The purpose of this subchapter is to establish standards and considerations in order to achieve the maximum compatibility of the following listed uses with their immediate and general settings.

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to day care centers within districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements. The following requirements shall pertain, except where the requirements of the zoning district in which the use is located are more stringent, in which case the more stringent regulations shall prevail.

      (1)   Minimum lot area: the minimum lot area shall not be less than 10,000 square feet, and in compliance with state law.

      (2)   Minimum lot width: the minimum lot width at the property line shall not be less than 100 feet.

      (3)   Minimum yard setbacks:

         (a)   Front: 25 feet;

         (b)   Side, exterior: 15 feet;

         (c)   Side, interior: ten feet; and

         (d)   Rear: 20 feet.

      (4)   Maximum building height of principal structure: 35 feet.

      (5)   Maximum lot coverage: 30%.

      (6)   Minimum outdoor play area: there shall be provided a minimum of not less than 200 square feet of outdoor play area per child. Said play area shall be provided on the same lot as the principal use, and shall not be located in the required front yard.

   (B)   Buffering and screening.

      (1)   There shall be a fence six feet in height surrounding all play areas. Such fencing shall be continuous with latching gates at exit and entrance points. The fencing may be of masonry construction, chain link or wood.

      (2)   In the case of special exceptions, the Planning and Zoning Commission may require that plantings be placed on the outside of the above required fencing and may also require that such fencing be set back from any property line.

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to churches and other houses of worship within the districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements. The following requirements shall pertain except where the requirements of the zoning district in which the use is located are more stringent, in which case the more stringent regulations shall prevail.

      (1)   Minimum lot area: one acre.

      (2)   Minimum lot width: 100 feet.

      (3)   Minimum yard setbacks: 35 feet.

      (4)   Maximum building height of principal structure, excluding church spire: 60 feet.

      (5)   Maximum lot coverage: 25%.

   (B)   Access. All ingress and egress points shall be to or from arterial streets.

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to funeral homes and mortuaries within the districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements: the following requirements shall pertain except where the requirements of the zoning district in which the use is located are more stringent, in which case the more stringent regulations shall prevail.

      (1)   Minimum lot area: one acre.

      (2)   Minimum lot width: 100 feet.

      (3)   Minimum yard setback: 35 feet.

      (4)   Maximum building height or principal structure: 35 feet.

      (5)   Maximum lot coverage: 30%.

   (B)   Access: all ingress and egress points shall be to or from arterial streets.

   (C)   Buffering and screening: all such operations including the loading and unloading facilities shall be screened from abutting properties.

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to gasoline service stations and car washes within the districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Gasoline service stations.

      (1)   Minimum lot coverage: the minimum lot area to be occupied by a gasoline service station shall not be less than 12,000 square feet with a lot frontage of not less than 100 feet.

      (2)   Minimum pump setback: all fuel pumps and pump islands shall be set back a minimum distance of at least 15 feet from any street right-of-way line, property line or buffer strip.

      (3)   Permitted uses:

         (a)   Automobiles, trucks, luggage carriers, boats and trailers may be parked on the premises. Wrecked/damaged vehicles or trailers may be parked on the premises only within a totally enclosed building or screened area;

         (b)   Minor adjustments or repairs to automobiles, trucks, trailers or other vehicles which do not require body work, painting or removal of engines from frames or dismantling of differentials shall be permitted. Major adjustments or repairs at service stations shall only be permitted within zoning districts where such is so specified; and

         (c)   Retail sale of:

            1.   Minor automobile parts and accessories, gasoline, diesel fuel, kerosene, lubricating oils and greases; and

            2.   Articles dispensed by vending machines providing such vending machines are located under the roof of the principal structure.

      (4)   Outdoor storage: no permanent outdoor storage of materials or products shall be permitted.

      (5)   Repair facilities: no lift or repair facilities shall be located outside of the principal structure.

   (B)   Car washes.

      (1)   Minimum lot area: the minimum lot area to be occupied by a car wash containing either one conveyor belt washing stall or four or less self-service and/or automatic washing stalls shall not be less than 15,000 square feet with a lot frontage of not less than 100 feet. For each additional conveyor belt washing stall or four self service and/or automatic washing stalls, an additional 2,000 square feet shall be added to the minimum lot requirement.

      (2)   Compliance with other regulations: except as provided for in division (B)(1) above, all car washes shall comply with the regulations of this division (B).

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to hospitals and clinics within districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Hospitals.

      (1)   Dimensional requirements. The following requirements shall pertain except where the requirements of the zoning district in which the use is located are more stringent, in which case the more stringent regulations shall prevail.

         (a)   Minimum lot area: two acres.

         (b)   Minimum lot width: 200 feet.

         (c)   Minimum yard setbacks: 100 feet.

         (d)   Maximum building height of principal structure: 60 feet.

         (e)   Maximum lot coverage: 40%.

      (2)   Access. All ingress and egress points shall be to or from arterial streets.

   (B)   Clinics.

      (1)   Dimensional requirements.

         (a)   Minimum lot area: 10,000 square feet.

         (b)   Minimum lot width: 100 feet.

         (c)   Minimum yard setback:

            1.   Front: 25 feet;

            2.   Side, street: 15 feet;

            3.   Side, interior: ten feet, except where the side yard abuts a residential district; and

            4.   Rear: 25 feet.

         (d)   Maximum building height of principal structure: 35 feet.

         (e)   Maximum lot coverage: 20%.

      (2)   Access. All ingress and egress points shall be to or from arterial streets.

      (3)   Parking. In addition to the required off-street parking requirements for such uses, automobile parking will be permitted in front yard setbacks if separated by at least 100 feet from any residential dwelling.

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to such uses within the districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements. All requirements for such facilities shall be in accordance with the dimensional requirements of the district in which such facilities are permitted.

   (B)   Buffering and screening. Equipment storage: any equipment located outside an enclosed building shall be enclosed by a chain link fence of not less than six feet in height without openings, except for entrances and exits, which shall be equipped with unpierced gates or other screening as approved by the Planning and Zoning Commission. When the equipment is totally enclosed within a building, no fence or other screening device shall be required. In residential districts, such facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility or create hazardous effects; however, such other equipment may be stored in residential districts provided it is enclosed within a building or properly screened.

(Ord. passed 4-4-2000)

   In addition to the requirements applicable to such uses within the districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements. The following requirements shall pertain, except where the requirements of the zoning district in which the use is located are more stringent in which case the more stringent regulations shall prevail.

      (1)   Minimum lot area: the minimum lot area shall not be less than 10,000 square feet.

      (2)   Minimum lot width: the minimum lot width at the building line shall be 100 feet.

      (3)   Minimum yard setback: all buildings and structures excluding fences or walls shall be set back a minimum distance of 25 feet from any residential district boundary. All other setbacks shall conform to the requirements of the district in which such uses are located.

      (4)   Additional requirements: veterinary hospitals or clinics shall not be required to meet any minimum lot coverage or building height except for the maximum building height regulations of the district In which such facilities are permitted.

   (B)   Additional regulations.

      (1)   No such facilities shall be permitted to have outside cages or runs except those permitted in industrial districts.

      (2)   All such facilities shall be sound proof so as to prevent any noise from being heard outside any building or structure. Outside cage structures permitted in industrial districts shall not be required to be sound proof.

(Ord. passed 4-4-2000)

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

(Ord. passed 4-4-2000)

   (A)   Distance requirement from residential zones for all towers/antennas. No radio, television or microwave tower/antenna shall be located within a distance equal to at least the height of such tower/antenna from any residential structure or from any area zoned residential, or shown as residential on the current Comprehensive Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower/antenna to the closest point of such area or residence.

   (B)   Distance requirement from residential zones for commercial towers/antennas. No commercial radio, television or microwave reflector tower or antenna support structure shall be closer to any residential district boundary line or any area shown as residential on the current Comprehensive Plan than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the support structure. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.

   (C)   Towers prohibited in front and side yards. The location of radio, television or microwave reflectors, antennas or support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.

   (D)   Commercial attachments prohibited. All commercial signs, flags, lights and attachments, other than those required for communications operations, structural stability or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.

(Ord. passed 4-4-2000)

   (A)   Opaque screening fences shall not be allowed in the front yard in any district.

   (B)   No fence or hedge shall exceed 48 inches in height in the front yard in any district.

   (C)   The maximum height of any permitted fence shall be eight feet. The height of such fence shall be measured from the point of natural grade.

   (D)   Fences shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area.

   (E)   Except as otherwise specified in this chapter, where a tract or lot in a B-1, B-2, I-1 or I-2 District abuts upon residentially zoned property, a permanent opaque screening fence of wood or other suitable material not less that six feet in height and not more than eight feet in height, as directed by the Building Official, shall be erected before any use is made of said tract or lot, unless the use is permitted in residential districts.

   (F)   Such screening fence shall be erected along the entire length of the common line between the non-residential property and the abutting residentially zoned property, except where the Building Official certifies in writing that location of such fence is impractical and unnecessary to protect the residentially zoned property.

(Ord. passed 4-4-2000; Ord. 2012-04, passed 7-19-2012; Ord. 2024-12-04A, passed 9-19-2024)

   In addition to the requirements applicable to cemeteries and other such similar uses within the districts where such are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements.

      (1)   Minimum parcel size. The minimum parcel size for cemeteries and/or mausoleums shall be ten acres.

      (2)   Minimum yard setbacks. No part of any crypt, mausoleum or other building, other than a subterranean grave, shall be less than 50 feet from the nearest lot line.

      (3)   Parcel coverage. Crypts, mausoleums or other structures, other than monuments, shall together not occupy more than 10% of the total area.

   (B)   Buffering and screening. A continuous screening device shall be provided and maintained along all boundary lines separating cemeteries from any contiguous land.

(Ord. passed 4-4-2000)

   In addition to the requirements within the districts where such uses are permitted, the following requirements shall be complied with.

   (A)   Age limit. No manufactured home more than five years of age may be located in the city except that a manufactured home may be permitted with a specific use permit in the R-4, RM-1 and RM-2 Districts under the following conditions:

      (1)   The manufactured home has a minimum building floor space of 1,000 square feet;

      (2)   The manufactured home meets or exceeds the minimum requirements of the city’s Electrical Code and Plumbing Code; and

      (3)   The age of a manufactured home shall be determined from the completion/inspection date indicated on the identification plate on the manufactured home.

   (B)   Use as temporary office. A manufactured home may be used as a temporary office or shelter incidental to construction or development of premises on which the manufactured home is located only during the time construction or development is actively underway. Such use may not continue more than one year unless the City Council, after review and recommendation by the Planning and Zoning Commission, shall grant an extension of six months. Additional six-month extensions may be granted at the discretion of the City Council. A permit is required for the location of a manufactured home to be used as a temporary office. The fee for said permit and for extensions of said permit shall be established by the City Council.

   (C)   Skirting. All manufactured homes shall have foundation skirting around the entire unit and shall cover the entire area between the bottom of the unit and the ground. The skirting shall be of material and color consistent with the exterior of the manufactured home. The skirting shall be properly maintained.

   (D)   Additional requirements. All manufactured homes, including existing structures, shall be required to meet all federal, state and local government requirements relating to manufactured homes.

(Ord. passed 4-4-2000)

   In addition to the requirements within the zoning districts where such uses are permitted, the following requirements and regulations shall be complied with.

   (A)   Dimensional requirements. The following requirements shall pertain, except where the requirements of the zoning district in which the use is located are more stringent, in which case the more stringent regulations shall prevail.

      (1)   Minimum lot area: 10,000 square feet.

      (2)   Minimum lot width: 100 feet.

      (3)   Minimum yard setback: 25 feet.

      (4)   Maximum building height of principal structure: 35 feet.

      (5)   Maximum lot coverage: 20%.

   (B)   Access. All ingress and egress points shall be to or from arterial streets.

   (C)   State and federal regulations. Such uses shall meet the minimum requirements as set forth by the state and federal agencies regulating such activities, and shall upon application for either building permit or occupancy certificate submit certificates indicating approval by such state or federal agencies.

(Ord. passed 4-4-2000)

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

   (A)   Permit required. No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.

   (B)   General regulations. A swimming pool may be constructed and operated when:

      (1)   The pool is not located in any required front or side yard abutting a street;

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

      (3)   All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties; and

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

(Ord. passed 4-4-2000)

   (A)   General provisions; location on lot.

      (1)   Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be coincident with the property line (the designated zero lot line); or one exterior wall not more than three feet from the property line.

      (2)   There shall be a minimum separation of ten feet between main structures on adjacent lots.

      (3)   Side yards and maintenance easements shall be placed on the subdivision plat.

      (4)   In no instance shall a structure or any part thereof, including eaves, encroach upon an adjacent lot or cross a platted lot line.

      (5)   There shall be no openings in the exterior wall having a setback of three feet or less. Opening shall mean window, door or glass block.

      (6)   There shall be no obstructions in the side yard coincident with the designated zero lot line. Obstructions shall include mechanical equipment, satellite television dishes or other accessory structures. There shall also be no fence coincident with the designated zero lot line for the entire length of the main structure.

      (7)   See Appendix C, Figure 1, for illustration.

   (B)   Front yard setback. The minimum front yard shall be 25 feet. The front yard setback may be reduced to a minimum setback of ten feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in length, with the approval of a site plan or subdivision plat. A minimum lot depth of 65 feet, as measured from front building line to rear lot line, shall be maintained.

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

   (D)   Side yard setback. The minimum side yard shall be zero feet except that there shall be at least ten feet of separation between structures. There shall be a minimum setback of 20 feet from any property line adjacent to a street.

   (E)   Lot frontage. The minimum frontage of any garden (patio) home shall be 25 feet.

   (F)   Lot area. The minimum lot area for any development lot for garden (patio) homes shall be 2,800 square feet.

   (G)   Lot coverage. The combined area of all structures shall not exceed 65% of the lot area.

   (H)   Maximum height of structures. No structure shall exceed two stories or 35 feet in height.

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

   (J)   Common area maintenance. To ensure the long term maintenance of common land and facilities in patio home developments, the following shall be required.

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

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

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

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

(Ord. passed 4-4-2000)

   (A)   Solar PV systems, (solar PV) as defined by this adopted code, shall meet all applicable codes and ordinances and shall be installed only after issuance of a residential or commercial building permit.

   (B)   Solar PV systems can include, but not be limited to, solar PV panels, mounting systems, power optimizers, inverters, dedicated load panels, smart load panels and balance of system components such as disconnects, breakers/fuses, conductors, conduit, etc.

   (C)   Energy storage systems, (ESS-batteries) can be connected to a solar PV system but are not included in this section. The permit application should note the ESS connection and appropriate disconnects and transfer switches.

   (D)   Stand-alone power generators fueled by propane, gas, diesel or gas can be connected to a solar PV system but are not included in this section. The permit application should note the generator connection(s) and appropriate disconnects and transfer switches.

   (E)   Electric vehicle (EV) charging systems can be connected to a solar PV system but, albeit not mentioned in this section. A separate permit application will be required including any interconnections with a solar PV system.

   (F)   Wind power generator systems can be connected to a solar PV system but is not included in this section. A separate permit application will be required including any interconnections with a solar PV system.

   (G)   Solar PV system installers or contractors shall be registered with the city.

   (H)   Solar PV systems shall be sized not to exceed grid interconnect requirements of electric power distribution provider(s).

   (I)   Solar PV systems installed prior to effective date of this section shall be grandfathered, as installed. Owners wanting to upgrade, expand, or replace grandfathered solar PV systems will be required to apply for a building permit up to current code.

   (J)   Roof-mounted solar PV systems shall comply with the following:

      (1)   Solar PV panels (arrays) shall have a top edge that is parallel to the roof ridge and shall conform to the slope or the roof.

      (2)   Solar PV arrays may be located on any roof slope of an accessory building or structure, such as a patio cover or detached garage, subject to the regulations in divisions (J)(2) and (J)(5).

      (3)   Solar PV arrays mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with all provisions of this section.

      (4)   Solar PV arrays shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley, or eave.

   (K)   Ground-mounted solar PV systems shall comply with the following:

      (1)   A ground-mounted solar PV system is not permitted as the primary use of a property unless zoned RA-1 and property owner applies for a special use permit for solar PV systems larger than grid interconnect requirements of electric power distribution provider for agrivoltaic or community solar system operations.

      (2)   On residential property, ground-mounted solar panel systems shall comply with the city code for maximum square footage and minimum setback requirements for residential accessory buildings and structures; For non-residential property, ground-mounted solar PV arrays shall

comply with the minimum setback requirements for non-residential buildings and structures and shall not be located within any required buffer yard or parking space unless installed on an approved carport structure.

      (3)   Ground-mounted solar PV arrays shall not be located between a residential property line abutting a street and the building.

      (4)   Masonry and architectural requirements shall not apply to ground-mounted solar PV systems except for geotechnical data required to meet code for racking systems.

      (5)   Ground-mounted solar PV arrays on residential property less than two acres shall be screened from view from the street or adjacent properties by a screening fence. For B-1 and B-2 Zoning Districts, ground-mounted solar panel systems on non-residential property shall be screened from view from the street and adjacent properties by a screening wall constructed of materials that match the predominant material used on the building.

      (6)   The maximum height of ground-mounted solar PV arrays shall not exceed the height of the required screening fence and shall not exceed eight feet.

      (7)   Long lengths of conduit and wiring associated between the system's PV array connection to the primary electrical panel shall be buried underground to code.

   (L)   Supporting equipment for solar PV systems, shall be wall-mounted if located on the building exterior the electric meter with a screening device if needed.

   (M)   Solar PV systems shall be installed in conformance with all applicable city codes and ordinances, including the 2021 International Fire Code and future amendments thereof.

   (N)   On residential lots or tracts of two acres or larger, roof- or ground-mounted solar panel systems may face a public street provided that the solar panel system is located at least 100 feet from any street right-of-way line. Screen fencing shall not be required for ground mounted solar PV systems meeting this provision.

   (O)   Solar PV arrays incorporated into building materials (building integrated photovoltaic materials -BIPM) such as roof shingles or tiles, windows, siding, or other architectural features integral to a building's design and are similar to the existing building materials installed on the roofing or facade of the building. The eligibility of a solar PV system under this division shall be subject to the determination of the Building Official.

   (P)   Property owner(s), upon written request submitted to the Building Official, may request to schedule a public hearing for the City Council to consider an alternate location than specified in this section for a roof-mounted or ground-mounted solar PV system. The City Council shall timely schedule a public hearing, sending a certified, mailed written notice of the hearing to owners of real property, as they appear on the last approved tax roll, situated within 200 feet of the exterior boundary of the property on which the alternate solar PV system is located at least ten days prior to the date of the public hearing. Notice of the public hearing shall also be published in the official newspaper of the city at least 15 days prior to the date of the public hearing.

   (Q)   Texas House Bill (HB) 362 the "Right to Install Solar Energy Devices Act" and Texas Property Code § 202.010 protects Texas homeowners' right to install solar PV panels as defined by Texas Tax Code § 171.107.

(Ord. 2023-14, passed 1-16-2023)