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(a) Additional development controls shall be required, as follows:
(1) Holding areas for horses or dogs shall be provided in case of fire;
(2) An approved emergency plan and an approved evacuation plan shall be provided;
(3) Security plans shall be provided and reviewed by the police department;
(4) Spectator parking lots shall be 500 feet from any one- or two-family districts;
(5) Other facilities, including accessory uses and facilities such as the race track and the bleachers, shall be 1,000 feet from any one- or two-family district and from any multifamily district not a part of race track as a mixed use;
(6) The parking required shall be one space for every two spectator seats and one space for every ten square feet of spectator standing area;
(7) When located within or adjacent to any city, state or national historic district, the racetrack building and structures shall be designed to be compatible with said district;
(8) An approved solid waste disposal plan shall be provided and set into operation upon occupancy of the racetrack and its buildings and structures; and
(9) All support activities and other proposed uses, which the site may include, shall be specifically identified.
(b) In addition to site plan requirements and development controls above, the following design considerations shall be incorporated where feasible:
(1) Impact studies (such as traffic impact) on the effects of the track operations on adjacent lands. Such studies shall include setbacks; street, arterial and highway access; and buffering of properties surrounding the racetrack site;
(2) Compartmentalization of parking areas for traffic circulation and emergency vehicle circulation;
(3) Emergency vehicle access around site located at the bleachers area with connection through the spectator parking lots to the user area;
(4) Height of buildings and structures not to exceed 12 stories or 120 feet, whichever is the most restrictive; and
(5) User parking and storage area for trailers and similar vehicles with separate access than from spectator parking area.
(Ord. 23609-03-2019, § 8, passed 3-19-2019)
(a) Facilities handling, processing and loading of municipal solid waste and recyclable materials for transportation at transfer stations; storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics, rags, junk, concrete, asphalt and other materials at materials recovery facilities and recycling centers; disposal, dumping or reducing of offal or dead animals; composting for yard and wood wastes, municipal solid waste and/or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below. Provided however, a conditional use permit is required when a recycling center with outdoor processing and stockpiling, household hazardous waste or waste tire facility is within 1,000 feet of a residential district or mixed use/form-based district that includes a residential use, a "CF" community facilities district, or a public or private park as measured property line to property line of the protected zoning district or park. If an application to create a planned development district to allow one of the uses described in this section is on file with the city prior to the adoption of this section, the city may approved the planned development district, and any use permitted by that planned development district shall be a legal conforming use. For purposes of this subsection (a), such facilities are further defined by Tex. Administrative Code Title 30, Chapter 330, Municipal Solid Waste, § 330.3, and Tex. Administrative Code Title 30, Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, § 335.1. The operator shall comply with the following requirements:
(1) Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses:
a. Zoning and land use within one-quarter mile of the site;
b. Proximity to residences, businesses and other uses;
c. Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic;
d. Locations of all existing and proposed buildings, equipment and machinery;
e. Fire prevention and control;
f. Groundwater, drinking water and surface water protection including wash areas, stream or water course diversions, holding ponds and tanks;
g. Screening fences, berms, buffers and landscaping;
h. Provisions for all activities including loading, unloading, handling, processing of materials and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences; and
i. Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number and hours of operation of the facility.
(2) Obtain, maintain and have available on-site all required permits and comply with all federal, state and local regulations that relate to the collection, transportation, handling, processing and disposal of all materials for which the facility is approved.
(3) Submit and maintain on-site an operations plan that addresses:
a. Provisions for preventing unauthorized wastes and materials from being brought to the facility;
b. Procedures for identifying, handling, removing, transporting and disposing of unauthorized wastes and materials that may have been brought to the facility;
c. Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents;
d. Procedures and employee training for fire prevention and control;
e. Litter control and cleanup; and
f. Procedures for reporting and handling fuel and chemical spills.
(b) City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and local regulations, codes and ordinances. The operator and/or owner shall provide in writing for access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety.
(c) The planning and development department may not issue a certificate of occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law.
(Ord. 23609-03-2019, § 8, passed 3-19-2019)
Mining, quarrying, dredging or excavation of dirt, gravel, sand or stone, for the purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel or similar materials, subject to the following requirements:
(a) Provision of a site plan of all existing conditions, including topography at five-foot intervals, streams, lakes and other bodies of water, roadways, utility lines, structures and major vegetation, including canopy cover;
(b) Identification of any known protected species of plant, fish or animal life, or the presence of areas of historic, cultural or archeological significance. Such property that is found to be protected or of significant public interest shall not be included in any area approved for mining;
(c) Delineation of all permits and licenses (including NPDES and Texas air control board) required for the operation of such a facility, name of contact person, agency address and telephone number of all permitting agencies and verification of approval of same prior to operation;
(d) Submission of a plan of operation, including scheduling of activities, phasing, traffic generation, employees and use of explosives or other hazardous or caustic materials or chemicals;
(e) Analysis of potential impacts to adjacent properties (especially residential) due to dust, noise, water runoff and diversion, ground water alteration, silting, sedimentation, erosion, traffic and mitigation measures to control such impacts. Submittal of drainage study if deemed necessary by the department of transportation and public works. When deemed appropriate, as a mitigation measure of the site perimeter, city council may require appropriate buffering, berming, screening and landscaping greater than that required under this zoning ordinance, which shall be maintained in a proper manner at the expense of the property owner. All mitigation measures must be installed and completed prior to any physical mining of the site;
(f) Submission of plan for protection of adjacent rights-of-way and streets if mining operations are planned within 50 feet of such rights-of-way and streets, and approval of plans required from the transportation and public works director;
(g) Approvals from all utility service providers, transmission, electric and pipeline companies for work around, near or across such utility facility, including approvals for relocation of such utility facility if required;
(h) Site plan identifying all proposed structures, operating facilities, loading and wash areas, roadways, stream or water course diversions, holding ponds/tanks, temporary power lines and other site improvements;
(i) A reclamation plan, including final topography contours, at five-foot intervals, relocated stream beds, lakes, ponds and other physical features, type and depth of surface material, seeding and replanting plan for restoration of the original canopy cover of the site, including any required cross-section and engineering/construction plans as approved by the city forester or a soil conservation scientist. It is recommended that plant materials native to the site be used;
(j) Submission of a performance bond or cash payment for each phase as required under the standard contract for community facilities agreement of the city to ensure that all restoration costs in accordance with the reclamation plan of the site are met;
(k) Provision of a clearly visible sign at the entrance to the mining operation identifying the name, business address and phone number of the facility owner and operator in compliance with the requirements for on-premises signs; and
(l) City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and city regulations, codes and ordinances. The operator and/or owner of a mining operation shall provide in writing for the limited access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety. Such access approval shall be a prerequisite and part of the conditions of approval of the use.
(Ord. 23609-03-2019, § 8, passed 3-19-2019)
Small box discount store may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, the city council may consider the following criteria:
(a) The proposed location is no less than two miles from any existing small box discount store. The measurement shall be in a direct line from the property line of the proposed small box discount store to the property line of the existing small box discount store, in a direct line across intersections.
(b) A minimum of 10% of the floor area is dedicated to fresh produce, meat and dairy products.
(Ord. 23971-12-2019, § 1, passed 12-3-2019, eff. 12-11-2019)
Retail smoke shop may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, provided however, retail smoke shops are prohibited within 300 feet of schools, universities and hospitals. The measurement shall be in a direct line from the property line of the proposed retail smoke shop to the property line of the existing schools, universities or hospitals.
(Ord. 25955-01-2023, § 4, passed 1-10-2023, eff. 1-20-2023)
Boarding home facilities are permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, subject to the following conditions:
(a) In one-family districts the maximum number of residents in a boarding home facility, by right, shall be six.
(b) A boarding home facility must meet all applicable permitting requirements of Chapter 20, Article XIV, Boarding Homes of the City Code and any applicable Tex. Human Resources Code requirements.
(c) A boarding home facility may not be established within one-half mile of a previously existing boarding home facility.
(d) Compatibility standards in one-family zoning districts:
(1) There shall be no exterior display or sign with the exception that a nameplate, not exceeding one square feet in area, may be permitted when attached to the front of the main structure provided the nameplate is not illuminated and attached flat to the dwelling unit or visible through a window.
(2) No exterior construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.
(3) Front yard impervious cover shall comply with maximum percentages indicated in Chapter 6.
(e) Any residential structure converted into a boarding home facility will be required to comply With all additional city code standards including but not limited to the building code, electric code or fire code, as applicable, based on the nature of the proposed use and occupancy classification.
(f) Motor vehicles on premises. Residents of a boarding home facility may not keep, on the premises of a home or on the public rights-of-way adjacent to the home, more than one motor vehicle per bedroom for the use of residents of the home.
(Ord. 26358-08-2023, § 6, passed 8-8-2023)
A bar or tavern may be permitted in the high intensity mixed- use ("MU-2") district subject to the following conditions:
(a) Bars or taverns 2,000 square feet or less are allowed by right in the MU-2 district.
(b) A conditional use permit shall be required if the bar or tavern is larger than 2,000 square feet where alcohol is served or consumed.
(c) A bar or tavern that was lawfully in existence on the effective date of this section shall be granted nonconforming status. The building official shall maintain a register of all certificates of occupancy for bars and taverns made nonconforming after the effective date of this section. The building official shall determine maximum occupancy allowed where alcohol is served or consumed for nonconforming bars and taverns.
(d) Nonconforming status shall be retained when:
(1) Renewing a Texas Alcohol and Beverage Commission (TABC) permit or license; or
(2) The sale or transfer of the business/premise requires a new TABC permit or license is required; or
(3) Maintaining, repairing or making alterations that do not exceed the occupancy allowed in the registry maintained by the building official.
(e) Nonconforming status shall terminate when:
(1) The TABC permit or license is terminated and a bona fide application for a new license or permit is not filed with TABC within two years of the prior permit or license expiration; or
(2) The use has been changed to a conforming use in the MU-2 district; or
(3) The use is altered or expanded such that the occupancy exceeds the maximum allowed in the registry maintained by the building official; or
(4) Restoration of a building destroyed by fire, explosion or other casualty, or act of God exceeds 75% of the building's reasonable value.
(Ord. 26445-09-2023, § 1, passed 9-12-2023, eff. 9-26-2023)
A shelter may be permitted in accordance with the use tables of Appendix A, Chapter 4, Articles 6 and 8, provided it shall not be located within a one-mile radius of existing shelters on East Lancaster Avenue or within one-mile of the Historic Southside Neighborhood (generally illustrated in Appendix B, Exhibit B.37). The board of adjustment shall have no authority to grant any variance to the distance limitation.
(Ord. 26652-12-2023, § 1, passed 12-12-2023, eff. 1-9-2024)
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