The City of Stafford, Texas is hereby divided into the following zoning districts. The use, height, area regulations, and other development and performance standards, as set out herein apply to each district. The districts established herein shall be known as:

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District SFR is a low density single-family residential dwelling district in accordance with the future land use plan as identified in the comprehensive plan and is subject to the city's most restrictive regulations designed to prevent the encroachment of incompatible uses. Low density residential reflects traditional neighborhoods of approximately six units to the acre. No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, converted, enlarged, or structurally altered within District SFR except in accordance with the provisions of this section.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the SFR district are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Lot size requirements.

(1)

Minimum lot area: 7,150 square feet; notwithstanding the foregoing, lots may be created in a subdivision having less lot size than required above if:

a.

The average lot size in the subdivision is not less than 7,150 square feet;

b.

Fifty percent or more of the lots in the subdivision contain 7,150 square feet or more;

c.

No lot in the subdivision is less than 55 feet in width;

d.

No lot in the subdivision contains less than 6,000 square feet;

e.

No lot shall be deemed to contain more than 9,000 square feet in computing the average lot size within the subdivision; and

f.

Common areas dedicated for use of the residents of a subdivision may be included in computation of the average lot size as provided in chapter 82 of the Code of Ordinances.

(2)

Minimum lot width: 65 feet; provided, however, lots may be created having less width than provided if created pursuant to a subdivision with an average lot size of 7,150 as provided above. Provided, further, lots on curved streets or fronting on the turnaround portion of a cul-de-sac may be created having a minimum width of 50 feet at the front building line.

(3)

Minimum lot depth: 110 feet; provided, however, lots may be created having less depth than herein provided if created pursuant to a subdivision with an average lot size of 7,150 square feet as provided above.

(4)

Special exception: Notwithstanding the foregoing provisions of section above, the board of adjustment may grant a special exception to allow the encroachment of buildings or structures into a required side yard adjacent to a side street if:

a.

The applicable lot was created by a subdivision plat which was recorded prior to the date of adoption of this chapter;

b.

The proposed encroachment would not be in violation of the side yard setback established by the plat;

c.

The special exception would expire if a building permit was not applied for on or before April 2, 1999; and

d.

The special exception would expire if substantial construction was not begun within six months following issuance of the applicable building permit.

(5)

Height regulations prescribed herein shall not apply to satellite earth station antennas or any personal communication electronic facilities protected by the Federal Telecommunications Act of 1996 (47 USC 251 et seq.).

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District SFR-5 is a medium density single-family residential dwelling district, in accordance with the future land use plan as identified in the comprehensive plan and is subject to the city's most restrictive regulations designed to prevent the encroachment of incompatible uses. The average lot density would be no greater than eight units to the acre. No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, converted, enlarged, or structurally altered within District SFR-5 except in accordance with the provisions of this section.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the SFR-5 District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Lot size requirements.

(1)

Minimum lot area: 5,000 square feet; notwithstanding the foregoing, lots may be created in a subdivision having less lot size than required above if:

a.

The average lot size in the subdivision is not less than 5,000 square feet;

b.

Fifty percent or more of the lots in the subdivision contain 5,000 square feet or more;

c.

No lot in the subdivision is less than 50 feet in width;

d.

Common areas dedicated for use of the residents of a subdivision may be included in computation of the average lot size as provided in chapter 82 of the Code.

(2)

Minimum lot width: 50 feet; provided, however, lots may be created having less width than provided if created pursuant to a subdivision with an average lot size of 5,000 as provided above. Provided, further, lots on curved streets or fronting on the turnaround portion of a cul-de-sac may be created having a minimum width of 50 feet at the front building line.

(3)

Minimum lot depth: 100 feet.

(4)

Height regulations prescribed herein shall not apply to satellite earth station antennas or any personal communication electronic facilities protected by the Federal Telecommunications Act of 1996 (47 USC 251 et seq.).

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District SFA is a medium density single-family residential dwelling district, in accordance with the future land use plan as identified in the comprehensive plan and is subject to the city's most restrictive regulations designed to prevent the encroachment of incompatible uses. Predominantly allowing duplex and townhome uses, the SFA district provides a variety of housing mix to the community. No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, converted, enlarged, or structurally altered within District SFA except in accordance with the provisions of this section.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the SFA District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District MFR is established as a multifamily residential dwelling district to accommodate high density residential development in accordance with the future land use plan as identified in the comprehensive plan and includes apartments, condominiums, or other multifamily residential dwelling development. The district's standards are designed to safeguard multifamily developments from adverse effects of adjacent nonresidential development, as well as to ensure that multifamily developments do not disturb adjacent single-family residential dwelling use. The regulations applicable to the district are further structured so as to safeguard the disproportionate development of the city toward multifamily residential dwelling use.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the MFR District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Spacing requirements. In the event more than one building containing multifamily dwelling units is to be located on a single lot or tract, such buildings shall be not less than 15 feet apart; provided, however, in the event such buildings are situated so that the fronts of each such buildings face the other, they shall be not less than 40 feet apart.

(b)

Green space and common recreational area. A minimum of 50 percent of the gross platted area shall be open green space and common recreational areas. Said open green space and common recreational areas shall be areas not specifically designated or used as building sites for dwelling units, building sites for utility or storage buildings, parking lots, garages, streets or driveways within the multifamily development. The actual surface area of open green space, such as lawns and landscaping and common recreational areas such as swimming pools and surrounding paved deck, tennis courts, community rooms, saunas, and other recreational areas, shall be considered in calculating the minimum requirement for open green space and common recreational areas. Required buffer yards, except surfaced parking and driveways located within said buffer yards, if any, may be included in computing the minimum required area of green space and common recreational areas.

(c)

Screening and buffer yard. Screening shall be provided by the developer of a multifamily residential use between the multifamily dwelling development and any adjacent single-family dwellings or lots within District SFR or District SFR-5, developed or undeveloped, which screening shall include a screening wall of eight feet in height, and otherwise meet all applicable requirements for screening and buffer yards as required in section 102-152.3

(d)

Right to reconstruct at existing density. Notwithstanding the provisions of section 102-103.7 existing multifamily dwelling developments may be rebuilt in district MFR, in the event of damage or destruction, at the same unit per acre density that existed prior to such damage or destruction.

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of Article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District AE is established to accommodate small-scale mixed commercial uses which complement and support uses devoted to the arts, entertainment, education, and tourism industries and to encourage quality development and redevelopment of lands within the district to promote and enhance those uses.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the AE District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(Ord. No. 1089, § 1, 6-28-2017)

Editor's note— Ord. No. 1178, § 1, adopted September 16, 2020, repealed § 102-75.4, which pertained to additional development requirements and derived from Ord. No. 1089, adopted June 28, 2017.

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of Article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District RCT is established as a multiple use district to accommodate large scale development on lands lying north of U.S. Highway 90A with strict enforcement of performance standards, to preserve and protect appropriate locations for a wide range of existing and future high tech industries and distribution centers that rely upon regional accessibility through proximity to major highways and railways. In addition, the district is designed to accommodate existing and future large scale retail, office, hotel, and multifamily residential development associated with Highway 59 frontage in accordance with applicable policies as set forth in the land use policy plan.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the RCT District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Patio home lot size requirements. Provided the gross density, including common areas and roadways, shall not exceed six units per acre, the following individual lot size requirements shall apply.

(b)

Green space and common recreational area. Not less than 40 percent of the gross platted area, including roadways, of the subdivision or section thereof devoted to patio home development, shall be designated as green space and common recreational areas. Green space and common recreational areas shall be not less than 40 feet in width.

(c)

Minimum number of lots. There shall be at least four patio home lots in each project.

(d)

Parking. Each patio home shall have a two-car garage and shall have at least one on-site parking space per patio home which is outside of the garage.

(e)

Screening. There shall be a screening wall or fence at least six feet in height, constructed of permanent material of stone, brick, pierced brick, cement block, wrought iron, or other permanent material of equal character, density and design, where the solid area equals at least 65 percent of the wall or fence surface, including entrance gates where applicable.

(f)

Orientation of patio home lots. All lots within a patio home subdivision shall face upon a private street and shall be served by an alley. No front loading garages shall be allowed within a patio home subdivision. When patio home lots face upon an open or common area, other than a private street, such open or common area shall be at least 40 feet in width.

(g)

Height regulations. There shall be no limit on the height of nonresidential buildings in District RCT, except that no nonresidential building or structure located in District RCT that is on a lot adjacent to a lot in District SFR, or District SFR-5, or adjacent to a lot devoted to residential use, shall exceed 45 feet in height, plus one foot of additional height for each two feet of additional setback over 45 feet, as measured from the outermost point of the nearest nonresidential building line to the nearest point on the lot that is zoned residential or in residential use. Where the street frontage on one side of the street between two intersecting streets is zoned "SFR" or "SFR-5" residential, or is in residential use, in whole or in part, and the other side of the street is zoned "RCT," then the residential lots shall be considered "adjoining lots" and the street width shall be counted in computing the allowable height of any nonresidential building in District RCT.

(h)

Screening. Screening and buffer yards shall be required as provided in section 102-152.

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District PC is for the areas along and adjacent to F.M. 1092 North and South of U.S. 90A and areas South of U.S. 90A, as shown on the District PC map as it may be amended from time to time. This corridor is highly visible within the community and region and therefore, contributes significantly to the visual impressions formed by those who traverse it. The purpose of this district is to enhance the aesthetic character along this primary corridor as a means to preserve and enhance property values, business opportunities, and community identity. The standards of this district redefine the permitted and specific uses and establish parameters for accessory uses. They also require improved building and site design; better outdoor storage and displays; and enhanced landscaping, screening, and buffering.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the PC District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

See article VII for additional development standards

(a)

Area regulations, townhomes. Applicable only to single-family attached townhomes approved with a Specific Use Permit:

(1)

Minimum site area: One acre.

(2)

Minimum landscape surface ratio: Ten percent.

(3)

Net density: 17 units per acre.

(4)

Floor area ratio: 0.63.

(b)

Regulations, nonresidential:

(1)

Minimum landscape surface ratio:

a.

Retail = Ten percent.

b.

Office = 15 percent.

c.

Light industry = 15 percent.

(2)

Maximum floor area ratio (FAR):

a.

Retail = 0.33.

b.

Office = 0.43.

c

Light industry = 0.47.

(c)

Calculating floor area ratio (FAR): Floor area ratio is calculated as: Site area (square feet) × FAR = maximum allowable floor area. This means the number of square feet of building area divided by the number of square feet of land in the parcel, minus land required for setbacks and other restrictions, proposed for development. The building area does not include the floor area within parking structures.

(d)

Height regulations: The maximum building height shall be 75 feet; provided, however, that if adjacent to District SFR or District SFR-5, adjacent to a lot devoted to a conforming residential use, or adjacent to a structure of a lesser building height, the maximum height shall be 45 feet at the setback plus one foot of increased height for each two feet of additional setback.

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District IS encompasses the area within the Island, land that is bound by the eastbound and westbound lanes of U.S. 90-A. This area is unique due to its location, linear orientation, and the configuration and size of properties. For these reasons it warrants special standards. The purpose of this district is to encourage reinvestment, redevelopment, and/or new development as a means to create a distinct focal point for the community and region. The standards of this district offer increased flexibility in recognition of its development constraints and incentives by way of floor area bonuses for vertical mixed use, centralized and preferably structured parking, as well as property assembly. The standards of this district are designed to encourage an enhanced development quality. Ultimately, the vision of this district is one of an urban character distinguished by increased development intensity.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the IS District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

Height and bulk regulations: The landscape surface ratio (LSR) and floor area ratio (FAR) requirements for different use types and parking arrangements are shown in the table below: Height and Bulk Standards. The floor area ratio is calculated as: site area (square feet) × FAR = maximum allowable floor area.

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District RCLM is established to accommodate retail, commercial and light manufacturing uses that include fabrication, assembly or processing of materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth, soot or lighting to a degree that is offensive when measured at the property line of subject property; along with wholesale warehousing and office uses to encourage quality development and redevelopment in those areas of the city that are undeveloped, or are candidates for redevelopment, but which are not well suited for residential or residential type uses.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the RCLM District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Maximum lot coverage. As required to comply with the landscaping requirements of article VII and as necessary to comply with applicable buffer yard requirements of this chapter.

(b)

Maximum height. There shall be no limit on the height of nonresidential buildings in District RCLM, except that no nonresidential building or structure located in District RCLM that is on a lot adjacent to a lot in District SFR, or District SFR-5, or adjacent to a lot devoted to residential use, shall exceed 45 feet in height, plus one foot of additional height for each two feet of additional setback over 45 feet, as measured from the outermost point of the nearest nonresidential building line to the nearest point on the lot that is zoned residential or in residential use. Where the street frontage on one side of the street between two intersecting streets is zoned SFR or SFR-5 residential, or is in residential use, in whole or in part, and the other side of the street is zoned RCLM, then the residential lots shall be considered adjacent lots and the street width shall be counted in computing the allowable height of any nonresidential building in District RCLM.

(Ord. No. 1089, § 1, 6-28-2017)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District MU is established to accommodate mixed uses in accordance with the future land use plan as identified in the comprehensive plan and through the strict enforcement of performance standards that will encourage quality development and redevelopment of small-scaled mixed commercial and residential uses on lands that are currently undeveloped, or are candidates for redevelopment, located in the city. Mixed use developments will have a dense residential component, which will be critical in ensuring the vibrancy and synergy of the area.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the MU District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Maximum lot coverage. As required to implement the landscaping requirements of section 102-155, and as necessary to comply with applicable buffer yard requirements of section 102-155.9.

(b)

Height regulations prescribed herein shall not apply to satellite earth station antennas or any communication electronic facilities protected by the Federal Telecommunications Act of 1996 (47 USC 251 et seq.).

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. District MU-1 is established to accommodate mixed uses in accordance with the future land use plan as identified in the comprehensive plan and through the strict enforcement of performance standards that will encourage quality development and redevelopment of small-scale mixed commercial and residential uses on lands within the city, including parcels adjacent to major collector streets and thoroughfares, as well as other areas that are currently undeveloped, or are candidates for redevelopment.

(Ord. No. 1089, § 1, 6-28-2017)

Permitted uses in the MU-1 District are listed in the permitted use table under section 102-83.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Maximum lot coverage. As required to implement the landscaping requirements of section 102-155 and as necessary to comply with applicable buffer yard requirements of section 102-155.9.

(b)

Maximum height. Eight stories not to exceed 100 feet in height, measured from the top of the foundation. Height regulations prescribed herein shall not apply to satellite earth station antennas or any communication electronic facilities protected by the Federal Telecommunications Act of 1996 (47 USC 251 et seq.).

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions of article VI — Off-Street Parking and Loading Requirements.

(Ord. No. 1089, § 1, 6-28-2017)

Any application for a specific use permit to be issued in this district, or for nonresidential construction shall be accompanied by a site plan and supporting documents in conformance with the provisions of section 102-101.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

Landscaping, screening, fencing and buffering requirements shall conform with the provisions of article VII — Development Standards.

(Ord. No. 1089, § 1, 6-28-2017)

Signage associated with any nonresidential uses shall be in conformance with the provisions of chapter 70 — Signs of the Code.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. The Planned Development District (PD) is intended to provide for flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, and circulation patterns and to best utilize special site features such as topography, size and shape. It is intended that the flexibility permitted by this zoning category extends to discretionary approval, through site plan review of items such as parking space requirements, building line setbacks, square footages of buildings and structures, protective screening, or sign placement and specifications in order to achieve the purposes and objectives stated in conformance with good planning practices and land utilization.

(1)

While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to prevent against misuse of the increased flexibility.

(Ord. No. 1089, § 1, 6-28-2017)

Development conditions for each separate PD District shall be set forth in the chapter granting the PD district and shall include but not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building size, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the city council and the planning and zoning commission may consider necessary.

(1)

The PD District shall conform to all other sections of this chapter unless specifically excluded in the granting ordinance.

(2)

The minimum acreage for a PD District request shall be two acres for all types of development.

(3)

For multi-family uses a common open space shall be designated for the leisure and recreational use of the occupants. The open space shall be a minimum of ten percent of the total land area devoted to the multi-family use. This requirement may be varied downward by the city council when a lesser amount of open space would be more appropriate based on the density of the development, the installation of private recreational amenities, or where the availability and nature of adjacent public open space is such that a lesser amount would adequately accommodate the development.

(Ord. No. 1089, § 1, 6-28-2017)

In establishing a PD District in accordance with this section, the city council shall approve as part of the amending ordinance, appropriate plans and standards for each PD District. During the review and public hearing process, the planning and zoning commission and city council shall require a conceptual plan and/or a detailed plan.

(1)

Conceptual plan. This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed PD District in a graphic manner and as may be required, supported by written documentation of proposals and standards for development.

(2)

A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. In addition, for residential development which does not propose more than one platted lot, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.

(3)

A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which shall be submitted by the applicant, or required by the planning commission or city council, shall include but is not limited to the types of use(s), topography and boundary of PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building height and location, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final detailed plan.

(4)

Detailed plan. This plan shall set forth the final plans for development of the PD District and shall conform to the data presented and approved on the conceptual plan. A detailed plan may be submitted in lieu of a conceptual plan only if it includes the entire area being proposed as a PD District. Approval of the detailed plan shall be the basis for issuance of a building permit. The detailed plan may be submitted for the total area of the PD or for any section or part as approved on the conceptual plan. The detailed plan must be approved by the city council upon recommendation of the planning and zoning commission.

a.

The detailed plan shall include:

1.

A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development; a vicinity map with a north arrow and scale graphic. This site inventory analysis shall include a delineation of any flood-prone areas.

2.

The plan shall also contain the name of the development, legal description, name and address of property owner, name and address of developer, and name and address of the preparer of the document.

3.

A land use plan delineating the specific areas to be devoted to various uses shall be required where multiple types of land uses are proposed.

4.

A scale drawing showing any proposed public or private streets and alleys, building sites or lots, and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes, the points of ingress and egress from existing streets, general location and description of existing and proposed utility services including size of water and sewer mains, the location and width for all curb cuts, and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract.

5.

A site plan for proposed building complexes showing the location of buildings and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

6.

A table shall be shown on the plan indicating the total amount of acreage; square footage for each building; maximum height of each building or structure; required and provided parking; maximum impervious surface coverage; maximum building coverage; and total open space required and provided.

7.

A landscape plan showing screening walls, open space, buffer yards and all proposed landscaping. Said plan shall contain a table indicating required and proposed landscaping requirements such as number of trees, shrubs, open space, required and proposed buffer yard, and percentage of landscaping required and provided.

8.

An architectural plan showing elevations and signage style to be used throughout the development for all uses except single-family and two-family may be required by the planning and zoning commission or city council, if deemed appropriate. All pedestrian walks, malls, and open areas for use by tenants or the public; types of surfacing such as paving, or turf to be used at all locations on the site.

9.

The location of all outside facilities for waste disposal; location and orientation for all external illumination facilities; and location, size, height and orientation of all signs.

10.

Any or all of the required information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the mayor or his/her designee; however, topographical information shall be shown on a separate drawing.

(5)

Supplemental data. All concept or detailed plans may have supplemental data describing standards, schedules, or other data pertinent to the development of the PD District which is to be included in the text of the amending ordinance. Additional information necessary to support the supplemental data may be required by planning staff, the Planning and Zoning Commission or the City Council.

(Ord. No. 1089, § 1, 6-28-2017)

Procedure for establishing a PD District shall follow the procedure for zoning amendments as set forth in article V of this chapter. This procedure is further expanded as follows for approval of conceptual and detailed plans:

(1)

Separate public hearings shall be held by the planning commission and city council for the approval of the conceptual plan and the detailed plan or any section of the detailed plan unless such requirement is determined to be not necessary by the city council when it is determined a single public hearing is adequate. A single public hearing is adequate when:

a.

The applicant submits adequate data with the request for the PD District to fulfill the requirements for both plans.

b.

Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from this plan.

c.

The amending ordinance provide the conditions that fulfill the requirements of both plans.

d.

The ordinance establishing the PD District shall not be approved until the conceptual plan is approved unless the conceptual plan step is determined to be not necessary by the city council.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

When a PD District is being considered, a written staff report shall be submitted to the planning commission and city council discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, drainage, and transportation.

(Ord. No. 1089, § 1, 6-28-2017)

All PD Districts, approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map.

(Ord. No. 1089, § 1, 6-28-2017)

Upon request of the applicant, the mayor or his/her designee may authorize minor amendments to a detailed plan so long as such minor amendments do not change the land use or substantially change the character, development standards, or design of the development as shown on the approved detailed plan. For purposes of this provision, a ^" substantial change" shall mean a change which will increase the number of proposed dwelling units, increase the floor to area ratio, size of structure, height, lot coverage, or number of stories or buildings, reduce lot, or yard size, decrease the amount of required off-street parking spaces, change types of buildings, setbacks, street access points, or lots, increase density, change traffic patterns, or alter the basic relationship of the proposed development to adjacent properties. The mayor or his/her designee shall make such authorization only in writing and such document shall be placed in the ordinance file governing the specific plan.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Use of land and buildings. Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this chapter.

(b)

Permitted principal uses. No principal use shall be permitted in any district unless it appears in the following permitted use table.

(c)

Legend for the permitted use table.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1143, § 1, 6-19-2019; Ord. No. 1178, § 1, 9-16-2020; Ord. No. 1213, § 1, 1-19-2022; Ord. No. 1243, § 1, 4-19-2023; Ord. No. 1244, § 1, 4-19-2023; Ord. No. 1260, § 1, 9-20-2023)

(a)

Veterinary clinics shall conform to the following standards:

(1)

No livestock or large animals are permitted;

(2)

The use is conducted within a fully enclosed building, which shall be designed with noise resistant materials. No outdoor runs are permitted;

(3)

Use as a kennel shall be limited to short-time boarding and shall be only incidental to the hospital use; and

(4)

Plans and specifications for noise reduction materials shall be approved by the zoning administrator and through the site plan approval process.

(b)

Hotels. Hotels and other overnight accommodations shall adhere to the following:

(1)

Number of rooms. A hotel shall have at least 65 guest rooms.

(2)

Accessibility. A guest room shall be accessible only from an internal hallway.

(3)

Security cameras. A hotel shall install and maintain, in proper operating order, security cameras in each interior hallway and lobby, in the parking lots, and at each exterior door. The cameras shall be placed so as to provide visibility to the front and rear exteriors of the building and to the swimming pool area, if any. Monitors shall be provided for security and other hotel personnel so that on-site activities may be viewed at all times. The security cameras shall be equipped with recording devices capable under normal lighting and operating conditions of producing reasonable photographic images of the persons in the specified areas. Video recordings from security cameras shall be operating 24 hours a day and shall be kept a minimum of 30 days.

(4)

Exterior doors. Exterior doors (other than lobby doors) shall be locked after 11:00 p.m. and shall be equipped with an alarm or other device that will alert hotel security and other personnel when the door has been opened.

(c)

Big box retail shall conform to the following standards:

(1)

Sidewalks are provided as follows:

a.

At least 12 feet in width along the front of the building;

b.

At least five feet in width along the sides of the building;

c.

At least five feet along the perimeter of the property abutting any street, public or private, or any access road adjacent to or providing ingress/egress to the site.

(2)

Landscaping, screening and buffering meet the standards as per section 102-155.

(d)

Auto repair garage, minor, shall conform to the following standards:

(1)

Buildings shall have pitched roofs.

(2)

Roofs and canopies shall be of the same architectural style and color as the building, and shall also have pitched roofs.

(3)

The columns supporting the canopy shall be clad in a material that conforms to section 102-150.

(4)

Color schemes that are associated with motor fuel company logos are not used as paint colors on any building or canopy.

(5)

Car wash structures must have the same architectural style, color, and materials as the building; and must be located behind the main building in relation to U.S. 90-A or F.M. 1092.

(6)

All vehicle repair and maintenance services are conducted entirely indoors.

(7)

Overhead doors are opaque, painted to match the primary building material, and perpendicular to U.S. 90-A and F.M. 1092.

(8)

Vehicles awaiting repair are each provided a single-loaded parking space.

(9)

Vehicles which are stored outside must be screened according to section 102-152.

(e)

Nursery schools shall conform to the following standards:

(1)

Outdoor play areas are enclosed by an opaque wood fence or a fence made of other material compatible with the building that is at least six feet in height.

(2)

There is sufficient site parking and vehicular circulation to accommodate peak period drop-off and pick-up activities as shown on the site plan.

(f)

Institutional, residential, shall conform to the following standards:

(1)

The buildings are residential in character.

(g)

Public utility shall conform to the landscape buffer requirements in section 102-155.9.

(h)

Amusement center, outdoor, shall conform to the following standards:

(1)

Buffer along loading area.

(i)

Industrial, light adjacent to property zoned residential or used for residential purposes, shall conform to the following standards:

(1)

All light industrial activities must be performed entirely inside within an enclosed structure;

(2)

A setback of 50 feet shall be provided adjacent to all residential land uses;

(3)

No outdoor storage of materials, equipment or products;

(4)

No deliveries or product distribution between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 11:00 p.m. and 9:00 a.m., Saturday and Sunday;

(5)

No solid waste collection conducted between 10:00 p.m. and 7:00 a.m. Monday through Sunday;

(6)

Structures must be constructed as per design standards within article VII.

(7)

The property must have a screening wall between the proposed project and any residential property. The wall shall be constructed of masonry construction and 100 percent opaque;

(8)

Development must be in conformance with landscape standards within section 102-155;

(9)

Exterior lighting shall be directed so that it does not impact adjoining residential property.

(j)

Dwelling, single-family attached.

(1)

Green space and common recreational area. Not less than 35 percent of the gross platted area, including roadways, of the subdivision or section thereof devoted to townhouse development shall be designated as green space and common recreation areas. Green space and common recreation areas shall be not less than 40 feet in width.

(2)

Minimum number of lots. There shall be at least four townhouse lots in each project.

(3)

Parking. Each townhouse shall have a two car garage and shall have at least one on-site parking space per townhouse which is outside of the garage.

(4)

Screening. There shall be a screening wall or fence at least six feet in height. Said screening wall or fence shall be constructed of permanent material of stone, brick, pierced brick, cement block, wrought iron, or other permanent material of equal character, density, and design where the solid area equals at least 65 percent of the wall surface, including entrance gates where applicable.

(k)

Drive-through facilities. Drive-through facilities are permitted as an accessory use in District PC provided that:

(1)

The building from which the drive-through services are provided has a pitched roof, and the required canopy over the drive-through has a roof with the same pitch, materials, and colors; and architectural elements that integrate the canopy into the principal building structure.

(2)

The service area and outdoor speakers are directed away from abutting and nearby properties that are used or zoned for residential use.

(3)

Buffer yards along boundary with residential uses.

(l)

After the effective date of this chapter, manufactured homes and manufactured home subdivisions shall be zoned as a planned development (PD) zoning district pursuant to section 102-82.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1135, § 1, 4-3-2019)

(a)

Notwithstanding any other provision contained in this chapter to the contrary, on a double frontage interior lot or a corner lot, the depth of the required yard adjacent to the side or rear street, as applicable, shall be not less than any required front yards on the same side of such street between intersecting streets; provided, however, the buildable width of a lot of record shall not be reduced to less than 30 feet.

(b)

No accessory building shall project into or over a required yard adjacent to a street.

(c)

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of windowsills, belt courses, cornices or other ornamental features.

(d)

A roof overhang, an open fire escape or an outside stairway may project not more than three feet into a required yard, but no closer than three feet to a lot line.

(e)

In District SFR and District SFR-5 an accessory building not exceeding 20 feet in height may occupy a maximum of 25 percent of the required rear yard, and unenclosed parking spaces may occupy a maximum of 80 percent of the area of a required rear yard provided that the total lot coverage shall not exceed the maximum allowable for the district in which the lot is located. No accessory building shall be closer to any rear or side lot line than applicable zoning district regulations allow.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Authorization. Home occupations shall be permitted in residential zoning districts provided such home occupation is incidental and subordinate to the use of the premises for single-family residential purposes and in compliance with the provisions below.

(b)

Purpose. To ensure the protection and preservation of the residential character of residential zoning districts and to ensure that home occupations do not interfere with the peace and enjoyment of surrounding homes as places of residence, the following regulations are applicable to the conduct of home occupations:

(1)

No home occupation shall result in an increase in the number of motor vehicles parking or traveling to and from the applicable dwelling over that which is customary in a single-family residential neighborhood.

(2)

No stock in trade shall be stored, displayed or sold on the premises.

(3)

Only members of the family residing on the premises shall be employed in the home occupation.

(4)

No mechanical, explosive, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the dwelling or any accessory structure shall be used.

(5)

Outdoor storage of equipment or material shall be prohibited.

(6)

The home occupation shall be conducted entirely within the main dwelling unit or within an accessory structure thereto and the conduct of the home occupation shall not be visible from any street or adjacent property, public or private.

(7)

No internal or external alterations, special construction, or other similar feature shall be added to the main dwelling unit or accessory structure thereto.

(8)

No sign or visual information of any type shall be permitted on the premises or by published or printed matter, except as follows:

a.

Word-of-mouth by telephone or face-to-face;

b.

Internet;

c.

Listing in telephone directories and business journals and directories; and

d.

Business cards and stationery.

(c)

Occupations permitted. Subject to the foregoing limitations, examples of permitted home occupations include:

(1)

Artist, writer or craftsman's studio;

(2)

Dressmaking;

(3)

Professional practices (such as computer programming, engineering, accounting and court reporting);

(4)

Music teaching of no more than two pupils at one time;

(5)

Babysitting or limited child care for not more than six children unrelated to the person providing the child care;

(6)

Cottage food production industry as allowed by V.T.C.A., Health and Safety Code ch. 437.

(Ord. No. 1089, § 1, 6-28-2017)

Accessory uses and structures are permitted in any zoning district in connection with any main use lawfully existing within such district provided that all accessory structures shall comply with applicable regulations for the district in which the structure is located.

Uses and structures that are accessory to permitted uses are allowable if all of the following are demonstrated:

(1)

Generally.

a.

The use or structure is subordinate to and serves the principal use.

b.

The use or structure constitutes less than 15 percent of the total gross floor area of the principal use.

c.

The principal use is a permitted use or has been approved as a specific use.

d.

The use or structure is located on the same lot of record and in the same zoning district as the principal use.

e.

The principal use is established before the accessory use, and the accessory use is terminated upon termination of the principal use.

f.

No accessory use or structure shall be erected in any required setback area.

(Ord. No. 1089, § 1, 6-28-2017)

Temporary uses incidental to construction, but not otherwise lawful within a district, shall be authorized during periods of construction of buildings or structures otherwise permitted in such district.

(Ord. No. 1089, § 1, 6-28-2017)

Temporary buildings accessory to new construction are permitted, provided such are razed within 30 days after substantial completion of construction. Temporary real estate sales offices located within the subdivision, for which lots are being sold are permitted, but limited to the period of actual sales and not exceeding two years.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

The purpose of this section is to establish general guidelines for the siting of telecommunications towers and antennas. These standards are meant to:

(1)

Encourage the location of telecommunications towers within nonresidential areas and minimize the total number of telecommunications towers throughout the community;

(2)

Encourage the joint use of new and existing telecommunications tower sites;

(3)

Encourage users of telecommunications towers and antennas to locate them, to the extent possible, in areas where the adverse impact is minimal;

(4)

Encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse impact of the telecommunications towers and antennas; and

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(b)

Special exception required. Except as otherwise provided in this section, telecommunications towers may not be constructed, erected, or maintained on any land located within the city without issuance of a special exception from the board of adjustment.

(c)

A special exception shall not be approved unless the applicant demonstrates to the board of adjustment, that no existing telecommunications tower or antenna support structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or antenna support structures can accommodate the applicant's proposed antenna shall consist of the following:

(1)

Certification from the applicant, supported by engineering data or, if required, financial data, that existing telecommunications towers or antenna support structures:

a.

Are not located within the geographic area which meet applicant's engineering requirements;

b.

Are not of sufficient height to meet applicant's engineering requirements; or

c.

Do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength.

(2)

Certification from the applicant, supported by engineering data or, if required, financial data, that:

a.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on existing telecommunications towers or antenna support structures or the antennas on existing telecommunications towers or antenna support structures would cause interference with the applicant's proposed antenna;

b.

The fees or costs required to share an existing tower or antenna support structure, or to adapt an existing tower or antenna structure for sharing with the applicant, are unreasonable; or

c.

There are other limiting factors that render existing telecommunications towers and antenna support structures unsuitable.

(3)

Written certification from owners of all existing telecommunications towers or antenna support structures located within the city or its extraterritorial jurisdiction verifying that they are unwilling or unable to accommodate the applicant's needs. If the applicant is unable to obtain such certification, the applicant shall provide written documentation demonstrating reasonable efforts to contact such owners and obtain such certification.

(4)

A statement of the status of the applicant's build-out program. Specifically, the applicant shall provide the following information:

a.

Whether the proposed telecommunications tower is necessary to provide services to the area;

b.

Whether the tower is necessary because existing facilities serving the area have reached capacity; and

c.

If the build-out is complete and the tower is necessary because existing facilities serving the area have reached capacity, certification, supported by engineering data, that the applicant's existing facilities have been designed and constructed using current state-of-the-art technology and cannot be upgraded, expanded, or enlarged to provide the level of service desired.

(d)

If the telecommunications tower is to be on a separate lot and not a leased placement on a larger commercial lot, then a preliminary plat approval, in accordance with chapter 82, shall be obtained before an application for a special exception will be considered by the board of adjustment. A tower site shall meet the minimum lot size requirements for the zoning district in which it is to be located. Final plat approval, in accordance with said chapter 82, shall be obtained before a building permit will be issued.

(e)

Prior to commencement of construction of a telecommunications tower or antenna, a building permit shall be obtained from the building official. Issuance of the building permit shall be conditioned upon submission of plans and specifications, payment of established fees, and continued compliance with all requirements relating to telecommunication towers or antennas set forth in the City's codes.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

The board of adjustment shall consider the following factors in determining whether to issue a special exception:

(1)

Height of the proposed telecommunications tower;

(2)

Proximity of the telecommunications tower to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design of the telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Towers using guy wires and open lattice type towers will only be allowed when the applicant demonstrates to the reasonable satisfaction of the board of adjustment, supported by engineering data, that the applicant cannot provide service using a monopole or alternative tower structure;

(7)

Proposed ingress and egress to the telecommunications tower site; and

(8)

Availability of suitable existing telecommunications towers and other structures.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Number. Only one telecommunications tower shall be erected on a site.

(b)

Setback requirements.

(1)

Residential zoning districts. Telecommunications towers shall be set back from all adjacent lot lines a minimum distance of 300 feet, measured from the outer edge of the base of the tower to the nearest adjacent lot line.

(2)

Nonresidential zoning districts. Telecommunications towers shall be set back from all adjacent lot lines a minimum distance of 100 percent of the height of the tower, measured from the outer edge of the base of the tower to the nearest adjacent lot line; provided, however, a telecommunications tower located on a lot adjacent to a lot, developed or undeveloped, that is within District SFR. District SFR-5, District SFA or District MFR, shall be set back from such adjacent lot line a minimum distance of three hundred (300) feet, measured from the outer edge of the base of the tower to the nearest adjacent lot line.

(3)

Exception. The setback requirements established above shall not apply to telecommunications towers located in existing rights-of-way owned by Reliant Energy-HL&P, provided said right-of-way has a minimum width of 100 feet at the telecommunication tower location and provided such towers are constructed on, under, or within existing aboveground major electrical transmission and distribution structures having a minimum height of 100 feet.

(4)

Property uses and distances determined. Property uses and distances referred to in this section shall be determined as of the date and time that the completed application for a specific use permit is filed.

(c)

Height. The maximum height of a tower shall not exceed 120 feet as measured from the base of the telecommunication tower to its highest point.

(d)

Security and screening fence. The base of a tower and any supporting systems, lines, wires, buildings or other structures shall be completely enclosed by an eight-foot masonry wall or fence. Access to the tower shall be only through a locked gate.

(e)

Landscaping. In addition to, and not in lieu of, the requirements of section 102-152, a telecommunications tower site shall have landscaping maintained in a healthy, growing condition at all times. At a minimum, the base of the tower shall have one large shrub capable of reaching a minimum height of four feet for each four linear feet of required fencing and one street tree, with a minimum caliper of four inches, for each 50 linear feet of fencing. The required shrubs and trees shall be placed along the exterior sides of the fence.

(f)

Signs and lights.

(1)

Lettering, signs, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall not be placed on, or affixed to, any part of a telecommunications tower, antenna array, or antenna, other than as required by FCC regulations regarding telecommunication tower registration or other applicable law.

(2)

A telecommunications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required by law or regulations, a design that minimizes disturbances to any adjacent residence or business, to the fullest extent practicable while still achieving compliance with such law or regulation, shall be utilized.

(g)

Noise. Sounds emanating from the telecommunications tower site related to its operation and maintenance shall not, to the extent technically possible, be audible at the nearest lot line of any adjacent lot.

(h)

Safety. All telecommunications towers must meet or exceed applicable safety standards and regulations established or hereafter promulgated by any federal or state law, or agency rule or regulation, applicable thereto.

(i)

Collocation. All new telecommunications towers shall be designed to structurally accommodate no less than two additional users, including space for support systems, lines, wires, buildings, or other structures required for additional users. The tower owner shall negotiate in good faith for shared use by third parties and shall allow shared use where the third party seeking the use agrees in writing to pay reasonable, pro rata charges for sharing, including payment of all charges necessary to modify the tower and transmitters to accommodate shared use, but not total tower reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating interference.

(j)

Aesthetics/stealth design. When feasible, an alternative tower structure shall be built so as to reduce visual obtrusiveness. To the extent reasonably possible, towers shall be designed to hide, mask, camouflage, conceal, or otherwise make such towers less visible or obtrusive, such as those enclosed by an architectural structure such as an enclosed clock or bell tower type design. Monopole or structures which are structurally obvious towers shall, to the extent practicable, be constructed in sections so that should technological advancements later diminish height requirements of towers, or should co-usage not develop, the tower may be reduced in height. When an alternative tower structure is not feasible, the tower structure shall either maintain a galvanized steel finish or be painted a sky blue or gray color, unless applicable standards of the FAA require otherwise.

(k)

Accessory buildings not contained within the tower structure.

(1)

Where a tower is built in a stealth manner, as described in subsection (j) of this section, the operating equipment, wiring, and other components shall, to the greatest extent practicable, be contained within the structure. All wiring shall be located underground.

(2)

Equipment buildings designed for and used as a necessary component of a telecommunication tower shall be limited to one for each co-user of the facility.

(3)

Equipment buildings shall be used only to house electronic equipment necessary for the transmission and receipt of telecommunications, and shall not be used for storage of additional materials not required for the immediate operation and maintenance of the facility.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

These regulations shall not apply to:

(1)

Church bell towers and religious symbols associated with a place of worship;

(2)

Tower structures less than 60 feet in height;

(3)

Tower structures used primarily for the support of amateur and citizen's band radio antenna;

(4)

Telecommunications tower structures that are attached to, placed upon, or constructed on top of a building provided that the height of the tower structure does not exceed 60 feet or the height of the building upon which the tower is constructed, whichever is less;

(5)

Temporary tower structures used as or in conjunction with construction cranes;

(6)

Tower structures that are being repaired or modified with no resulting increase in height or dimension; and

(7)

Collocation of telecommunications facilities and antenna on an existing telecommunications tower or antenna support structure, provided the owner or operator of such existing telecommunication tower or antenna support structure has been issued a special exception under these regulations, is not in violation of said permit, and the collocation of such facilities and antenna shall be in compliance with the standards set forth in this section and all other laws, rules, regulations, and ordinances of the city and any other entity having jurisdiction.

(Ord. No. 1089, § 1, 6-28-2017)

Any telecommunications tower or antenna that is not operated for a continuous period of six months shall be considered abandoned and the owner of the telecommunications tower or antenna shall remove same within 90 days of receipt of a notice from the zoning administrator notifying the owner to do so. If the telecommunications tower or antenna is not removed within the 90-day period, the City may remove the telecommunications tower or antenna at the owner's expense. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the telecommunications tower or antenna.

(Ord. No. 1089, § 1, 6-28-2017)