§ 155.099  SPECIAL CONDITIONS.
   (A)   General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the ordinance. A building permit or certificate of occupancy shall not be issued for any permitted use with "Special Conditions" until all of the required conditions have been met.
   (B)   Special conditions by use.
      (1)   Zero lot line dwellings. Zero lot line dwellings shall meet each of the following structural restrictions:
         (a)   No window, door or any kind of opening shall be allowed in the zero lot line wall.
         (b)   A three foot overhang easement shall be secured from owner of property adjacent to the zero lot line wall in the event that the eave projects beyond the zero lot line into the adjacent property.
         (c)   A ten foot maintenance easement shall be secured from owner of property adjacent to the zero lot line wall.
         (d)   A minimum of ten foot building separation between zero lot line dwellings.
         (e)   A minimum of ten foot building separation shall be provided between any zero lot line dwelling and abutting single, two-family, or multiple family dwellings.
         (f)   No zero lot line dwellings are allowed to be located on a lot line that abuts a public right-of-way or private alley.
      (2)   Townhome, multi-family dwelling or apartment.
         (a)   All structures shall have a minimum roof pitch of 4/12.
         (b)   Dumpster setback. All dumpsters shall set back at least 50 feet from any abutting Single-family Residential Districts.
         (c)   No private recreation facilities for multi-family residential developments shall be located within landscape buffer yards, street landscape setback or any required landscaped areas.
         (d)   No boats, motor homes, trailers, recreational vehicles, motor homes, towed trailers or similar vehicular equipment shall be parked or stored on the property of any multi-family residential development. In case of an apartment or other rental housing development, this requirement shall be incorporated into the rental contract.
         (e)   Lighting requirements. Sufficient lighting shall be installed by the developer at all driveway entrances from public streets, driveway intersections, parking lots and throughout the multi-family residential development per the Illumination Engineering Society's standards on illuminance levels for safety.
         (f)   Pavement specifications. All parking areas and driving lanes shall be constructed with five inches of concrete pavement on a scarified and compacted subgrade. All dumpster pads and loading area in front of dumpsters shall be constructed with six inches of concrete pavement on a scarified and compacted subgrade. The concrete pavement shall be reinforced with  inch steel bars spaced 24 inches on center each way or six by six, #6 gauge welded wire fabric. An approved paving fiber may be substituted for the reinforcing steel. Chairs shall be used to support reinforcement.
         (g)   Access. Principal access to multi-family residential developments shall be restricted to minor collector or larger streets. The primary connection from such access to major collectors or larger streets shall not pass through any street that is bordered on both sides by one of the Single-family Residential Districts or a combination of those districts.
         (h)   No single structure shall exceed 300 feet in length.
      (3)   Manufacturing housing or camping trailer. A manufactured home or camping trailer shall be permitted only in a manufactured home rental community or a manufactured home subdivision or an approved campground or recreational vehicle park.
      (4)   Hotel and motels.
         (a)   To be classified as a hotel or motel, an establishment must meet each of the following requirements:
            1.   The establishment shall contain a minimum of 20 individual guest rooms or units and an office.
            2.   The establishment shall furnish customary hotel service, including but not limited to laundry service, linen service, telephone, maid service, use of and up-keep of furniture.
            3.   The establishment shall maintain a register of guests, however, no guest shall be registered for more than 30 consecutive days.
            4.   Guest rooms shall not be used in any form or manner as a permanent residence.
         (b)   Hotels or motels shall provide interior access to guestrooms. The use of exterior corridors on hotels or motels on any exterior facade of the building shall be prohibited. Exterior access to guestrooms shall only be permitted for rooms facing a courtyard that is enclosed on four sides by the hotel or motel building.
         (c)   Outdoor recreational facilities at hotels and motels such as swimming pools, sports courts and playgrounds shall be located behind the building, or if located on the side of the building shall not be forward of the front building elevation that is closest to the street. The facility must be screened from view of public rights-of-way by fencing, landscaping, or a combination of these. Wood or chain link fencing shall not be permitted.
      (5)   Residential accessory buildings.
         (a)   An accessory building may be attached or semi-attached to, or detached from the main residential building. Permitted uses or buildings accessory to a single or two-family dwelling, apartment house or farm shall include, but are not limited to the following:
            1.   Single or two-family dwelling. A private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home work shop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business.
            2.   Apartment. Private recreational facilities as defined and regulated under division (B)(7) below, employee's washroom, a manager's apartment and office, and laundry. The manager's apartment may be used as an office, but such facility shall be included in computations of lot area requirements. The laundry room may be used for clothes washing and drying facilities for the exclusive use of the tenants and no exterior advertising of such uses may be permitted.
            3.   Farm. A barn, poultry house, stable, machinery shed, granary or other buildings used for the storage or housing of usual products and animals raised or maintained on a farm.
         (b)   An accessory building for the purpose of maintaining property or livestock may be erected prior to the construction of a principle building or use in a PR or residential district provided that it meets the requirements below. Notwithstanding any other requirements in this chapter, an accessory building for the purposes stated hereinabove may be erected prior to the property being included in an approved plat. Further, an accessory building may be erected on property zoned for non-residential purposes, provided that such property contains more than 50 acres. When used in the divisions here-in-below, the term "property" shall mean an area or tract(s) of land contained in one recorded deed on file in the Deed Record Office of the county in which the property is located.
            1.   A minimum of three acres of land shall be required.
            2.   The accessory building must setback a minimum of 75 feet from all property lines and 150 feet from any adjacent residential structure. Accessory building used for horses or other animals must conform with the requirements set forth in divisions (B)(14)(d), (e), (f), (g), (h) and (i) below.
            3.   The size of the accessory building shall be no larger than 1,500 square feet.
            4.   The accessory building shall be removed from the property within 24 months from the time that 50% or more of the property is included in an approved final plat, unless the accessory building complies with all applicable regulations in this chapter and serves a principle building or use occupying the same lot or premises as the accessory building.
         (c)   An attached or semi-attached accessory building shall be made structurally a part of and: (1) have a common wall with the main residential building; or (2) have a continuous roof assembly and common attic with the main residential building. Attached or semi-attached accessory buildings shall comply with the setback, height, lot coverage, masonry construction and all other provisions of this chapter applicable to the main residential building. Attached or semi-attached accessory buildings shall not be subject to divisions (d) through (p) below.
         (d)   An accessory building that is not attached to the main residence by a common wall or continuous roof assembly with a common attic shall be considered a detached accessory building and shall comply with the regulations set forth in the following divisions.
         (e)   One detached garage may be built with the main residential building as part of the original building permit for the main residential building under the following regulations:
            1.   The detached garage shall be located at least 50 feet behind the front facade of the main residential building that is closest to the street, at least five feet from the side property line, seven and one-half feet from the rear property line and must not encroach upon any pre-established building lines or easements.
            2.   The detached garage shall not be higher than 20 feet or the main residential building, whichever is less.
            3.   The combined square footage of the detached garage and the main residential building shall not exceed the maximum lot coverage for the district in which the property is located.
            4.   The detached garage shall be constructed of the predominant building material (i.e., brick, stone, siding, etc.) used on the main residential building.
            5.   Any additional detached garages built with the main residential building or detached garages that are built after the issuance of the building permit for the main residential building shall be subject to the provisions set forth in divisions (f) through (p) below.
            6.   On property where a detached garage was constructed at the same time as the main residential building, other accessory buildings or structures shall be permitted, subject to the regulations set forth in divisions (f) through (p) below.
         (f)   Accessory buildings or structures shall not exceed the maximum square footage for each zoning district as depicted in the following table.
 
Zoning District
Maximum Total Square Feet For All Accessory Buildings or Structure*
2F
120 sq. ft.
SF-6/12
200 sq. ft.
SF-7.5/12
200 sq. ft.
SF-7.5/16
200 sq. ft.
SF-7.5/18
200 sq. ft.
SF-8.4/16
400 sq. ft.
SF-8.4/18
400 sq. ft.
SF-9.6/20
400 sq. ft.
SF-12/22
400 sq. ft.
A
2% of the total area of the lot
SF-5AC/24
2% of the total area of the lot
 
            *Where the area of a lot in any SF district exceeds the minimum required lot area for that district, accessory buildings or structures may conform to the maximum total square footage limits established in division (B)(5)(g) below.
         (g)   Notwithstanding the above, accessory buildings or structures for single-family homes in the PR, 2F and MF-1 Districts shall conform to the maximum square footage limit for accessory buildings or structures shown below.
 
Area of the Residential Lot
Max. Total Sq. Ft. for All Accessory Buildings or Structures
Less than 8,400 sq. ft.
200 sq. ft.
Between 8,400 sq. ft. and 19,999 sq. ft.
400 sq. ft.
20,000 sq. ft. or greater
2% of the total area of the lot
 
         (h)   The maximum square footage limits shown hereinabove shall be cumulative of all accessory buildings or structures for each lot. The square footage within a loft or attic shall be excluded from the calculation of maximum square footage of an accessory building or structure.
         (i)   Accessory buildings or structures for duplexes and townhomes in the MF-1 and MF-2 districts shall conform to the standards established for accessory buildings or structures in the 2F District.
         (j)   Accessory buildings or structures for multi-family apartments or dwellings in MF-1 and MF-2 Districts shall comply with the area, height and setback standards for the principal buildings in such districts.
         (k)   Accessory buildings or structures shall comply with the minimum setback from the property line as depicted in the table below in conjunction with the height of the accessory building or structure. Accessory buildings or structures shall be limited to one story, and may have a loft or attic, provided that such loft or attic is not used as habitable space. The height of accessory buildings or structures shall be measured from the ground to the highest point of the building or structure.
 
Max. Accessory Building Height
Minimum Setbacks
Min. Rear Yard
Min. Side Yard
8'
7.5'
5'
10'
9.5'
7'
12'
11.5'
9'
 
         (l)   Accessory buildings or structures may be located in the side yard provided that they meet the minimum height/setback requirements described in division (B)(5)(k) of this section and that they are at least 75 feet from the front property line or behind the rear facade of the main residential building that is furthest from the street.
         (m)   On double frontage lots, accessory buildings or structures may be located within the 25 feet rear yard setback provided that they meet the minimum height/setback requirements described in division (B)(5)(k) of this section.
         (n)   On corner lots that back up to the rear yard of another lot, accessory buildings or structures may be located within the exterior side street setback provided that they meet the minimum height/setback requirements described in division (B)(5)(k) of this section. No accessory building or structure shall be permitted within the exterior side street setback of a lot that backs up to the side yard of another lot that faces the side street.
         (o)   A minimum distance of five feet from accessory buildings or structures to the house and to other accessory buildings or structures shall be required. No minimum separation shall be required for accessory buildings or structures with an area of 120 square feet or less.
         (p)   The Board of Adjustment may grant a special exception to allow an increase in the maximum area or height, or a reduction of the minimum setback requirements for accessory buildings or structures, subject to the conditions established in § 155.082(E)(6).
      (6)   Home occupation. A home occupation is permitted when the occupation or activity conducted within a dwelling unit is clearly incidental and subordinate to the use of the premises for dwelling purposes and provided that:
         (a)   No retail business of any sort is involved.
         (b)   No stock in trade is kept nor commodities sold except those made or used on the premises.
         (c)   Only members of the family residing on the premises are employed.
         (d)   No internal or external alterations, special construction or features are involved.
         (e)   There is no advertising of any type on premise and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings.
         (f)   No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare, x-ray, or electrical disturbance to radio or television. In particular, a home occupation includes the following and similar uses: artist's studio, dressmaking and millinery; limited professional practice provided no clients or customers are permitted on the premises (such as lawyer, engineer, architect or accountant); music teaching limited to not more than two pupils at one time; the keeping of up to four children under the age of 16 years at any one time apart from their parents, guardians or custodians for regular periods of time for compensation, provided that the total number of children under the age of 16 years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight.
         (g)   Repair of automobiles for a fee shall not be permitted as a home occupation.
      (7)   Private recreation facility. Private recreation facilities in residential districts shall, for multi-family residential developments, subdivisions, or homeowners associations, be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowner's association and their guests, and shall include but not be limited to such uses as swimming pools, open game fields, common green areas or open space, basketball, shuffleboard, racquet ball, croquet, and tennis courts, and meeting or locker rooms. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one parking space for each 4,000 square feet of area devoted to recreational use with a minimum of four spaces.
      (8)   Reserved for future use.
      (9)   Swimming pool. All public, private and commercial pools including those permitted as private recreation facilities shall conform to the following provisions:
         (a)   If located in any residential zoning district, the pool shall be intended and used solely for the enjoyment of the occupants of the principle use of the property on which it is located and their guests.
         (b)   A swimming pool may be located anywhere on a premise except in the required front yard, provided that the water's edge of the swimming pool shall not be located closer than five feet to any side property line or seven and a half feet to any rear property line, or within any easement. Swimming pool pump and filter installations shall not be located within the front yard or any public easement and shall be screened from adjacent property and public streets.
         (c)   The swimming pool shall be enclosed by a wall or fence as set forth in § 155.092.
      (10)   Private utility shop or storage. Shall not be permitted to be used for commercial or business purposes, whether full time or part time, and not including the storage of junk or hazardous materials, equipment or vehicles not customarily associated with a residence.
      (11)   TV dish antenna. Permitted only if located in the rear of a main building on the same lot and only if conforming with all yard requirements as provided for accessory buildings in § 155.055(C).
      (12)   Private stable. All private stables shall conform to the requirements as set forth for commercial stable in divisions (14)(c), (d), (e), (f), (g), (h) and (i) below. If the private stable is located on a lot or tract of land with less than three acres, a specific use permit shall be obtained by the property owner in accordance to the provisions of § 155.080 prior to the construction of the stable.
      (13)   Stable, riding club. All stables owned by a riding club shall conform to requirements as set forth for commercial stables in divisions (14)(c), (d), (e), (f), (g), (h) and (i) below.
      (14)   Commercial stable. All commercial stables shall conform to the following requirements:
         (a)   No commercial stable shall be permitted if its existence would be incompatible with surrounding residential land uses and zoning.
         (b)   The minimum lot size area shall be 200,000 square feet.
         (c)   If any horses (including horses, ponies, mules, donkeys and other animals used for riding) are kept outside of any building, the maximum number of horses permitted shall be in accordance with the following schedule:
 
Number of Horses
Minimum Area
1
15,000 sq. ft. (1/3 acre)
2
21,780 sq. ft. (1/2 acre)
3
1 acre
each additional horse
1/2 acre
 
         A minimum of 800 square feet of space shall be provided for each horse kept within a corral or any outside animal retainment area.
         (d)   If all horses (and other riding animals) are kept inside a building, the maximum number of horses permitted shall be limited to the building capacity to house, show, and ride said horses. A minimum area of 100 square feet shall be provided for each horse kept under roof.
         (e)   Stables, corrals, animal enclosure and retainment structures, feed, and bedding shall be located 75 feet from any lot line and 150 feet from any residential structure in order to minimize odor and nuisance problems. Open pasture may extend to the lot line.
         (f)   Adequate and secure fencing shall be provided around all animal retainment areas to prevent unwanted trespassing onto adjacent properties. All fencing must be a minimum of five feet high and of sufficient strength to retain animals and maintained in good condition. All gates must be kept closed at all times.
         (g)   A vegetative strip at least 50 feet wide shall be maintained between any corral, animal retainment structure, and any surface water or well in order to minimize runoff, prevent erosion, and promote quick nitrogen absorption.
         (h)   In an area with a slope of 5% or more, corrals and animal retainment structures shall be 150 feet from a well and 200 feet from any natural drainage, unless the water is upgrade or there is adequate diking as determined by the Building Inspector.
         (i)   Premises must be maintained in such a manner as not to create a health nuisance. Corrals and stables shall be maintained in clean, sanitary condition at all times, and sprayed periodically to prevent the breeding of flies and insects. Refuse and manure must be collected daily, and placed in fly and rat proof containers and disposed of weekly.
         (j)   Parking stalls required are one stall per every two horses (or other riding animals) based on the number of horse stalls or maximum horses allowed on the property, plus one per every employee on the largest shift.
         (k)   Special events such as fat stock shows, exhibitions, and contests shall only be permitted when a temporary use permit has been granted and are subject to the requirements of § 155.081(B)(1)(b).
      (15)   Airport landing field and heliport.
         (a)   Any proposed airport or heliport shall comply with regulations of the Federal Aviation Administration or other authority qualified by law to established airport or air-traffic regulations.
         (b)   The approach zone to the airport or heliport shall be so situated as to minimize any interference and negative impact upon existing and future use of adjacent properties and to insure the safety of aircraft in landing and taking off and the safety of persons occupying or using the area within the approach zone and the security of property thereon. An approach zone, once designated during the establishment of the airport or heliport, shall not be changed in the future unless approved by the City Council.
         (c)   Off-street parking required: one space for every plane space within the hangers plus one space for every tie-down space plus one for every two employees.
         (d)   Building setbacks: any building, hanger, or other structure shall be at least 100 feet from any street or lot line.
         (e)   All repairs of airplanes and machinery shall be done inside hangers. No servicing or fueling facilities shall be included as part of a heliport. A proposed airport or heliport shall comply with any other restrictions imposed by the City Council for the safety and welfare of the general public.
      (16)   Commercial parking lot or structure. Facilities for servicing of automobiles may be included in commercial parking lots or structures provided that such facilities are primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress and egress.
      (17)   Car wash. No car wash, whether full or self service shall be permitted if its existence generates obnoxious conditions perceptible at the abutting property lines of the tract on which the facility is located.
      (18)   Auto repair garages, paint and body shops, tire changing and patching shops. Automobile repairing, painting, glass, upholstering, auto tire body and fender work shall be performed only under the following conditions:
         (a)   All body and fender repairing shall be done within a completely enclosed building or room with stationary windows, doors or other openings that may be opened only at intervals necessary for ingress and egress;
         (b)   No spray painting may be done except in a building or room specially designed for that purpose;
         (c)   All other auto repairing, glass, upholstering, and tire work shall be conducted within a building enclosed on at least three sides.
         (d)   All temporary storage of vehicles awaiting dismantling or repair and outside storage of materials or products for finishing, fabrication, and disposal, shall be completely screened from the public's view by a six foot high opaque fence.
      (19)   Reserved for future use.
      (20)   Farm, ranch or orchard. A minimum lot area of three acres or more shall be required for farm, ranch or orchard use. Stables, corrals, pens, barns, buildings and other structures used for the enclosure or retainment of farm animals shall conform to requirements as set forth in divisions (14)(e), (f), (g), (h) and (i) above.
      (21)   Establishments that sell alcoholic beverages. All establishments that sell alcoholic beverages shall conform to the following provisions:
         (a)   The sale of alcoholic beverages shall be permissible only after obtaining the appropriate licenses and/or permits in accordance with the applicable State of Texas regulations.
         (b)   When applying for a Mixed Beverage Permit from the State of Texas, a restaurant that holds a food and beverage certificate and private club permit from the Texas Alcoholic Beverage Commission prior to September 10, 2005 is exempt from the requirements in divisions (c) and (d) below provided that the restaurant has not been closed for business for more than six months preceding the application.
         (c)   No sale of alcoholic beverages shall be permitted by any establishment which is located within 300 feet of a church, public or private school or public hospital. The measurement of the distance between a place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between a place of business where alcoholic beverages are sold and public or private schools shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections.
         (d)   No sale of alcoholic beverages shall be permitted by any establishment which is located within 300 feet of a day-care center or child-care facility, as defined by § 42.002, Texas Human Resources Code. The measurement of the distance between a place of business where alcoholic beverages are sold and a day-care center or child-care facility shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business, and in a direct line across intersections. In accordance with the Texas Alcoholic Beverage Code, the minimum distance requirement shall not apply if:
            1.   The establishment holds a food and beverage certificate from the Texas Alcoholic Beverage Commission;
            2.   The establishment and a day-care center or a child-care facility are located on different stories of a multistory building;
            3.   The establishment and a day-care center and a child-care facility are located in separate buildings and either the establishment or the day-care center or child-care facility is located on the second story or higher of a multistory building;
            4.   The establishment is adjacent to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by § 42.002 of the Texas Human Resources Code; or
            5.   The establishment sells alcoholic beverages for off-premise consumption in accordance with the applicable State of Texas regulations.
         (e)   Establishments that sell alcohol beverages under a mixed beverage late hours permit issued by the Texas Alcoholic Beverage Commission may sell alcoholic beverages on Sundays between the hours of 1:00 a.m. and 2:00 a.m. and on any other day between the hours of 12:00 a.m. and 2:00 a.m. in accordance with the Texas Alcoholic Beverage Code.
         (f)   In accordance with § 155.012, any establishment which derives more than 75% of its gross revenues from the sale of alcoholic beverages shall be defined as a bar.
      (22)   Retail and service establishments not elsewhere listed. Any retail sales or service establishment which is not listed in § 155.054(B) may be permitted in the designated districts, except in the OP, C-1 and C-2 Districts, all inventory, equipment and items for sale are displayed entirely within an enclosed building; and further provided that such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration and that no type of manufacturing or treatment shall be permitted on any premises in the OP, C-1 and C-2 Districts other than the manufacture of products clearly incidental to the conduct of a retail business on the premises.
      (23)   Temporary batch plant. The Director of Public Works may issue a permit for a temporary batch plant provided that the plant is located at least 300 feet away from any park, school, child care center, or residential structure and that the plant shall not be located on the same property more than 120 days. The operator of a temporary batch plant must apply to the Board of Adjustment for a special exception under § 155.082 if the plant is to be located closer than 300 feet to any park, school, child care center or residential structure, or if the plant will be located on the same property more than 120 days.
         All temporary batch plants, whether allowed by permit or by special exception, shall conform to the following requirements:
         (a)   The stationary equipment of a temporary batch plant shall not be located closer than 100 feet to the nearest property line.
         (b)   The hours of operation of a temporary batch plant shall be restricted to Monday through Friday from 7:00 a.m. to 7:00 p.m., and Saturdays, 9:00 a.m. to 5:00 p.m. Hauling aggregate (sand and gravel) to or from the site on Saturdays shall be prohibited.
         (c)   The site on which the temporary batch plant is located shall be returned to its original condition within 30 days following the termination of the plant operations.
         (d)   No more than one temporary batch plant shall be permitted on the same property within a period of 18 consecutive months.
         (e)   A temporary batch plant shall be located on property of the construction site or abutting the construction site or project.
         (f)   Concrete or asphalt from a temporary batch plant shall not be trucked over to any other construction site other than the site of the project for which the plant was approved.
         (g)   A temporary batch plant shall comply with all standards of and must receive a permit from the Texas Commission on Environmental Quality. A plant shall meet all current city ordinances pertaining to storm water, dust or other environmental standards.
      (24)   Offices. Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions:
         (a)   Impervious surface coverage consisting of all buildings and structures and all paved or impervious surfaces shall not exceed 90% of the total lot area.
         (b)   Store front, show window, or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in professional or business offices and the associated retail and service type business.
         (c)   Permitted retail and service type uses in the OP district shall be conducted for the sole convenience of the occupants of the associated office building and there shall be no entrance to any such place of business except from the inside of the building.
      (25)   Industries not elsewhere listed. Industrial uses in the I-1, Light Industrial District shall include only those operations which are not offensive by reason of the creation of a hazard or emission of detectable dust, odor, glare, noise, smoke, gas, fumes or vibration beyond the bounding property lines of the lot or tract upon which the use is located. It is the intent of the I-1, Light Industrial District that the processing of raw material, to be used by another industrial operation, not be permitted. Manufacturing or industrial operations not specifically listed in the Permitted Use Table are intended to be located in the I-2, Heavy Industrial District unless such operations meet the special conditions set forth above for the I-1, Light Industrial District. Said conditions shall apply to both listed and unlisted uses permitted in the I-1 District. The installation of abatement devices for control of dust, odor, noise, etc. may be necessary in certain instances.
      (26)   New and used car sales lot. No combined new and used car sales lot shall have more than 50% of the vehicle units for sale made up of used cars.
      (27)   Warehouses. All mini-warehouses located in the C-3 District shall setback a minimum of 100 feet from the front lot line. No outside storage or display of merchandise, vehicles, equipment or objects are permitted in the C-2 District except as provided in § 155.096(C).
      (28)   Building material and lumber sales, nursery garden center. Notwithstanding the restrictions of § 155.096(C), outside storage of materials, supplies, products and containers customarily associated with building materials, lumber sales and plant nurseries are permitted in the C-2 and C-3 Districts provided such storage area is visually screened from the street by a six foot high solid fence, and provided that all building materials and lumber shall be placed on pallets or neatly packaged and consist of no used items; and provided that all plant or landscaping materials be balled or burlaped or neatly contained in pots and/or buckets.
      (29)   In the C-3, Commercial-Manufacturing District, no trailer, truck or recreational vehicle available for rent shall exceed the size of a single rear axle vehicle. Trailers available for rent in said Districts shall be limited to a single wheel, dual axle, bumper pull type maximum.
      (30)   Adult entertainment establishment. Adult entertainment establishments shall conform to all applicable regulations in the Mansfield Code of Ordinances as now existing or as hereafter amended.
      (31)   Reserved for future use.
      (32)   Quarters for an on-site manager or caretaker of a mini-warehouse facility. Residential quarters for mini-warehouse facilities shall conform to the following requirements:
         (a)   One residential unit shall be permitted as an accessory use for each mini-warehouse facility.
         (b)   Occupancy of the residential unit shall be limited to the on-site manager or caretaker of the mini-warehouse facility and immediate family of the occupant.
         (c)   The residential unit shall not be leased or rented.
         (d)   The residential unit shall be located inside the office or attached to the office by a common wall.
         (e)   The residential unit shall be limited to 1,000 square feet of floor area.
         (f)   A minimum of two parking spaces, enclosed in a garage or unenclosed, shall be provided for the residential unit, exclusive of the required parking for the mini-warehouse office.
      (33)   Food carts. Food carts shall conform to the following requirements:
         (a)   For the purposes of this section, a food cart is defined as a non self-propelled, vehicle mounted food service establishment designed to be readily movable. A food cart may be used only for packaged or unpackaged non-potentially hazardous food and hot dog-like products including bratwurst. A food cart business shall not include a grill, smoker or a cart where food is prepared over an open flame.
         (b)   For the purposes of this section, the health authority is that authority designated in Chapter 94 of this code.
         (c)   All food cart operators are required to obtain an annual food service permit from the health authority.
         (d)   No food cart shall operate within the City of Mansfield unless the owner or operator of the cart first obtains a business license from the city. An application for a business license will not be processed unless accompanied by a copy of the food service permit issued by the health authority and a letter from the property owner stating that the food cart is permitted to operate on the property.
         (e)   If any unwrapped foods are prepared, stored, displayed, or served on the food cart, a three-compartment sink and hand sink with soap and disposable towels shall be required on the food cart.
         (f)   Carts requiring sinks must be equipped with a potable water system that is under pressure or gravity feed and be capable of providing hot and cold water at a minimum rate of one-half gallon per minute. The system must be of an adequate capacity, as determined by the health authority, for food preparation, utensil cleaning and hand washing. The water inlet must be located so it will not be contaminated by waste discharge, road dust, oil, grease and similar materials. The water outlet must be capped at all times except during time of service. Liquid waste must be stored in a retention tank that is at least 15% larger than the water supply tank. Liquid waste may only be disposed of in an approved sanitary sewer. Discharge of wastewater on the ground or into a storm sewer is prohibited.
         (g)   Mechanical refrigeration and hot food storage must be provided for the maintenance of all potentially hazardous foods. All potentially hazardous food must be kept at 41°F or below or at 140°F or above. The use of ice, dry ice, and Sterno as a means of maintaining proper food temperatures is not approved unless written permission is given by the health authority. Coolers that are smooth, durable, and easily cleanable may be used for the storage of soft drinks. The use of styrofoam is prohibited.
         (h)   All food products must come from sources approved by the health authority. All prepackaged foods must be properly labeled. Home-prepared foods of any kind are prohibited.
         (i)   All finishes on the food cart must be smooth, durable, non-absorbent, and easily cleanable.
         (j)   All food and any items coming in contact with food are to be stored above the ground and protected from contamination. The use of open condiments is prohibited. Condiments must be dispensed from individual packets or from a closed dispenser such as a squeeze container.
         (k)   Wiping cloths must be stored in an approved sanitizer at appropriate strength when not in actual use.
         (l)   A covered trash receptacle must be provided for the public's use and removed from the premises when the food cart is not present.
         (m)   Public restrooms must be easily accessible to employees of the food cart.
         (n)   Every portion of a food cart must be entirely covered by a building overhang or a canopy or umbrella that must be removed from the premises when the food cart is not present.
         (o)   The following items must be kept on site and used as necessary:
            1.   A calibrated product thermometer scale 0°F to 220°F;
            2.   Test strips for the type of sanitizer used; and
            3.   Food grade gloves.
         (p)   Each employee of the food cart and the owner must obtain all appropriate cards, permits, licenses or certificates regarding food handling from the health authority prior to the issuance of a food service permit.
         (q)   All food carts must operate from a commissary approved by the health authority. The food cart operator must submit to the health authority a letter from the owner of the commissary giving permission to use that establishment as a commissary. All food carts must report at least once per day to the commissary for supplies, clean up of the food cart and any other activities related to the operation of the food cart, such as the use of a three-compartment sink for washing large items. When not in use the food cart must be stored at the commissary in a covered area protected from the weather.
         (r)   The owner or operator of a food cart must submit to the health authority such plans, drawings, specifications and other information that fully describe the food cart as the health authority may require.
         (s)   Any food cart that operates with propane must be located at least ten feet from the building and at least 20 feet from any opening into the building. Additionally, a minimum of one  two and one-half pound fire extinguisher must be located within 20 feet of the food cart.
         (t)   Electrical cords may not extend more than six feet beyond the food cart, and must be installed and secured to prevent safety hazards.
         (u)   A food cart shall only be permitted on property with an existing retail shopping center that has at least one anchor tenant with a minimum floor area of 50,000 square feet. The food cart must be located on the same lot occupied by said anchor tenant.
         (v)   Only one food cart shall be permitted per retail shopping center.
         (w)   A food cart shall not be allowed in any required parking space of the retail shopping center.
      (34)   Gas well drilling and production and line compressors. Gas wells, drilling and production of gas, and line compressors facilities shall conform to the regulations set forth in § 155.102.
      (35)   The construction of an accessory dwelling in any A, PR or SF zoning district shall be permitted, subject to the following:
         (a)   The accessory dwelling shall be built with the main residential building at the time of the original building permit.
         (b)   The accessory dwelling shall be made structurally a part of the main residential building and:
            1.   Have a common wall with the main residential building; or
            2.   Have a continuous roof assembly and common attic with the main residential building.
         (c)   The habitable floor area of an accessory dwelling shall not exceed 1,000 square feet or 50% of the habitable floor area of the main residential building, whichever is less. The accessory dwelling and the main residential building together shall not exceed the maximum lot coverage allowed by the regulations of the zoning district in which the property is located.
         (d)   The maximum height of an accessory dwelling shall not exceed the height of the main residential building.
         (e)   Occupancy of the accessory dwelling shall be limited to domestic servants or caretakers employed on the premises, temporary guests, or family members of the owner of the premises. Guests may occupy such dwelling no more than 90 consecutive days in any 12-month period.
         (f)   An accessory dwelling shall not be rented as an apartment or used as a separate domicile.
         (g)   No more than one accessory dwelling shall be allowed on any lot or tract.
         (h)   An accessory dwelling must comply with the same minimum side and rear setback requirements as the main residential building.
         (i)   No separate driveway approach shall be permitted for an accessory dwelling.
         (j)   An accessory dwelling shall be constructed of the predominant building and roofing materials used on the main residential building.
         (k)   All utilities must be on the same meter as the main residential building.
         (l)   Applications may be made to the Board of Adjustment for a special exception for any accessory dwelling which does not comply with the regulations above, subject to the provisions of § 155.082(E)(7).
      (36)   Eating places with drive-through service. In addition to the conditions specified in § 155.080(F) and (G), eating places with drive-through service shall be subject to the following supplemental conditions:
         (a)   For the purposes of this section, the following definitions shall apply:
            1.   CROSS ACCESS shall mean a service drive providing vehicular access between two or more contiguous sites so that drivers need not enter the public street system.
            2.   STACKING LANE shall mean an area of stacking spaces and driving lane provided for vehicles waiting for drive-through service that is physically separated from other traffic and pedestrian circulation on the site.
            3.   STACKING SPACE shall mean an area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.
         (b)   Two points of access to the property shall be provided to aid in traffic circulation.
         (c)   Shared access with adjacent lots should be established wherever feasible. Shared access should be provided by a driveway connecting two or more contiguous lots to the public street system.
         (d)   Cross access should be provided across the width of the property to adjacent lots. An access easement must be established wherever cross access is provided.
         (e)   The stacking lane(s) shall not be parallel to a public street when there is not a building or a row of parking spaces between the stacking lane(s) and the street.
         (f)   The stacking lane(s) should be designed to prevent circulation congestion on the property and on adjacent public streets. The design should minimize conflicts between pedestrian and vehicular traffic and should not impede access in or out of parking spaces.
         (g)   The stacking lane(s) for vehicles waiting for drive-in service shall be clearly delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping or alternative paving.
         (h)   The stacking lane(s) shall be integrated with the on-site circulation pattern and shall not enter or exit directly into a public street.
         (i)   For a stacking lane next to a curb, landscaping or property line, a by-pass or exit lane shall be provided to allow vehicles to leave the stacking lane.
         (j)   The stacking lane(s) should accommodate at least five stacking spaces before the order board and four stacking spaces between the order board and the transaction window.
         (k)   The intersection of a stacking lane and walk-in customer access shall be clearly delineated with a crosswalk with alternative paving, and/or striping.
         (l)   Each stacking lane shall have a minimum width of ten feet along straight segments and a minimum width of 12 feet along curve segments.
         (m)   The stacking lane, menu or order board and speaker shall be located a minimum of 100 feet from the property line of residential zoning district.
         (n)   When a stacking lane(s) is not screened by the restaurant building, additional screening shall be provided by planting shrubs along the entire lot line that is parallel or close to parallel to the stacking lane. The shrubs must be planted at three feet on center and have a minimum height of three  feet at the time of planting.
         (o)   A landscape buffer with a minimum width of 20 feet shall be provided along the side lot lines of the property. The buffer must have one tree planted for each 25 linear feet or portion thereof.
         (p)   Exposed machinery and areas for storage, service and disposal shall be screened from adjacent lots and public streets using the same predominant construction materials on the building.
         (q)   The design of proposed buildings and additions should complement, whenever feasible, the roof line, roof pitch, arrangement of openings, color, exterior materials, proportion and scale of existing non-residential buildings in the vicinity.
         (r)   An eating place with drive-through service shall not be permitted on property within the boundaries of Historic Mansfield TIRZ No. 2 as established in Ordinance No. OR-1861-12 unless it is approved by the City Council as a Planned Development District.
         (s)   An eating place with drive-through service should comply with the driveway design and spacing requirements and other application requirements in the City of Mansfield Roadway Design Manual.
         (t)   Notwithstanding the foregoing provisions, the Planning and Zoning Commission may recommend and the City Council may approve such modifications, changes or alternatives to the above conditions as they deem appropriate.
      (37)   Solar panel systems shall conform to the following requirements:
         (a)   Solar panel systems shall meet all applicable codes and ordinances and shall be installed only after issuance of a building permit.
         (b)   Roof-mounted solar panel systems shall comply with the following:
            1.   Solar panel systems shall be permitted on the roof of a building provided that the panels are not located on a front or side roof slope facing any public street or a rear roof slope facing a street with four or more lanes as shown in the Thoroughfare Plan.
            2.   Solar panel systems shall have a top edge that is parallel to the roof ridge and shall conform to the slope of the roof.
            3.   Solar panel systems may be located on any roof slope of an accessory building or structure, such as a patio cover or detached garage, subject to the regulations in this division (b)2. and 5.
            4.   Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with § 155.093(A).
            5.   Solar panel systems shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley or eave.
         (c)   Ground-mounted solar panel systems shall comply with the following:
            1.   A ground-mounted solar panel system is not permitted as the primary use of a property.
            2.   On residential property, ground-mounted solar panel systems shall comply with the maximum square footage and minimum setback requirements for residential accessory buildings and structures. On non-residential property, ground-mounted solar panel systems shall comply with the minimum setback requirements for non-residential buildings and structures and shall not be located within any required bufferyard or parking space.
            3.   Ground-mounted solar panel systems shall not be located between a property line abutting a street and the building.
            4.   Masonry and architectural requirements shall not apply to ground-mounted solar panel systems.
            5.   Ground-mounted solar panel systems on residential property shall be screened from view of the street or adjacent properties by an opaque screening fence. Except in the I-1 and I-2 Zoning Districts, ground-mounted solar panel systems on non-residential property shall be screened from view of the street and adjacent properties by a screening wall constructed of materials that match the predominant material used on the building.
            6.   The maximum height of ground mounted solar panel systems shall not exceed the height of the required opaque fence and in no case shall exceed eight feet.
            7.   Long lengths of conduit and wiring associated with the system's connection to the primary electrical panel shall be placed underground.
         (d)   Supporting equipment for solar panel systems, including power conditioning equipment such as batteries for electricity storage and stand-by gasoline electric generators shall be located behind the building and shall be screened by an opaque screening device, except that wall-mounted inverters may be located next to the electric meter.
         (e)   Solar panel systems shall be installed in conformance with all applicable city codes and ordinances, including the 2015 International Fire Code and future amendment thereof.
         (f)   On residential lots or tracts of two acres or larger, roof-or ground-mounted solar panel systems may face a public street provided that the solar panel system is located at least 300 feet from any street right-of-way line. An opaque fence shall not be required to screen ground-mounted solar panel systems meeting this provision.
         (g)   Solar panel systems incorporated into building materials such as roof shingles or tiles, windows, siding, or other architectural features integral to a building's design and are reasonably indistinguishable from traditional building materials may be installed on any roof or facade of the building. The eligibility of a solar panel system under this division shall be subject to the determination of the Director of Planning.
         (h)   The City Council may approve an alternate location than specified in this section for a roof-mounted or ground-mounted solar panel system at one meeting after holding a public hearing. Written notice of the hearing shall be sent to owners of real property, as they appear on the last approved tax roll, situated within 200 feet of the exterior boundary of the property on which the solar panel system is requested at least ten days prior to the date of the hearing. Notice of the hearing shall also be published in the official newspaper of the City of Mansfield at least ten days prior to the date of the hearing.
      (38)   Body art and piercing studio. Body art and piercing studios shall conform to the following provisions:
         (a)   A body art and piercing studio may not be located within 1000 feet of a single-family residential zoning classification or single-family residential use; a church; a licensed day- care center; a public or private elementary or secondary school; or another body art and piercing studio.
         (b)   For the purposes of this division (38), the measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or tenant space occupied by a body art and piercing studio to:
            1.   The nearest property line of the premises of a church, licensed day- care center, public or private elementary or secondary school, or single-family residential zoning classification or single-family residential use; and
            2.   The nearest portion of a building or tenant space occupied by another body art and piercing studio.
         (c)   A body art and piercing studio operating lawfully prior to October 26, 2020, may continue as a lawful non-conforming use without Planned Development District zoning; provided, however, that said non-conforming use shall automatically terminate upon 1) closure of a body art and piercing studio; 2) a change in name or ownership of a body art and piercing studio; or 3) a change in use of the building or tenant space previously occupied by a body art and piercing studio.
(Ord. 671, passed 4-15-86; Am. Ord. OR-2193-20, passed 10-26-20)