7.101: In R-1, R-D, R-2 and R-P and PUD Districts: (Amended 2-25-85, 7-10-06)

An attached or detached private garage;

Nonpaying guest houses or rooms for guests within an accessory building, provided such facilities are used only for the occasional and gratuitous housing of guests of the occupant of principal building and not for permanent occupancy by others as a dwelling unit;

Sheds or tool rooms;

Children's playhouses;

Vegetable or flower gardens;

Garden houses;

Private green houses;

Private tennis courts;

Private swimming pools;

Domestic staff quarters; and

Similar uses customarily accessory to a residential use.

7.102: In the R-2 District, there may also be storage garages for use solely of the occupants of the premises.

7.103: In P-C, O-P, M-P and M Districts there may be any accessory use. (Amended 7-10-06)

7.104: Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction.

7.105: Shipping containers as storage buildings prohibited. (Added 9-23-19)

A.

It is the intent of this section to limit, except as provided herein, the placement and use of any shipping container as an accessory building, storage building, or living unit. This is to protect the public health and safety, and the aesthetic quality of the City.

B.

No person shall place, cause to be placed, use, or permit use of any shipping container as an accessory building, storage building, or living unit unless explicitly permitted in the intended zone of placement.

C.

Shipping containers, to include all portable containers originally designed and constructed for use in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities by rail, truck, or ship, may be used for temporary storage only, under the following conditions:

1.

All temporary placement of a shipping container for purposes of storage requires a permit, to be issued by the City of Woodway Building Official, and adherence to the time frame set forth by that permit.

(a)

For residential properties with an active construction permit, placement is allowed by permit for 30 calendar days, with extensions available in conjunction with the length of the building permit, but not to exceed 180 consecutive days.

(b)

For residential properties without an active construction permit, placement is allowed by permit for 30 calendar days, with a maximum of 60 days in a one (1) year period.

(c)

For non-residential properties, placement is allowed by permit for 30 calendar days, not to exceed 90 consecutive days, with a maximum of 180 days in a one (1) year period.

2.

At no time shall a permitted shipping container be placed on the street, in the City's rights-of-way or easements, or in any position where it will cause sight obstruction. Intended placement must be indicated on permit application, and approval will not be granted unless these conditions are met.

Editor's note— Ord. No. 79-1, adopted Feb. 10, 1979, repealed former § 7.2, pertaining to the regulation of signs and derived from ordinances enacted Feb. 1, 1971, and Oct. 21, 1974. Said Ord. No. 79-1 enacted provisions pertaining to similar subject matter which have been codified herein at Ch. 14½, §§ 14½-1—14½-21.

7.301: Accessory buildings and swimming pools may be located in a rear yard, but may not occupy more than thirty (30) per cent of a rear yard.

7.302: An accessory building closer than five (5) feet to a main building shall be considered as a part of the main building and shall be provided with the side and rear yars required for the main building.

7.303: An accessory building more than five (5) feet from a main building may be erected within two feet of a side or rear lot line, but must be located at least sixty (60) feet from the front street line; provided, however, that on corner lots accessory buildings may not be erected within the area required for the side yard along the side street as described in Section 4.202. (Amended 2-25-85)

7.304: Where a garage is entered from an alley, it must be kept ten (10) feet from the alley line.

7.305: On corner lots, the minimum buildable width of thirty (30) feet (see Section 4.202) for main buildings is reduced to twenty-two (22) feet for accessory buildings.

7.401: No fence more than thirty (30) percent solid or more than three (3) feet high may be located within thirty (30) feet of a street intersection.

7.402: Fences exceeding eight (8) feet in height require written approval by the City staff.

7.403: No person or entity shall construct, erect, or repair a fence in a residential district unless the fence is constructed of wood, metal or metal alloy, vinyl, brick, stone, or other masonry.

7.404: It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this section to violate its provisions.

7.405: A violation of this article shall be a misdemeanor and the penalty for violating this section shall be a minimum fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00), for each violation. Each day or part thereof that a violation exists shall be a separate offense.

7.406: The City shall have the right to enforce this Ordinance through civil litigation by means of injunctive relief or through any other remedies available under Texas law.

7.501: Purpose.

It is the purpose of this regulation to allow the safe, effective and efficient use of wind energy systems (WES).

7.502: Definitions.

A.

dB(A). The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body.

B.

Electric grid. A system of synchronized power providers and consumers connected by transmission and distribution lines that deliver electricity from regional power plants to local customers.

C.

F.A.A. Federal Aviation Administration.

D.

Primary structure. A structure that is designed and used as a residential dwelling unit, or a nonresidential structure that is regularly occupied to conduct business or commerce.

E.

Structure height. The height of the entire wind energy system, as measured from the bottom of the base to the highest vertical point of the system, including the base and tower and the highest reach of the turbines and/or blades.

F.

Tower. The monopole, freestanding structure that supports a wind energy system. The tower for any wind energy system shall be either of monopole-type construction (with no guy wires for stabilizing support) or of lattice-type construction having either a triangular or rectangular shaped cross-section (with no guy wires for stabilizing support).

G.

Utility company. The company which owns and/or maintains the power lines and/or electrical grid structure to which a property is or may be connected.

H.

Wind energy system (WES). A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine, a tower or attached apparatus, and associated control or conversion electronics, and is intended for on-site production and consumption of electricity to serve the needs of the consumer on site. These systems must not exceed 10 kW per system.

7.503: Special use permit required.

A wind energy system as defined herein shall be subject to the Special Use Permit Procedure as outlined in Section 2.4.

7.504: Primary structure required on lot.

A wind energy system may be erected only:

A.

After a primary structure has been erected on the lot.

B.

On a lot that is in a duly approved plat which has been properly filed for record.

7.505: Location and setback.

A.

The tower shall be set back from any property line at least the distance equal to 1.1 times the structure height.

B.

Wind energy systems shall not be sited on any lot that is less than one acre in area.

C.

No more than one wind turbine may be installed on any lot in conjunction with the installation and operation of a wind energy system.

D.

Under no circumstances will a wind energy system be permitted to operate within a building setback area.

E.

Associated equipment enclosures or other buildings and structures located on the same lot are subject to the otherwise applicable building setback requirements for accessory buildings of the district in which the facility is located.

F.

No portion of a wind energy system shall encroach upon an easement unless authorized to do so in writing by the easement holder.

G.

A lot on which a wind energy system is constructed shall not be subdivided, unless such subdivision maintains the required structure height setback of the wind energy system from any property lines and the lot containing the WES must maintain the minimum area and setback requirements.

7.506: Maximum height.

A.

A wind energy system may not exceed the maximum allowable height for a primary structure of a zoning district in which the WES is proposed to be erected. Height extension requests are not allowed for wind energy systems.

B.

No tower height shall exceed the height recommended by the manufacturer or the distributor of the wind energy system.

C.

Tower height is subject to FAA regulations and restrictions.

D.

The minimum distance from the ground to the lowest reach of the blade or turbine shall be 12 feet.

7.507: Lighting.

Wind energy systems, and towers specifically, must comply with the requirements of the FAA with regard to lighting. When obstruction lighting is required by the FAA, such lighting shall not exceed the requirements of said agency. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited.

7.508: Sound.

WES facilities are subject to the noise levels required in Chapter 11, Article I, of this Code. WES shall not produce a sound that is discernible beyond the lot lines of the lot on which the sound is being received that, when measured, exceeds 60 dB(A).

7.509: Access.

Every effort shall be made to prevent unauthorized climbing of the tower. Towers shall have:

A.

Tower-climbing apparatus located no closer than twelve (12) feet from the ground;

B.

The tower shall be completely enclosed by a locked protective fence at least six (6) feet high. If the fence material is not solid, there shall be no opening in the fence material which would allow a six-inch sphere to pass through.

Where the yard is completely enclosed with an approved fence/barrier, this section shall not apply to the WES area itself. Other restrictions may apply due to adopted building codes.

7.510: Utility notification.

No wind energy system shall be installed until evidence has been provided to the city that the appropriate electric power provider has approved the customer's intent to install a grid-connected, customer-owned wind energy system and that the customer's system meets the utility's approved specifications for interconnection. Wind energy systems which are not interconnected to the utility grid shall be exempt from this requirement.

7.511: Building permit.

A.

A building permit must be obtained prior to the construction or installation of a wind energy system. An application for a building permit must be accompanied by the following:

(1)

The appropriate fee as established in the city's fee schedule;

(2)

A site plan of the proposed wind energy system which clearly shows:

a.

The location of the system;

b.

All components of the system;

c.

Distances to property lines;

d.

Required setbacks;

e.

Existing structures on the site;

f.

Existing easements and authorization documentation, if required; and

g.

Natural features such as watercourses and trees.

(3)

Elevation drawings showing the design and structure height of the proposed wind energy system;

(4)

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the latest adopted version of the National Electrical Code; and

(5)

Standard installation drawings of the structure, including the tower, base, and footings. An engineering analysis of the complete tower structure showing compliance with current laws and certified by a licensed professional engineer registered in the State of Texas shall also be submitted. All WESs shall be designed to withstand loads including, but not limited to, ice and wind, as detailed in the International Building Code.

(6)

Copy of the electric power provider's approval to interconnect to grid.

(7)

Copy of approved special use permit.

B.

For the purposes of necessary inspections and permits and all other applications of the Building Code, a wind energy system shall be considered a structure.

7.512: Maintenance.

A.

A wind energy system shall be maintained at all times, including, but not limited to, painting and maintaining structural integrity.

B.

Wind energy system towers must be kept free of vegetation.

C.

Wind energy systems that have become unstable, apparently lean significantly out of plumb, or pose a danger of collapse, shall immediately cease operating and be removed or brought into repair within thirty (30) days following notification by the city.

D.

If the wind energy system is not made safe or removed within thirty (30) days following notification by the city, the city may remove the wind energy system and place a lien on the property for the costs of the removal. However, the building official may order immediate action to prevent an imminent threat to public safety or property.

E.

Failure of a property owner to make safe or remove a wind energy system as required by Paragraph D., above, within thirty (30) days following notification by the city shall constitute a violation punishable by a fine as provided in the City of Woodway Code of Ordinances, General Provisions Chapter 1, General Penalty, Section 1-7, and each day any violation shall continue shall constitute a separate offense.

7.513: Removal.

A demolition permit must be obtained prior to the demolition or removal of a wind energy system.