Springtown, TX Zoning Ordinance

X	Designates use permitted in district indicated
	Designates use prohibited in district indicated
S	Designates use that may be approved as Special Use Permit

(Ordinance 614 adopted 5/24/07)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Accessory Building to Main Use* No Shipping or intermodal container shall be allowed	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Boat; Boat Trailer	X	X	X	X	X	X	X	X	X	X	X	X	X
Billboard, Advertising													S
Carport	X	X	X	X	X	X	X	X	X	X	X	X	X
Construction Yard, Temporary*	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Home Occupation	X	X	X	X	X	X	X	X	X
Field/Sales Office*	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Garage, Private	X	X	X	X	X	X	X	X	X
Motor Home	X	X	X	X	X	X	X	X	X
Trailer; Cattle Trailer/ Travel Trailer/ Etc.	X	X	X	X	X	X	X	X	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Bed and Breakfast				S				S		X	X			X
Boarding /Rooming House								S		X	X			X
Dormitory								S		X	X			X
Duplex							X	S		X	X
Garden (Patio) Home*								S		X	X
Guest Home								S		X	X
Manufactured Home HUD-Code*									X
Manufactured Home Park*									X
Manufactured Home Subdivision									X
Mobile Home*									S
Motel/ Motor Hotel/ Motor Lodge										S	S	X	X	X
Move-In Houses		S	S	S
Multifamily Residence*								X						S
Residence Hotel								X		S	S
Retirement Home								X						X
Servant’s/ Caretaker/ Guard’s Residence		S												X
Single-Family Dwelling Attached	X	X	X	X		X	X	X
Single-Family Dwelling Detached	X	X	X	X		X	X	X
Townhouse/ Row Dwelling						X	X	X
Travel Trailer Park											X
Two-Family Dwelling							X	X
Zero Lot Line Dwelling							X	X	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Cemetery/ Mausoleum	S	S	S	S	S	S	S	S	S	S	S	S	S
Child-Care Center*										X	X
Church, Parsonage, Place of Worship	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Civic Center	X	X	X	X	X	X	X	X	X	X	X	X	X	X
College/ University	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Community Center (Private)	S	S	S	S	S	S	S	S	S	S	S	S		S
Community Center (Public)		X	X	X	X	X	X	X	X	X	X	X	X	X
Continuing Care Facility										S	X
Country Club, Private	X	S	S	S	S	S	S	S	S			X	X
Exhibition Area	X									S	S	S	S
Fairgrounds	X										S	S	S
Family Home	S	S	S	S	S	S	S	S
Farm/Ranch/ Orchard	X	S										S	S
Feedlot/ Livestock	S
Fraternal Organization	X									X	X	X	X	X
Golf Course/ Driving Range	X										S	X	X
Greenhouse/ Plant Nursery, Commercial	X									S	S	X	X
Greenhouse/ Plant Nursery, Private	X	X	X	X	X	X	X		X
Health Club/ Gymnasium										X	X	X
Hospital, Chronic/ Acute, Long-term Care										X	X	X	S	X
Household Care Facility								X	S	X	X
Kennel	S										S	X	X
Library		S	S	S	S	S	S	S	S	X	X	X
Museum/ Art Gallery	X	S	S	S	S	S	S	S		X	X	X		X
Nursery School/ Kindergarten		S	S	S	S	S	S	S	S	S	X
Park/Playground/Recreation Center, Private		S	S	S	S	S	S	S	S	S
Park/ Playground/ Recreation Center, Public	X	X	X	X	X	X	X	X	X	X	X			X
Personal Care Home, Custodial Care		S	S	S	S	S	S	S	S
Prison/ Jail/ Place of Incarceration	S										S	S	S
Race Track	S
Registered Family Home		S	S	S	S	S	S	S	S	S	S
Rehabilitation Care, Facility											S	S	S
Rehabilitation Care, Institution	S										S	S	S
Rest Home/ Nursing Home										S	X	X	X
Rodeo Arena and Grounds	S										S	S	X
School; Primary/ Secondary	X	X	X	X	X	X	X	X	X	X	X	X	X	X
School, Trade/ Commercial	S									S	S	X	X
Shooting Range/ Target Range, Indoor										S	S	S	S
Shooting Range/ Target Range, Outdoor	S
Stable, Commercial	X												S
Stadium/ Play Field, Public	S	S	S	S	S	S	S	S	S	X	X
Swimming Pool, Private	X	X	X	X	X	X	X	X	X	S	S	S	S	X
Swimming Pool, Commercial/ Public	S	S	S	S	S	S	S	S	S	S	S	S	S	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10; Ordinance 903, sec. 1, adopted 4/27/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Airport/ Landing Field	S	S										S	S
Electric Power Generating Plant	S											X	X
Electrical Substation	X	S	S	S	S	S	S	S	S	S	S	X	X	X
Franchised Utility (Public or Private)	X	X	X	X	X	X	X	X	X	X	X	X	X
Gas Metering Station	X	S	S	S	S	S	S	S	S	S	S	S	X	X
Heliport or Helistop	S	S								S	X	X	X
Landfill												S	S
Liquefied Petroleum Gas, Storage/ Sales (No Bulk Plants)											S	X	X
Radio/ Television/ Telephone/ Microwave Tower: Amateur*	S	S	S	S	S	S	S	S	S	S	S	S	S
Radio/ Television/ Telephone/ Microwave Tower: Commercial*	S										S	S	S
Railroad Station	X										X	X	X
Railroad Track & Right-of-Way	X										X	X	X
Service Yard of Government Agency	S									X	X	X	X
Sewage Pumping Station	X	X	X	X	X	X	X	X	X	X	X	X	X
Sewage Treatment Plant	S										X	X	X
Shops/ Office/ Storage Area of Public/ Private Utility	S										S	X	X
Solid Waste Transfer	S											X	X
Telephone Exchange Station										S	S	X	X
Transit Station/ Turnaround	X	X	X	X	X	X	X	X	X	X	X	X	X
Water Pumping Station/ Well	X	X	X	X	X	X	X	X	X	X	X	X	X
Water Storage	X	X	X	X	X	X	X	X	X	X	X	X	X
Water Treatment Plant	S										X	X	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 903, sec. 1, adopted 4/27/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Auto Laundry										S	X	S	X
Auto Leasing										S	S	S	X
Auto Paint & Body Shop											S	S	X
Auto Parts Sales, Inside										X	X	X	X	X
Auto Parts Sales, Outside												S	S	X
Auto Repair, Major											S	X	X	X
Auto Repair, Minor											X	X	X
Auto Sales											S	S	X
Auto Service										S	X	X	X
Auto Wrecking Yard/ Salvage Yard													S
Bus Terminal											X	S	X
Car Wash										S	X	X	X	X
Farm Equipment Sales	S										S	S	X
Farm Equipment Repair & Service	S										S	S	X
Machinery Sales & Service, Heavy											S	X	X
Motorcycle Sales & Service										S	S	X	X
Parking Lot/ Parking Garage, Light										X	X	X	X
Parking Lot/ Parking Garage, Heavy												X	X
Quick Oil Change Facility										S	X	X	X
Tire Dealer, Inside Storage											S	X	X
Tire Dealer, Outside Storage												S	X
Tire Retreading/ Recapping												X	X
Trailer Sales											S	S	X
Truck and Bus Leasing											S	S	X
Truck and Bus Repair												S	X
Truck/ Motor Freight Terminal											S	S	X
Truck Sales, New											X	S	X
Truck Sales, Used											S	S	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 903, sec. 1, adopted 4/27/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Air Conditioning & Refrigeration Contractor											S	X	X
Amusement, Commercial (Indoor)										S	S	X	X
Any establishment which derives more than 75 percent of its revenue from the sale of alcoholic beverages and conforms to Chapter 4 of the City Code of Ordinances											S	S	S
Amusement, Commercial (Outdoor)	S										S	S	X
Antique Shop										X	X	X		X
Arcade										S	S	S	S
Arts & Crafts Store										X	X	X	X
Auction (Not to Include Auto/ Truck/ Trailer)										S	S	S	S
Bakery & Confectionery, Retail Sales										X	X	X	X
Bakery & Confectionery, Commercial												X	X
Bank/ Savings & Loan/ Credit Union										X	X	X	X
Barber Shop										X	X	X	X
Barber School/ College										X	X	X	X
Beauty Culture School/ Cosmetology Specialty Shop										X	X	X	X
Beauty Shop										X	X	X	X
Boat Sales & Storage											S	S	X
Building Materials, Inside Sales										X	X	X	X
Building Materials, Outside Sales										S	X	S	X
Business Service										X	X	X	X
Cabinet & Upholstery											S	X	X
Cleaning and Dyeing, Small Plant/ Shop										S	X	X	X
Clinic, Medical/ Dental										X	X	X	X
Club, Private										S	S	S	S
Convenience Store										X	X	X	X
Counseling Services										X	X	X	X
Custom Personal Service Shop										X	X	X	X
Discount/ Variety/ Department Store										X	X	X	X
Drapery/ Needlework/ Weaving Shop										X	X	X	X
Dry Cleaning										X	X	X	X
Feed & Farm Supply, Inside Sales/ Storage	S										X	X	X
Feed & Farm Supply, Outside Sales/ Storage	S										S	S	X
Flea Market										S	S	S	S
Florist										X	X	X	X
Food/ Grocery Store										X	X	X	X	X
Furniture/ Appliance Store										X	X	X	X	X
Furniture/ Appliance Service & Repair										S	X	X	X
Garden Center, Retail Sales										S	X	S	X	X
General Merchandise Store										S	X	X	X	X
Gymnastic/ Dance Studio										S	X	X	X
Handcraft Shop										X	X	X	X
Household Appliance Service & Repair										S	X	X	X
Laboratory, Medical/ Dental										X	X	X	X
Laboratory, Scientific or Research											S	X	X	X
Laundry & Cleaning											X	X	X	X
Manufactured Housing/ Mobile [Home] Display & Sales									S		S	S	X
Massage Establishment										X	X
Medical Supplies/ Sales/ Service										X	X	X	X
Metal Dealer, Crafted Precious										X	X	X	X
Metal Dealer, Secondhand													S
Mortuary/ Funeral Home											S	X	X	X
Newspaper Printing											S	X	X
Office Center										S	S	X	X	X
Office; Professional/ General Administrative										X	X	X	X	X
Office; Showroom/ Warehouse										S	S	X	X	X
Pawnshop												S	S
Pet Shop										S	X	X	X
Pharmacy										X	X	X	X
Plumbing/ Heating/ Refrigeration/ Air Conditioning											X	X	X
Plumbing Service											X	X	X
Portable Building Sales												S	X
Post Office; Government/ Private										X	X	X	X
Print Shop										S	S	X	X
Racquetball Facilities										S	S	X	X
Restaurant/ Cafeteria, with Drive-In Service or Drive-Through										X	X			X
Restaurant/ Cafeteria, Dine-In Service Only										X	X	X	X	X
Retail Shops/ Stores										X	X	X	X
Secondhand Store, Furniture/ Clothing										S	S	X	X
Service, Retail										S	S	X	X
Shopping Center										S	X	X	X
Studio, Artist/ Musician/ Photographer										X	X	X	X
Studio, Radio/ Television										S	S	X	X	X
Taxidermist										S	X	X	X
Theater, Indoor										S	S	S	S
Theater, Outdoor	S										S	S	S
Tool Rental Shop										S	S	X	X
Trailer Rental											S	S	X
Veterinarian Clinic, Inside Pens										S	S	X	X	X
Veterinarian Clinic, Outside Pens											S	S	X

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10; Ordinance 903, sec. 1, adopted 4/27/17; Ordinance 908 adopted 5/15/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Acetylene Gas Manufacturing or Storage	S											S	X
Advertising Displays Manufacture												X	X
Apparel & Other Products Assembled From Finished Textiles												X	X
Arsenal													S
Asphalt Manufacture/ Refining													S
Bag Cleaning													S
Boats, Building or Repair												S	X
Boiler Works												X	X
Bookbinding, Excluding Hand Binding												X	X
Bottling Works												X	X
Brick/ Tile/ Pottery/ Terra-Cotta Manufacture, Other than Handcraft												S	X
Brooms/ Brushes, Manufacture												X	X
Building Materials											S	S	X
Cameras/ Photographic Equipment										S	S	X	X
Candle Manufacture												X	X
Carpet Manufacture or Cleaning												X	X
Celluloid Manufacture or Treatment												X	X
Cement/ Lime/ Gypsum/ Plaster of Paris Manufacture													S
Ceramics/ Stone/ Glass Marble/ Porcelain Products Manufacture												X	X
Chemical Manufacture													C [S]
Cleaning & Dyeing; Dry Cleaning Plant												X	X
Concrete Plant												S	S
Contractor’s Shop & Storage Yard (Temporary)	S	S	S	S	S	S	S	S	S	S	S	S	S
Cosmetic Manufacture												X	X
Cotton Gin													X
Cottonseed Oil Manufacture													X
Dairy Processing, Manufacturing Products	S											S	X
Distillation of Bones, Coal or Wood													S
Drugs or Pharmaceutical Products Manufacture												S	X
Electrical Appliances, Supplies, and Machinery, Assemble or Manufacture												X	X
Electronic Products, Assembly or Manufacture												X	X
Emery Cloth/ Sandpaper Manufacture												S	X
Explosives/ Fireworks Manufacture/ Storage													S
Fat Rendering													S
Fertilizer Manufacture													S
Fiberglass Manufacture													S
Food Products Processing											S	S	X
Forge Plant													X
Foundry; Iron/ Steel/ Brass/ Copper													X
Fur Good Manufacture (Not Including Tanning or Dyeing)												X	X
Furniture & Upholstery Manufacture												X	X
Garbage/ Offal or Dead Animal Reduction													S
Gas Manufacture													S
General Commercial Plant												S	S
Glass Products												X	X
Glue or Gelatin Manufacture													S
Grain Elevator	S												S
Hatchery	S												S
Household Appliance Products Assembly & Manufacture From Prefabricated Parts												X	X
Ice Production, Dry or Natural												X	X
Industrial Park												X	X
Junkyard/ Salvage Yard													S
Laundry Plant												X	X
Light Manufacturing												X	X
Livestock Feed Yard	S
Mill; Grain/ Flour/ Food Products	S											S	S
Mines & Quarries													S
Musical Instrument Manufacture												X	X
Oil Field Service												S	X
Oil/ Gas/ Other Mineral Extraction; Injection well
Oilcloth/ Linoleum Manufacture												S	X
Ore Reduction													S
Orthopedic or Medical Appliance Manufacture												X	X
Paint/ Oil/ Shellac/ Turpentine/ Varnish Manufacture												X	X
Paper Products Manufacture													S
Petroleum Products, Sales, Wholesale	S											S	X
Petroleum Products, Bulk Quantities													S
Pipe Sales & Supply												S	X
Plastic Products Manufacture (Not Including Processing or [of] Raw Materials)												S	X
Pump Sales/ Repair & Maintenance												X	X
Scrap Metal Sales & Storage													S
Self-Storage; Mini-Warehouse												X	X
Sporting Athletic Equipment Manufacture												X	X
Steel Fabrication												S	X
Storage/ Wholesale Warehouse, Light												S	X
Storage/ Wholesale Warehouse, Heavy												S	X
Tire Recapping/ Vulcanizing													S
Tools/ Hardware Manufacture												S	X
Toys/ Novelty Projects Manufacture												S	X
Window Shade/ Awnings/ Venetian Blind Manufacture												X	X
Wrecking/ Junk/ Salvage Yard													S
Yeast Manufacture													S

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10; Ordinance 903, sec. 1, adopted 4/27/17)

No portion of a child-care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.

Child-care centers shall be located adjacent to a street having a pavement width of twenty-seven (27) feet or greater.

Site plan approval by the Planning and Zoning Commission shall be required for all child-care center sites, whether or not a Special Use Permit is required.

All child-care centers shall comply with the following standards:

All vehicular entrances and exits shall be clearly visible from the street.

All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.

Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the Planning and Zoning Commission if the child care is provided for less than four (4) hours per day for an individual person.

No child-care center shall be part of a one-family or two-family dwelling.

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 4, adopted 2/25/10)

Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any such permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

No shipping or intermodal container shall ever be allowed to be located in any zoning district and a “POD” or other structure shall be allowed only with a temporary permit which shall not exceed six months and then only for a specific use, such as for remodeling or a move.

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 4, adopted 2/25/10)

Purpose:

The purpose of the this section is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values and the general welfare of the City of Springtown while providing for the communication needs of the residents and businesses in the City. The purpose of this section is to govern the placement of these facilities to:

Ensure that their location and use do not compromise the aesthetic quality of the community;

Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;

Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal;

Encourage co-location on both new and existing antenna facilities;

Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques; and

Enhance the ability of wireless telecommunication providers to provide services to the community effectively and efficiently.

Definitions:

In this section the following definitions apply:

Alternative Tower Structure:

Clock towers, steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. See also the definition of “stealth facility.”

Amateur Radio Antenna:

A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission.

Antenna:

A device used in communications, which transmits or receives radio signals, television signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Antenna, Building Attached:

An antenna attached to an existing structure in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

Antenna Facility:

The antenna, mast, pole, structure, tower, building, equipment and other supporting material used to mount the antenna and equipment, equipment storage buildings and concealing or screening structures needed to operate an antenna.

Co-location:

The act of locating wireless communications equipment for more than one telecommunications carrier on a single Antenna Facility.

Equipment Storage Building:

An unmanned, single-story equipment building or structure used to house telecommunications equipment necessary to operate the telecommunications network.

Monopole Tower:

A self-supporting tower facility composed of a single spire used to support telecommunication antennas. Monopole towers cannot have guy wires or bracing.

Preexisting Towers and Preexisting Antennas:

Any Tower or Antenna for which a building permit or Special Exception has been properly issued prior to the effective date of this Ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Satellite Antenna:

An antenna, greater than one (1) meter in diameter, which enables the transmission of signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna, parabolic antenna, or satellite earth station antenna.

Satellite Receive-Only Antenna:

An antenna, one (1) meter or less in diameter that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna.

Setback:

The minimum amount of space required between a lot line and a building line.

Stealth Facility:

“Stealth” is a generic term describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, Alternative Tower Structures, and camouflaged wireless facilities that are constructed to blend into the surrounding environment.

Telecommunications Tower:

Any structure that is designed and constructed for the purpose of supporting one or more antennae used for the provision of commercial wireless telecommunications services. This definition includes monopole towers, alternative mounting structures or any other vertical support used for wireless telecommunications antennae. This definition does not include commercial radio or television towers; nor does it include such things as Satellite Receive Only Antenna[s] or Amateur Radio Antennas.

Telecommunications Tower Facility:

A facility that contains a telecommunications tower and equipment storage building or structure.

TV Antenna:

An antenna that enables the receipt of television signals transmitted from broadcast stations.

Applicability/General Regulations:

The following regulations apply to all antenna facilities and antennas located within any district:

Applicability: Except as specifically provided, all new wireless antennas and antenna facilities in the City of Springtown shall be subject to the regulations contained in this Ordinance. Preexisting Towers or Antennas lawfully in existence at the time of the enactment of this ordinance shall not be required to meet the requirements of this Ordinance, other than those contained in subsections 9 and 11 [8 and 10] below.

Type of Facility	Building Permit Required	Special Exception Required
Satellite Receive Only < 1 meter	No	No
Satellite Antenna > 1 meter in Commercial Area	Yes	No
Satellite Antenna > 1 meter in Residential Area	Yes	Yes
Amateur Radio Antenna Complying with Height Limits	Yes	No
Amateur Radio Antenna Exceeding Height Limits	Yes	Yes
Television Antennas	No	No
Level 1 Stealth Facility in FC, UR, WC or DR District	Yes	No
Level 2 Stealth Facility in FC, UR or WC District	Yes	No
Level 2 Stealth Facility in DR District	Yes	Yes
Level 3 Stealth Facility in FC, UR or WC District	Yes	No
Level 3 Stealth Facility in DR District	Yes	Yes
Level 4 Stealth Facility in FC or UR District	Yes	No
Level 4 Stealth Facility in WC or DR District	Yes	Yes
Monopole Tower up to 120 Feet in Height in FC, UR or WC District	Yes	Yes
Monopole Towers In DR Districts or Over 120 Feet Tall	Prohibited	Prohibited

Equipment Storage Building:

An Equipment Storage Building associated with an Antenna Facility or an Antenna shall be screened and landscaped as described in other sections of this ordinance, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises. All Equipment Storage Buildings must be constructed of a masonry material. [Equipment Storage Buildings or cabinets must be made of masonry material or enameled metal.] Alternative materials may be permitted upon approval by the City Council and recommended by the Planning and Zoning Commission. The base of all tower facilities must be screened with a masonry wall that will completely screen the Equipment Storage Building.

Driveway Surfaces:

All Telecommunication Tower Facilities must have an access drive that is constructed of asphalt or concrete. One (1) off-street parking space must be provided at each telecommunication tower facility.

Lights:

No outdoor lighting shall be allowed on any Antenna Facility except lights or lighting that is by [sic] required by the Federal Aviation Administration or the Federal Communications Commission.

Antenna Facility Capacity:

All new Antenna Facilities must be structurally designed to allow for at least two (2) sets of antennas.

Tower Types:

Only monopole, alternative mounting structures or stealth towers are permitted in the City.

Prohibited in Easements:

Antenna facilities shall not be placed in easements unless authorized by the easement holder.

Construction Standards:

A building permit must be obtained prior to the construction or installation of any Antenna Facility. An Antenna Facility must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. Additionally, all Antenna Facilities shall comply with applicable state and local building codes.

Building Codes/Safety Standards:

To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must ensure that it is maintained in compliance with all provisions of the City of Springtown’s building code and zoning regulations. If upon inspection, the City concludes that an Antenna Facility fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility at the owner’s expense. This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action.

Contained on Property:

No part of an Antenna Facility, antennas, or other attachment may extend beyond the property lines or required building lines of the lot on which the antenna or Antenna Facility is located.

10.

State or Federal Requirements:

All Antenna Facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the towers and antennas governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.

11.

Variance Requirement:

A variance granted by the Board of Adjustment, pursuant to Section 40 of this Zoning Ordinance, is required for an antenna or Antenna Facility which will not comply with the requirements of this section unless otherwise specified herein.

Amateur Radio Antenna and TV Antennas:

Amateur Radio Antenna and TV Antennas are allowed as accessory uses in the A, SF-E, SF-1, SF-2, SF-3, TH, D, MH, or any residentially zoned Planned Development district. Amateur Radio Antennas and TV Antennas must comply with the following regulations:

Antenna Location:

Amateur Radio Antennas and TV Antennas can only be located on a roof or in the back yard of a residence.

Number of Facilities Per Lot:

No more than one (1) TV Antenna and one (1) Amateur Radio Antenna are permitted on each lot. Amateur Radio Antennas are only permitted for operators that have an amateur radio operator license from the FCC and the operator must provide the City proof of a current FCC license before an Amateur Radio Antenna is installed or maintained on a lot.

Height Limitations:

An Amateur Radio Antenna or TV Antenna cannot extend more than eight (8) feet above the maximum height limitation applicable for the zoning district.

Setbacks:

Amateur Radio Antennas or TV Antennas are not permitted within any required setback area.

Satellite Receive Only Antennas, Less Than One (1) Meter in Diameter:

Satellite dish receiving antennas, two (2) meter[s] or less in diameter shall be permitted as an accessory use in the A, SF-E, SF-1, SF-2, SF-3, TH, D, MH, or any residentially zoned Planned Development district. Satellite Receive Only Antenna[s] must comply with the following regulations:

Antenna Location:

Satellite Receive Only Antenna less than one (1) meter in diameter can only be located on a roof or in the back yard of a residence.

Number of Facilities Per Lot:

No more than one (1) Satellite Receive Only Antenna less than one (1) meter in diameter is permitted on each lot.

Height Limitations:

A Satellite Receive Only Antenna less than one (1) meter in diameter cannot extend more than eight (8) feet above the maximum height limitation applicable for the zoning district.

Setbacks:

Satellite Receive Only Antennas less than one (1) meter in diameter are not permitted within any required setback area.

Satellite Antennas Greater Than One Meter in Diameter:

A Satellite Antenna greater than one (1) meter in diameter is permitted as an accessory use under the following conditions:

Nonresidential Zoning Districts:

Satellite Antennas greater than one (1) meter in diameter is an accessory use permitted by right in nonresidential zoning districts.

Residential Zoning Districts:

Satellite Antennas greater that one (1) meter in diameter are only allowed in residential zoning districts upon the approval of a Special Exception granted by the Zoning Board of Adjustment.

Height:

Satellite Antennas greater than one (1) meter in diameter shall not exceed ten feet in height above the base of their mount.

Location:

Satellite Antennas greater than one (1) meter in diameter cannot be erected in any required setback or in the front of residential structures.

Screening:

Satellite Antennas greater than one (1) meter in diameter that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six (6) feet.

Placement of Antenna Facilities:

This section does not apply to amateur radio, TV, and satellite receive-only antennas. For the purpose of determining the appropriate locations for the placement of antenna facilities, the Town is divided into land use threshold areas that establish different regulations pertaining to height, location, and type of Antenna Facility. These land use thresholds are defined as follows:

Full Commercial (“FC”):

Property within the C-1, C-2, I-1, I-2, or nonresidential Planned Development zoning districts.

Undeveloped Residential (“UR”):

Property within A, SF-E, SF-1, SF-2, SF-3, TH, D, MH, or any residentially zoned Planned Development districts, that:

Is not a part of a recorded subdivision; or

Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and

Not located within the calculated limits of the Developed Residential (“DR”) threshold.

Wireless Corridors (“WC”):

Property within, and 150 feet either side of, the right-of-way of a freeway or a major or minor arterial roadway, as indicated on the City’s Thoroughfare Plan.

Developed Residential (“DR”):

Property within the A, SF-E, SF-1, SF-2, SF-3, TH, D, MH, or any residentially zoned Planned Development districts, which:

Is a recorded subdivision that has had at least one building permit for a residential structure; or

Is within 600 feet of areas described in paragraph 4a.

Antenna Facility Impact Levels:

For the purpose of determining appropriate locations for antenna facilities, the City recognizes differing levels of impact for antenna facilities depending upon physical location, aesthetics, and land use compatibility. These Antenna Facility impact levels are described as follows:

Monopole:

A monopole tower requires a Special Exception. The antenna equipment may not extend more than 5 feet above the highest point on the monopole.

Level 4 Stealth Facility:

The antenna on a Level 4 Stealth facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is neither screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to structurally hold the antenna but the height of the structure cannot be increased.

Level 3 Stealth Facility:

The antenna on a Level 3 Stealth facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings[.]

Level 2 Stealth Facility:

The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development.

Level 1 Stealth Facility:

The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development.

Antenna Facility Siting Matrix:

Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where antenna facilities may be located as permitted uses, areas where they may be located with a Special Exception, and areas where they are prohibited.

Special Exception:

When a Special Exception is required by this section for the location of an Antenna Facility or an antenna, the applicant must submit an application in accordance with the procedure established in this ordinance. Special Exceptions to this section are granted by the Zoning Board of Adjustment in accordance with Section 40 of this Zoning Ordinance.

Application:

In order to properly evaluate an application to locate an Antenna Facility or an antenna that requires a Special Exception, the applicant must provide the following information:

A Special Exception application and appropriate application fee.

A narrative detailing the proposed Antenna Facility. The narrative must indicate the following:

Whether the proposed structure is a co-location, a new monopole tower or a new alternate mounting structure.

ii)

The height of the proposed tower.

iii)

Why the Antenna Facility is necessary at the proposed location.

iv)

The name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;

Whether the applicant has made an effort to co-locate the facilities proposed for this Antenna Facility on existing antenna facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible.

vi)

Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage.

vii)

Provide written documentation from existing sites’ owners and/or operators which confirm the statements provided.

viii)

Indicate whether the existing sites allow/promote co-location and, if not, describe why not.

ix)

Whether co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each reason.

Provide a site plan of the proposed Antenna Facility at a scale of 1" = 30'. The site plan should be on a single 24" x 36" sheet and include:

A survey and legal description of the proposed Antenna Facility;

ii)

A detail on how access to the site is to be achieved;

iii)

A plan view layout of the proposed Antenna Facility clearly showing:

iv)

The location of the facility,

All equipment and structures in the proposed Antenna Facility,

vi)

The required off-street parking space,

vii)

Distances to property lines,

viii)

Required setbacks,

ix)

Adjacent land uses and zoning designations,

Existing structures on the site,

xi)

Required landscaping or screening of the base of the tower,

xii)

All recorded and proposed easements, and

xiii)

Natural features, such as watercourses and trees.

Elevation drawings showing:

The design and height of the proposed Antenna Facility,

ii)

Detailed drawings of all structures and equipment,

iii)

Screening requirements

iv)

All requirements specified in Wireless Antenna Facility Special Exception Request Site Plan Check List

If the requested location is in a residential district the applicant must provide evidence that they have made an effort to locate the facility in a nonresidential district. Identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage.

Provide a map showing the proposed provider’s current coverage area for the City. The map must show the roadway network and be labeled. The applicant must also provide propagation analysis showing the areas the proposed provider’s existing antenna currently covers, the areas the applicant’s existing sites and the requested site would cover. The propagation analysis must be labeled and have a legend.

Describe the applicant’s master antenna facilities plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan.

Consideration of Application:

In considering whether to grant a Special Exception, the Zoning Board of Adjustment shall consider the following:

The appropriateness of the location and design of the Antenna Facility;

The potential for interference with the enjoyment of the use surrounding properties;

Aesthetics: Impact, including but not limited to, the surrounding topography, surrounding tree coverage and foliage; proposed buffering; and the design of the Antenna Facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

The proposed height of the Antenna Facility relative to surrounding structures;

The zoning district and the adjoining zoning districts of the property for which Special Exception is sought;

The compliance with the City’s regulations; and

The availability of suitable alternative sites. Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which a Special Exception is requested. The applicant shall provide documentation supporting his contention that alternative site(s) are not suitable and/or available.

Procedures for Consideration of Special Exception:

The procedures for consideration of an application for a Special Exception requested under this section of the ordinance shall be the same as those procedures for a request of a Conditional Use Permit under Chapter 7, Section 38 of this ordinance[.]

Written Report:

Denial of an application for a Special Exception under this section must be documented in writing in accordance with the requirements of the Telecommunications Act of 1996 as amended.

Appeal:

An applicant may appeal the decision of the Zoning Board of Adjustment to the District Court by filing a written Notice of Appeal within ten (10) days following the date the Administrator notifies the applicant of his decision. A decision not timely appealed in accordance with this section shall be final.

(Ordinance 614 adopted 5/24/07)

Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 21 [24]. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.

(Ordinance 614 adopted 5/24/07)

Location on Lot:

Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten (10) feet shall be provided. The combined area of all structures shall not exceed sixty-five (65) percent of the lot area.

Front Yard Setback:

The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting onto a street be less than twenty (20) feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac or loop streets not exceeding four hundred (400) feet in length, with the approval of a site plan or subdivision plat. Under this provision the maximum setback shall be twenty-five (25) feet. A minimum lot depth of sixty-five (65) feet, as measured from front building line to the rear lot line, shall be maintained.

Rear Yard Setback:

The minimum rear yard shall be five (5) feet for a single-story structure and fifteen (15) feet for any two-story structure. If access is from an alley, the minimum setback will be twenty (20) feet for garages or carports.

Side Yard Setback:

The minimum side yard shall be zero (0) feet except that there shall be at least ten (10) feet of separation between structures. When garden (patio) homes are constructed with a zero (0) side yard, five (5) feet on the lot adjacent to the zero (0) setback shall be dedicated as an access easement for the zero (0) setback garden (patio) home. There shall be a minimum of twenty (20) feet from any property line adjacent to a street.

Lot Frontage:

The minimum frontage of any garden (patio) home shall be twenty-five (25) feet on residential streets and thirty-five (35) feet on collector and thoroughfare streets.

Lot Area:

The minimum lot area for any development lot for garden (patio) homes shall be two thousand eight hundred (2,800) feet.

Maximum Length of Structures:

No zero lot line structure shall have an overall length exceeding two hundred and fifty (250) feet.

Maximum Height of Structures:

No structure shall exceed two (2) stories or thirty-five (35) feet in height.

Parking:

Two (2) off-street spaces per dwelling unit plus one-half (1/2) space per dwelling unit for visitor parking within six hundred (600) feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.

Common Area Maintenance:

To insure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:

Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent area and maintenance of open spaces, recreational areas and other communally-owned facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect. A Homeowners’ Association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.

The HOA or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rate formula for all property owners.

Usable Open Space Requirements:

Each parcel of land developed under patio home standards shall provide usable open space totaling fifteen percent (15%) of the area of a patio home development. Such open space shall have a maximum slope of ten percent (10%) and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The fifteen percent (15%) shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan). At the time of site plan and/or subdivision plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.

Additional Landscaping:

In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.

(Ordinance 614 adopted 5/24/07)

Courts:

Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet.

Usable Open Space:

Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space in accordance with the table below:

USABLE OPEN SPACE REQUIREMENT
Number of Bedrooms/Sleeping Rooms
1 or Less	600 Sq. Ft.
Each Additional Bedroom Over 1	300 Sq. Ft.

In those instances where a parcel of land has been zoned for multifamily use with a Special Use Permit or Planned Development classification and the permitted densities do not conform exactly with those permitted in the MF District, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the S or PD.

In meeting this requirement, a credit of three (3) square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children’s play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the Planning and Zoning Commission and/or City Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land.

At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmental significant and that their preservation would enhance the development.

Refuse Facilities:

Every dwelling unit in a multifamily complex shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining the property, by an opaque fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height [or] by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy City public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.

Screening Fence:

Border fencing of wood or masonry of not less than six (6) feet in height shall be installed by the builder at the time of construction of any multifamily complex, along [the] property line on any perimeter not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily complex by the owner of the complex.

Special Fire Requirement:

Whenever densities of greater than fifteen (15) units per acre are present, each building in the development shall at the time of construction, and thereafter be operated in accordance with currently applicable building and fire safety codes. In addition, any multi-story design, regardless of density, shall be provided with two (2) points of entry and exit with each providing separate access to places of safety in the event of fire and other emergency.

(Ordinance 614 adopted 5/24/07)

Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten (10) feet to the property line.

(Ordinance 614 adopted 5/24/07)

It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.

No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department’s regulations.

A swimming pool erected below ground or above ground with a depth of two (2) feet or greater may be constructed and operated when:

The pool is not located in any required front or side yard abutting a street.

A wall or fence, not less than six (6) feet in height, with self-enclosing and self-latching gates that are lockable at all entrances, completely encloses either the pool area or the surrounding yard area.

All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible for [from] adjacent properties.

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.

The swimming pool is no closer than eight (8) feet from any property line.

(Ordinance 614 adopted 5/24/07)

Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property, providing that all such uses are located in the dwelling, no more than 25% of a single story floor area is used for the occupation, no alteration of the exterior of the building which changes the residential character of the structure, there is no exterior evidence of the occupation, there is no exterior storage of any supplies, equipment[,] goods or materials and that no persons that are not a member of the family residing on the premises are employed, and no signs advertising such home occupation are displayed. This use must not increase normal automobile vehicle traffic in the neighborhood and not require additional off-street parking in order to conduct business. This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conducting of a retail business. No use which increases noise, dust, electrical or radio interference vibration or fire hazard shall be permitted.

(1)

Customary home occupation may include, but is not limited to:

The office of a notary public, accountant, bookkeeper, architect, lawyer, engineer, musician, consultant, or artist;

Musical instrument training which does not disturb neighbors by noise;

Dressmaker;

Washing or ironing.

(2)

Customary home occupations shall not include the following:

Barber shops, beauty shops, hairdressers;

Carpenter shop, electrical shop, plumbing shops;

Radio and/or TV shops or television or appliance repair;

Real estate sales office;

Repair of automobiles, painting of vehicles or boats;

Private school or day care;

Photo studio;

Dance instruction.

(3)

The Zoning Board of Adjustment is granted authority to decide whether a particular described use not specifically named in (1) above qualifies as a customary home occupation meeting other requirements of this Section.

(Ordinance 614 adopted 5/24/07; Ordinance 682 adopted 2/26/09; Ordinance 721, sec. 5, adopted 2/25/10)

Manufactured housing design and construction shall comply with construction and safety standards published by the Department of Housing and Urban Development pursuant to the requirements of the National Mobile Home Safety Standards Act of 1976 and all manufactured homes will be subject to inspection be [by] the Building Official.

All manufactured homes shall be set on a solid slab structure with 3,000 PSI 4" concrete, #3 rebar on 12" center, with 12" wide by 18" deep footers. Additional rooms and enclosed porches shall be constructed on a solid slab.

Tie-downs will be required and will be secured prior to occupancy.

Underpinning and skirting of masonry material and compatible color is required and will be installed prior to occupancy.

All manufactured homes and modular homes shall comply with all regulations of the State of Texas and such regulations are hereby incorporated into this section.

(Ordinance 614 adopted 5/24/07)

The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

Cafeteria and/or dining room

Library

Game room

Swimming pool and/or Jacuzzi

Exercise room

Arts and crafts facilities

Greenhouse

Housekeeping service

Transportation service

Snack bar with a maximum of 350 square feet per 100 dwelling units

Beauty/barber shop with a minimum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units

Convenience retail shop with a minimum of 350 square feet per 100 dwelling units to provide for sale of food items, nonprescription drugs, small household items and gifts

Editor’s note–At the request of the city, the scrivener’s error in subsection (K) above was corrected without notation.

(Ordinance 614 adopted 5/24/07)

Purpose and Intent:

The location regulations of this Subchapter are enacted pursuant to the authority of Chapter 211 and Chapter 243 of the Local Government Code, and Section 109.57(d) of the Texas Alcoholic Beverage Code. All other provisions of this article are enacted pursuant to the City’s police power.

Purpose and Intent:

It is the purpose of this Subchapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Subchapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Subchapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Subchapter to condone or legitimize the distribution of obscene material.

Findings:

Evidence concerning the adverse secondary effects of sexually oriented businesses on the community where they are located was previously presented in hearings and in the studies, reports and findings that were made available to the city council, and the council has determined that those studies, reports and findings are still applicable within the City of Springtown. Additionally, base[d] on evidence concerning the adverse secondary effects of sexually oriented businesses on the communities where they are located as presented in hearings and in reports made available to the Council and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap’s A.M., 120 C.Ct. 1382 (2000), Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); LLEH, Inc. V. Wichita County, Texas, 289 F.3d 358 (5th Cir. 2002); Encore Videos, Inc. v. City of San Antonio, 330 F.3d 288 (5th Cir. 2003); Fantasy Ranch, Inc. v. Tazz Man, Inc., No. 3:03-CV-0089-R, 2004 WL 1779014 (N.D. Tex. 2004); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); People of the State of Illinois v. The Lion’s Den, Inc., Circuit Court of the Fourth Judicial Circuit, Effingham County, Illinois, filed June 10, 2005; Illinois One News, Inc. v. City of Marshall, 2006 WL 449018 (S.D. III. 2006); Fantasy Ranch, Inc. v. City of Arlington, F.3d, 2006 WL 2147559 (5th Cir., Aug. 2, 2006); H and A Land Corp. v. City of Kennedale, 2007 WL 531982 (5th Cir., Feb. 22, 2007) and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Fort Worth, Texas; Dallas, Texas; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Sioux City, Iowa; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the “Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses” (June 6, 1989, State of Minnesota), and the Attorney General’s Commission on Pornography, the Council Finds:

The City Council heretofore adopted regulations and restrictions regarding the location of sexually oriented businesses within the City based upon studies, reports, and findings regarding the harmful effects of sexually oriented businesses on surrounding land uses.

The City Council deems it necessary and advisable to amend the sexually oriented business regulations to clarify their applicability to certain businesses and to provide for the licensing and other regulation of sexually oriented businesses.

Many of the cities represented in the relevant studies, reports and findings reviewed by the city council and city staff have similar community characteristics as the City of Springtown; and

[Reserved.]

There is convincing evidence in the form of studies, court cases, and police records as included in the relevant studies, reports and findings that sexually oriented businesses have secondary effects that are deleterious on both existing businesses around them and surrounding residential areas or other sensitive uses adjacent to them, including increased crime, harm to minors, urban blight, diminishment in the quality of residential life, and reduction of property values.

Residential areas, churches, synagogues, licensed day-care centers, public parks, schools, colleges, universities and public libraries are centers of family oriented activities and therefore enhance the quality of life in surrounding areas.

The city council desires to minimize and control the adverse effects caused by sexually oriented businesses and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.

Regulation of the sexually oriented business industry is necessary because in the absence of such regulation, significant criminal activity has historically and regularly occurred in and around such businesses. This history of criminal activity in the sexually oriented business industry has included prostitution, illegal employment of minors, narcotics trafficking and use, alcoholic beverage law violations, breaches of the peace, tax evasion, and the presence within the industry of individuals with hidden ownership interests, outstanding arrest warrants, and past criminal behavior related to the sexually oriented business industry which may be indicative of intended future conduct.

Negative secondary effects are associated with (a) physical and/or erotic contact between patrons and employees or entertainers; (b) gratuitous offerings to entertainers; (c) lack of management oversight; (d) poor lighting inside or outside of sexually oriented businesses; and (e) areas within said businesses that are secured and private.

Close physical proximity between entertainers and patrons during sexually oriented performances facilitates sexual contact, prostitution, and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city, which require reasonable regulation of sexually oriented business establishments in order to protect the public health, safety, and general welfare of its citizens.

Negative secondary effects of sexually oriented businesses can be minimized by (a) providing minimum separation between patrons and entertainers of sexually oriented businesses; (b) avoiding erotic touching between patrons and employees or entertainers of sexually oriented businesses and controlling the means by which gratuity is offered to entertainers in sexually oriented businesses; (c) requiring that managers are on duty at all times in sexually oriented businesses to monitor activities of patrons, employees and entertainers of said businesses; (d) maintaining adequate lighting both inside and outside of the sexually oriented business; and (e) ensuring that there are no unmonitored or secured areas within a sexually oriented business where sexual activities may be facilitated.

Convincing documented evidence regarding the physiological and sexual distinctions between male and female breasts has been reviewed.

Sexually oriented businesses are frequently used for activities such as prostitution or sexual liaisons of a casual nature.

Sexual acts occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles, creating unhealthy conditions in which communicable diseases may be spread.

The city council has reviewed information from the Centers for Disease Control and the concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens.

It is necessary to license sexually oriented business premises to identify the location and nature of activities to take place on such premises, to identify the operators of each such business, and to provide for the regulation of such premises.

It is necessary to license managers in the sexually oriented business industry, and to have a licensed manager on the premises of sexually oriented business premises, so there will at all necessary times be an identifiable individual responsible for the overall operation of the sexually oriented business establishment, including responsibility for the actions of entertainers, other employees, and patrons.

It is necessary to license entertainers and/or employees in the sexually oriented business industry to prevent the exploitation of minors, to ensure that each entertainer and/or employee is an adult, to ensure that no entertainer and/or employee has outstanding arrest warrants or engaged in past criminal behavior related to the sexually oriented business industry which may be indicative of intended future conduct, and to ensure that such entertainers and/or employees have not assumed a false name, which would make identification and regulation of the entertainer and/or employee difficult or impossible.

The fact that an applicant for a license has been convicted of certain crimes leads to a rational assumption that the applicant may engage in similar illegal conduct in the future, so barring such individuals from operation or employment in a sexually oriented business for a period of time serves as a deterrent to future criminal conduct at such locations.

License fees are necessary to partially defray the substantial expenses incurred by the city in regulating the sexually oriented business industry.

Sexually oriented business regulations, including the amendments, will promote the public health, safety or welfare of the citizens of the city.

These amendments have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor do these regulations, including the amendments, have the effect of restricting or denying access by adults to sexually oriented materials protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

The adoption of these regulations will still leave available reasonable alternative locations for the location of sexually oriented businesses.

The findings noted in this subsection raise substantial governmental concerns.

Sexually oriented businesses have operational characteristics, which should be reasonably regular in order to protect those substantial governmental concerns.

The general welfare, morals, health and safety of the citizens of the City will be promoted by the enactment of this Subchapter.

Location of Sexually Oriented Businesses

A sexually oriented business shall be located within a specific zoning district as set forth in the Zoning Ordinance of the city.

A person commits and [an] offense if he or she operates or establishes, or expands, or causes or permits another to operate or establish or expand a sexually oriented business which is located within 1,000 feet of a property line of a public or private school, church, child-care center, or lot devoted to a residential use; or the boundary of a public park, playground, or residential district. The distance between shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located to the nearest property line.

A person commits an offense if he or she operates or establishes or expands, or causes or permits another to operate or establish or expand a sexually oriented business which is located within 1,000 feet of another sexually oriented business. The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which each of the businesses are located.

A person commits an offense if he causes or permits the operation, establishment, expansion or maintenance of more than one sexual oriented business in the same building, structure, or portion thereof.

For purposes of this subdivision, “expand” shall mean an increase by twenty-five (25%) or more in floor areas occupied by the business.

License Required

A person commits an offense if he/she operates or causes to operate a sexually oriented business without a valid license issued by the city for the particular type of business.

Application for a license must be made on a form provided by the Chief of Police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

The applicant must be qualified according to the provisions of this subchapter.

If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10%) or greater interest in the business must sign the application for a license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator’s license as applicant. Each applicant must be qualified under subsection (E), License Issuance, and each applicant shall be considered a licensee if a license is granted.

The fact that a person possesses other types of state or city permits does not exempt him/her from the requirement of obtaining a license for a sexually oriented business.

License Application

Any person desiring to obtain a sexually oriented business license shall make application on a form provided by the Chief of Police or his/her designee.

All applications for a license under this subchapter shall be accompanied by a nonrefundable application fee in the amount provided for in the fee schedule found in the appendix of this code. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted.

License Issuance

The Chief of Police shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless the Chief of Police finds one or more of the following to be true.

(a)

The location of the sexually oriented business is or would be in violation of this chapter.

(b)

The applicant failed to supply all of the information requested on the application.

(c)

The applicant gave false, fraudulent or untruthful information on the application.

(d)

An applicant is under 18 years of age.

(e)

An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business.

(f)

An applicant or an applicant’s spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

(g)

The license application fee required by this chapter has not been paid.

(h)

The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof upon which the sexually oriented business will be situated or has a legally enforceable right to acquire the same.

(i)

An applicant or the proposed establishment is in violation of or is not in compliance with of [sic] this chapter.

(j)

An applicant or an applicant’s spouse has been convicted of a crime involving the following:

(i)

Any of the following offenses as described in the Texas Penal Code, Ch. 43:

Prostitution.

Promotion of prostitution.

Aggravated promotion of prostitution.

Compelling prostitution.

Obscenity.

Obscene display or distribution.

Sale, distribution or display of harmful material to a minor.

Sexual performance by a child.

Employment harmful to children.

10.

Possession of child pornography.

(ii)

Any of the following offenses as described in the Texas Penal Code, Ch. 21:

Public lewdness.

Indecent exposure.

Indecency with a child.

Improper photography or visual recording.

(iii)

Sexual assault or aggravated sexual assault as described in the Texas Penal Code, Ch. 22.

(iv)

Incest, solicitation of a child or harboring a runaway child as described in the Texas Penal Code, Ch. 25.

(v)

Any felony as described in the Texas Penal Codes.

(vi)

Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.

(vii)

Any similar sex-related offense to those described above under the criminal or penal code of any state or country.

For which less than two years have elapsed since the date of conviction or the date of release from the terms of probation, parole or deferred adjudication or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or

For which less than five years have elapsed since the date of conviction or the date of release from the terms of probation, parole or deferred adjudication or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

For which less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.

An applicant who has been convicted or whose spouse has been convicted of an offense listed in this section may qualify for a sexually oriented business license only when the time period required by this section has elapsed.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business.

The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

Inspection And Maintenance Of Records

A licensee, operator or employee of a sexually oriented business shall be subject to the regulations under this chapter and shall permit representatives of the Police Department to inspect all portions of the premises open to the public and the records required to be maintained under this chapter by the sexually oriented business for the purpose of ensuring compliance with this chapter at any time it is occupied by a customer(s) or open for business.

A licensee or operator of a sexually oriented business commits an offense if the person operates the establishment without maintaining a current list of all employees of the business, along with a complete updated employment application for each employee. A legible copy of a valid driver’s license, state identification card or passport, with a photograph, together with an original photograph accurately depicting the employee as the person appears at the time the person is hired, shall be required and maintained on the premises with the employee’s application.

A licensee or operator of a sexually oriented business commits an offense if the person refuses to permit a lawful inspection of the records and premises by a representative of the Police Department at any time the sexually oriented business is occupied by a customer(s) or open for business.

The licensee or operator of a sexually oriented business shall maintain all records required to be maintained under the provisions of this chapter on the licensed premises.

The licensee or operator of a sexually oriented business commits an offense if the person does not maintain the required records on the premises of the licensed establishment.

A licensee, operator or employee of a sexually oriented business shall permit representatives of the Police Department to take photographs of the premises, and the licensee, operator or employees of the sexually oriented business for the purpose of ensuring compliance with this chapter at any time it is occupied by a customer(s) or open for business.

A licensee, operator or employee of a sexually oriented business commits an offense if the person does not permit representatives of the Police Department to take photographs of the premises, or the licensee, operator or employees of the sexually oriented business for the purpose of ensuring compliance with this chapter at any time it is occupied by a customer(s) or open for business.

The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

License Expiration

Each license shall expire one year from the date of issuance.

A license may be renewed by submission to the Chief of Police, or his/her designee, of an application on the form prescribed by the official and payment of a nonrefundable renewal processing fee in the amount provided for in the fee schedule found in the appendix of this code.

Application for renewal shall be made at least 30 days before the expiration date.

License Suspension

Subject to subdivision (3) below, the Chief of Police shall suspend a sexually oriented business license if the Chief of Police determines that a licensee(s) or employee(s) of a licensee (or any combination thereof) has/have:

(a)

(i)

On two or more occasions within any 12-month period of time been cited for a violation [of] subsections (B), (F) or (K) through (T); and

(ii)

Been convicted or placed on deferred disposition or probation for the violations; or

(b)

(i)

Been cited for any combination of offenses under subdivision (1)(a) above that total four within any 12-month period of time; and

(ii)

Been convicted or placed on deferred disposition or probation for the violations; or

(c)

Engaged in public intoxication on the premises of a sexually oriented business or knowingly permitted gambling by any person on the premises of the sexually oriented business.

A period of suspension will begin the first day after the decision of the Chief of Police becomes final as provided in this section, unless the licensee appeals to an appropriate court under section J, Appeal. If appeal is taken, the period of suspension begins the day after all appeals are final.

The suspension of a license as provided for in subdivision (1) above shall be as follows:

(a)

The first suspension of a license shall be for a period of seven calendar days.

(b)

The second suspension of a license shall be for a period of 30 calendar days.

(c)

On the third cause of suspension, the Chief of Police shall revoke a license according to section I, License Revocation.

Each day in which a violation is permitted to continue shall constitute a separate violation for the purposes of suspension.

License Revocation

The Chief of Police shall revoke a license if a license has been suspended under the provisions of subsection (H)(3), above.

The Chief of Police shall revoke a license if he/she determines the following.

(a)

The licensee gave false or misleading information in the material submitted to the Chief of Police during the application process.

(b)

A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.

(c)

A licensee or an employee has knowingly allowed prostitution on the premises.

(d)

A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended.

(e)

A licensee has been convicted of an offense listed in subsection (E)(1)(j) for which the time period required has not lapsed.

(f)

On two or more occasions within a 12-month period an employee of the establishment committed in or on the licensed premises an offense listed in subsection (E)(1)(j) for which a conviction has been obtained.

(g)

A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in the Texas Penal Code, section 21.01.

(h)

A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.

(i)

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

Subdivision (2)(g) of this section does not apply to adult motels as a ground for revoking the license, unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.

When the Chief of Police revokes a license, the revocation shall continue for five years, and the licensee shall not be issued a sexually oriented business license for five years from the date revocation became effective. If the license was revoked under division (2)(E) [(2)(e)] of this section, an applicant may not be granted another license until the appropriate number of years required under subsection (E)(1)(j) has elapsed.

Appeal

When the Chief of Police is authorized to deny the issuance of a license, or suspend or revoke a license under this chapter, the Chief of Police shall give written notice to the applicant or licensee of such intention.

(a)

The notice shall provide that the denial of issuance, suspension or revocation shall take effect at the expiration of the tenth calendar day after notification, unless the licensee provides a written response to the Chief of Police before the expiration of the tenth calendar day.

(b)

If a written response from the applicant or licensee is received by the Chief of Police before the expiration of the tenth calendar day, the denial of issuance, suspension or revocation will be stayed pending a decision by the Chief of Police. The Chief of Police shall review the response before the rendering of a decision.

(c)

The Chief of Police shall give written notice of this decision to the applicant or licensee within ten calendar days of receipt of the written response from the applicant or licensee.

(d)

The decision by the Chief of Police is effective immediately and final pending any appeal to an appropriate court.

(e)

Notice shall be deemed delivered by hand delivery to a licensee, owner or employee of the establishment or by a posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. The notice shall be mailed to the address listed in the license application for receipt of notice.

Upon receipt of written notice of the denial of issuance, suspension or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court.

An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the Chief of Police.

The licensee or applicant shall bear the burden of proof in court.

License Transfer

A person commits an offense if he/she transfers a sexually oriented business license to another person or operates a sexually oriented business under the authority of a license at any place other than the address designated in the application.

A person commits an offense if he/she counterfeits, forges, changes, defaces or alters a sexually oriented business license.

Additional Regulations for Adult Cabarets

An employee of an adult cabaret, while appearing in a state of nudity, commits an offense if he/she touches a customer or the clothing of a customer.

A customer at an adult cabaret commits an offense if the customer touches an employee appearing in a state of nudity or the clothing of an employee appearing in a state of nudity.

The establishment shall provide for one or more manager’s stations, none of which shall exceed 32 square feet of floor area. The manager’s stations shall be designed to provide a monitoring location for the operators or employees of the establishment during business hours and to exclude members of the general public. The interior of the premises shall be configured so that there is an unobstructed view from a manager’s station of every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. The view required in this subsection must be by direct line of sight from the manager’s station. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by utilizing flashlights or spotlights in addition to overhead house lighting. A manager shall have the duty to remain in the manager’s station at all times the adult cabaret is occupied by a customer(s).

A licensee, manager or employee commits an offense if the licensee, manager or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of the adult cabaret premises that can be viewed from a public right-of-way.

A person commits an offense if the person employs at an adult cabaret any person under the age of 18 years.

No employee of an adult cabaret may appear in an area of the business visible to customers unless the employee completely and opaquely covers his or her genitals, pubic region, and pubic hair; anus; and, if female, her areola.

No licensee, owner, or manager of an adult cabaret shall permit an employee to violate subsection (6).

A licensee, manager, or employee commits an offense if the licensee, manager, or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity, in an adult cabaret, unless the person is an employee who, while in a state of nudity, is on a stage (on which no patron or customer is present) that is at least eighteen (18) inches above the floor, and that is at least six (6) feet from any customer.

It is an offense for an employee, while in a state of nudity in an adult cabaret, to solicit any pay or gratuity from any customer or to receive directly any pay or gratuity from any customer, or for any customer to pay or give any gratuity directly to any employee, while that employee is in a state of nudity in an adult cabaret. Such gratuity or pay may be provided to such an employee through a tip receptacle, located more than (6) feet from the nearest point of the performance stage where the employee is in a state of nudity, or may be paid to an employee that is not in a state of nudity, as part of the customer’s bill.

10.

A licensee or manager commits an offense if the licensee or manager fails to display a sign on the interior of the premises notifying customers and employees of the prohibitions described in this section. The sign must be prominently and continuously displayed where customers enter the premises, and immediately adjacent to each performance stage, and must state in letters at least two inches high:

TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY IS A CRIME (MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $2,000. CUSTOMERS SHALL REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES.

The chief of police may also require, at the time of issuance or renewal of the license, the licensee to display the sign in a language other than English if he determines that a substantial portion of the expected customers speak the other language as their familiar language. Upon notification, a licensee commits an offense if the sign does not contain this language in the required language, in addition to English.

11.

A licensee or manager commits an offense if the licensee or manager fails to prominently and continuously display a glow-in-the-dark line on the floor of the adult cabaret, at least two (2) inches wide, marking a distance of six feet from each performance stage on which an employee in a state of nudity may appear in accordance with divisions (K) and (L) [subsections 9. and 10.].

12.

A licensee, manager, or employee commits an offense if he/she knowingly allows a person under the age of 18 years in or on the premises of an Adult Cabaret.

13.

A person under the age of 18 years commits an offense if he/she knowingly appears in or on the premises of an Adult Cabaret.

Additional Regulations for Escort Agencies

An escort agency shall not employ any person under the age of 18 years.

A person commits and [an] offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years.

A licensee, operator, or employee commits an offense if he/she knowingly allows a person under the age of 18 years in or on the premises of an Escort Agency.

A person under the age of 18 years commits an offense if he/she knowingly appears in or on the premises of an Escort Agency.

Additional Regulations for Nude Model Studios

A nude model studio shall not employ any person under the age of 18 years.

A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio.

A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a soft [sofa] may be placed in a reception room open to the public.

Each nude model studio shall have a manager’s station, which shall not exceed thirty-two (32) square feet of floor area. A licensee, manager or employee commits an offense if the licensee, manager or employee permits any customer access to an area of the premises not visible from the manager’s station [or not visible by a walk-through of the premises] without entering a private, exclusive, closed, curtained or otherwise screened area, excluding restrooms. The view required in this subdivision shall be by direct line of sight. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by utilizing flashlights or spotlights in addition to overhead house lighting. A manager shall have the duty to remain in the manager’s station at all times the nude model studio is occupied by a customer(s).

An employee of a nude model studio, while appearing in a state of nudity, commits an offense if the employee touches a customer or the clothing of a customer.

A customer at a nude model studio commits an offense if the customer touches an employee or the clothing of an employee while the employee is appearing in a state of nudity.

An employee of a nude model studio commits an offense if that employee allows, asks, directs, or suggests that a customer disrobe to a state of nudity.

A licensee, manager, or employee commits an offense if the licensee, manager, or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity, in [a] nude model studio, unless the person is an employee who, while in a state of nudity, is on a stage (on which no patron or customer is present) that is at least eighteen (18) inches above the floor, and that is at least six (6) feet from any customer.

10.

It is an offense for an employee, while in a state of nudity in a nude model studio, to solicit any pay or gratuity from any customer or to receive directly any pay or gratuity from any customer, or for any customer to pay or give any gratuity directly to any employee, while that employee is in a state of nudity. Such gratuity or pay may be provided to such an employee through a tip receptacle, located more than (6) feet from the nearest point of the performance stage where the employee is in a state of nudity, or may be paid to an employee that is not in a state of nudity, as part of the customer’s bill.

Additional Regulations for Adult Theaters and Adult Motion Picture Theaters

A person commits an offense if he/she knowingly allows a person under the age of 18 years in or on the premises of an adult theater or adult motion picture theater.

A person under the age of 18 years commits an offense if he/she knowingly appears in or on the premises of an adult theater or adult motion picture theater.

Adult theaters and adult motion picture theaters shall maintain viewing rooms with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five footcandles as measured at floor level while a film, photograph, picture, videocassette or other video reproduction is being shown.

Each adult theater or adult motion picture theater shall have at least one manager’s station, which shall not exceed thirty-two (32) square feet of floor area. The interior of the premises shall be configured to allow an unobstructed view from a manager’s station of the entire area of the premises to which any patron is permitted access, excluding the restroom. The view required by this subsection must be by direct line of sight from the manager’s station. It shall be the duty of the operator and any agents or employees present in the premises to ensure that the view remains unobstructed at all times. It shall also be the duty of the operator and any agents or employees present in the premises to ensure that no customer is permitted access to any area of the premises that has not been designated as an area in which customers will be permitted. A manager shall have the duty to remain in the manager’s station at all times the adult theater is occupied by a customer(s).

No viewing room or booth of less than 150 square feet may be occupied by more than one person at any time.

No licensee, manager or employee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths.

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms or booths.

The licensee or manager shall, during each business day, regularly inspect the walls of all viewing rooms or booths to determine if any openings or holes exist.

The walls of any viewing room or booth of less than 150 square feet shall be no more than 48 inches tall. At least one wall of any viewing room or booth shall be visible in a direct unobstructed line of sight from the manager’s station. Each wall or door of any viewing room or booth shall be constructed of clear transparent glass, plastic or substantially equivalent materials that allow an unobstructed view of the entire interior of the viewing room or booth.

10.

Live entertainment is prohibited in any viewing room or booth, as well as any other room adjacent to or visible from any such viewing room or booth.

Additional Regulations for Adult Bookstores, Adult Novelty Stores And Adult Video Stores

No viewing room or reading room may be occupied by more than one person at any time.

No licensee, manager or employee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms, reading rooms or booths.

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms, reading rooms or booths.

The licensee or manager shall, during each business day, regularly inspect the walls of all viewing rooms, reading rooms or booths to determine if any openings or holes exist.

The walls of any viewing room, reading room or booth shall be no more than 48 inches tall. At least one wall of any viewing room, reading room or booth shall be visible in a direct unobstructed line of sight from the manager’s station. Each wall or door of any viewing room, reading room or booth shall be constructed of clear transparent glass, plastic or substantially equivalent materials that allow an unobstructed view of the entire interior of the viewing room, reading room or booth.

Live entertainment is prohibited in any viewing room, reading room or booth as well as any other room adjacent to or visible from any viewing room, reading room or booth.

Each adult bookstore, novelty store or video store shall have at least one manager’s station, which shall not exceed thirty-two (32) square feet of floor area. The interior of the premises shall be configured to allow an unobstructed view from a manager’s station of the entire area of the premises to which any patron is permitted access, excluding the restroom. The view required by this subsection must be by direct line of sight from the manager’s station. It shall be the duty of the operator and any agents or employees present in the premises to ensure that the view remains unobstructed at all times. It shall also be the duty of the operator and any agents or employees present in the premises to ensure that no customer is permitted access to any area of the premises that has not been designated as an area in which customers will be permitted. A manager shall have the duty to remain in the manager’s station at all times the adult bookstore, novelty store or video store is occupied by a customer(s).

Additional Regulations for Motels

Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.

A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not comply with the location requirements of this Subchapter, he or she rents or subrents a sleeping room to a person, and, within 10 hours from the time the room is rented, he or she rents or subrents the same sleeping room again.

For purposes of subsection (2) of this section, the terms “rent” or “subrent” mean that act of permitting a room to be occupied for any form of consideration.

Additional Regulations for All Sexually Oriented Businesses

Public and employee restrooms in a sexually oriented business shall not, at any time, contain or be used for adult sexually oriented activity, video reproduction equipment, or sexually oriented merchandise.

A sexually oriented business shall at all times maintain at least one (1) legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one (1) inch in height in English and Spanish which contains the following statement:

“THIS IS A sexually oriented business WHICH REGULARLY FEATURES (description of the type of activity licensed to be conducted). IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY (or “NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY,” if alcohol is served).

A licensee, manager or employee commits an offense if the licensee, operator or employee knowingly allows a person under the age of 18 years, or under the age of twenty-one years if alcohol is served, on the premises of a sexually oriented business.

The licensee or manager commits an offense if the licensee or manager knowingly allows a person to appear in a state of nudity in, on or about the premises of a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 500 square feet of floor space, a film, photograph, picture, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.

A person commits an offense if the person knowingly appears in a state of nudity in or on the premises of a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 500 square feet of floor space, a film, photograph, picture, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.

It is a defense to prosecution under divisions (R)(4) and (5) above if the person was in a restroom not open to public view or persons of the opposite sex.

The premises of any sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than twenty (20) footcandles, excluding the limited exception for adult theaters as contained in section (O)(3), below [above].

During hours of darkness when a sexually oriented business is in operation, all required parking and all outdoor areas to which pedestrians have access on the premises of the sexually oriented business shall be lighted to an intensity of not less than five (5) footcandles measured at ground level.

A licensee shall designate and appoint one or more individuals to manage, direct and control the premises and operations of a sexually oriented business. At least one person so appointed shall be on the premises at any time the sexually oriented business is occupied by a customer(s) or open for business.

10.

An operator or a manager shall at all times have the duty to ensure that each employee receives training on the requirement[s] of this chapter and is instructed to commit no act which would constitute a violation of this chapter or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this chapter. The licensee or manager shall provide this training to all employees at the beginning of the employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this division. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

11.

No models, mannequins, pictures, drawings, sketches, or other live or simulated, pictorial or graphic displays of nudity shall be allowed in a manner that is visible to the public from any street, sidewalk, or other public place.

12.

The licensee or manager commits an offense if he violates any portion of this section.

Hours of Operation.

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 12:00 midnight and 8:00 a.m. on weekdays and Saturdays, and 12:00 midnight and 2:00 p.m. on Sundays.

Prohibition of Nudity in Certain Commercial Establishments

The purpose of this section is to prohibit certain acts of commercial exploitation of human sexuality in commercial establishments where alcoholic beverages are served or offered for sale for consumption on the premises, or permitted to be consumed on the premises, and to reduce the likelihood of criminal activity, moral degradation and disturbances of the peace and good order of the community, to prohibit lewd and unlawful activity, such as prostitution and the proliferation of controlled substances, all of which may occur when such commercial exploitation is permitted in such places, and to promote the preservation of property values of neighborhoods and adjacent properties.

No person shall appear in a state of nudity in any commercial establishment at which alcoholic beverages are served or offered for sale for consumption on the premises, or permitted to be consumed on the premises.

No licensee, owner, operator, or manager of any commercial establishment at which alcoholic beverages are served or offered for sale for consumption on the premises, or are permitted to be consumed on the premises, shall permit any person to appear in the premises in a state of nudity.

Employee Permits

A person commits an offense if he/she acts as a manager, operator, or employee of a sexually oriented business without a valid permit issued by the city.

It shall be the duty of the licensee, operator, manager, and owners of each sexually oriented business to ensure that no person acts as a manager, operator, or employee of a sexually oriented business unless that person holds a valid permit issued by the city.

(a)

Any person who desires to obtain an original or renewal permit shall make application in person at the offices of the police department between the hours of _____ a.m. and _____ p.m., Monday through Friday, city observed holidays excepted. The application shall be made under oath upon a form prescribed by the chief of police and shall include:

(i)

The name, home street address and mailing address (if different) of the applicant;

(ii)

Proof of the date of birth of the applicant and the identity of the applicant, including at least one photographic identity card issued by a governmental agency;

(iii)

A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any violation of this chapter or any applicable offense that is specified in subsection (E)(1)(j) of this chapter; and

(iv)

One passport-type photograph of the applicant of a size specified by the chief of police, which shall become part of the photographic identity cards if a permit is issued. If an on-site card is required under subsection (3)(d) of this section, then the application must contain a second photograph of the same type.

(b)

Each application shall be accompanied by a nonrefundable processing fee in the amount provided for in the fee schedule found in the appendix of this code. Each applicant shall be required to provide fingerprints to be used to verify the applicant’s identity and criminal history information. Each applicant shall sign a waiver and authorization form authorizing the chief of police to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.

(c)

The chief of police shall issue the permit within ten days from the date of filing of the application unless he finds that the application is incomplete or that the applicant has been convicted of or spent time in jail or prison for a violation of this chapter or an offense specified in (E)(1)(j) of this chapter within the time specified therein. If the application is not granted, then the applicant shall be given written notice of the grounds and of his right to provide a written response as provided by subsection (J) of this chapter, within ten days from the date of filing of the application.

(d)

Each permit issued by the chief of police shall consist of either one or two photographic identification cards.

(i)

Each employee of a sexually oriented business shall have an identification card, called a personal card.

(ii)

If a sexually oriented business is required by this chapter to have an on-site manager, then each employee of such a business shall have a second identification card, called an on-site card.

(e)

Upon the applicant’s completion of all requirements in (3)(a) and (b) of this section, then the applicant may, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the chief of police.

(f)

If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the chief of police and request a replacement, which shall be issued for a fee of $35.00 within three days following verification of the identity of the holder.

(g)

No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that he is at least 18 years old. Any permit issued by virtue of any misrepresentation or error to any person under age 18 shall be void.

Term, transfer, amendment.

(a)

A permit is valid for two years from the date of its issuance.

(b)

A permit is personal to the named permit holder and is not valid for use by any other person.

(c)

Each permit holder shall notify the police department of his new address within ten days following any change of his address.

Display.

(a)

Each manager or employee shall conspicuously display his personal card upon his person at all times while acting as a manager or employee of a sexually oriented business.

(b)

Each manager or employee who is required under this chapter to have an on-site card shall provide his on-site card to the manager or on-site manager in charge of the sexually oriented business to hold while the manager or employee is on the premises.

(c)

In any prosecution under this subsection of this chapter, it shall be presumed that the actor did not have a permit unless the permit was in display as required under section (5) of this subsection.

Revocation.

In the event that the chief of police has reasonable grounds to believe that any permit holder has been convicted of or spent time in jail or prison for a violation of this chapter or an offense as specified in the applicable provisions of (E)(1)(j) of this chapter within the time specified therein, then the chief of police may revoke the permit under the procedures set out in subsection (I) of this chapter.

If the chief of police is authorized to deny the issuance of a permit, or revoke a permit as provided in this section, the applicant or permittee may appeal the decision of the chief of police in accordance with the procedures in subsection (J) of this chapter.

Defenses to Enforcement.

It is a defense to prosecution under this subchapter that the person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school licensed by the State of Texas;

By a college, junior college, or university supported entirely or partly by taxation;

By a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

In a structure;

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

Where no more than one nude model is on the premises at any one time.

It is a defense to prosecution under this Subchapter that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

Each day on which a violation occurs shall be separate and distinct violations.

(Ordinance 614 adopted 5/24/07)

Notwithstanding the table of uses under Section 13.6, no structure shall be erected, converted or constructed to allow for the entry or interior passage of motor vehicles for the retail sales or delivery of food or beverages.

(Ordinance 750 adopted 9/23/10)

Each motel or hotel shall have at least one parking space for each guest room and additional parking spaces for any meeting rooms, restaurant facilities and staff consistent with requirements for similar sized facilities without the motel or hotel use. Each guest room shall be accessed only through an internal hallway connecting directly or via an elevator or stairway to a hotel lobby and shall not be accessed directly from a parking lot.

(Ordinance 869 adopted 1/28/16)

Facilities for raising or showing animals shall be allowed on the grounds of public schools as long animals are not located within one hundred (100) feet from any residential property line.

(Ordinance 869 adopted 1/28/16)

X	Designates use permitted in district indicated
	Designates use prohibited in district indicated
S	Designates use that may be approved as Special Use Permit

(Ordinance 614 adopted 5/24/07)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Accessory Building to Main Use* No Shipping or intermodal container shall be allowed	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Boat; Boat Trailer	X	X	X	X	X	X	X	X	X	X	X	X	X
Billboard, Advertising													S
Carport	X	X	X	X	X	X	X	X	X	X	X	X	X
Construction Yard, Temporary*	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Home Occupation	X	X	X	X	X	X	X	X	X
Field/Sales Office*	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Garage, Private	X	X	X	X	X	X	X	X	X
Motor Home	X	X	X	X	X	X	X	X	X
Trailer; Cattle Trailer/ Travel Trailer/ Etc.	X	X	X	X	X	X	X	X	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Bed and Breakfast				S				S		X	X			X
Boarding /Rooming House								S		X	X			X
Dormitory								S		X	X			X
Duplex							X	S		X	X
Garden (Patio) Home*								S		X	X
Guest Home								S		X	X
Manufactured Home HUD-Code*									X
Manufactured Home Park*									X
Manufactured Home Subdivision									X
Mobile Home*									S
Motel/ Motor Hotel/ Motor Lodge										S	S	X	X	X
Move-In Houses		S	S	S
Multifamily Residence*								X						S
Residence Hotel								X		S	S
Retirement Home								X						X
Servant’s/ Caretaker/ Guard’s Residence		S												X
Single-Family Dwelling Attached	X	X	X	X		X	X	X
Single-Family Dwelling Detached	X	X	X	X		X	X	X
Townhouse/ Row Dwelling						X	X	X
Travel Trailer Park											X
Two-Family Dwelling							X	X
Zero Lot Line Dwelling							X	X	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Cemetery/ Mausoleum	S	S	S	S	S	S	S	S	S	S	S	S	S
Child-Care Center*										X	X
Church, Parsonage, Place of Worship	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Civic Center	X	X	X	X	X	X	X	X	X	X	X	X	X	X
College/ University	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Community Center (Private)	S	S	S	S	S	S	S	S	S	S	S	S		S
Community Center (Public)		X	X	X	X	X	X	X	X	X	X	X	X	X
Continuing Care Facility										S	X
Country Club, Private	X	S	S	S	S	S	S	S	S			X	X
Exhibition Area	X									S	S	S	S
Fairgrounds	X										S	S	S
Family Home	S	S	S	S	S	S	S	S
Farm/Ranch/ Orchard	X	S										S	S
Feedlot/ Livestock	S
Fraternal Organization	X									X	X	X	X	X
Golf Course/ Driving Range	X										S	X	X
Greenhouse/ Plant Nursery, Commercial	X									S	S	X	X
Greenhouse/ Plant Nursery, Private	X	X	X	X	X	X	X		X
Health Club/ Gymnasium										X	X	X
Hospital, Chronic/ Acute, Long-term Care										X	X	X	S	X
Household Care Facility								X	S	X	X
Kennel	S										S	X	X
Library		S	S	S	S	S	S	S	S	X	X	X
Museum/ Art Gallery	X	S	S	S	S	S	S	S		X	X	X		X
Nursery School/ Kindergarten		S	S	S	S	S	S	S	S	S	X
Park/Playground/Recreation Center, Private		S	S	S	S	S	S	S	S	S
Park/ Playground/ Recreation Center, Public	X	X	X	X	X	X	X	X	X	X	X			X
Personal Care Home, Custodial Care		S	S	S	S	S	S	S	S
Prison/ Jail/ Place of Incarceration	S										S	S	S
Race Track	S
Registered Family Home		S	S	S	S	S	S	S	S	S	S
Rehabilitation Care, Facility											S	S	S
Rehabilitation Care, Institution	S										S	S	S
Rest Home/ Nursing Home										S	X	X	X
Rodeo Arena and Grounds	S										S	S	X
School; Primary/ Secondary	X	X	X	X	X	X	X	X	X	X	X	X	X	X
School, Trade/ Commercial	S									S	S	X	X
Shooting Range/ Target Range, Indoor										S	S	S	S
Shooting Range/ Target Range, Outdoor	S
Stable, Commercial	X												S
Stadium/ Play Field, Public	S	S	S	S	S	S	S	S	S	X	X
Swimming Pool, Private	X	X	X	X	X	X	X	X	X	S	S	S	S	X
Swimming Pool, Commercial/ Public	S	S	S	S	S	S	S	S	S	S	S	S	S	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10; Ordinance 903, sec. 1, adopted 4/27/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Airport/ Landing Field	S	S										S	S
Electric Power Generating Plant	S											X	X
Electrical Substation	X	S	S	S	S	S	S	S	S	S	S	X	X	X
Franchised Utility (Public or Private)	X	X	X	X	X	X	X	X	X	X	X	X	X
Gas Metering Station	X	S	S	S	S	S	S	S	S	S	S	S	X	X
Heliport or Helistop	S	S								S	X	X	X
Landfill												S	S
Liquefied Petroleum Gas, Storage/ Sales (No Bulk Plants)											S	X	X
Radio/ Television/ Telephone/ Microwave Tower: Amateur*	S	S	S	S	S	S	S	S	S	S	S	S	S
Radio/ Television/ Telephone/ Microwave Tower: Commercial*	S										S	S	S
Railroad Station	X										X	X	X
Railroad Track & Right-of-Way	X										X	X	X
Service Yard of Government Agency	S									X	X	X	X
Sewage Pumping Station	X	X	X	X	X	X	X	X	X	X	X	X	X
Sewage Treatment Plant	S										X	X	X
Shops/ Office/ Storage Area of Public/ Private Utility	S										S	X	X
Solid Waste Transfer	S											X	X
Telephone Exchange Station										S	S	X	X
Transit Station/ Turnaround	X	X	X	X	X	X	X	X	X	X	X	X	X
Water Pumping Station/ Well	X	X	X	X	X	X	X	X	X	X	X	X	X
Water Storage	X	X	X	X	X	X	X	X	X	X	X	X	X
Water Treatment Plant	S										X	X	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 903, sec. 1, adopted 4/27/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Auto Laundry										S	X	S	X
Auto Leasing										S	S	S	X
Auto Paint & Body Shop											S	S	X
Auto Parts Sales, Inside										X	X	X	X	X
Auto Parts Sales, Outside												S	S	X
Auto Repair, Major											S	X	X	X
Auto Repair, Minor											X	X	X
Auto Sales											S	S	X
Auto Service										S	X	X	X
Auto Wrecking Yard/ Salvage Yard													S
Bus Terminal											X	S	X
Car Wash										S	X	X	X	X
Farm Equipment Sales	S										S	S	X
Farm Equipment Repair & Service	S										S	S	X
Machinery Sales & Service, Heavy											S	X	X
Motorcycle Sales & Service										S	S	X	X
Parking Lot/ Parking Garage, Light										X	X	X	X
Parking Lot/ Parking Garage, Heavy												X	X
Quick Oil Change Facility										S	X	X	X
Tire Dealer, Inside Storage											S	X	X
Tire Dealer, Outside Storage												S	X
Tire Retreading/ Recapping												X	X
Trailer Sales											S	S	X
Truck and Bus Leasing											S	S	X
Truck and Bus Repair												S	X
Truck/ Motor Freight Terminal											S	S	X
Truck Sales, New											X	S	X
Truck Sales, Used											S	S	X

Notes:
*See Supplemental Use Regulations

(Ordinance 614 adopted 5/24/07; Ordinance 903, sec. 1, adopted 4/27/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Air Conditioning & Refrigeration Contractor											S	X	X
Amusement, Commercial (Indoor)										S	S	X	X
Any establishment which derives more than 75 percent of its revenue from the sale of alcoholic beverages and conforms to Chapter 4 of the City Code of Ordinances											S	S	S
Amusement, Commercial (Outdoor)	S										S	S	X
Antique Shop										X	X	X		X
Arcade										S	S	S	S
Arts & Crafts Store										X	X	X	X
Auction (Not to Include Auto/ Truck/ Trailer)										S	S	S	S
Bakery & Confectionery, Retail Sales										X	X	X	X
Bakery & Confectionery, Commercial												X	X
Bank/ Savings & Loan/ Credit Union										X	X	X	X
Barber Shop										X	X	X	X
Barber School/ College										X	X	X	X
Beauty Culture School/ Cosmetology Specialty Shop										X	X	X	X
Beauty Shop										X	X	X	X
Boat Sales & Storage											S	S	X
Building Materials, Inside Sales										X	X	X	X
Building Materials, Outside Sales										S	X	S	X
Business Service										X	X	X	X
Cabinet & Upholstery											S	X	X
Cleaning and Dyeing, Small Plant/ Shop										S	X	X	X
Clinic, Medical/ Dental										X	X	X	X
Club, Private										S	S	S	S
Convenience Store										X	X	X	X
Counseling Services										X	X	X	X
Custom Personal Service Shop										X	X	X	X
Discount/ Variety/ Department Store										X	X	X	X
Drapery/ Needlework/ Weaving Shop										X	X	X	X
Dry Cleaning										X	X	X	X
Feed & Farm Supply, Inside Sales/ Storage	S										X	X	X
Feed & Farm Supply, Outside Sales/ Storage	S										S	S	X
Flea Market										S	S	S	S
Florist										X	X	X	X
Food/ Grocery Store										X	X	X	X	X
Furniture/ Appliance Store										X	X	X	X	X
Furniture/ Appliance Service & Repair										S	X	X	X
Garden Center, Retail Sales										S	X	S	X	X
General Merchandise Store										S	X	X	X	X
Gymnastic/ Dance Studio										S	X	X	X
Handcraft Shop										X	X	X	X
Household Appliance Service & Repair										S	X	X	X
Laboratory, Medical/ Dental										X	X	X	X
Laboratory, Scientific or Research											S	X	X	X
Laundry & Cleaning											X	X	X	X
Manufactured Housing/ Mobile [Home] Display & Sales									S		S	S	X
Massage Establishment										X	X
Medical Supplies/ Sales/ Service										X	X	X	X
Metal Dealer, Crafted Precious										X	X	X	X
Metal Dealer, Secondhand													S
Mortuary/ Funeral Home											S	X	X	X
Newspaper Printing											S	X	X
Office Center										S	S	X	X	X
Office; Professional/ General Administrative										X	X	X	X	X
Office; Showroom/ Warehouse										S	S	X	X	X
Pawnshop												S	S
Pet Shop										S	X	X	X
Pharmacy										X	X	X	X
Plumbing/ Heating/ Refrigeration/ Air Conditioning											X	X	X
Plumbing Service											X	X	X
Portable Building Sales												S	X
Post Office; Government/ Private										X	X	X	X
Print Shop										S	S	X	X
Racquetball Facilities										S	S	X	X
Restaurant/ Cafeteria, with Drive-In Service or Drive-Through										X	X			X
Restaurant/ Cafeteria, Dine-In Service Only										X	X	X	X	X
Retail Shops/ Stores										X	X	X	X
Secondhand Store, Furniture/ Clothing										S	S	X	X
Service, Retail										S	S	X	X
Shopping Center										S	X	X	X
Studio, Artist/ Musician/ Photographer										X	X	X	X
Studio, Radio/ Television										S	S	X	X	X
Taxidermist										S	X	X	X
Theater, Indoor										S	S	S	S
Theater, Outdoor	S										S	S	S
Tool Rental Shop										S	S	X	X
Trailer Rental											S	S	X
Veterinarian Clinic, Inside Pens										S	S	X	X	X
Veterinarian Clinic, Outside Pens											S	S	X

(Ordinance 614 adopted 5/24/07; Ordinance 721, sec. 3, adopted 2/25/10; Ordinance 903, sec. 1, adopted 4/27/17; Ordinance 908 adopted 5/15/17)

	Zoning Districts
Type of Use	A	SF-E	SF-1	SF-2	SF-3	TH	D	MF	MH	C-1	C-2	I-1	I-2	DB
Acetylene Gas Manufacturing or Storage	S											S	X
Advertising Displays Manufacture												X	X
Apparel & Other Products Assembled From Finished Textiles												X	X
Arsenal													S
Asphalt Manufacture/ Refining													S
Bag Cleaning													S
Boats, Building or Repair												S	X
Boiler Works												X	X
Bookbinding, Excluding Hand Binding												X	X
Bottling Works												X	X
Brick/ Tile/ Pottery/ Terra-Cotta Manufacture, Other than Handcraft												S	X
Brooms/ Brushes, Manufacture												X	X
Building Materials											S	S	X
Cameras/ Photographic Equipment										S	S	X	X
Candle Manufacture												X	X
Carpet Manufacture or Cleaning												X	X
Celluloid Manufacture or Treatment												X	X
Cement/ Lime/ Gypsum/ Plaster of Paris Manufacture													S
Ceramics/ Stone/ Glass Marble/ Porcelain Products Manufacture												X	X
Chemical Manufacture													C [S]
Cleaning & Dyeing; Dry Cleaning Plant												X	X
Concrete Plant												S	S
Contractor’s Shop & Storage Yard (Temporary)	S	S	S	S	S	S	S	S	S	S	S	S	S
Cosmetic Manufacture												X	X
Cotton Gin													X
Cottonseed Oil Manufacture													X
Dairy Processing, Manufacturing Products	S											S	X
Distillation of Bones, Coal or Wood													S
Drugs or Pharmaceutical Products Manufacture												S	X
Electrical Appliances, Supplies, and Machinery, Assemble or Manufacture												X	X
Electronic Products, Assembly or Manufacture												X	X
Emery Cloth/ Sandpaper Manufacture												S	X
Explosives/ Fireworks Manufacture/ Storage													S
Fat Rendering													S
Fertilizer Manufacture													S
Fiberglass Manufacture													S
Food Products Processing											S	S	X
Forge Plant													X
Foundry; Iron/ Steel/ Brass/ Copper													X
Fur Good Manufacture (Not Including Tanning or Dyeing)												X	X
Furniture & Upholstery Manufacture												X	X
Garbage/ Offal or Dead Animal Reduction													S
Gas Manufacture													S
General Commercial Plant												S	S
Glass Products												X	X
Glue or Gelatin Manufacture													S
Grain Elevator	S												S
Hatchery	S												S
Household Appliance Products Assembly & Manufacture From Prefabricated Parts												X	X
Ice Production, Dry or Natural												X	X
Industrial Park												X	X
Junkyard/ Salvage Yard													S
Laundry Plant												X	X
Light Manufacturing												X	X
Livestock Feed Yard	S
Mill; Grain/ Flour/ Food Products	S											S	S
Mines & Quarries													S
Musical Instrument Manufacture												X	X
Oil Field Service												S	X
Oil/ Gas/ Other Mineral Extraction; Injection well
Oilcloth/ Linoleum Manufacture												S	X
Ore Reduction													S
Orthopedic or Medical Appliance Manufacture												X	X
Paint/ Oil/ Shellac/ Turpentine/ Varnish Manufacture												X	X
Paper Products Manufacture													S
Petroleum Products, Sales, Wholesale	S											S	X
Petroleum Products, Bulk Quantities													S
Pipe Sales & Supply												S	X
Plastic Products Manufacture (Not Including Processing or [of] Raw Materials)												S	X
Pump Sales/ Repair & Maintenance												X	X
Scrap Metal Sales & Storage													S
Self-Storage; Mini-Warehouse												X	X
Sporting Athletic Equipment Manufacture												X	X
Steel Fabrication												S	X
Storage/ Wholesale Warehouse, Light												S	X
Storage/ Wholesale Warehouse, Heavy												S	X
Tire Recapping/ Vulcanizing													S
Tools/ Hardware Manufacture												S	X
Toys/ Novelty Projects Manufacture												S	X
Window Shade/ Awnings/ Venetian Blind Manufacture												X	X
Wrecking/ Junk/ Salvage Yard													S
Yeast Manufacture													S