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Troy City Zoning Code

§ 7

USE OF LAND AND BUILDINGS.

7-100 
Land and buildings in each of the following classified districts may be used for any of the following listed uses, but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designated or used in a manner other than specified for the district in which it is located, as set forth by the following schedule, or as such schedule may be subsequently amended:
7-101 
LEGEND FOR INTERPRETING SCHEDULE OF USE
X
Designates Use Permitted in District Indicated
 
Designates Use Prohibited in District Indicated
C
Indicates Use May be Approved as Conditional Permit (See Section 7-500)
Note: Symbols applicable to following Use Schedule 7-102 through 7-114
Primary Residential Uses (7-102)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Single-Family Detached Dwelling
X
X
X
X
X
X
X
X
C
X
 
 
Townhouse
 
 
 
 
 
 
X
X
C
X
 
 
2-Family Dwelling
 
 
 
 
 
 
X
X
 
X
 
 
Multiple-Family Dwelling (Apartment)
 
 
 
 
 
 
X
X
 
 
 
 
Community Unit Development
C
C
C
C
C
C
X
X
 
 
 
 
Boarding or Roominghouse
 
 
 
 
 
 
 
X
 
X
X
 
Hotel or Motel
 
 
 
 
 
 
 
X
 
X
X
 
Manufactured Housing Community
 
 
 
 
 
X
 
 
 
 
 
 
Modular/Industrialized Housing
C
C
C
C
C
X
C
C
 
 
 
 
Planned Neighborhood Development
C
C
C
C
C
 
C
C
 
 
 
 
Family Home
X
X
X
X
X
X
X
X
C
C
C
 
Dwelling Unit, Triplex
 
 
 
 
 
 
X
X
 
 
 
 
RV Parks
 
 
 
 
 
 
 
 
 
C
C
 
Accessory and Incidental Uses (7-103)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Accessory Building (Residential)
X
X
X
X
X
X
X
X
X
X
X
X
Accessory Building (Business or Industry)
 
 
 
 
 
 
X
X
X
X
X
X
Accessory Building (Farm)
X
X
X
X
X
 
 
 
 
 
 
 
Home Occupation
X
X
X
X
X
X
X
X
X
X
X
X
Off-Street Parking Incidental to Main Use
X
X
X
X
X
X
X
X
X
X
X
X
Off-Street Parking as an expansion of Retail or Commercial Use
C
C
C
C
C
C
C
C
X
X
X
X
Stable (Private)
X
C
C
C
C
C
C
C
C
X
X
X
Swimming Pool (Private)
X
X
X
X
X
X
X
X
X
X
X
X
Temporary Field or Construction Office
Subject to Temporary Permit Issued by City Secretary
Utility and Service Uses (7-104)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Electrical Substation (High Voltage Bulk Power)
X
C
C
C
C
C
C
C
C
X
X
X
Electrical Energy Generating Plant
C
 
 
 
 
 
 
 
 
C
X
X
Electrical Transmission Line (High Voltage)
X
X
C
C
C
C
C
C
C
X
X
X
Fire Station
X
X
X
X
X
X
X
X
X
X
X
X
Gas Line and Regulating Station
X
X
X
X
X
X
X
X
X
X
X
X
Public Building Shop Yard of Local, State, or Federal Government
C
C
C
C
C
C
C
C
C
X
X
X
Radio, Television or Microwave Tower
C
C
 
 
 
 
 
 
X
X
X
X
Radio-Television Transmitting Station
C
C
 
 
 
 
 
 
X
X
X
X
Sewage Pumping Station
X
X
C
C
C
C
C
C
C
C
X
X
Sewage Treatment Plant
C
 
 
 
 
 
 
 
 
 
C
X
Telephone Business Office
 
 
 
 
 
 
 
 
X
X
X
X
Telephone Exchange Switching-Relay or Transmitting Equipment
X
X
X
X
X
X
X
X
X
X
X
X
Utility Shops or Storage Yards or Buildings
 
 
 
 
 
 
 
 
 
X
X
X
Utilities Other Than Listed
C
C
C
C
C
C
C
C
C
X
X
X
Water Stand Pipe or Elevated Storage Water
X
X
X
X
X
X
X
X
X
X
X
X
Water Reservoir Well or Pumping Station
X
X
X
X
X
X
X
X
X
X
X
X
Water Treatment Plant
C
C
C
C
C
C
C
C
C
X
X
X
† Height limitation exists in A and L districts. Refer to Section 9 - Height Regulations
† Recreational and Entertainment Uses (7-105)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Alcoholic Beverage Sales/Consumption on Site
 
 
 
 
 
 
 
 
 
 
 
 
a) Beer Only Less than 75% Revenue/Alcohol
 
 
 
 
 
 
 
 
C
X
X
X
b) Beer Only 75% or More Revenue/Alcohol
 
 
 
 
 
 
 
 
 
C
C
C
c) Mixed Drinks (incl. Beer) Less than 75% Revenue/Alcohol
 
 
 
 
 
 
 
 
C
C
C
C
d) Mixed Drinks (incl. Beer) 75% or More Revenue/Alcohol
 
 
 
 
 
 
 
 
 
C
C
C
Amusement, Commercial (Indoor)*
 
 
 
 
 
 
 
 
 
X
X
X
Amusement, Commercial (Outdoor)*
C
 
 
 
 
 
 
 
 
X
X
X
Carnival or Circus (Temporary)*
X
 
 
 
 
 
 
 
 
X
X
X
Country Club (Private)*
C
 
 
 
 
 
 
 
 
X
X
X
Dance Hall *
 
 
 
 
 
 
 
 
 
X
X
X
Day Camp for Children
X
X
 
 
 
 
 
 
 
C
C
 
Drag Strip or Commercial Racing
C
 
 
 
 
 
 
 
 
C
C
X
Golf Course (Commercial)
C
 
 
 
 
 
 
 
 
X
X
X
Park or Playground (Public)
X
X
X
X
X
X
X
X
X
X
X
X
Playfield or Stadium (Public)
X
 
C
C
C
C
C
C
C
X
X
X
Roller or Ice Rink
C
 
 
 
 
 
 
 
 
X
X
X
Rodeo Grounds
C
 
 
 
 
 
 
 
 
X
X
X
Shooting Range (Outdoor)
C
 
 
 
 
 
 
 
 
 
C
C
Swim, Tennis, Handball, Fitness Club
C
 
 
 
 
 
C
C
C
X
X
X
Swimming Pool (Commercial)
C
 
 
 
 
 
 
 
 
X
X
X
Theater or Playhouse in Building
 
 
 
 
 
 
 
 
X
X
X
X
Theater (Open, Drive-in)
C
 
 
 
 
 
 
 
 
X
X
X
Zoo (Public)
X
 
 
 
 
 
 
 
 
C
X
X
Zoo (Private)
C
 
 
 
 
 
 
 
 
C
X
X
*If Alcohol Sales are Planned, Must Conform to Appropriate Listing and Its Standards
Educational, Institutional and Special Uses (7-106)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Art Gallery or Museum
 
 
 
 
 
 
 
 
X
X
X
X
Cemetery, Mausoleum, Crematorium
C
C
C
C
C
C
C
C
C
C
C
C
Child Care
 
 
 
 
 
 
 
 
 
 
 
 
a) Small, Home-based Facility
X
X
X
X
X
X
X
X
X
X
 
 
b) Intermediate Facility
C
C
C
C
C
C
C
C
X
X
X*
X*
c) Large Facility
C
C
 
 
 
 
 
 
X
X
X*
X*
Church or Rectory
X
X
X
X
X
X
X
X
X
X
X
X
College or University
C
C
C
C
C
C
C
C
 
X
X
 
Convent or Monastery
C
C
C
C
C
C
C
C
C
X
X
 
Community Center (Public)
C
C
C
C
C
C
C
C
C
C
C
C
Fairgrounds or Exhibition Area
C
C
 
 
 
 
 
 
 
X
X
X
Fraternity or Sorority
C
C
 
 
 
 
C
C
 
X
X
 
Fraternal Organization, Lodge or Union Hall
C
C
 
 
 
 
 
C
 
X
X
X
Kindergarten, Preschool
C
C
C
C
C
C
C
C
X
X
X*
X*
Halfway House
 
 
 
 
 
 
C
C
C
C
C
 
Home for Aged, Residence
C
C
 
 
 
 
C
X
 
X
X
 
Hospital, Acute Care
C
 
 
 
 
 
 
 
 
X
X
 
Hospital, Chronic Care
C
 
 
 
 
 
 
 
 
X
X
 
Institution for Alcoholic or Narcotic Patients
C
C
 
 
 
 
 
 
 
X
X
 
Institution - Religious - Charitable - Philanthropic Nature
C
C
C
C
C
C
C
C
C
X
X
X
Military Reserve, National Guard Center
 
 
 
 
 
 
 
 
 
X
X
X
Penal, Correctional Facility
C
 
 
 
 
 
 
 
 
C
X
X
School, Business
 
 
 
 
 
 
 
 
X
X
X
X
School, Commercial – Trade
 
 
 
 
 
 
 
 
 
X
X
X
School, Public or Denominational
X
X
X
X
X
X
X
X
X
X
X
 
*Allowed only when provided in conjunction with service to employees. See definition.
Transportation and Related Uses (7-107)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Airport or Landing Field
C
C
 
 
 
 
 
 
 
C
X
X
Emergency Vehicle Service (Ambulance)
 
 
 
 
 
 
 
 
 
X
X
X
Bus Station or Terminal
 
 
 
 
 
 
 
 
 
X
X
X
Hauling or Storage Company
 
 
 
 
 
 
 
 
 
X
X
X
Heliport
C
C
 
 
 
 
 
 
 
C
X
X
Helistop
C
C
 
 
 
 
 
 
C
C
X
X
Motor Freight Terminal
 
 
 
 
 
 
 
 
 
X
X
X
Railroad Freight Terminal
 
 
 
 
 
 
 
 
 
X
X
X
Railroad Passenger Station
 
 
 
 
 
 
 
 
 
X
X
X
Railroad Track or Right-of-Way
X
X
X
X
X
X
X
X
X
X
X
X
Railroad Team Track
 
 
 
 
 
 
 
 
 
X
X
X
Railroad Yard or Roundhouse
 
 
 
 
 
 
 
 
 
X
X
X
Parking Lot, Trucks and Trailers
 
 
 
 
 
 
 
 
 
X
X
X
Parking Lot or Structure (Commercial)
 
 
 
 
 
 
 
 
 
X
X
X
Automobile and Related Service Uses (7-108)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Auto Laundry (Carwash)
 
 
 
 
 
 
 
 
 
X
X
X
Auto Leasing, Rental
 
 
 
 
 
 
 
 
 
X
X
X
Auto Parts Accessory and Sales (Indoors)
 
 
 
 
 
 
 
 
 
X
X
X
Auto Parts Accessory and Sales (Outdoors)
 
 
 
 
 
 
 
 
 
C
X
X
Auto Storage or Auto Auction
 
 
 
 
 
 
 
 
 
C
X
X
Boat Sales, Servicing
 
 
 
 
 
 
 
 
 
X
X
X
Gasoline Station Full Service
 
 
 
 
 
 
 
 
 
X
X
X
Gasoline Station Self-Service
 
 
 
 
 
 
 
 
C
X
X
X
Major Vehicle Repair
 
 
 
 
 
 
 
 
 
X
X
X
Minor Vehicle Servicing
 
 
 
 
 
 
 
 
 
X
X
X
New or Used Auto Sales Outdoor Lot
 
 
 
 
 
 
 
 
 
X
X
X
New or Used Auto Sales Facility
 
 
 
 
 
 
 
 
 
X
X
X
Motorcycle or Scooter Sales and Repair
 
 
 
 
 
 
 
 
 
X
X
X
Truck Sales
 
 
 
 
 
 
 
 
 
X
X
X
Truck Stop
 
 
 
 
 
 
 
 
 
X
X
X
Wrecker or Salvage Yard
 
 
 
 
 
 
 
 
 
 
C
C
Retail and Service Type Uses (7-109)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Alcohol Beverage Sales for Off-Premises Consumption
 
 
 
 
 
 
 
 
C
X
X
X
Antique Shop
 
 
 
 
 
 
 
 
X
X
X
X
Art Supply Store
 
 
 
 
 
 
 
 
X
X
X
X
Bakery or Confectionery Shop (Retail)
 
 
 
 
 
 
 
 
X
X
X
X
Bank or Savings and Loan Office
 
 
 
 
 
 
 
 
X
X
X
X
Barbershop or Beauty Shop
 
 
 
 
 
 
 
 
X
X
X
X
Book or Stationery Shop or Newsstand
 
 
 
 
 
 
 
 
X
X
X
X
Cleaning and Pressing, Small Shop and Pick-Up
 
 
 
 
 
 
 
 
X
X
X
X
Cleaning Plant (Commercial)
 
 
 
 
 
 
 
 
 
X
X
X
Custom Personal Service Shop
 
 
 
 
 
 
 
 
X
X
X
X
Discount or Department Store
 
 
 
 
 
 
 
 
 
X
X
X
Drapery, Needlework, or Weaving Shop
 
 
 
 
 
 
 
 
X
X
X
X
Drugstore or Pharmacy
 
 
 
 
 
 
 
 
X
X
X
X
Fireworks Stand
 
 
 
 
 
 
 
 
 
C
C
C
Florist or Garden Shop
 
 
 
 
 
 
 
 
X
X
X
X
Food/Beverage Sales Store with Gasoline Sales
 
 
 
 
 
 
 
 
C
X
X
X
Food/Beverage Sales Store without Gasoline Sales
 
 
 
 
 
 
 
 
X
X
X
X
Food/Beverage Sales Store
 
 
 
 
 
 
 
 
X
X
X
X
Furniture and Appliance Store
 
 
 
 
 
 
 
 
 
X
X
X
Greenhouse or Plant Nursery (Retail Sales)
 
 
 
 
 
 
 
 
X
X
X
X
Handcraft Shop and Art Objects
 
 
 
 
 
 
 
 
X
X
X
X
Hardware Store or Hobby Shop
 
 
 
 
 
 
 
 
 
X
X
X
Household Appliance Service or Repair
 
 
 
 
 
 
 
 
 
X
X
X
Incidental or Accessory Retail and Service Uses
 
 
 
 
 
 
 
 
C
X
X
X
Key Shop
 
 
 
 
 
 
 
 
X
X
X
X
Laboratory Medical or Dental
 
 
 
 
 
 
 
 
C
X
X
X
Laundry and Cleaning (Self-Service)
 
 
 
 
 
 
 
 
X
X
X
X
Medical Appliances, Fitting, Sales or Rental
 
 
 
 
 
 
 
 
X
X
X
X
Mortuary or Funeral Home
 
 
 
 
 
 
 
 
 
X
X
X
Offices, General Business and Professional
 
 
 
 
 
 
 
 
X
X
X
X
Offices, Medical or Dental
 
 
 
 
 
 
 
 
X
X
X
X
Pawnshop
 
 
 
 
 
 
 
 
 
X
X
X
Pet Shop
 
 
 
 
 
 
 
 
 
X
X
X
Restaurant or Cafeteria (Not Drive-In Type)
 
 
 
 
 
 
 
 
X
X
X
X
Restaurant or Cafeteria (Drive-In Service)
 
 
 
 
 
 
 
 
 
X
X
X
Retail Shop, Gift, Apparel, Accessory and Similar Items
 
 
 
 
 
 
 
 
X
X
X
X
Retail Store or Shop Other Than Listed
 
 
 
 
 
 
 
 
X
X
X
X
Studio, Decorator, Artist, Photographer
 
 
 
 
 
 
 
 
X
X
X
X
Studio, Health and Reducing or Similar Service
 
 
 
 
 
 
 
 
C
X
X
X
Studio, Music, Dance or Drama
 
 
 
 
 
 
 
 
X
X
X
X
Tool Rental (Inside a Building)
 
 
 
 
 
 
 
 
 
X
X
X
Tool Rental (Outside Equipment Storage)
 
 
 
 
 
 
 
 
 
X
X
X
Travel Bureau or Consultant
 
 
 
 
 
 
 
 
X
X
X
X
Variety Store or Similar Retail Outlet
 
 
 
 
 
 
 
 
 
X
X
X
Veterinarian, Office Only (No Animal Hospital)
 
 
 
 
 
 
 
 
X
X
X
X
Veterinarian Hospital (Inside Pens Only)
 
 
 
 
 
 
 
 
 
X
X
X
Veterinarian Hospital (Outside Pens)
C
 
 
 
 
 
 
 
 
C
X
X
Agricultural Uses (7-110)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Farm, Ranch, Orchard or Garden
X
X
X
X
X
X
X
X
X
X
X
X
Livestock Auction
C
 
 
 
 
 
 
 
 
C
C
X
Hatchery, Poultry
C
 
 
 
 
 
 
 
 
X
X
X
Animal Pound (Public or Private)
C
 
 
 
 
 
 
 
 
C
X
X
Kennel
C
 
 
 
 
 
 
 
 
X
X
X
Animal Feed Lot
C
 
 
 
 
 
 
 
 
 
 
C
Greenhouse or Nursery (Commercial)
X
 
 
 
 
 
 
 
 
X
X
X
Hatchery, Fish/Shrimp, Fish Farm
C
 
 
 
 
 
 
 
 
C
C
C
Grain Elevator
C
 
 
 
 
 
 
 
 
 
C
C
Commercial Type Uses (7-111)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Bakery or Confectionery Wholesale
 
 
 
 
 
 
 
 
 
X
X
X
Bottling Works
 
 
 
 
 
 
 
 
 
X
X
X
Building Material Sales
 
 
 
 
 
 
 
 
 
X
X
X
Cabinet and Upholstery Shop
 
 
 
 
 
 
 
 
 
X
X
X
Cleaning, Dyeing or Laundry Plant
 
 
 
 
 
 
 
 
 
X
X
X
Clothing or Similar Light Manufacturing
 
 
 
 
 
 
 
 
 
X
X
X
Contractor Storage and Equipment Yard
 
 
 
 
 
 
 
 
 
X
X
X
Flea Market (Indoors)
 
 
 
 
 
 
 
 
 
X
X
X
Flea Market (Outdoors)
 
 
 
 
 
 
 
 
 
X
X
X
Heavy Machinery Sales, Storage and Repair*
 
 
 
 
 
 
 
 
 
X
X
X
Light Manufacturing and Assembly Process
 
 
 
 
 
 
 
 
 
X
X
X
Laboratory, Manufacturing
 
 
 
 
 
 
 
 
 
X
X
X
Laboratory, Scientific or Research
C
 
 
 
 
 
 
 
C
X
X
X
Lithographic or Print Shop
 
 
 
 
 
 
 
 
 
X
X
X
Maintenance and Repair Service for Building
 
 
 
 
 
 
 
 
 
X
X
X
Milk Depot, Dairy or Ice Cream Plant
 
 
 
 
 
 
 
 
 
X
X
X
Mini-Storage Warehouse
 
 
 
 
 
 
 
 
 
X
X
X
Open Storage of Furniture, Appliances or Machinery*
 
 
 
 
 
 
 
 
 
X
X
X
Paint Shop
 
 
 
 
 
 
 
 
 
X
X
X
Plumbing Shop
 
 
 
 
 
 
 
 
 
X
X
X
Storage Warehouse
 
 
 
 
 
 
 
 
 
X
X
X
Trailer, Portable Bldg., Mobile Home, Sales or Rental
 
 
 
 
 
 
 
 
 
X
X
X
Upholstery Shop
 
 
 
 
 
 
 
 
 
X
X
X
Warehouse, Office
 
 
 
 
 
 
 
 
 
X
X
X
Welding or Machine Shop
 
 
 
 
 
 
 
 
 
X
X
X
Wholesale Storage and Sales
 
 
 
 
 
 
 
 
 
X
X
X
*See Section 13
Natural Resource Storage and Extraction Uses (7-112)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Caliche Pit and Caliche Storage
C
 
 
 
 
 
 
 
 
C
C
X
Mining and Storage of Mining Waste
C
 
 
 
 
 
 
 
 
 
C
C
Petroleum or Gas Well
C
C
C
C
C
C
C
C
C
C
C
C
Petroleum Storage and Collecting Facilities
C
 
 
 
 
 
 
 
 
C
C
X
Sand or Gravel Extraction or Storage
C
 
 
 
 
 
 
 
 
C
C
X
Topsoil Earth, Clay or Stone Extraction or Storage
C
 
 
 
 
 
 
 
 
C
C
X
Special Industrial Process Uses (7-113)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Asphalt or Concrete Batching Plant (Permanent)
 
 
 
 
 
 
 
 
 
 
C
X
Asphalt or Concrete Batching Plant (Temporary)
C
C
C
C
C
C
C
C
C
C
X
X
Brick Kiln or Tile Plant
 
 
 
 
 
 
 
 
 
 
 
C
Cement or Hydrated Lime Plant
 
 
 
 
 
 
 
 
 
 
 
C
Dump or Sanitary Landfill Area
 
 
 
 
 
 
 
 
 
 
C
C
Recycling Collection Location
C
 
 
 
 
 
 
 
 
X
X
X
Recycling Operation Inside a Building
 
 
 
 
 
 
 
 
 
 
C
X
Recycling Operation Outside a Building
 
 
 
 
 
 
 
 
 
 
C
X
Slaughter House Meat Packing Plant
 
 
 
 
 
 
 
 
 
 
C
C
Smelting, Refinery or Chemical Plant
 
 
 
 
 
 
 
 
 
 
 
C
Wrecking Yard
 
 
 
 
 
 
 
 
 
 
C
C
General Manufacturing and Industrial Uses (7-114)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Light Manufacturing or Industrial Uses as Defined by Section 7-400
 
 
 
 
 
 
 
 
 
 
X
X
Heavy Manufacturing or Industrial Uses as Defined by Section 7-400
 
 
 
 
 
 
 
 
 
 
 
X
Sexually Oriented Businesses As Defined by City Ordinance
 
 
 
 
 
 
 
 
 
 
 
C
7-200 
CLASSIFICATION OF NEW AND UNLISTED USES
In order to evaluate a proposal for a land use not identified by this ordinance, a determination of the appropriate classification of any new or unlisted land use will occur as follows:
1. 
The City Secretary may refer the question concerning any new or unlisted use to the City Council requesting an interpretation of the appropriate zoning classification for such a use. The City Secretary shall submit to the Council a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
2. 
The City Council shall consider the nature and described performance of the proposed use, its compatibility with the uses permitted in the various districts, and determine the zoning district or districts within which such use should be permitted. The City Council shall, by ordinance, approve the referred zoning proposal, or make such determination concerning classification of the use as it determines appropriate.
7-300 
NOISE
At no point at the bounding line may a zoning district receive sound pressure levels that exceed the decibel levels specified in the groups designated in the following table:
Residential Zoning District
Business Zoning District
Ag/Industrial Zoning District
UE
LR
A
SF-1
GB
LI
SF-2
 
HI
SF-3
 
 
MH
 
 
MF-1
 
 
MF-2
 
 
Max dB Received
Max dB Received
Max dB Received
65
70
75
Decibel (dB) means a unit of measure of sound pressure, or noise level. An increase by ten decibels doubles the volume.
Measurement of the noise shall be made with a decibel meter meeting the standards prescribed by the American National Standards Institute.
The noise levels included in this ordinance shall not be applicable to extraction operations or emergency vehicles.
7-400 
PERFORMANCE STANDARDS LI, HI (Light Industrial and Heavy Industrial) Districts
All uses in the LI (Light Industrial) and the HI (Heavy Industrial) Districts shall conform in operation, location and construction to the performance standards herein specified for odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.
LI (Light Industrial): The LI District is intended primarily for the conduct of light manufacturing, assembling and fabrication, and for warehousing, research & development, wholesaling and service operations which do not typically depend upon frequent customer or client visits and may include employment centers for the local workforce.
HI (Heavy Industrial): The HI District is intended to provide areas mainly for manufacturing and industrial activities whose generation of nuisance effects is ordinarily greater than that of other industries. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts wherever possible.
7-401 
SMOKE AND PARTICULATE MATTER
No operation or use in a [an] LI District or HI District shall cause, create or allow the emission of air contaminants that violate State or Federal environmental laws. Open storage and open processing operations, including on-site transportation movements which are a source of wind or airborne dust or other particulate matter, are subject to the standards and regulations specified herein.
7-402 
ODOROUS MATTER
1. 
No use may be located or operated in a [an] LI District which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
2. 
No use may be located or operated in a [an] HI District which involves the emission of odorous matter from a source of operation where the odorous matter exceeds a concentration at the bounding property line or any point the tract [sic] on which such use or operation is located which, when diluted with an equal volume of odor free air, exceeds the odor threshold (2 odor units).
3. 
The odor threshold as herein set forth is determined by observation by the City Secretary. In any case where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing Materials, A.S.T.M.D. 1391-57, Entitled “STANDARD METHOD FOR MEASUREMENT OF ODOR IN ATMOSPHERES,” will be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.
7-403 
FIRE AND EXPLOSIVE HAZARD MATERIAL
1. 
No use involving the manufacture or storage of compounds or products which decompose by detonation is permitted in an LI District or an HI District except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshal of the City as not presenting a fire or explosion hazard.
2. 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose films, solvents and petroleum products is Permitted only when such storage or use conforms to the standards and regulations of the National Fire Protection Association.
7-404 
TOXIC AND NOXIOUS MATTER
1. 
No operation or use permitted in an LI (light industrial) District may emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which exceeds the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, as such regulations exist or may later be amended.
2. 
No operation or use permitted in an HI (heavy industrial) District may emit a concentration across the bounding property line of the tract on which such operation or use [is located] violating State or Federal environmental laws. Open storage and open processing operations, including on-site transportation movements which are a source of wind or airborne dust or other particulate matter, are subject to the standards and regulations specified herein[.]
7-405 
VIBRATION
1. 
No operation or use in an LI District may at any time create earthborne vibration which, when measured at the bounding property line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified.
FREQUENCY CYCLES PER SECOND
DISPLACEMENT IN INCHES
0 to 10
.0010
10 to 20
.0008
20 to 30
.0005
30 to 40
.0004
40 to 50
.0003
2. 
No operation of use in an HI District may at any time create earthborne vibration which, when measured at the bounding property line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified.
FREQUENCY CYCLES PER SECOND
DISPLACEMENT IN INCHES
0 to 10
.0020
10 to 20
.0016
20 to 30
.0010
30 to 40
.0006
40 AND OVER
.0005
7-406 
GLARE
No use or operation in a [an] LI or HI District may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
7-500 
CONDITIONAL USE PERMIT, PURPOSE
7-501 
This section provides the City Council the opportunity to deny or conditionally approve those uses for which conditional use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.
7-502 
The City Council, after a public hearing and proper notice to all parties affected may authorize the issuance of conditional use permits for the uses indicated by “C” in the Use Schedule 7-102 through 7-114.
7-503 
A building permit or certificate of occupancy will not be issued for any use proposed in a zoning district which requires a conditional use permit unless a conditional use permit has first been authorized in accordance with the provisions of this article.
7-504 
Any person proposing to begin a use requiring a conditional use permit may file an application available in City Hall. The application shall be accompanied by a site plan. The site plan, along with the application, will become a part of the conditional use permit, if approved. The accompanying site plan shall provide the following information:
1. 
Data describing all the processes and activities involved with the proposed use;
2. 
Boundaries of the area covered by the site plan;
3. 
The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits;
4. 
The location of existing drainageways and significant natural features;
5. 
Proposed landscaping and screening buffers;
6. 
Location and dimensions of all curb cuts, public and private streets, parking and loading areas[,] pedestrian walks, lighting facilities, and outside trash storage facilities;
7. 
The location, height, and type of each wall, fence, and all other types of screening; and
8. 
The location, height, and size of all proposed signs.
7-505 
The notification and public hearing process for conditional use permits or revocations thereof shall be the same as rezoning amendments.
7-506 
A conditional use permit shall be authorized only if all the following conditions have been found:
1. 
The conditional use permit will be compatible with and not injurious to the use and enjoyment of the property, nor significantly diminish or impair property values within the immediate vicinity;
2. 
The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property;
3. 
Adequate utilities, access roads, drainage, and other necessary support facilities have been or will be provided;
4. 
The design, location, and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development;
5. 
Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odors, fumes, dust, noise, and vibration;
6. 
Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and
7. 
There is sufficient landscaping and screening to insure harmony and compatibility with adjacent property.
7-507 
CONDITIONAL USE PERMITS FOR ON-PREMISES SALE OF BEER OR MIXED DRINKS.
1. 
A conditional use permit to allow the on-premises sale of beer or mixed drinks, once approved, shall run with the land and be used in conjunction with the conditions approved or as modified, and is required for:
(a) 
The sale of beer only, for on-premises consumption, where the gross revenue from the sale of beer for on-premises consumption is seventy-five percent (75%) or more of the total gross revenues for the establishment;
(b) 
The sale of mixed drinks (includes beer), for on-premises consumption, where the gross revenue from the sale of mixed drinks for on-premises consumption is less than seventy-five percent (75%) of the total gross revenue for the establishment; and
(c) 
The sale of mixed drinks (includes beer), for on-premises consumption, where the gross revenue from the sale of mixed drinks for on-premises consumption is equal to or greater than seventy-five percent (75%) of the total gross revenue for the establishment.
2. 
General conditions applicable to all conditional use permits allowing the on-premises consumption of beer or mixed drinks.
(a) 
The permittee must design and operate the establishment in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or the immediately surrounding area.
(b) 
The permittee must comply with applicable licensing and permit provisions of the Alcoholic Beverage Code within six (6) months from the date of the issuance of the conditional use permit by the City Council, such limitation in time being subject to review and possible extension by the City.
(c) 
The permittee must demonstrate that the granting of the permit would not be detrimental to the public welfare of the citizens of the City.
(d) 
The permittee must, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The permittee shall consult with the Chief of Police, who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his obligations hereunder.
(e) 
The establishment must provide adequate parking spaces to accommodate its members and their guests. Provided, however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.
(f) 
The permittee must operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment or in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners.
(g) 
The City Council may deny or revoke a conditional use permit if it affirmatively determines that the issuance of the same is (a) incompatible with the surrounding uses of property, or (2) detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the City and its inhabitants.
(h) 
A conditional use permit issued under this section runs with the property and is not affected by a change in the owner or lessee of a permitted establishment.
(i) 
All conditional use permits issued under this section will be further conditioned that the same may be canceled, suspended or revoked in accordance with the revocation clause set forth in Section 7-409[7-509].
3. 
Conditions applicable to conditional use permits allowing the on-premises sale of mixed drinks, where the gross revenue from the on-premises sale of mixed drinks is less than 75% of the total gross revenue of the establishment.
(a) 
Conditional use permits for this use may be approved in the following zoning districts: Local Retail, General Business, Light Industrial, and Heavy Industrial.
(b) 
No conditional use permit may be granted if the establishment for which a permit is sought is within five hundred (500) feet of a church, public school or public hospital. The measurement of the distance shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(c) 
A conditional use permit under this subsection is expressly conditioned upon the establishment deriving less than 75% of its total gross receipts from the on-premises sale of mixed drinks (including beer). The conditional use permit shall provide that the City shall have the right to inspect the books of the permitted establishment during reasonable business hours. A holder of a conditional use permit issued under this subsection shall maintain accounting records for the establishment in such a manner as to accurately track the percentage of gross revenue for the establishment attributable to the on-premises sale of alcoholic beverages (mixed drinks and beer). The permittee bears the burden of showing that his establishment does not receive 75% or more of its revenue from the on-premises sale of alcoholic beverages.
(d) 
The permittee shall provide regular food service adequate for its members and guests and shall actively promote the sale of food on the premises. The term “food service adequate for its members” shall mean that complete meals shall be available in the establishment for service to members, their families and guests. The term “gross receipts” shall mean all receipts from sales in the establishment with the exception of admission charges and membership fees.
4. 
Conditions applicable to conditional use permits allowing either the on-premises sale of mixed drinks or beer, where the gross revenue from the on-premises sale of all alcoholic beverages is equal to or greater than 75% of the total gross revenue of the establishment.
(a) 
Conditional use permits for this use may be approved in the following zoning districts: Local Retail, General Business, and General Industrial.
(b) 
No conditional use permit may be granted if the establishment for which a permit is sought is within five hundred (500) feet of a church, public school or denominational school, public hospital, publicly owned park, or any residentially zoned or developed lot. All distances provided for in this section will be determined by the measurement to be made in a straight line from the perimeter of the premises to be permitted to the nearest property line of the said church, public or denominational school, hospital, publicly owned park, any residentially zoned district, residential lot, or any residential development. A location in a multistoried building on other than the ground floor will be treated as though it were on the ground floor for purpose of this straight line distance measurement between property lines.
7-508 
In authorizing a conditional use permit, the City Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a conditional use permit is valid. The City Council in considering and determining the additional conditions may impose such developmental standards and safeguards as conditions and locations indicate to be important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glares, offensive view or other undesirable or hazardous conditions.
7-509 
A conditional use permit, once approved, shall run with the land and be used in conjunction with conditions approved, or as modified. A conditional use permit may be revoked or modified, after notice to the property owner and a hearing before the City Council, for and any of the following reasons:
1. 
The conditional use permit was obtained or extended by fraud of deception; or
2. 
That one or more of the conditions imposed by the permit has not been met or has been violated; or
3. 
That the conditional use permit previously authorized is determined to be detrimental to the public health, safety and/or welfare.
7-510 
The procedure for amendment of a conditional use permit will be the same as for a new application.
7-511 
A person making application for a conditional use permit shall pay a fee in an amount determined, and as from time to time amended, by resolution approved by the City Council, a copy of which shall be on file with the City Secretary and in accordance with Section 20-101 [19-101].
7-512 
All zoning district maps of the City of Troy will contain the following:
CAUTION: Any prospective property owners or lessees should review the official zoning map located in the City Secretary’s office before consummating any agreement based on the current zoning depicted on this map and/or the current use of this property. Such warning shall be placed in a conspicuous place on the map.
7-520 
AUTO REPAIR/SERVICING FACILITY SITE STANDARDS
Two categories of Motor Vehicle Servicing/Repair are hereby established and they include Minor Vehicle Servicing and Major Vehicle Repair.
7-521 
MINOR VEHICLE SERVICING
1. 
MINOR VEHICLE SERVICING is a business specializing in minor, routine, periodic, preventive maintenance of a motor vehicle conducted entirely within an enclosed building, including the following:
(a) 
servicing of spark plugs, batteries, distributors and distributor parts and including minor engine tune-ups;
(b) 
tire servicing and flat repair but not recapping or regrooving;
(c) 
radiator cleaning and flushing (on vehicle);
(d) 
fuel pump, oil pump, and related maintenance;
(e) 
minor servicing of carburetors;
(f) 
emergency wiring repairs;
(g) 
minor motor adjustment not involving removal of head or crankcase;
(h) 
quick oil and filter change;
(i) 
servicing hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, seat belts, windshield wipers, wiper blades, grease retainers, wheel bearings, mirrors, and installation of vehicle accessories such as radios;
(j) 
lubrication, greasing, and washing;
(k) 
disc pad replacement and minor brake adjustment.
Minor vehicle servicing is allowed in GB, LI and HI zoning districts by right.
2. 
MINOR VEHICLE SERVICING DEVELOPMENT STANDARDS
(a) 
vehicle servicing must be conducted completely within an enclosed building;
(b) 
motor vehicles shall not exceed 1-1/2 tons;
(c) 
all buildings shall be set back not less than 25' from all existing or proposed street rights-of-way, whichever is greater, 25' from any residentially zoned or developed property, and 25' from any public property, such as a school or park site;
(d) 
signage shall conform to the appropriate zoning district;
(e) 
there shall be no outside storage or display of any kind;
(f) 
there shall be no parking of damaged motor vehicles, except on a temporary basis not to exceed 72 hours;
(g) 
customer parking shall be provided on the site at a ratio of one (1) space for each 200 square feet of gross building floor area, and shall conform to parking requirements in the zoning ordinance;
(h) 
site plan review by the City Secretary is required prior to initiating this use in order to ensure conformance with these conditions.
7-522 
MAJOR VEHICLE REPAIR
1. 
MAJOR VEHICLE REPAIR is a business specializing in major repair of motor vehicles including any use listing below, as well as any use not listed as minor vehicle servicing:
(a) 
auto glass, seat cover and muffler shop;
(b) 
auto painting or body rebuilding shop;
(c) 
tire retreading and capping;
(d) 
body, fender, clutch, transmission, differential, axle, spring and frame repairs;
(e) 
major overhauling of engines requiring removal therefrom of cylinder head or crankcase pan and any associated engine rebuilding;
(f) 
repair of radiator requiring removal from the vehicle;
(g) 
repair of truck, trailer, farm or industrial equipment, or other machinery/supplies;
(h) 
brake work or repair, other than minor maintenance in section 7-521-1(a–k) above.
Major vehicle repair is allowed in GB, LI, and HI districts, and is not allowed in the LR district under any circumstances.
2. 
MAJOR VEHICLE REPAIR DEVELOPMENT STANDARDS
(a) 
this use shall be conducted within a building (although does not always have to be completely enclosed due to the nature of some of the uses);
(b) 
this use shall observe a minimum separation of 20' to residentially developed or zoned property and 20' from public property such as a school or park;
(c) 
vehicle parts and wrecked vehicles may be stored outside of a building if screened from public view at any street, residentially developed or zoned property, or adjacent or opposite public property such as a school or park. Such storage shall never occupy more than 20% of the lot or tract; screening standards shall conform to provisions specified in Section 13-102-4;
(d) 
there is no vehicle size limit;
(e) 
signage shall conform to appropriate zoning district;
(f) 
customer parking shall be provided on the site at a ratio of one (1) space for each 200 square feet of gross building floor area, and shall conform to parking requirements in the zoning ordinance.
(g) 
site plan review by the City Secretary is required prior to initiating this use in order to ensure conformance with these conditions.
7-530 
STANDARDS FOR CHILD CARE
CHILD CARE - SMALL HOME-BASED FACILITY
1. 
CHILD CARE - SMALL HOME-BASED FACILITY: A private residence where the occupant provides custodial care and supervision during daylight hours for a maximum six (6) children at any one time. The maximum of 6 children includes the family’s natural or adopted children under the age of 14. The residence must contain a minimum 150 square feet of floor area for each child. This use shall exclude a foster home and group home.
2. 
This use is allowed by right in all the single-family residential zoning districts including AGRICULTURAL, URBAN ESTATE, SINGLE-FAMILY, MANUFACTURED HOME, and MULTIPLE-FAMILY districts, as well as in LR and GB districts.
3. 
A safe loading and unloading location shall be provided. Off-street parking in addition to normally required parking for the residence is not required.
7-531 
CHILD CARE CENTER - INTERMEDIATE FACILITY
1. 
CHILD CARE CENTER - INTERMEDIATE FACILITY: A facility (including nonresidential structures) which provides custodial care and supervision for less than 24 hours a day for between 7 and 12 children, excluding a foster and group home. The facility must contain a minimum 150 square feet of floor area for each child.
2. 
This use is allowed by conditional use permit in the residential districts including AGRICULTURAL, URBAN ESTATE, SINGLE-FAMILY, MANUFACTURED HOME, and MULTIPLE-FAMILY districts. An Intermediate facility is allowed by right in LR and GB and allowed in LI and HI only in conjunction with a business where this service is provided for employees.
3. 
CHILD CARE - INTERMEDIATE FACILITY: An off-street location such as a circle drive or another suitable location shall be provided for loading and unloading. Maneuvering room must be provided on the tract for parking and loading so as to preclude the necessity of backing out into public streets. A minimum of 2 off-street parking spaces shall be provided, with 1 additional parking space provided for each staff member in excess of 2. Loading, unloading, and parking areas shall be paved with either asphalt or concrete.
7-532 
CHILD CARE - LARGE FACILITY
1. 
CHILD CARE CENTER - LARGE FACILITY: A facility where over 12 children receive custodial care and supervision for less than 24 hours a day, excluding foster and group homes.
2. 
This use is prohibited in SINGLE-FAMILY, MANUFACTURED HOME, and MULTIPLE-FAMILY districts. A LARGE FACILITY is allowed by conditional use permit in A and UE districts. A LARGE FACILITY is allowed by right in LR and GB; and is allowed in LI and HI when provided in conjunction with a business providing this service to its employees.
3. 
The parking objective stated in section 7-531-3 for an intermediate facility is identical for the large facility. In this circumstance, parking will be provided on the basis of 1 space per 400 square feet of gross floor area.
7-533 
SITE DEVELOPMENT STANDARDS
An applicant proposing a child care facility is required to prepare a site plan in accordance with the following minimum standards and the City Secretary will verify compliance and issue a letter of conformance.
1. 
Location.
Each facility shall be located in an area which is free from conditions dangerous to the physical and moral well-being of the children.
2. 
Construction Codes.
The building is subject to all other applicable laws, ordinances, and regulations of the city including, but not limited to, building, electrical, fire and health requirements, and enforcement by the City Secretary[.]
3. 
Play Area.
The play area shall be separated from the vehicle circulation and parking areas.
4. 
TDHR Standards.
The fenced outdoor play area, the indoor play area and all other pertinent standards as required shall be in conformance with Texas Department of Human Resources Standards, and the applicant must document this conformity to the City Secretary.
7-600 
FLOODPLAIN PREFIX TO DISTRICT DESIGNATION
To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with a floodplain prefix “FP.” Areas designated on the zoning district map by a [an] “FP” prefix shall be subject to the following provisions:
7-601 
USES PERMITTED
The permitted uses in that portion of any district having a floodplain “FP” prefix are limited to the following:
1. 
Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry;
2. 
Off-street parking incidental to any adjacent main uses permitted in the district;
3. 
Electrical substation;
4. 
All types of local utilities including those requiring conditional use permits when approved as provided in Section 7-500;
5. 
Parks, Community Centers, Playgrounds, Public Golf Courses;
6. 
Private commercial open area amusements such as golf courses, driving ranges, archery ranges and similar uses when approved by conditional use permit as provided in Section 7-500;
7. 
Private open space as part of a community unit development;
8. 
Heliport when approved by conditional use permit as provided in Section 7-500.
7-602 
No building or structure may be erected in that portion of any district designated with a floodplain “FP” prefix until, and unless, such building or structure has been approved by the City Engineer, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or the public health and welfare.
7-603 
Any dump, excavation, storage, filling or mining operation within that portion of a district having a floodplain “FP” prefix shall be approved in writing by the City Engineer before such operation is begun.
7-604 
An area may be removed from the floodplain “FP” prefix designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the City Engineer that the flood hazard has been alleviated. Removal of the floodplain “FP” prefix shall be accomplished by resolution of the City Council after written notification from the City Engineer advising of the removal of the flood hazard.
7-605 
The fact that land is, or is not, within a district having a floodplain “FP” prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding.
7-606 
SECTION ONE: Flood Hazard Prefix Designation
The City Council may, upon final determination that a lot, tract or parcel of land has no established history of periodic flooding but in [is] subject to flood hazard and has not been designated with a floodplain prefix “FP,” in lieu of the floodplain prefix “FP,” designate said lot, tract or parcel with a flood hazard prefix “FP.” Upon final approval of any zoning, rezoning or subdivision of a lot, tract or parcel of land designated with a flood hazard prefix “FP,” said lot, tract or parcel, determined to be subject to flood hazard, shall be identified with an “FP” on the final map or plat filed with the City Engineer, or in the records of the County Clerk of Bell County, Texas. The “FP” designation on said map or plat shall constitute notice and warning to any person or entity thereafter purchasing, mortgaging, leasing, building upon or otherwise dealing with the lot, tract or parcel of land that same may be subject to flooding.
7-607 
SECTION TWO: Removal of flood Hazard Prefix
An area may be removed from the flood hazard prefix “FH” designation in the same manner provided for the removal of the floodplain prefix “FP” designation, established in section 7-604 of the zoning ordinance.
7-608 
SECTION THREE:
The fact that land is, or is not, designated with a flood hazard prefix “FH” shall not be interpreted as assurance or representation that such land or area is, or is not, subject to periodic local flooding.
7-700 
OUTDOOR SHOOTING RANGE
1. 
General Conditions
(a) 
An outdoor shooting range may be allowed by conditional use permit in Agricultural, Light Industrial, and Heavy Industrial zoning districts. The approval process shall consist of two phases as follows: Phase 1: General Site Plan approval, and Phase 2: Detailed Site Plan approval.
Elements required in each phase are identified below, Both phases shall include a public hearing and property owner notification as required for a zone change, and City Council approval.
(b) 
Only handguns (pistols and revolvers) shall be allowed. No shotguns, rifles, or automatic weapons are allowed.
(c) 
No armor piercing or incendiary ammunition is allowed.
(d) 
Ammunition larger than 0.460 caliber shall not be allowed.
(e) 
There is no minimum range site (total property) required. Range, range site, and uninhabited downrange safety area shall be under uniform control and ownership, so as to maintain its permanency.
(f) 
Range area includes the firing line; target line, backstops, side berms and walls; and baffles and other safety barriers. No portion of a range area shall be nearer than 100 feet to any public right-of-way, or adjacent property line.
(g) 
Firing of handguns shall be prohibited during the hours between sunset and sunrise.
(h) 
Range shall be used only under the supervision of trained personnel.
(i) 
Appropriate certifications must be obtained from Texas Department of Public Safety.
(j) 
Operators shall be covered by adequate accident and liability insurance in an amount of not less than one million dollars ($1,000,000.00) per single occurrence and two million ($2,000,000.00) aggregate per year (combined single-limit for personal injury, death or property damage).
(k) 
Conditional use permit may be revoked at any time, following public hearing, as provided by Zoning Ordinance, Section 7-509.
(l) 
No building permit related to the development of the shooting range may be issued until both Phases 1 and 2 have been approved.
(m) 
Property owner notification shall include owners with property located in the ETJ.
(n) 
Range shall conform in all respects to TNRCC standards and regulations.
(o) 
Range shall be handicapped accessible and provide required handicapped parking and restrooms.
(p) 
Range operator shall be responsible for proper disposition of spent casings and projectiles.
(q) 
Range operator shall be responsible for ensuring no alcoholic beverages are present on the entire range site.
(r) 
Violation of any Federal, State, or local law shall be grounds for revoking this conditional use permit.
(s) 
No portion of range shall be located in a floodway.
2. 
General Site Plan Approval: Phase 1
(a) 
Application form, application fee, and general site plan required.
(b) 
General Site Plan Elements:
(1) 
Identify and provide dimensions of range site and range area.
(2) 
Provide distances from range area to adjacent properties and roads.
(3) 
Identify all structures within 1,000 feet of range site and provide distances.
(4) 
Show all existing utilities on site and within 150 feet of range site.
(5) 
Show all drainage features/contours.
(c) 
Approval process requires a public hearing and proper notice to all parties affected, as required for a zoning change, and approval by the City Council.
(d) 
Phase 2 must be completed prior to any construction or range development.
3. 
Detailed Site Plan Approval: Phase 2
(a) 
Application form, application fee, and detailed site plan required.
(b) 
Environmental assessment, sound study, and construction plans required, and must be prepared and sealed by a certified engineer.
(c) 
Application shall include water features/drainage plan, soils report, and sound study.
(d) 
Detailed Site Plan Elements:
(1) 
Incorporate results of environmental assessment and sound study, including noise abatement elements.
(2) 
Site plan must demonstrate design will contain projectiles within berm/enclosure, within the range site.
(3) 
If berms/baffles consist of tires, tires must be covered with earthen material.
(4) 
Range site and downrange safety area shall be surrounded by a fence of suitable height and material to exclude unauthorized entry by persons or livestock. Warning signs shall be provided along the perimeter of the fence. These signs shall be placed at the applicant’s expense and shall specify a firing range is present, operational during daylight hours. Firing of handguns shall be prohibited during the hours between sunset and sunrise.
(5) 
Paved parking, landscaping, and all other requirements of the Zoning Ordinance/Subdivision Ordinance shall be satisfied.
(e) 
Construction plans shall be approved by the City Engineer for design.
(f) 
Plans shall be approved by the Chief of Police for safety[.]
(g) 
Approval process requires a public hearing and proper notice to all parties affected as required for a zoning change, and approval by the City Council[.]
(Ordinance 04092012-2 adopted 4/9/12; Ordinance 2015-01-1, sec. 1.0, adopted 1/12/15; Ordinance 2015-01-3 adopted 1/12/15; Ordinance 2020-07-1 adopted 7/13/20)