3.1-1 below lists the uses allowed within all base zoning districts. Each of the listed uses is defined in Chapter 77-1100, Definitions.

A.

Explanation of table abbreviations.

1.

Allowed by-right uses. "A" in a cell indicates that the use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards set forth in this chapter and the requirements of Chapter 77-500, Development and design standards.

2.

Special Uses. "S" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special use permit in accordance with subchapter 77-206(A).

3.

Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.

4.

Use-specific standards. Regardless of whether a use is allowed by right or permitted as a special use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to subchapter 77-302, Use-specific standards. These standards apply in all districts unless otherwise specified.

B.

Table organization. In Table 3.1-1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

C.

Use for other purposes prohibited. Approval of a use listed in Table 3.1-1, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 3.1-1 and approved under the appropriate process is prohibited.

D.

Classification of new and unlisted uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such situations, a determination as to the appropriate classification of any new or unlisted form of land use shall be made. When application is made for a use category or use type that is not specifically listed in Table 3.1-1, the procedure set forth below shall be followed.

1.

The director of planning shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the director shall consider the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.

2.

Standards for new and unlisted uses may be interpreted as those of a similar use.

3.

Appeal of the director's decision shall be made to the board of adjustment following procedures under subchapter 77-813, Appeals of administrative decisions.

E.

Table of allowed uses.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 26, 4-1-2008; Ord. No. 001-12, § 1(Exh. A), 1-3-2012; Ord. No. 013-13, §§ 3, 4(Exh. A), 5-21-2013; Ord. No. 022-14, § 3, 6-3-2014)

A.

Residential uses.

1.

Dwelling, HUD-code manufactured home. A new HUD-code manufactured home may be permitted in any residential or agricultural district, provided that the dwelling and lot conform to all applicable construction standards, and zoning standards for the respective zoning district. For purposes of this provision, a "new" manufactured home has never been occupied.

2.

Dwelling, manufactured housing park.

(a)

Effective January 1, 2005, no mobile home dwelling, except those already being used as a dwelling, shall be located within the City of Rowlett.

(b)

Only a HUD-code manufactured home no more than five years old may be located within a manufactured housing or mobile home park, so long as the park has a minimum of seven acres.

(c)

Masonry construction standards shall not apply to approved manufactured housing within a manufactured housing or mobile home park.

3.

Dwelling, multi-family.

(a)

Refuse facilities.

(1)

Every dwelling unit shall be located within 250 feet of a refuse facility measured along the designated pedestrian or vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per 30 multi-family dwelling units. For complexes with less than 30 units, no less than four cubic yards shall be provided.

(2)

Each refuse facility shall be enclosed within a building, or shall be screened pursuant to the requirements for screening of dumpsters and trash compactors in subchapter 77-504F.2.

(3)

Refuse containers shall be provided and maintained in such a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.

B.

Institutional and public uses.

1.

Telecommunication antennas.

A.

Purpose. These regulations are adopted for the following purposes:

(1)

To protect and provide for the public health, safety, and general welfare of the city.

(2)

To enhance the ability of the providers of telecommunications services to provide such services to the community safely, effectively, and efficiently.

(3)

To provide regulations for antenna support structures and antennas that provide secure mounting and construction and prevent interference with public safety communications equipment.

(4)

To encourage the users of support structures and antennas to collocate where possible and to locate all facilities, to the extent possible, in areas where adverse impact on the community is minimal. Stealth designs are required for all antenna support structures, antennas, and supporting equipment.

(5)

To protect and enhance the city's environmental and aesthetic quality.

(6)

To identify standards in order to ensure equitable treatment of providers of functionally equivalent telecommunications services.

B.

Applicability.

(1)

This article applies to all telecommunications towers, support structures, and antennas installed, built or modified unless exempted in (2) below.

(2)

Exemptions.

(a)

In any zoning district, antennas that are two meter or less in diameter including satellite earth stations.

(b)

In any zoning district, any receive-only antennas and antenna support structures that are owned and operated by a federally licensed amateur radio station operator where the combined height does not exceed 40 feet provided an amateur radio antenna shall be installed according to manufacturer's requirements and approved by the building official.

(3)

Support structures or antennas legally installed before adoption of this ordinance are not required to comply with this ordinance but must meet all applicable state and federal requirements, building codes, and safety standards. However, if a nonconforming structure is damaged or destroyed by any means to an extent where the replacement cost is greater than 50 percent of its appraised value at the time of damage or destruction as determined by the latest tax rolls, then such nonconformity shall not be re-established and such structure may only be rebuilt in compliance with the requirements of this Code except upon action by the board of adjustment to permit reconstruction of such structure and continuance of the nonconforming use. The board of adjustment shall have due regard for the rights of the person or persons affected, and shall consider such in regard to public welfare, character of the area surrounding, nature of the use in relation to the intent of the area, and the conservation, preservation and protection of property. In addition, no nonconforming structure shall be enlarged or extended to occupy a greater area than was occupied at the effective date of adoption or amendment of the regulations that make the structure nonconforming. Any nonconforming use on a lot or portion of a lot may be altered to decrease its nonconformity.

(4)

An AM array shall be subject to these regulations. An AM array consisting of one or more support structure units and supporting ground equipment, which functions as one AM broadcasting antenna, shall be considered one support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the support structures, including the guide wires, in the array. Additional support structure units may be added within the perimeter of the AM array by right.

C.

Definitions.

(1)

For the purposes of this section, the following terms shall have the respective meanings as ascribed to them:

Antenna: Any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, or other communication signals.

Antenna support structures: The transmitting or receiving system, its supporting structures, and any appurtenances mounted thereon, including a free-standing structure built specifically to support or act as an antenna or a structure mounted on some other man-made object such as a building or bridge.

Backhaul network: The lines that connect a communications provider's support structure/cell sites to one or more telephone switching offices and/or long distance providers, or the public switched telephone network.

Collocation: The use of a single-support structure and/or site by more than one communications provider. Collection also means locating a telecommunications facility on an existing structure (for example: buildings, water tanks, towers, utility poles, etc.) without the need to construct a new support structure.

The Federal Aviation Administration.

The Federal Communications Commission.

Height: The distance measured from the finished grade of the parcel to the highest point on the support structure or other structure including the base pad and any antenna.

Monopole: A structure composed of a single spire used to support telecommunications equipment.

Omni antenna: A thin, vertical, whip-type antenna that delivers an omni directional signal.

Pre-existing support structures and pre-existing antennas: Any support structure or antenna for which a building permit or use permit has been properly issued prior to the effective date of this ordinance, including permitted support structures or antennas that have not yet been constructed so long as such approval is current and not expired.

Stealth antenna support structure: The design of a tower or tower structure that blends into the surrounding environment and is visually unobtrusive. Examples of a stealth design or tower are: architecturally screened, roof-mounted antenna/array/equipment; building-mounted antenna/array/equipment that is painted and treated as an architectural element to blend with the existing building; designs that conceal the antenna/array/equipment, such as manmade trees, clock towers, bell towers, steeples, light poles, and similar alternative-design mounting structures.

Telecommunications facility: Any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground-mounted) transmitting and receiving antennas, low-power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunications support structures.

Telecommunication tower: A structure constructed for the purpose of supporting one or more antennas designed to transmit or receive wireless signals (i.e. cellular, radio, or television).

Temporary antenna: An antenna and supporting equipment used on a temporary basis in conjunction with a special event, emergency situation, or in case of equipment failure.

Transceiver radio: Radio equipment rectangular in shape that attaches to lighting fixtures and/or utility poles and meets wind load requirements. Transceiver radios may have an attached omni-directional whip antenna.

D.

General requirements.

(1)

Antennas and support structures may be considered either principal or accessory uses.

(2)

Antenna installations shall comply with all other requirements of all city ordinances and the zoning ordinance with the exception of those specified within this article.

(3)

All commercial attachments including but not limited to signs, flags, lights and attachments, other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be replaced on light standards that are altered or replaced to serve as antenna support structures with fixtures that comply with the lighting regulations of the city. However, this provision shall not preclude the inclusion of an antenna within or mounted on a flag pole.

(4)

All antennas and support structures must meet or exceed current standards and regulations of the FAA, the FCC, and any other state and federal agency with regulatory authority over support structures and antennas. If standards change, owners must comply within six months or as required by the regulating authority.

(5)

A building permit is required to erect or install an antenna, antenna support structure, and related equipment, unless the particular antenna is exempt from regulations of this article. All installations must comply with applicable state and local building codes and the standards published by the Electronic Industries Association as may be amended from time to time. In addition to any other approvals required by this section, no new antenna, tower, or support structure shall be erected prior to the issuance of a building permit.

(6)

All support structures and antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the City of Rowlett's radio frequencies and public safety operations as required by the FCC.

(7)

No commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires may be located within any required front, side, or rear yard setback.

(8)

All antennas and antenna support structures owned and/or operated by a governmental entity shall be permitted by right in any district.

(9)

Design.

(a)

Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be painted a neutral color consistent with the natural or built environment of the site.

(b)

Stealth structures must be designed so they are reasonably consistent with the surrounding built or natural environment. In order to determine compliance with this requirement, the city will consider the following criteria:

i.

Scale;

ii.

Color;

iii.

The compatibility of the proposed facility with surrounding built and natural features;

iv.

Extent to which the proposed facility has been designed to reasonably replicate a non-wireless facility; and

v.

Extent to which the proposed facility is not readily identifiable as a wireless communications facility.

(c)

Towers shall not exceed the height limitations of any airport overly zone as may be adopted by the city.

(d)

Antenna attached to a building or stealth support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.

(e)

All towers and equipment shelters or cabinets shall be surrounded by a minimum 6 foot high decorative wall constructed of (1) brick, stone or other approved materials as listed in this Code or (2) wrought iron fence and a landscape strip of not less than 10 feet in width planted with evergreen materials, which will provide a visual barrier to a minimum height of six feet within two years. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by administrative permit. An acceptable alternative shall be in accordance with living screen requirement of the Code, or by an equivalent method approved by the planning director where visual screening will be achieved that meet the intent of this Code.

(f)

If the equipment cabinets or storage buildings contain machinery that produces noise, the cabinet, or building shall be designed so that the noise is not perceptible outside the structure."

(g)

All towers and structures shall be set back from the property line of any adjacent use, and any thoroughfare, collector and above as indicated on the Master Thoroughfare Plan, at least a distance equal to the height of the tower. An exception to this exists where there is provided an engineered break or collapse point of the tower, in which case the setback may be 110 percent of the distance of the breakpoint to the bottom of the tower. The setback shall consider the combined fall distance of the remaining supported base and any collapsed sections so as to prevent encroachment onto adjacent property, public street, overhead utility lines or ground or pad-mounted utility services.

(h)

Vehicle or outdoor storage on any tower site is prohibited.

(i)

On-site parking on an approved concrete surface for periodic maintenance and service must be provided at all antenna or tower locations consistent with the underlying zoning district.

(10)

All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, or modify antennas or support structures. Additional measures may be required as a condition of the issuance of a building permit and/or conditional use permit as deemed necessary.

(11)

Temporary antennas shall only be allowed in the following instances:

(a)

In conjunction with a festival, carnival, or other special event.

(b)

In case of an emergency as required by the police or fire departments.

(c)

When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the provider must acquire a permit for the use.

(12)

Applicants must notify the city of any change in collocation or backhaul providers within 30 days of the exchange.

(13)

Obsolete non-complying tower structures. Any portion of a tower, which is not occupied by an active antenna for a period of six consecutive months, shall be removed at the owner's expense. Failure to comply with this provision shall constitute a public nuisance that may be remedied by the city at the tower or property owner's expense. Any applicant for a new tower or disguised structure shall place a bond or other security with the city prior to any final approval for the purpose of removing any tower or disguised structure as required herein and to compensate the city for performing proper maintenance of such towers or disguised structures to ensure such structures do not become unsafe or otherwise fail to be maintained in compliance with this Code. The bond or security shall be in the form approved by the planning director, and in the amount of $15,000.00, or such other amount as is determined by the planning director to satisfy the requirements hereof with regard to the specific tower or structure to which it would apply.

(14)

Wind-load. A tower shall be designed with a minimum 90 mile per hour wind-load. The wind load characteristics of the tower shall consider the addition of up to two antennas.

E.

Collocation. Collocation shall be accomplished as follows:

(1)

All new stealth support structures over 60 feet in height must be constructed to support antennas for at least two carriers unless the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment must also be provided. A written agreement committing to shared use as required by this subsection shall be submitted by the tower applicant prior to approval of the application. The failure of the owner of a tower built for shared use shall be in violation of this ordinance and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the city.

(2)

Telecommunications area map. Any tower approved within the city or ETJ, indicated within that jurisdiction on the telecommunications area map, shall be designed and constructed to accommodate the number of users indicated on the map to the extent feasible. The failure of the owner of the tower built for shared users to negotiate in good faith with potential users shall be a violation of this Code and, among other remedies of the city, shall be cause for the withholding or revocation of a conditional use permit.

(3)

Appeal of shared use violations. Any party seeking shared use of a tower subject to this provision shall, after responding to notice of an application, negotiate with the tower owner for such use. The tower owner may, on a legitimate and reasonable business basis, choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonable overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall notify the applicant and the planning director in writing within 20 days. The planning director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee as established by resolution of the city council. After the tower owner's receipt of the notice, the tower owner shall have 20 days to provide a written submission to the planning director responding to the alleged violation of the shared use requirement. If deemed necessary by the planning director, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the planning director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended until the planning director has determined that the tower owner has complied.

(4)

A support structure which is modified or reconstructed to accommodate collocation shall be of the same type or design as the existing structure and is subject to the following regulations:

(a)

The support structure may be modified or rebuilt to a height not to exceed 30 feet over the support structure's existing height, with a maximum height of 150 feet above ground level (AGL). If a use permit issued for the support structure stipulated a maximum height, the support structure may not be modified unless the conditional use permit is amended.

(b)

Distance separation from other support structures and residential zoning district boundaries are based on the original support structure and are not increased.

(c)

The support structure may be moved on the same property within 50 feet of its existing location but may not be moved closer to residentially-zoned property. The new location must be within the boundaries of the conditional use permit.

(d)

The original support structure must be removed from the property within 90 days of the completion of new support structure.

(e)

Additional antennas attached to an existing support structure must comply with the design of the existing antenna on the support structure.

F.

Antennas and tower placement allowed by-right. The placement of antenna and towers are permitted by-right in all zoning districts only as follows:

(1)

The attachment of additional or replacement of antenna or shelters to any tower existing on the effective date of this Code or subsequently approved in accordance with these regulations, provided that the additional equipment, shelters, or cabinets are located within the existing tower compound area.

(2)

The mounting of antenna on any existing building or structure, such as a water tower, provided that the presence of the antenna is concealed by architectural elements or painted a color identical to the surface to which they are attached.

(3)

The mounting of antenna on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten feet.

(4)

The installation of antenna or the construction of a tower or support structure on building or land owned by the government.

G.

Antenna and tower placement allowed by administrative permit. The placement of antenna and towers as listed in this section shall be administratively approved by the planning department based upon compliance with the standards of this section.

(1)

Types of antenna and tower placement allowed by administrative permit.

(a)

The attachment of additional or replacement antenna or shelters to any tower existing on the effective date of this Code or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area, as long as all other requirements of this section and the underlying zoning district are met.

(b)

The one-time replacement of any tower approved in accordance with these regulations, so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be a monopole or stealth design. The height of the new tower may exceed that of the original by not more than 20 feet if such tower meets conditions herein. Subsequent replacements shall require the approval of a conditional use permit.

(c)

The construction of a stealth support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a cabinet if the stealth support structure is incidental to a non-residential use.

(d)

Towers erected and maintained for a period not to exceed 45 days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.

(2)

Application procedures. Applications for administrative permits shall be made on the appropriate forms to the planning director and accompanied by payment of a fee as may be established by the council.

(3)

Application requirements.

(a)

A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements within 200 feet of the proposed antenna or tower, including buildings, drives, walkway, overhead utility lines, ground or pad-mounted utilities, parking areas, and other structures, public right-of-way, the zoning categories of the subject and adjoining properties, the location of the distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the existing or proposed tower. The application shall describe the height, design, location, type and frequency of antenna, tower owner's name, longitude/latitude, antenna providers using the tower, etc.

(b)

The application shall be reviewed by the planning director to determine compliance with the above standards and transmit the application for review and comments by other departments and public agencies as may be affected by the proposed facility.

(c)

The planning director shall issue a decision on the permit within 45 days of the date of application, or the application shall be deemed approved unless the time period for review and action was extended pursuant to this section. The planning director may deny or approve the application as submitted or with minor changes that are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purpose of this section. The planning director may consider the purposes of this section and the factors established in this Code, as well as any other considerations consistent with the Code. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

(4)

Appeals. Appeals from the decision of the planning director shall be made pursuant to subchapter 77-813, Appeals of administrative decisions.

H.

Antennas and tower placement allowed by conditional use permit. Unless otherwise provided herein, all proposals to install or replace an antenna, tower, or support structure in any zoning district shall require the approval of a conditional use permit, subject to the following limitations:

(1)

Applications for conditional use permits. Applications for conditional use permits shall be filed and processed subject to the requirements of and in the manner and time frame established by subchapter 77-807.

(2)

Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated that placement of an antenna or support structure pursuant to Antenna and Tower Placement Allowed By-Right, is not technologically or economically feasible. The planning and zoning commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.

(3)

Findings required. In addition to the determinations or limitations specified herein for the consideration of conditional use permits, the planning and zoning commission shall also base its decision upon, and shall make findings as to, the existence of the following conditions:

(a)

The proposed tower is not and cannot be located to meet the co-location requirements of this section.

(b)

No existing towers, structures, or buildings within the necessary geographic area for the applicant's tower network, or other limiting conditions that render towers, structures, or buildings within the applicant's required geographic area unsuitable.

(c)

The design of the tower or structure, including the antenna, shelter, and groundayout, maximally reduces visual degradation and otherwise complies with provisions and intent of this section. New towers shall be a stealth design.

(d)

The proposal minimizes the number and/or size of towers or structures that will be required in the area.

(e)

The applicant has no previously failed to take advantage of reasonable available shared use opportunities or procedures provided by this Code or otherwise.

(f)

No land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the structure or tower.

C.

Commercial uses.

1.

Amusement center. Such uses shall comply with Chapter 10, Article III, Amusement centers, of the Rowlett Code of Ordinances.

2.

Commercial parking facility.

(a)

Ground-floor pedestrian-oriented uses required. A ground-floor parking garage in any district or any parking structure in any of the mixed-use districts shall provide a first-floor space that:

(1)

Has a minimum depth of 25 feet;

(2)

Faces on each street, except alleys, for the full length of the building, except for places necessary for pedestrian and vehicle entrances and exits; and

(3)

Is designed for retail, restaurant, and other pedestrian-oriented uses otherwise permitted or approved in the zoning district.

(b)

Upper-floor facade. The street-facing facade of second and higher floors of a parking garage or parking structure shall have a repeating pattern that includes no less than three instances of either:

(1)

Color change;

(2)

Texture changes;

(3)

Material module changes; or

(4)

Expression of an architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.

At least one of these elements shall repeat at an interval of not more than 30 feet. This standard may be waived if the applicant can demonstrate an alternative building design that significantly articulates a wall plane.

(c)

Incentives for active uses on second and third floor facades. Parking garage projects are encouraged to contribute more human activity and vitality to the mixed-use districts by providing occupied spaces with windows near street level. A bonus height of two additional stories may be added to any parking garage or structure in the mixed-use districts, if the second and third floor of such garage or parking structure has a space that:

(1)

Has a depth of 25 feet or more;

(2)

Faces on all streets, except alleys, for the entire length of the building; and

(3)

Is designed for any non-parking use otherwise permitted or approved for the zoning district.

3.

Kennel or veterinarian office.

(a)

Unless outdoor facilities are authorized under Table 3.1-1, all facilities, including all treatment rooms, cages, pens, kennels, training rooms and exercise runs, shall be maintained within a completely enclosed, soundproof building, and shall be sufficiently insulated so that no noise or odor resulting from internal operations can be detected off-premises.

(b)

A kennel shall be set back at least 100 feet from any residential use or residentially zoned property.

4.

Massage establishment. All such uses shall comply with Chapter 10, Article VI, Massage establishments, of the Rowlett Code of Ordinances.

5.

Nightclub or private club with alcohol beverage sales.

(a)

All facilities shall be maintained within a completely enclosed building, and shall be sufficiently insulated so that no noise resulting from internal operations can be detected off-premises.

(b)

Notwithstanding the general dimensional standards in Chapter 77-400, the minimum setback requirement for nightclubs shall be 25 feet from any adjacent public right-of-way or industrial zoning district, and 50 feet from any non-industrial zoning district.

(c)

All nightclubs with food service shall comply with Chapter 10, Article V, Food service establishments, of the Rowlett Code of Ordinances.

6.

Repair shop. All such uses shall comply with Chapter 10, Article IX, Repair shops, of the Rowlett Code of Ordinances.

7.

Restaurant. All such uses shall comply with Chapter 10, Article V, Food service establishments, of the Rowlett Code of Ordinances.

8.

Sexually oriented business. All such uses shall comply with Chapter 10, Article X, Sexually oriented businesses, of the Rowlett Code of Ordinances.

9.

Vehicle filling station.

(a)

Fuel pump canopy design and illumination.

(1)

A fuel pump canopy support shall utilize the same architectural design, materials, and finishes as the principal building(s) on the lot.

(2)

Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line.

(3)

Lights shall not be mounted on the top or sides (fascias) of the fuel pump canopy, and the sides (fascias) of the canopy shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of subchapter 77-512, Signs.

(b)

Car wash bays and vehicle repair bays.

(1)

The entrance to a car wash bay or vehicle repair bay shall be sited so as not to be visible from a public right-of-way.

(2)

Notwithstanding the general setback requirements in Chapter 77-400, a 20-foot setback for vehicle service areas, bays, or canopies is required from a public street. The setback shall be landscaped in accordance with the minimum plant material requirements of subchapter 77-504, Landscaping and screening, in order to screen the facility from view from public streets, residential uses and/or districts, and less intense nonresidential uses.

(3)

Vehicle wash or service bays facing a rear or side setback shall be screened from adjacent residential properties by a screening wall, fence, or other screening method allowed under subchapter 77-504, Landscaping and screening, of at least eight feet in height.

(4)

Outdoor vacuuming facilities may be located outside, but may not be located in the front building setback nor closer than 50 feet from any residential use or district.

(c)

Outside displays. Outside display of merchandise shall require approval by the planning and zoning commission based on the standards in Chapter 77-303D.3, Outdoor display and sales.

D.

Industrial uses.

1.

Batching or manufacturing plant. Such uses shall comply with Chapter 10, Article IV, Concrete or asphalt batching plant, of the Rowlett Code of Ordinances.

2.

Recycling collection point. A permit must be approved for such uses by the chief building official and director of planning and community development. The following regulations shall apply to such uses:

(a)

Recycling collection points located on a parking lot may not occupy required off-street parking spaces and shall be located so as not to impede free traffic flow.

(b)

No processing of the goods or products, including flattening of aluminum cans, may be performed on the site.

(c)

A vehicle in which a recycling collection point is operated must be kept in proper repair and the exterior must have a neat and clean appearance.

(d)

Any container used as a recycling collection point must be kept in proper repair and the exterior must have a neat and clean appearance.

(e)

Litter in the immediate vicinity of a recycling collection point must be collected and disposed of properly. Goods or products shall not be stored outside the vehicle or container.

3.

Wrecking or salvage yard. All salvage operations shall be so screened by masonry walls or fences so that they cannot be seen by a person standing at ground level at any place immediately adjacent to the lot, or seen from a point of view five feet above the road grade from any public street or road on which the salvage operation is located. This includes wrecking yards (junkyards), recycling centers, and recycling plants.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 017-08, § 1, 7-1-2008; Ord. No. 016-09, §§ 4—6, 6-2-2009)

A.

Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the standards set forth in this section.

B.

Table of allowed accessory uses. Table 3.4-1 below lists the accessory uses allowed within all base zoning districts.

1.

Explanation of table abbreviations.

(a)

Allowed by-right accessory uses. "A" in a cell indicates that the accessory use is allowed by right in the respective zoning district. Accessory uses are subject to all other applicable regulations of this Code, including the use-specific standards set forth in this chapter and the requirements of Chapter 77-500, Development and design standards.

(b)

Special uses. "S" in a cell indicates that, in the respective zoning district, the accessory use is allowed only if reviewed and approved as a special use in accordance with the procedures of Chapter 77-206, Special uses.

(c)

Prohibited uses. A blank cell indicates that the accessory use is prohibited in the respective zoning district.

(d)

Use-specific standards. Regardless of whether an accessory use is allowed by right or subject to review, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a section reference in the last column of the table. References refer to [subchapter] 77-303D., below. These standards apply in all districts unless otherwise specified.

(e)

Unlisted accessory uses or structures. An accessory use or structure that is not listed in Table 3.4-1 may be permitted subject to compliance with all standards set forth in [subchapter] 77-303C., below.

C.

General standards. All accessory uses and structures shall comply with the general standards in this section.

1.

Approval of accessory uses and structures. All principal uses allowed in a zoning district shall be deemed to include the accessory uses, structures, and activities allowed for that district, as set forth in Table 3.4-1.

2.

Compliance with this Code.

(a)

All accessory uses and structures shall be subject to the standards set forth in this section, and also the use-specific standards of 77-302 and the dimensional standards of Chapter 77-400. If the case of any conflict between the accessory use/structure standards of this section and any other requirement of this Code, the standards of this section shall control.

(b)

Commercial accessory uses shall comply with all standards of this Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use associated with commercial and residential uses. In addition, residential accessory uses shall comply with the following standards.

3.

Dimensional standards for residential accessory buildings and structures.

(a)

Size, height and building materials.

1.

The number and size of accessory structures permitted on residential lots shall be regulated by the maximum lot coverage permitted in the zoning district or 35 percent of rear yard, whichever is less.

2.

Accessory structures shall not exceed the height of the primary structure or the maximum height for the zoning district, whichever is less. However, accessory structures in the front yard shall not exceed seven feet in height.

3.

Accessory structures located in the front or side yard shall adhere to the same front and side yard setbacks as required for the primary structure.

4.

When an accessory structure is located in the rear yard, a minimum three foot side setback is required.

5.

No accessory structure or portion of an accessory structure shall be used as a dwelling.

6.

Reserved.

7.

An accessory structure of between 120 square feet and 500 square feet, and which is an enclosed structure, shall have exterior walls constructed of building materials other than metal that are weather resistant, including the roof; provided, however, that if the primary structure on the lot has a metal roof, the accessory structure may also have a metal roof of similar type. A building permit shall be required.

8.

Any accessory structure in a residential zoning district that is over 500 square feet in size and which is enclosed shall require a special use permit. A building permit shall be required.

9.

Any accessory structure that does not meet the above requirements may be allowed only by special use permit.

(b)

Same lot. The accessory use or structure shall be conducted and/or located on the same lot as the principal use.

(c)

Reserved.

(d)

Reserved.

4.

Same ownership required. The principal use and the accessory use shall be under the same ownership.

5.

Same utility meter required. The principal use and the accessory use shall utilize the same utility meter.

6.

Temporary accessory uses and structures. Temporary accessory uses and structures shall be governed by the temporary use permit procedures and standards set forth in [subchapter] 77-304.

7.

Carports. A carport is defined as a structure open on a minimum of three sides designed or used to shelter vehicles.

(a)

No carport may be erected without a building permit.

(b)

For carports located in front yards, side yards, or in rear yards visible from a public street, the following regulations shall apply:

(i)

Carports shall not be located within any required front or side yard setback.

(ii)

The carport shall be architecturally integrated with the main structure. The exterior building materials and roof materials shall not consist of metal and shall be comprised of materials of similar type, size, shape, texture, and color of the primary structure.

(iii)

The ceiling height shall not exceed eight feet.

(iv)

The carport shall have a pitched roof that is either a closed or opened gable or hip design that matches the existing pitch and is structurally integrated into the roof of the principal structure provided that, if the carport abuts a two-story wall of the home, the carport shall be attached to the abutting wall. The carport shall use roofing materials that substantially match the color and type of the roofing materials used on the principal structure.

(v)

In front yards, carports shall be no greater than 500 square feet and cannot extend 20 feet beyond the front or exterior building line proper. The width of a front carport shall not exceed 40 percent of the length of the front façade of the principal structure.

(c)

For carports located in rear yards and that are not visible from a public street, the following regulations shall apply:

(i)

Carports must be a minimum of three feet from side and rear property lines.

(ii)

Rear yard carports must be constructed of either pre-engineered metal-based systems or be comprised of materials of similar type, size, shape, texture and color of the primary structure.

(iii)

Rear yard carports shall not exceed 500 square feet.

(d)

The ceiling height for carports attached to the rear of a one-story residence cannot exceed the height of the peak of the roof of the residence or 15 feet, whichever is greater. The ceiling height for carports attached to the rear of a two-story or greater residence shall be restricted to 15 feet.

(e)

The roof material of a carport must be approved by the building official.

(f)

Parking within carports must be on an approved surface.

(g)

Any carport that does not meet the above requirements or exceeds 500 square feet may be allowed only by special use permit.

D.

Additional standards for specific accessory uses. The accessory uses listed in this section shall comply with the general standards of [subchapter] 77-303C as well as the specific standards of this [subchapter] 77-303D.

1.

Home occupations. A home occupation may be permitted as accessory to any principal dwelling unit subject to the following standards:

(a)

Size/area. The business or service is located within the dwelling or an associated accessory building, and does not exceed 20 percent of the combined floor area of the structures or 500 square feet, whichever is less.

(b)

Employees and residency.

(1)

The principal person or persons providing the business or service shall reside in the dwelling on the premises.

(2)

The home occupation shall employ no more than one person who does not reside on the premises.

(c)

Neighborhood compatibility.

(1)

The home occupation shall cause no change in the external appearance of the existing buildings and structures on the property.

(2)

All vehicles used in connection with the home occupation shall be of a size, and located on the premises in such a manner, so that a casual observer or a person of normal sensibilities will not be able to detect any sign of the premises being used as a home occupation. No more than one commercial vehicle displaying commercial signage and/or side tool boxes and/or with mounted ladders shall be located on the premises. No vehicle larger than one ton shall be kept on the premises.

(3)

Subject to requirements herein, there shall be sufficient off-street parking for employees of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to [subchapter] 77-506, Off-street parking.

(4)

No additional parking areas shall be located in the front setback or exterior side setback.

(5)

There shall be no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.

(6)

The property shall contain no outdoor display or storage of goods or services that are associated with the home occupation.

(7)

Wholesale or retail sales of goods shall not occur on the premises.

(8)

The home occupation shall not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

2.

Outdoor storage, display, and sales. Outdoor storage, display, and/or sale of new merchandise may be considered as an accessory use for all uses following site plan approval for the principal use. The display of goods shall meet all of the following requirements:

(a)

Purpose. The purpose of these regulations is to:

(1)

Conserve the value of buildings and land by preserving, improving, or enhancing property values;

(2)

Encourage the appropriate use of land;

(3)

Protect public health, safety and welfare by the control, prevention, elimination, or otherwise reduction in opportunity for hiding, nesting or residence of pest, vermin or wildlife;

(4)

Improve aesthetics along street corridors so as to improve the quality of life of those traveling the streets and living in the city and to enhance the attractiveness along street, road and highway corridors related to tourism;

(5)

Enhance the economic development climate for those proposing or considering the city for location or relocation; and

(6)

Protect and enhance places and areas of historical and cultural importance.

(b)

Procedural requirements. Outdoor storage, display, and/or sale shall require approval of the planning and zoning commission. All new development plans must show the location of such areas in accordance with this section. Existing non-residential uses must submit a plan showing the location of the outdoor display or sales areas and how the requirements of this section are to be met. Approval may be subject to appropriate conditions by the planning director.

(c)

General requirements.

(1)

Subject to provisions of this Code, there shall be no keeping of unlicensed or unregistered vehicles used for salvage, storage or other such use. An exception to this provision exists for single-family dwellings for two such vehicles within other than a setback area, not viewable from an adjacent property or a public street.

(2)

Upon every lot, tract or parcel there shall be no permanent or temporary keeping of materials, goods or products. This provision shall also prohibit the placement or continued operation of trailers, drop-boxes and other such facility where the purpose is to collect used materials, products, goods, clothing and similar such items. An exception to this provision exists for the following:

a.

Materials kept on the site intended to be used in the construction of a building or building improvement, if there is a current building permit. The maximum length of time for such storage shall be six months. If it has been determined by the department of planning and development that substantial progress has been made and is on going toward the completion of such construction or improvement, a six month extension may be granted. The maximum length of time for the keeping of such shall be one year.

b.

For a nonresidential use, a plan has been approved for the location, time period and other conditions necessary to prevent a public nuisance and to fulfill the intent of this regulation.

c.

Any project belonging to or under the control or the responsibility of a government agency.

(3)

No area defined as the exterior or front setback or yard area, and that area adjoining the property as a public right-of-way, shall be used for the placement or parking of any vehicle, storage unit or object exceeding 20 feet in length with a height exceeding eight feet for a period exceeding two weeks per calendar year.

(4)

The setback and yard area shall not be used for other than intended or approved.

(5)

Within all residential zoning districts, and upon every lot, tract or parcel where a residential land use exists, there shall be no keeping of a storage unit within a front or exterior yard or setback for a period exceeding two weeks.

(6)

Upon every lot, tract or parcel there shall be no permanent placement, storing or holding of trailers or trailer components designed for storage or cartage or for any storage unit.

(7)

Upon every nonresidential district or upon any lot, tract or parcel where a nonresidential use exist, there shall not be the keeping of any vehicle, boat or trailer awaiting repair for a period exceeding seven days within any area where such can be viewed from a public street or adjacent property.

(8)

In those zoning districts where retail sales are permitted, outdoor display and sales shall be permitted a total of 14 consecutive days or less, four times per calendar year, each 14 day or less period shall be separated by not less than 60 days. Such uses shall be required to secure a temporary use permit.

(9)

Seasonal merchandise may be placed within the setback area if it is found that the location of merchandise and length of time of placement as is defined by the seasonal nature of the merchandise will maintain the purpose of this provision and subject to the following conditions:

a.

With the exception of Christmas trees, no area required for off-street parking may be used for outdoor storage or display of merchandise.

b.

To allow for safe pedestrian traffic, a four-foot wide unobstructed walkway must be provided between the curb, edge of walkway, fire lane, turning aisle or parking space and any stored and/or displayed merchandise.

c.

No stored or displayed merchandise, goods or products may be situated such that visibilities of on-site or off-site traffic lanes are obstructed.

d.

No merchandise shall hamper pedestrian movement.

(10)

No off-site outdoor storage or display shall be permitted.

(11)

No storage or display shall interfere with required parking or required landscaping.

(12)

The setback and yard areas shall be used only for parking of operable vehicles incidental to activities of nonresidential businesses and governmental activities within designated parking spaces.

(13)

The setback or yard areas may be used to display or store equipment used in a rental business, holding a valid sales tax permit, where the site and equipment is kept in an ordered and well maintained condition, free or trash, weeds and in conformance with other provisions herein.

(14)

Unless otherwise approved by the planning and zoning commission, every outdoor storage use shall have an approved device or method that when installed will obscure the view of such outdoor storage from a public right-of-way, or zoning district or land use of a more restrictive zoning classification as defined herein.

(15)

Where a screening device or method is required, outdoor storage shall not exceed the height of an approved screening device. Where a screening device is required for a residential use, and an eight foot fence will not totally screen a boat, RV or similar situation, the director of planning may permit such if it is found that such will not be detrimental to the neighborhood and is in keeping with the intent of this provision.

(16)

Outdoor storage areas shall be kept and maintained in such a manner that will not hinder nor obstruct fire-fighting or other emergency operations. Access to each area of storage and each building on the premises shall be provided by means of roadways and/or aisles as required by the fire chief or designee.

(17)

Where a screening device or method is required to obstruct the view of outdoor storage, the land used to place outdoor storage upon shall not have a topographic elevation, which, with the required screening, shall allow the outdoor storage to be viewed from a public right-of-way or adjacent residential use.

(18)

No outdoor storage of material as defined herein shall be located within a public right-of-way unless awaiting pick up by a solid waste collection facility if such pickup or collection is permitted.

(19)

No outdoor display of materials or products of any type, nor any signs used to advertise a business activity, shall be located within a public right-of-way.

(20)

Where driveways are located within the front or exterior side setback, such shall not be used for the parking or storage of boats, RVs, service vehicles, trailers, or other such use other than operable automobiles and passenger trucks one-ton or less in capacity. This provision shall also include the prohibition for on-street parking of such.

(21)

When in his opinion, the character of the neighborhood, the appearance of a the activity from a transportation corridor, or the impacts of an action upon adjacent properties, and based upon the location and duration, the director may require a temporary use permit for any situation described herein, and may refer the approval for such a permit to the commission.

3.

Agricultural buildings. Agricultural buildings are those structures designed and used for the storage of farm and ranching equipment and products, or for sheltering livestock. Agricultural buildings may be permitted only in zoning districts in which the agricultural use supported by the agricultural building is allowed.

(a)

Agricultural buildings not meeting the requirements for accessory structures on residential lots may be approved only with a conditional use permit.

(b)

The number and size of agricultural buildings permitted shall be limited by the maximum lot coverage permitted in the zoning district.

(c)

The front, side and rear setbacks applicable in the zoning district shall apply.

(d)

Agricultural building materials shall be at the discretion of the planning and zoning commission when issuing the conditional use permit. Metal, wood, masonry, or other approved materials may be used to construct an agricultural building with the approval of the commission.

(e)

Agricultural buildings may be erected prior to the erection of a primary structure on the property and, in such event, no plat shall be required.

4.

Solar panels.

(a)

Location. Solar panels may be located on the roof of a structure.

(i)

Freestanding solar panels are prohibited.

(ii)

Solar panels on the roof of a structure shall be located on any side of the building, to maximize optimal solar orientation or, in the case of a flat roof, behind a parapet wall.

(iii)

Solar shingles may be located anywhere on the roof of a home. Solar shingles are defined herein as solar cells designed to resemble traditional asphalt or roof shingles.

(b)

Dimensional requirements.

(i)

Solar panels located on a roof may not project higher than eight inches above the roof plane and shall not be taller than the roof peak.

(ii)

Solar shingles located on a roof visible from a front yard will be allowed as part of the roof structure with no additional apparent change in relief or projection.

(iii)

Solar panels located on a pitched roof shall incorporate the following:

a.

Provide a low-profile mounting system,

b.

Hardware will be of black coloration,

c.

Internalize all electrical wiring and equipment associated with the system,

d.

Be parallel with the roof pitch.

(c)

Screening. Freestanding solar panels or solar panels located on flat roofs must be screened from public view and adjacent properties using a parapet wall, fence, or living screen with a minimum height equal to the height of the solar panels.

(d)

Permit required. Any solar panel or supporting structure that does not meet the above requirements will require a special use permit.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 019-08, § 2, 7-15-2008; Ord. No. 016-09, § 7, 6-2-2009; Ord. No. 005-10, §§ 2—5 4-6-2010; Ord. No. 020-11, § 2, 8-16-2011; Ord. No. 013-13, §§ 5—8, 5-21-2013; Ord. No. 022-14, § 4, 6-3-2014; Ord. No. 008-19, § 1, 5-7-2019; Ord. No. 036-19, 12-17-2019)

A.

Purpose. This section allows for the establishment of specifically enumerated uses for a temporary period when such activities are desirable for the community in the short term but may have detrimental effects if allowed to continue on a long term basis, provided that (1) a temporary use permit is properly obtained pursuant to [section] 77-810 of this Code; (2) the proposed temporary use complies with the requirements of this section.

B.

Permitted temporary uses and structures. The following temporary uses and structures may be permitted in accordance with the requirements of this section:

1.

Temporary expansion or replacement facilities. Expansion or replacement facilities, consisting of transportable buildings that are pre-constructed and arrive at the site ready for occupancy and are readily removed and installed at other sites, may be permitted in accordance with the requirements herein. Such facilities may include, but are not limited to, the following:

(a)

Religious assembly facilities, health care facilities, entertainment uses, and government offices, following the approval of filed plans and applications for the permanent alteration/expansion of these facilities, if required.

(b)

Temporary classroom space for existing public and accredited private schools. Such facilities shall not be subject to general time limitations.

(c)

Temporary office space for construction and security personnel during the construction of an approved development for which a grading or building permit has been issued or for temporary office space (one per site) for hiring, membership solicitation, apartment office/leasing, and general office use following the issuance of a building permit for the construction of a permanent office building.

(d)

Temporary space for a non-residential use following the destruction of a building by fire or other catastrophic event. The building permit for the reconstruction of the permanent building must be obtained within 120 days of the approval of the temporary use permit. For good cause, the planning director may approve a written request for a 120-day extension of the temporary use permit provided that the request is filed prior to the lapse of the original permit term.

2.

Temporary parking areas.

(a)

Temporary parking areas located within projected rights-of-way. Parking required by this Code may be provided temporarily within a setback area required under this Code if approved in accordance with the site plan.

(b)

Temporary parking on unimproved surfaces. Temporary parking on unimproved surfaces such as dirt and gravel may be approved in conjunction with events provided the grass is maintained and kept short to reduce the risk of fire.

3.

Real estate sales offices and model homes.

(a)

A non-transportable real estate sales office is allowed for residential development in any residential zoning district until all lots or houses are sold.

(b)

A transportable sales office may be used for a period of six months, or until the first six lots or ten percent of the lots, whichever is less, are sold.

4.

Temporary semitrailer, wheeled vehicle, or containerized freight container.

(a)

A temporary semitrailer, wheeled vehicle, or containerized freight container may be approved for 60 days where used for temporary storage of seasonal merchandise for a continuous period one time per year for a retail use exceeding 50,000 square feet.

(b)

A temporary semitrailer, wheeled vehicle, or containerized freight container may be approved for the duration of a project where used as a construction office or for construction equipment storage for an ongoing commercial or utility construction project.

5.

Seasonal uses. Seasonal uses, including but not limited to, Christmas tree sales and pumpkin sales, may be approved for up to 45 days.

6.

Similar temporary uses. Similar temporary uses which, in the opinion of the planning director, are compatible with the zoning district and surrounding land uses, and meet the general requirements of this section may be approved for up to 30 days.

Notes:

⁽¹⁾ All temporary uses will be approved by the planning director except for "similar temporary uses" which will be approved by the planning and zoning commission.

⁽²⁾ Extensions are approved by the planning and zoning commission with the exception of; temporary space for a non-residential use following a natural disaster which may be extended by the planning director.

⁽³⁾ See section 77-506 for regulations regarding parking areas.

C.

No temporary use permit required.

1.

The following temporary uses are deemed approved in any district and are exempt from the temporary use permit requirements of section 77-810, provided that the proposed temporary use complies with the following general requirements:

(a)

Events utilizing city property, public streets, or public rights-of-way, provided that the applicant shall coordinate the event with the police and fire departments, who may utilize the services of other city departments, and comply with any conditions required by those departments;

(b)

Up to four, two-day garage or yard sales per year per residential dwelling unit;

(c)

Temporary car washes lasting no more than two consecutive days, seven times per year; and

(d)

Temporary uses that occur wholly within an enclosed permanent building and that do not meet the definition of "special event" as defined in chapter 52 of the Code of Ordinances. However, if the temporary use is proposed within a non-conforming structure that has been vacated for more than six months the structure will not be made conforming because of the temporary use.

(e)

The following uses are deemed to be special events and regulated by chapter 52 of the Code of Ordinances:

(1)

Carnivals or amusement parks. Carnivals and amusement parks are defined as a structure or outdoor area open to the public that provides entertainment or amusement for a fee or admission charge, including, but not limited to, rides, water slides, carnivals, and games of chance.

(2)

Gatherings of people, such as block parties, nonprofit bazaars, and fundraisers.

D.

General requirements for all temporary uses and structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Code:

1.

The temporary use or structure shall not be detrimental to property, or improvements in the surrounding area or to the public health, safety, or general welfare.

2.

The temporary use or structure shall not have adverse impacts on adjacent land uses and aesthetics as viewed from thoroughfares as determined by the planning director.

3.

Permanent alterations to the site are prohibited. At the conclusion of the temporary use or at the expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.

4.

All temporary signs associated with the temporary use or structure shall be removed when the activity ends or when the permit expires, whichever occurs first.

5.

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site, including parking and setback requirements.

6.

The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as building permits or health department permits.

7.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplains, stream protection setbacks, wetlands, areas of slope greater than 20 percent, and required landscaping.

8.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

9.

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and shall have a fire rating approved by the fire marshal and the building official.

10.

No temporary use shall be established if such will require installation by cranes or other such heavy equipment on a public street unless first approved by the city. Such installation may require that an amount be placed in escrow to cover the costs of repairs to such streets or portions thereof.

11.

Floodplains. Applications for temporary structures to be located in the 100-year floodplain shall be required to submit a plan to the public works department for the removal of such structure(s) in the event of a flood notification. The plan shall include the following information:

(a)

The name, address, and phone number of the individual responsible for the removal of the temporary structures and the property owner;

(b)

The time frame prior to the event at which a structure will be removed; and

(c)

A plan to remove the temporary use earlier than the scheduled removal date, if required.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 14, 4-1-2008; Ord. No. 020-11, § 2, 8-16-2011; Ord. No. 001-12, § 2, 1-3-2012)