Wolfforth City Zoning Code
ARTICLE 14
04 SPECIFIC USE STANDARDS
§ 14.04.001 Accessory uses and structures.
Principal uses classified as allowed uses by the district regulations of this chapter shall be deemed to include accessory uses and activities that are customarily associated with, as well as appropriate, incidental and subordinate to allowed principal uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise expressly stated.
(1)
Accessory buildings or structures.
(A)
Setbacks.
An accessory building may be detached from the principal building or constructed such that it is physically attached to the principal building.
(i)
An accessory building attached to a principal building shall be considered integral to the principal building, and shall meet the same minimum side and rear setback requirements as the principal building.
(ii)
Except for those carports allowed in section 14.05.013, no accessory building, either attached or detached, shall be allowed within the minimum front yard required on the lot.
(iii)
An accessory building that is detached from the principal building, or attached with only a breezeway, shall be allowed to extend into the required side or rear yard as follows:
(iv)
In no event may any part of any accessory structure extend beyond any property line.
(v)
An accessory building that is detached from the principal building, or attached with only a breezeway, shall maintain a five-foot separation from the principal building.
(B)
Size.
A maximum accessory building floor area of 600 square feet or 50 percent of the floor area of the principal building, whichever is greater, shall be permitted on any residential lot. Bona fide farm and agricultural buildings shall be exempt from this requirement.
(C)
Prohibited structures.
Shipping crates, railroad cars, truck or bus bodies and other similar containers shall not be used as accessory buildings in any district.
(2)
Satellite dish antennas in nonresidential districts.
Satellite dish antennas in nonresidential districts shall meet the following conditions for installation.
(A)
All permanent installations shall be installed according to the manufacturer's requirements and shall meet appropriate building setbacks.
(B)
All antennas, whether for sales and service or for permanent installation, shall be located in a manner that will not interfere with pedestrian or vehicular movement, shall not be a visual obstruction to traffic, and will not eliminate off-street parking spaces required by this chapter.
(3)
Satellite dish antennas in residential districts.
Satellite dish antennas in residential districts shall meet the following conditions for installation.
(Ordinance adopted 3/21/2022; Ordinance 2024-008 adopted 4/1/2024)
§ 14.04.002 Adult entertainment enterprise/sexually oriented businesses.
(a)
Location.
All structures housing adult entertainment enterprises shall be located only in the M-1 and M-2 zones in accordance with the following:
(1)
At least 1000 feet from the property boundary line of any lot used for church purposes, or any lot occupied by a public or private school having a curriculum equivalent to an elementary or secondary school (including outdoor athletic and recreation facilities directly associated with such a school).
(2)
At least 1000 feet from another structure housing an adult entertainment enterprise.
(3)
At least 500 feet from the boundary line of any residentially zoned lot or any lot or tract used for public park purposes.
(b)
Measurements.
(1)
Measurements for determining the distances described above are to be measured in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line of any lot in a residentially zoned district, or any lot used for church or school, or any public park, or to any structure housing another adult entertainment enterprise.
(2)
The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.
(3)
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the adult entertainment enterprise structure's measurements shall be taken from the boundaries of the space in which the adult entertainment enterprise is housed or confined (not the entire shopping center, motel, or other such structure).
(4)
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the adult entertainment enterprise measurements shall be taken from the nearest entry to that portion of the structure housing the adult bookstore, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district, or any lot or tract used for church, school or public park purposes, and to any structure housing another adult entertainment enterprise.
(c)
Compliance review.
Any person wishing to establish an adult entertainment enterprise must submit a site plan to the city administrator setting out the dimensions and specific location of the adult entertainment enterprise in relation to lot boundaries, in addition to a signed and notarized statement certifying the proposed adult entertainment enterprise (represented on the accompanying site plan) complies with the location requirements set forth above. It shall be the responsibility of said applicant to provide the site plan and assure compliance with the location requirements of this section. The applicant's submission of this site plan and certification shall signify initiation of the review process. The city administrator shall have no more than 30 days to review the site plan and cite, in writing, any potential violations of provisions of this chapter.
(d)
Non-enlargement and priority by time.
If two or more adult entertainment enterprises are within 1000 feet of one another and otherwise in a permissible location, the adult entertainment enterprise which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(e)
Expansion of neighbours.
An adult entertainment enterprise lawfully operating as a conforming use after adoption of this chapter is not rendered a nonconforming or illegal use by the location of a church, school, public park, or residentially zoned lot established after approval of the adult entertainment enterprise.
(f)
Exemption from locational requirements.
(1)
In the event an owner of an existing or proposed adult entertainment enterprise wishes to claim an exemption from the provisions of this section, the owner shall make application for a locational exemption from the requirements of this section.
(2)
The city council shall grant an exemption from the locational restrictions, only if it makes all of the following findings:
(A)
That the location of the adult entertainment enterprise will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(B)
That the granting of the exemption will not violate the spirit and intent of this chapter;
(C)
That the location of the adult entertainment enterprise will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(D)
That the location of adult entertainment enterprise will not be contrary to any program of neighborhood conservation, nor will it interfere with any urban renewal or restoration efforts; and
(E)
That all other applicable provisions of this chapter will be observed.
(3)
If an exemption is denied by the city council, the applicant may seek prompt judicial review of such action in any court of competent jurisdiction.
(4)
If the city council grants an exemption, the exemption is valid for one year from the date of the city council's action. Upon the expiration of an exemption, an adult entertainment enterprise will be in violation of the locational restrictions of this section and the nonconforming use shall be illegal and shall terminate, unless the applicant applies for and receives another exemption. Such application shall be made with the city secretary at least 60 days prior to the expiration of the exemption.
(5)
The grant of an exemption does not exempt the applicant from any provisions of this chapter, other than the locational restrictions of this section.
(g)
Appeal of administrative determinations.
If existing or potential violations of any provisions of this section are cited by the city administrator, the person wishing to establish an adult entertainment enterprise shall have the right to appeal such interpretation to the zoning board of adjustment which shall hear the case within 45 days of the appeal. The board shall render its decision at or before the conclusion of the meeting. If the zoning board of adjustment upholds the city administrator's interpretation of potential violations, the person may seek prompt judicial review of such action in any court of competent jurisdiction. The action shall be promptly reviewed by the court.
(Ordinance adopted 3/21/2022)
§ 14.04.003 Alcoholic beverage sales.
(a)
The retail sale of alcoholic beverages for on-premise consumption shall always be considered a principal use. Such establishments may be located on the same lot or in the same building occupied by another principal use such as a restaurant or hotel if the use meets the requirements for the type of alcohol sales allowed in that district.
(b)
The sale of alcoholic beverages is prohibited by a dealer whose place of business is within 300 feet of a church, public or private school or public hospital.
(1)
The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(2)
The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be:
(A)
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(B)
If the permit or license holder is located on or above the fifth story of a multi-story building, in a direct line from the front door to the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(c)
Section 14.04.003(b) does not apply to:
(1)
A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(2)
A retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages;
(3)
An alcohol permit sales holder who also holds a food and beverage certificate who is located within 300 feet of a private school;
(4)
An alcohol permittee whose premise prohibits minors from entering pursuant to section 109.53 of the Texas Alcoholic Beverage Code who is located within 300 feet of a private school.
(Ordinance adopted 3/21/2022)
§ 14.04.004 Auto and truck sales.
No outdoor speakers used in conjunction with the sales of cars or trucks are permitted within 500 feet of any residential zoning district or any lot or tract of land occupied by a residential use.
(Ordinance adopted 3/21/2022)
§ 14.04.005 Bed and breakfast establishments.
A bed and breakfast may be allowed as a special use in residential zoning districts where transient lodging is not ordinarily allowed, subject to the following standards.
(1)
The operator of the bed and breakfast is a full-time resident of the dwelling in which the bed and breakfast establishment is housed.
(2)
No more than one person who is not a full-time resident of the dwelling shall be employed by the bed and breakfast establishment.
(3)
A minimum of two off-street parking spaces, plus one additional space per guest room, shall be provided on the same lot or tract of land as the bed and breakfast establishment.
(4)
A maximum of four guest rooms shall be provided in any one bed and breakfast establishment.
(5)
No exterior evidence of the bed and breakfast shall be allowed, except for one attached sign no larger than twelve square feet.
(6)
No food preparation, except beverages, is allowed within individual guest rooms. Meal service shall be provided to overnight guests only.
(7)
Preparation and service of food for guests shall conform to all applicable regulations of the State of Texas and the city.
(8)
The resident operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests.
(9)
In approving a special use allowing any bed and breakfast in the R-1 zoning district, the city council shall make a finding that the subject site shall be located in a transitional area. For the purpose of this paragraph, a transitional area shall be:
(A)
An area situated between land uses of different intensity and compatibility, and which is impacted by its proximity to one or more such uses; or
(B)
An area situated on the boundary of a residential district adjacent to a more intensive zoning classification; or
(C)
An area situated adjacent to an arterial street.
(Ordinance adopted 3/21/2022)
§ 14.04.006 Community homes.
To qualify as a community home allowable as Household Living, a residence must conform to all standards of this section.
(1)
A community home must be:
(A)
A community-based residential home operated by:
(i)
The Texas Department of Mental Health and Mental Retardation;
(ii)
A community center organized under subchapter A, chapter 534, Health and Safety Code, that provides services to persons with disabilities;
(iii)
An entity subject to the Texas Non-Profit Corporation Act (article 1396-1.01 et seq., Vernon's Texas Civil Statutes [Business Organizations Code, chapter 22]); or
(iv)
An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or
(B)
A personal care facility licensed under chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with surrounding residential buildings. See section 123.004 in the Texas Human Relations Code.
(3)
Subject to variance procedures, not more than six persons with disabilities (as defined in this chapter) and two supervisors may reside in a community home at the same time. The limitation or number of persons with disabilities applies regardless of the legal relationship of those persons to one another.
(4)
A community home must meet all applicable licensing requirements.
(5)
A community home shall not be established within one-half mile of an existing community home.
(6)
The residents of a community home shall not keep for the use of residents of the home, either on the premises or on a public right-of-way adjacent to that home, motor vehicles in numbers exceeding the number of bedrooms in that home.
(Ordinance adopted 3/21/2022)
§ 14.04.007 Firearms range.
In all except M1 and M2 Districts, the following limitations shall apply to operation of firearms ranges:
(1)
Firearms ranges shall be completely enclosed within a building.
(2)
Any noise emanating from discharge of firearms shall not be audible beyond the boundaries of the lot or tract of land where the firearms range is located.
(Ordinance adopted 3/21/2022)
§ 14.04.008 Game hall (video arcade, bingo, billiard/pool hall).
No game hall shall be allowed within 500 feet of a lot or tract of land occupied by any building used for a public or private school offering a curriculum equivalent to an elementary or secondary school.
(Ordinance adopted 3/21/2022)
§ 14.04.009 Gasoline pump island canopies.
(a)
Parallel to the public right-of-way.
Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, poles, bases and other supporting structures are set back a minimum of 12 feet from the property line where the pump island is situated parallel to the public right-of-way.
(b)
Not parallel to the public right-of-way.
Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, bases and other supporting structures are set back a minimum of 20 feet from the property line where the pump island is not situated parallel to the public right-of-way. The measurements are to be made at right angles to the property line.
(Ordinance adopted 3/21/2022)
§ 14.04.010 Golf driving range.
In approving a special use allowing a golf driving range in or nearby a residential zoning district, the city council shall take appropriate measures to minimize ill effects of harsh or uncomfortably bright light (i.e., glare) emanating from nighttime illumination, on any residentially zoned lot located outside the golf driving range.
(Ordinance adopted 3/21/2022)
§ 14.04.011 Home occupations.
In order to provide peace, quiet and domestic tranquillity within all residential neighborhoods within the city and in order to help all residents gain freedom from excessive noise, excessive traffic, nuisance, fire hazards and other possible side effects of commercial uses being conducted in residential areas, the following standards shall apply to all home occupations.
(1)
Criteria.
(A)
No person, other than members of the family who reside in the dwelling where a home occupation occurs, may engage in such occupation, profession, domestic craft, instructional or economic enterprise.
(B)
The area utilized for the home occupation shall not exceed 25% of the gross floor area of the principal building where the home occupation occurs.
(C)
In no way shall the appearance of the structure be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emissions of sounds, noise or vibrations. A home occupation shall produce no offensive noise, dust, odors or heat. A home occupation shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, heat or visual or audio interference detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this section.
(D)
No detached accessory building may be used in conjunction with a home occupation.
(E)
All material, equipment, and/or supplies used in conjunction with a home occupation shall be completely enclosed with no exterior storage, temporary or permanent, allowed.
(F)
No stock, goods, wares or merchandise shall be sold on the premises other than that which is prepared or produced upon the premises. Direct sales on the premises of other merchandise is allowed by prior individualized invitation.
(G)
Signage for home occupations shall be limited to one non-illuminated sign with a maximum area of two square feet.
(H)
Delivery and pickup of materials to and from the home occupation shall not exceed two trips per week by a commercial vehicle.
(2)
Allowed uses.
(A)
Allowed home occupations include, but are not limited to, the following.
(i)
Teaching, tutoring, counseling or treatment of persons at a residence, so long as such services are provided to no more than 10 persons per day (at that residence) and for no more than 6 days per week.
(ii)
The care of not more than 6 children under the age of 14 years during any one calendar day (excluding the caregiver's own children), and the care of an additional 6 elementary school age children during non-school hours only, so long as the total number of children (including a caregiver's own minor children) does not exceed a maximum of 12 at any given time.
(3)
Inspection.
Home occupation operators shall permit a reasonable inspection of the premises by the city administrator to determine compliance with this section.
(Ordinance adopted 3/21/2022)
§ 14.04.012 Manufactured housing park standards.
(a)
Land area.
The minimum land area required for a manufactured housing park is three acres.
(b)
Density limitations.
Any lot or tract of land occupied by a manufactured housing park shall have a maximum density of 8 dwelling units per gross acre.
(c)
Separation requirements.
(1)
Manufactured housing units and all roof-covered structures shall meet the following separation requirements.
(2)
A maximum 2-foot eave overhang shall be permitted within the separation areas as required below.
Required Separation | |||
|---|---|---|---|
Any Other Dwelling in Park | Curb or Edge of Pavement on Driveway Providing Common Access | Park Boundary | |
Manufactured housing unit/all roof-covered accessory structures | 10 feet | 10 feet | 20 feet |
Management, maintenance or recreational buildings serving entire park | 15 feet | 10 feet | 20 feet |
(d)
Required parking.
A minimum of two off-street parking spaces shall be provided for each dwelling within a manufactured housing park.
(e)
Skirting.
Each manufactured housing unit shall be skirted with a material or product specifically designed for the skirting of manufactured homes. Required skirting shall be maintained so as not to provide a harborage for animals or create a fire hazard.
(f)
Mobile homes, travel trailers and recreational vehicles (RV's).
(1)
Following the effective date of this chapter, mobile homes may not be placed in any manufactured housing park.
(2)
Travel trailers, motorized recreational vehicles and other such relocatable housing that does not meet the definition of either a "mobile home" or a "HUD-code manufactured home" shall be permitted within any manufactured housing park, subject to the requirements of this section, provided these types of accommodation do not exceed 30 percent of the total units in the park.
(g)
State standards.
All manufactured housing units shall conform to the State of Texas standards for manufactured housing anchorage, tie downs and blocking.
(h)
Fire protection.
Every dwelling within a manufactured housing park shall be located no further than 500 feet from a fire hydrant.
(i)
Site plan.
Prior to the development of any new manufactured housing park established after the effective date of this chapter, and prior to the enlargement of any existing manufactured housing park, a site plan conforming to the requirements of this subsection shall be approved by the city administrator. The required site plan shall be drawn to scale and shall explicitly illustrate at least the following features.
(1)
Location and dimensions of all park boundaries.
(2)
Location of pavement on adjoining street rights-of-way.
(3)
Location and dimensions of any permanent improvements existing or planned within the park, including but not limited to the following:
(A)
Improved surfaces for common driveways, off-street parking and recreation areas.
(B)
Buildings for management, maintenance and recreational purposes.
(C)
Any other recreational facilities.
(D)
Any fences or walls.
(E)
The location of pipelines and systems for potable water distribution, sewage collection and fire protection, including location of all fire hydrants.
(Ordinance adopted 3/21/2022)
§ 14.04.013 Manufacturing and production.
The following general performance standards shall be applicable to activity allowed (by right or by conditional approval) in Light Manufacturing Districts:
(1)
No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or at any point beyond the lot line.
(2)
All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.
(3)
Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited.
(4)
No person shall cause or permit any materials to be handled, transported or stored in such a manner which allows or may allow particulate matter to become airborne.
(5)
There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line.
(6)
Any condition or operation which results in the creation of odors of such intensity or character as to unreasonably interfere with the comfort of the public shall be removed, stopped or modified so as to remove the odor.
(Ordinance adopted 3/21/2022)
§ 14.04.014 Sign regulation.
(a) Air blown sign. Awning sign. Bandit sign. Banner sign. Bench sign. Billboard sign. Business sign. Canopy sign. Construction sign. Detached accessory island canopy. Development sign. Directional sign. Director. Electronic changeable copy sign. Flag. Flutter flag. Frontage. Institutional sign. Lot. Menu board sign. Monument sign. Nameplate sign. On-premises sign. Pole sign. Political sign. Portable sign. Projecting sign. Pylon sign. Real estate sign. Roof sign. Sign area. Sign height. Sign. Subdivision entry sign. Substantially damaged sign. Wall sign.
Definitions.
A balloon or other air-borne or inflated device ("wind dancers"), which is tethered to the ground or to a building or other structure and directs attention to a business, commodity, service, entertainment sold or offered, or special event or sale.
A sign on a supporting framework that projects from and is supported by the exterior wall of the building.
Any sign not meeting the definition of an allowed sign as per this section shall be considered a bandit sign.
Any sign printed or displayed upon cloth or other flexible material without frames. A banner sign is for temporary use only.
A sign which is affixed or painted in any manner to a bench.
Any outdoor sign, description, device, figure, painting, drawing, message, placard, poster, or structure which directs the attention of the traveling public to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
A sign which advertises only commodities or services offered on the premises upon which the sign is placed.
A sign on a roof structure, where the roof structure is freestanding or is attached to and supported by a building and by columns, poles, or braces extended to the ground.
A temporary on-premises sign identifying any or all property owners, engineers, architects, mortgagees, or other participants in the construction or improvement of the premises but displays no goods or services for sale or other advertising.
A self-supporting structure, detached from the primary structure on the premises, which is designed to provide shelter for gasoline service islands, driveup banking islands, or other accessory uses.
A temporary on-premises sign identifying one or more developments, projects, or buildings proposed or currently under construction which displays no goods or services for sale or other advertising.
A sign located on private property which displays warnings, instructions, or directions and on which no other form of business promotion or advertising appears.
The person designated by the city manager as having authority for enforcement of this chapter.
A sign containing changeable electronic variable message areas which permit light to be turned on or off intermittently or which are operated in a way whereby light is turned on or off intermittently, including any illuminated signs on which such illumination is not always kept stationary or constant in intensity and color when such signs are in use, including LED (light emitting diode) or digital signs which vary in intensity or color.
A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country, institution, or business or as a decoration during public festivities.
Also known as feather flag or teardrop flag. A form of temporary sign composed of durable lightweight fabric with a sturdy frame enclosing only a portion of the material's edge so that it can remain upright and still be flexible in the breeze, generally shaped to be tall and narrow when affixed to the ground or other bottom support, affixed to a pole which is located outdoors and contains language for advertisement, greeting, or similar messaging purposes, which is activated by the wind and is used by businesses or organizations to promote events, products, or services.
The length of a building or lot which faces a street.
A permanent, on-premises sign for the identification of a public or private school, university, church, hospital, or other similar use.
A single tract or platted lot. In addition, multiple adjacent tracts or platted lots under common ownership will be deemed to be a single lot if they meet the following requirements:
Any sign displaying the items offered at a business.
Any outdoor sign attached to a contiguous structural base, which shall be of the same width as or greater width than the message portion of the sign and is permanently affixed to the ground. Poles and supports shall be concealed.
An on-premises sign showing only the name and/or address of the occupant.
Any sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.
Any outdoor sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.
A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
A sign, not including a bench sign, whose principal supporting structure is intended by design, use or construction, to be used by resting upon the ground for support and to be easily removed and relocated for reuse.
A sign, other than a wall sign, fixed to any building or wall, which extends more than two (2) feet beyond such building or wall. An awning/canopy sign is not defined as a projecting sign.
A permanent freestanding sign having at least twenty-five (25) percent of the sign structure width in contact with the ground and in which the sign face is separated from ground level by means of one (1) or more supports such as poles, pole covers or columns. Poles and supports shall be concealed.
A sign pertaining to the sale or lease of the premises, or part of the premises, on which the sign is located.
A sign that extends above or is supported on the roof of a building.
The entire advertising area of the sign including any framing, trim, or molding and the supporting structure.
The vertical distance between the highest point of the sign or its supporting structure and the natural grade directly below the sign.
A structure, display, device, figure, painting, drawing, message, plaque, poster, or billboard, intended to be visible from the outside of a building, that is designed or used to advertise or inform. The term "sign" includes the supporting structure of the sign.
A sign that is allowed at the entrance(s) into a legally recorded residential subdivision and which contains only the name of the subdivision.
Where the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location.
Any sign painted on or attached to an exterior wall of a building in a parallel manner.
(b)
Permits.
Before any sign is erected, constructed, reconstructed, installed, painted, or replaced, a permit for the sign must be obtained. Sign permits are issued by the director. Permits are not required for the following:
(1)
Any sign being repainted where the painting constitutes the only alteration to the sign.
(2)
Any on-premises sign posted on private property on maximum twenty-four (24) inch by thirty (30) inch sheet poster panels.
(3)
Any singular wall sign not exceeding five (5) square feet in area and not projecting more than six (6) inches from the wall of the building.
(4)
All signs erected by governmental entities for the purpose of public instruction, street or highway designation, control of traffic and similar uses relating to the public interest.
(5)
Garage and yard sale signs no larger than four (4) square feet.
(6)
Construction, development, or real estate signs placed on private property and in compliance with this chapter.
(7)
The replacement of plastic sign faces or panels where the original frame is used, the frame size is not altered, and the substructure is not altered or removed.
(8)
The replacement of bulbs that illuminate the sign where the original or identical frame is used, and the frame size is not altered, and the substructure is not altered or removed.
(9)
Directional signs placed on private property and in compliance with this chapter.
(10)
Flutter flags, placed on private property and otherwise in compliance with this chapter.
(11)
Portable signs, for on-premises advertising, not exceeding twelve (12) square feet in area.
(12)
Banner signs, for on-premises advertising, not exceeding twenty-four (24) square feet in area.
(13)
Nameplate signs for residential locations not exceeding two (2) square feet in area.
(14)
Contractor signs identifying the contractor or subcontractor performing work on the premises where the sign is displayed. Such signs must not exceed six (6) square feet in area and must be removed when the work is completed.
(15)
Professional nameplates and occupational signs, when attached to the building face and which denote only the name and occupation of an occupant in a commercial building or public institutional building and not exceeding four (4) square feet of sign area.
(16)
Temporary political signs placed on private property in compliance with Texas Election Code Section 259.003 and this chapter.
(c)
Application for a sign permit.
(1)
An application for a sign permit must be accompanied by the permit fee and shall include such information as necessary to assure compliance with the city ordinances, including but not limited to:
(2)
The director has the power to revoke permits at any time for failure to comply with any sign regulation of the city. In such cases, all work on the sign must immediately cease, except the work necessary to remove the portion of the sign or sign structure that has been erected.
(d)
Prohibited signs.
(1)
Air blown signs.
(2)
Billboard signs. This prohibition includes any billboard sign within the city limits of Wolfforth and its extraterritorial jurisdiction. (ETJ).
(3)
Bandit signs.
(5)
Bench signs.
(7)
Roof signs.
(8)
Signs with revolving beacons, fluttering, swinging, or otherwise moving parts.
(A)
Exception:
(i)
Flags advertising the business on the premises. The flag must be on private property and not in the public right-of-way. The flag must be at least 12 feet above grade with no more than one flag per business and is allowable for a maximum of thirty (30) days per calendar year.
(ii)
Flutter flags advertising the business on the premises. Flutter flags can be no larger than 24 square feet, limited to one flag per business, and allowed for a maximum of thirty (30) days per calendar year.
(9)
Signs which imitate or resemble any official traffic sign, signal, or device.
(10)
Any sign which is so illuminated that it would interfere with the effectiveness of or obscure an official traffic sign, device, or signal.
(11)
A sign placed on a vehicle or trailer that is parked or located for the primary purpose of displaying the sign.
(12)
Any sign placed in the right-of-way of a road or highway maintained by the city.
(13)
Any sign placed in a right-of-way which is a part of the state highway system.
(14)
Any sign which has been placed in violation of chapter 393 of the Texas Transportation Code unless permitted by section 393.0026 of the Texas Transportation Code.
(e)
Sign location and construction standards.
(1)
No sign shall be in or erected to project into any public right-of-way except as allowed by this chapter.
(2)
Any sign more than twenty (20) feet in height shall have plans sealed by an architect or engineer licensed to practice in the state. The director may use discretion in whether sealed plans are required for signs under twenty (20) feet.
(f)
Nonconforming signs.
A nonconforming sign shall be allowed to be continued or maintained at the existing location, when lawfully existing on the effective date of this section, subject to the following conditions:
(1)
The face of the sign may be changed, but no change or alteration shall be made that would increase the nonconformity.
(A)
A nonconforming sign shall be removed if any of the following conditions apply. The city may require removal of an on-premises sign if the business, person, or activity that the sign identifies or advertises has ceased to operate on the premises for one (1) year. If the premises containing the sign or sign structure is leased, the sign or sign structure must be removed no later than two (2) years after the date the most recent tenant ceases to operate on the premises. This section shall also apply to any sign structure containing no signage.
(B)
The city may require removal of a sign or sign structure if the director determines it to be substandard under any applicable ordinances of the city to the extent that the sign becomes a hazard.
(C)
The city may require removal of a sign or sign structure if it becomes substantially damaged as defined by this chapter.
(2)
Any billboard sign existing on January 1, 2023, will be allowed to continue at its current location.
(A)
If a billboard sign is damaged by a natural disaster or accident not caused by the owner of the property on which the billboard sign is located, such owner of the property may request a special use review under section 14.02.006 of this chapter to rebuild the damaged billboard sign in its existing location. The replacement billboard sign may not be larger or taller than the damaged billboard sign.
(B)
The owner of property on which an existing billboard sign is located may request that the existing billboard sign be converted to an electronic changeable copy sign as a special use review under section 14.02.006 of this chapter. The electronic changeable copy sign may not be larger or taller than the original billboard sign that it replaces.
(g)
General sign regulations.
(1)
Awning/canopy signs.
(A)
Maximum area:
Awning/canopy signs, excluding detached accessory island canopy signs, shall be counted as a part of, and limited to, the percentage allowable for wall signs. The area of the sign shall be determined by the smallest rectangle within which the advertising area can be enclosed.
(i)
Signs placed on detached accessory island canopies shall not project beyond the width of that canopy, more than two (2) feet above that canopy, or more than one (1) foot below that canopy.
(ii)
No more than one (1) awning/canopy sign shall be allowed per tenant. Where a tenant space abuts more than one street, no more than one (1) awning/canopy sign shall be allowed on each frontage.
(iii)
The sign shall not project above the roof of the building.
(iv)
The sign shall not project beyond the edge of the sidewalk, or the area otherwise defined as a pedestrian area.
(v)
The sign shall not project into the public right-of-way except as allowed by the International Building Code as adopted in the city Code of Ordinances.
(2)
Banner signs.
(A)
Maximum area:
Banner signs shall be counted as part of, and limited to, the percentage allowable for wall signs.
(B)
A permit shall be required for any banner sign or combination of banner signs having more than twenty-four (24) square feet in total area per frontage.
(C)
Permits will expire at the end of thirty (30) days, at which time the banner sign must be removed.
(D)
A maximum of three (3) permits shall be issued in a calendar year.
(E)
A permit shall not be required for any banner sign or combination of banner signs less than or equal to twenty-four (24) square feet in total area per frontage. However, such signage shall not be located on the premises for more than ninety (90) days per 12-month period.
(F)
All banner signs must be securely anchored in place.
(3)
Construction signs.
(A)
Maximum area:
The sign shall not exceed thirty-two (32) square feet in area.
(B)
Maximum height:
The sign shall not exceed ten (10) feet in height above normal grade.
(C)
No more than one (1) construction sign shall be allowed for each lot. Where a lot abuts more than one street, no more than one (1) construction sign shall be allowed on each frontage.
(D)
The sign shall be removed not later than thirty days after a certificate of occupancy has been issued by the city.
(4)
Development signs.
(A)
Maximum area:
The sign shall not exceed thirty-two (32) square feet in area.
(B)
Maximum height:
The sign shall not exceed ten (10) feet in height above normal grade.
(C)
No more than one development sign shall be allowed for every fifty (50) lots, not to exceed thirty-two (32) signs.
(D)
The sign may be displayed once the subdivision plat is recorded and shall be removed when ninety (90) percent of each phase to which the sign is a part is completed.
(6)
Flags.
(A)
Flagpoles shall be a maximum height of twenty (20) feet unless the adjacent building is higher than twenty (20) feet, in which case the flagpole can be either the height of the building or fifty (50) feet tall, whichever is shorter.
(B)
Flagpoles shall not be taller than the distance from the base of the flagpole to the nearest property line.
(C)
The length of the flag shall be less than 1/3 of the height of the flagpole.
(D)
Flags shall be maintained in good appearance and good repair.
(7)
Garage, yard, and estate sale signs.
(A)
Must be placed only on the property where the sale is taking place, or off-site with permission of the property owner and not more than 1,000 feet from the site of the sale.
(B)
Must be attached to utility poles, street signs, stop signs, or any other traffic control devices.
(C)
Must be placed on private property only and may not be placed in the public right-of-way.
(D)
Must not be placed earlier than 24 hours prior to the sale and must be removed within 24 hours after completion of the sale.
(8)
Monument signs.
(A)
Maximum area:
The sign shall not exceed one hundred and fifty (150) square feet in area per side.
(B)
Maximum height:
The sign shall not exceed fifteen (15) feet in height above normal grade.
(C)
No more than one (1) monument sign shall be allowed for each lot. Where a lot abuts more than one street, no more than one (1) monument sign shall be allowed on each frontage.
(i)
Exception: Menu board and directional signs may be placed in addition to the maximum number of monument signs. Menu board signs must comply with area, height, and electronic changeable copy requirements for monument or pylon signs.
(D)
Electronic changeable copy shall not exceed thirty (30) percent of the sign area.
(E)
Finish materials for monument signs shall be stone, brick, split face block, sculpted aluminum, wood or carved wood, which is painted or sealed, approved stucco, or high density urethane sign foam. Other materials, such as plastic sign panels shall not exceed eighty (80) percent of the total sign area.
(9)
Political signs.
(B)
Political signs shall be placed on private property and only with the permission of the property owner.
(C)
Political signs shall not be placed on utility poles or in the right-of-way of any street or highway.
(D)
Political signs must be removed within ten (10) days after the election or run-off election to which the sign pertains or after the termination of candidacy, whichever occurs first.
(10)
Portable signs.
(A)
Portable signs with an area of twelve (12) square feet or more will be prohibited except under the following conditions:
(i)
Portable signs advertising the opening or relocation of a business shall be authorized by permit for a maximum period of ninety (90) days. No more than one (1) such permit shall be issued in a calendar year to any business or group.
(ii)
Portable signs advertising special events shall be authorized by permit for a maximum period of five (5) days. No more than one (1) such permit shall be issued in a calendar year to any business or group.
(iii)
Portable signs advertising special events of nonprofit, charitable and civic organizations shall be authorized by permit for a maximum of fourteen (14) days. No more than one (1) such permit shall be issued in a calendar year to any organization.
(iv)
No portable sign, regardless of its size, shall be located in such a manner that it creates or causes a sight restriction on any public street, intersection, or private driveway.
(v)
All portable signs must be securely anchored to the ground to resist movement or overturning from wind or other forces.
(vi)
The source of electrical power for any portable sign must be an approved electrical outlet or receptacle with ground fault protection located not more than 6 feet from the sign. Power cords or extension cords used for connecting the sign to the electrical source shall not be laid across or over pedestrian or vehicle pathways.
(vii)
No more than one (1) portable sign over twelve (12) square feet in area shall be allowed per property or within fifty (50) feet of another portable sign.
(11)
Projecting signs.
(A)
Maximum area:
The sign shall not exceed forty-eight (48) square feet in area.
(B)
No more than one (1) projecting sign shall be allowed per tenant. Where the tenant space abuts more than one street, no more than one (1) projecting sign shall be allowed on each frontage.
(i)
Exception: Where an awning/canopy exists, one (1) projecting sign may be located above the awning/canopy and one (1) projecting sign below the awning/canopy.
(C)
The sign shall not project above the roof of the building.
(D)
The sign shall not project into the public right-of-way except as allowed by the International Building Code as adopted by the city Code of Ordinances.
(E)
In no case shall the sign project more than six (6) feet from the building.
(12)
Pylon signs.
(A)
Maximum area:
The sign shall not exceed one hundred and fifty (150) square feet in area per side.
(B)
Maximum height:
The sign shall not exceed fifteen (15) feet in height above normal grade.
(C)
No more than one (1) pylon sign shall be allowed for each lot. Where a lot abuts more than one street, no more than one (1) pylon sign shall be allowed on each frontage.
(i)
Exception: Menu board and directional signs may be placed in addition to the maximum number of pylon signs. Menu board signs must comply with area, height, and electronic changeable copy requirements for monument or pylon signs.
(D)
Electronic changeable copy shall not exceed thirty (30) percent of the sign area.
(E)
The lowest point of the sign face shall not exceed two (2) feet above normal grade.
 |
(F)
Finish materials for pylon signs shall be stone, brick, split face block, sculpted aluminum, wood or carved wood, which is painted or sealed, approved stucco, or high-density urethane sign foam. Other materials, such as plastic sign panels shall not exceed eighty (80) percent of the total sign area.
(13)
Real estate signs.
(B)
Commercial.
(i)
The maximum area for a freestanding commercial real estate sign is thirty-two (32) square feet.
(ii)
The maximum height for a freestanding commercial real estate sign is ten (10) feet.
(iii)
The maximum area of a wall mounted commercial real estate sign is ten (10) square feet.
(iv)
No more than one (1) commercial real estate sign shall be allowed per building or tenant space. Where the building or tenant space abuts more than one (1) street, no more than one (1) sign shall be allowed for each frontage.
(v)
Sign must be removed within one week following the close of sale or lease.
(14)
Subdivision entry signs.
(A)
Primary subdivision entrance signs.
(i)
Maximum area:
The sign shall not exceed thirty-two (32) square feet in area. If the sign face is incorporated into landscape features, a wall, or other architectural features, the area of the sign shall be determined by the area of the smallest rectangle within which the face of the sign can be enclosed.
(ii)
Maximum height:
The sign shall not exceed eight (8) feet in height.
(iii)
No more than two (2) primary entrance signs shall be allowed per primary entrance.
(iv)
The primary subdivision entrance sign(s) must be located within the subdivision and within one hundred fifty (150) feet of the primary entrance.
(v)
May be located at only one entrance for each subdivision.
(B)
Secondary subdivision entrance signs.
(i)
Maximum area:
The sign shall not exceed sixteen (16) square feet in area. If the sign face is incorporated into landscape features, a wall, or other architectural features, the area of the sign shall be determined by the area of the smallest rectangle within which the face of the sign can be enclosed.
(ii)
Maximum height:
The sign shall not exceed eight (8) feet in height.
(iii)
No more than two (2) secondary entrance signs shall be allowed per secondary entrance.
(iv)
The secondary subdivision entrance sign(s) must be located within the subdivision and within one hundred fifty (150) feet of the secondary entrance.
(C)
Construction materials shall be compatible with other structural forms and materials located within, and representative of, the subdivision. Elevation drawings shall be submitted for staff review prior to issuance of a building permit, showing construction materials and detail.
(D)
No electronic message displays shall be allowed.
(15)
Wall signs.
(A)
Maximum area:
Not more than twenty (20) percent of any wall shall be devoted to signs. The maximum area of any wall sign shall not exceed five hundred (500) square feet.
(B)
No wall sign shall project above the roof of the building.
(C)
No wall sign shall project more than two (2) feet from the wall to which it is attached.
(h)
Electronic changeable copy signs.
(1)
The following illumination regulations apply to all electronic changeable copy signs:
(A)
Compliance with electrical code.
Electronic changeable copy signs shall comply with all applicable provisions of the electrical code of the city. All electrical connections to the sign shall be placed underground. Electrical transformer boxes and raceways shall be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway shall be finished to match the background wall or integrated into the overall sign design. If raceways are necessary, they shall never extend in width or height beyond the area of the sign's lettering or graphics.
(B)
Hazards.
Artificial light used in conjunction with the lighting of any sign shall not be directed or reflected onto any structure or constitute a hazard to the safe and efficient operation of vehicles upon a street or highway.
(C)
Rotating or flashing lights.
No rotating beam or flashing beacon light shall be used on any sign or sign structure.
(D)
Shield the light source.
The light source, whether internal or external, shall be shielded from view or directed so that the light intensity or brightness is directed away from the public right-of-way or boundary of any residential zoning district or residentially used property. Ground-mounted external flood lighting shall be shielded and properly placed and directed to avoid direct visibility of the directed light to passing motorists.
(E)
Light trespass.
No sign or associated luminaire shall create light spillover of more than 0.1 footcandles at any property line within or bounding a residential use or district.
(F)
Types of lighting.
Exposed neon tubing may be used in conjunction with other types of materials to attractively emphasize the sign copy. Fluorescent and incandescent lighting shall be diffused by translucent glass or plastic.
(G)
Use a projected light source.
Illumination by a projected light shall be an indirect spotlight or gooseneck down light. External lighting fixtures shall not cast light or glare in any direction other than on the elements of the sign. Such lighting shall be placed to provide even illumination to the signage and to avoid hot spots or dark areas on the signage.
(2)
Timing.
Illuminated signs within a residentially zoned area shall shut off between the hours of 10:00 p.m. and 6:00 a.m. The sign shall include an automatic shut-off mechanism to ensure that the signs are not illuminated during the time provided above.
(3)
Brightness.
Illuminated signs shall not operate at brightness levels of more than 0.3 footcandles above ambient light conditions at the property line, as measured using a footcandle meter. Illumination levels shall be measured in footcandles with a meter sensor in a horizontal position at an approximate height of three (3) feet above grade. Maximum illumination readings are to be taken directly beneath the luminaire. The point at which readings shall be taken is dependent upon the area classification and fixture arrangements.
(i)
Special use permit.
In addition to special use reviews specifically referenced in this section, the owner of property may request a special use review under section 14.02.006 of this chapter pertaining to size and height restrictions for monument signs or pylon signs.
(j)
Removal of signs.
(1)
If the director determines any sign is in violation of this chapter, he shall give written notice to remove or replace (in accordance with this chapter) said sign to the owner or person responsible for the sign. If the owner or person responsible for the sign fails to remedy the violation within ten (10) days after such notice, the director may cause removal of the sign. A bill for the resulting costs incurred by the city shall be mailed to the owner or person responsible for the sign and must be satisfied within thirty (30) days of the date of mailing of the bill. In the event the bill has not been satisfied within the thirty (30) day period, the city may file a statement with the county clerk of the expenses incurred. The city shall have a privileged lien on the lot upon which the expense was incurred and ten percent (10%) on the amount from the date such payment is due.
(2)
The city may immediately remove any sign or circular posted on a utility pole or in the public right-of-way without prior notice to the person responsible. The person(s) responsible shall be in violation of chapter 393 of the Texas Transportation Code.
(k)
Maintenance.
All signs for which a permit is required, together with all supports, braces, guys and anchors shall be kept in repair. The director may order the removal of any sign that is not maintained in accordance with this section. Such removal shall be accomplished at the expense of the owner or person in charge of the premises. Failure to comply with such order shall constitute a misdemeanor.
(l)
Enforcement.
All signs in existence on and in compliance with the zoning regulations as of the effective date of this section shall be exempt from the provisions this section; provided, however, that all alterations to such existing signs must be made in accordance with, and are subject to, the provisions herein contained. Except as were specifically provided any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds 60% of its replacement value shall be removed.
(Ordinance adopted 3/21/2022; Ordinance 2023-001 adopted 4/3/2023)
§ 14.04.015 Recovery facility, alcohol and drug.
Drug and alcohol recovery facilities shall be subject to the following standards.
(1)
The facility shall meet all building, housing, and fire codes of the city.
(2)
The facility shall have adequate off-street parking space for every vehicle possessed or utilized by occupants of the building. Such parking spaces must meet all applicable standards of the city.
(3)
The facility shall be compatible with the neighborhood and shall not create undue density and congestion.
(4)
The boundary line of any lot or tract of land occupied by such facilities shall be located no less than 300 feet (measured in a straight line between nearest boundaries) from each of the following:
(5)
Appropriate licenses and/or certifications from any federal or state agency shall be acquired and kept current.
(6)
Professional staff must be on the premises at all times. Professional staff shall be defined as an individual with experience, training or knowledge in the appropriate rehabilitative field.
(7)
No residential treatment shall be provided to any persons on parole from federal, state or county jails or prisons.
(8)
If deemed necessary by the chief of police, additional security lighting shall be provided.
(Ordinance adopted 3/21/2022)
§ 14.04.016 Restaurants, bars and taverns with outdoor seating.
Outdoor seating areas shall be allowed in conjunction with existing or proposed restaurants, bars and taverns, subject to the following standards.
(1)
All lights must be arranged and controlled so as to deflect glare or any uncomfortably bright, harsh light away from any nearby residential use.
(2)
Outdoor seating areas may not generate noise in excess of 45 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. or in excess of 55 dB(A) at all other times, as measured at the lot line of any residential use.
(Ordinance adopted 3/21/2022)
§ 14.04.017 Self-service storage.
Self-service storage facilities shall be allowed as a conditional use following approval by the planning commission and subject to the following standards.
(1)
The facility shall be situated in a manner that avoids having substantial activity unreasonably close to any SF, MF or RG zoning district.
(2)
The use of the facility and its individual storage units shall be limited to storage purposes only.
(3)
No direct glare from any illumination on the site shall be visible from lots in any adjacent residential zoning district.
(4)
Electrical service to any individual storage unit shall be limited to a single circuit providing a maximum force of 30 amperes, with no more than one duplex outlet providing single-phase electrical service of no more than 110 volts.
(Ordinance adopted 3/21/2022)
§ 14.04.018 Landscaping standards.
(a)
Purpose.
The purposes of the landscaping regulations are to:
(1)
Improve the aesthetic quality of the community including major thoroughfares, city right-of-way, and commercial frontage.
(2)
Increase ground permeability while reducing erosion and runoff;
(3)
Decrease the use of water by requiring the efficient use of irrigation, appropriate plant material, and regular maintenance.
(4)
Maintain and increase the value, of commercial property; and
(5)
Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements.
(b)
Applicability.
(1)
The provisions of these regulations shall apply to all land within the corporate limits of the city and within the zoning districts specified in this section and shall be applied as follows:
(A)
When a building permit for a new structure is required, or when a paving permit for a new parking area is required;
(B)
When a building permit for remodeling, renovation, or expansion of an existing structure that increases the gross floor area by 50% or more or a paving permit that increases the number of off-street parking spaces by 50% or more is required.
(2)
As a minimum standard; this section shall apply to the following zoning districts; C-1, C-2, C-3, M-1, and M-2.
(3)
Minimum standards for planned developments shall be determined at such time as the approval of a planned development site plan is requested or a planned development ordinance is established.
(c)
Landscaping requirements.
(1) Landscape area. Landscaping.
Definitions.
An area which is covered by turf, ornamental shrubs, trees, ornamental landscape rock, bark, creative concrete designs, brick pavers, living grass, ground cover, or other plant material.
A combination of materials that improve the aesthetic appearance of private property and/or public right-of-way.
(2)
Total landscaping area will be calculated as follows:
(A)
Total square footage of the site deducting the total square footage of the building pad, fenced-in retail and/or storage areas, permanent canopies, and other improvements reasonably considered to be part of the building and cover area for the primary activities carried on at the commercial site. The resulting number shall be described as the parking lot.
(B)
An amount of land equal to ten percent (10%) of the parking lot is the amount of land required to be landscaped. Landscaping can be placed on private property, in the public right-of-way, or both.
(C)
At least seventy-five percent (75%) of the total area required to be landscaped shall be located with the front perimeters of the site adjacent to an adjacent street or to adjacent streets for corner sites. The required landscaping need not be continuous along the entire front perimeters but can be situated in noncontiguous locations allowing driveways, signs, and other uses of portions of the front perimeters.
(D)
Landscaping must not obstruct visibility for traffic flow or traffic devices.
(d)
Irrigation.
The city would like to promote the use of efficient irrigation methods and practices. Only nonaerial systems such as flood irrigation, porous pipe or emitter/drip systems shall be utilized. Landscaping material that does not require irrigation and conserves water is recommended but not required.
(e)
Plant material required.
(1)
Ground cover shall be selected from at least two of the following categories:
(A)
Ground cover — turf or low-growing vegetation;
(B)
Flowering vegetation;
(C)
Nonirrigation coverage — manmade or natural sculptures, rock, decomposed granite or similar material, or bark;
(D)
Permanent landscaping — concrete design work or pavers; and
(E)
Vegetation — native, low-irrigation shrubs or trees.
(2)
Shown in appendix A to Ordinance 2024-014 is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material.
(3)
Concrete curb: Landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch (6") high and six-inch (6") wide concrete curb or other suitable type of barrier, as approved by the director of development services.
(4)
Drought tolerant: Plant material shall emphasize drought-tolerance and/or climate appropriate species.
(5)
Clear of service lines: Trees and shrubs shall be planted so that at maturity they do not interfere with utility lines and traffic safety sight areas.
(6)
Prevent damage: Trees planted near public curbs or sidewalks shall be of a species and installed in a manner that prevents physical damage to the curbs, gutters, sidewalks, and other public improvements.
(7)
Groundcover: Living plants are acceptable, but quantities of bark, colored rock, gravel, and similar materials may be used in combination with living groundcover.
(f)
Landscaping plan.
(1)
A landscaping plan shall be submitted in conjunction with the construction plans to the planning department. The plan shall be scaled, detailed drawing comprehensive in nature, detailing the specific locations of irrigation, all dimensions, and landscaping material. All materials should be identified by type and usage.
(2)
No certificate of occupancy shall be issued unless the landscaping plan required herein complies with this section.
(g)
Maintenance.
(1)
General.
The owner of the landscaped property shall be responsible to maintain, trim, and prune the landscaping of that owner's property as well as the landscaping that owner places in the public right-of-way. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and keeping beds mulched in accordance with standard practices or common landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not part of the landscaping. All material shall be maintained in an appropriate condition, as suitable for the season of year.
(2)
Maintenance requirements.
(A)
Planting areas shall be pruned and maintained to ensure a healthy and thriving condition.
(B)
Dead, dying, and diseased vegetation shall be replaced.
(C)
Planted areas shall be maintained in a relatively weed-free condition and clear of undergrowth which may cause undue fire hazards.
(D)
Landscape shall be maintained to avoid obstructing motorists' views.
(E)
Mulch or nonirrigation coverage shall be replenished as needed. Supplemental soil amendments shall be added when necessary to support and maintain healthy plant growth.
(F)
Integrated pest management principles and practices shall be included in the maintenance program.
(G)
All irrigation systems must be maintained in a state to prevent the waste of water.
(h)
Exceptions.
(1)
When seasonal conditions warrant, the director of development services may issue a temporary certificate of occupancy for up to one hundred eighty (180) days pending completion of landscaping. No final certificate of occupancy shall be issued prior to completion of landscape requirements.
(2)
Whenever there are practical difficulties involved in complying with the provisions of this section, the director of development services may grant modifications in individual cases provided he/she shall first find that a special or unique circumstances that make a strict compliance with this section impractical; that the modification is in conformity with the intent and purpose of this section; and that the proposed modification is at least the equivalent of the requirements prescribed by this section. Such modifications may only be made upon written application filed with the director of development services. The details of any action granting a modification shall be recorded, and such written record shall be maintained by the director of development services or designee in the files of the city.
(Ordinance adopted 3/21/2022; Ordinance 2024-014 adopted 5/20/2024)
§ 14.04.019 Telecommunication facilities.
(a)
Principal use.
Telecommunication transmission towers and other telecommunication facilities shall always be considered a principal use. They may be located on lots or on buildings occupied by another principal use.
(b)
Applicability.
This section shall only apply to those telecommunications towers and related facilities that exceed 35 feet in height, including the height of other structures or buildings on which the telecommunication facilities are located.
(c)
Setbacks.
The following standards shall apply to all telecommunications facilities:
(1)
The minimum setback between telecommunication facilities and all boundaries of the lot on which those facilities are located shall be equal to 20 percent of the height of the tower.
(2)
Telecommunication facilities shall be set back a minimum of 50 feet from any existing right-of-way for any street.
(3)
Peripheral supports and guy anchors for telecommunication towers may be located within required setbacks for the tower, provided that they shall be located entirely within the boundaries of the lot on which the tower is located and shall be located no closer than 5 feet from the boundary of the lot on which the tower is located, and no closer than 10 feet from the boundary of an adjoining lot in a residential district.
(d)
Separation from residential districts.
All telecommunications facilities that exceed a height of 35 feet (including the height of the building on which they may be located) shall be set back at least 50 feet from the boundary of any lot or tract in a residential zoning district.
(e)
Heights.
The principal support structure for telecommunication facilities shall be allowed to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this section shall apply.
(f)
Security fences and walls.
Unless the telecommunication tower is located on top of a building, a fence or wall not less than 7 feet in height from finished grade shall be constructed around each telecommunication tower. The fence or wall shall comply with the following standards.
(1)
Access to the tower shall be through a locked gate in the required fence or wall.
(2)
If high voltage is necessary for the operation of the telecommunication tower and such high voltages are present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE-DANGER."
(g)
Removal of obsolete towers.
All obsolete or unused telecommunication towers shall be removed within 12 months of cessation of use.
(h)
Electromagnetic radiation.
Telecommunication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation.
(Ordinance adopted 3/21/2022)
§ 14.04.020 Temporary uses.
(a)
Construction-related offices.
(1)
Parking of a trailer housing construction-related offices shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring.
(2)
Parking of a trailer housing construction-related offices shall not require a building permit or other approval from the city, provided that the following standards are met.
(A)
Extension of temporary electric or plumbing service is made in accordance with all applicable codes, including required permits therefore.
(B)
Use of any such trailer shall be limited to administrative offices for ongoing construction activity on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract where construction activity is ongoing. The trailer shall not be used for dwelling purposes, even on a temporary basis.
(C)
Any such trailer shall be removed within 60 days following completion of the project to which the offices are considered accessory.
(b)
Construction-related storage.
(1)
Parking of trailers, semi-trailers and shipping containers shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring. Such parking shall not require a building permit or other approval by the city, provided that the following standards are met.
(2)
Yards for storage and marshalling of construction material and equipment shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction activity is occurring. All such material or equipment shall be for use in conjunction with the associated construction project. All such material and equipment shall be removed within 60 days following completion of the project.
(c)
Temporary storage containers in residential districts.
(1)
A temporary storage container may be placed in residential districts for up to 72 consecutive hours without a permit or fee.
(2)
If a temporary storage container is to be located at an address for greater than 72 consecutive hours, the individual or entity placing the container must obtain a 30 day permit from the city secretary or designee prior to placing the container in the residential district. The fee for the 30 day storage container permit will be $15.00
(3)
Each application for a storage container must include the address at which the container will be located and a diagram showing the size of the storage container and its proposed location on the property. The application must also contain the name, address and telephone numbers for the individual or entity obtaining the permit and of the entity supplying the container.
(4)
Each address is allowed only one 30 day storage container permit in a twelve (12) month period, unless the applicant can show that the ownership of the land has changed since the application date of the previous storage container permit.
(5)
The storage container cannot exceed 8 feet wide by 16 feet long by 8 feet tall. The storage container must be free of rust, large dents, graffiti and advertisements other than the information of the entity providing the container. After notice to the permit holder, any storage container not meeting these requirements may be removed by the city at the permit holder's expense.
(6)
At the issuance of the storage container permit, the city will provide a placard containing at least the address on which the container is allowed and the expiration date of the permit. The placard must be displayed on the street side of the container so that the placard is visible from the street at all times while the storage container is at the address.
(7)
Storage containers must be placed in the driveway or on another paved or cemented surface on the property as set forth in the application. No part of a storage container may be placed in a lawn or encroaching on a sidewalk; or on a street, alley or other public right-of-way, even if the placement is for less than 72 hours.
(8)
At no time will hazardous material be allowed to be stored in the storage container subject to a city storage container permit.
(9)
If the storage container is located at the address in the permit after the 30 day period, the city may remove the storage container at the permit holder's expense.
(d)
Real estate sales offices in residential districts.
(1)
A real estate sales office may be operated from a model home or other building located within a recorded subdivision, provided that the use is limited to sale of lots or new homes within that same subdivision. The temporary use approval shall expire at such time as 95 percent of the lots within the subdivision have been sold.
(2)
No HUD-code manufactured home or other portable building not constructed in conformance with the city's building code requirements shall be allowed as a temporary office for the sale of real estate.
(Ordinance adopted 3/21/2022)
§ 14.04.021 Vehicle service, limited.
In Commercial districts, no vehicle service use shall occupy a facility with more than three service bays. Allowed services shall be limited to the following.
(1)
Fluid changes.
(2)
Lubrication.
(3)
Sales and replacement of minor parts such as batteries, belts, bulbs, lamps, fuses and wipers.
(4)
Battery recharging.
(5)
State-mandated inspections.
(6)
Tire sales, installation and repair.
(7)
Brake repair and replacement.
(8)
Replacement of shocks and struts.
(9)
Sales and installation of custom auto parts and accessories that are not intended to enhance the performance of the engine, and that do not alter the original or "stock" components of automotive electric, transmission, suspension or exhaust systems.
(Ordinance adopted 3/21/2022)
§ 14.04.022 Waste-related uses.
Where allowed only as a conditional use, waste-related uses shall be subject to approval by the planning commission and shall furthermore be subject to the following conditions:
(1)
Use of the facility shall be limited to collection (from household and business consumers) of small items such as cans, glass, plastic and paper, for temporary storage and subsequent transport to another facility for processing.
(2)
No mechanical means of collection or processing shall be allowed, including but not limited to the crushing of cans.
(Ordinance adopted 3/21/2022)
§ 14.04.023 Windmills.
(a)
Purpose.
This section is intended to regulate and restrict the height, size, location and other features of windmills and windmill facilities and will conserve and enhance natural resources and land values and protect existing properties and the environment.
(b)
Required approval, small residential/small commercial windmills.
Small residential/commercial windmills are an allowed use as described in section 14.03.008.
(c)
Required approvals, all other windmills.
(1)
Special use permit.
Applicants shall submit an application and be required to obtain special use permit approval from the city planning and zoning commission to install or operate a residential and/or commercial windmill, or industrial windmill or windmill facilities in the city.
(2)
Site plan.
(A)
Applicants shall submit an application and be required to obtain site plan approval from the city planning and zoning commission before a building permit may be issued for the construction or operation of a residential and/or commercial windmill, or industrial windmill or windmill facilities in the city.
(B)
A site plan drawn in sufficient detail to show the following shall be required:
(i)
Location of the tower(s) on the site and the tower height, including blades, rotor diameter and ground clearance.
(ii)
Utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades.
(iii)
Property lot lines and location and dimensions of all existing structures and uses on-site within 500 feet of windmill facilities.
(iv)
Surrounding land use and all structures within 1000 feet of the location of towers.
(v)
Dimensional representation of the various structural components of the tower construction, including base and footing.
(vi)
Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.
(vii)
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the International Building Code or other appropriate codes.
(viii)
Industrial windmill site plan applications shall include a separate plan for each tower location.
(ix)
The planning and zoning commission may require any further information it finds may be necessary to review the application.
(d)
Review standards.
The following shall govern the location, size, dimension, appearance, operation and use of windmills in the city:
(1)
Residential and/or commercial windmills.
(A)
Placement.
(i)
Setbacks, ice and blade throw.
a.
Setbacks from adjacent property lines, rights-of-way, easements, public ways or power lines (not to include individual residential feed lines) shall be the structure height plus one hundred (100) feet. Structure height shall be measured from the ground surface level to the maximum height of the blades above the nacelle.
b.
Number of windmills allowed per lot:
One (1).
c.
Noise level limit.
Except as otherwise provided herein, windmills shall be located so that the total amount of noise generated by windmills and all other uses upon the property shall not exceed 45 dB(A) measured at the property line.
d.
Guy wires and/or anchors.
All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point ten (10) feet above the ground. Setbacks for any windmill tower from any property line shall be a distance of fifty (50) feet from any anchor point for guy wires or cables.
e.
Lighting.
No windmill tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime, and overcast daytime condition stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing before the planning and zoning commission, as a prerequisite to that board's approval, with consideration of existing residential or commercial uses within 2,000 feet of each tower for which such strobe lighting is proposed.
f.
Broadcast interference.
No individual tower facility shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone or other personnel communication systems would produce electromagnetic interference with signal transmission or reception. The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the planning and zoning commission within sixty (60) days of any complaint.
g.
Location on lot - commercial windmills.
Commercial windmill location is not restricted to rear or side yards. The planning and zoning commission shall address location on the lot during site plan review.
(B)
Specifications.
(i)
Maximum height limit.
Maximum height limit shall be no greater than 100 feet.
(ii)
Kilowatt limit:
10KW.
(iii)
Structure.
Solid tube.
(iv)
Type.
All types of windmills will be allowed.
(v)
Ice buildup sensors.
Ice buildup sensors are not required for residential and/or commercial windmills.
(vi)
Connecting cables.
All power transmission distribution lines from the windmill electricity generation facilities shall be underground from the windmill electric generation facilities to the collection station. All other circumstances will be reviewed during the site plan process.
(vii)
Blade to ground distance.
The lowest portion of the blade may not be closer than (30) feet to the ground.
(viii)
Signage.
No advertising signs are allowed on any part of residential and/or commercial windmills and windmill facilities.
(C)
Notice and safety considerations and requirements.
(i)
Fencing.
Access to the tower shall be limited by secured entry to the tower base.
(ii)
Limit tip speed.
No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor-blades, and turbine components.
(D)
Operating considerations and requirements.
(i)
Removal if not operational.
Any windmill, which has been out of active and continuous service for a period of one (1) year, shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within eighteen (18) months of the cessation of active and continuous use of such windmill.
(ii)
Landscaping.
Upon completion of installation the site shall be returned as close as possible to its natural state. Seeding of disturbed areas is a minimum.
(iii)
Buildings and grounds maintenance.
Any damaged or unused parts shall be removed from the premises within thirty (30) days or kept in a fenced designated storage area or disposed of legally. All maintenance equipment and spare parts, etc. shall also be kept fenced in a designated storage area. Oil shall be disposed of legally.
(iv)
Ownership changes.
If the ownership of a windmill operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the code enforcement officer.
(v)
Windmill modifications.
Any and all modifications, additions, deletions or changes to windmills that operate under a special use permit whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such windmill or become necessary as a result of natural forces, such as wind or ice.
(E)
Certifications.
(i)
Routine inspection report.
An inspection report prepared by the turbine supplier/manufacturer will be required at the time of installation and every three (3) years thereafter. The inspection report required at the time of installation and thereafter will be for the structure and the electronics and will be given to the code enforcement officer.
(ii)
National and state standards.
The applicant shall show that the windmill meets all applicable manufacturer's, State of Texas and U.S. standards for the construction, operation and maintenance of the proposed windmill. Windmills shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a windmill special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of Texas, that such windmill is in compliance with such standards.
(iii)
Lightning strike/grounding.
The applicant shall show that the windmill meets all applicable manufacturer's, State of Texas and U.S. standards for the construction, operation and maintenance of the proposed windmill.
(iv)
Wind speed/wind load.
Certification is required by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the International Building Code.
(F)
Sureties.
(i)
Performance bond (removal).
The owner of a windmill, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the windmill is discontinued. If transmission/distribution service from a windmill is to be discontinued for a period exceeding six (6) months, the owner of such windmills shall notify the code enforcement officer within thirty (30) days of the date such discontinuance commenced. Any windmill which has been out of active and continuous service for a period of one (1) year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within (18) eighteen months of the cessation of active and continuous use of such windmill.
(ii)
Insurance - liability.
Prior to issuance of a building permit, the application shall provide the city proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the city manager in consultation with the city's insurer, to cover damage or injury which might result from the failure of a tower or any other part(s) of the generation and transmission/distribution facility.
(iii)
Environmental contamination by oil.
The owner of a windmill after such application has been approved and before a building permit is issued, shall submit the maximum amount letter of credit or acceptable surety necessary to ensure the cleanup of any contamination. An engineer selected by the city and the city attorney shall judge whether the letter of credit or other surety is adequate and satisfactory before a building permit is issued.
(2)
Industrial windmill.
(A)
Placement.
(i)
Setbacks. Ice and blade throw from property line.
Setbacks from adjacent property lines, rights-of-way, easements, public ways or power lines (not to include individual residential feed lines) shall be the structure height plus one hundred (100) feet. Structure height shall be measured from the ground surface level to the maximum height of the blades above the nacelle. The property line setback requirement may be reduced by the planning and zoning commission incidental to the special permit review when the commission finds the following:
a.
Both properties on each side of the property line in question will have electric generation or transmission facilities constructed on them as part of the project review; or
b.
The owner of the property for which the reduced setback is sought has executed an easement in which he consents to the reduced setback.
(ii)
Setbacks, ice and blade throw from dwellings.
The minimum setback distance between each production wind power electric generation unit (wind turbine tower) from adjacent dwellings, areas or structures customarily used by the public, shall be 1,500 feet. Structure height includes the blades. The dwelling setback requirement may be reduced by the commission if:
a.
Both properties on each side of the property line in question will have electric generation or transmission facilities constructed on them as part of the project review; or
b.
The owner of the property for which the reduced setback is sought has executed an easement in which he consents to the reduced setback.
(iii)
Windmill noise level limit.
Windmill noise levels at non-project property lines shall not exceed 50.0 dB(A), except as set forth herein.
(iv)
Guy wires and/or anchors.
All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point ten (10) feet above the ground. Setbacks for any windmill tower from any property line shall be a distance of (50) feet from any anchor point for guy wires or cables.
(v)
Lighting.
Towers shall be lit according to state and federal agency guidelines. Anything over 200 feet presently requires lighting.
(vi)
Broadcast interference.
No individual tower facility shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, televised or wireless phone or other personnel communication systems would [be] likely to produce electromagnetic interference with signal transmission or reception. The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the planning commission within sixty (60) days of any complaint.
(vii)
Location on lot.
Windmill location is not restricted to rear or side yards. The planning commission shall address location on lot during site plan review.
(viii)
Substations, etc.
Substations and/or switch yards and connecting distribution systems shall meet all local, state and federal regulations.
(ix)
Transmission lines.
The planning and zoning commission shall review locations and visual considerations at time of site plan approval.
(B)
Specifications.
(i)
Maximum height limit.
Maximum height limit shall be no greater than 500 feet.
(ii)
Color.
Industrial windmills must be a color approved by the planning and zoning commission unless preempted by state or federal law.
(iii)
Structure.
Solid tube-type. All types of windmills will be allowed.
(iv)
Ice buildup sensors.
No wind turbines shall be permitted which lack an automatic shutdown feature in the event of blade icing.
(v)
Connecting cables.
All power transmission/distribution lines from the windmill electricity generation facilities shall be underground from the windmill electric generation facility to the collection station.
(vi)
Blade to ground distance.
The lowest portion of the blade may not be closer than thirty (30) feet to the ground.
(vii)
Windmill design.
Only upwind design windmills are allowed in the city.
(viii)
Signage.
No advertising signs are allowed on any part of industrial windmills and windmill facilities.
(C)
Notice and safety considerations.
(i)
Fencing.
Access to the towers shall be limited by secured entry to the tower base.
(ii)
Limit tip speed.
No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(D)
Operating considerations.
(i)
Removal if not operational.
Any windmill, which has been out of active and continuous service for a period of one (1) year, shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as reasonably possible. Such removal shall be completed within (18) eighteen months of the cessation of active and continuous use of such windmill.
(ii)
Landscaping.
Upon completion of installation the site shall be returned as close as possible to its natural state. Seeding of disturbed areas will be a minimum.
(iii)
Buildings and grounds maintenance.
Any damaged or unused parts shall be removed from the premises within thirty (30) days or kept in a fenced designated storage area or disposed of in a legal manner. All maintenance equipment and spare parts, etc., shall also be kept in a fenced designated storage. Oil shall be disposed of properly.
(iv)
Ownership changes.
If the ownership of a windmill operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner will continue to be obligations of succeeding owners. The change in ownership shall be registered with the code enforcement officer.
(v)
Windmill modifications.
Any and all modifications, additions, deletions or changes to windmills that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such windmill or become necessary as a result of natural forces, such as wind or ice.
(vi)
Windmill noise level limit.
Noise levels for all uses upon the property at non-project property lines shall not exceed 50 dB(A).
(Ordinance adopted 3/21/2022)
§ 14.04.024 Game room.
Game rooms may only be located:
(1)
At least 1,000 feet from the premises of a school, the premises of a public or private youth center, or a playground;
(2)
At least 300 feet from the premises of a public swimming pool/splashpad or game hall;
(3)
At least 1,000 feet from any premises owned, rented, or leased by a general residential operation operating as a recovery facility;
(4)
At least 1,000 feet from a residential neighborhood;
(5)
At least 1,000 feet from a school; and
(6)
At least 1,000 feet from a regular place of worship.
(Ordinance 2025-006 adopted 3/17/2025)