§ 155.3 ZONING LAND USE REGULATIONS.

3.01. Uses Permitted by District. A person may use land and buildings in each of the zoning districts listed in Section 155.2 for any uses specified in subsection 3.03 Use Chart. No person shall use land or erect, alter, or convert a building or structure for any use other than those specified as a permitted use in the district where the property is located.

Legend for Use Chart
P	Use permitted in the district.
[blank]	Use prohibited in the district.
S	Use permitted in the district upon approval of a specific use permit (SUP).
P-#	Use permitted in the district if the use complies with conditional development standards or limitations in the corresponding numeric endnote reference to subsection 3.04 Conditional Development Standards.
S-#	Use permitted in the district after approval of a specific use permit (SUP) and if the use complies with conditional development standards or limitations in the corresponding numeric endnote reference to subsection 3.04 Conditional Development Standards.

3.02. Classification of New and Unlisted Uses.

A. Existence of new and unlisted uses. Any use not listed in subsection 3.03 Use Chart or that operates in conflict with the definition of the use in Section 155.7 is prohibited.

B. Zoning Administrator interpretation of a new and unlisted use.

1. If the Zoning Administrator cannot classify a proposed use under an existing listed use, the Zoning Administrator may initiate a zoning text amendment (see subsection 5.05).

2. Any person requesting a use not listed in subsection 3.03 may submit an application to the Zoning Administrator to amend the Use Chart (see subsection 5.05).

3.03. Use Chart.

Legend for Use Chart, see subsection 3.01

A

SF-6

SF-7

SF-10

SF-20

MF-1

MF-2

NC

LC

RC

MU

CI

I

D

Parking Requirements

Residential Uses

Boarding House

P

1:room

Community Home I

P

2

Community Home II

S

P

S

P

1:4 rooms

Dwelling, Single-Family (Detached)

P

P-10

2

Dwelling, Single-Family (Attached - Duplex)

S

P-11

P

2:unit

Dwelling, Single-Family (Attached - Townhouse)

P

2:unit

Dwelling, Multi-Family, 3-8 Units

P

1.5:unit

Dwelling, Multi-Family, 9 or More Units

S

P

1.75:unit

Guest House/In-Law Quarters

P-11

1

Industrialized Housing

P-16

2

Live Work Unit

S

P

2:unit

Manufactured Home

S

2

Mobile Home Parks, Trailer Parks, Trailer Courts, or Trailer Subdivisions

P

S-17

2:unit

On-Premise Residence

P

1

Retirement Housing

P

1.5:unit

Nonresidential Uses

Accessory Building (see subsection 3.08)

P

N/A

Adult Day-Care Services

P

S

P

1:400 + 1:employee

Agricultural Use

P-1

N/A

Airport or Airport Facility

S

1:1,000 sq. ft.

Alcoholic Beverage Sales and Service (on-site consumption)

S-2

1:100 sq. ft.

Alcohol Sales (off-premises consumption)

P-3

1:250 sq. ft.

Alternative Financial Establishment

P-4

1:250 sq. ft.

Ambulance Service

S

P

S

P

1:400 sq. ft.

Amusement, Commercial (Indoors)

P

1:400 sq. ft.

Amusement, Commercial (Outdoors)

S-5

P-5

1:400 sq. ft.

Animal Shelter or Pet Boarding (with Outside Yard/Kennels)

S

P

1:1,000 sq. ft.

Animal Shelter or Pet Boarding (without Outside Yard/Kennels)

P

1:1,000 sq. ft.

Antique Shop

P

1:400 sq. ft.

Art Gallery or Museum

P

1:400 sq. ft.

Artisan’s Workshop

P

1:1,000 sq. ft.

Auction House

S

1:400 sq. ft.

Automobile Body Shop

S-6

P-6

1:400 sq. ft.

Automobile or Other Motorized Vehicle Sales and Service

S-6

P-6

1:400 sq. ft.

Automobile Parts Store

P

1:250 sq. ft.

Automobile Rental

S-6

P-6

S-6

P-6

1:400 sq. ft.

Automobile Salvage

S-6

1:1,000 sq. ft.

Automobile Service Garage (Major)

S-6

P-6

1:bay and 1:400 sq. ft. office

Automobile Service Garage (Minor)

P-6

1:bay or 1:400 sq. ft.

Automobile Wrecker and Impound Lot

S-6

P-6

1:400 sq. ft.

Bail Bond Services

S

P

1:400 sq. ft.

Bakery (Retail)

P

1:250 sq. ft.

Bank or Financial Institution

P

1:400 sq. ft.

Banquet Hall

S-7

1:3 seats

Bed and Breakfast Inn

S

1:room + 2

Book Store

P

1:400 sq. ft.

Bowling Alley

S

P

S

3:lane + 1:1,000 sq. ft.

Brewery or Distillery

P-8

1:1,000 sq. ft. + 1:250 sq. ft. taproom

Brewpub

P-8

1:200 sq. ft.

Car Wash, Full Service

P-6

S-6

1:400 sq. ft. waiting area

Car Wash, Self Service

P-6

S-6

1:bay

Carpentry Shop

P

S

P

S

P

1:1,000 sq. ft.

Catering Service

S

P

S

1:400 sq. ft.

Cement Storage

S

1:250 sq. ft. office

Cemetery or Mausoleum

P

N/A

Ceramic and Pottery Manufacturer

P

S

P

1:400 sq. ft.

Child Care Home (Up to 6 Children)

P

S

2 additional

Child Care Home (7 or More Children)

P

S

2 additional

Child Care Facility (Children's Home)

S

1:250 sq. ft.

Child Care Facility (Day-Care Center)

S

P

S

1:400 sq. ft. + 1:employee

Civic/Convention Center

P

1:400 sq. ft.

Community Center, Private or Clubhouse

P

1:400 sq. ft.

Concrete or Asphalt Batching Plant, Permanent

S

1:250 sq. ft. office

Concrete or Asphalt Batching Plant, Temporary

P-9

N/A

Consignment Store

P

1:250 sq. ft.

Contractor's Shop or Storage Yard

S-19

P-19

P-1 9

1:400 sq. ft. office

Convenience Store

P

1:250 sq. ft.

Country Club

S

1:250 sq. ft.

Dance, Music, or Drama Studio

P

1:4 pupils

Donation or Recycling Collection Point

P

N/A

Drive-Thru or Drive-In Uses other than Restaurant or Cafeteria, with Drive-Thru

S

P

S

P

Per use

Electrical Energy Generating Plant

S

N/A

Electrical Power Substations

P

N/A

Electrical Transmission

P

N/A

Equestrian Center

P

S

1:400 sq. ft. office

Equipment Rental (Heavy)

S

P

1:400 sq. ft. office

Equipment Repair Shop

S

P

1:400 sq. ft.

Exterminator

P-19

P-1 9

1:400 sq. ft. office

Fabrication, Metal or Plastic

P

1:1,000 sq. ft. or 1:3 employees

Farmer's Market

S

By SUP

Feed Store

S

P

1:400 sq. ft.

Flea Market

S

By permit

Florist

P

1:400 sq. ft.

Food Processing Plant

S

P

1:1,000 sq. ft. or 1:3 employees

Fraternal Organization

P

1:400 sq. ft.

Funeral Home or Mortuary

S

1:3 seats

Furniture Repair and Upholstering Shop

S

P

1:400 sq. ft.

Gasoline or Diesel Passenger Vehicle Filling or Service Station

S-10

P-10

S-10

P-10

1:250 sq. ft. indoors

Gasoline or Diesel Truck Filling or Service Station

S-10

P-10

P-1 0

1:250 sq. ft. indoors

Gasoline or Diesel Truck Filling or Service Station with Overnight Parking

S-10

P-1 0

1:250 sq. ft. indoors

Gasoline or Diesel Passenger Vehicle Self-Service Pumps Only

S

P

N/A

Golf Course

S

5:hole

Greenhouse (Commercial Non-Hobby)

P

1:1,000 sq. ft.

Grocery Store (less than 20,000 square feet)

P

1:250 sq. ft.

Grocery Store (equal to or greater than 20,000 square feet)

P

1:250 sq. ft.

Gun Club, Skeet or Target Range (Indoor)

P

1:lane

Gun Club, Skeet or Target Range (Outdoor)

S

1:400 sq. ft. indoors

Gym or Health/Fitness Center

P

1:400 sq. ft.

Gymnastic Studio

P

1:400 sq. ft.

Halfway House

S

1:2 employees

Handicraft Shop

P

1:400 sq. ft.

Hazardous Waste Disposal (see subsection 3.06)

S

1:1,000 sq. ft.

Heavy Load Vehicle Sales and Service

P-6

1:400 sq. ft. indoors

Heavy Load Vehicle Service Garage

S-6

P-6

1:1,000 sq. ft.

Heliport or Helistop

P

S-12

S-1 2

N/A

Hobby Shop

P

1:400 sq. ft.

Home-Based Business

P-13

P-15

N/A

Hospital, Acute Care

S

P

2:exam room

Hospital, Chronic Care

P

3:bed

Hotel

S-14

P-14

1:400 sq. ft.

Hotel, Extended Stay

S-15

1:room + 5

Institution for the Care of Alcoholic, Psychiatric or Narcotic Patients

P

3:bed

Jewelry Manufacturing or Assembly

P

1:400 sq. ft.

Landfill

S

N/A

Laundry, Commercial

P

1:1000 sq. ft.

Laundry, Dry Cleaning Drop-Off/Pick-Up

P

1:400 sq. ft.

Laundry, Self-Service

P

1:400 sq. ft.

Leather Product and Saddle Manufacturing

P

1:1,000 sq. ft.

Library

P

1:250 sq. ft.

Light Assembly and Manufacturing Processes

P

1:1,000 sq. ft.

Manufacturing or Industrial Operations

P

1:1,000 sq. ft.

Meat Processing Plant

S

1:1,000 sq. ft.

Medical Clinic

P

1:400 sq. ft.

Movie Theatre

S

P

S

1:4 seats

Movie Theatre, Drive In

S

N/A

Newspaper Printing

P

1:1000 sq. ft.

Non-Profit Services

S

P

S

P

S

1:400 sq. ft.

Nursery, Non-Retail

P

S

P

1:400 sq. ft. indoors

Nursery, Retail

S

P

1:400 sq. ft.

Office, Professional, Medical, or Business

P

1:400 sq. ft.

Outside Display

P-18

N/A

Outside Sales

S

1:400 sq. ft. indoors or 2:employee

Outside Storage

S-19

P-1 9

N/A

Park, Playground, or Community Center, Public

P

N/A

Parking Garage

P

N/A

Parking (Heavy Load Vehicles)

S-6

N/A

Parking (Principal Use)

S-6

P-6

S-6

P-6

S-6

N/A

Pawn Shop

P

1:400 sq. ft.

Penal and Correctional Institutions

S

N/A

Personal Service Shop

P

1:400 sq. ft.

Pet Store

P

1:400 sq. ft.

Petroleum and Gas Storage and Collection Facilities

S

N/A

Pharmacy

P

1:400 sq. ft.

Photographer's or Artist's Studio/Film Processing

P

1:1,000 sq. ft.

Plastic Products Manufacturing

S

1:1,000 sq. ft.

Play Field or Stadium (no nighttime illumination)

P

S

P

S

1:4 seats

Play Field or Stadium (with nighttime illumination)

S

1:4 seats

Plumbing/Electrical/Air Conditioning Store (Retail Sales Only)

P

1:400 sq. ft.

Police or Fire Station

P

N/A

Printing/Duplication Shop or Mailing Center

P

1:400 sq. ft.

Private Club

S

1:250 sq. ft.

Professional Services

P

1:400 sq. ft.

Public Use or Building - Municipal

P

By use

Radio or TV Station (no tower)

S

P

1:400 sq. ft.

Rail Station or Bus Station, Passenger

S

P

S

1:400 sq. ft.

Railroad Facility

S

P

1:400 sq. ft.

Railway and Railway Right-of-Way

P

N/A

Recycling Center

S-20

S-2 0

1:400 sq. ft.

Recycling Facility

S-2 0

1:400 sq. ft.

Religious Use

P

1:4 seats

Research or Scientific Laboratory

P

S

P

S

1:400 sq. ft.

Resource Extraction (Oil and Gas)

P

N/A

Restaurant or Cafeteria, with Drive-Thru

P

S

1:200 sq. ft.

Restaurant or Cafeteria, without Drive-Thru

P

1:200 sq. ft.

Retail Stores and Shops

P

1:400 sq. ft.

RV Park

S-22

S-2 2

1:bay

School, Career

P

1:3 seats

School, College or University

S

Per SUP

School, K-12

P

1:classroom (K-8)

2.5:class-room (9-12)

Seamstress or Tailor Shop

P

1:400 sq. ft.

Secondhand Store

P

1:400 sq. ft.

Self-Storage (Mini Warehouse Facilities)

S

P

1:400 sq. ft. Office

Sexually Oriented Business

S

1:250 sq. ft.

Shoe Repair Shop

P

1:400 sq. ft.

Slaughterhouse

S

1:1,000 sq. ft.

Small Engine Repair Shop

P

1:400 sq. ft.

Smelter, Refinery, or Chemical Plant

S

1:3 employees

Solar Panel or Array (mounted on building or structure)

P-21

P-23

N/A

Solar Panel or Array (ground installation)

P-21

N/A

Stable (Commercial or Boarding)

S

N/A

Stable (Private)

P

N/A

Sundry Store

P-23

1:250 sq. ft.

Swimming Pool

P

N/A

Tattoo or Piercing Studio

S-24

1.5:seat

Taxi Garage or Dispatch

P

1:400 sq. ft. office

Taxidermist

P

1:1,000 sq. ft.

Temporary Building for New Construction

S

By permit

Temporary On-Site Storage Unit or Container

P-25

P-27

N/A

Textile Manufacturing

S

P

1:1,000 sq. ft.

Theater, Live Performance (indoor)

P

1:4 seats

Theater, Live Performance (outdoor)

S

P

1:4 seats

Thrift Store

P

1:400 sq. ft.

Tobacco, Vapor, e-Cigarette Store

S-26

1:250 sq. ft.

Truck Terminal

S

P

1:1,000 sq. ft.

Utility Distribution/Transmission Line, Franchise

P

N/A

Veterinarian Clinic (no outdoor kennels)

P

1:exam room

Veterinarian Clinic (with outdoor kennels)

S

P

1:exam room

Warehouse/Distribution

P

1:1,000 sq. ft.

Water Storage

S

N/A

Water or Wastewater Treatment Facility

S

N/A

Wholesale Center (no outside sales or storage)

P

1:400 sq. ft.

Wind Turbine

P-21

P-2 1

P-23

N/A

Wireless Communication System

S-27

S-2 7

S-29

N/A

Woodworking and Planing Mill

P

1:1,000 sq. ft.

3.04. Conditional Development Standards.

A. Purpose statement. Subsection 3.04 is intended to establish development criteria for use types in addition to those outlined in Section 155.4 Site Development Requirements.

B. The following conditional development standards shall apply to the uses specified in each subsection:

1. Agricultural use standards for select zoning districts. Approval is subject to the following conditions:

a. Farming, stable, or nursery, on a tract of five acres or more;

b. Retail sales conducted from the premises in connection with farming, stable, or nursery uses are only permitted as secondary uses, and require approval of a specific use permit (SUP).

2. Alcoholic beverage sales and service (on-site consumption) standards. Approval is subject to the following conditions:

a. The alcoholic beverage sales and service use is operated within the same premises as a restaurant and the gross receipts from the sale of alcoholic beverages does not exceed the permitted threshold as established by the Texas Alcoholic Beverage Commission (TABC) rules and regulations, as amended.

b. Shall only be permissible when the location complies with all of the distance requisites as required by § 120.04 of the Code of Ordinances.

3. Alcohol sales (off-premises consumption) standards. Approval is subject to the following conditions:

a. Shall only be permissible when the alcohol sales (off-premises consumption) is not within 300 feet of any religious use, school, K-12, or public hospital, chronic care.

b. The measurement of the distance between the alcohol sales (off-premises consumption) and any religious use, school, K-12, or public hospital, chronic care must conform to the TABC definition.

4. Alternative financial establishment standards. Approval is subject to the following conditions:

a. Shall only be permissible where the place of business containing the alternative financial establishment is not within 1,000 feet of any lot containing another financial establishment as measured from property line to property line;

b. Shall not be located within 300 feet from a lot in a residential district, measured from property line to property line;

c. Shall only operate within a freestanding building and may not operate in the same structure as any other use;

d. Shall also include vehicle storage area excluding required off-street parking for vehicles stored or held for collateral from alternative financial establishment transaction.

5. Amusement, commercial (outdoors) standards.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart.

b. Approval is subject to the following conditions:

(1) All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

(2) No intermittent or flashing lights shall be permitted that are visible beyond the property line of the amusement, commercial (outdoors).

(3) Luminaries shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement.

(4) Exterior auditory devices shall not exceed 45 decibels at the property line.

(5) Shall not be located within 200 feet of a property zoned SF or developed with dwelling, single-family (detached) uses.

6. Automobile or other motorized vehicle sales and service.

a. Purpose and applicability.

(1) The purpose of this subsection is to provide consistent standards for uses that primarily involve and are oriented toward the sale, resale, service, repair, rebuilding, or salvage of automobiles.

(2) This subsection applies to the following uses: automobile body shop; automobile or other motorized vehicle sales and service; automobile rental; automobile salvage; automobile service garage (major); automobile service garage (minor); car wash, full service; car wash, self service; parking (principal use); parking (heavy load vehicles); automobile wrecker and impound lot.

b. A specific use permit (SUP) may be required according to the Permitted Use Chart.

c. Lighting and noise.

(1) All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

(2) No intermittent or flashing lights shall be permitted.

(3) Luminaries shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement.

(4) No exterior auditory devices shall be permitted.

d. Parking and storage of vehicles.

(1) An approved paved surface is required beneath all vehicles that are offered for sale, are parked, staged, stored, or are in the process of being serviced, repaired, or washed along with a method of capturing any runoff of fluids, oils, or wash generated by the use and preventing the runoff from entering the stormwater or sanitary sewer system.

(2) Existing unpaved or gravel surfaces that have been utilized for a use listed in subsection a(2) above may continue but are considered non-conforming under subsection 3.07.F Nonconforming Regarding Parking or Landscaping.

(3) No vehicle may be parked or stored within a public right-of-way.

(4) Storage of vehicle parts, including wheels and tires, is allowed only within an enclosed building.

(5) Parking of vehicles must allow for emergency access to the building and to the vehicles themselves in case of fire or other emergency according to minimum adopted standards and is subject to approval by the Fire Marshal.

(6) Vehicles may not be parked outside between the front face of a building and the public street when inoperable due to being mechanically disabled and missing one or more of the following components: bumper, door, hood, window glass, headlight or taillight housings, or wheels or tires.

(a) For the purposes of this subsection 3.04.B.6, DISABLED means that the vehicle cannot safely or legally operate or move under its own power on a public street.

(b) This subsection does not apply to a vehicle that is actively undergoing repair or replacement of tires or bulbs.

e. Movement of vehicles to and from a location. No disabled vehicle that is brought to or taken from a site listed under this subsection may be left in the public right-of-way or loaded or unloaded within the public right-of-way.

f. Repair of vehicles.

(1) Repair or servicing of vehicles is allowed only within a building that is fully enclosed.

(2) Tire changes and minor changing of parts such as windshield wipers or light bulbs are exempt from this restriction.

7. Banquet hall standards.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart.

b. The banquet hall must have frontage on and access to an arterial or major collector thoroughfare as shown on the MTP.

8. Brewpub or brewery or distillery standards. Approval is subject to the following conditions:

a. A brewpub or brewery or distillery shall only be permissible when the location complies with all of the distance requisites as required by § 120.04 of the Code of Ordinances.

b. A specific use permit is required in the following circumstances:

(1) The physical size of all operations within a single building exceeds 20,000 square feet;

(2) Live outdoor entertainment, a banquet hall or other entertainment venue operate as an integral business with the microbrewery or microdistillery. INTEGRAL BUSINESS means any of the following: sharing of demised spaces, common areas, or having access to each other from an area other than a public street or alley.

(3) On-site production exceeds 10,000 barrels per year.

9. Concrete or asphalt batching plant, temporary. The Director of Public Works shall approve a permit for a temporary asphalt or concrete batch plant to provide construction materials for the site on which the temporary batch plant is located during the construction phase of a permanent building, new residential subdivision or other project as authorized under this code of ordinances, provided such Temporary Concrete or Asphalt Batching Plan complies with the following requirements:

a. The temporary batch plant shall receive an approved air quality permit from the State of Texas, and evidence must be presented at the time of application.

b. The temporary batch plant shall follow all State of Texas stormwater run-off requirements. A copy of any required state documents must be on the site of the temporary batch plant at all times.

c. A location map and site plan, drawn to scale, shall be provided and indicate the following: the location of the temporary batch plant and hazardous materials storage on the subject property along with a defined plant boundary and the location of all related equipment, including but not limited to the batching equipment and containers, storage areas, hazardous materials storage, if applicable.

d. A site plan, drawn to scale, shall be provided showing a minimum distance of 300 between the batch plant and protected uses, such as the closest habitable residences, schools and religious institutions. The distance shall be measured in a direct line from the boundary of the temporary batch plant, as indicated on the application, to the property boundary of the protected use.

e. The material delivery route shall be provided, indicating routes for raw material delivery with details on the type and numbers of trucks per day. Said route shall require final approval by the City Manager or his or her designee.

f. The hours of operation shall follow the construction hours of operation as required by the Code of Ordinances.

g. A letter of permission shall be provided by the property owner stating that the temporary batch plant will be used to provide concrete/asphalt for the same site where it is located and no other project(s). The letter must also state that the site will be left in pre-approved condition.

h. The application must state the amount of time that the temporary batch plant will be in operation. The permit duration shall not exceed 60 days from the date of issuance unless the Director of Public Works grants an extension not to exceed 60 days. Only one permit may be issued for a given parcel of property within a 12-month period.

i. The Director of Public Works shall determine if additional materials testing is required and may determine the testing personnel required. Any cost of testing shall be paid by the applicant.

j. The batch plant shall not be used as a batching facility for any other site other than the site on which it is located and no concrete, asphalt and any raw materials may be sold from said plant.

k. The temporary batch plant and all equipment and materials used in the operation of the plant shall be removed from the property on which the plant is located within 14 days after completion of the project.

l. Any appeal or waiver from the requirements of this subsection shall require final approval of a specific use permit (SUP) by the City Council.

10. Vehicle filling or service station standards. This subsection 3.04.B.10 applies to gasoline or diesel passenger vehicle filling or service stations, gasoline or diesel passenger vehicle self-service pumps only, gasoline or diesel truck filling or service stations, and gasoline or diesel truck filling or service station with overnight parking.

a. Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned SF and MF-1 shall maintain a minimum setback of at least 50 feet from any property line shared with property zoned SF or MF-1.

b. Pump islands must be located at least 20 feet from any property line.

c. Overnight truck parking areas must be located at least 50 feet from single-family and the MF-1 zoning districts.

d. The outer edge of the canopy must be located at least ten feet from all public rights-of-way.

11. Guest house/in-law quarters standards. See subsection 3.08 Accessory Buildings and Uses for standards.

12. Heliport or helistop standards. Approval is subject to the following conditions:

a. No heliport or helistop shall be located within 1,000 feet of any religious use, school, K-12, public hospital, chronic care, library, park, playground, or community center, public or within 1,000 feet of any dwelling unless:

(1) Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state;

(2) The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop that require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and

(3) No substantial adverse impact exists on residences or businesses within the 1,000 feet requirement.

b. A heliport or helistop that is an accessory use to an airport or airport facility or hospital, chronic care is exempt from this subsection 3.04.B.12.

13. Home-based business standards. Approval is subject to the following conditions:

a. Employment of persons by the business owner is limited to permanent residents of the household;

b. The use is operated entirely within the dwelling unit or an accessory building that is permissible under subsection 3.08;

c. The use of the dwelling unit for the home-based business is clearly incidental and subordinate to its use for residential purposes by the occupant;

d. The dwelling and property have not been altered to accommodate the home-based business, other than alterations customary to a dwelling or residential property and that are allowed under this Zoning Ordinance;

e. No sign advertising a home-based business shall be placed on property where a home-based business is conducted;

f. Merchandise shall not be offered or displayed for sale on the premises and no sale may be conducted at the dwelling without prior arrangement or appointment. Sales incidental to a service and orders previously made by electronic means or by mail order are permissible;

g. Traffic generated by the home-based business shall not exceed volumes that are normally expected in a residential neighborhood. Visitors to the home-based business must park legally on the street or in a residential driveway;

h. Vehicles, including trucks and trailers, used by the business must be legally parked when not in use and not exceed 16,000 pounds gross vehicle weight rating or have more than two axles;

i. Vehicles conducting commercial deliveries to the home-based business are limited to those having two axles;

j. No equipment, process, or work shall be used or conducted in such home-based business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

k. No outside storage or outside display of any type shall be permitted with any home-based business.

14. Hotel standards. Approval is subject to the following conditions:

a. Staff shall be provided on-site 24 hours a day.

b. All room doors, stairwells, and access corridors shall be located within the exterior walls.

c. At least five amenities shall be provided from the list below:

(1) Entrance lobby with at least 1,500 square feet of floor area;

(2) Indoor/outdoor pool of at least 800 square feet of surface area;

(3) Spa/sauna;

(4) Weight room/fitness center;

(5) Playground;

(6) Plaza/atrium;

(7) Rooftop deck;

(8) Game room;

(9) Full-service restaurant (minimum seating capacity of 35);

(10) A minimum of 100 guest room units;

(11) A meeting/conference room (1,000 square feet minimum);

(12) Linen service;

(13) Room service;

(14) Convenience/sundry shop;

(15) Bistro or café.

15. Hotel, extended stay standards.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart.

b. Approval is subject to the following conditions:

(1) Shall provide staff on-site 24 hours a day;

(2) All room doors, stairwells, and access corridors shall be located within the exterior walls;

(3) Shall provide at least six amenities from the list below:

(a) Entrance lobby with at least 1,500 square feet of floor area;

(b) Indoor/outdoor pool of at least 800 square feet of surface area;

(c) Spa/sauna;

(d) Weight room/fitness center;

(e) Playground;

(f) Plaza/atrium;

(g) Game room;

(h) Jogging trail;

(i) Conference room (1,000 square feet minimum);

(j) Full-service restaurant (minimum seating capacity of 35);

(k) Rooftop deck;

(l) Outdoor living or lounge area with two or more recreational amenities such as games, firepits, barbeque grills, picnic tables, or sports courts;

(m) A kitchen facility within a minimum of 50% of the room units.

(4) Shall have a setback of a minimum of 100 feet from the boundary of any residential district.

(5) Hotel, extended stay must provide a minimum of 75 guest room units.

16. Industrialized housing standards. Industrialized housing is permitted in the same districts as a site-built dwelling as shown in the Use Chart subject to the following conditions:

a. Dwellings constructed as industrialized housing must meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction;

b. The dwelling must conform to all applicable zoning standards for the respective zoning district;

c. The dwelling must be constructed on an approved platted lot; and

d. The dwelling must be securely affixed to a permanent foundation.

17. Mobile home parks, trailer parks, trailer courts, or trailer subdivisions standards.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart.

b. Approval is subject to the following condition: The minimum size of a lot proposed for any mobile home parks, trailer parks, trailer courts, or trailer subdivisions is ten acres.

18. Outside display standards. Approval is subject to the following conditions:

a. Areas shall not be placed or located more than 30 feet from the main building and shall not exceed 50% of the linear frontage of the building;

b. Areas are permitted year-round but items must be rotated so that no item is left on display for longer than 30 consecutive days or suffers decay or damage from weather or sun exposure;

c. Areas shall not occupy any of the parking spaces that are required by this Zoning Ordinance for the principal use(s) of the property, except on a temporary basis only, which is a maximum of 45 days per display and a maximum of two displays per calendar year;

d. Areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way;

e. Areas shall not extend into public right-of-way or onto adjacent property;

f. Items must be displayed in a neat, orderly manner, and the display area must be maintained in a clean, litter-free manner; and

g. Outside display is permitted only as an accessory use and is not a permitted principal use, unless otherwise provided within this Zoning Ordinance.

19. Outside storage standards. Approval is subject to the following conditions:

a. Outside storage is prohibited in the required front yard or between a primary building and a public or private street.

b. Screening shall consist of a minimum six foot opaque screen surrounding the outside storage at the property line or street right-of-way abutting the area to be screened by one or a combination of the following methods:

(1) Opaque wall consisting of brick, stone, or painted CMU block with a split-faced finish;

(2) Wrought iron or tubular steel combined with evergreen trees planted a minimum of ten feet on center and growing to a mature height of at least six feet;

(3) Wood or wood vinyl combined with evergreen trees planted a minimum of ten feet on center and growing to a mature height of at least six feet; or

(4) An equivalent alternative screening method approved by the Zoning Ordinance.

(5) No outside storage may exceed the height of the screening device unless set back two feet for each one foot the stored items or materials exceed the height of the screening device or the stored items or materials are effectively screened by evergreen vegetation that forms a solid screen.

(6) The standards of this subsection 3.04.B.19 do not apply to a nursery, non-retail if the principal use of the storage area is the storage of plants. Other objects such as pallets and bags or piles of material such as mulch must be screened in accordance with this subsection 3.04.B.19.

20. Recycling center and recycling facility standards. Approval is subject to the following conditions:

a. The recycling center or recycling facility is only permissible where the place of business containing the recycling facility is not within 1,000 feet of any Single-Family Districts or MF District as measured from property line to property line of the recycling facility.

b. The recycling center or recycling facility must include a separate parking area for loading and unloading of materials.

21. Renewable energy system standards.

a. Solar panel or array.

(1) Building or structure mounted. A solar panel or array mounted on a building or structure is subject to the following:

(a) A solar panel or array shall not exceed the overall height of the building or structure to which it is mounted.

(b) A solar panel or array shall meet all wind load and structural requirements of the current adopted Building Code.

(2) Ground installation. A solar panel or array installed on the ground is subject to the following:

(a) The solar panel or array shall not exceed the maximum height for an accessory building or structure in the same zoning district (see subsection 3.08. Accessory Buildings and Uses).

(b) The solar panel or array is subject to lot coverage limitations for the underlying zoning district (see subsection 2.05. Dimensional Standards Table).

b. Wind turbine.

(1) In addition to an approved site plan, wind turbine must comply with the following conditions. The special and unique nature of wind turbine generators, as a result of their movement, size and noise, means that the City Council may deny an application for a wind turbine generator that meets the technical requirements set forth below if the wind turbine generator is proposed to be located in an area which will unreasonably encroach upon the rights of landowners in the area. The application for a specific use permit for a wind turbine shall include the following:

(a) Detailed construction plans, with elevation drawings to scale, showing the proposed location and specification of the wind turbine. Drawings shall show all structures, existing and proposed, on the tract of land, together with all structures on neighboring tracts within 1,500 feet of the proposed tower location.

(b) A written statement from the applicant's engineer as to the engineering standards to be observed in the construction and operation of the wind turbine. This will include copies of all manufacturer's statements and warranties with respect to the proposed wind turbine and the engineer's analysis of the proposed wind turbine's safety and performance with respect to extreme weather conditions in the North Texas area, such as ice storms, high winds, and lightning.

(c) Plans and specifications for any necessary related equipment, buildings, wiring or other construction necessary and ancillary to the proposed wind turbine. All lines, electrical and otherwise, between the turbine, the equipment buildings, the structures on the site, or that are otherwise required, shall be buried below ground.

(d) The location of the proposed underground lines shall be shown on the application drawings.

(e) The application shall include the written consent of the property owners within 600 feet of the proposed wind turbine's installation site, or the applicant must obtain a waiver of such written consent from the City Council.

(f) The applicant shall pay all legal, engineering, and building inspection fees incurred in the review and construction of the wind turbine.

(2) A wind turbine shall meet the following requirements:

(a) The wind turbine shall have a mast or monopole design with no guy wires and shall not be more than 50 feet high measured from the existing ground level to the highest point of the rotor blades.

(b) The wind turbine shall be located on a tract containing a minimum size of five acres. One wind turbine is allowed per five acres.

(c) The wind turbine shall be set back from the property line or right-of-way a distance at least equal to the height of the turbine plus 15 feet, or double the height of the turbine if the property abuts residential property.

(d) The maximum noise level created by the turbine shall not exceed 40 decibels measured at the property line adjacent to any residentially zoned property, and 60 decibels at the property line adjacent to any other zoning district, as measured on the dB(A) scale, at any wind velocity.

(e) The wind turbine shall not have lights, reflective features, or paint that is not expressly required by FAA regulations for warning to air traffic. That which is required, if any, shall meet the minimum FAA requirements only. Subject to FAA regulations, strobe lights, reflective paint, and warning paint schemes, such as red and white stripes, are prohibited. Subject to receiving a city permit for another color, all wind turbine masts and rotors shall be dull gray or dull green in color. No signage or advertisement shall be allowed on the wind turbine or tower.

(f) The wind turbine must have either:

(i) A locked, anti-climb device installed; or

(ii) Be completely enclosed by a locked protective fence at least six feet in height.

(g) The wind turbine shall be in compliance with all state and federal laws, including the regulations of the Public Utility Commission, Federal Aviation Administration, and the Federal Communications Commission.

(h) The wind turbine shall comply with those additional requirements as may be required by the City Council as necessary to preserve and protect the health, safety and welfare of the citizens of the city.

(3) Special exceptions. The City Council may grant special exceptions to the requirements of this subsection if the applicant demonstrates that due to unique conditions or qualities of the land or surrounding properties or equipment to be installed, the application of the requirements of this subsection are not feasible or practical and create an unreasonable hardship.

22. RV park standards.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart.

b. Approval is subject to the following conditions:

(1) No property shall be used as an RV park unless it is a minimum of two acres in area.

(2) Driveways and parking pads for RVs must be paved with an improved surface.

(3) Each parking pad must include an electrical hookup.

(4) The maximum length of occupancy in the RV park is 30 days.

23. Sundry store standards. The property line of a sundry store shall not be located within 1,000 feet of the property line of another sundry store.

24. Tattoo or piercing studio.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart

b. Approval is subject to the following conditions:

(1) A studio shall operate only with a valid license issued by the Texas Department of State Health Services and subject to inspection by the State Department or its affiliates or assigns, including the city.

(2) A studio shall not locate within 300 feet of a church, school, residential zoning district, or another studio, as measured along the property lines of street front and from property line to property line.

(3) Hours of operation shall not extend beyond midnight, and shall not start before 6:00 a.m.

25. Temporary on-site storage unit or container standards. Approval is subject to the following conditions:

a. Temporary on-site storage unit or container used for moving.

b. The owner of the property on which the temporary on-site storage unit or container is to be placed shall obtain a permit before placing the temporary on-site storage unit or container on the property.

(1) The general location of the temporary on-site storage unit or container shall be shown on the permit or supporting documents.

(2) The temporary on-site storage unit or container shall be placed on the driveway at the farthest point from the street. Temporary on-site storage unit or containers are prohibited upon any public right-of-way or unpaved surface within the property such as a yard.

(3) On a lot or property zoned SF or MF-1, use of temporary on-site storage unit or container(s) are subject to the following restrictions:

(a) No property shall have more than two temporary on-site storage unit or containers at the same time; and

(b) No more than two times within a calendar year; and

(c) No more than ten consecutive days.

c. Temporary on-site storage unit or container used for remodeling. The owner of the property on which the temporary on-site storage unit or container is to be placed shall obtain a permit with any building permit required for the remodeling before placing the temporary on-site storage unit or container on the property.

(1) The general location of the temporary on-site storage unit or container shall be shown on the permit or supporting documents.

(2) The temporary on-site storage unit or container must be removed within seven days of the final inspection of the work associated with the temporary on-site storage unit or container or 150 days after the permit is issued, whichever is soonest.

(3) The general location of the temporary on-site storage unit or container shall be shown on the permit or supporting documents.

(4) The temporary on-site storage unit or container shall be placed on the driveway at the farthest point from the street.

(5) Temporary on-site storage unit or containers are prohibited upon any public right-of-way or unpaved surface within the property such as a yard.

26. Tobacco, vapor, e-cigarette store standards.

a. A specific use permit (SUP) may be required according to the Permitted Use Chart

b. Approval is subject to the following condition: The establishment shall not be within 1,000 feet of a church, public or private school or day care, or hospital.

(1) When measuring between the establishment and a church, public or private school or day care, the distance will be measured from the nearest property lines.

(2) When measuring between the establishment and a hospital, the distance will be measured from the nearest doorways by which the public may enter the places of business, along street lines and in direct lines across intersections.

27. Wireless communications facilities standards.

a. Purpose. Wireless telecommunication facilities used in transmitting and receiving signal energy are essential and promote the health, safety, and general welfare of the citizens of the city. The purpose of this subsection is to govern the placement of these facilities to:

(1) Regulate wireless telecommunications as an essential utility necessary to maintain the economy and quality of life in Cleburne;

(2) Promote the aesthetic quality of the city as a significant aspect of the health, safety, and general welfare of the community and minimize impacts and potential impacts of wireless communications facilities with respect to community aesthetics;

(3) Encourage operators of antenna facilities and antennas to locate facilities in areas where the adverse impact on the community is minimal;

(4) Encourage co-location on both new and existing antenna facilities;

(5) Encourage operators of antenna facilities and antennas to configure facilities in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques;

(6) Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently.

b. Standards and applicability. The following regulations apply to all antenna facilities, including towers, and antennas located within any district:

(1) Accessory building.

(a) An accessory building associated with a facility or an antenna must be screened and landscaped in accordance with this subsection and maintained according to subsection 4.01.

(b) If the building is accessory to an antenna attached to an existing building, the accessory building must be finished in materials that are consistent with the existing building to which the antenna is attached.

(2) Driveway surfaces. All driveways accessing any facility site or equipment enclosure must be paved with asphalt or concrete pavement meeting the same specifications as a commercial driveway.

(3) Screening and landscaping. Yards or enclosures incorporating ground-mounted equipment associated with an antenna support structure such as a tower must be screened from view of public right-of-way and abutting property by one or both of the following methods:

(a) A masonry wall a minimum of six feet in height constructed of brick, stone, cement fiber panel, or CMU; or

(b) Painted or rustproof wrought iron or tubular steel surrounded by a row of evergreens planted a maximum of ten feet on center and growing to a minimum height of six feet at maturity.

(4) Lights. No outdoor lighting is allowed on antennas located with property zoned residential with the exception of official lighting required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(5) Construction standards.

(a) Before an applicant begins construction of a tower, antenna support structure, antenna installation, or mast, the Building Official must review and issue a permit for the installation.

(b) The tower, antenna support structure, antenna installation, or mast must be installed according to the manufacturer's recommendations or under the seal of an engineer licensed in the State of Texas to approve construction plans for wireless facilities.

(6) Limitation on structure type.

(a) The Building Official may permit a new antenna support structure as a stealth facility or a self-supported monopole.

(b) Existing permitted antenna support structures that are not stealth or monopole, including lattice and guyed towers, may be maintained and continue in use but shall not be relocated or increased in height and are considered nonconforming structures (see subsection 3.07).

(7) Antenna capacity. An antenna support structure or facility is limited to the number and size of antennas allowed under any of the following:

(a) The antenna facility manufacturer's designs and specifications for maximum wind load requirements;

(b) Specifications approved by an engineer licensed in the State of Texas to approve construction plans for wireless facilities; or

(c) Applicable regulations adopted by the city under the International Building Code.

(8) Prohibition on construction in easements. No antenna support facility may be placed within an existing easement except in accordance with adopted City Code.

(9) Abandoned or damaged wireless facility.

(a) The Building Official is authorized to issue notice ordering the repair or removal of an antenna, antenna support structure including a tower, or accessory building that is damaged, abandoned, or not in use for a period of 30 consecutive days.

(b) The owner of the antenna, antenna support structure, or accessory facility must remove the facility within 30 calendar days following notice by the Building Official.

(c) The Building Official is further authorized to immediately remove any antenna, antenna support structure, or accessory building that constitutes a threat to public safety or health due to damage, disrepair, or neglect.

(10) Construction on platted lot.

(a) The Building Official may only issue a permit for construction of an antenna support structure or accessory building on a platted lot.

(b) No part of an antenna, antenna support structure, or other accessory building may extend beyond the property lines of the lot on which the facility is located.

c. Facility types and location.

(1) Amateur radio and TV antennas. Amateur radio and TV antennas are permitted as an accessory use in any zoning district. In compliance with the following regulations:

(a) Permitted antenna support structures. An amateur radio or TV antenna may be attached to a building, monopole tower, or lattice tower.

(b) Antenna height.

(i) Monopole or lattice tower height. The maximum height of an antenna or antenna support structure is 35 feet unless the Board of Adjustment approves a special exception to allow a greater height (see subsection 6.03).

(ii) Attached antenna height. The maximum height of an antenna mounted to a building is eight feet above the highest point of the building to which the antenna is attached.

(c) Setbacks. The following minimum setbacks apply to amateur radio and TV antennas and antenna support structures:

(i) Antennas and antenna facilities are prohibited in the front and side yard.

(ii) Guy wires are prohibited in front yards but permitted in the side and rear yard.

(iii) Setbacks for antennas and antenna support structures are the same as setbacks required for accessory buildings in the same district.

(d) Separation. There is no minimum or maximum separation requirement for antennas or antenna support structures from other structures on the same lot.

(e) Lighting.

(i) Luminaires that rise higher than 20 feet from the ground are prohibited on antennas or antenna support structures located in or abutting a property developed as residential or mixed-use.

(ii) Lighting must comply with subsection 4.04, except lights or lighting that is required by the Federal Aviation Administration or the Federal Communications Commission.

(2) Satellite receive-only antenna.

(a) Size limits in residential and nonresidential districts. A satellite receive-only antenna is permitted as an accessory use in any zoning district under the following conditions:

(i) A satellite receive-only antenna is not permitted in the front yard of any property.

(ii) A satellite receive-only antenna shall not exceed one meter in diameter on a property zoned SF-6, SF-7, SF-10, or SF-20.

(iii) A satellite receive-only antenna shall not exceed two meters in diameter in all other zoning districts.

(b) Limitation on number of antennas. Each lot property is limited to one freestanding satellite receive-only antenna and two roof-mounted receive-only antennae.

(c) Maximum height. The maximum height of a satellite receive-only antenna from the base to the highest point is ten feet.

(d) Separation. There is no minimum or maximum separation requirement for satellite receive-only antennas or antenna support structures from other structures on the same lot.

(e) Required screening. Ground-mounted satellite receive-only antennas must be screened from view from abutting properties by at least one of the following methods:

(i) An opaque fence; or

(ii) A row of evergreen plants rising to a height of a least six feet at maturity.

(3) Other wireless facilities.

(a) Location classification. For the purpose of determining the appropriate locations for the placement of antennas and antenna support structures other than amateur radio, TV, and satellite receive-only antennas, the city is classified into land use areas based on the sensitivity of uses to these facilities:

(i) Interior Industrial (I-I) describes any property within the CI or I Zoning Districts that is located more than 1,000 feet from any district other than CI or I.

(ii) Exterior Industrial (E-I) describes any property within the CI or I Zoning Districts that is located 1,000 feet or less from any district other than CI or I.

(iii) Full Commercial (F-C) describes property within the NC, LC, RC, or MU Zoning Districts that is located more than 600 feet from the A, SF-6, SF-7, SF-10, SF-20, MF-1, MF-2, or IH District.

(iv) Edge Commercial (E-C) describes property within the NC, LC, RC, or MU Zoning Districts that is located 600 feet or less from the A, SF-6, SF-7, SF-10, SF-20, MF-1 MF-2, MF, or IH District.

(v) Wireless Corridor (WC) describes property within 75 feet of the right-of-way of a freeway or a principal or minor arterial roadway, as indicated on the city's Thoroughfare Plan.

(vi) Developed Residential (DR) describes property within the A, SF-6, SF-7, SF-10, SF-20, MF-1 or MF-2 Districts, which:

i. Is a recorded subdivision or final plat that has had at least one building permit for a residential dwelling;

ii. Is within the exterior walls of an existing principal building used as a residential dwelling, including garages and enclosed porches; or

iii. Is within 600 feet of areas described in i. or ii. above.

(vii) Undeveloped Residential (UR) describes property within the A, SF-6, SF-7, SF-10, SF-20, MF-1 or MF-2 Districts, that:

i. Does not have a recorded subdivision or final plat; or

ii. Is a recorded subdivision but has not had a building permit issued for a residential dwelling; and

iii. Is not located within the area described as DR above.

(viii) Overlay (O) describes property listed as an overlay in subsection 2.04.

(ix) In the event of a conflict between one or more locations listed in this subsection 3.04.B.27.c(3)(a), the strictest requirement prevails.

(b) Facility classifications. For the purpose of determining the appropriate locations for the placement of antennas and antenna support structures other than amateur radio, TV, and satellite receive-only antennas, facilities are classified into types based on their impact:

(i) One hundred thirty-foot monopole.

i. This classification describes a monopole tower that is more than 90 feet but not more than 130 feet in height.

ii. One hundred thirty-foot monopole towers must be designed to accommodate antenna co-locations by two or more additional operators. The applicant must design the tower to reserve space within the tower structure and the equipment yard for multiple operators.

(ii) Ninety-foot monopole.

i. This classification describes a monopole tower that is more than 60 feet but not more than 90 feet in height. Antennas may extend up to five feet above the highest point of the monopole.

ii. Ninety-foot monopole towers must be designed to accommodate at least one other antenna co-location. The applicant must design the tower to reserve space within the tower structure and the equipment yard for at least one additional operator.

(iii) Sixty-foot monopole. This classification describes a monopole tower that is not more than 60 feet in height. Antennas may extend up to five feet above the height of the monopole.

(iv) Level 4 stealth facility describes an antenna mounted on an existing structure such as a building, water tower, clock tower, steeple, sign, high-voltage tower, or light pole.

A facility is a Level 4 if the antenna and support structure are not screened or hidden.

(v) Level 3 stealth facility describes an antenna mounted on an existing structure such as a building, water tower, clock tower, steeple, sign, or light pole. A facility is a Level 3 if the antenna, support structure, and ancillary equipment such as conduit are disguised with paint or permanent finishes that match the colors or exterior materials of the building or structure to which the antenna is mounted.

(vi) Level 2 stealth facility describes an antenna mounted to a monopole or an existing structure such as a building, water tower, clock tower, steeple, sign, or light pole. A facility is a Level 2 if the antenna, support structure, and ancillary equipment such as conduit are disguised as a manmade or natural object such as a tree, light standard, symbol, or art.

(vii) Level 1 stealth facility describes an antenna mounted to a monopole integrated into an existing structure such as a building, clock tower, steeple, sign, flagpole, or light pole. A facility is a Level 1 if the antenna, support structure, and ancillary equipment such as conduit are completely invisible.

(c) Permitted locations. Antenna facilities described in subsection (b) above are allowed in accordance with Table 4: Allowed Facilities by Zoning District.

Table 4: Allowed Facilities by Zoning District

	I-I, Interi or Indust rial	E-I, Exteri or Indust rial	F-C, Full Comm.	E-C, Comm. Edge	WV, Wirele ss Corrid or	UR, Undev. Res.	DR, Dev. Res.	O, Overla y
Monopole
130 foot	P	S	S	X	X	X	X	X
90 foot	P	P	P	S	S	X	X	X
60 foot	P	P	P	P	P	S	X	X
Monopole
Level 4	P	P	P	P	P	S	X	X
Level 3	P	P	P	P	P	P	S	S
Level 2	P	P	P	P	P	P	S	S
Level 1	P	P	P	P	P	P	S	S
P = facility is administratively permitted; S = facility is permitted by special exception; X = facility is not permitted

d. Application and review.

(1) Information required for all wireless communications facilities. The applicant for a new wireless communications facility, including free-standing towers and those attached to an existing structure, must provide the following information:

(a) Written description of the facility and the building or property on which the facility is proposed.

(b) Drawings of all equipment, structures, and antennas, including photo simulations of the facility after it is installed.

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(c) Analysis of coverage provided by existing facilities within a three mile radius that demonstrates the gaps in coverage that the proposed facility will address.

(d) Name(s) of the telecommunications providers or other users of the facility.

(e) Information on whether the facility will connect to other existing facilities and the identity of the backhaul provider.

(2) Review and approval.

(a) For applications listed as "P" in Table 4: Allowed Facilities by Zoning District, the Building Official will review the application in accordance with the procedures listed in Chapter 150 of the Cleburne Code of Ordinances.

(b) Following approval, the permit to construct the facility will remain valid for a period of 90 days. If the applicant has not begun construction of the facility after 90 days, the permit approval is void.

e. Additional information required for specific use permit. In addition to the information required in subsection 5.09, the Zoning Administrator may require the following during the review of the specific use permit:

(1) Analysis of potential co-location on existing facilities and the location of these existing facilities. The analysis must include a written description of efforts made to collocate on these facilities and an explanation of why existing facilities are infeasible for co-location, including any reports, studies, or correspondence between the applicant and the owner or operator of the existing facility.

(2) A written statement addressing co-location or use of the proposed facility by other telecommunications providers.

(3) A written description and documentation of any efforts made to locate the facility in alternate locations not within the boundaries of an area that requires a specific use permit.

f. Consideration of specific use permit. In considering the request, the City Council may consider the following:

(1) The effect the wireless facility may have on the value of the surrounding property.

(2) The potential for interference with the enjoyment of the use of surrounding properties.

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(3) The aesthetics of the proposed facility, including the effectiveness of stealth techniques in shielding antennas and other equipment from view and the need for ongoing maintenance of stealth devices.

(4) The proposed height of the antenna facility.

(5) The zoning district and the adjoining zoning districts of the property for which the specific use permit is sought.

(6) The unique conditions of the subject property or location.

g. Approval of specific use permit. The City Council, by simple majority, may vote to approve a requested application subject to the finding that co-location of this facility with a nearby existing antenna facility is technically not feasible and that the application for specific use permit complies with the following conditions:

(1) The wireless facility will permit co-location of other operators on the facility and will proactively notify other potential providers of the ability to co-locate on the facility;

(2) The wireless facility will accommodate other providers on the facility;

(3) The applicant has identified its backhaul provider connecting antenna sites; and

(4) The applicant will give notice to the city identifying any provider who co-locates on the facility and identify its backhaul provider.

27. Dwelling, single-family (detached). A detached single-family dwelling may be constructed in the D District subject to the minimum standards and requirements of the SF-6 District.

28. Dwelling, single-family (attached - duplex).

a. A specific use permit may be required according to the Permitted Use Chart.

b. Approval is subject to the following conditions. A lot of record that is zoned within the MF-1 or MF-2 Districts that cannot comply with the minimum lot area requirement may be developed as a duplex subject to the minimum standards and requirements of the D District.

3.05. Location and Arrangement of Buildings.

A. Residential buildings on lots for single-family.

1. Each lot zoned SF-6, SF-7, SF-10, or SF-20 shall contain no more than one principal building for use as a single-family dwelling or other approved use (see subsection 3.03 Use Chart).

2. Principal buildings must have direct access to and from a public street, approved access easement, or as provided in subsection 5.03 Alternative Compliance.

B. Buildings on lots for multi-family, mixed-use, and nonresidential uses.

1. Each lot zoned to a district other than those listed in subsection 3.05.A.1 may contain one or more principal buildings for any approved use (see subsection 3.03 Use Chart) provided all buildings conform to applicable requirements for open space, access, circulation, parking, and density.

2. Principal buildings must have access to and from a public street, approved access easement, or as provided in subsection 5.03 Alternative Compliance.

3. Areas used for required parking spaces and required open space are intended to benefit buildings and uses on the same lot. No abutting or neighboring building or lot may claim that the use of a parking area or open space on another lot fulfills the requirements of this Zoning Ordinance unless authorized under a shared parking agreement as provided in subsection 4.01 Landscaping Requirements or subsection 4.03 Parking Standards.

3.06. Uses with Flammable, Toxic, and Hazardous Materials.

A. A use that involves the storage, manufacture, utilization, or dispensing of substances that may cause danger to public health, safety, or welfare must operate within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code that is adopted by the city.

B. The emission of toxic or explosive vapors, dust, or aerosols into the atmosphere shall not exceed, at the boundary of the property where the emission occurs, either of the following:

1. Twenty-five percent of the lower explosive limit (LEL) sometimes also referred to as the lower flammable limit (LFL); and

2. Fifty percent of the established permissible exposure limit (PEL) or threshold limit value (TLV).

C. No flammable, toxic, or other hazardous material shall be released into or upon any utility line, holding area, pit, dump, open ground, stream, or drainage way without proper treatment under all adopted city, state, and federal guidelines.

D. No container, storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be authorized for construction until the Fire Marshal approves the container size, location, design, and construction as a part of the building permit application. The Fire Chief or their designee has the authority to deny any application that does not conform to the International Fire Code and International Building Code requirements.

E. The Fire Marshal is the official responsible for interpreting and enforcing this subsection 3.06.

3.07. Nonconformities.

A. Intent of provisions.

1. Existence of nonconformities.

a. Nonconformities are uses, buildings, structures, lots, or additions that do not conform to the standards of this Zoning Ordinance.

b. This subsection 3.07 establishes the process for bringing nonconformities into compliance with this Zoning Ordinance while respecting the property owner's rights and investment-backed expectations.

c. This subsection does not attempt to distinguish "legally nonconforming" from "illegally nonconforming."

(1) Nonconformities are considered qualified under this subsection 3.07 if the city issued a permit or otherwise allowed for their initiation or construction under regulations existing at the time a permit was issued or an allowance was made.

(2) Nonconformities that are permissible under this Zoning Ordinance but are initiated or constructed without a permit must cease operation until the city issues a permit.

(3) Nonconformities that are not permissible are in violation of this Zoning Ordinance and must be removed or cease operation immediately.

d. The property owner is responsible for demonstrating that the use, building, structure, lot, or addition in question complied with the standards in place at the time of its inception or construction and became nonconforming due to the adoption of new standards after its inception or construction.

e. If the City Council believes that a nonconforming use is harmful to the health, safety, or welfare of neighboring properties or the general public and will not comply in a timely manner with the regulations of this Zoning Ordinance, the Council may initiate the amortization of nonconforming uses process as outlined in subsection 5.10.

2. Categories of nonconformities. Nonconformities occur in three general categories, or combination thereof.

(1) Nonconforming uses. A nonconforming use occurs when an existing use is no longer allowed in a zoning district.

(2) Nonconforming structures. A nonconforming building or structure can have a lesser setback, yard width, height, or lot area or dimension requirement than required by the Zoning Ordinance.

(3) Nonconforming lots. A nonconforming lot can be nonconforming as to lot area or dimension requirement.

3. Continuation of nonconformities.

a. Nonconformities are hereby declared incompatible with the uses, structures, and lots authorized under this Zoning Ordinance.

b. It is the declared intent of this subsection that nonconforming uses and nonconforming structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

c. The owner of a nonconforming use, nonconforming structure, or nonconforming lot is only allowed to maintain, repair, or alter the use, building, structure, or lot in conformity with the provisions of this subsection 3.07.

B. Summary of nonconforming regulations.

Table 5: Summary of Nonconforming Regulations

	Action	Regulation
Nonconforming Lot	Existing platted lots	Any legally conforming existing lot platted prior to April 12, 2022 is a conforming lot (subsection 3.07.C)
Nonconforming Lot	Residential lot exemption	Minimum lot area is determined by the respective district, except that a lot, parcel, or tract having less area than required that was created prior to April 12, 2022 may be used for a single-family dwelling (subsection 3.07.C)
Nonconforming Structure	Conforming use in a nonconforming structure	A conforming or nonconforming use located in a nonconforming structure may be changed to another use that is a conforming use (subsection 3.07.D)
Prohibited expansion	A nonconforming structure shall not be expanded or increased as of the effective date of this ordinance except as provided in (subsection 3.07.E.1)
Nonconforming use expansion	A nonconforming use may expand inside an existing building (subsection 3.07.E.3)
Structure is removed from the premises	The nonconforming structure shall be considered to have been discontinued, regardless of intent (subsection 3.07.E.6)
Parking or landscaping is nonconforming	Expansion or new use must provide additional parking or landscaping, or both (subsection 3.07.F)
Total destruction	If destroyed 51% or more of previous appraised value, the structure is subject to the standards of the Zoning Ordinance (subsection 3.07.G.1)
Partial destruction	If destroyed less than 51% of previous appraised value, the owner may rebuild the structure to its previous condition (subsection 3.07.G.2)
Relocation	May be relocated within the same platted lot and must comply with all screening and setback requirements (subsection 3.07.H)
Nonconforming Use	Nonconforming use expansions and changes	The owner may not expand a nonconforming use except within an existing building. A nonconforming use may not change to another nonconforming use but may change to a conforming use (subsection 3.07.D; subsection 3.07.E.3)
	Expansion located outdoors	The owner may expand a nonconforming use located outdoors subject to restrictions (subsection 3.07.E.3.b)
	Parking or landscaping is nonconforming	Expansion or new use must provide additional parking or landscaping, or both (subsection 3.07.F)
	Nonconforming use abandonment	The nonconforming use is permanently discontinued after six months (subsection 3.07.I)
	Reinstatement of nonconforming use	The Board of Adjustment may allow the reinstatement of a nonconforming use if the owner demonstrates it was not abandoned (subsection 3.07.J)

C. Existing platted lots are conforming lots. Any existing vacant lot platted prior to the Zoning Ordinance effective date that was conforming at the time it was platted or replatted is considered a conforming lot for the purposes of constructing a single-family residence.

D. Changing uses.

1. Changing a nonconforming use to a conforming use. Any nonconforming use may be changed to a conforming use. Once a conforming use is established and the nonconforming use ceases, the use shall not change back to a nonconforming use.

2. Changing nonconforming use to another nonconforming use. A nonconforming use shall not be changed to another nonconforming use.

3. Establishing a conforming use in a nonconforming structure. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in subsection 3.07.E Expansion of Nonconforming Uses and Structures.

E. Expansion of nonconforming uses and structures. An expansion of a nonconforming use or nonconforming structure is allowed in accordance with the following provisions.

1. Prohibited expansion or reoccupation. A nonconforming use or nonconforming structure shall not be expanded or increased on or after the effective date of this Zoning Ordinance, except as provided in subsection 3.07.E Expansion of Nonconforming Uses and Structures.

2. Nonconforming use expansion in existing building. A nonconforming use may be enlarged, increased, or extended within an existing building provided:

a. No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition.

b. Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50% of the current replacement value of the building.

c. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.

3. Nonconforming use prohibited from expansion beyond existing building.

a. A nonconforming use established within any building shall not be extended to occupy any land outside the building.

b. A nonconforming use established outdoors on a platted lot may expand within the platted lot if the expansion does not increase the degree of nonconformity to applicable sections of this Zoning Ordinance or City Code regarding nuisances; emission of sound, vibration, glare, or particulate matter; height; setbacks; or outside storage located in a front yard.

4. Substandard lot, parcel, or tract and substandard replatting exemptions.

a. Substandard lots. The minimum lot requirements for the various zoning districts listed in Section 155.2 shall be in accordance with their respective districts, except that the owner of a lot having less area than required by the Zoning Ordinance may construct an authorized use if the lot was an official Lot of Record prior to April 12, 2022, or an official Lot of Record within the CI, Commercial/Industrial Flex District prior to the effective date of this ordinance.

b. Substandard parcels or tracts. A substandard parcel or tract is an unplatted piece of property that was created by a deed or other conveyance, and cannot comply with the minimum lot area and width requirements for the zoning district in which the property is located, and does not qualify as a lot of record under this Zoning Ordinance.

(1) To be entitled to the rights afforded by this subsection b, a substandard parcel or tract must be recorded in the county real property records before March 22, 1996 and must:

(a) Have an area of not less than 4,000 square feet;

(b) Be not less than 40 feet wide, or 25 feet wide for a parcel or tract in the DTC, Downtown Core Overlay, measured at the street or at the building line; and

(c) Have frontage on an existing street.

(2) A substandard parcel or tract may be used for a detached single-family residential use if the use is permitted in the zoning district in which the property is located and the parcel or tract complies with the requirements of this subsection 3.07.E.4.b.

(3) Building setback requirements.

(a) Front yard setbacks shall comply with regulations established in subsection 2.05.A or the established build line, as applicable.

(b) Rear yard setbacks shall be 10% of the lot depth or ten feet, whichever is greater.

(i) No rear yard shall be less than ten feet.

(ii) No rear yard shall be required to be more than 20 feet.

(c) Side yard setbacks shall be a minimum of 10% of the lot width, and may not be less than five feet.

(d) Corner lots with a side yard setback adjacent to a street shall be a minimum of ten feet or 20% of the lot width, whichever is less.

(4) Development of a substandard parcel or tract shall comply with all additional provisions of this Zoning Ordinance.

(5) The Building Official may issue a building permit for a substandard parcel or tract, and no plat shall be required.

(6) This subsection b does not apply if a substandard parcel or tract is used with one or more contiguous parcels, tracts, or lots for a single use or development, and the requirements of this Zoning Ordinance apply to the aggregation of the property as if the aggregation were a single parcel, tract, or lot.

(7) A substandard parcel or tract that is aggregated with other property to form a site may not be disaggregated after December 10, 2019, to form a site that is smaller than the minimum lot area requirement under subsection 2.05.A.

c. Substandard replatting exemptions. Existing lots of record that are of insufficient size to construct a single-family dwelling may be replatted with adjacent existing lots of record if the resulting lots meet the criteria listed in section 3.07.E.4.c.1 below.

(1) For properties in the SF-7 District, existing platted lots that are considered non-conforming may be replatted and approved administratively if the replat qualifies as a minor replat and all newly created or replatted lots meet at least one of the following required minimum lot dimensions listed below:

(a) Lot width;

(b) Lot depth; or

(c) Lot size.

(2) For properties in the SF-7 District, existing platted lots proposed to be replatted that qualify as a minor replat but require a variance to all three of the lot dimension requirements listed in subsection 3.07.E.4.c.1 above, must be approved by City Council, following a recommendation by the Planning and Zoning Commission, as outlined in Ch. 154 of this code.

(3) Development of a substandard replatted lot shall comply with all other requirements of the SF-7 District.

5. Expansion of nonconforming structures with conforming uses. Buildings or structures that do not conform to the regulations or development standards in the Zoning Ordinance may only increase or expand the nonconforming structure in compliance with this Zoning Ordinance. A nonconforming structure shall not increase in extent or degree of nonconformity.

6. Removal of nonconforming structure. Removal of all or a portion of a nonconforming structure, regardless of intent, forfeits the portion of the structure that was removed. The owner may not reconstruct the portion of the structure that was removed except in conformance with this Zoning Ordinance.

F. Nonconforming regarding parking or landscaping.

1. Nonconforming regarding parking requirements. This subsection 3.07.F.1 applies when:

a. A nonconforming use is replaced by a conforming use;

b. A nonconforming structure is occupied by a conforming use; or

c. An existing parking facility becomes nonconforming by the adoption of this Zoning Ordinance.

(1) Whenever a building or use is enlarged in area, number of units, seating capacity, or in any other way that increases required parking, and the parking required by the new use exceeds available parking on site by 25% or less, the building or use shall meet the applicable parking and fire lane requirements of subsection 4.03 and all newly installed parking surfaces shall meet the pavement requirements of subsection 4.03.

(2) Whenever a building or use is enlarged in area, number of units, seating capacity, or in any other way that increases required parking, and the parking required by the new use exceeds available parking on site by more than 25% but equal to or less than 50%, the building or use shall meet the applicable parking and fire lane requirements of subsection 4.03 and the entire parking area, new and existing, shall meet the requirements of subsection 4.03.

(3) If the expansion increases the required parking to more than ten spaces, the entire parking area must be fully landscaped with islands and perimeter buffers as required in subsection 4.01.

2. Nonconforming regarding landscaping requirements. This subsection 3.07.F.2 applies when:

a. A nonconforming use is replaced by a conforming use that requires additional landscaping;

b. A nonconforming structure is occupied by a conforming use that requires additional landscaping;

c. Existing landscaping becomes nonconforming by the adoption of this Zoning Ordinance; or

d. A conforming structure or use is expanded.

(1) Whenever a building or use is enlarged and does not have adequate landscaping, and the enlargement is less than or equal to 50% by area, the building or use shall meet the applicable landscaping requirements of subsection 4.01 for the enlarged area only.

(2) Whenever a building or use is enlarged and does not have adequate landscaping, and the enlargement is greater than 50% by area, the entire building and site shall meet the applicable landscaping requirements of subsection 4.01.

G. Restoration of nonconforming structures.

1. Total destruction. If a nonconforming structure is damaged or destroyed and the damage is greater than 50% of its total appraised value according to the most recent county appraisal prior to the damage occurring, the nonconforming structure cannot be rebuilt except in conformance with the Zoning Ordinance.

2. Partial destruction. If a nonconforming structure is damaged by fire, explosion, rioting, or natural disaster, or catastrophic event and the damage is 50% or less of its total appraised value according to the most recent county appraisal prior to the damage occurring, the nonconforming structure may be rebuilt to its previous condition, including dimensions and setbacks.

a. The construction must comply with all current building codes and zoning regulations in effect at the time the structure received a building permit for initial construction and for any subsequent changes, additions, or expansions to the structure that occurred following the initial construction of the structure.

b. Reconstruction must commence within 12 months of the date the damage occurred (see subsection 3.07.G.3 below).

c. If the Zoning Administrator cannot determine the applicable regulations, the Board of Adjustment shall hold a hearing and shall take evidence such as previously adopted ordinances, photographs, and tax records to determine the standards that apply to the reconstruction.

d. Any change to a dimension or a setback of the nonconforming structure may be approved by a zoning variance.

3. Reconstruction of nonconforming structure with a nonconforming use.

a. If the nonconforming structure contained a nonconforming use, the Building Official may authorize the nonconforming use to continue during reconstruction of the nonconforming structure, if the nonconforming use is conducted according to all applicable city codes.

b. If the Building Official orders the nonconforming use to cease during reconstruction of the nonconforming structure, the nonconforming use may continue after a certificate of occupancy is granted for the reconstruction, subject to d. below.

4. Failure to begin reconstruction. If the owner of a nonconforming structure fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction under the provisions of subsection 3.07.g.2, the nonconforming structure and any nonconforming use that existed within the structure is automatically discontinued and abandoned.

H. Movement of nonconforming structure. The property owner may relocate a nonconforming structure within the same platted lot, if the relocated structure complies with all other applicable requirements.

I. Abandonment of nonconforming uses.

1. A certificate of occupancy may be issued for the continuance of a nonconforming use, or to a new owner or operator of the same use, so long as the nonconforming use was legal at the time of the adoption of this Zoning Ordinance and has not been abandoned as defined in this subsection 3.07.I.

2. A nonconforming use is considered abandoned when the nonconforming use ceases for a period of six consecutive calendar months.

3. A use becomes abandoned six months after the occurrence of the first of any of the following events:

a. On the date when the use of land is physically vacated;

b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

c. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

d. On the date a final reading of water or power meters is made by the applicable utility provider(s).

4. Once a nonconforming use, including a residential use has been abandoned, the nonconforming use shall not be allowed to be reintroduced within the applicable zoning district. This prohibition of the reoccupation or reintroduction of an abandoned nonconforming use shall be enforced by the denial of building permit or certificate of occupancy applications.

5. A nonconforming use, once abandoned, may continue if reestablished in a similar building within six months.

6. Any nonconforming use that does not involve a permanent building or structure that is moved from the premises shall be considered abandoned if a similar building or structure is not reestablished within six months.

7. Unless the nonconforming use status is reinstated pursuant to subsection 3.07.J Loss of and Reinstatement of Nonconforming Use Status, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.

J. Loss of and reinstatement of nonconforming use status.

1. Loss of nonconforming use status. If the Zoning Administrator determines that a nonconforming use has met the definition of abandonment under subsection 3.07.I.3 above, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.

2. Application for nonconforming use status reinstatement.

a. The owner or operator of the abandoned nonconforming use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated.

b. Written application for reinstatement of nonconforming rights must be made within 30 calendar days after the denial of building permit or certificate of occupancy application for the nonconforming use.

3. Board of Adjustment hearing.

a. The Board of Adjustment shall hold a hearing on the requested reinstatement of a nonconforming use status within 30 calendar days of the request or the next scheduled Board of Adjustment meeting, whichever is sooner.

b. The Zoning Administrator will prepare a report with written findings. The applicant and the Zoning Administrator are jointly responsible for providing evidence in support of any findings to the Board of Adjustment.

c. Evidence in support of reinstatement may include invoices, water, sewer, or electricity usage records, or photographs or receipts demonstrating the owner's investment in maintaining the use. The failure of the owner or operator to remove on premise signs may not be used as the sole evidence of a continuing use.

d. The Board of Adjustment shall use the above abandonment criteria in deliberating the case.

4. Board of Adjustment decision. After opening the public hearing and receiving testimony from the applicant and any member of the public, the Board of Adjustment may act to approve or deny reinstatement of the nonconforming use.

5. Effect of approval.

a. Approval by the Board of Adjustment immediately reinstates the nonconforming use status and allows the applicant to obtain a building permit or certificate of occupancy if the Board of Adjustment finds that the applicant has provided sufficient evidence that the use was not discontinued for longer than six months.

b. Reinstatement of the nonconforming use status by the Board of Adjustment expires if a building permit is not applied for within 90 days of the Board action.

c. Denial by the Board of Adjustment is final.

K. Nonconformity created by acquisition of right-of-way.

1. Lawful conforming structure.

a. If a property is occupied by a lawful structure and the acquisition of right-of-way by eminent domain proceedings, dedication, or purchase by the city, county, state, or a federal agency creates a nonconforming structure, lot, or setback, the structure remains a lawful conforming structure to the extent the nonconformity results from the acquisition of right-of-way.

b. If a structure described in subsection 3.07.K.1.a is damaged or destroyed by natural causes the structure may be rebuilt.

2. When owner receives compensation for screening or landscaping.

a. If a property owner receives compensation for screening or landscaping due to right-of-way acquisition, the owner must relocate fencing or landscaping originally located on the acquired property in accordance with subsection 4.01 and subsection 4.02.

b. If the property owner contends that the right-of-way acquisition makes relocating the fencing or landscaping impractical due to insufficient room on the property, the owner may apply to the Board of Adjustment for a waiver from the requirements of subsection 3.07.K.2.a or propose to the Board that an alternative location be accepted.

3. When owner receives compensation for demolition.

a. The Building Official will not issue a certificate of occupancy for a structure if the owner has received compensation for the demolition of the structure or other curative measures until the structure meets all applicable ordinances, or the curative measures for which the owner received compensation have been completed.

b. For purposes of this subsection, CURATIVE MEASURES are those actions, corrections, repairs or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.

3.08. Accessory Buildings and Uses.

A. Residential accessory buildings and uses.

1. The following regulations apply to accessory buildings that are 120 square feet or greater on a lot developed with detached SF or duplex uses.

Table 6: Residential Accessory Building Requirements

Standard	Lots Less Than 10,000 sq. ft.	Lots 10,000 sq. ft. or Greater But Less Than 21,780 sq. ft.	Lots 21,780 sq. ft. or Greater
Maximum Square Footage of All Accessory Buildings (Combined Area)	400 sq. ft.	1,000 sq. ft.	10% of the lot or property
Maximum Height of Accessory Buildings	Buildings 400 sq. ft. or less = 12 ft.; buildings greater than 400 sq. ft. = 16 ft.
Maximum Number of Accessory Buildings	2	Unlimited	Unlimited
Maximum Allowed Accessory Building Area Coverage	Principal buildings and accessory buildings shall not exceed the allowable coverage percentage of the zoning district in which they are located.
Minimum Front Setback	Behind principal building
Minimum Side Setback	5 ft.
Minimum Rear Setback	5 ft.
Minimum Setbacks for Corner Lots	10 ft.*	15 ft.*	15 ft.*
Prohibited Locations	Accessory buildings in easements are prohibited.
Barns and other Types Livestock Housing	Accessory buildings used for sheltering livestock (e.g., chickens, hogs, horses) require a minimum of five acres and a minimum setback of 100 feet from the nearest property line and 200 feet from any dwelling on a separate lot or property.
* No accessory building may extend beyond the front plane of the main building.

2. Accessory buildings and uses incidental to other permitted uses are permitted within residential zoning districts and include private garages, carports, tool house, greenhouse, home workshop, private stables (no rental), barns, or coops (no rental), pool house associated with private swimming pool, and garden shelter.

3. Structures with roofs or coverings partially open to the sky, such as pergolas, count toward square footage and number limitations for accessory buildings but do not count towards lot coverage limitations. Accessory buildings must be fully detached from the principal building. An accessory building that is connected to the principal building is considered part of the principal building.

4. The following regulations apply to a guest house/in-law quarters within an accessory building or as a use attached to the principal building.

a. The minimum size for a guest house/in-law quarters is 350 square feet when built over a garage, and 450 square feet when built as a free-standing structure.

b. The maximum size of a guest house/in-law quarters is 1,000 square feet or 50% of the floor area of the principal building, not including the garage, whichever is less.

c. A guest house/in-law quarters may exceed the height maximum for an accessory structure in subsection 3.08.A.1 above but shall not exceed the height of the principal building.

d. The guest house/in-law quarters must be connected to the same water, electricity, and gas meter as the principal building.

e. The guest house/in-law quarters may not be constructed before the principal building has been completed.

f. Only one guest house/in-law quarters is allowed on a lot.

g. At least one additional parking space is required for a guest house/in-law quarters (see subsection 4.03).

5. Architectural elements for residential accessory buildings.

a. All accessory buildings that are 240 square feet or larger are required to have a roof pitch, surface materials, and color that resembles the pitch, materials, and color of the roof of the principal building.

b. Accessory buildings that are less than 240 square feet are not required to match the roof of the principal building but must, at a minimum, maintain a roof surface that is protected from damage and deterioration by asphalt or composition shingles or other common roofing material finished in a painted, treated, or non-reflective and rust-proof surface.

B. Residential fencing standards.

1. Fences constructed within the front yard are required to leave at least 50% transparency regardless of materials.

2. Rear or side yard fences that extend along the front yard edge of an abutting lot have the potential to block visibility from the abutting front yard and must be set back at least ten feet from the right-of-way line where it intersects the neighboring lot.

3. Prohibited materials. The following fencing materials may not be used on a lot with a residential use:

a. Corrugated metal panels;

b. Plastic, not including mold-resistant vinyl;

c. Any material that presents a danger to neighboring property owners or the public, including loose nails, broken slats or exposed nails, broken glass, or razor wire.

4. Location and height standards.

a. Minimum required separation.

(1) No fence may be constructed parallel to an existing fence unless a minimum of ten feet of separation is provided for maintenance.

(2) If the minimum separation cannot be provided, the fence may be placed on the mutual property boundary.

b. Height standards.

(1) Any fence greater than six feet in height requires a building permit.

(2) Fences within the front yard are limited to three feet at the property line.

(3) A front yard fence may be constructed up to four feet in height if every portion of the fence that exceeds three feet in height is located outside of the sight visibility triangle shown below.

C. Nonresidential accessory buildings.

1. Building façade finish. The exterior façade of all accessory buildings must match the principal building with respect to exterior materials and roof pitch.

2. Accessory building height.

a. The maximum height of a nonresidential accessory building is the same as the height of the nearest principal building on the same lot, regardless of the maximum allowable height under the zoning district.

b. The maximum floor area of a nonresidential accessory building is 50% of the floor area of the principal building.

c. The use of a nonresidential accessory building is limited to those uses shown in subsection 3.03.

D. Nonresidential fencing standards.

1. Fencing materials.

a. Fencing used on a lot with a nonresidential use must be uniform in appearance and material.

b. Upon written notice by the city, the owner of a dilapidated nonresidential fence, including fences with missing or broken panels or that deflect more than three degrees off center, must repair the fence within 30 days or as specified in the notice.

2. Location and height standards.

a. Minimum required separation.

(1) No fence may be constructed parallel to an existing fence unless a minimum of ten feet of separation is provided for maintenance.

(2) If the minimum separation cannot be provided, the fence may be placed on the mutual property boundary.

b. Height standards.

(1) Any fence greater than six feet in height requires a building permit.

(2) In the I, Industrial District, a fence may be constructed in the front yard of a nonresidential use if the fence is located entirely outside of the sight visibility triangle.

(Ord. 04-2022-34, passed 4-12-22; Am. Ord. 02-2023-09, passed 2-28-23)