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Item 6DCITY OF SOUTHLAKE MEMORANDUM April 25, 2012 To: Honorable Mayor and City Council From: Shana Yelverton, City Manager Subject: Agenda Item 6D — Amendment of Zoning Ordinance No. 480 -1111 Action Requested: Amend Zoning Ordinance No. 480, Section 34 — Accessory Uses, Section 44 — Board of Adjustment and Section 45 — Specific Use Permit. The purpose of this amendment is to increase the allowable size of temporary construction facilities to a maximum of 2,000 square feet (previously 500 square feet) per facility as a permitted accessory use. This allows the City to accommodate current market demand on larger development sites. Also, adding option for specific use permit to be granted by City Council if size and/or duration set forth for temporary construction facilities are proposed to exceed maximum parameters allowed within the accessory use section. This amendment also places a requirement for specific use permit approval by City Council for any proposed temporary sales facilities; as well as guidelines for any temporary facility requiring a specific use permit. The proposed amendment changes override Section 44.12.2. It has therefore been deleted. Background Information: Construction projects are requiring larger construction trailers and sales offices to house contractors, sub contactors, plans, and customers than is permitted by the current ordinance. Staff has been directed by City Council to review the zoning ordinance and develop regulations to allow larger facilities as well as a set of standards for temporary facilities requiring Specific Use Permit approval. Citizen Input/ Board Review: A SPIN meeting was conducted on March 12, 2012; there were no questions or concerns. Planning & Zoning Commission: March 22, 2012; Approved (6 -0) as presented by staff, noting a possible consideration for the addition of landscape regulations as they pertain to temporary construction facilities and/or sales facilities in residential developments. City Council: April 3, 2012; Approved first reading on consent (7 -0) April 17, 2012; Tabled second reading until May 1, 2012. Legal Review: Under review by city attorney Attachments: Proposed Ordinance 480-11 11 — clean Portion of Section 34 — redline Portion of Section 44 — redline Portion of Section 45 - redline Item 6D — text amendment to zoning ordinance; APRIL 25, 2012 CLEAN COPY ORDINANCE NO. 480 -1111 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO TEMPORARY CONSTRUCTION FACILITIES AND /OR TEMPORARY SALES FACILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 34.1(u) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows; ACCESSORY USE District Where Permitted u. One temporary construction facility by a Developer, including manufactured housing, not to exceed 2,000 square feet, only during actual construction for a period not to exceed two (2) years ALL from the date of issuance of the building permit for the temporary construction facility and located on property being developed. The actual construction period for the development shall mean the period from the date of issuance of the first permit for construction until the date of final acceptance of the improvements or issuance of a certificate of occupancy. Temporary construction facilities must be at least two hundred (200) feet from any occupied residence. As amended by Ordinance No. 480 -1111 SECTION 2 Section 44.12(2) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: 2. This section deleted by Ordinance 480 -1111 SECTION 3 Section 45.1(46) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: SPECIFIC USE DISTRICT WHERE PERMITTED 46. Temporary construction facilities when not permitted as an ALL accessory use in accordance with Section 34, and all temporary sales facilities. Subject to the requirements set forth in Section 45.18 of this ordinance. (As amended by Ordinance No. 480 -1111) SECTION 4 Section 45.18 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: 45.18 SPECIFIC REGULATIONS FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITIES (As amended by Ordinance 480 -1111) 1) The City Council may grant a specific use permit to increase the maximum parameters set forth for temporary construction facilities by Section 34 of this ordinance and may grant a specific use permit to allow temporary sales facilities subject to the following standards: (a) Temporary facilities must be at least two hundred (200) feet from any occupied residence. (b) Temporary facilities must be skirted on the front and sides. (c) Temporary facilities must provide foundation landscape planting consisting of one (1) five- gallon shrub per four (4) linear feet around skirting (excluding entrances). (d) Each temporary facility shall have at least two (2) paved parking places (two (2) deep, tandem parking is not permitted). (e) Temporary facilities may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. SECTION 5 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two - Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof SECTION 10 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 3 r ' day of APRIL, 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2012. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: SECTION 34 ACCESSORY USES (As amended by Ordinance No. 480 -LL) (As amended by Ordinance No. 480 -QQ) (As amended by Ordinance No. 480 -SS) (As amended by Ordinance No. 480 -UU) (As amended by Ordinance No. 480 -MMM) (As amended by Ordinance No. 480 -000) (As amended by Ordinance 480 -QQQ) (As amended by Ordinance 480 -VVV) (As amended by Ordinance 480 -EEEE) (As amended by Ordinance 480 - 1111) 34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily incidental to the principal use of the premises, the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE District Where Permitted a. Barns, stables, granaries, pump houses, water tanks and silos; but not AG including slaughter houses or processing of agricultural products, animals or poultry. b. Equipment Sheds (As amended by Ord. 480 -MMM.) AG, RE, RCS, SF- 2 c. Accessory buildings enclosing equipment or activities in conjunction with the AG, RE, RCS, SF- permitted principal uses. No accessory use shall be construed to permit the 1A, SF -1 B, SF -2, keeping of articles or materials in the open or outside the building unless SF -30, SF -20A, specifically permitted elsewhere in this ordinance. (As amended by Ord. 480- SF -2013, MF -1, VVV.) MF -2 d. Private stables, including boarding of horses, in areas other than the RE, SF -1A, SF- Agricultural District for the keeping of grazing animals, provided (As amended 1 B, SF -2 (where by Ord. 480 -MMM): the lot on which the structure will 1. Ground accumulations of manure shall be collected and properly disposed be located of so as not to create offensive odors, fly breeding, or in any way become contains the same a health hazard or nuisance to humans or animals. minimum lot square footage 2. Fences for pens, corrals or similar enclosures shall be of sufficient height required in the SF- and strength to properly retain the grazing animal(s) on the premises. 1A and SF 1B zoning category) 3. The minimum space area upon which such grazing animal(s) may be SF -30 (where the enclosed, including pasture, pens, corrals, and stables, shall not be less lot on which the than fifteen thousand (15,000) square feet per each grazing animal over structure will be five hundred (500) pounds and not less than five thousand (5,000) square located contains feet for any other grazing animal. the same minimum lot 4. All enclosed sheds and stables for animals as provided under the terms of square footage 34 -1 wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. r. Office or administrative areas and activities supportive of the permitted 1 -1, 1 -2, B -1, B -2 principal uses. s. The resale of used merchandise conducted by a retail sales establishment C -2, C -3, C -4, B- when such resale is clearly secondary to and related to the sale of new 1, B -2, DT * *, 1 -1, 1- merchandise. The resale of used merchandise shall be limited in that used 2 merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. t. Public, semi - public and private parks, recreation and open space including ALL playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. u. One temporary construction facility by a ALL Developer, including manufactured housing, not to exceed 600- square feet - per- �, only during actual construction for a period not to exceed two (2) years from the date of issuance of the building permit for the temporary construction facility and located on property being developed. The actual construction period for the development shall mean the period from the date of issuance of the first permit for construction until the date of final accep tance of the improvements or issuance of a certificate of occu anc . Temporary construction facilities must be at least two hundred 200 feet from any occupied residence. (As amended by Ordinance No. 480 -11111 v. Temporary concrete batching or transient mix plant for ninety (90) days plus ALL one (1) thirty (30) day extension. (As amended by Ordinance No. 480 -D.) w. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord. No. 480 -J and Ord. No. 480 -MMM.) " Shall apply only to approved single- family residential uses in the DT, TZD, and EC zones "Shall apply only to non - residential uses and mixed use buildings in the zoning district 34 -4 SECTION 44 BOARD OF ADJUSTMENT (As amended by Ordinance No. 480 -C) (As further amended by Ordinance No. 480 -N) (As further amended by Ordinance No. 480 -QQ & 480 -SS) (As further amended by Ordinance No. 480 -WW) (As further amended by Ordinance No. 480 -XX) (As further amended by Ordinance No. 480 -NNN) (As further amended by Ordinance No. 480 -000) (As further amended by Ordinance No. 480 -ZZZ) (As further amended by Ordinance No. 480 -BBBB) (As further amended by Ordinance No. 480 -1111) 44.1 ESTABLISHMENT - A Board of Adjustment is hereby established which shall consist of five (5) members and four (4) alternates to be appointed by the City Council. The term of office of said members and alternates shall be two (2) years. Three (3) members and two (2) alternates shall be appointed to serve terms beginning in odd numbered years and two (2) members and two (2) alternates shall be appointed to serve terms beginning in even numbered years. In making such appointments, the City Council shall name one appointee as Chairman and one as Vice - Chairman. After the appointment of the original members and alternates thereof, all vacancies occurring on the Board of Adjustment shall be filled by appointment by the City Council. Members and alternates of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member or alternate affected. (As amended by Ordinance 480 -XX) 44.2 PROCEEDINGS OF THE BOARD - The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other time as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. All cases to be heard by the Board of Adjustment shall always be heard by a minimum of four (4) members. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City and maintained by the City Secretary. 44.3 POWERS AND DUTIES - The Board of Adjustment shall have all powers and duties granted by this ordinance and by Sections 211.008- 211.011, Texas Local Government Code, and shall be governed by same. These powers and duties shall include the following: a. Administrative Review - To hear and decide appeals that allege error in any order, requirement, decision, or determination made by the Administrative Officer in the enforcement of this ordinance. b. Variances - To authorize in specific cases variances from the terms of this ordinance as will not be contrary to the public interest, where due to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and where the spirit of 44 -1 Zoning Board of Adjustment shall have issued a written decision outlining the terms and conditions under which these waivers may be granted. 44.12 SPECIAL EXCEPTIONS USE POWERS - The following special exceptions may be permitted by the Board of Adjustment in the district specified, subject to full and complete compliance with any and all conditions required in this section, together with such other conditions as the Board may impose (as amended by Ordinance No. 480 -D, 480 -SS, 480 -NNN, and 480 -ZZZ): SPECIAL EXCEPTION USE District Where Permitted 1. Servants or family quarters for domestic servants employed on the premises or AG, RE, RCS, SF- family members of the owner of the premises shall not be rented or otherwise used 1 A, SF -1 B, SF -2, as a separate domicile provided the gross inhabitable square footage of the floor SF -30, DT* area shall not exceed two thousand (2,000) square feet except that the gross CONCEPT PLAN inhabitable floor area in SF -30 zoning shall not exceed one thousand (1,000) REQUIRED square feet. Such quarters maybe housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street, in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. ALL CONCEPT PLAN REQUIRED 3. The construction of accessory buildings or structures of a size or aggregate size AG, MF -1, MF -2, greater than that permitted under the accessory building requirements of the SF -1 A, SF -1 B, zoning district of the property based on the following review criteria: SF -2, SF -30, SF- a. Compatibility of the materials proposed with the principal structures and the 20A, SF -2013, MH, surrounding properties DT* b. Purpose of the accessory structure PLOT PLAN, c. Consistency of architectural style including roof structure ELEVATIONS, d. Setback from adjoining properties and location on the subject property AND RENDERINGS (As amended by Ordinance 480 -000) REQUIRED 5. In -home day care per state regulations. RE, RCS, SF -1 A, SF -1 B, SF -2, SF- 30, SF -20A, SF- 20 B, MH, DT *, • Shall apply only to approved single - family residential uses in the DT zone • Shall apply only to approved single - family residential uses in the DT, TZD, and EC zones 44 -5 SECTION 45 SPECIFIC USE PERMITS (As amended by Ordinance No. 480 -QQ & 480 -SS) (As amended by Ordinance No. 480 -UU) (As amended by Ordinance No. 480 -YY) (As amended by Ordinance No. 480 -NNN) (As amended by Ordinance No. 480 -000) (As amended by Ordinance No. 480 -RRR) (As amended by Ordinance No. 480 -VVV) (As amended by Ordinance No. 480 -WWW) (As amended by Ordinance No. 480 -GGGG) (As amended by Ordinance No. 480 -1111) 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. Bars or Taverns (as amended by Ordinance No. 480 -000) C -3 and DT ** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship ALL and 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 All except B -1, CS, HC, (- institutions or trade schools. 1 and 1 -2 45 -1 ** Shall apply only to non- residential uses and mixed use buildings in the DT District. A Shall apply only to non - residential lots in the PUD, S -P -1, S -P -2, TZD, and ECZ Districts. 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. 45 -7 the zoning district in which it is located. No more than two specific use permits for tents for a lot may be issued in any one year period, with a sixty (60) day separation between events. The location of the tent shall not reduce the minimum parking requirements or effectiveness of landscaped areas within the site. 42. Gas & oil well drilling and production, subject to the requirements of Section 45.15 ALL —SITE PLAN REQUIRED 43. Accessory buildings located in the front yard. SF -1 A, SF -1B and RE PLOT PLAN REQUIRED 44. Accessory buildings enclosing equipment or activities in conjunction with the CS, 0-1, 0-2, C -1, C -2, permitted principal uses. No accessory use shall be construed to permit the C -3, C -4, HC, B -1, B -2, (- keeping of articles or materials in the open or outside the building unless 1, and 1 -2 SITE PLAN specifically permitted elsewhere in this ordinance. Subject to the requirements set REQUIRED forth in Section 45.16 of this Ordinance. (As amended by Ordinance No. 480 - VVV ). ALL 45. Solar Energy Systems, subject to the requirements of Section 45.17 SITE PLAN REQUIRED 6. Temporar construction fac ilities when not permitted as an accessory use in accordance with Section 34, and all temporary sales facilities. Subject to the ALL requirements set forth in Section 45.18 of this ordinance. As amended b Ordinance No. 480 -1111 ** Shall apply only to non- residential uses and mixed use buildings in the DT District. A Shall apply only to non - residential lots in the PUD, S -P -1, S -P -2, TZD, and ECZ Districts. 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. 45 -7 setback as required by the underlying zoning district. ALL ZONES a. No solar energy system shall be constructed upon a lot until a building permit has been issued or principal use has actually been commenced.. b. A line of sight analysis will be required in addition to the applicable submittal requirements under Section 40 (Development Plans and Site Plans) of the City of Southlake Zoning Ordinance. 45.18 SPECIFIC REGULATIONS FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITIES (As amended by Ordinance 480.1111) 1) The City Council may grant a specific use permit to increase the maximum parameters set forth for temporary construction facilities by Section 34 of this ordinance and may grant a specific use permit to allow temporary sales facilities subject to the following standards: (a) Temporary facilities must be at least two hundred (200) feet from any occupied residence. (b) Temporary facilities must be skirted on the front and sides. (c) Temporary facilities must provide foundation landscape planting consisting of one (1) five gallon shrub-per four (4) linear feet around skirting (excluding entrances). d Each temporary facility shall have at least two 2 paved parkinc places -(two 2 dee tandem parking is not permitted). (e) Temporary facilities may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. 45 -29