Sec. 10-343. Subdivisions Adjacent to Roads and Alleys

Where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway or separated from a roadway by an alley or service road, the owner must provide screening at owner’s sole expense. The planning and zoning commission may waive or modify, in exceptional cases, this requirement. A screening plan, including elevations and materials, must be submitted with the preliminary plat. All forms of screening must conform to the requirements of ordinances governing the sight distance for traffic safety and other city ordinances. Additional right-of-way or easements may be required for wider columns and more elaborate screening walls.

Sec. 10-344. Manufacturing Uses

All uses listed in M-1 and M-2 districts must conform to the following specific regulations:

   a.   All such uses must be completely enclosed by an eight-foot-high solid fence of redwood, fiberglass, aluminum, masonry, or materials approved by the planning director, provided, however, that gate(s) for ingress and egress are permitted.

   b.   The height of the fence may be reduced to six feet when the use is conducted at an elevation two feet or more above the crown of the adjacent roadway.

   c.   By the authority of the building official, a steel mesh fence may be substituted, for a solid fence along the rear property line and up to the rear 3/4 of the side property lines when the use abuts a manufacturing zone and the rear portion is not visible from a public street or road.

   d.   The burning of wrecked or discarded automobiles, trucks or other equipment, or any parts thereof, is prohibited.

   e.   All debris, parts, disabled vehicles, or salvage material of any kind must be store inside the confines of the fenced area.

   f.   Advertising, signage, or displays that use salvage materials of any kind may not be displayed outside or above the fence.

   g.   The use of discarded, disabled, or wrecked automobiles, trucks, equipment, appliances, or parts for advertising, signage or for identification purposes is prohibited.

   h.   Whenever an owner or representative of a non-conforming use under this code is granted [M-1 or M-2 zoning,] such person will have six months in which to bring the existing use into compliance with this chapter.

Sec. 10-345. Alternative Compliance

The planning director may approve alternative buffering and screening plans for any of the uses or accessory structures and uses for which screen standards are provided above. The planning director may deem an alternative landscape plan compliant with this article if the applicant can demonstrate that the proposed alternative meets at least two of the following criteria:

   a.   the alternative landscaping proposed will be functionally equivalent to the required standards in terms of coverage, shading, buffering, and tree canopy

   b.   the proposed alternative to these standards would represent an aesthetic improvement over what is required herein, through the installation of a the variety of plants, flowers, trees, and shrubs in innovative patterns and arrangements;

   c.   the natural land characteristics or existing vegetation on the proposed development site would achieve the intent of this article;

   d.   the proposed alternative screening materials will achieve an effect that is equivalent to the screening standards of this article;

   e.   the required landscaping or buffering would be ineffective at maturity due to topography or the location of improvements on the site; or

   f.   the proposed alternative represents a plan that is, in the opinion of the planning director, as good or better than a plan prepared in strict compliance with the other standards of this article.

Sec. 10-346. Solar energy devices

a. Except as provided in subsection b. of this Section, the City shall not regulate solar energy devices as defined in State law.
 
b. In accordance with Texas Local Government Code Chapter 229 or successor and Texas Property Code Section 202.010 or successor, a solar energy device is prohibited if the device:

   1.   Has been adjudicated by a court to threaten the public health or safety, or to violate a law;
 
   2.     Is located on property that is not owned or maintained by the property owner;
 
   3.   Is located in an area on the property owner's property other than:

      a.   On the roof of the home or of another structure allowed under Property Sec. 202.010(d) or successor.

       b. In a fenced yard or patio owned and maintained by the property owner;
 
   4.   If mounted on the roof of the home:

             a.   Extends higher than or beyond the roofline; or
  
b.   Does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or
 
       c.    Has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace;

   5.   If located in a fenced yard or patio, is taller than the fence line;

6. As installed, voids material warranties;
(Ord. No. 0-2021-70; 7/28/21)

Sec. 10-347-349 Reserved.