Item 7B and 7C Section 45SECTION 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 ofalcoholic beverages.
0-2, G1, 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 education.
ALL
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 ofnoise, 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 ofthe 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.
a Children's nurseries, child day care centers, and kindergartens may be approved as a part ofthe
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 trade
All except B -1, CS,
schools.
HC, I -1 and I -2
4. Colleges, junior colleges, or other similar institutions ofhigher learning, whether public or private,
All except CS, I -1 and
when located on a site of at least twenty (20) acres, and provided such facilities have direct access
I -2
to a major thoroughfare street or highway and further provided that buildings and intensive use
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* * Shall apply onlyto non- residential uses and mixed use buildings in the DT District Formatted: Font: 10 pt, Italic
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outdoor facilities are setback a minimum of one hundred (100) feet from all property lines.
5. Public governmental buildings including community health centers and recreation buildings,
ALL
libraries, museums, postal stations, and administrative offices offederal or state government.
6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and
CS, G1, 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 ofapplicant.
(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
immediatelyby a sewage collection system connected to a communitytreatment plant orto
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.
Ifthe permitted use is not to be served immediately by awater 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 conformityto
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 cemeterymust 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
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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 of912a -24, Revised Civil Statutes ofTexas, as
amended, and such minimum distances shall be measured from the nearest city limitpoint
of any city or cities (other than the City of Southlake, Texas) to the boundary of said
cemetery land nearest to the city limit ofthe 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. Pa rkin -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 servingthe City
AG, RE, SF- L!, SF-
or neighborhood thereof. Such buildings and facilities shall beset back at least thirty (30) feet
113, SF -30, SF -20A,
from all side and rear property lines and forty (40) feet from any street line. The total ground floor
SF -2013, MH, ME-1
area of all such buildings and structures shall not cover more than twenty -five (25) percent ofthe
and MF -2
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. Golfdriving range.
AG, C -3, C-4,1-1,1-2
11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving ranges,
C -3, C4, B-2,1-1,1-2,
batting cages, carnivals, archery ranges and similar uses).
DT* *
12. Athletic stadiums, public or private, when located adjacent to athoroughfare or collector street.
AG, RE, SF -lA, SF-
1B, SF -30, SF -20X
SF -2013, MF -1 and
MF -2
13. Studios designed for the practice, education or training in art, dance, music, drama, photo, or
C -1
* * Shall apply only to non- residential uses and mixed use buildings in the DT District
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interior design.
14. The location of day nurseries or similar child care activities, if said activity is clearly designed to
C -1
support neighborhood requirements in the residential areas lying in close proximityto the specific
use site.
15 (Deleted b Ordinance No non Z
'Tl Kennels
C -3, C -4, B -2, I -1 _
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# Veterinary clinics for large animal care, to include such restrictions as the City Council deems
1-1,1-2 _
necessary for protecting adjacent properties from negative environmental impacts.
4 . .7_ 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.
18 . Dude ranches catering to temporary guests housed on the premises. - - - - - - - - - - - - - - -
- ------- - - - - -- - - - - --
AG _
------- - - - - --
16 .1 9 Private
. --- ir ---- daircra landing ____________________________
---------- ---- - - - - --
CS, ---- _
CS, AG, - - - - --
2+,20. Airports, aviation field or aircraft landing areas- - - - - - - - - - - - - - - - - - - - - - - - - -
C -3 _
X 21. Helistop.
- - - -- ---------------------
CS, HC, 0 -1, 0 -2, I -1, _
------ - - - - --
I -2, B -2
r 22. Sales and service ofnew automobiles trucks or motorhomes. - - - - - - - - - - - - - - - - - -
C -4, I -1 _
23. Sales and service ofused automobiles, trucks, or motorhomes. --
'— ---------------------------------
I -1 _
24,24_ 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
k 2�_ 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 onlyto 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 ofpetroleumproducts.
(2) Pipe line transfer or servicing operations relating to the delivery of petroleum based
products.
(3) Petroleum distribution points ofa wholesale nature designed to allow the loading or off-
loading oftruck facilities in a non - retail setting.
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(4) Petroleum blending operations.
(5) Any or all other petroleum related uses which in the opinion ofthe City Council appear to
be in character with the permitted uses for this district
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.)
2-7. (Deleted by Ordi afflee NR n on T r )
CS C l C 2 C 3 C
n l B2 1
, n
on l one un
PUD
1- 1,1 2
a 14 Rr 4a-et Fened Ac� thefe is
Only when Stieh autdoof Stefage ablAB and Only when fie
IPA 44ieCit�Ceunei
29 (Deleted b Ordinance No 480 HH
3t, The City Council may authorize the establishment ofretail operations in an amount exceeding
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 ofuse and cost economies. An example ofthis
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.
0 -1, 0 -2, I -1- - - - __ _
4 n Residential Lofts and Live/Work units: The City Council may permit the construction of -
residential units ifthey are constructed as a portion of amixed 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.
C -3, DT **
* *Shall apply only to non- residential uses and mixed use buildings in the DT District.
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4 ,;8 A residential units) for the exclusive use of an employee or employees ofthe principal use,
placed upon the site when such employee(s) will be fulfilling the duties of night watchman or
$ 2 ' F r _ _ _ _ _ _ _
caretaker for the site. In approving the construction ofa residential unit under this provision, the
City Council may establish such terms and conditions as it deems necessaryto protect the interest
ofthe community at large, the business applicant and the future occupant ofthe residential
structure.
34-(Deleted by Ofdinaaee No. 4 90 U.)
35- (Deleted by Ofdinaaee No. 4 90 U.)
Recreational campsite or campground (As amended by Ord. 480 -I.) - - - - - - - - - - - - - -
AG _
4 .34.0. Full Service Car Washes, subject to the following conditions: (As amended by Ord.480 -RR)
C -3 . -
a. Sanitary sewer service must be available to the site;
SITE PLAN
REQUIRED
b. The site must be located on amajor 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) ofthe 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.
4321. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), subject
ALL _
-
to the requirements set forth in Section 45.8 ofthis ordinance. (As amended by Ordinance No.
------- - - - - --
480 -W.)
3 332. - 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 or
SF -lA, SF -113, SF -30,
maybe located in transitional areas adjacentto low and medium density residential developments
SF -20A., SF -20B
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.)
343. Gasoline service station when operated with or without convenience store, carwash, and other
C -3
related ancillary uses, subjectto the requirements set forth in Section 45.10 ofthis ordinance. (As
amended by Ordinance No. 480 -Z.)
4,34 Carports for non - residential property, subject to the requirements set forth in Section 45.1 ,t2
CS, O -1, B -1, B -2, I -1 _
ofthis ordinance. (As amended by Ordinance No. 480 -IL)
I -2, and S -P -1, S -P -2
and PUD districts with
CS, 0-1, B -1, B -2, I -1,
and I -2 uses.
SITE PLAN
REQUIRED
.�65. Multi -level parking garages for non - residential property, subject to the requirements setforth
CS, 0- 0-2, C -1 C7 _
in Section 4% of this ordinance. _(As amended by Ordinance 480-1 - - - - - - - - - - -
2, C -4, HC, B -1, _
-- - - - - --
B-2,1-1,1-2,S-P-1, S-
P-2, DT* * and PUD
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,3Single- family (attached and detached) residential - - - - - - - - - - - - - - - - - - - - - - - -
DT _
� .7. Mass Gathering Event when not permitted as an accessory use in accordance with Section
ALL
-
34, subject to the requirements set forth in Section 45.15 ofthis ordinance.
.\
38. Funeral Homes and Services ._____ _______________________________
DT **
39. Farmer's markets.
DT* *
CS Cl C2, C3 C4 I-
40. Outdoor sales or services, to the requirements set forth in Section 45.12 ofthis - - - - -
4
1, B -1, B -2, HC_�
CS, Cl, C2, C3, C4, I
. .41. Donation bins, subject to the requirements of Section 45.13._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1, B -1, B -2, HC,
DT* *
.42.
Tents for the purpose of promoting retail sales for a period not exceeding twenty -three (23) days_
CSI I I C -2 C -3, C- _
T
nts shall be constructed in accordance with the provisions ofthe Uniform Fire Code, Article 32, as
4, B -1, B-2,1-1.1-2, S
at
fended. A permit may be issued for a tent only as an accessory use. The activity shall also meet the
P -1, S -P -2, NR -PUD,
dt
velopment regulations of the zoning district in which it is located. No more than two specific use
DT*
p
rmitsfortentsforalotmaybeissuedinanyoneyearperiod, withasixty (60)dayseparationbetween
e
ents. The location ofthe tent shall not reduce the minimum parking requirements or effectiveness of
1
dscaped areas within the site.
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held in et*deetm3a�
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* * Shall apply only to non- residential uses and mixed use buildings in the DT District. `
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
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45.4 GENERAL REQUIREMENTS j Formatted: Justified
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118"104 45 -7
a. Any use permitted hereunder shall meet the minim 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_
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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.
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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 minim 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 minim (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 minim izes 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, Formatted: Justified
showing the location and dimensions of all proposed improvements, including information , Formatted Font: 10 pt, Italic
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concerning topography, proposed tower height, setbacks, drives, parking, fencing, landscaping,
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 Site
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 withthe
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.
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v) The fees, costs, or contractual provisions required by the owner in order to share an
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existing tower or structure or to adapt an existing tower or structure for sharing are
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unreasonable. Costs exceeding new tower development are presumed to be
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vi) The applicant demonstrates that there are other limiting factors that render existing-
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towers and structures unsuitable.
h)_ 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 City 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)
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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. Formatted: 3ustitied
d) For antennas, towers and/or supporting structures which are to be located in , Formatted: Font: to pt, Italic
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45 -11
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
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 minim Formatted: lustified
clearance distance of fifteen (15) feet is maintained from the ground to the lowest Formatted: Foot: io pt, Italic
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45 -12
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:
for two users, up to one - hundred - twenty (120) feet in height,
for three users, up to one - hundred -fifty (150) feet in height.
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 minim 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 minim 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 minim 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 minim 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 Formatted: Justified
tree removal shall be in accordance to the Tree Preservation Ordinance, as amended. Formatted: Foot: ro pt, Italic
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45 -13
b) Tower facilities (e.g., tower /antennas and any necessary equipment building) shallbe
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 "172" bufferyard (as a
minim as described in Section 42 of this ordinance.
9) Principal or Accessory
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 shallnot be
deemed to constitute the expansion of a nonconforming use or structure.
b) Equipment structures shall be of minim 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 Formatted: Justified
installation and may be one of the spaces provided for the principal use on the property. , Formatted: Font: 10 pt, Italic
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45 -14
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 eachrenewal
Any insurance required to be provided by the applicant herein may be provided by a
blanket insurance policy covering this property and other locations 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.
I) 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 J Formatted: Justified
a) The owner of a tower and /or related telecommunications facilities shall notify the , Formatted: Foot: io pt, Italic
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45 -15
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.
Variances -
At the time of review of any required Concept Plan, the City Council may grant
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.)
Formatted: Justified
a. General Criteria i Formatted: Font: 10 pt, Italic
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45 -16
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
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
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 Formatted: Justified
requirements of Section 40 of this ordinance, as amended. A Site Plan shall be approved Formatted Foot :10 pt, Italic
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45 -17
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 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 minim 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 minim 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 minim side yard Formatted: Justified
setback of not less than one hundred (100) feet. Formatted: Font: 10 pt, Italic
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45 -18
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 minim rear yard
setback of not less than one hundred (100) feet.
5) Maximum Lot Coverage: All buildings or structures
shall have a maximum lot coverage not exceeding
Lot t the lesser of the following: underlying
zoning district regulation or fifty (50)
COVOFage: ^ - percent of the lot area.
6) Lot Area: The minim 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 minim
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 Density: The maximum number of housing units per
acre shall be twelve (12) provided
Dense ^N,:a °a at least twenty (20) percent of the
lot area is devoted to open space.
9) Maximum Impervious Coverage: The maximum impervious coverage shallbe
in accordance with the
IMPOFN40us underlying zoning district requirements. (As
amended by Ordinance No.
Co veFage: 4 480 -1313.)
10) Bufferyards: Bufferyards shall be required in accordance
with the underlying zoning district and corridor overlay zone
bufferyard requirements, if applicable.
— 11) Interior Landscaping Areas: Interior landscaping shall be required in
accordance with the current
landscaping ordinance and corridor overlay Formatted: Justified
zone requirements, if applicable. Formatted: Font: io pt, Italic
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45 -19
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.)
Genernl Criterin
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 intersection or mid - block.
b. Development Regulations
1) Residential Adjacency Gasoline pumps, pump islands, canopies, or
car washes, where adjacent
Adjaeene t to property zoned as single - family
residential or designated as low or medium density residential on the city's land use plan,
shall maintain a minim 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.
Formatted: Justified
No dumpster shall be placed within 50' of residentially zoned property or designated as Formatted Foot :10 pt, Italic
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45 -20
low or medium density residential on the city's land use plan.
2) Lot Area: The minim 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.
3) Building Design:
Gabled or Hipped Roof All service station convenience stores, pump
Design: canopies and car washes shall be
constructed with a gabled or hipped roof with a minim 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 minim of 500
square feet. Each freestanding car wash or other ancillary building shall have a minimum
floor area of 500 square feet.
4) 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 i Commercial_ Display of Goods Outside commercial display of goods shall be ; = - Formatted: Highlight
prohibited. Formatted: Underline, Font color: Red,
Highlight
Formatted: Underline, Font color: Red
Landscaping Where parking is provided between the building setback line and any public-- , \ Formatted: indent: Hanging: 1"
R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at Formatted: indent: Left: 1", Tab stops: 1 °,
a minim spacing of thirty inches (30 ") on center continuous along all paved edges of Left + Not at 2^
the parking or driving areas.
45.11 SPECIFIC REQUIREMENTS FOR CARPORTS AND MULTI -LEVEL PARKING Formatted: Justified
GARAGES FOR NON - RESIDENTIAL PROPERTY Formatted: Font: 10 pt, italic
&Z Commission
118104 45 -21
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 -IL)
a. 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.
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.
b. 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.
b) 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
45 -22
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 minim 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 fagades 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 tilt wall and other
masonry materials of similar characteristics.
Articulation Any exterior fagade shall comply with Section 43.13.d.
Pavi ng: No carport shall be erected over any parking space not
constructed of an all- weather surface.
c. Development Reeulations for Non - Residential Multi -Level Parking Garaees
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 fagade 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'/z) 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 minim stacking depth shall conform to the
45 -23
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 minim 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 minim 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.
41.12 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES ------ Formatted: Highlight
p. _ Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of _
- Formatted: Highlight
the location, the site layout and design features, 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 proposed use with
adjacent land uses.
b. A fixed time period (specific dates) for the outdoor sale or service activity to commence shall be ,
- Formatted: Highlight
established in the specific use permit. The permit for the sale or service activity shall be
established and unless otherwise stated in the permit, shall be valid one year from the date of
approval by the City Council.
C. Regulations for any structure used to conduct the outdoor sale or services activity including but
not limited to, size, color, location of equipment, lighting and signage shall be established in the
specific use permit.
d. The location of outdoor sale or service activity shall not reduce the parking requirements or ,
- Formatted: Highlight
etiectiveness of landscaped or buffer areas and the areas for the display of merchandise shall de
not adversely impact the ability of pedestrians or vehicles to move about the lot.
e. The site must provide adequate ingress and egress. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- Formatted: Highlight
Provisions for recycling and /or disposal may be established in the use__ ,
- Formatted: Highlight
permit.
45 -24
g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum offorty -four inches
(44 ") in width. Additional width may be required and pedestrian ways shall be subject to the
Americans with Disability Act Accessibility Guidelines for Building and Facilities.
13 SPECIFIC REGULATIONS FOR DONATION BINS
a. A donation bin shall be permitted only as an accessory use to the principal use established on the
lot or tract of land.
b.
The applicant must disclose the intended recipient of collected items and the percentage of funds
collected or goods collected which will be paid or given to a charitable organization.
c.
The applicant must submit written permission of property owner consenting to the erection and
maintenance of the donation bin.
d.
The specific use permit shall provide that the permit holder shall:
1) keep the area around the bin free of litter;
2) remove graffiti from the bin within 48 hours of discovery, and
3) maintain the bin painted or otherwise unrusted and undented and in good repair.
e.
A minim lot size of 43,560 square feet is required to locate a bin.
f
No more than one bin may be maintained on a lot.
g.
A bin shall not be located closer than -5 feet to another - - - - - - - - - - - - - - - - - - - - -- -
- Formatted: Highlight
h.
A bin must be at least 300 feet from the property line of a school.
i.
The location of a bin shall not reduce the minimum parking requirements or effectiveness of
landscaped areas within the site.
j.
A bin shall not exceed a capacity of 512 c ubic feet. _
, Formatted: Highlight
k.
A bin must be cleared of contents at least once every two (2) weeks.
1.
Bins must safely designed in a manner that prevents the tipping over and prevents children from -
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entering inside the bin.,
0.19°
-
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lid
..... Each bin shall bear the name and phone number of the owner and all charitable ,
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organizations which benefit from the collected materials.
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m. The max o sh be si (6) s quar e feet
FAI ..... All_collected items be fully contained within the bin ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Formatted: Highlight
eo. Ab�ns shall be located on a paved surface. Formatted: Highlight
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14 MASS GATHERING EVENT Formatted: Highlight
a. The City Council may grant an application for a specific use permit for amass gathering event if
it fmds the standards in this Ordinance are met. When considering an application for a permit,
the City Council may establish specific conditions depending upon the nature of the proposed
event and the traffic, health, and safety issues.
b. An application for a permit to hold a mass gathering event shall identify (i) the promoter; (ii) the
mass gathering area; (iii) the maximum number of patrons anticipated or tickets to be sold for the
gathering; (iv) the dates and time of day being considered for the mass gathering, (v) information
pertaining to previous mass gatherings in the same mass gathering area or sponsored by the
promoter or a related entity at other locations, within the previous two years, and (vi) shall
provide other information which is reasonably related to the health, safety and welfare of the
citizens, including:
1) a plan describing all measures and procedures designed to address safety concerns, including
provisions for protecting the safety of those attendees at a general admission event,
2) a sketch or rendering showing the general layout or configuration of the mass gathering area
and depicting the general location of the activities and facilities to be provided,
3) the name and address of each performer who has agreed to or been invited to appear at the
mass gathering;
4) the address of the property at which the mass gathering is to be held, and
5) evidence of the agreement between the promoter and the property owner for use of said
property for the mass gathering event.
c. In considering whether to grant a mass gathering event special use permit, the City Council
shallshal consider the following - Formatted: Highlight
1) whether there is convenient and safe access for the ingress and egress of pedestrians and
vehicular traffic,
2) whether sufficient traffic control personnel is proposed to insure safety to all members of the
traveling public, including pedestrians, along all public roadways in the proximity of the mass
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gathering and /or along which the public is likely to travel to reach the mass gathering areas
shall be provided,
3) whether the mass gathering area is well drained and so arranged to provide sufficient space
for persons assembled, vehicles, sanitary facilities, and appurtenant equipment,
4) whether sufficient illumination will be provided at night to protect the safety of the persons
assembled.
5) whether adequate parking areas, including disabled persons' parking spaces, shall be
provided for persons arriving by vehicular means. If the promoter proposes to utilize
temporary off -site parking, then the promoter the mass gathering event the off -site temporary
parking area will not be utilized for purposes other than the mass gathering event; and
6) whether adequate provisions have been made for food supply, medical assistance, garbage
disposal, water supply, parking, sanitation and toilet facilities, vermin control, and safety.
d. -The = promoter of a mass gathering event shall comply with the following requirements during , ' Formatted: Highlight
the mass gathering event and these requirements_ shall be deemed as part of a specific use permit - - - Formatted: Highlight
-- - - - - - - - - - - - - - - - - - - -
------ g ranted - for SUCK an event: - Formatted: Not Highlight
1) Food Supp Formatted: Highlight
ly
Food preparation, service and storage will be provided for pursuant to the requirements of the
Texas State Department of Health, the county in which the mass gathering event takes place, or
the City, whichever is more stringent.
2) Water Supply
a) An adequate, safe supply of potable water, meeting the requirements of the Texas State
Department of Health, the county in which the mass gathering event takes place, or the
City, whichever is more stringent, shall be provided.
b) Transported water, if used, shall be obtained from an approved source, stored and
dispensed in an approved manner. Approval as used in this paragraph means in
compliance with standards adopted by the Texas State Department of Health, the county
in which the mass gathering takes place, or the City, whichever is more stringent.
3) Sanitation
Toilet facilities will be provided for pursuant to the requirements of the Texas State Department
of Health, the county in which the mass gathering event takes place, or the City, whichever is
more stringent.
4) Refuse Disposal
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a) Refuse shall be collected, stored, and transported in a manner that allows for recycling
and protects against odor, infestation of insects and /or rodents and any other condition,
which poses a threat to the health, safety, and welfare of the patrons of the mass
gathering event or the public.
b) Refuse and recycling containers shall be clearly marked and readily accessible.
c) The area where motor vehicles are parked shall have one (1) fifty (50) gallon refuse
container or its equivalent for every twenty -five (25) such motor vehicles or one (1)
sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles
and an appropriate number of recycling containers.
d) All refuse will be collected from the assembly area at least twice each twelve (12) hour
period of the assembly, with a minim of two (2) such collections for a gathering
exceeding six (6) hours, or more often if necessary, and disposed of at a licensed waste
disposal facility.
e) The grounds and immediate surrounding property shall be cleared of refuse within
twenty -four (24) hours following a mass gathering event.
I) In lieu of the above - mentioned requirements in this subsection, the promoter may submit
an alternative plan for refuse disposal for the consideration by the City Council.
5) Vermin Control
Insect, rodents, and other vermin shall be controlled by proper, sanitary practices, extermination,
or other safe and effective control methods, where necessary, and animal parasites shall be
controlled.
6) &Lely
a) Electrical systems shall be installed and maintained in accordance with the provisions of
the applicable State standards and local standards and regulations, and shall be approved
by a City of Southlake electrical inspector.
b) Grounds, buildings, and related facilities shall be constructed, maintained and used in a
manner as to prevent fire and in accordance with the applicable State and City fire
prevention regulations.
c) Internal and external traffic and security control shall meet requirements of the applicable
State and local law enforcement agencies.
d) At least one law enforcement officer for each X99500 persons expected to attend the_, - Formatted: Highlight
mass gathering (but not fewer than a total of three officers) shall be on site to assist in
crowd and traffic control. The City Council may require additional or fewer officers,
depending upon the information contained in the application. If the promoter intends to
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use private security officers, then the identity and number of such officers shall be
described in the application.
e) The promoter shall ensure that adequate communication between local law enforcement,
fire prevention, and emergency personnel and any private security personnel, including
emergency response protocols, is provided for each mass gathering event. An on -site
communications center may be required.
7) Medical
a) Any and all medical buildings or tents with adequate medical supplies shall be available in
a convenient location and shall be clearly identified as such.
b) An adequate number of emergency vehicles duly licensed by the State of Texas as
ambulance shall be available on the site beginning one half hour before the mass gathering
event begins and until all patrons have left the scene as determined by the Director of
Public Safety.
c) The promoter of the mass gathering event may be required to contact hospitals in the
local area prior to the date of the event and advise them that a mass gathering event shall
be held and the approximate number of people expected to attend.
8) Noise
The promoter shall control the level of sound emanating from the mass gathering area
pursuant to the City's Noise Ordinance (Article III of Chapter 11, Southlake Code).
9) Area
a) Trees, underbrush, large rocks and other natural features shall be left intact and
undisturbed whenever possible, and natural vegetative cover will be retained, protected
and maintained so far as possible to facilitate drainage, prevent erosion, and preserve
scenic attributes.
b) Grounds shall be maintained free from accumulations of refuse and any health and safety
hazards.
10) Lighting
The mass gathering area shall be adequately lighted, but the lighting shall not unreasonably
reflect beyond the assembly area boundaries unless adjacent properties are uninhabited and
must comply with the City's Lighting Ordinance,
11) Alcoholic Beverages
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a) A Specific Use Permit is required to sell and consume alcoholic beverages at a mass
gathering event. The promoter shall restrict the time and location of such sale so that
alcoholic beverages are sold only during the particular event and so that public safety and
order will not be impaired.
b) The promoter shall comply fully with the laws of the State of Texas regulating the sale
and consumption of alcoholic beverages.
12) Sell-out
The promoter shall notify the Director of Public Safety at least three (3) days in advance if
the- mass - ,gathering event is sold out. When the promoter learns that a particular event is , - Formatted: Highlight
likely to be sold out, the promoter shall exercise due diligence to promptly inform the general
public that tickets will not be available for sale at the time of the event. At a minim the
promoter shall broadcast announcements in the communications media serving the entire
marketing area for the facility regarding the substance of the preceding sentence.
e. Public Costs Escrow— .- -
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TheA promoter slall be required to , deposit with the Director of Finance at least two weeks prior -
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to the mass gathering event an amount of money equal to 120% of the estimated public costs of each
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contemplated mass gathering as set by the City Council. The Director of Public Safety will prepare a
public cost estimate and submit it to City Council and the promoter. Public costs are those costs
incurred by the City in connection with the mass gathering event which relate to the mass gathering
and which would not be incurred by the City if such mass gathering was not held. Promptly after
each mass gathering event, the actual public costs shall be calculated, and the deposit shall be
refunded to the promoter to the extent it exceeds the actual public costs incurred. If the actual
public costs exceed the amount deposited, the promoter shall pay the excess to the City within 10
days after being so notified.
f The promoter "Ilpf,---i-A be required to present, evidence of public liability insurance in at
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least the following amounts: (i) $1,000,000 Bodily Injury (per person), (ii) $2,000,000 Bodily Injury
(per occurrence); and (iii) $1,000,000 property damage, which insurance policy shall name the City,
its officers and employees as additional insureds and shall contain a clause providing that the policy
may not be canceled by either party except upon not less than 30 days written notice to the City. A
copy of the insurance policy shall be provided to the City at the time of the filing of the application.
Additionally, the City, its officers and employees shall be named as additional insureds.
g. The City Council or Administrative Official znay revoke a mass gathering event permit issued
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pursuant to this Ordinance upon finding of one or more of the following:
1) that the promoter has violated one or more of the provisions of the specific use permit;
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2) if the City Council finds that the permit was obtained by fraud or misrepresentation; or
3)if the preparations for the mass gathering event will not be completed prior to the planned Formatted: Bullets and Numbering
commencement of the mass gathering event.
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Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.5 + Tab after:
0.75' + Indent at: 0.75', Tab stops: Not at
6.25'
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. - --
,�
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.5 + Tab after:
0.75' + Indent at: 0.75', Tab stops: Not at
6.25'
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Formatted: Indent: Left: 0.5
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