§ 29. Supplementary district regulations.
A.
Generally. To the extent applicable, the regulations set forth in this section shall supplement the general regulations set forth in the various zoning districts, and to the extent such general regulations are in conflict, these supplementary district regulations shall supersede them.
B.
Permanent accessory buildings, residential. Permanent accessory buildings which are placed on a permanent foundation shall be allowed in residential zoning districts subject to the following regulations:
1.
Accessory buildings shall not exceed one story in height and must be located behind the primary structure.
2.
Setbacks:
Front yard—Must be located behind the primary structure.
Side yard—Same as the primary structure.
Rear yard—Minimum of five feet.
3.
No separate accessory building shall be erected within six feet of any other building.
4.
No accessory building shall be used as a place of habitation or for commercial purposes.
5.
The total floor area of the accessory building on one lot shall not exceed 30 percent of the floor area of the main building on the lot, except that this requirement shall not limit the floor area of an accessory building to less than 200 square feet.
6.
Accessory buildings shall not occupy more than 50 percent of the rear yard.
7.
An accessory building that exceeds 200 square feet must meet the masonry requirement of the primary structure.
8.
An accessory building may be constructed as part of the main building, in which case the regulations controlling the primary structure shall apply.
9.
No accessory building will be permitted without a primary structure being located on the same premises.
10.
No such building shall be located within or encroach upon any utility or drainage easement.
11.
No accessory building shall be placed or constructed on a lot until construction of the principal building has commenced, and no accessory building shall be occupied until the principal building is completed and is being used or occupied.
12.
In the "MF-2" district, private garages and/or storage garages, may be constructed as part of the main building.
C.
Temporary and portable type accessory buildings, residential. Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any residential district subject to the following regulations:
1.
Accessory buildings shall not exceed 12 feet in height and must be located behind the primary structure.
2.
Setbacks:
Front yard—Must be located behind the primary structure and may not be located with the front yard, including corner lots.
Side yard—Minimum of five feet.
Rear yard—Minimum of five feet.
3.
Maximum floor area of 200 square feet.
4.
Two per lot. Total area of accessory buildings shall not exceed 50 percent of the area behind the rear building face.
5.
No separate accessory building shall be erected within six feet of any other building.
6.
Construction material. Each accessory building must have an exterior finish of materials similar to the principle building on the lot on which it is located. A portable building less than 120 square feet may be of metal commercial kit construction and must be properly secured to prevent overturning, utilizing a method acceptable to the building official.
7.
No accessory building will be permitted without a primary structure being located on the premises.
D.
Residential detached garage regulations. In all residential districts, detached garages shall not exceed 25 feet in height and must be located behind the primary structure:
1.
Setbacks:
Front yard—Must be located behind the primary structure.
Side yard—Same as the primary structure
Rear Yard—Minimum of five feet.
2.
No separate detached garage shall be erected within six feet of any other building.
3.
No detached garage shall be used as a place of habitation or for commercial purposes.
4.
The total floor area of the detached garage on one lot shall not exceed 30 percent of the floor area of the main building on the lot, except that this requirement shall not limit the floor area of an accessory building to less than 600 square feet.
5.
A detached garage shall not occupy more than 50 percent of the rear yard.
6.
A detached garage that exceeds 600 square feet must meet the masonry requirement of the primary structure. This requirement does not apply to lots greater than one-half acre.
7.
No detached garage will be permitted without a primary structure being located on the same premises.
8.
In the "SF-1", "SF-2", "D", "TH" and "MF-1" Districts, a detached garage shall provide space for not more than one motor vehicle for each 3,000 square feet of lot area.
E.
Non-residential permanent accessory buildings. The following accessory building and use regulations apply only to property carrying a non-residential classification.
1.
The height of accessory buildings shall be the same as the primary structure.
2.
Setbacks:
Front yard—Same as the primary structure
Side yard—Same as the primary structure
Rear yard—Same as the primary structure
3.
No separate accessory building shall be erected within six feet of any other building.
4.
An accessory building shall meet the masonry requirement of the primary structure.
5.
No accessory building will be permitted without a primary structure being located on the same premises.
6.
No permanent accessory building shall be located within or encroach upon any utility or drainage easement.
7.
Use: Any permitted accessory use allowed in the district in which the accessory building is located.
F.
Non-residential temporary and portable type accessory buildings. Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any non-residential district as follows:
1.
Construction purposes only. In all non-residential zoning districts, a temporary building shall be permitted for construction purposes only, provided the building shall be removed upon completion or abandonment of construction work or removed upon request of the city manager.
2.
Permit required. Permits shall be issued for temporary buildings on construction sites for a period of six months only, with a renewal clause for a similar period.
G.
Residential lots built prior to 1960. On residential lots platted prior to 1960, the following special provisions shall apply in the "SF-1" and "SF-2" districts.
1.
Parking requirement. One off-street parking space, on an all weather surface approved by the city engineer, shall be required.
2.
Detached garage setback. A detached garage shall be required to setback a minimum of three feet from a side lot line.
3.
Minimum floor area. The minimum liveable floor area of a dwelling shall be established as being the average of the liveable floor area of dwellings located in the block in which the dwelling is located. The limits of the block shall be as determined by the zoning administrator.
4.
Front yard setback. The front yard setback shall be established as being the average of the front yard setbacks of the dwellings located on the block along the street on which the dwelling fronts.
H.
Open storage or display in residential districts. In the "SF-1", "SF-2", "D", "TH", "MF-1", "MF-2" and "MH" districts, no open storage or display outside a building of materials or commodities for sale at wholesale or retail, or for storage purposes shall be permitted, nor shall any motor vehicle or machinery storage other than that which is incidental to the use of a premises be permitted.
I.
Use for residence purposes. No temporary or incomplete building, nor any automotive equipment, trailer, or garage incident to a family dwelling, shall be erected, maintained or used for residence purposes. No temporary or outwardly incomplete building or structure, no open excavation for a basement or foundation, and no building or structure so damaged as to become unfit for use or habitation shall be permitted, maintained or remain in such condition for more than six months, except by special permission of the board of adjustment.
J.
Vehicular repair and maintenance on owner/tenant owned vehicles. Minor vehicular repair and maintenance on owner/tenant owned vehicles shall be permitted on that lot or tract where residence is located. Major repair on owner/tenant owned vehicles shall be permitted only in a fully enclosed building which is an accessory building on the residential structure. Said repairs shall be incidental, not habitual or repetitive, and shall not be detrimental to the aesthetics of the lot, tract, neighborhood and shall not be commercial.
K.
Structure to have access. Every building hereafter erected reconstructed, altered, enlarged, or moved shall be on a lot adjacent to a public street, or with access to any approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
L.
Exceptions to height regulations. The general height limitations contained in the various zoning district height and area regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
M.
Exceptions to yard regulations.
1.
Chimneys shall be permitted to encroach 30 inches into any required yard in the "SF-1", "SF-2", "D", "TH", "MF-1", and "MF-2" zoning districts.
2.
When a building line has been established by an approved plat and such line requires a greater or lesser front yard setback than is prescribed by this ordinance for the zoning district in which the building is located, the required front yard shall comply with the building line established by such plat. The zoning board of adjustment may grant a variance to the required front yard as in other cases.
N.
Exceptions to lot width regulations. This ordinance shall not prohibit the use of a lot that has less width than required in the applicable zoning district height and area regulations if such lot was a lot of record and in separate ownership at the time of adoption of this ordinance.
O.
Outside storage. No building material, construction equipment, machinery or refuse shall be stored, maintained or kept in the open upon any lot, tract or parcel other than in such districts as permitted in this ordinance, except during actual construction operations upon said premises or related premises, provided that the board of adjustment may waive this requirement in unusual cases for a limited time.
P.
Surface requirements.
1.
"C-1", "C-2", "M-1" and "M-2". All outside storage permitted in the ordinance in districts "C-1", "C-2", "M-1" and "M-2", whether as a primary or accessory use, shall be placed upon an all-weather hard surface, as a minimum.
2.
"C-3" and "C-4". All outside storage permitted in this ordinance in districts "C-3" and "C-4", whether as a primary or accessory use, shall be placed upon an all-weather hand surface, unless such "C-3" or "C-4" zoning district abuts or adjoins property zoned residential or a Community Facilities district with outside storage, shall have such outside storage placed upon four inches of asphalt or four inches of concrete.
3.
"C-5". In this zoning district, parking areas, vehicle display areas, vehicle maneuvering areas, loading areas, driveways and approaches shall be a paved surface.
4.
Fire lanes. The fire chief may request fire lanes in a storage area if the fire chief determines that fire lanes are necessary and appropriate.
Q.
Maneuvering and loading areas; surface requirements.
1.
Outside an outside storage area. Vehicle maneuvering and loading areas outside of an outside storage area shall be surfaced with a paved surface in accordance with the requirements of this ordinance.
2.
Within an outside storage area. Vehicle maneuvering and loading areas within an outside storage area shall meet the surface requirements of the outside storage area regulations for their zoning district.
R.
Performance standards. The following are maximum accepted levels of noise, vibration, smoke, particulate matter, and toxic and noxious matter allowable for all uses.
These levels shall be shown on the performance standards report submitted with the required site plan unless the submission of all or part of the report is waived by the zoning administrator, based upon his determination that the proposed use will not produce the listed effects.
1.
Noise. The day-night average sound level at the property line shall not exceed 75 decibels, unless the property line adjoins property zoned for residential uses where the maximum day-night average sound level shall not exceed 65 decibels. The day-night average sound level (LDN) is the 24-hour average sound level, in decibels, obtained after addition of ten sound decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m.
2.
Vibration. At the point of measurement taken on the property line of the source property which has the highest reading, the sound pressure level or impact level of any operation or plant shall not exceed the decibel limits for the octave bands designated in column I below, unless the point of measurement is located on a property line which is also the boundary line of a residential district in which case the limits set forth in column II shall apply.
Frequency
(cycles/second)Column I
Displacement (In.)Column II*
Displacement (In.)0 to 10 .0022 .0008 11 to 20 .0016 .0005 21 to 30 .0010 .0002 31 and Over .0005 .0001 *Steady state—Vibrations, for the purpose of this Chapter, which are continuous or, if in discrete pulses, are more frequent than 60 per minute. Impact vibrations, that is discrete pulses which do not exceed 60 pulses per minute, shall not cause in excess of twice the displacement stipulated.
3.
Smoke, particulate matter and visible emissions. Smoke or visible emissions emitted from any vent, stack, chimney, skylight, or window shall not exceed an opacity of 20 percent averaged over a five-minute period. Any emission of air pollutant must be in accordance with the requirements of the State of Texas. Emissions shall not exceed any of the following net ground level concentrations:
a.
One hundred micrograms per cubic meter of air sampled averaged over any five consecutive hours.
b.
Two hundred micrograms per cubic meter of air sampled, averaged over any three consecutive hours.
c.
Four hundred micrograms per cubic meter of air sampled, averaged over any one hour.
4.
Toxic and noxious matter. The handling processing, storage and disposal of hazardous, toxic, or noxious materials shall be in accordance with applicable state and federal laws and regulations. In addition, the planning and zoning commission may establish additional performance standards, including set backs, berms, and buffers, for the siting of facilities which handle, treat, store, or dispose of potentially hazardous or dangerous materials.
5.
Odor. No operation shall permit odors to be released which are detectable at the property line and which offensively affect the sense of smell.
6.
Glare. All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zoning district boundary line.
7.
Effluent. If the proposed use is to emit sanitary sewage effluent containing industrial wastes or other effluent into the city's sanitary sewer system which is considered by the city engineer to be unusual to or be damaging to the sanitary sewer system, a description of methods of pre-treatment of the effluent must accompany the development site plan.
8.
Additional standards. The planning and zoning commission may establish additional performance standards to protect neighboring areas and land uses from potential uses which may be hazards and nuisances.
S.
Transmitting and receiving antennas and antenna facilities.
1.
Purpose. The purpose of these regulations is to establish general guidelines for the siting of antennas and antenna facilities, and to
a.
Protect residential areas and land uses from potential adverse impacts of antennas and antenna facilities;
b.
Encourage the location of antenna facilities in non-residential areas;
c.
Minimize the total number of antenna facilities throughout the community;
d.
Strongly encourage co-location on both new and existing antenna facility sites as a primary option rather than construction of additional single-use facilities;
e.
Encourage the users of antenna facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
f.
Encourage users of antenna facilities to configure them in a way that minimizes the adverse visual impact of the facility through careful design, siting, landscape screening, and innovative camouflaging techniques;
g.
Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently;
h.
Consider the public health and safety of antenna facilities; and
i.
Avoid potential damage to adjacent properties from facility failure through engineering and careful siting of facilities.
In furtherance of these purposes, the city shall give due consideration to the Haltom City Comprehensive Land Use Plan, zoning map, existing land uses, and environmentally sensitive areas in considering sites for the location of antenna facilities.
2.
Amateur radio equipment and TV antennas (including ham radio and CB equipment but not including commercial uses) shall be permitted as a special exception within the "SF-1", "SF-2", "D", "TH", "MF-1", "MF-2", and "MH" zoning districts in accordance with the following regulations:
a.
Antenna facilities may be building attached, monopoles, or lattice towers;
b.
Only one antenna facility per lot of record;
c.
An antenna that is attached to a building shall not extend more than ten feet (10') above the building on which it is mounted;
d.
An antenna facility shall be limited to having the number and size of antenna attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements;
e.
Setbacks.
(1)
Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;
(2)
Guy wires are permitted in required side and rear yards;
(3)
Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts;
f.
Separation. There will be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;
g.
Antenna facilities shall not be permitted in any easement;
h.
Lights. No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;
i.
Construction standards. A building permit must be obtained prior to the construction and/or installation of an antenna facility except TV antennas;
j.
No part of an antenna, antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.
3.
A special exception is required for:
a.
A satellite receive-only antenna which exceeds one meter in diameter to be located in a residential zoning district.
b.
A satellite receive-only antenna which exceeds two meters in diameter to be located in a non-residential zoning district except governmental antennas; and
c.
Any non-governmental independently supported commercial antenna facility.
4.
Satellite receive-only antennas. Satellite receive-only antennas are permitted as an accessory use as follows:
a.
Less than one meter in diameter: in any zoning district;
b.
Less than two meters in diameter: in a non-residential district;
5.
Documentation. To properly evaluate applications to locate antennas or towers, which require a special exception, the following information must be provided by the applicant, as applicable:
a.
A description of the nature of the antenna or tower site. Indicate whether the proposed structure is a monopole or lattice tower. Indicate the proposed height;
b.
Provide photos or drawings of all equipment, structures and antenna;
c.
Describe why the antenna or tower is necessary;
d.
State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;
e.
Indicate if this antenna or tower site will be connected to other sites; and if so, describe how it will be connected and who will provide the backhaul network;
f.
The applicant must address whether an effort has been made to co-locate the facility proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of existing sites. Describe in detail efforts made and explain in detail why existing site were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow or promote co-location and, if not, describe why not;
g.
Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason;
h.
If the requested location is in a residential district the applicant must address whether an effort has been made to locate the facility in a commercial or industrial district. Identify the location of the commercial and/or industrial district sites. Describe in detail efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites' owners and/or operators which confirm the statements provided;
i.
Indicate the applicant's current coverage area for the city. Attach maps showing the areas the applicant's existing antennas currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover;
j.
Describe the applicant's master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan;
k.
Describe the applicant's plan to minimize the number of telecommunications towers need to cover the city.
6.
The zoning board of adjustment. The zoning board of adjustment will approve a requested application for a special exception subject to the finding that co-location of this facility with a nearby existing antenna facility is not feasible and subject to the following conditions:
a.
Applicant will permit co-location of others at the site;
b.
Applicant will configure its antenna and other equipment to accommodate other providers;
c.
Applicant will identify its backhaul network connecting antenna sites;
d.
Applicant will give notice to the city identifying any providers who co-locate on the site and identify their backhaul network; and
e.
Applicant shall meet the height, area, separation, and other requirements as listed in subsection 35.H., "authorized special exceptions".
7.
Written report upon denial of request. The City Of Haltom City shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing, stating the reason for denial and indicating substantial evidence that supports the denial.
8.
Abandoned antenna facilities. Any antenna or antenna facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner shall remove it within 90 days of receipt of notice from the city.
T.
Outdoor display. The outside display or sale of goods, products, or inventory is not permitted within the non-residential zoning districts except as set forth herein or as specifically authorized in each district.
1.
"C-1" and "C-2" commercial districts.
a.
Outside display or sale of goods, products, or inventory shall be permitted only on the sidewalk adjacent to the building provided such goods, products or inventory shall not extend more than ten feet from the building and shall not be more than five feet in height, and provided further, that there shall be at least five feet in width of unobstructed sidewalk remaining.
b.
The restrictions in subsection a. above shall not be construed to prohibit the following, provided the sidewalk clearances as stated in subparagraph a. above are met:
(1)
Storage and display of Christmas trees for a period not to exceed 60 days prior to and five business days after Christmas Day each year.
(2)
Merchandise dispensing units placed adjacent to a building.
(3)
Storage and display of merchandise normally placed on gasoline pump islands.
(4)
Storage, display, and sale of newspapers in newspaper racks or the outside display of merchandise by a retail landscape nursery.
(5)
"Sidewalk sales" for periods not exceeding five days in each month.
c.
The accessory seasonal display of plant and related landscape materials such as fertilizer, peat moss, and ornamental landscape items by a permitted retail use may be displayed upon approval by the building official only under the following conditions:
(1)
The plants and related materials shall be located on an all-weather hard surface.
(2)
All of the plant and related materials shall be located behind the front and side building lines.
(3)
The storage area for display of plants and related materials shall not occupy any required parking spaces as outlined in section 31, parking regulations of this ordinance. Excess parking spaces may be used if all other requirements in this subsection T. are met.
(4)
The storage area for display of plants shall not occupy more than five percent of the total lot area.
d.
The restrictions in subparagraph a. above shall be construed to prohibit the storage and display of rental trailers and trucks except in districts where such uses are indicated as permitted uses.
2.
In districts "C-3", "C-4", "M-1" and "M-2", if not adjacent to a residential district, this subsection T. does not apply except as follows:
a.
Outdoor display shall not be located in any required parking/loading space.
b.
If display is located within the required front yard setback, the stacking height of merchandise/inventory shall not exceed five feet nor shall merchandise/inventory be located within the public open space easement or visibility triangle if on a corner lot.
c.
The restrictions in subparagraph b. above shall not be construed to prohibit the following, provided the height restrictions as stated in subparagraph b. above are met.
(1)
Storage and display of Christmas trees for a period not to exceed 60 days prior to and five business days after Christmas Day each year.
(2)
Merchandise dispensing units placed adjacent to a building.
(3)
Storage and display of merchandise normally placed on gasoline pump islands.
(4)
Storage, display, and sale of newspapers in newspaper racks or the outside display of merchandise by a retail landscape nursery.
3.
In districts "C-3", "C-4", "M-1" and "M-2", if adjacent to a residential district, the following shall apply:
a.
Outdoor display shall not be located in any required parking/loading space.
b.
Any property line of the non-residential district adjacent to a residential district shall be screened from view with a screening device a minimum six feet and a maximum of eight feet in height as defined in this ordinance.
c.
No stacking of outdoor displays shall exceed the height of the required screening device.
d.
If display is located within the required front yard setback, the stacking height of merchandise/inventory shall not exceed five feet nor shall merchandise/inventory be located within the public open space easement or visibility triangle if on a corner lot.
e.
A ten-foot landscaped buffer strip shall be installed adjacent to the screening device. Said landscaped buffer strip shall consist of dense evergreen shrubs, each shrub being from no less that a five-gallon container, capable of growing a minimum of six feet in height within two years of planting. A combination of evergreen shrubs and trees accomplishing the same effect as stated above may be used.
f.
The prohibition in subparagraph d. above shall not apply to:
(1)
Storage and display of Christmas trees for a period not to exceed 60 days prior to and five business days after Christmas Day each year.
(2)
Merchandise dispensing units placed adjacent to a building.
(3)
Storage and display of merchandise normally placed on gasoline pump islands.
(4)
Storage display and sale of newspapers in newspaper racks.
U.
Amusement arcade (indoors). An amusement arcade (indoors) requiring an approved conditional use permit shall comply with the following:
1.
Permit and certificates of occupancy. If a conditional use is approved for an amusement arcade (indoors) prior to commencement of business, a permit in accordance with section 62 of the Haltom City Code of Ordinances, as amended, may be approved and issued by the city secretary. Once said permit is issued, the building official must approve and issue a certificate of occupancy.
2.
Parking. Off-street parking requirements for amusement arcade (indoors) shall be no less than one space per 125 square feet of gross floor area.
3.
Location restrictions. No amusement arcade (indoors) may be located within 300 feet of a church, school, or hospital, measured from property line to property line.
V.
Accessory auto sales (retail and wholesale). Automobile sales (retail and wholesale) shall be considered an accessory use only if the seller would not be required to hold a state license (including without limitation a general distinguishing number) before selling the automobiles.
W.
Natural gas compressor stations.
1.
Natural gas compressor stations shall require a conditional use permit in all districts, in accordance with section 36 hereof.
a.
A building permit shall be required for the compressor station.
b.
The compressor station shall be situated on a platted lot approved by the City and recorded in the county records.
2.
For the purpose of maintaining a visual buffer zone adjacent to dissimilar land uses, a minimum building setback for all compressor station buildings and equipment shall be established and maintained for all yards at the distances specified for the zoning district adjoining the compressor station as shown below.
a.
Table of building setbacks for compressor station buildings and equipment.
Adjoining Zoning District
(Applied to both base zoning and PD districts)
Required Building Setback
(In feet—Applied to all yards)SF-1 500 SF-2 500 MH 500 D 500 TH 500 MF-1 500 MF-2 500 O 300 C-1 300 C-2 300 C-3 300 C-4 300 C-5 300 BP 200 M-1 100 M-2 100 b.
Where an adjoining Planned Development (PD) district contains more than one base zoning district, the most restrictive building setback shall be applied.
c.
Where a compressor station site adjoins a street right-of-way, the required building setback along that right-of-way shall be established by the zoning district designated for the property situated on the opposite side of the right-of-way.
3.
A wrought iron type fence of sufficient height to obscure the entire station complex from public view shall be required along boundary lines that front a dedicated public street right-of-way of any type, or that front a private street right-of way dedicated for public use. Brick or stone columns shall be constructed on approximate fifty (50) foot centers for such fence.
4.
All compressor station equipment and sound attenuation structures shall be enclosed within a building. Such building shall be designed with the following elements:
a.
A four (4) foot high masonry bulkhead wall shall be constructed on at least the two (2) building facades most visible to the public.
b.
At least two (2) building facades, specifically those most visible to the public, shall be constructed with a brick or stone accent that is at least twenty (20) feet in width, and extends vertically to the roofline of the building and terminates with a sloped or arched profile.
c.
The roof shall be sloped with a pitch of no less than 5:12 and shall contain at least one raised structure in the form of a cupola, steeple tower, clearstory element or similar structure. No flat roofs shall be permitted.
d.
The non-masonry wall surfaces may be constructed of painted metal, stucco or cementitious fiberboard material. Engineered wood paneling shall not be permitted for the finished exterior.
e.
The architectural design of the building shall be compatible with the visual context of the surrounding development. The building may be designed as a representation of, but not be limited to, the following building types:
(i)
Barn structure or equestrian facility.
(ii)
Estate residence.
(iii)
School facility or similar institutional use.
(iv)
Gazebo or picnic area enclosures.
(v)
Club house or recreational facility.
(vi)
Retail or office building.
(vii)
Any combination of the above as approved by the City.
5.
Vehicular access to the boundaries of the compressor station site from the street thoroughfare shall be paved with a concrete surface at a thickness and design approved by the City Engineer or his or her designee. This provision shall also apply to those areas inside the boundaries of the compressor station site where vehicular traffic and parking is to occur.
6.
The operation of the equipment shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels as measured within three hundred (300) feet of the compressor station building(s). The Operator shall be responsible for establishing and reporting to the City the pre-development ambient noise level prior to the issuance of the building permit for the compressor station.
7.
The compressor station site shall be landscaped in a manner that is compatible with the environment and existing surrounding area.
X.
Smoke lounges and smoke shops.
1.
A person, including an operator, commits an offense if he/she causes or permits the operation or establishment of a smoke lounge or a smoke shop in or within 1,500 feet of an existing:
a.
Religious institution;
b.
School;
c.
Public park;
d.
A residential district;
e.
A public library;
f.
A property line of a lot devoted to a residential use; or
g.
Another smoke lounge or smoke shop.
2.
For the purpose of subsection (1) above, measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing religious institution, school, smoke lounge, or smoke shop, or from the boundary line of a public park, public library, or residential district, to the nearest property line of the property sought to be used as a smoke lounge or smoke shop.
3.
Also for the purposes of subsection (a) above, measurement of the 1,500 foot distance shall also include religious institutions, schools, public parks, residential district, other smoke lounges, or other smoke shops, which are located in an adjacent city, township or rural land area and which are within the 1,500 foot distance of the nearest property line of the property sought to be used as a smoke lounge or smoke shop within the City of Haltom City.
4.
A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this section shall be submitted to the Zoning Administrator as part of the application for building permit or certificate of occupancy. Any certificate of occupancy issued for a building or facility used to conduct a smoke lounge or smoke shop without submission of the required survey shall be null and void.
5.
A person commits an offense if he causes or permits the establishment or operation of more than one smoke lounge or smoke shop or a combination of a smoke lounge and a smoke shop on the same property, in the same building or structure, or any portion thereof.
6.
A smoke lounge or smoke shop lawfully operating on the effective date of this article that is in violation of the location requirements of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more smoke lounges or smoke shops are within 1,500 feet of one another and otherwise in a permissible location, the smoke lounge or smoke shop which was first established and continually operating at a particular location is the conforming use and the later-established smoke lounge or smoke shop is nonconforming.
7.
A smoke lounge or smoke shop lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the smoke lounge or smoke shop certificate of occupancy, of a religious institution, school, smoke lounge, smoke shop, a public park, public library, residential district, or subsequent designation of a historical/cultural district, within 1,500 feet of the smoke lounge or smoke shop. This provision applies only to the renewal of a certificate of occupancy.
Y.
Day Laborer Halls. It is the purpose and intent of this subsection to regulate day laborer halls so as to protect and promote the health, safety, and general welfare of the citizens of the City and visitors thereto, and to establish reasonable and uniform regulations that locate day laborer halls near existing public transportation systems for safe and reliable transportation and employment of all potential workers of a day laborer hall. A day laborer site or facility that allows unskilled workers to gather outdoors to await temporary unskilled or agricultural employment is not permitted. These regulations are intended to balance the right of the citizens of the City to maintain a decent moral society and, on the other hand, the right of individuals to work freely in accordance with the guidelines of the Constitution of the United States and United States Supreme Court rulings pursuant thereto.
These regulations are also intended to deter property uses and activities which directly or indirectly cause adverse secondary effects, including the depreciation of property values, on the immediate neighborhood surrounding the day laborer hall. It is not the purpose or intent of these regulations to restrict or deny lawful access by individuals to work or to deny employers access to workers but rather to designate a safe and reasonable location to facilitate the operation of a day laborer hall. A person commits an offense if he or she causes or permits the operation or establishment of a day laborer hall in violation of any of the following restrictions:
1.
A day laborer hall shall not be located more than 1,000 feet from a transportation authority's designated bus stop existing at the time of the adoption of this ordinance. Measurement of the distance from a day laborer hall to a transportation authority's bus stop shall be in a direct line along the property lines of the street front and from front door of the day laborer hall to the transportation authority's bus stop marker, and in a direct line across intersections. Measurement of the 1,000-foot distance requirement shall recognize any transportation authority's bus stop, which is located in an adjacent city. A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this subsection shall be submitted to the Zoning Administrator as part of the application for a building permit or certificate of occupancy. Any certificate of occupancy issued for a building or facility used to conduct a day laborer hall without submission of the required survey shall be null and void.
2.
A day laborer hall shall not be located north of Fossil Drive or south of NE 28th Street. The purpose of this regulation is to:
a.
Preserve the residential character of property that is located north of Fossil Drive and south of NE 28th Street.
b.
Encourage lower intensity commercial development providing a uniform set of standards for convenience retail shopping, services, and professional offices principally serving neighborhood needs, and compatible in scale, character and intensity with residential development in close proximity to the area.
3.
A day laborer hall shall not be located on any property that does not have direct ingress from and egress to N. Beach Street.
4.
No more than one day laborer hall shall be located in the same building or on the same property.
5.
A day laborer hall must have a lobby or waiting room with a floor area of not less than the greater of 500 square feet or 50 percent of the total floor area of the premises.
6.
No person shall operate a day laborer hall in the City unless he or she possesses a current and valid temporary common worker employer license issued by the Texas Department of Licensing and Regulations (TDLR) for each location at which the employer operates. Any City employee knowledgeable of a person operating a day laborer hall in violation to this subsection shall notify his or her supervisor and the City Manager and report such violation as a complaint to the TDLR.
7.
No person shall operate a day laborer hall unless the following items are posted in a conspicuous place on the licensed premises for inspection:
a.
A temporary common worker employer license; and
b.
A notice of any charge permitted under this section that the license holder may assess against a common worker for equipment, tools, transportation, or other work-related services.
For purposes of this subsection, "conspicuous place" means a location that is in open view to the general public.
8.
A day laborer hall shall provide adequate facilities for a worker waiting for a job assignment. The facilities must include:
a.
restroom facilities for both men and women;
b.
drinking water;
c.
sufficient seating; and
d.
access to vending refreshments and vending food.
9.
A person operating a day laborer hall may not charge a temporary common worker for:
a.
safety equipment, clothing, or accessories required by the nature of the work, either by law, custom, or the requirements of the user of temporary common workers;
b.
uniforms, special clothing, or other items required as a condition of employment by the user of temporary common workers;
c.
the cashing of a check or voucher;
d.
the receipt by the temporary common worker of earned wages; or
e.
transportation services to and from the work place.
Any City employee knowledgeable of a person operating a day laborer hall in violation to this subsection shall notify his or her supervisor and the City Manager and report such violation as a complaint to the Texas Department of Licensing and Regulation.
10.
A day laborer hall operating under a certificate of occupancy for any land use other than a day laborer hall on the effective date of this subsection that is in violation of the location requirements of this subsection shall be deemed in violation of this subsection.
11.
A day laborer hall lawfully operating on the effective date of this subsection that is in violation of the location requirements of this section shall be deemed a nonconforming use, subject to the provisions of Section 34.
12.
A day laborer hall lawfully operating as a conforming use is rendered a nonconforming use if, subsequent to the grant or renewal of the day laborer hall certificate of occupancy, an existing bus stop of a transportation authority is relocated or abolished.
Z.
Maintaining Order at Day Laborer Halls.
1.
Duty to Maintain Order: The owner, lessee or operator of any day laborer hall shall maintain quiet and good order upon the premises and shall not permit disorderly or immoral conduct or loitering thereon, nor shall he or she cause or permit any noise or nuisance on the parking area and other premises of the day laborer hall that causes a breach of peace or interferes with the reasonable use and enjoyment of surrounding properties.
2.
Alcoholic Beverages on Premises: It shall be unlawful for any person to bring on the premises of any day laborer hall any alcoholic beverage or to consume or attempt to consume alcoholic beverages on the premises.
3.
Urinating or Defecating in Public: It shall be unlawful for any person to urinate or defecate in any place which is visible from a public place where such place has not been designated as a restroom. In this subsection, public place shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, sidewalks, and the common areas of nonresidential property.
4.
Leaving Unattended, Racing In; Loitering:
a.
The following acts or conduct are declared to be unlawful on the premises of any day laborer hall:
(1)
Leaving any motor vehicle unattended without getting the consent of the operator of said day laborer hall; in which event the vehicle may be impounded.
(2)
Cruising or racing a motor vehicle upon the premises of a day laborer hall, or utilizing said premises as a short-cut to any other street or adjacent property.
(3)
For three or more persons to congregate and linger or loiter on the premises of any day laborer hall other than inside a building associated with the day laborer hall or in a legally parked motor vehicle.
b.
Any motor vehicle found unattended upon the premises of any day laborer hall in violation of this subsection, in the absence of actual knowledge of the identity of the person responsible for leaving said motor vehicle, shall be presumed to have been left unattended by the person in whose name such motor vehicle is registered or by any person having been observed operating said motor vehicle on more than one occasion within a period of time not more than one week preceding said violation, and such persons shall be held prima facie responsible for such violation.
5.
Disorderly Conduct: It shall be unlawful for any person while on the premises of any day laborer hall, to provoke a breach of peace or disorderly conduct as stated in Title 9, Chapter 42 of the Texas Penal Code.
6.
Additional Conditions of Operation: No day laborer hall shall be open for business except during the following hours:
a.
Sunday through Thursday from 7:00 a.m. to 6:00 p.m.; and
b.
Friday and Saturday from 7:00 a.m. to midnight.
7.
Penalties: In addition to any other remedies authorized under this ordinance, the City may institute any appropriate action or proceeding in any court of appropriate jurisdiction to restrain, correct, or abate a violation of this subsection. The City may also invoke civil remedies provided by the laws of the state, which shall be cumulative of other enforcement actions.
8.
Maintenance Standards in General: Every person who owns, manages or operates any day laborer hall in the City shall at all times keep and maintain the hall, the premises it is on, and the signage, lighting, security cameras, and other crime preventing environmental design features on the premises in a thoroughly clean and sanitary condition.
9.
Camping: Overnight sleeping or camping is prohibited on any premises of a day laborer hall.
AA.
Community home. It is the purpose and intent of this subsection to regulate community homes so as to protect and promote the health, safety, and general welfare of the residents of a community home, the citizens of the City, and visitors thereto, and to establish reasonable and uniform regulations that allow community homes to locate in specific neighborhoods. Residents of community homes are intended to benefit from being situated within the neighborhood rather than an area of more intense uses. These regulations are intended to balance the right of the citizens of the City to live in a safe and peaceful environment and, on the other hand, the right of individuals to live freely in accordance with the guidelines of the laws and Constitution of the United States and United States Supreme Court rulings pursuant thereto.
These regulations are intended to fully comply with the federal Fair Housing Amendments Act of 1988 ("FHAA"), as amended, and all other applicable state and federal legislation, which may require that reasonable accommodations be made in rules, policies, and practices to permit persons with handicaps or disabilities equal opportunity to use and enjoy a dwelling.
These regulations are also intended to deter property uses and activities which directly or indirectly cause adverse secondary effects, including the depreciation of property values, in the immediate neighborhood surrounding the community home. It is not the purpose or intent of these regulations to restrict or deny lawful access by individuals to housing, but rather to designate a safe and reasonable location to facilitate the operation of a successful community home in a single family neighborhood.
A person commits an offense if he or she causes or permits the operation or establishment of a community home in violation of any of the following restrictions:
1.
Provisions of services. A community home shall provide the following services to persons with disabilities who reside in the home:
a.
food and shelter;
b.
personal guidance;
c.
care;
d.
habilitation services; and
e.
supervision.
2.
Limitation on number of residents.
a.
Not more than six persons with disabilities and two supervisors may reside in a community home at the same time.
b.
The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another.
3.
Evidence of license, contract, or certification. A community home, including an assisted living facility, must provide evidence of a license, contract, or certification with the Department of Aging and Disability Services, the Department of State Health Services, or other state agency, or evidence of incorporation as a nonprofit corporation in the State of Texas.
4.
Orderly facilitation of purposeful housing standard. A community home may not be established within one-half mile of an existing community home. The intent of this paragraph is to prevent oversaturation of community homes, which may be detrimental to the community home residents' ability to benefit from living within a neighborhood, rather than an area of more intense uses.
5.
Limitation on number of motor vehicles. Except as otherwise provided in the Haltom City Zoning Ordinance, the residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home.
6.
Ensuring safety of residents. The Department of Aging and Disability Services, the appropriate licensing agency, or nonprofit corporation shall make every reasonable effort to ensure the safety of residents of a community home operated by or under the regulatory jurisdiction of the department and the residents of a neighborhood that is affected by the location of the community home.
7.
Certificate of occupancy required. Prior to commencing use of a building for a community home, a certificate of occupancy must be obtained in accordance with Section 37 of the Haltom City Zoning Ordinance.
8.
Annual life safety inspection. Community homes shall be subject to annual life safety inspections by the Haltom City Fire Marshal or his or her designee.
9.
Automatic fire sprinkler system required. Community homes shall be equipped with an automatic fire sprinkler system and be in compliance with the applicable Haltom City Building, Residential, and Fire Codes as directed by the Building Official and the Fire Marshal.
10.
Emergency closure. Pursuant to Texas Health and Safety Code Chapter 247, the Haltom City Fire Marshal or his or her designee may immediately close an assisted living facility in circumstances in which:
a.
the facility is established or operating in violation of Texas Health and Safety Code Section 247.021; and
b.
the continued operation of the facility creates an immediate threat to the health and safety of a resident of the facility.
The emergency order to close the facility may be appealed, in whole or in part, to the Board of Adjustment in accordance with the procedures set forth in Section 35.
11.
Reasonable Accommodation. The provisions in this subsection governing the use of community homes shall not be construed to limit a person's right to request a reasonable accommodation on the basis of a disability. A person requesting a reasonable accommodation from this ordinance on the basis of a disability may file a request for reasonable accommodation with the Board of Adjustment in accordance with the procedures set forth in Section 35.
BB.
Banquet Hall. Banquet halls as a primary use must:
1.
Be located in a tenant space of at least 6,000 square feet within a multi-tenant building that has a contiguous building footprint of at least 20,000 square feet; and
2.
Have the owner, lessee or operator of any banquet hall maintain good order upon the premises and shall not permit disorderly or immoral conduct or loitering thereon, nor shall he or she cause or permit any noise or nuisance on the parking area of the banquet hall whereby the quiet and good order of the neighborhood is disturbed; and
3.
Not have the owner, lessee or operator of any banquet hall allow the operation of any sound equipment at any place or in any manner that will disturb the peace and quiet of persons residing in any residential building or operating in any business building located on or within 400 feet of the premises on which such banquet hall is located; and
4.
Not be conducted during the following hours:
a.
From 12:00 midnight to 12:00 noon on Monday, Tuesday, Wednesday, Thursday, and Friday; and
b.
From 1:00 a.m. until 12:00 noon on Saturdays and Sundays.
(Ord. No. O-2010-007-15, § 2, 6-28-10; Ord. No. O-2014-032-03, § 3, 10-27-14; Ord. No. O-2015-007-15, § 1, 6-8-15; Ord. No. O-2015-020-15, § 3, 10-12-15; Ord. No. O-2016-011-15, § 6, 6-27-16; Ord. No. O-2016-024-15, § 4, 11-28-16)