No building shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use, for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided, however, that, necessary structural repairs may be made where health and safety are endangered. (See § 156.082 of this chapter).

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

All outdoor tanks, excluding rain water collection tanks that are manufactured for the purpose of rain water harvesting and storage and that are of 100-gallons or less, shall be shielded from view by landscaping or fencing. Privacy fencing may be used if in compliance with other sections of the Woodcreek Code of Ordinances. Building permits are required for fencing.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

All buildings shall have a hard-surface driveway. Accessory structures not accessed by road vehicles are excepted.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

Parking of automobiles, trucks, buses, trailers, mobile homes, recreational or commercial vehicles on publicly-owned rights-of-way, park or greenbelt is prohibited except under the following conditions:

(A)

Parallel parking of personal automobiles and trucks will be allowed along the street right-of-way in front of a residential property if the vehicles are pulled off the street pavement (all tires must be off the pavement), no part of the vehicle projects out over the pavement, and the grass has been mowed to a height of less than four inches.

(B)

Residential property owners may elect to surface the parallel parking space in the right-of-way with a pervious cover, such as gravel or crushed granite upon written approval of proposed surfacing plan by the City.

(C)

Parking of personal vehicles shall be allowed on publicly-owned rights-of-way, parks and greenbelts with paved or pervious parking spaces provided by the City, subject to the restrictions of any posted signs.

(D)

Penalty. Any person violating any provision of this section shall be subject to the penalties and provisions in § 10.99 of this Code of Ordinances.

(Ord. 00-65N, 6-1-2005; Ord. 15-217, 10-14-2015; Ord. 16-219, 2-10-2016; Ord. 18-243, 1-17-2018; Ord. 19-255, 3-13-2019)

(A)

All fences shall be constructed and maintained to ensure structural integrity against natural forces such as wind, rain and temperature variations.

(B)

All fences shall be maintained in safe and good workmanship condition.

(C)

The finished side of all fences built to comply with these regulations shall face away from the screened object.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

To reduce fire hazards, wood roof surfaces are not permitted in any zoning district. Fire-resistant materials such as metal, tile, fiberglass, composite shingles and the like shall be used on all roof surfaces.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

(A)

No sign or billboard shall be erected, moved, altered, added to, enlarged, painted or modified unless it shall conform to the provisions of this chapter and all applicable City ordinances governing the placement, location, permitting, construction and maintenance of signs.

(B)

Except as otherwise expressly authorized by ordinance, all off-premises signs and billboards are expressly prohibited.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable City codes and ordinances, and such work and structure shall:

(A)

Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located; and/or

(B)

Not exceed the height limit herein established for the district in which such building is located.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

Accessory structures, designed, constructed and located for a use permitted in the district, in compliance with this chapter and all other applicable City ordinances, are permitted in each zoning district.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless plans meet the requirements of other City ordinances, including §§ 151.01 through 151.13, Ch. 153 and Ch. 155 of this Code of Ordinances.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless it shall conform to the off-street parking and loading requirements of this chapter.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

No yard or other open space provided around any structure or building for the purpose of complying with provisions of this section shall be considered as providing a yard or open space for a building on any other lot.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

Except as otherwise specifically provided in this chapter, no building shall be erected or maintained within the required building setbacks set forth herein, or which exceeds the height limits specified in the zoning districts charts herein.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

Uses within each district are restricted solely to those uses expressly permitted in each district, and are not cumulative unless so stated.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Nothing in this section shall prohibit the approval of a comprehensive zero lot line residential development or other innovative housing development in compliance with the other terms and provisions of this chapter.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Dark skies compliance required. All new outdoor lighting fixtures and installations in the City shall conform to the following provisions.

(B)

Definitions. For the purpose of this section, the definitions of § 156.009 shall apply unless the context clearly indicates or requires a different meaning.

(C)

Shielding, spectrum and curfews.

(1)

Any fixture installed in the City, including municipally-owned street lights, having a total light emission in excess of 1,500 lumens shall be shielded in a manner that:

(a)

Confines the light so that it falls entirely on a wall or sign, or confines the light entirely below a horizontal plane at the level of the lowest of: the lowest point of the fixture at which light is emitted, the lowest part of any lens, or the lowest point of any specular reflector; and

(b)

Prevents a line of sight from any point off the property on which the fixture is situated to a light source, its surrounding non-diffusing lens, or a specular reflector within or incidental to the fixture.

(2)

No property in the City shall have fixtures that are not included in, or do not conform to division (C)(1) of this section, which collectively have total light emission exceeding 7,200 initial lumens.

(3)

No fixture may be installed employing a lamp whose correlated color temperature exceeds 3,000 Kelvins.

(4)

New street lighting installed after the effective date, other than fixtures at the intersection of roadways, shall utilize half-night photocells or timers to turn off the lights halfway between dusk and dawn.

(D)

Site lumen limits/zoning categories.

(1)

The total outdoor light output (excluding municipally-owned streetlights used for illumination of public rights-of-way and outdoor recreation facilities) in both shielded and unshielded fixtures on any nonresidential property in districts SF-1 through SF-6, TH/C, DU-1, 4PLX, MF-1, MF-1A, MF-2, RR, PUD, MH-1, and unzoned tracts where a residence exists shall not exceed 20,000 initial lumens per net acre, or 40,000 initial lumens per net acre in other districts and unzoned tracts, in any contiguous illuminated area. These lumen per net acre values are upper limits and not design goals; design goals should be the lowest levels that meet the requirements of the task.

(2)

Total outdoor light output (excluding municipally-owned streetlights used for illumination of public rights-of-way and outdoor recreation facilities) in unshielded fixtures on any nonresidential property in districts SF-1 through SF-6, TH/C, DU-1, 4PLX, MF-1, MF-1 A, MF-2, RR, PUD, MH-1, and unzoned tracts where a residence exists shall not exceed 6,000 initial lumens per net acre, or initial 15,000 lumens per net acre in other districts and unzoned tracts, in any contiguous illuminated areas.

(E)

Redirection and removal of adjustable fixtures and bulbs.

(1)

Redirection. Any fixture existing on the effective date of this subchapter which does not conform to division (C) of this section and which can be re-directed or re-aimed shall be re-directed or re-aimed in a manner that reduces the degree of non-compliance so it fully conforms with division (C) of this section.

(2)

Removal A light string that does not conform to division (C) of this section shall be removed, or the number of bulbs reduced sufficiently to comply with division (C) of this section.

(F)

Illumination.

(1)

Limitation per fixture. The maximum illumination on any outdoor surface or object, including signs, from all fixtures or light sources, whether installed before or after the effective date of this section, including lighting of externally illuminated and internally illuminated signs, shall not exceed:

(a)

Six footcandles in districts SF-1 through SF-6, TH/C, DU-1, 4PLX, MF-1, MF-1 A, MF-2, RR, PUD, MH-1, and unzoned tracts where a residence exists;

(b)

Eighteen footcandles in other districts and unzoned tracts where a business exists and is open; or

(c)

Three footcandles in other districts and unzoned tracts where a business is closed or does not exist;

(2)

Measurement.

(a)

On any surface, except signs, the maximum illumination shall be measured at the point of highest illumination but no closer than six feet from the center of the nearest fixture.

(b)

On any surface of an externally illuminated sign, the maximum illumination shall be measured at the center of the sign.

(c)

On any surface of an internally illuminated sign, the maximum illumination shall be measured at the point of highest illumination.

(d)

On any surface illuminated by an internally illuminated sign, the maximum illumination shall be measured at the point of highest illumination, but no closer than six feet from the center of the sign.

(3)

Re-lamping. Any fixtures existing on the effective date of this subchapter which do not conform to this section, which require lamp replacement and which will support lamps of lower emission, shall be re-lamped with lower-emission lamps in order to:

(a)

Achieve compliance with this section; or

(b)

Approach compliance with this section to the greatest possible degree.

(G)

Prohibited lighting forms. The installation or replacement of a mercury arc or mercury discharge lamp of any size or kind is strictly prohibited.

(H)

Removal of non-conforming fixtures. Any change of use of a property, or renovations or additions to the structures on a property constituting more than 20 percent of the previous calendar year's appraised value shall result in the removal or replacement of any non-conforming fixtures on those structures.

(I)

Replacement of fixtures; conformance required. Any fixture that is replaced, whether or not it conforms to this subchapter, shall be replaced only with a fixture that conforms to all provisions of this section.

(J)

Public safety and public nuisance.

(1)

The City may install new public outdoor lighting, including street lighting and lighting on other public property and rights-of-way, after the effective date only upon the determination of the City Manager that a clear public safety threat exists in the space to be lit, and that the hazard can only be effectively mitigated through the use of outdoor lighting.

(2)

Not withstanding the provisions of division (I) of this section, the City may require the modification or removal or limited operation of lighting fixtures found to be a public hazard or public nuisance according to the following criteria:

(a)

Criteria for finding illumination to be a public hazard:

1.

Light trespass or glare which is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle; or

2.

Light trespass or glare that impairs a person's visual performance or ability to avoid obstacles in his or her path; or

(b)

Criteria for finding illumination to be a public nuisance:

1.

Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of a property; or

2.

A high frequency or duration of periods when light trespass or glare is sufficient to interrupt or interfere with usual and reasonable use and enjoyment of a property; or

3.

Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any citizen of the City from the usual and reasonable enjoyment of a property.

(3)

Benefit to the general public welfare may be found to mitigate a finding of a public nuisance but may not be found to mitigate a finding of a public hazard.

(K)

Exceptions. The City may grant an exception to some of the provisions of this section for certain fixtures if the City finds the exception to be in the interest of public health, safety, and welfare and under the following conditions.

(1)

For the illumination of City streets, parking lots, areas of public activity, and yard security, a nonconforming fixture which is granted an exception may be installed and the fixture and its light shall be exempts from the provisions of divisions (C), (F)(1)(c), and (H) of this section except as set forth below it:

(a)

No alternate lighting design or location using fully conforming fixtures is reasonable applicable to the physical conditions of the site, and the asserted need for a non-conforming fixture is not solely for the purpose of achieving an illumination level in excess of the provisions of division (F)(1)(c) of this section;

(b)

A fully conforming fixture with or without auxiliary shielding is unavailable from manufacturers of fixtures or is unavailable for mounting on a pole of the public electric utility;

(c)

The fixture has a full horizontal cut-off design, and has total light emission not exceeding 8,500 initial lumens;

(d)

A fixture is mounted no higher than:

1.

Sixteen feet above the ground when mounted on a privately owned pole;

2.

The lowest point consistent with public electric utility requirements when mounted on a pole which is the property of the public electric utility.

(e)

No excepted fixture is located closer to another such fixture on one or separate properties than a distance equal to three times the average mounting height of the fixtures, nor closer to property lines of adjoining or facing residential property than a distance equal to two times the height of the fixture above the ground;

(f)

No more than one excepted fixture is located on a residential property;

(g)

No more than two excepted fixtures are located on a non-residential property for security purposes where there is no night-time public activity;

(h)

The maximum illumination due to all fixtures on the ground or any other surface does not exceed six footcandles; and

(i)

The light from all excepted fixtures conforms to the provisions of division (C)(1)(b) and (C)(3) of this section so far as it affects any adjoining residential property.

(j)

The lighting illuminates the State of Texas flag and/or United States flag, provided that:

1.

Flagpoles illuminated from below are limited to a height of 30 feet above ground level, and are illuminated with a single spot-type fixture whose maximum initial output is 75 lumens per foot of height, measured from the light fixture to the top of the flagpole. The fixture must be mounted so that the lens is perpendicular to the flagpole.

2.

Flags posted on flagpoles are raised and lowered in a manner consistent with customary etiquette calling ftf for display only between sunrise and sunset.

3.

Flagpoles illuminated from above utilize a single light fixture, not to exceed 800 initial lumens, attached to the top of the flagpole or a fixture mounted above the top of the flagpole on a structure within 15 feet of the flagpole.

(k)

Decorative light strings displayed during seasonal holiday period from November 1 to January 15 of the following calendar year are exempt from the provisions of this section.

(L)

Applicability; administration and enforcement.

(1)

All lighting installations or additions to lighting installations made after the original effective date of this section shall conform to this subchapter and shall be subject to inspection by the Woodcreek City Manager or his or her designee.

(2)

An outdoor lighting plan shall be included as part of the documentation for a permit application. The outdoor lighting plan shall show the bulb type and electric power of all proposed and existing outdoor bulbs and fixtures in the lighting installation, and provide sufficient detail with respect to location, height, and aiming and shielding of the fixtures to demonstrate that the proposed lighting installation complies with this section.

(3)

If the City Manager or his or her designee finds that an outdoor lighting fixture does not comply with this section, the owner shall be notified and shall be allowed 30 days from the date of receipt of notification to remedy the non-compliance or to demonstrate that a violation does not exist.

(Ord. 17-230, 6-14-2017; Ord. 19-255, 3-13-2019)