The city council, after public hearing and proper notice to all parties affected and after recommendations by the planning and zoning commission, may authorize the issuance of specific use permits for the uses indicated by "S" in the use schedule in section 140-81.

(1)

The planning and zoning commission in considering and determining its recommendations to the city council on any request for a specific use permit may require from the applicant, plans, information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed. The city council may, in the interest of the public welfare and to ensure compliance with this article, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as specific use permits, the city council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

(2)

All specific use permits approved in accordance with the provisions of this article in its original form or as hereafter amended shall be referenced on the zoning district map and a list of such permits shall be maintained by the city council.

(Ord. of 9-7-1970, § 8-500)

(a)

Sales prohibited; exceptions. The sale of merchandise directly to a customer on the premises shall be prohibited provided, however, this provision shall not be construed to prohibit the following:

(1)

Garage/yard sales. The sale of merchandise belonging to the resident may be conducted as a home occupation provided that no such sale may be held on any lot or premises more often than twice in each calendar year at the same address, and not to exceed three consecutive days during each sale. A permit must be obtained from the city for the conduct of any garage/yard sale. A fee, in an amount as established by the city from time to time and on file in the city secretary's office or city website, shall be charged for the issuance of a permit for conducting such garage sale. Customers must obtain a permit prior to the event of a sale and display the permit on the premises for the entire duration of the sale.

(2)

Estate sales. The sale of merchandise belonging to the resident may be conducted by the resident and/or a person/business. If such sale is conducted by an outside person or business, each address would be considered a separate estate sale. Each such estate sale shall not exceed three consecutive days during each sale. A permit must be obtained from the city for the conduct of any estate sale. A fee, in an amount as established by the city from time to time and on file in the city secretary's office or city website, shall be charged for conducting each estate sale. Customers must obtain a permit prior to the event of a sale and display the permit on the premises for the entire duration of the sale.

(b)

Signage for garage/yard sales and estate sales.

(1)

Garage sale/yard sale and estate sale signs do not require the issuance of a sign permit.

(2)

Signs may not exceed 5½ square feet in size, which includes a 22-inch by 28-inch poster board size, with a limit of three signs for each garage/yard sale and five signs for each estate sale.

(3)

Garage/yard sale and estate sale signs may be placed on your private property or on your neighbor's private property with their permission. Such signs must not block driver's visibility. (Guideline: Your private property is not the strip of grass between the curb and sidewalk. This is the city's right-of-way. As a guideline: In the front yard of a home, rights-of-way normally extend ten to 15 feet from the back of the street curb.)

(4)

Signs are not allowed in or on the following places/areas:

a.

Rights-of-way or medians of public streets;

b.

Corners of public streets;

c.

On fences, trees, utility poles, street light poles or public signs;

d.

On the grass next to the curb of a public street; or

e.

In subdivision entrances.

(Ord. of 9-7-1970, § 8-600)

The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as set forth in the use schedule in section 140-81 inclusive:

Accessory building means in a residential district, a subordinate building, attached or detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath house or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business.

Advertising signs (also see sections 140-239 and 140-245(a)) means and includes the following:

(1)

Off-premises sign means a sign identifying a business, profession, product, service, or facility available at a location other than the premises where the sign is located.

(2)

On-premises sign means a sign identifying or advertising a business, person, activity, product or organization available on the premises where the sign is located.

Airport or landing field means an area improved for the landing or take-off of aircraft approved by the city for operation as an aircraft landing facility.

Amusement, commercial (indoor), means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.

Amusement, commercial (outdoor), means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course.

Antique shop means an establishment offering for sale, within a building, articles such as glass, China, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.

Art gallery or museum means an institution for the collection, display and distribution of objects of art or science, and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

Birthing center means a center to provide counseling and education regarding childbirth and also a place where birthing can occur if a state license is obtained.

Boardinghouse orroominghouse means a building other than a hotel, where lodging and meals for three or more persons are served for compensation.

Caretaker's quarters means a secondary dwelling unit located on a lot with a main residential structure and used as living quarters for persons employed on the premises only and not for rent or use as a separate domicile by persons other than those employed on the premises or their immediate family.

Changeable electronic variable message sign or changeable copy sign or device (collectively, "CEVMS") means a sign with the capability of displaying words, symbols, figures or images controlled by electronic communications or mechanical processes.

(1)

For off-premises CEVMS, refer to section 140-245 for height, size and setback requirements applicable thereto.

(2)

For off-premises CEVMS, the message or image on the CEVMS must remain static for a minimum of eight seconds or more and a change of message shall be accomplished simultaneously on the entire sign face.

For on-premises CEVMS, the message or image must remain static for a minimum of four seconds and change of message shall be accomplished within two seconds.

(3)

CEVMS must contain a default mechanism that freezes the sign in either one position or a black screen if a malfunction occurs.

(4)

No CEVMS shall be erected without a light detector/photocell (dimmer switch) by which the sign's brightness shall be dimmed when ambient conditions darken so that signs are not unreasonably bright for the safety of the motoring public. The maximum brightness shall not exceed 5,000 nits from sunrise to sunset and 1,000 nits from sunset to sunrise.

(5)

CEVMS shall not:

a.

Be illuminated by flashing lights, strobe lights, lights resembling emergency vehicles, or moving lights;

b.

Contain or display moving video or streamed video advertising;

c.

Consist of a static image projected upon a stationary object;

d.

Be a mobile sign located on a truck, trailer, or any moving vehicle; or

e.

Be attached to any wall, window, or any type exterior facade of any building.

(6)

The owner of CEVMS shall coordinate with local authorities to display public service announcements (PSAs), and when appropriate, emergency information important to the traveling public, such as amber alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

(7)

If otherwise authorized by the Land Development Code, replacement of a nonconforming CEVMS must be accomplished with CEVMS conforming to zoning regulations.

(8)

If lawfully existing on May 5, 2016, a nonconforming CEVMS shall be allowed to continue at its existing location subject to the following:

a.

The face of the sign may be changed, provided that no change or alteration shall be made that would increase the nonconformity; and

b.

Removal of an on-premise, nonconforming sign or any sign structure (whether or not the structure contains signage) shall be required if:

1.

The business, person, or activity that the sign originally identifies or advertises either has ceased to operate on the premises or no longer has a valid certificate of occupancy;

2.

The certificate of occupancy changes for the business, person, or activity that the sign advertises or identifies;

3.

The sign or sign structure is a hazard or substandard as determined by the building official; or

4.

The cost of repairing the sign or sign structure is more than 60 percent of the cost of erecting a new sign of the same type at the same location.

(9)

Except for institutional uses, CEVMS shall be prohibited along the following corridors (Exhibit A, see Ord. No. 2016-030):

a.

Galleria Oaks Drive;

b.

Cowhorn Creek Road north of I-30;

c.

Moores Lane;

d.

Richmond Road north of Moores Lane;

e.

Pleasant Grove Road; and

f.

Texas Boulevard.

Church or rectory means a place of worship and religious training of recognized religions including on site housing of ministers, rabbis, priests, nuns and similar staff personnel.

Cleaning or laundry self-service shop means to be of the customer self-service type and not a commercial laundry or cleaning plant.

Cleaning shop or laundry means a retail custom cleaning shop whose primary business is cleaning service to individual customers and not providing contractual laundry or cleaning services to other businesses such as motels, hotels, etc.

College oruniversity means an academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study.

Community center (public) means a building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the community served.

Community unit development means an area of three acres or more of unsubdivided land or the frontage on one side street between two intersecting streets planned as a single integral residential development, which may contain variable types of housing with yard setback and open space standards differing from the district in which it is located, but which observes the overall density standards set forth in such district. A mobile home subdivision may be approved as a community unit development if the overall density is in compliance with the district standards in which the development is located. Where the overall density standards are proposed to vary from those of the district in which the community unit development is located, the development should be handled as a Planned Development District.

Conference or training seminar center means a facility at which individuals or groups of individuals attend seminars or training sessions for a specific period of time, not to exceed 60 days, and which has the capacity to accommodate the meal and lodging needs of the training staff and trainees.

Country club (private) means an area of 20 acres or more containing a golf course and a club house and available only to private specific membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

Custom personal service means tailor, dressmaker, shoe shop or similar shop offering custom service.

Dance hall or night club means an establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the city.

Day camp means a facility arranged and conducted for the organized recreation and instruction of children, including outdoor activities on a daytime basis.

Delivery service means an establishment designed and constructed for the delivery of packages not to exceed 200 pounds in weight. Local delivery of packages to and from such establishment shall be by vehicles not to exceed 1½ tons rated capacity.

Farm accessory building means a structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animal and crops.

Farm, ranch, garden or orchard means an area of three acres or more which is used for the growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Golf course (commercial) means a golf course, privately owned but open to the public for a fee and operated as a commercial venture.

Heavy equipment and machinery sales, rental or repair means a place where the primary service being offered at the site is the sales, rental or repair of heavy equipment including, but not limited to, construction equipment such as bulldozers, cranes, gradalls, and semi-tractor trucks. (Commercial, Industrial-1 and Industrial-2 Districts.)

Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft and subject to approval by the city.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds and not for regularly scheduled stops and subject to approval by the city.

Home occupation means a home occupation is an occupation carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use a sign to advertise the occupation, without offering any commodity or service for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as emission of odor, increased traffic or generation of light or smoke, and where the use is carried on in the main structure only. A home occupation shall specifically exclude the operation of a repair garage, beauty shop, plumbing shop or similar activity.

Hospital means an establishment licensed pursuant to the Texas Hospital Licensing Law that:

(1)

Offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy; and

(2)

Regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar extent. (See Texas Health and Safety Code § 241.003(5)).

Hotel or motel means a building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of six individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone use and upkeep of furniture.

HUD code manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Institution for the care of alcoholic, psychiatric or narcotic patients means an institution offering resident or out-patient treatment to alcoholic, psychiatric or narcotic patients.

Kindergarten, nursery or private school means an establishment where more than three children are housed for care or training during the day or portion thereof.

Light fabrication and assembly processes means and includes the manufacture of clothing, jewelry, trimming decorations and any similar item not involving the generation of noise, odor, vibration, dust or hazard.

Livestock auction means and includes barns, pens and sheds for the temporary holding and sale of livestock.

Local utility line means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water surface drainage water, sewage, electric power or telephone service.

Miniwarehouse means a series of buildings which is used for storage and where each building is no larger than 10,000 square feet with separate compartments that do not exceed 500 square feet each.

Minor vehicle and engine repair shop means business includes all minor repairs of vehicles and engines, including, but not limited to, the replacement of mufflers, brakes, air conditioning and shock absorbers and for providing tune-ups, lubrication, transmission service, front-end alignment and tire sales and servicing, and other associated servicing, but not including the rebuilding of vehicles or engines or body repairs or major painting or repainting.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Modular, factory fabricated or industrialized dwelling means a dwelling prefabricated or constructed in one or more modules or modular components built at a location other than the permanent site (off-site), which are transported to the permanent site and are erected, assembled or installed on a permanent foundation or concrete slab as a fixed dwelling unit on a lot or tract of land. The following regulations shall also apply requiring this type of dwelling to:

(1)

Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;

(2)

Have exterior siding, roofing, roofing pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;

(3)

Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage and other site requirements applicable to single-family dwellings; or

(4)

Be securely fixed to a permanent foundation.

Multiple-family dwelling (apartment) means a building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Name plate means an accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed.

Neighborhood health center means a local center for health service care to specific areas including prenatal clinic, psychiatric service and similar health services.

Nursing home or assisted living means a home where ill or elderly people are provided with lodging and meals with or without nursing care.

Office/warehouse (no outside storage) means a place for the regular transaction of business or performance of a particular service in conjunction with the receiving and storage of goods and merchandise. The office and warehouse portions shall be enclosed under the same roof. The office shall occupy at least 500 square foot or ten percent of the total floor space of the building, whichever is greater. (Limited Commercial (LC), Central Business, Commercial, Industrial-1 and Industrial-2 Districts.)

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements specified by this article and located on the lot or tract occupied by the main use or within 300 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district. No motor vehicle which is not licensed for the current year or which is inoperative for a period of five days or longer shall be stored or parked in the open on any drive, parking area or in any yard in the SF-1, SF-2, SF-3, PUR, 2F-1, 2F-2, TH, MF-1, MF-2, P, O or NS districts.

One-family dwelling (attached) means a dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.

One-family dwelling (detached) means a dwelling designed and constructed as a freestanding structure for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

Park or playground (public) means an open recreation facility or park owned and operated by a public agency such as the city or school board and available to the general public.

Parking lot or structure, commercial (auto), means an area or structure devoted to the parking or storage of automobiles for a fee. The term "parking lot or structure" includes, in the case of a parking structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

Pistol and rifle range (indoor) means such establishment shall be wholly enclosed in a building, and such range shall be treated acoustically so that noise generated by the range is not perceptible at the bounding property line.

Playfield or stadium (public) means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium.

Plumbing shop means a place where the primary work being performed by the business is the installation and/or repair of plumbing, heating and air conditioning systems for residential as well as commercial applications. (Special Use Permit in Limited Commercial (LC), allowed in Commercial, Industrial-1 and Industrial-2 Districts.)

Public building, shop or yard of local, state or federal government means facilities such as office buildings, maintenance yards and shops required by branches of local, state or federal government for service to an area such as the highway department yard, city service center or experiment station.

Radio, television or microwave towers means structures supporting antennas for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennas installations for home use of radio or television, telephone exchange, switching relay and transmitting equipment, but not including public business facilities, storage or repair facilities.

Railroad team track means a siding for spotting and unloading or loading box cars or other railroad cars and which area is connected to a public street by a drive for access.

Real estate model home means a permanent resident, constructed in a residential development of at least ten lots, which is used as a model home for the types of homes to be built in the development. Such a model home can be used by a real estate agency as a temporary office to sell homes within the development, but cannot be the sole office of the real estate agency. The model home shall be closed whenever 90 percent of the lots in the development are developed with residences or after the model home has been in existence for five years, whichever comes first.

Restaurant orcafeteria (not of drive-in type) means an establishment designed and constructed to serve food and beverage for consumption on the premises to the general public in specific dining areas and not involving the service of food to automobiles or for off-premises consumption.

Restaurant oreating establishment (drive-in service) means an establishment designed and constructed to serve food for consumption on the premises in automobiles or for carry out, off-premises consumption and which establishment may or may not have an on-premises dining room.

Riding club means a paddock, club house and stable for quartering, training and riding horses, the facilities of which are restricted to a specific membership and not available to the general public.

School, business, means a business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.

School, commercial trade, means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.

School, public or denominational, means a school under the sponsorship of a public or religious agency or nonprofit corporation having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

Screening device means a screening device shall be defined as a barrier of stone, brick, pierced brick, uniformly colored wood or other permanent material of equal character, density and design, of a height necessary to provide a sight barrier at least seven feet above the adjacent property and at least 80 percent solid, provided any such structure in excess of eight feet in height shall be deemed a wall subject to the provisions of the building code of the city. Chainlink fences, whether with or without battens, slats or coverings or block fences shall not be considered a screening device under this definition.

(1)

A screening device, as herein defined, shall be erected before any other use, other than uses permitted in the MA, SF-1, SF-2, SF-3, 2F-1, 2F-2, TH, MF-1 or MF-2 districts, is made of property in P, O or a less restrictive district when such property abuts residentially zoned property. Such screening devices shall be erected along the entire length of the common line between such business property and the abutting residentially zoned property.

(2)

When a screening device is required under the terms of subsection (1) of this definition, it shall be in the responsibility of the user of the commercial or industrial property to erect the required screening device, and the same shall be precedent to the issuance of a certificate of occupancy for the premises on which said device is located.

(3)

All screening devices required by this article or action of the board of adjustment shall be perpetually maintained by the user of the property on which said device is located.

Self-contained aluminum recycling machine means an automated, self-contained, commercially designed and manufactured recycling machine designed to crush beverage cans and to automatically dispense cash to the user of the machine. Such machine is to have a maximum size of ten feet in width, 15 feet in length and ten feet in height. Such machine is to have a minimum storage capacity of 3,000 pounds, and be equipped with an internal sorting system, and be equipped with a semi-automatic unloading system.

(1)

Any manufacturing, industrial servicing or storage process not prohibited by law, except the following uses, may be located in the I-2 district upon approval by the city council in accordance with the procedure established under the provisions of the specific use permit section 140-177:

a.

Acid manufacture;

b.

Ammonia manufacture;

c.

Carbon black manufacture;

d.

Cement, lime, gypsum or plaster of Paris manufacture;

e.

Chlorine manufacture;

f.

Cotton gin or compress;

g.

Explosives storage or manufacture;

h.

Glue and fertilizer manufacture;

i.

Petroleum and petroleum products refining and manufacture;

j.

Petroleum tank firm;

k.

Petrochemical plant;

l.

Rendering plant;

m.

Tanning, curing, treating or storage of skins or hides;

n.

Wrecking yard or salvage yard.

(2)

Any use which, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire, is presently or in the future determined a hazard and subject to special control or which is determined under the provisions of section 140-106 to involve the possibility of hazard or adverse influence on the use development and enjoyment of adjacent or nearby land.

Sign, agricultural, means an accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.

Sign, apartment name, means an accessory sign for the identification of an apartment building or complex of apartment buildings.

Sign, construction, means a temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located.

Sign, directional, means an on-premises sign giving directions or instructions, e.g., enter or exit, in or out, an arrow symbol.

Sign, general business, means an accessory sign or graphic device which advertises only commodities or service offered on the premises where such signs are located and not of the billboard, poster panel or painted bulletin type.

Sign, incidental, means a small sign, emblem or decal informing the public of goods, facilities or services available on the premises. Examples: Credit card sign or a sign indicating hours of business.

Sign, institutional means an accessory sign for the identity of a school, church, hospital, college, university, or civic center.

Sign, political or campaign, means political or campaign signs on behalf of candidates for public office or measures on election ballots. Signs must follow these guidelines:

(1)

No sign shall be located within or over the public right-of-way;

(2)

Sign must be removed within five days following said election.

Sign, portable, means a sign which is not permanently fixed to the ground, a structure or a building and is designed to be moved easily, such as, but not limited to: flashing arrow signs, sandwich board signs or sidewalk signs.

(1)

No later than 180 days after passage of the ordinance from which this article is derived, all portable signs must be:

a.

Converted to permanent installation in compliance with all city codes and specifications; or

b.

Permitted by the city's building official at the amount determined by the ordinance.

(2)

Other requirements include:

a.

Only one portable sign per business.

b.

Must withstand a 70-mile-per-hour wind.

c.

Electrical code must be met; no extension cords will be allowed. Receptacle adjacent to sign must be GFCI protected.

d.

Maximum size of 32 square feet.

e.

Permit is required at a cost in an amount as established by the city council from time and on file in the city secretary's office and issued by the building official's office.

f.

Subsequent annual permits will be renewed at a cost in an amount as established by the city council from time and on file in the city secretary's office. Upon permanent installation of the sign, all directional arrows must be removed and parking requirements will be reviewed based on individual cases.

(3)

Banner or promotional signs. The term "banner or promotional sign" means a sign identifying or advertising a business, person, activity, products or services which can be acquired on the property where the sign is located.

a.

A banner or promotional sign is a sign made of fabric or any non-rigid material with no enclosing framework. Exception: Flags, streamers or pennants are not considered banners or promotional signs.

b.

Requirements:

1.

Maximum size of 64 square feet.

2.

No more than two signs allowed per freestanding business.

3.

No more than one sign per business inside a shopping center. It must be attached to the building and not extend below any awning.

c.

A banner or promotional sign permit shall be required at a cost in an amount as established by the city council from time and on file in the city secretary's office per sign or an annual fee as established by the city from time to time and on file in the city secretary's office or city website that covers all signage in this section and issued by the building official's office. If an annual fee is in effect, a new diagram for each new sign must still be submitted to the building official's office.

d.

A minimum distance of 15 feet shall be between banners and/or promotional signs. Back-to-back banners or promotional signs shall be counted as one sign.

e.

T-posts must be used and angled outward in order to ensure the banner will be hung straight. PVC piping over t-posts will be required.

f.

The maximum allowable time for display is for 30 calendar days per banner or promotional sign. At the end of the allowed time any banner or promotional sign must be removed or replaced with a different sign with different verbiage and a new permit. If an annual fee is in effect, a new diagram for each new sign must still be submitted to the building official's office.

g.

Special business promotions will allow banners or promotional signs to be displayed for a longer period of time and shall be good for only one banner or promotional sign for a maximum 90 calendar days, to be held no more than two times annually. Permit fees shall be in an amount as established by the city from time to time and on file in the city secretary's office or city website, per promotion. Drawings of signage shall be submitted to the building official for approval.

Exception: When a new business opens, a banner may be attached to the existing shopping center sign or existing permanent business sign for 60 days, only as a temporary measure until the permanent business sign is in place. A permit is required.

h.

All temporary (portable or banner or promotional) signs must be maintained and in good condition with no tears, peeling or missing letters, broken or missing sign faces, no deteriorating or damaged structure, properly installed and be clean and legible at all times.

Any violation of the temporary (portable or banner or promotional) sign regulations will be subject to citations to municipal court and issued by the building official office.

Sign, real estate, means a temporary sign pertaining to the sale or rental of property and advertising of property only for use for which it is legally zoned. No real estate sign shall be located within or over the public right-of-way.

Sign, sandwich or stand-up means an advertising sign displaying predominantly legible words and constructed with durable material that will withstand inclement weather (see section 130-5).

Sign, temporary, means a temporary sign related to the promotion or grand opening of a new business. All charitable, nonprofit and any educational uses of temporary signs are exempt from this article, but must be removed within 72 hours after any event. (Refer to section 28-1.)

Sign, wall, means a business sign erected and permanently attached essentially parallel to and extending not more than 24 inches from the exterior wall of a building with no copy on the sides or edges and must not project above the roofline of the building. The term "wall sign" includes painted, individual letter and cabinet signs. A permit from the building official's office will be required.

Stable (private) means an accessory building for quartering horses when the stable building is set back from all adjacent property lines at least 100 feet and when the site contains a minimum area of one acre for each animal quartered.

Stealth telecommunications tower ("stealth tower") means a facility that is designed in such a way that the facility is not readily recognizable as a telecommunications tower or telecommunications equipment. By way of example and not limitation, stealth towers may include the following: totally enclosed antennas; wireless facilities that replicate, duplicate, or simulate the construction of common structures such as flagpoles, signs, monopoles with totally enclosed antennas, or light poles and that serve as a function of the use or uses of the site; or camouflaged wireless facilities that are constructed to blend into the surrounding environment.

Swimming pool (commercial) means a swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwellings and located and fenced in accordance with the regulations of the city. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Tattoo studio means an establishment or facility in which the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment, including the application of permanent cosmetics, is performed.

Telecommunications tower ("tower") means a facility, including self-supporting lattice towers, guy towers or monopole towers, but not including stealth communication towers, designed to support one or more antennas and to contain ancillary facilities designed and used for the purpose of transmitting, receiving, and relaying voice, data, and other similar signals to or from various wireless communication devices; provided, however, that a telecommunication tower shall not be defined to include the following: "Radio, television, or microwave towers"; amateur radio transmission facilities not used for commercial purposes; or facilities used exclusively for the transmission of television and radio signals.

Temporary field or construction office means a structure or shelter used in connection with a development or building project for housing on the site of a temporary administrative and supervisory function, and for sheltering employees and equipment.

Trailer camp or HUD code manufactured home park means a tract of land designed or being used to accommodate one or more transient portable dwelling units designed to be moved on wheels from location to location by automobile, truck or similar prime mover.

Transmission or muffler shop means a place where the primary work being performed at the business is removal, servicing, rebuilding, or installation and/or replacement of trans-axles and/or transmissions and/or mufflers and tailpipes in automobiles, light trucks and vans whose capacity does not exceed one and one-half tons. (Commercial, Industrial-1 and Industrial-2 Districts.)

Trash transfer stations mean intermediate solid waste processing facilities where local trash collection trucks transfer and load trash into a larger container or truck where the trash may be compacted prior to hauling to the landfill site. Such transfer station shall be operated in compliance with state department of health municipal solid waste, rules, standards and regulations.

Two-family dwelling means a single structure designed and constructed with two living units under a single roof for occupancy by two families.

Wrecking or scrap salvage yard means a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal scrap or other material.

Zoo (private) means a facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.

Zoo (public) means a publicly owned zoo or similar facility owned and operated by a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.

(Ord. of 9-7-1970, § 8-700; Ord. No. 082-2001, 4-9-2001; Ord. No. 167-2006, 7-10-2006; Ord. No. 2016-029, §§ 2—4, 5-9-2016; Ord. No. 2016-030, § 1, 5-9-2016; Ord. No. 2016-119, § 3, 11-28-2016; Ord. No. 2024-021, § 1, 3-25-2024)

(a)

Court standards. The minimum dimension and area of outer or inner courts provided in buildings occupied for residential purposes shall be in accordance with the following provisions:

(1)

Outer courts, residential structures.

a.

For residential structures, three stories or less in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court up to 20 feet, but the width of any such outer court need not exceed 20 feet even though the depth of the court may exceed such dimension.

b.

For residential structures exceeding three stories in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court up to 50 feet, but the width of any such outer court need not exceed 50 feet even though the depth of the court may exceed such dimension.

(2)

Inner courts, residential structures.

a.

For residential structures three stories or less in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have minimum dimensions in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed 20 feet even though the height of the enclosing walls may exceed such dimension.

b.

For residential structures exceeding three stories in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum dimension in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed 50 feet even though the height of the enclosing walls may exceed such dimension.

(b)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures in residential and apartment districts are as follows:

(1)

Front yard. Attached accessory building or structure shall have a front yard not less than the main building. Detached accessory buildings or structures shall be located in the area defined as the rear yard.

(2)

Side yard. There shall be a side yard for any accessory building or structure located in a residential area of not less than three feet from any side lot line, alley line or easement line, except that adjacent to a side street the side yard shall never be less than ten feet. Where a firewall is provided, no side yard need be provided on one side of a lot only for accessory buildings located in the rear one-half of the lot. (See appendix illustration 3.)

(3)

Rear yard.

a.

There shall be a rear yard for accessory buildings or structures not less than three feet from any lot line, alley line or easement line, except that if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line. In residential districts, the main building and all accessory buildings shall not cover more than 50 percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Detached carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than ten feet to the main building nor nearer than three feet to any side lot line, except where a firewall has been provided which meets the requirements of the building and fire codes of the city, no rear yard for accessory buildings shall be required. (See appendix illustration 3.)

b.

Where a garage or carport is designed and constructed to be entered from an alley or side street, such garage or carport shall be set back from the side street or alley a minimum distance of 15 feet to facilitate access without interference with the use of the street or alley by other vehicles or persons.

(Ord. of 9-7-1970, § 9-108)

The zoning board of adjustment (ZBA) board will not be allowed to increase sign height.

(Ord. No. 082-2001, 4-9-2001)

(a)

Location, placement, and distance.

(1)

Use and zoning districts. Subject to the requirements of this section, land use for a telecommunications tower ("tower") and stealth telecommunications tower ("stealth tower") is a use by right in zoning districts P, O, GR, LC, CB, C, I-1, and I-2, but shall only be allowed by specific use permit in zoning districts A and NS. Towers and stealth towers shall not be allowed in any residential zoning districts.

(2)

Setbacks. Towers and stealth towers shall be setback either a minimum of 500 feet or two feet for each foot in height, whichever is greater, from a one-family, two-family, or multifamily district or from any residential zoning or residential use.

(3)

Distance from other towers or stealth towers. A minimum of a half-mile (or 2,640 feet) shall be required between each and every tower or stealth tower.

(4)

Planned development. Nothing in this section shall be construed to waive the requirements of section 140-108 (planned development).

(5)

The board of adjustment (see section 140-342, et seq.) shall not have authority to grant variances to the requirements of this subsection.

(b)

Application for placement approval; design plan.

(1)

Application; general requirements. A property owner desiring to locate a tower or stealth tower as authorized by section 140-182(a)(1) shall submit an application to the inspections department with authorizations and information required by this section and a performance bond and removal bond as required by subsection (g).

(2)

Owner or agent authorization. The property owner or agent of the property owner shall sign the application. An agent of the property owner must be authorized by power of attorney or other notarized document granting the agent both the authority to represent the property owner and the authority to use the specific land for situs of a tower or stealth tower.

a.

The application shall include a plan or plans containing the following: The metes and bounds legal description of the entirety of the owner's property where the tower or stealth tower is proposed to be located.

b.

The metes and bounds of the specific area within the owner's property where the tower or stealth tower and ancillary facilities are to be located.

c.

A drawing or drawings to scale of the following:

1.

location and height of the tower or stealth tower, including all ancillary facilities;

2.

tower or stealth tower proximity to all buildings and other structures on both the owner's property and on adjacent properties;

3.

compliance with setback and distance requirements contained in sections 140-182(a)(2) and 140-182(a)(3); and

4.

landscaping plan for the site of the tower or stealth tower, showing existing and proposed topography, existing and proposed fencing and finished color, method of camouflage and illumination, and irrigation methods (type, spacing, and size). Applicable to stealth towers only, the drawing or drawings should demonstrate designs for an appearance that blends with the surrounding landscape; and acceptable designs include trees, flagpoles, or other appearances as approved by the chief building official or zoning administrator.

d.

A visual depiction or simulation of the proposed tower or stealth tower and ancillary facilities, to scale, in the existing natural or built environment for both day and night views, depicting all written warnings, markings, and lighting as may be proposed or otherwise required by law or regulations, and from the points-of-view of closest public street, closest occupied structure, aerial view, and any other location specified by the chief building official or zoning administrator.

e.

Engineering plans certified by a Texas registered professional engineer to include, with respect to the proposed tower or stealth tower, wind loads, foundation design, structural analysis, and capacity in terms of the number and types of antennae to be placed or accommodated.

f.

A system plan to include the following: rationales for the particular location, design, and height of the tower or stealth tower; the provider's telecommunication facilities presently constructed or approved; and a map indicating the provider's current coverage for the city and the projected coverage change with construction of the tower or stealth tower.

(c)

Construction requirements.

(1)

All towers or stealth towers shall be of monopole construction, shall meet FCC and FAA guidelines, and shall comply with the current building codes adopted by the city.

(2)

Towers and stealth towers shall not be illuminated by artificial means or display strobe lights or other warning lighting unless required by the Federal Aviation Administration or any other federal, state or city law, rule or regulation. Any lighting shall be shielded or directed so as not to project directly onto property zoned residential or any residential use; and light fixtures used to illuminate ancillary facilities, sports facilities, parking or storage areas, or other similar areas may be attached to a tower or stealth tower only when incorporated into the approved design.

(3)

Any new tower must be constructed to support a minimum of two separate antenna arrays and at least one additional antenna for every 15 feet or fraction thereof above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.

(4)

Any new stealth tower must be able to support at least one additional antenna for every 15 feet or fraction thereof above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.

(d)

Landscaping and screening requirements.

(1)

All towers or stealth towers and ancillary facilities must have an eight-foot solid screening fence or corresponding screening shrubs as described below.

a.

The screening fence shall be constructed of wood, brick, stone, or reinforced concrete.

b.

Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall always be kept in an attractive state and in good condition. The preservation of mature trees on the existing lot may be proposed as an alternative for screening shrubs.

(2)

Outdoor storage of vehicles, materials, or equipment is prohibited. Outside parking of vehicles or equipment is prohibited unless such is being used by an authorized person on site in direct support of the tower or stealth tower and ancillary facilities.

(3)

Unless expressly required by federal or state laws, rules, or regulations, or unless otherwise disclosed and approved in the visual depiction submitted pursuant to section 140-182(b)(2)e., banners, signs, moving objects, or other attention devices are prohibited on the tower or stealth tower and ancillary facilities.

(e)

Notice of change in status; removal upon cessation of operation.

(1)

With respect to the normal business operation as proposed of the tower or stealth tower, the property owner or agent of the property owner shall give notice to the chief building official within 45 days of any of the following: any change in the status of operation; any disconnection of electrical service for more than 30 days; or any cessation for more than 30 days of the use of a tower or stealth tower for the support of active communications antennae.

(2)

If disconnection of electrical service or cessation of use of all antennae on the tower or stealth tower to transmit, receive, or relay voice and data signals to or from wireless communication devices persists for 12 months, the property owner shall promptly remove the tower or stealth tower (and associated components of the facility) and restore the site to its original condition to a depth of two feet.

(3)

After notice and opportunity to be heard is provided, the city may remove or cause the removal of a tower or stealth tower (and associated components of the facility) described in subsection (e)(2) of this section and assess the costs of removal, storage, and disposal against the property. The city shall mail to the property owner a notice of the city's intent to remove or cause such removal before taking such action; the property owner may request a hearing before the board of adjustment to show cause why the abandoned tower or stealth tower and associated components should not be removed from the property at the expense of the property owner; and the failure by a property owner to request a hearing within 30 days after receipt of notice shall be deemed a failure to exhaust administrative remedies and a waiver of the right to a hearing.

(f)

Exclusions. This section does not apply to the following:

(1)

The UPDD—Section 140-111 of this Code; and

(2)

Temporary, mobile towers erected under the authority of chapter 14 of this Code.

(g)

A performance bond shall be required for all new towers and new stealth towers, including relocated towers, where a previous bond has not been accepted, in a form acceptable to the city; a cash deposit may be substituted in lieu of a bond, in an amount sufficient to provide for removal, storage, and disposal of the tower, plus an additional 15 percent contingency to restore the site, including stabilization and re-vegetation as necessary. An estimate of the removal cost from a Texas-licensed company experienced in contracting for removal of standard components shall accompany the bond. Unless the tower or stealth tower is located on property owned by a governmental entity where a guarantee is in place for removal of the tower when no longer in use, a separate bond will be required for each tower regardless of owner(s) or location. All bonds shall provide for the city to collect the full amount of the guarantee if the applicant fails to comply with this section. This subsection shall not apply to a governmental entity or public utility company.

(h)

Limited legacy exception. Subsections (a), (b), (c), and (d)(1) shall not apply to legacy towers or stealth towers authorized by a specific ordinance of the city council adopted prior to enactment of this section.

(i)

Penalty. Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be fined not less than $500.00 or more than $2,000.00, and each day any violation or non-compliance continues shall constitute a separate and distinct offense.

(Ord. No. 2024-021, § 2, 3-25-2024)