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480-UU ATT F Sec 45 SECTION 45 SPECIFIC USE PERMITS (As amended by Ordinance No. 480-QQ & 480-SS) 45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480-D): SPECIFIC USE DISTRICT WHERE PERMITTED 1. Sale of alcoholic beverages. O-2, C-1, C-2, C-3, C-4, HC, S-P-1, S-P-2, PUD, DT** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. c. Children's nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. (As amended by Ord. 480-F.) 3. Public, semi-public and parochial/ private schools, not including correctional institutions or All except B-1, CS, trade schools. HC, I-1 and I-2 4. Colleges, junior colleges, or other similar institutions of higher learning, whether public or All except CS, I-1 and private, when located on a site of at least twenty (20) acres, and provided such facilities have I-2 direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 45-1 5. Public governmental buildings including community health centers and recreation buildings, ALL libraries, museums, postal stations, and administrative offices of federal or state government. 6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and CS, C-1, C-2, DT** supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. 7. Cemetery Uses. CS a. Application. An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minimum requirements: (1) It shall be located on a well drained site, properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather, hard-surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building, residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 912a, Revised Civil Statutes of Texas, as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing, electrical, street, and general codes of the City of Southlake, Texas, or other applicable governmental authority. (6) All use of the surface land or underground, or buildings or structures of any type shall comply with all applicable City, County, State, Federal or other governmental agency requirements as to health, sanitation, ventilation, pollution and associated matters. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 45-2 c. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minimum requirements as to location: (1) It shall conform to distance requirements of 912a-24, Revised Civil Statutes of Texas, as amended, and such minimum distances shall be measured from the nearest city limit point of any city or cities (other than the City of Southlake, Texas) to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. (2) It shall be located not less than five hundred (500) feet from any residence or structure used for living purposes or any well, creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Parking - All parking shall be off-street parking with an all-weather surface located in the rear or side yard next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and/or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing, screening, walls, landscaping, or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 8. Community centers and service clubs dedicated to social or recreational activities serving the AG, RE, SF-1A, SF- City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty (30) 1B, SF-30, SF-20A, feet from all side and rear property lines and forty (40) feet from any street line. The total SF-20B, MH, MF-1 ground floor area of all such buildings and structures shall not cover more than twenty-five and MF-2 (25) percent of the site area devoted to such facilities and activities. 9. Public, semi-public and private golf courses together with related clubhouse, pro-shop and AG, I-2 maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right-of-way line. 10. Golf driving range. AG, C-3, C-4, I-1, I-2 11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving C-3, C4, B-2, I-1, I-2, ranges, batting cages, carnivals, archery ranges and similar uses). DT** 12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector street. AG, RE, SF-1A, SF- 1B, SF-30, SF-20A, SF-20B, MF-1 and MF-2 13. Studios designed for the practice, education or training in art, dance, music, drama, photo, or C-1 interior design. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 45-3 14. The location of day nurseries or similar child care activities, if said activity is clearly designed C-1 to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 15. (Deleted by Ordinance No. 480-Z.) 16. Kennels C-3, C-4, B-2, I-1 17. Veterinary clinics for large animal care, to include such restrictions as the City Council deems I-1, I-2 necessary for protecting adjacent properties from negative environmental impacts. 18. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or when AG, I-2 operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 19. Dude ranches catering to temporary guests housed on the premises. AG 20. Private airfields and aircraft landing area. CS, AG, C-3 21. Airports, aviation field or aircraft landing areas. C-3 22. Helistop. CS, HC, 0-1, 0-2, I-1, I-2, B-2 23. Sales and service of new automobiles, trucks, or motorhomes. C-4, I-1 24. Sales and service of used automobiles, trucks, or motorhomes. I-1 25. Temporary concrete batching or transient mix plant exceeding 90-day approval plus one ALL 30-day extension. (As amended by Ord. No. 480-J) PLOT PLAN REQUIRED 26. Petroleum Operations. The City Council may grant this use as a specific use permit, I-2 subject to compliance with the following provisions: SITE PLAN REQUIRED a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On-site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off-loading of truck facilities in a non-retail setting. (4) Petroleum blending operations. (5) Any or all other petroleum related uses which in the opinion of the City Council appear to be in character with the permitted uses for this district. 45-4 c. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is submitted to, and approved by, the City Council. (As amended by Ordinance No.480-M.) 27. (Deleted by Ordinance No. 480-LL.) CS, C-1, C-2, C-3, C- 4, B-1, B-2, I-1, I-2, S-P-1, S-P-2, HC, PUD 28. The City Council may authorize a waiver of the solid wall screen requirement for outdoor I-1, I-2 storage, only when such outdoor storage abuts a lot or tract zoned AG, and only when there is no residence on such lot or tract within five hundred (500) feet of the storage area. The City Council has no authority to waive Section 38 Screening Requirements where the outdoor storage abuts properly zoned residential. The applicant requesting a waiver of screening requirements must submit a map to the City Council showing that the outside storage area is so situated that it will not be an eyesore, and is sufficiently distanced from any residences. 29. (Deleted by Ordinance No. 480-HH.) 30. (Deleted by Ordinance No. 480-J.) 31. The City Council may authorize the establishment of retail operations in an amount exceeding 0-1, 0-2, I-1 fifteen (15) percent of the net square footage of any one office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 32. Residential Lofts and Live/Work units: The City Council may permit the construction of C-3, DT** residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft-type apartments or condominium living units on the floor or floors above office and retail-type activities situated on a ground floor. 33. A residential unit(s) for the exclusive use of an employee or employees of the principal use, B-2, I-1 placed upon the site when such employee(s) will be fulfilling the duties of night watchman or caretaker for the site. In approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. 34. (Deleted by Ordinance No. 480-U.) 35. (Deleted by Ordinance No. 480-U.) ** Shall apply only to non- residential uses and mixed use buildings in the DT District 45-5 36. Recreational campsite or campground (As amended by Ord. 480-I.) AG 37. Full Service Car Washes, subject to the following conditions: (As amended by Ord.480-R) C -3 a. Sanitary sewer service must be available to the site; SITE PLAN REQUIRED b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred (200) square feet of total floor area of all buildings with two-thirds (2/3) of the minimum spaces being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty-five (45) degrees off parallel to the adjoining thoroughfare. 38. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), subject ALL to the requirements set forth in Section 45.8 of this ordinance. (As amended by Ordinance No. 480-W.) 39. Personal care facilities, are encouraged to be located within walking distance of shopping ALL, except AG, RE, areas, medical offices, civic centers, public parks, religious facilities, and other related facilities SF-1A, SF-1B, SF-30, or may be located in transitional areas adjacent to low and medium density residential SF-20A., SF-20B developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No. 480-Y.) 40. Gasoline service station when operated with or without convenience store, car wash, and other C-3 related ancillary uses, subject to the requirements set forth in Section 45.10 of this ordinance. (As amended by Ordinance No. 480-Z.) 41. Carports for non-residential property, subject to the requirements set forth in Section 45.12 of CS, O-1, B-1, B-2, I- this ordinance. (As amended by Ordinance No. 480-II.) 1, I-2, and S-P-1, S-P- 2 and PUD districts with CS, O-1, B-1, B- 2, I-1, and I-2 uses. SITE PLAN REQUIRED 42. Multi-level parking garages for non-residential property, subject to the requirements set forth in CS, O-1, O-2, C-1, C- Section 45.12 of this ordinance. (As amended by Ordinance No. 480-II.) 2, C-3, C-4, HC, B-1, B-2, I-1, I-2,S-P-1, S- P-2, DT** and PUD SITE PLAN REQUIRED 43.Single-family (attached and detached) residential DT 44.Outdoor temporary removable displays and sales at fairs, festivals, and other special events DT** 45.Funeral Homes and Services DT** 46. Farmer’s markets DT** 45-6 45.2 CONCEPT PLAN - Unless otherwise provided in Subsection 45.1 above, an approved concept plan shall be a prerequisite to the approval of a specific use permit. Information required to be submitted, approval of the concept plan, and any administrative action shall be in accordance with Section 41 of this ordinance to the extent such requirements are applicable. (As amended by Ordinance No. 480- D.) 45.3 HEARING AND PROCEDURE - A specific use permit may only be granted following a public hearing before the Planning and Zoning Commission and the City Council in accordance with the same notice and hearing requirements as for zoning changes as set forth in Section 46 of this ordinance. 45.4 GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. b. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general 45-7 welfare. 45.6 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES a. For any business which derives more than seventy-five (75) percent of its gross revenues from the on-premises sale of alcoholic beverages, the City Council may require more stringent standards as it deems necessary to adequately protect adjacent properties. b. No alcoholic beverage use shall be located within three hundred (300) feet of a church, public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code. 45.7 SPECIFIC REQUIREMENTS FOR PORTABLE BUILDINGS (This entire section was deleted in Ordinance No. 480-J.) 45.8 SPECIFIC REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS (This entire section was added by Ordinance No. 480-W.) a. Objectives The purpose of this section is to establish general guidelines for the location of telecommunications towers and antennas. The City of Southlake recognizes today’s rapidly changing technological environment and realizes the public’s increasing acceptance of and demand for superior personal wireless communication services and with the adoption of this ordinance, the city’s objectives are to: 1) encourage the location of towers in non-residential areas and minimize the total number, height, and obtrusiveness of towers and antennas throughout the community; 2) encourage strongly the joint use of new and existing tower sites through co-location; 3) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal (e.g., pre-existing buildings or structures such as water towers, church steeples, bell towers, clock towers, and lighting stanchions or on municipal-owned properties and facilities) to camouflage or conceal the presence of antennas or towers; 4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. b. Information Required on Concept Plan Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this ordinance, a scaled elevation view, a propagation map, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all proposed improvements, including information concerning topography, proposed tower height, setbacks, drives, parking, fencing, landscaping, 45-8 screening, adjacent uses, and other information deemed by the city to be necessary to assess compliance with this ordinance. c. Ordinance Exemption Antennas mounted on existing city water towers shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna has been approved by the City Council. All other antennas or towers, located on property owned, leased, or otherwise controlled by the City Council of the City of Southlake shall be subject to the requirements herein. d. Development Standards Certain regulations may be set aside if the requirement effectively denies competition. 1) Inventory of Existing Sites Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the jurisdiction of the city or within one-quarter mile of the border, including specific information about the location, height, and design of each tower. The city may share such information with other applicants applying for approvals under this ordinance or with other organizations seeking to locate antennas within the city jurisdiction, provided; however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. 2) Co-location and Availability of Suitable Existing Towers and Other Structures a) No new tower shall be permitted unless the applicant demonstrates to the city that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following: i) No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements. ii) Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements. iii) Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment. iv) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna. v) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. vi) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 45-9 b) A telecommunication tower must be 1) used by two or more wireless telecommunications providers; or 2) designed and built so as to be capable of use by two or more wireless telecommunications providers and the owner of the antenna must certify to the that the tower is available for use by another wireless telecommunications provider on a reasonable and non-discriminatory basis. 3) Aesthetics and Lighting a) All towers shall be of monopole construction, unless another tower can be shown to cause less visual impact on surrounding property than a similar monopole structure. b) Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. c) Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent properties. d) All exterior wires and/or cables necessary for operation of the antenna shall be placed underground, whenever practicable, except for wires or cables attached flush with the surface of a building or the structure of the antenna. e) No permanent lighting is allowed on towers except as required by the FCC or the FAA (i.e., red lights by night/white strobe lighting during the day). f) Any temporary lighting shall be oriented inward so as not to project onto surrounding residential property. 4) Federal Requirements (FAA, FCC, ANSI) a) All towers shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal or state government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense. b) Applicants shall provide the city with certification of compliance with ANSI and IEEE Standards regarding human exposure to non-ionizing electromagnetic radiation (“NIER”). c) For a site being proposed in a floodplain, the applicant shall provide the city with certification from the FCC of Environmental Assessment (“EA”) approval. d) For antennas, towers and/or supporting structures which are to be located in residential neighborhoods and that are to be equipped with high intensity white lights, the applicant shall provide the city with certification from the FCC of EA approval. 5) Building Codes; Safety Standards a) After receiving the appropriate zoning approval, no tower, antenna, or other appurtenance shall be installed without first obtaining a building permit issued by the 45-10 Building Official. b) To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is constructed and maintained in compliance with standards contained in applicable local building codes (“Uniform Building Codes, UBC”) and applicable standards for towers, published by the Electronics Industries Association Standard 222, (“EIA-222") “Structural Standards for Steel Antenna towers and Antenna Support Structures.” c) A tower inspection report (based upon applicable UBC and EIA-222 standards) shall be prepared by an engineer licensed in the state of Texas and filed with the Building Official in accordance to the following schedule: a) monopoles--at least once every ten (10) years; b) lattice towers--at least once every (5) years; and c) guyed towers--at least once every three (3) years. However, the Building Official may require an immediate inspection should an issue of safety be raised. d) If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards, unless the applicant can demonstrate a hardship and thus establish the need for additional time. If the owner fails to bring such tower into compliance within said thirty (30) days, the city shall remove such tower at the owner’s expense. 6) Height The requirements set forth below shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the underlying zoning district in which the tower and/or antenna is proposed. a) Mounted Antennas i) Roof-mounted, non-whip type, telecommunications antennas shall not exceed the height of the building by more than twelve (12) feet and may be required to be screened from view from any adjacent public roadway. ii) Roof-mounted, whip-type, telecommunications antennas shall not exceed the height of the building by more than fifteen (15) feet and shall be located no closer than 15 feet to the perimeter of the building. iii) Building-mounted, non-whip type, telecommunications antennas shall be mounted flush with the exterior of the building so that the antennas project no more than twenty-four (24) inches from the surface of the building to which it is attached, that a minimum clearance distance of fifteen (15) feet is maintained from the ground to the lowest element of the antenna and that the antenna shall be of a texture and color so as to blend with the surrounding surface of the building. iv) Utility structure-mounted antennas shall not exceed more than twelve (12) feet the maximum height of the utility structure. These utility structures shall include: electric power transmission structures, light stanchions, and other like structures. b) Freestanding Towers i) For freestanding towers, structurally designed to accommodate shared users, the following height and usage criteria shall apply: 45-11  for two users, up to one-hundred-twenty (120) feet in height;  for three users, up to one-hundred-fifty (150) feet in height. ii) Monopole Installation The maximum diameter of a monopole tower at the base shall not exceed forty-eight (48") inches. No microwave dish or similar device shall be mounted on the pole portion of a monopole telecommunications tower. The platform portion of a monopole telecommunications tower shall not have a horizontal cross section area greater than 196 square feet. The depth of the platform shall not exceed 4 feet, excluding any whip antenna. Only antennas that are part of a telecommunications system authorized by the FCC shall be permitted on a platform. 7) Setbacks a) Towers shall be a minimum of 200' or 2:1 distance to height ratio, whichever is greater, from the property line of properties used for residential purposes. b) Mounted antennas attached to existing structures (e.g., bell towers, church steeples, stadium lighting, electrical transmission towers, clock towers, and similar structures) are exempt from the minimum residential setback and distance/height ratio regulations. c) Towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers. d) All guys and guy anchors shall be set back a minimum of 20 feet from any property line. e) No tower shall be located in front of the building facade facing any street, or be located within any required setback. 8) Landscaping and Screening The following requirements shall govern the landscaping surrounding towers; however, in locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced. a) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. Mitigation of any tree removal shall be in accordance to the Tree Preservation Ordinance, as amended. b) Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Any fence constructed in accordance with this section shall provide a knox box or other entry device for public safety access per the requirements of the Fire Marshal. c) Where abutting residentially used land, residentially zoned property, public land or public streets, or land designated as low or medium density residential on the city’s Land Use Plan, the applicant shall provide a screening plan showing the existing tree coverage of the impacted area and the placement of plantings as required in a “F2” bufferyard (as a minimum) as described in Section 42 of this ordinance. 45-12 9) Principal or Accessory Use a) Antennas and towers may be considered either principal or accessory uses. A different existing user or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Towers that are constructed and antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. b) Equipment structures shall be of minimum size to house transmitting/receiving equipment and shall not be utilized for offices, vehicle storage, or for any other use other than for transmitting and receiving transmissions. No outside storage shall be permitted on the site. c) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, and textures that will comply with the materials permitted by the underlying zoning district and shall blend with the natural setting and any existing structures on the site, or the equipment building shall be contained entirely within a main building on the property, or the equipment building shall be housed in an underground vault. d) The necessary equipment building shall not exceed 10 feet in height (measured from grade) nor 180 square feet in total area. e) No more than three (3) separate equipment buildings shall be located on a single lot. 10) Maintenance and Parking a) Equipment shall be automated to the greatest extent possible to reduce traffic and congestion. b) Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and access roads. c) All structures shall be maintained free from graffiti. d) One (1) all weather surface parking space shall be provided on each site. The required parking space need not be reserved exclusively for use by the antenna installation and may be one of the spaces provided for the principal use on the property. No off-street loading space shall be required. 11) Other Conditions of Approval a) Documentation of FAA approval shall be provided when towers are near public airports or flight paths. b) The applicant shall provide the city with a certificate of insurance, issued by an insurance company licensed to do business in the state of Texas indicating that the applicant carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. The applicant shall provide the city with a renewal certificate within then (10) business days of each renewal. Any insurance required to be provided by the applicant herein may be provided by a blanket insurance policy covering this property and other locations 45-13 occupied by the applicant, provided such blanket insurance policy complies with all of the other requirements as to the type and amount of insurance required. The applicant may also fulfill the requirements under this section through a program of self-insurance, subject to approval by the city, which approval shall not be unreasonably withheld. If the applicant elects to self-insure, then the applicant shall furnish the city with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of the applicant herein. The applicant agrees to furnish the city with certificate of insurance certifying that the applicant has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days’ prior written notice is just given to the city. c) Each backhaul provider shall be identified and have all necessary franchises, permits, and certificates. The identity of other providers who co-locate to the site and their backhaul providers shall be provided as well. d) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on, or affixed to, any part of a telecommunications tower, platform, antenna or ancillary structure. e) All construction shall comply with all ordinances of the city not in conflict with this section. f) In addition to the usual application fees for rezoning or specific use permit requests, the applicant shall reimburse the city the actual cost of professional services, provided by an engineer or other professional, that may be required to review the application and provide expertise. g) If high voltage is necessary, signs shall be posted every 20' on any exterior fencing which state, “Danger--High Voltage.” The operator shall also post “No Trespassing” signs. 12) Abandonment a) The owner of a tower and/or related telecommunications facilities shall notify the Building Official when the tower or other structures have ceased operating as part of a telecommunications system authorized by the FCC. Within six (6) months of the date the tower ceases to operate as part of an authorized telecommunications system, the tower must either be removed from the site, or a certificate of occupancy must be obtained to allow another permitted use of the tower. If within six (6) months, the owner fails to remove the tower or obtain proper authorization for the use of the tower, the Building Official shall revoke the certificate of occupancy for the tower and notify the city attorney to pursue enforcement remedies. b) Tower owner(s) shall bear all demolition costs. 13) Interference Any signal interference complaints associated with telecommunications towers or related equipment shall be addressed in accordance with FCC rules and procedures. 14) Variances - At the time of review of any required Concept Plan, the City Council may grant 45-14 variances to the development standards set forth in this Section. a) To receive a variance, the applicant must demonstrate the following: i) A variance will reduce the impact of the project on surrounding residential properties; ii) Compliance with this ordinance would impair the architectural design or creativity of the project; or iii) A variance is necessary to assure compatibility with surrounding developed properties. b) In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. c) If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. 45.9 SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES (This entire section was added by Ordinance No. 480-Y.) a. General Criteria 1) Approval of personal care facilities shall be based upon an analysis of the location, the site layout and design features, the adequacy of water, sewer, and other public improvements necessary to support the site, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the construction with adjacent land uses. 2) Personal care facilities shall meet all applicable city codes. 3) Personal care facilities shall meet the licensing requirements of the Texas Department of Human Services. b. Required Amenities In an effort to maintain a comfortable lifestyle for the residents and for the convenience of the employees and the residents’ guests, the following amenities shall be required: Cafeteria and/or dining room, housekeeping service; furnish or provide transportation to local facilities that provide a library, game room, and exercise room. c. Permitted Amenities 45-15 In an effort to enhance the residents’ quality of life, certain other special facilities and services for residents, employees and guests are encouraged (e.g, chapel, swimming pool, Jacuzzi, home theater, arts and crafts facilities, greenhouse, and related uses). d. Permitted Ancillary Uses The following ancillary uses shall be permitted by right to provide on-site goods and services for residents and their guests, but are not intended for use by the general public: 1) Snack bar; 2) Beauty or barber shop for resident use only; 3) Convenience retail shop to provide for the sale of food items, non-prescription drugs, small household items, and gifts; 4) Pharmacy for resident use only; 5) Medical treatment services for resident use only (e.g., medical clinic, physical therapy services inhalation therapy, and other related uses). e. Concept Plan and Site Plan Required Any applicant seeking approval for a personal care facility shall submit a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of this ordinance, as amended. A Site Plan shall be approved by the City Council prior to issuance of a building permit. All Concept Plans and Site Plans may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance, as amended. In addition to the requirements set forth above, the applicant shall also provide: 1) A letter describing the facility’s services, amenities, and ancillary uses (e.g., level of daily patient care, housekeeping, recreational, and support services available, and the percentage of housing units by type and the site’s gross density), the type of proposed building(s), including the type of facade and the number of stories, and the proposed number of occupants and service personnel; 2) A floor plan and list of intended uses and the percentage of total floor area that each use will occupy. f. Development Regulations The following standards and regulations shall apply unless a more stringent standard is required by the underlying zoning district or the Corridor Overlay Zone (in which case, the more stringent regulation shall apply): 1) Height: When located within one hundred (100) feet of property zoned as single family residential or designated as low or medium density residential on the city’s land use plan: No building or structure shall exceed one (1) story, nor shall it exceed thirty-five (35) feet in height. When located more than 100' from property zoned as single family residential 45-16 or designated as low or medium density residential on the city’s land use plan: Buildings and structures shall be governed by the height regulations of the underlying zoning district. 2) Front Yard: There shall be a minimum front yard setback of not less than thirty (30) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city’s land use plan, there shall be a minimum front yard setback of not less than forty (40) feet. 3) Side Yard: There shall be a minimum side yard setback of not less than thirty (30) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city’s land use plan, there shall be a minimum side yard setback of not less than one hundred (100) feet. 4) Rear Yard: There shall be a minimum rear yard setback of not less than forty (40) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city’s land use plan, there shall be a minimum rear yard setback of not less than one hundred (100) feet. 5) Maximum All buildings or structures shall have a maximum lot coverage not exceeding Lot the lesser of the following: underlying zoning district regulation or fifty (50) Coverage: percent of the lot area. 6) Lot Area: The minimum lot area shall be determined after an analysis of the location, the site design, and the impact and compatibility with adjacent land uses. 7) Floor Area: Each housing unit shall have a minimum floor area based on the unit type:  350 s.f. for efficiency unit  450 s.f. for one-bedroom unit  550 s.f. for two-bedroom unit 8) Maximum The maximum number of housing units per acre shall be twelve (12) provided Density: at least twenty (20) percent of the lot area is devoted to open space. 9) Maximum The maximum impervious coverage shall be in accordance with the underlying Impervious zoning district requirements. (As amended by Ordinance No. 480-BB.) Coverage: 10) Bufferyards: Bufferyards shall be required in accordance with the underlying zoning district and corridor overlay zone bufferyard requirements, if applicable. 11) Interior Interior landscaping shall be required in accordance with the current 45-17 Landscaping landscaping ordinance and corridor overlay zone requirements, if applicable. Area: 12) Parking: Ten (10) spaces plus 1.5 spaces per each 3 beds. g. Licensing Every Personal Care Facility shall be licensed by the Texas Department of Human Services as required by the Personal Care Facility Licensing Act, Section 247.021, Tex. Health and Safety Code, V.T.C.A. 45.10 SPECIFIC REQUIREMENTS FOR GASOLINE SERVICE STATIONS WHEN OPERATED WITH OR WITHOUT CONVENIENCE STORES, CAR WASHES, AND OTHER RELATED ANCILLARY USES (This entire section was added by Ordinance No. 480-Z.) In addition to the Corridor Overlay Zone regulations and the underlying zoning district regulations, gasoline service stations/filling stations (with or without a convenience store, car wash and other related ancillary uses) shall meet the following requirements prior to issuance of a building permit: (In the event that there are conflicting requirements, the more stringent regulations shall apply.) General Criteria  All gasoline service stations on the F.M. 1709 corridor shall be located at signalized arterial intersections as defined in the city’s Master Thoroughfare Plan. This requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading.  All gasoline service stations on the S.H. 114 and F.M. 1938 corridors may be located at either intersections or mid-block. Development Regulations Residential Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property Adjacency: zoned as single-family residential or designated as low or medium density residential on the city’s land use plan, shall maintain a minimum setback of at least one hundred twenty-five (125’) feet. The hours of any carwash operation may be limited when located adjacent to residentially-zoned property. No dumpster shall be placed within 50’ of residentially zoned property or designated as low or medium density residential on the city’s land use plan. Lot Area: The minimum area of a lot shall be forty thousand (40,000) square feet, but the Planning and Zoning Commission may recommend and the City Council may require additional lot area to ensure proper internal traffic circulation and appropriate stacking on site. 45-18 Building Gabled or Hipped Roof: All service station convenience stores, pump canopies and Design: car washes shall be constructed with a gabled or hipped roof with a minimum pitch of 4:12. Articulation: Service station convenience stores shall meet the articulation requirements of the Corridor Overlay Zone. Pump canopies and freestanding car washes shall be exempted from the articulation requirement. Building Materials: All exterior facades of the convenience store, canopy columns, and car wash shall be constructed of the same material. Floor Area: The minimum floor area of a convenience store shall be 2,000 square feet with each lease space within the convenience store building being a minimum of 500 square feet. Each freestanding car wash or other ancillary building shall have a minimum floor area of 500 square feet. Site Design: Lighting: A system to light the area of the gas pumps shall be provided. Such lighting shall be designated to light the pump area adequately without becoming an unnecessary nuisance to traffic or to owners of nearby property. Outside Display of Goods: Outside display of goods shall be prohibited. Landscaping: Where parking is provided between the building setback line and any public R.O.W., shrubs obtaining a mature height of three feet (3’) or greater must be planted at a minimum spacing of thirty inches (30”) on center continuous along all paved edges of the parking or driving areas. 45.11 SPECIFIC REQUIREMENTS FOR CARPORTS AND MULTI-LEVEL PARKING GARAGES FOR NON-RESIDENTIAL PROPERTY In addition to the underlying zoning district regulations and any other applicable regulations, multi- level parking garages and carports (collectively referred to as parking structures) shall meet the requirements set forth herein prior to issuance of a building permit. In the event that there are conflicting requirements, the more stringent regulations shall apply. (This entire section was added by Ordinance No. 480-II.) General Criteria 1) No parking structure shall be located closer to the front building line than the principal structure on the property. 2) No parking structure shall encroach into a designated bufferyard. 45-19 3) Parking structures shall comply with any required setback for the principal buildings in the underlying zoning district and the 4:1 slope line where applicable. 4) The footprint of parking structures shall be included when calculating maximum lot coverage and maximum impervious coverage for any lot. 5) The footprint of parking structures shall be included when calculating the amount of landscape area required on the interior of a lot, according to the provisions of the landscape ordinance, as amended. 6) A motor vehicle may be parked in a parking structure for no more than seventy-two (72) consecutive hours. Development Regulations for Non-Residential Carports 1) Height: Attached Carports: Carports attached to the principal structure shall not exceed twenty (20) feet in height. The height of an attached carport shall be measured from the finished grade to the highest point of the roof of the carport. Detached Carports: No detached carport shall exceed one story or fourteen (14) feet in height. The height of a detached carport shall be measured from the finished grade to the highest point of the roof. 2) Structure Design: Roof: The roof of a detached carport shall be pitched and constructed with the same materials as the roof of the principal building. The roof of an attached carport shall be constructed in the same roof style and with the same materials as the roof of the principal building. Maximum Number of Spaces and Size: The maximum number of spaces that may be covered by a carport shall not exceed six (6) spaces. However, where a carport is not visible from a public right-of-way or from single-family residential property, as defined by Section 43 of this ordinance, the Planning and Zoning Commission may recommend and the City Council may approve an increase in the number of spaces allowed in a carport. The minimum size of each space shall be 9’ by 20’. Maximum Number of Structures: There shall be no more than one (1) carport, attached or detached, per lot. Building Materials: All exterior façades and any exposed structural support columns of a carport shall be constructed with the same or similar materials as the principal building. However, such building materials shall exclude the use of cement, concrete 45-20 tilt wall and other masonry materials of similar characteristics. Articulation: Any exterior façade shall comply with Section 43.13.d. Paving: No carport shall be erected over any parking space not constructed of an all- weather surface. Development Regulations for Non-Residential Multi-Level Parking Garages 1) Height: In all districts, multi-level parking garages shall conform to height restrictions for the underlying zoning districts. Height shall be measured from grade. 2) Structure Design: Building Materials: Any wall, exposed structural support column or other architectural feature of a parking garage shall comply with Section 43.13 (a) and shall be constructed of the same or similar masonry material as the principal building. Articulation: Any exterior façade shall comply with Section 43.13.d. Compact Parking Spaces: If permitted, no compact parking space shall be less than eight and one-half (8 ½) feet in width by eighteen (18) feet in length. Vehicular Ingress and Egress Points: The distance from parking garage vehicular ingress and egress points to a corner of a street intersection shall conform to the driveway ordinance, as amended. Ingress: The required minimum stacking depth shall conform to the driveway ordinance, as amended. If there are ingress control gates, the stacking distance shall be measured from the edge of the right-of-way to the ingress control gate. The required stacking distance may be met by providing a right turn lane (of adequate length as determined by the City Engineer) leading to the entrance of the parking garage. Egress: A minimum of twenty (20) feet shall be provided between an egress control gate and either the inside edge of a sidewalk or the inside of the right-of-way to minimize conflicts between exiting vehicles and pedestrians. 3) Commercial Uses: Multi-level parking garages may contain commercial uses which are reasonably related to the principal uses located on the lot with the parking garage. No additional parking shall be required for such commercial uses. 45-21 45-22