The restrictions in this division shall apply in all zoning districts provided for in this article.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2.5 and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and line joining points along the street lines 50 feet from the point of the intersection.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

(a)

Notwithstanding other provisions of this article, fences, walls, and hedges may be permitted in any required yard, provided that no fence, wall, or hedge shall be over 2.5 feet above the street curb level within the clear sight triangle (see definitions).

(b)

The height of the wall or fence shall be determined by measuring the distance from the nearest adjacent ground to the tallest portion of the fence or wall.

(c)

An eight-foot maximum height shall be permitted on any side or rear lot provided that such a wall or fence in is accordance with this chapter.

(d)

A wall retaining four feet or more of soil must be designed and stamped by a professional engineer, registered in the state.

(e)

No wall or fence shall be permitted in the city right-of-way.

(f)

A lot that contains an in ground swimming pool, wading pools, or ponds over 24 inches deep, or that contains an entirely above ground pool containing more than 5,000 gallons of water, shall be enclosed by a wall or fence of at least five feet in height.

(g)

Exceptions. The height regulation on walls and fences in residential districts shall not apply to tennis courts or any other uses that the planning and zoning supervisor deems appropriate.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010; Ord. No. 467, § 14, 6-6-2019; Ord. No. 508, § 2, 7-15-2021)

All accessory buildings must comply with the street right-of-way and side lot boundary setbacks, but (subject to the remaining provisions of this chapter) shall be required to observe a five-foot setback from lot boundary lines.

(1)

No more than one accessory building intended to be used as storage shall be allowed per lot, unless the property is more than one acre, then the property may have up to two accessory buildings for storage.

(2)

An accessory storage shall not be allowed until 50 percent of the principal structure has been erected.

(3)

Shipping containers shall not be used as accessory buildings in residential zones. These accessories shall only be allowed as temporary storage during the construction of the principal structure.

(4)

Accessory buildings shall only be allowed in the rear or side of the principal structure.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010; Ord. No. 499, § 2, 12-3-2020)

No more than one principal structure housing a permitted or permissible use may be erected on a single lot. Land must be subdivided and the platting procedure and other procedures, including rezoning, must be followed if an owner wishes to be permitted to construct more than one principal structure on a lot.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

The height restrictions contained in this chapter do not apply to ordinary and necessary spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

Every building hereafter erected or moved shall be on a lot with at least 40 feet frontage on, and with vehicular access to, a public street; and all structures shall be so located on lots as to provide safe and convenient vehicular access for servicing, fire protection, and required off-street parking.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises not to exceed 72 hours. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

Automotive vehicles or trailers of any kind or type without current license plates or in inoperable condition shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

Any wrecking yard or junkyard including those existing prior to this chapter shall have constructed a complete surrounding solid wall or fence at least eight feet high, which shall screen from public view the entire wrecking or junkyard premises. Wire or chainlink fences are ineffective at concealing these yards and therefore are prohibited.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

Any mobile home permanently placed, no matter what size, shall be skirted, regardless of whether it is a mobile home placed prior to or after the adoption of the ordinance from which this chapter is derived.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

The following minimum number of off-street parking spaces are required for the following uses in all districts:

(1)

Dwellings:

a.

Single-family dwelling unit: two spaces per dwelling.

b.

Two-family dwelling unit: two spaces per dwelling.

c.

Multiple-family dwelling unit 1.5 spaces per dwelling.

d.

Roominghouses: one space per living unit.

e.

Boardinghouses: one space per living unit.

(2)

Public and semi-public educational and institutional uses:

a.

Elementary and junior high schools: one space for each classroom, workshop, laboratory, or office, plus one space per 200 square foot of auditorium, gymnasium, and cafeteria.

b.

Senior high school: four spaces for each classroom, workshop, laboratory, or office, plus one space per 200 square foot of auditorium, gymnasium, and cafeteria.

(3)

City neighborhood, community buildings: one space per 250 square feet of net leasable area.

(4)

Libraries or museums: one space per 250 square feet of net leasable area.

(5)

Churches: one space for four seats.

(6)

Auditoriums: one space per 100 square feet of net leasable area.

(7)

Day care facilities: two spaces, plus one additional space for each ten children.

(8)

Public buildings other than elementary and high schools: one space per 250 square feet of net leasable area.

(9)

Recreational and entertainment:

a.

Theater: one space per three seats.

b.

Bowling alley: five spaces per lane.

c.

Parks, athletic fields, tennis and pool facilities, golf courses, etc.: as determined by the planning and zoning commission.

d.

Enclosed recreational buildings, specialized facilities, and related uses: as determined by the planning zoning commission.

(10)

Gymnasiums, stadiums, field houses, grandstands, and related facilities: one space per each four seats or spectator spaces.

(11)

Medical offices: one space per 200 square feet of net leasable area.

(12)

Nursing homes, sanitariums, convalescent homes, institutions for care of the aged, children, etc.: one space per each two beds.

(13)

Hospital, medical center, other treatment facility: one space per each two beds, plus the number required, based on square feet measurements for office, clinic, testing, research, administrative, teaching, and similar activities associated with the principal use, at one space per each 350 square feet of net leasable area, except for teaching facilities which shall be one per each four seats.

(14)

Uses for general public gatherings for uses involving public assembly of groups of people for whatever reason: one space per each four seats, based on total capacity.

(15)

Commercial uses; general:

a.

Art galleries.

b.

Automobile service station and garage for minor repair.

c.

Barbershops.

d.

Beauty shops.

e.

Business machine sales and service.

f.

Currency exchanges.

g.

Carpet stores.

h.

Private clubs.

i.

Drug stores.

j.

Food stores.

k.

Dry cleaning establishments.

l.

Garden supply and nursery.

m.

Florist shops.

n.

Furniture stores.

o.

Fraternal organizations.

p.

Funeral parlors.

q.

Gift shops.

r.

Other specific merchandise stores (e.g., draperies, fireplaces, glass, greeting cards, jewelry).

s.

General merchandise and appliance stores.

t.

Hardware store.

u.

Paint and wallpaper stores.

v.

Opticians or optometrists.

w.

Interior decorators.

x.

Restaurants.

y.

Liquor stores.

z.

Radio and television service and repair shops.

aa.

Post offices.

bb.

Sporting good stores.

cc.

Bicycle sales and repair.

dd.

Blueprinting and photocopying.

ee.

Physical culture and health salons.

ff.

General repair shops (e.g., electrical).

gg.

Private schools of instruction (e.g., music, karate).

hh.

Transportation terminals.

One per each 200 square feet of net leasable area.

(16)

Commercial uses; specific requirements:

a.

Office uses: one per 350 square feet of net leasable area.

b.

Home occupation: one per 200 square feet of area used for home occupation purposes.

c.

Neighborhood groceries and laundromats: one space per 400 square feet or net leasable area.

d.

Hotel and motel: one space per rental unit.

e.

Auto sales, new and used: one space per 200 square feet of building area including repair shop minus area used for displaying cars.

f.

Eating and drinking establishments: one space per 50 square feet of serving area.

g.

Drive-in eating and drinking establishments: one space per 30 square feet with a ten space minimum.

h.

Drive-in banks: one per 350 square feet of net leasable area, plus one space per 30 square feet of drive-in teller space, plus customer drive-in spaces as determined by the planning and zoning commission.

i.

Shopping centers: five spaces per 1,000 square feet of net leasable area.

(17)

Industrial uses:

a.

Warehouse and distribution: one space per 2,000 square feet on enclosed floor area, plus one parking space for each 500 square feet of office space, plus 0.5 additional trailer parking space for each accessible dock and/or overhead door.

b.

Manufacturing, compounding, and assembly: one space per 2,000 square feet of enclosed floor area, plus one parking space for each 500 square feet of office space.

c.

Auto and junkyards: one per 1,700 square feet of land and building area.

d.

Mini warehouses: one per ten storage areas.

e.

Other industrial uses and industrial parks: as determined by the planning and zoning commission.

(18)

Minor utility facilities: none.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010; Ord. No. 667, 3-20-2025; Ord. No. 680, 5-15-2025)

The following minimum loading and unloading requirements shall be complied with in all districts:

(1)

Loading areas shall be paved in conformance with paving requirements specified in off-street parking standards.

(2)

All permitted or permissible uses requiring loading space for normal operations shall provide adequate loading space so that no vehicle being loaded or unloaded in connection with normal operation shall stand in or project into any public street, walk, alleyway, required front yard, or common ingress-egress easement.

(3)

Adequate off-street loading facilities shall be separated and not considered to be a part of required off-street parking facilities.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010)

(a)

Handicapped parking. The minimum number of designated parking spaces are as follows:

The designated parking spaces shall be located so as to provide the most convenient access to entry ways or to the nearest curb cut.

(b)

Oversize commercial vehicle parking regulations. For purposes of this section, the following terms shall have the following meanings:

Oversize commercial vehicle means:

(1)

Any vehicle designed for the transport of more than 15 passengers, including the driver;

(2)

Semitractor trucks defined as commercial vehicles designed for commercial hauling of trailers on roads and highways. Semitractors may have a maximum length, axle to axle, of 26 feet; a maximum width of eight feet, six inches and a maximum height of 13 feet, six inches;

(3)

Any other commercial motor vehicle bearing commercial license; or

(4)

Any vehicle similar to any of the listed vehicles.

Oversize vehicle. The term "oversize vehicle" does not include farm or agricultural use trailer.

(c)

Semitractor and commercial trailer parking and storage shall be prohibited in all residential and agricultural zones.

(d)

Parking of semitractors, trailers or commercial trailers designed to be towed by semitractors within the city shall be prohibited in all residential and agricultural zones, except in compliance with these regulations and in all commercial and industrial zones except for the following:

(1)

A vehicle that is operated by and carries some external identification of a business located on such property or served by such parking lot. It shall be a defense to prosecution under this section that such vehicle, truck, truck tractor, trailer rig, trailer or bus was involved in a delivery from such vehicle, truck, truck tractor, trailer rig, trailer or bus to a business located upon such property or served by such parking lot.

(2)

Parking shall be permitted in C-1 and C-2 zones only for the following purposes:

a.

For pickup and delivery at loading docks and loading dock approaches.

b.

At commercial driver training schools that are properly licensed and zoned.

c.

At commercial truck stops.

d.

At commercial truck terminals.

(3)

Parking of commercial trucks and semitractors will be permitted in designated parking spaces on property in M-1 and M-2 zones.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010; Ord. No. 467, § 16, 6-6-2019; Ord. No. 481, § 3, 9-19-2019)

The following restrictions with regard to all signs shall be followed in all districts:

(1)

Any sign shall pertain only to a business, industry, or pursuit lawfully conducted on or within the premises on which such sign is erected or maintained.

(2)

No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape; no sign of any kind shall be attached to a standpipe or fire escape.

(3)

No sign shall be erected at the intersection of any street in a manner which obstructs free and clear vision; or any location where by reason of position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which make use of the words "stop," "look," "danger," or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic.

(4)

It is unlawful for any person to display on any sign or other advertising structure any obscene, vulgar, sexually explicit, indecent, or immoral matter.

(5)

Except for electrically activated gas tubing, sign illumination shall be either indirect with the source of light concealed from direct view or shall be through translucent light diffusing materials. There shall be no exposed electrical conduits.

(6)

No sign shall flash, blink, vary in intensity, revolve, or otherwise appear to be in motion.

(7)

No sign shall have movable parts except that those signs or marquees having design and construction features for changing of legend or inscription may be approved.

(8)

No sign shall be erected or maintained on or over public property; except for wall signs projecting over a front property line where the building wall is less than one foot from the property line; providing such sign shall not impede or endanger pedestrian or vehicular traffic.

(9)

No sign shall be placed or constructed unless a building and zoning permit shall have been erected.

(10)

Any sign now or hereafter existing which no longer advertise a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent, or person having the beneficial use of the building, lot or structure upon which such sign may be found.

(11)

Whenever a sign is removed from a building or structure, the building or structure shall be cleaned, painted or otherwise altered and all sign supports, brackets, mounts, utilities or other connecting devices shall be removed so that there is no visible trace of the removed sign or the supports, brackets, mounts, utilities or other connecting devices. Upon failure to comply with the provisions of this section, the city zoning administrator's office is authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the premises.

(12)

Any directional informational sign or historic market shall not exceed four square feet.

(13)

Portable signs are prohibited in public rights-of-way on account of their danger to public safety. Such signs placed in public ways hinder traffic and interfere with driver concentration.

(14)

For building and wall-mounted signs, the sign bracing shall be below parapet walls or screened.

(15)

The area of a canopy sign shall be counted as a part of the total allowable sign area.

(16)

The sign support structure for freestanding signs shall not exceed 50 percent of the allowable sign surface area for one sign.

(17)

All sign bracing for roof signs shall be behind or below the parapet walls or screened and a roof sign shall not extend above the height limit established for the zoning district in which the sign is located.

(18)

Wall-mounted signs shall not project more than one foot from the wall on which it is displayed and shall not exceed 20 percent of the area of the wall on which it is displayed and shall not exceed 80 square feet in sign area, even if the district permits a larger total sign area.

(19)

Clocks and thermometers, when constructed within or as a part of a sign or when displayed as a separate sign, shall, in addition to other provisions, not exceed 40 inches in either vertical or horizontal dimension and shall keep accurate time, and all thermometer signs shall accurately record the temperature. If not, the instruments shall be promptly repaired or removed.

(20)

One sign for temporary advertising during the active stages of construction or development of a building or structure is permitted and such sign shall not exceed 20 square feet.

(21)

Applications for permits for new signs shall contain:

a.

The signature of the applicant.

b.

The name and address of the sign owner and sign erector.

c.

Three-scaled line drawings showing the design and dimensions of the sign and standard sign structure.

d.

Three-scaled lined drawings of the site plan or building facade indicating the proposed location of the sign, and all other existing signs maintained on the premises and regulated by this chapter.

(22)

In RE, R-1, R-2, and UM districts, no sign intended to be read from off the premises shall be permitted, except there may be:

a.

Not more than two identification signs, with combined surface area not exceeding 32 square feet.

b.

No such sign shall exceed 12 feet in height.

(23)

In C-1, C-2, and SU-1 districts, no sign intended to be read from off the premises shall be permitted, except there may be:

a.

For one business establishment on the premises, not more than three signs, any one of which shall not exceed 80 square feet and all three of which shall not exceed 150 square feet.

b.

For two business establishments on the premises, not more than four signs total, any one of which shall not exceed 80 square feet in area and all of which for any one business establishment shall not exceed 80 square feet.

c.

For three or more business establishments on the premises, one sign with one square foot of surface area for each one lineal foot of lot frontage on a public street, for the purpose of general identification of the entire premises, in any event may not exceed 150 square feet. In addition, one sign with one square foot of surface area for each one lineal foot of building frontage not to exceed 80 square feet per business establishment.

d.

No permitted sign shall exceed 25 feet in height.

(24)

In mixed use districts (IC-MUD, GMU), no sign intended to be read from off the premises shall be permitted, except there may be:

a.

One monument sign per lot and per dedicated street frontage.

b.

Size: 80 square feet maximum (support structure is not part of sign square feet).

c.

Height: 15 feet maximum to include the support structure.

d.

Locations: Not closer than five feet from property line or within sight triangle.

e.

Wall signs: One wall sign per dedicated street per occupant with a 50 square feet maximum and may not project more than 18 inches beyond the face of building or project beyond comer of building.

f.

Wall signs shall not interfere with building fenestration or architectural integrity of building.

g.

Illumination: No blinking or flashing lights are permitted for any sign. Neither direct nor reflected light from any light source shall create a traffic hazard or distraction to motorists.

h.

Poles signs shall not be permitted.

(25)

Any sign or advertisement structure lawfully existing on the effective date of the ordinance from which this chapter is derived but which does not conform to this chapter may be required to be removed by the city. The city council may, after notice to the owner or occupant of the premises on which the sign is located, declare that such sign or advertising structure be removed in the public interest. The city clerk shall then contact two sign companies in the area for a written appraisal of the value of the sign or advertising structure and payment by the higher appraised value to the owner thereof or to the occupant of the premises on which the sign or advertising structure is located.

(Ord. No. 76, § 9, 5-1-1989; Ord. of 1-19-1995, § II; Ord. of 11-7-2002, § 9; Ord. of 10-5-2010; Ord. No. 412, § 4, 7-6-2017; Ord. No. 458, § 5, 3-21-2019; Ord. No. 557, 11-17-2022)

(a)

In order to minimize the adverse effects that the operation of an adult business may have on the neighborhood or area in which it is located, the following regulations are established. Adult businesses may be permitted only in the C-2 (General Commercial) Zone, subject to the conditions listed herein:

(1)

No such business shall be located within 1,500 feet of the nearest point of a lot on which is located a religious and educational institution, a public park or recreation facility.

(2)

No such business shall be located within 1,500 feet of any lot on which another adult business is located.

(3)

No such business shall be located within 1,500 feet of any lot within any residential zone.

(4)

No such business shall operate between the hours of 2:00 a.m. and 9:00 a.m.

(b)

Activities. For the purpose of this chapter, the following nonexclusive list of activities shall be deemed adult businesses:

(1)

Adult arcade.

(2)

Adult bookstore.

(3)

Adult cabaret.

(4)

Adult drive-in theater.

(5)

Adult mini-motion picture theater.

(6)

Adult model studio.

(7)

Adult motel.

(8)

Adult motion picture theater.

(9)

Adult theater.

(10)

Body painting studio.

(11)

Massage parlor.

(12)

Any other business which involves specified sexual activities or display of specified anatomical areas.

(Ord. No. 76, § 10, 5-1-1989; Ord. of 11-7-2002, § 10)

(a)

Requirements. The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only where the use is authorized by and complies with all applicable provisions of this chapter and the state Alcoholic Beverage Code, as same may be amended or replaced.

(1)

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only where licensed in accordance with the state Alcoholic Beverage Code and the provisions hereof.

(2)

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only in approved locations within the interior of buildings or structures that have a valid certificate of occupancy allowing such use.

(3)

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted in any commercial or manufacturing district provided it is not otherwise prohibited by any other law or ordinance.

(4)

The sale, storage or handling of alcoholic beverages for the purpose of sale within a residential district is prohibited.

(5)

Subject to the provisions of the state Alcoholic Beverage Code § 11.38, there shall be levied and collected by the city from every licensee or permittee issued any license or permit by the state or its authorized agents, and from which licensee or permittee the city is given the power by the state Alcoholic Beverage Code to levy and collect a fee, an annual fee for a city license or permit equal to one-half of the annual fee levied and collected by the state from such licensee or permittee. The city license or permit shall correspond to the same class of license or permit issued such licensee or permittee by the state and shall be paid in the same manner and for the same period of time as the state license or permit issued such licensee or permittee so that same will correspond to the period covered by the state license or permit, and will terminate at the same time as the state license or permit.

(b)

Restrictions.

(1)

The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within 300 feet of a church, public or private school, or public hospital, and the permit or license holder does not hold a food and beverage certificate issued by the Texas Alcoholic Beverage Commission unless expressly granted an exception pursuant to the requirements of this section.

(2)

A 1,000-foot separation may be required from a public school if city council receives a request from the board of trustees of the school district under V.T.C.A., Education Code § 38.007. A 1,000-foot separation may also be required from a private school if city council receives a request from the governing body of the private school.

(3)

The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within 300 feet of a day-care center or a child-care facility as defined in the V.T.C.A., Human Resources Code § 42.002 and the permit or license holder does not hold a food and beverage certificate issued by the Texas Alcoholic Beverage Commission

(4)

The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, or public hospital shall be as follows:

a.

The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections; and

b.

The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections.

(5)

The city council may grant an exception from prohibition of the sale of alcoholic beverages within 300 feet of a church, public hospital and public or private school after notice and public hearing if the city council determines that the enforcement of the prohibition in a particular instance:

a.

Is not in the best interest of the public;

b.

Constitutes waste or inefficient use of land or other resources;

c.

Creates an undue hardship on an applicant;

d.

Does not serve its intended purpose;

e.

Is not effective or necessary; or

f.

For any other reason the city council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the city.

(c)

Violations and penalties. Any person, firm, corporation or agent who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of a misdemeanor and punished by a fine not to exceed $2,000.00. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued.

(Ord. No. 76, § 11, 5-1-1989; Ord. of 11-7-2002, § 11; Ord. No. 437, § 3, 3-15-2018; Ord. No. 682, 6-5-2025)

(a)

Residential fence and wall requirements.

(1)

Height.

a.

Front yard. Maximum of six feet in height above ground surface level shall be permitted; a three-foot solid wall, masonry, rock or wood; three-foot section of chainlink, wrought iron or other approved fence material or a maximum of six feet in height of chainlink, wrought iron or approve fencing material.

b.

Rear yard. An eight-foot maximum height above ground surface level shall be permitted on any part of the lot that is to the rear of the required front yards.

c.

Corner lots. There shall be no fence, wall, or obstruction more than three feet above street curb level within the clear sight triangle, measured 30 feet in both directions on the property line from the corner, or in the clear sight triangle for entry and exit of off-street, multi-parking area.

d.

Retaining walls. A wall retaining four or more feet of soil must be designed and stamped (signed) by a professional engineer, registered in the state.

e.

No fence shall be constructed with materials not listed or approved.

f.

Access shall be provide for areas having community irrigation. No fence shall be constructed on or in the irrigation easements.

(2)

Exclusion from public right-of-way. No wall or fence shall be permitted in a public right-of-way. A fence or wall constructed on a right-of-way shall be removed at the property owner's expense.

(3)

Wall and fence for swimming pools. All swimming pools or yards in which swimming pools are located shall be completely enclosed by a wall or fence at least five feet in height.

(4)

Barbed wire fences. Barbed wire is not permitted except when located at least six feet above the highest adjacent ground surface.

(5)

Graffiti removal. All fences shall be maintained by the property owner free of graffiti.

(6)

Exceptions.

a.

Tennis courts may have walls or fences a maximum of 16 feet in height, provided they shall be located in the side or rear yard.

b.

Fences may be eight feet in height in the rear yard of double-frontage lots, provided all such adjacent yards between the two intersection streets are also rear yards.

c.

Fences eight feet or less in height as measured from the highest directly adjacent ground surface may be permitted on any part of a lot that is as far back from streets and lot lines as minimum required setbacks.

(b)

Commercial, office, and manufacturing fence requirements. All zones other than residential. No fence shall be used as a building wall.

(1)

Height.

a.

Front yard. Maximum of six feet in height above ground surface level shall be permitted; a three-foot solid wall, masonry, rock or wood; three-foot section of chainlink, wrought iron or other approved fence material or a maximum of six feet in height of chainlink, wrought iron or approve fencing material. Exception: required screening on junkyards (existing or new). An eight foot fence facing on junkyards shall have a screening fence (masonry, rock, brick, cinder block or concrete or chainlink with slats. Option: six foot masonry with two feet approved fencing on top for an eight foot total fence height.

b.

Rear yard. An eight-foot maximum height above ground surface level shall be permitted on any part of the lot that is to the rear of the required front yards. Exception: required screening on junkyards (existing or new). An eight foot fence facing on junkyards shall have a screening fence (masonry, rock, brick, cinder block or concrete or chainlink with slats). Option: six-foot masonry with two feet approved fencing on top for an eight-foot total fence height.

c.

Corner lots. In all zones (including junkyards), there shall be no fence, wall or obstruction more than three feet of total height above street curb level within the clear sight triangle measured 30 feet both directions on the property line from the corner or in the clear sight triangle for entry and exist of off-street multi-parking area.

d.

Retaining walls. A wall retaining four or more feet of soil must be designed and stamped (signed) by a professional engineer, registered in the state.

e.

No fence shall be constructed with materials not listed or approved.

f.

Access shall be provided for areas having community irrigation. No fence shall be constructed on or in the irrigation easements.

(2)

Exclusion from public right-of-way. No wall or fence shall be permitted in a public right-of-way.

(3)

Fences from swimming pools. All swimming pools or yards in which swimming pools are located shall be completely enclosed by a wall or fence at least five feet in height.

(4)

Barbed wire fences. Barbed wire is not permitted, except when located above a wall or fence that is at least six feet in height.

(5)

Exceptions. Fences may be eight feet in height in the rear yard of a double-frontage lot, provided all such adjacent yards between the two intersecting streets are also rear yards.

(6)

Solid fence. Any solid fence (masonry, rock, brick, cinder block, concrete etc.) that is over eight feet in height shall have engineered footings and supports.

(c)

Screening requirements between zoning districts.

(1)

An approved fence as outlined in subsection (a) of this section shall be permitted between residential and residential by either property owner.

(2)

A six-foot-high masonry fence shall be erected:

a.

Between all residential and urban mobile districts by the owner of the urban mobile home district.

b.

Between all residential and commercial districts by the owner of the commercial district.

c.

Between all commercial and commercial districts by the owner of the commercial district who builds first.

(3)

An eight-foot-high masonry fence shall be erected (note: exception in subsection (b) of this section):

a.

Between all residential and manufacturing districts by the owner of the manufacturing district property.

b.

Between all commercial and manufacturing districts by the owner of the manufacturing district property.

c.

Between all agricultural and manufacturing districts by the owner of the manufacturing district.

Provided, however, that this requirement may be lifted by the building official when topographic condition negate the visual screen effect of the fence, or the where the property is adjacent to common recreational area, such as golf courses, parks or other areas designated as open area under the provisions of this chapter. No masonry fence shall be required where a street is the boundary line between the districts except that this does not apply to manufacturing district for used for outside storage.

(4)

A six-foot-high chainlink fence or six-foot-high masonry fence shall be erected along any property line adjacent to drainage or irrigation canals when building are erected on such properties or before the property is used for other than agricultural uses.

(5)

When commercial, manufacturing, or mixed-use districts are adjacent to residential districts and the street is the boundary line between these districts and the residential structures front the rear of the commercial lot, the commercial district shall erect a six-foot-high wall on the property line. Maximum of six feet in height above ground surface level shall be permitted; a three-foot solid wall, masonry, rock with combined wrought iron, metal, or approved fence material is allowed.

In no instance shall less than three-foot solid masonry material at the foundation level of the wall be allowed. Exception: screening is not required if the commercial, manufacturing, or mixed-use business existed prior to the establishment of the residential district or use.

(Ord. No. 76, § 12, 5-1-1989; Ord. of 2-16-1995, § II; Ord. of 11-7-2002, § 12; Ord. No. 467, § 19, 6-6-2019; Ord. No. 538, 5-5-2022)

A home occupation is permitted in a residential district subject to the following:

(1)

No more than three persons shall be engaged in such home occupation on the site.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, and there shall be no open storage of business related equipment or supplies.

(4)

Flammable products are prohibited.

(5)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(6)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable in adjacent areas, and no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

(7)

Signs shall not be permitted to advertise the business or its products, except a name plate no longer than 12 inches high by 24 inches wide, non-illuminated, mounted flush against the home.

(8)

Storage in connection with any home occupation shall be totally enclosed within the home and limited to items, which have been ordered by a customer, but have not been delivered to the customer.

(9)

All home occupations shall be required to obtain an annual occupation license from the planning department.

(Ord. No. 76, § 13, 5-1-1989; Ord. of 2-1-1993, § II; Ord. of 11-7-2002, § 13)

The following regulations are established for the keeping of large animals in all zoning districts, except within all commercial zones within the city:

(1)

Area. All lots shall have a minimum of half an acre for the keeping of large animals.

(2)

Density per acre limitation for livestock.

a.

One-half acre or more. Horses, mules, donkeys, buffalo, alpaca, bovine and beefalo: Minimum square footage of open lot area (not including dwelling unit) shall be 9,000 square feet for the first animal and 6,000 square feet thereafter for each additional animal; provided the total number of such animals shall not exceed four animals per acre, two animals per one-half acre.

b.

Swine shall not exceed two animals per acre, one animal per one-half acre.

c.

Not applicable for animals below 12 months of age, which are the offspring of an animal maintained on the property.

d.

For all animals not mentioned herein, the density per acre limitation shall be determined by the planning department after consultation with relevant agencies.

(3)

Development standards. The keeping of large animals shall be subject to the following development standards:

a.

Corral size. Every corral to be provided shall have a minimum width or length of ten feet and shall contain not less than 100 square feet of area.

b.

Box stall. Every box stall to be provided shall have a minimum of ten feet of length and width, and shall contain not less than 100 square feet of area. Box stalls shall be covered by a permanent weatherproof roof.

c.

Fence enclosure. If requested by an adjacent neighbor or ordered [by] the building official, any section of the fence within 12 feet of a neighboring property line shall be covered so that the animal pen or corral area is totally screened from view of the adjoining property by a fence and fence covering not less than five feet high.

d.

Fencing. Fencing to be provided shall be subject to the following:

1.

Materials and construction. Fencing may be constructed of wood, chainlink, masonry, metal, and materials with the structural strength required by the approved building code.

2.

Fence post. Fence posts may be constructed of wood, metal, concrete, or materials with the structural strength required by the approved building code.

3.

Fence height. Fences to be provided for enclosure shall be maintained not less than 4.5 feet in height, except that horse, donkey and mule stud stalls shall be not less than five feet in height.

e.

Shade. All corrals shall contain a roofed area having minimum dimensions of not less than six feet in width and ten feet in length.

f.

Maintenance. All stalls and corrals shall be continuously maintained with preservatives, fasteners, and other materials so as to maintain appearance and prevent deterioration and animal escapement.

g.

Locks and containment devices. Substantial and acceptable locking or latching devices shall be provided and installed on all gates and doors to animal areas located thereon in such a manner so as to be inaccessible to animals and small children for the prevention of animal escape and unauthorized entry.

h.

Feeding facilities. Feeding facilities and boxes shall be provided in each corral and box stall located in such a manner so as to be maintained above ground, and such facilities shall be maintained accessible thereto by animals to be served thereby.

i.

Dust control. All areas used as arenas for exercising, training or exhibition of animals shall be maintained in a dust-free manner at all times by dampening with an approved system or other acceptable means for the prevention of detrimental and nuisance affect of dust emission to surrounding properties.

j.

Cleaning and compliance with health regulations required.

1.

The keeping and maintenance of large animals as provided for in this section shall comply with all regulations and provisions of the health and sanitation laws of the city, county and the state. All premises and facilities where animals are permitted to be kept shall be maintained in a clean, orderly, and sanitary condition at all times. All manure must be removed or spread so as not to constitute a nuisance at least once each week.

2.

The premises and facilities shall be treated regularly with environmental approved pesticides or other products for the control of odors, insects, and rodents. Failure to clean the area and control insects, odors and rodents can be considered a clear and present nuisance or detriment to the health, safety, comfort and welfare of the general public and may be cited and punished as a violation of this chapter, with each the violation constituting a separate offense.

k.

Distance requirement. All livestock shall be kept in a secure pen or enclosure, which shall not be less than 60 feet from any private residence (except that of the owner or person keeping such animals) or any hotel, apartment house, tenement house, hospital, church or school.

(4)

Maximum number of horses and cattle.

a.

Except in A-1 and RE zone districts, no person shall keep an equine or bovine on any premises, the overall area of which is less than provided herein for each equine or bovine kept, nor keep more equines or bovines than is permitted herein, shall not create a public nuisance and shall not exceed the permitted number of adult equine or bovine, and their foals or calves up to six months of age.

b.

Under no circumstance shall the number of equine or bovine permitted exceed animals per acre and area permitted herein. The persons in lawful possession of the premises, as owner or tenant, may keep thereon equine or bovine belonging to others, but limited to number of equine or bovine on the premises and the area and distance requirements of this chapter.

(Ord. No. 76, § 14, 5-1-1989; Ord. of 11-7-2002, § 14; Ord. of 9-2-2010, § 2; Ord. No. 467, § 20, 6-6-2019)

The keeping of dogs, cats and other small pets that live inside the main dwelling unit shall be in strict conformance with the El Paso City/County health department regulations. The following are supplemental regulations and are established for the keeping of small animals that live outside the main dwelling:

(1)

The following minimum square footage and maximum number of small animals are allowable: Minimum square footage of open lot area (not including main dwelling unit) shall be 2,000 square feet for each species of animal; provided the total number of animals of each species does not exceed 50. The planning and zoning supervisor shall have the authority to grant exceptions to the given density above.

(2)

No such animal shall be kept closer than 35 feet to an adjoining dwelling.

(3)

Keeping of such animals shall not be permitted in the required front, side, and street side yard setbacks.

(4)

All small animals shall be provided with adequate enclosures, to contain them within the boundaries of the owner's property.

(5)

No animal dwelling shall be kept closer than 100 feet to a water well.

(6)

All premises and facilities upon which animals, poultry, or fowl are permitted to be kept shall be maintained in a clean, orderly, and sanitary condition at all times. All manure shall be removed or spread, as not to constitute a nuisance, at least once each week and all premises and facilities shall be treated weekly with biologically, ecologically, and environmentally approved pesticides for the control of odors, insects, and rodents, which in any way can be considered a clear and present nuisance or detriment to the health, safety, comfort, welfare, peace and tranquility of the general public.

(7)

All areas, such as pen, coop, stable, stall, barn corral, grazing, work-out or training areas, or other building structures and areas where animals are kept and maintained, shall be graded to drain away from such facilities so as to prevent ponding and insect harborage.

(8)

Compliance with health regulations required. The keeping and maintenance of small animals, as provided for in this section, shall comply with all regulations and provisions of the health and sanitation laws of the city.

(Ord. No. 76, § 15, 5-1-1989; Ord. of 11-7-2002, § 15; Ord. No. 467, § 17, 6-6-2019)

(a)

The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and general welfare of the people. The purposes of this section are:

(1)

To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's, state's or nation's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places.

(2)

To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations.

(3)

To stabilize and improve property values in such locations.

(4)

To foster civic pride in the beauty and accomplishments of the past.

(5)

To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry.

(6)

To strengthen the economy of the city.

(7)

To promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors to the city.

(b)

The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall appear before the zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designates as historic landmarks. Such designation shall be in addition to any other designation established under this chapter. The zoning of the property shall reflect the designation of a historic landmark by the letter "H" as a suffix to any other use designation established in this section.

(c)

The planning department and the planning and zoning commission shall consult the expert advice of one or all of the following agencies prior to granting any building permits for construction:

(1)

City landmark commission.

(2)

State historical preservation society.

(3)

Mission trails committee.

(d)

The designation of the "H"-overlay will be based heavily on the opinions of the references in subsection (c) of this section. The character and theme of the new construction will also be constant with the goals and objectives of the references in subsection (c) of this section.

(e)

All building permits will be issued for construction only upon the property owner's consent to abide by all recommendations and conditions established by the above references, the city planning and zoning commission and the city council.

(Ord. No. 76, § 16, 5-1-1989; Ord. of 11-7-2002, § 16)

(a)

Generally. Unless otherwise stated, no land, building or structure in any district must be used or occupied to create any dangerous condition or dangerous element that might adversely affect the surrounding area. Permitted uses as set forth in this chapter must be undertaken and maintained only if they conform to the regulations of the section. Examples of dangerous conditions:

(1)

Injurious conditions.

(2)

Noxious use.

(3)

Fire/explosion.

(4)

Noise/vibration.

(5)

Smoke/dust or other form of air pollution.

(6)

Heat/cold/dampness.

(7)

Electrical or other substance.

(b)

Performance standard regulations. The following development standards apply within the various zoning districts as indicated:

(1)

Exterior noise. For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

a.

For noise emanating from a property located within any residential zoning district, the maximum allowable noise levels will be as follows:

b.

For noise emanating from a property located within any commercial zoning district, the maximum allowable noise levels shall be as follows:

c.

For noise emanating from a property located within the M-1 light industrial zoning district, the maximum allowable noise levels shall be 70 dB(A).

d.

For noise emanating from a property located within the M-2 heavy industrial zoning district, the maximum allowable noise levels shall not exceed 75 dB(A).

(2)

Exceeding noise levels. Noise emanating from a property within any zoning district may exceed:

a.

The allowable noise level plus up to five dB(A) for a cumulative period of no more than 30 minutes in any hour;

b.

The allowable noise level plus six to ten dB(A) for a cumulative period of 15 minutes in any hour;

c.

The allowable noise level plus 11 to 15 dB(A) for a cumulative period of five minutes in any hour; or

d.

The allowable noise level plus 16 or more dB(A) for a cumulative period of one minute in any hour.

In the event that existing ambient noise levels exceed the allowable noise levels in subsection (b)(2) of this section, the maximum allowable noise levels for the property in question can be increased to allow the uses for which the property is zoned.

(3)

Exempted noise sources. For the purpose of determining compliance with the noise standards in this section, the following noise sources will not be included:

a.

Noises not directly under control of the property owner, lessor, or operator of the premises.

b.

Noises emanating from construction, grading, repair, remodeling, or any maintenance actives between the hours of 8:00 a.m. and 8:00 p.m.

c.

Noises of safety signal, warning devices, and emergency pressure relief valves.

d.

Transient noise of mobile sources, including automobiles, trucks airplanes and railroads.

e.

Occasional outdoor gatherings, pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of the events.

(4)

Measurements. For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

(5)

Vibrations. No vibration from any use within any zoning district must be permitted which is perceptible without instruments at the property line of any residentially zoned or used property.

(6)

Lighting and glare.

a.

It will be unlawful for anyone to control any lighting including, but not limited to, spotlights, floodlights, or similar illuminating devices not on the owner's property. Those which project a glare or brightness in excess of the standards described in this subsection, directly or indirectly, upon a lot, tract, or parcel of land other than upon which such lighting is situated must also be disallowed if they annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of other, within the limits of the city.

b.

All lighting in the city consisting of spotlights, floodlights or similar illuminating devices must be installed, hooded, regulated and maintained by the owner or person in control thereof in such a manner that the direct beam of any light does not glare upon any lot, tract, parcel of land other than that upon which it is situated, and so that it will not create any illumination from direct or indirect lighting in, on or over the ground beyond the boundary of the lot, parcel, or tract above the following levels: one footcandle where the adjacent development is zoned for nonresidential uses, one-quarter footcandle where the adjacent development is zoned for residential uses.

(7)

Shielding required.

a.

All exterior light sources visible to pedestrian or vehicular off-premises traffic are required to be shielded, except as provided in subsection (b)(7)b of this section, so that the light source is not visible to the pedestrian or vehicular traffic. Lights elevated on standards, for example in parking areas, shall be side shielded on off-premises pedestrian or vehicular travel sides. Lighting mounted on low standards (such as bollard lights) is the preferred method for illuminating smaller parking areas and walkways.

b.

Exceptions.

1.

Unshielded lighting facing off-premises pedestrian or vehicular sides of the property will be permitted provided the light source is not in excess of 1,700 lumens.

2.

Historical style or architectural lighting visible or pedestrian or vehicular off-premises traffic must be permitted provided that the fixture does not cause or permit any illumination in, on or over the ground at or beyond the boundary of the lot, parcel, or tract above the following levels: one footcandle where the adjacent development is zoned for nonresidential uses, one-quarter footcandle where the adjacent development is zoned for residential uses.

(8)

Particulate air contaminants. No emissions, dust, fumes, vapors, gases or other forms of air pollution shall be permitted in violation of the rules and regulations of the state air control board, the environmental protection agency or any other laws pertaining to environmental protection.

(c)

Compliance required. This article will apply to all new facilities upon adoption and publication as required by law. All existing facilities with lighting in place on the date of adoption shall comply with the requirements herein 24 months after the effective date of the ordinance from which this division is derived by installing shielding, redirecting lights, or other steps necessary for compliance. The commission may grant a one time extension of up to an additional 24 months if the property owner or one time extension of up to an additional 24 months if the property owner or agent can demonstrate hardship, including undue expense related to the time required for the facilities replacement. Further, existing publicly owned facilities would be required to comply with the requirements herein before the 24-month limit is reached if the facilities undergo renovation to the exterior or the overall renovation exceeds 50 percent of the costs of construction of the existing facilities.

(d)

Exceptions from performance standards. The owner or operator of any building, structure, operation or use which violates any performance standard may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with the provisions and the reasons why immediate compliance cannot be achieved. The planning and zoning commission within the city may grant a variance with respect to time of compliance, subject to terms, conditions, and requirements, as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section.

(Ord. No. 76, § 18, 5-1-1989; Ord. of 10-19-1992; Ord. of 11-7-2002, § 18; Ord. No. 522, § 2, 10-28-2021)