(A)

The City is divided into six business districts. All districts permitting any business or commercial use require one-acre lots and must meet requirements for parking, light and height restrictions as set forth in this chapter. The City's business districts allow low-rise garden-type buildings to a maximum of two stories for use in providing professional offices and retail services.

(B)

Permitted Neighborhood Office (NO) zoning includes:

(1)

Office of an accountant, architect, attorney, engineer, physician, dentist, medical clinic, broker, consultant, insurance agent, real estate agent, travel agent, administrative offices for building contractors and the like or similar professional offices; and

(2)

Accessory structures and uses to any of the foregoing permitted uses.

(C)

Permitted Neighborhood Commercial (NC) zoning includes:

(1)

Antique stores, art studio or gallery, book and stationary store, electrical appliance or repair; financial institution, retail florist shop, professional or service offices, pet shop, photographer's studio, radio, television or electronics sales and service, shoe sales and repair or tailor and dressmaking and other retail stores; and

(2)

Specifically prohibited are on-site vehicle repair or services, sales or rental of pornographic or adult items, sales of fireworks, on-site manufacturing and fabrication, on-site dispensing of fuel and on-site dispensing of items that might pose a fire hazard or which might pose a safety hazard of any kind.

(D)

Special events: those uses permitted by City Council pursuant to § 156.082 of this chapter.

(E)

Commercial lots bordering a residential zoning district shall be required to have a six-foot high privacy fence on all sides adjoining the residential zoning district.

(F)

Parking: one hard-surface (asphalt or concrete) parking space is required for each 250 square feet of gross floor space.

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

(A)

Purpose. This district is intended to establish and preserve attractive recreational facilities and to protect the integrity of such areas by prohibiting uses that are incompatible with permitted recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential districts.

(B)

Permitted uses.

(1)

The following are permitted:

(a)

Golf courses including natural or artificial hazards for the game of golf, tee boxes, fairways and golf greens, golf cart storage, servicing facilities and golf course maintenance facilities. Club houses, tennis courts, swimming pools, pavilions and similar recreational facilities may be permitted by a conditional use permit;

(b)

Tennis courts and swimming pools;

(c)

Youth camps;

(d)

Similar use recreational facilities may be approved by the City Council granting a conditional use permit; and

(e)

Accessory structures and uses incidental to the foregoing uses.

(2)

No structure may be erected or converted to any use other than for recreational purposes or uses related directly to recreation as such exists on the date of this chapter.

(3)

The area of property used for an existing use may not be increased nor the use changed without a permit being obtained. The use or size of any structure may not be changed, modified or increased unless the plans and site plan therefor are approved by the City Council. A permit and application fee based on the Master Rate Schedule as adopted by resolution of the City of Woodcreek shall be paid for each permit application.

(4)

Implicit in the above are such things as hours of operation, lighting, sounds, noise, music and the like, which may be viewed as intrusive by property owners whose property is located in the immediate area of the property zoned as recreational.

(C)

Special event permit. Those uses permitted by the City Council pursuant to § 156.082 of this chapter.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019; Ord. 19-256, 3-13-2019)

A special event permit is required for all events which are outside of normal and customary zoning district activities. Such activities must also comply with all other City ordinances and be harmonious with the zoning district in which it is to take place.

(A)

Permit required.

(1)

No special event shall be established, operated or maintained, except as authorized by a special event permit issued in accordance with the requirements of this section.

(2)

A special event permit may be issued by City Council only for the special event meeting the criteria in division (C) below and only for the location where it is authorized.

(3)

Permit fee is based on the Master Rate Schedule as adopted by resolution of the City of Woodcreek and the permit shall specify the allowed days and times of the special event.

(B)

Application. An application for a special event permit shall be made in writing. Application will be approved or denied within 30 days from date all necessary information is received.

(C)

Compliance. A special event permit must comply with all the following criteria:

(1)

The appearance, size, density and operating characteristics for the special event are compatible with the surrounding neighborhood and uses;

(2)

The special event will not have an adverse effect on the value of the surrounding properties nor impede their proper development;

(3)

The special event will not create a nuisance, nor otherwise interfere with a neighbor's enjoyment of property or operation of business;

(4)

The traffic that the special event can be reasonably expected to generate on existing streets will not create nor add significantly to congestion, safety hazards or parking problems in the area, nor will it disturb the peace and quiet of the neighborhood; and

(5)

The special event complies with all other applicable ordinances.

(D)

Zoning change.

(1)

A special event permit is not a zoning change.

(2)

The notice and procedures required for a zoning change shall not be applicable to the issuance of a special use permit.

(3)

Upon an administratively complete application being made for a special event permit, the City Council may decide to grant or deny the same at any meeting of the Council for which notice is given. The City Council may further, in its discretion, require the giving of notice by publication that the application for the special event permit will be considered at a public hearing to be held not less than ten days after the publication of such notice of hearing.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019; Ord. 19-256, 3-13-2019)

Maximum building height is 30 feet. All sites shall contain adequate space for required off-street parking and for buffering from residential districts. Prohibited uses include any activity which produces nuisances as described herein.

(A)

Commercial. (See § 156.080 of this chapter for additional information and requirements.)

(1)

NO, Neighborhood Office. This district is intended to provide sites for businesses and professional office uses. (See § 156.080 of this chapter.)

(2)

NC, Neighborhood Commercial. This district is intended to provide sites for retail and service businesses or other such businesses as may be approved by City Council. (See § 156.080 of this chapter.)

(3)

CRR12, Commercial RR 12. This district is intended for major mixed-use developments of a service nature which typically have operating characteristics requiring location at the intersection of state-maintained highway, excluding scenic arterial.

(4)

HCC, Hotel/conference Center. This district is intended to provide appropriate districts for hotels, conference centers, motels, lodges, inns and bed-and-breakfast establishments

(5)

CR, Commercial Recreational. This district is intended to provide sites for commercial recreational activities.

(B)

Other non-residential districts.

(1)

R, Recreational. This district is intended to establish and preserve attractive recreational facilities including golf courses and youth camp facilities. Permitted uses also include tennis courts, facilities or clubhouses and other recreational facilities approved by City Council. Special events may be permitted by City Council pursuant to § 156.082 of this chapter.

(2)

G, Governmental Services. This district is intended to provide appropriate areas for uses that provide important community services. Permitted uses include facilities owned or leased by the federal, state, City or City government. Also permitted are churches, schools, either public or private non-profit, and libraries.

(3)

U, Utility Services. This district is intended for uses required for both public and private utilities and commercial wireless communications systems

(4)

P-l, Public Park. This district is intended to establish and preserve peaceful and attractive parcels of land as a place for public recreation. Permitted uses include public open and natural areas surrounded or partly surrounded by woodland or grassland, public areas developed for recreation. Accessory structures, parking and uses incidental to the foregoing permitted uses.

(5)

NWP, Nature Wildlife Preserve. This district is privately owned land established to preserve open space and wildlife.

(6)

GB, Greenbelt District. This district is intended to establish and preserve peaceful, attractive, natural or undisturbed areas adjacent to residential districts. Permitted uses include hiking, jogging and non-motorized biking and nature trails, accessory structures and uses incidental to the foregoing uses.

(7)

PUD, Planned Unit Development. Planned unit development with planned diverse land uses, such as housing, recreation and shopping in one consolidated development, and allowing for cluster development and alternative design standards. Minimum site areas: inside City, ten acres recommended.

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

(A)

Purpose. The City Council may by ordinance, adopted by four affirmative votes after receiving the recommendation of the Commission, grant a special use permit in compliance with this section for the special uses as listed in division (B) below. The City Council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the Comprehensive Plan and to conserve and protect property and property values in the neighborhood.

(B)

Authorized special uses. Special uses and those indicated in a specific zoning district as permitted with a special use permit, and none other, may be authorized subject to the terms of this division (B) and compliance with all special terms, regulations and requirements established by the City Council, as identified in the specific district or definition of the use.

(C)

Procedure. Before authorization of any of the above special uses, public notice shall be given and public hearings shall be held as provided in Tex. Local Gov't. Code Ch. 211; provided that, a special use permit for a period not to exceed seven calendar days may be given for a use set forth herein after a public hearing is held by the City Council after having received a report and recommendation from the Commission concerning the effect of the proposed use on the adjacent and neighboring properties and neighborhoods.

(1)

Permit required. No special use shall be established, operated or maintained, except as authorized by a special use permit issued in accordance with the requirements of this section.

(2)

Special use permit issued by City Council. A special use permit may be issued only for the special uses specified in this section, and only for the district where it is authorized.

(3)

Compliance. The City Council shall determine whether the proposed special use complies with each of the general criteria in division (D) below and with each of the criteria for the district applicable to the proposed use and shall make separate findings thereon or adopt the findings made by the Commission.

(4)

Conditions. The City Council may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards or effective time periods designed to assure compliance with the criteria.

(5)

Application. An application for a special use permit shall be made in writing in a form prescribed by the City Secretary and shall be accompanied by such information as may be requested (including a site plan, if required) in order to properly review the proposed use. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data.

(D)

General criteria applicable to all special uses. A proposed special use permit must comply with all the following criteria:

(1)

The appearance, size, density and operating characteristics of the proposed special use are compatible with the surrounding neighborhood and uses;

(2)

The proposed use will not have an adverse effect on the value of surrounding properties nor impede their proper development;

(3)

The proposed use will not create a nuisance factor nor otherwise interfere with a neighbor's enjoyment of his or her property or operation of his or her business;

(4)

The traffic that the proposed use can reasonably be expected to generate on existing streets will not create nor add significantly to congestion, a safety hazard or a parking problem in the area, nor will it disturb the peace and quiet of the neighborhood; and

(5)

The proposed use complies with all other applicable ordinances and regulations.

(E)

Specific permits.

(1)

The subject property is located at two cabins in Camp Young Judaea, per the map attached to the ordinance codified herein, is and shall remain in zoning district Recreational. This chapter allows for additional or conditional uses to be permitted that are in addition to the current zoning, through a special use permit. The property is accordingly hereby granted a special use permit to allow for the following additional and conditional uses, in addition to the uses permitted in the current zoning district in which property is located.

(2)

The subject property is two manufactured office buildings in Camp Young Judaea, per the map attached to the ordinance codified herein, Exhibit A (Camp Young Judaea map dated 11-22-2006), is and shall remain in zoning district Recreational. This chapter allows for additional or conditional uses to be permitted that are in addition to the current zoning, through a special use permit. The property is accordingly hereby granted a special use permit to allow for the following additional and conditional uses, in addition to the uses permitted in the current zoning district in which property is located.

(3)

The subject property is located in the close vicinity of QuickSand Golf Course's Pro Shop, as more particularly described as the QuickSand Golf Course Cart Barn, per the map attached to the ordinance codified herein, is and shall remain in zoning district Recreational. This chapter allows for additional or conditional uses to be permitted that are in addition to the current zoning, through a special use permit. The property is accordingly hereby granted a special use permit to allow for the following additional and conditional uses, in addition to the uses permitted in the current zoning district in which property is located.

(Ord. 00-65F, 11-12-2003; Ord. 00-65N, 6-1-2005; Ord. 00-65O, 11-22-2006; Ord. 00-65P, 7-22-2013; Ord. 19-255, 3-13-2019; Ord. 19-268, 9-12-19)

(A)

Wireless telecommunications facilities.

(1)

The purpose of this section is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety and to mitigate adverse visual impacts on the community while promoting the provision of telecommunications service to the public.

(2)

The regulations contained in this section are developed under the general guidelines as provided in the Federal Telecommunications Act of 1996.

(3)

Notwithstanding any other provision of this section, telecommunications towers and antennas, when permitted by federal law and the laws of the state, shall be regulated and governed by the following use regulations and requirements.

(B)

General provisions.

(1)

Application. This section's site plan requirements and fees apply to towers and antennas.

(2)

Technical assistance. When the technical information provided by the applicant is beyond the technical capacity of City staff to review, the applicant, in addition to the usual fees, shall reimburse the City for the actual cost to the City for the services of a technical expert to review the plans and/or supplemental information, up to a maximum of $5,000.

(C)

Telecommunications tower standards.

(1)

Applicable federal and state standards. All telecommunications towers and antennas shall be erected and operated in compliance with current Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, state and local standards.

(2)

Structural standards. Telecommunications tower structures must conform to the most current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located such that if the structure should fall, it will avoid habitable structures and public streets.

(3)

Co-location. Towers over 75 feet in height shall be designed and built to accommodate a minimum of two cellular or PCS providers. The owner of the tower must certify to the City that the tower is available for use by other telecommunications-service providers on a reasonable and non-discriminatory basis.

(4)

Fencing. Security fencing, if installed, shall be by a wrought iron fence or a masonry wall, each not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings.

(5)

Setbacks. All telecommunications towers shall be set back from the nearest property line a minimum distance not less than the height of the tower.

(6)

Signage. Except as otherwise permitted in this section, no signage, lettering, symbols, images or trademarks in excess of 200 square inches shall be placed or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building or security fencing other than as required by FCC regulations or other applicable law.

(7)

Lighting. Except as otherwise permitted in this section, no signals, lights or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA or other appropriate public authority.

(D)

Antenna mounting standards. The purpose of this section is to promote public safety and maintain order and harmony within the City's commercial, recreational and residential districts by restricting the size and location of telecommunications antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares and to insure the structural integrity of supporting structures.

(1)

Whip-and-panel antenna mounting standards.

(a)

Building-mounted panel antennas are permitted on non-residential buildings and multi-family dwellings in all zoning districts; provided that, they are mounted flush with the exterior of the building and that they do not project above the roof line nor more than 30 inches from the surface of the building to which they are attached. The antenna's appearance shall be such that its color and texture blend with the surrounding surface of the building.

(b)

Whip antennas are permitted on non-residential buildings and multi-family dwellings in all zoning districts; provided that, the total length of the whip antennas, regardless of mounting method or location, does not exceed 15 percent of the height of the building.

(c)

Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 500 square feet of building floor area.

(2)

Dish antenna mounting standards.

(a)

Dish antennas shall not be permitted in any front setback area or side setback adjacent to any roadway.

(b)

Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six-foot high screening fence, evergreen hedge or masonry wall.

(c)

Dish antennas in excess of ten feet in height or more than three meters in diameter shall not be permitted in any residential zoning district.

(d)

Building/roof-mounted dish antennas one meter or less in diameter are permitted in any zoning district.

(e)

Building/roof-mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area in non-residential zoning districts.

(f)

Only one building/roof-mounted dish antenna two meters or less in diameter is permitted per 5,000 square feet of building-floor area on non-residential buildings and on multi-family dwellings in residential zoning districts.

(g)

Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 100,000 square feet of building-floor area in non-residential zoning districts.

(h)

Building/roof-mounted dish antennas in excess of two meters in diameter in non-residential zoning districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

(3)

Structural certification. Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array, or support structure, the City shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.

(E)

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

Antenna. A structure or device used to collect or radiate electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes and omni-directional antennas, such as whips, but not including satellite-earth stations.

Antenna, Dish. A parabolic or bowl-shaped device that receives and/or transmits signals in a specific directional pattern.

Antenna, Panel. An antenna which receives and/or transmits signals in a directional pattern.

Antenna, Telecommunications. An antenna used to provide a telecommunications service. This excludes lightning roads, private mobile radio systems, amateur radio antennas less than 50 feet (15 meters) in height and whip antennas less than four inches (ten cm) in diameter and less than ten feet in height.

Antenna, Whip. An omnidirectional dipole antenna of cylindrical shape which is no more than six inches (915 cm) in diameter.

Co-Location. A single telecommunications tower and/or site used by more than one telecommunications service provider.

EIA 222. Electronics Industries Association Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures.

Telecommunications. The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing without change in the form or content of information as sent or received.

Telecommunications Service. The offering of telecommunications for a fee directly to the public, or to such classes as to be effectively available to the public, regardless of the facilities used.

Tower. A swell-supporting or cable-anchored structure designed to support telecommunication antennas.

Tower, Guyed. Any telecommunications tower supported in whole or in part by cable anchored to the ground.

Tower, Height. The distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting and other appurtenances, if any.

(F)

Appeal. If a site plan application is denied, the applicant may submit to City Council an appeal within ten days of the denial. If City Council finds that strict application of the regulations of this chapter would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law. City Council may modify the subject regulations to the extent necessary to prevent prohibition.

(G)

Violation deemed nuisance. In addition to the penalties provided in the Zoning Ordinance, any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the City may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section and other available relief.

(Ord. passed 3-13-2002; Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)