CITY OF TOLAR, TEXAS  ZONING ORDINANCE  Adopted by Ordinance No. 11-05  August 22, 2011    Table of Contents ZONING ORDINANCE  Appendix B, Zoning  TABLEOF CONTENTS  Article 1- General Provisions Section 1 -Title. Section 2 Exemption of the City. Section 3 Purpose. Section 4 Establishment of Districts. Section 5 -Zoning District Map.. 5.1E Boundaries 5.2/ Adoption.  Section 6 - Rules forl Interpretation of District Boundaries 6.1 Uncertainty or Conflicts in District.. Section 7 Zoning Annexed Territory. 7.1 Classification ofl Newly Annexed Territory. 7.2/ Altemative. Zoning of Newly Annexed Territory.. 7.3 Construction in Newly Annexed Temitory.. Section 8 Application of District Regulations. 8.1 Conformance Required... 8.2 Provisions of Ordinance Are. Minimum Requirements. Section 9 - Building Permits and Certificates of Occupancy 9.1 Building Permit Required., 9.2 Conformance Required... Section 10 Platting of Property not Properly Zoned. Section 11 - Pre-existing Uses, Lots, and Structures. 11.1 Pre-existing Uses. 11.2Pre-existing. Lots., 11.3Pre-Existing Structures, Article 2-1 Permitted Uses Section 12 Permitted Use Table.. 12.1 Land Use Table Legend. 12.2 Land Use Table.  3  3  6 6 16 16 17 17 17 18 18 18 18 18 18  Section 13 - Special Conditions for Listed Uses.. 13.1 Description ofl Land Use Table Conditions and Special Regulations. Section 14 - Classification of New and Unlisted Uses.. 14.1. Administrative Official Action. 14.2 City Council. Article 3 - Zoning Districts..  Section 15 -A Agricultural Homesites District.  15.1 Purpose of District. 15.2 Permitted Uses.  15.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 15.4 Off-street Parking and Loading Requirements.  August 22, 2011  Pagei  City ofTolar, Texas    Table of Content ZONINGORDINANCE  Section 16 -"RR" Rural Estate District. 16.1 Purpose. 16.2 Permitted Uses.  19 19 19 19 19 19 20 20 20 20 20 20 21 21 21 21 21 21 22 22 22 22 22 22 23 23 23 23 24 24 24 25 25 25 25 25 25 26 26 26 26 26 27 28 28 28 28 28 28 28  16.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 16.4 Off-street. Parking and Loading Requirements. 16.5 Accessory Building and Structure Regulations. Section 17 -"R8 " Single Family Residential District.  17.1 Purpose. 17.2 Permitted Uses.  17.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 17.4 Off-street parking and loading requirements. 17.5 Accessory Building and Structure Regulations. Section 18 -"R6" Single-Family Residential District..  18.1 Purpose. 18.2 Permitted Uses.  18.34 Density, Area, Yard, Height, and Lot Coverage Requirements. 18.4 Off-street. Parking and Loading Requirements. 18.5 Accessory Building and Structure Regulations, Section 19 -"D" Duplex (2 Family) Resicential  19.1 Purpose. 19.2 Permitted Uses.  19.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 19.4 Off-street Parking and Loading Requirements. 19.5 Accessory Building and Structure Regulations. Section 20 "MF" Multifamily Residential District..  20.1 Purpose. 20.2 Permitted Uses. 20.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 20.4 Off-street Parking and Loading Requirements. 20.5/ Architectural Features.. 20.6 Privacy. 20.7Exterior fire resistant construction. 20.8 Accessory Building and Structure Regulations. 20.9 Required Open Space. 20.10 Entry Feature.. 20.11 Trash Receptacles. 20.12 Traffic.. 21.1 Purpose. 21.2 Generally. 21.3 Permitted Uses. 21.44 Density, Area, Yard, Height, and Lot Coverage Requirements. 21.5 Development and Installation Regulations.. 21.6 Site-built additions 21.7 Accessory building and structure regulations 21.8 Parking Requirements 21.9/ Interior Drives. 21.10 Underground utilities.. 21.11 Open space area. 21.12 Screening.  Section 21 -"MH" HUD Code Manufactured Housing Residential District  August 22, 2011  Pageii  City ofTolar, Texas    Table of Contents ZONING ORDINANCE  21.13 Preservation of site assets.. 21.14 Drainage.. 21.15HUD-Code Manufactured Home Sales.. Section 22 -' "GC" General Commercial District. 22.1 Purpose. 22.2 Permitted Uses. 22.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 22.4 Off-street. Parking and Loading Requirements. 22.5/ Height Requirements. 22.6 Conversion Of Residential Structures.. 22.7 Concurrent Use Of Commercial, And Residential Structures 22.8 Existing Residential Uses. Section 23 -"HC" Highway Commercial District. 23.1 Purpose 23.2 Permitted Uses. 23.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 23.4 Off-street Parking and Loading Requirements. 23.5 Height Requirements. 23.6 Concurrent Use Of Commercial. And Residential Structures. 23.74 Existing Residential Uses. Section 24 -"CBD" Central Business District. 24.1 Purpose. 24.2 Permitted Uses. 24.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 24.4 Off-street Parking and Loading Requirements. Section 25 -"!" Industrial District. 25.1 Purpose. 25.2/ Permitted Uses. 26.1 Purpose.  29 29 29 30 30 30 30 30 30 31 31 31 32 32 32 32 32 32 33 33 34 34 34 34 34 35 35 35 35 35 36 36 36 36 36 37 37 37 37 37 38 38 38 39 39 39 39 39 39  25.3 Density, Area, Yard, Height, and Lot Coverage Requirements. 25.4 Off-street Parking and Loading Requirements. Section 26 - "PD" Planned Development District 26.2 Planned Development Uses. 26.3 Conditions for Planned Developments. 26.4 Density, Area, and Height Regulations. 26.5 Ownership. 26.6 Development Schedule.. 26.7 Report.. 26.8 Platting Requirements. 26.9 Development. Plan Requirement. 26. 10 Site Plan Requirement.  26.11 Combined and Abbreviated Development and Site Plan Submittal.. 26.12 Administrative. Approval of Development Plan and Site Plan...  Article 4 - Supplementary Regulations. Section 27 -S Site Plan Requirements. 27.1 Generally. 27.2 Required Prior to Building Permit. 27.3 Changes to the Site Plan.. 27.4 Council. Approval.  August 22, 2011  Page iii  City ofTolar, Texas    Table of Content ZONING ORDINANCE  27.5 Site Plan Content.. Section 28 Specific Use Permits 28.1 Purpose. 28.2 Permit Required.. 28.3 Application Procedure. 28.4 Site Plan Information. 28.5/ Additional Information. 28.6 Council Action.. 28.7 Conditions of Permit Approval. 28.8 Additional Conditions.. 28.9 Time Limit.. 28.10 Revocation of Permit. 28.11 Amendments to Specific Use Permit. Section 29 General Height Requirements. 29.1 Nonresidential Structures. 29.2 Exceptions. 29.3, Antennas Section 30 ( General Yard Requirements. 30.1 Projections of Structural Features 30.2 Carports.. 30.3 Double Frontage Lots. 30.4 Shared Yards Prohibited.. 30.5 Comer Lots. 30.6 Two or More. Zoning Districts. 30.76 Established Building Line.. 30.8 Measurement.. Section 31 I Accessory Buildings 31.1 General Purpose and Description. 31.2 Accessory Building Regulations Section 32 - Home Occupations. 32.1 Regulations.. Section 33 Temporary Uses and Special Events. 33.1 Generally. 33.2 Permitted Temporary Uses.. 33.3 Permitted Special Events.. 33.4 Contents of Application.. 33.5Approval by the City Council.. 34.1 Parking Table. 34.2 Off-Street Loading Requirements. 34.3 Residential Off-Street. Parking. 34.4 Special Events and Other One-time Events. Section 35 Sign Regulations 35.1P Purpose. 35.2 Definitions. 35.3 General Standards.. 35.4 Schedule for Permanent Signs. 35.5 Schedule for Temporary Signs. 35.7 Prohibited Signs.  39 41 41 41 41 41 41 42 42 43 43 43 43 43 43 44 44 44 44 44 44 44 44 45 45 45 45 45 46 46 46 46 46 47 47 48 48 48 50 52 52 53 53 53 53 54 54 54 55  Errorl Bookmark not defined.  Section 34 ( Off-Street Parking and Loading Requirements  35.6 Pole and Monument not to be Usedi in Combination  August 22, 2011  Pagei iv  City ofTolar, Texas    Table ofContents ZONING ORDINANCE  35.8 Signs Exempt from Regulation, 35.9 Regulations Goveming Sign Measurement. 35.10 Permit Requirements. 35.11 Nonconforming Uses. 35.12 AUTHORITY TO REMOVE SIGNS. 35.13 Meritorious Exceptions and Appeals.. 35.14 Prohibition.. 35.15 Conversion of Portable Signs to Permanent Signs.. Section 36 - Screening Devices and Fence Regulations 36.1 Screening Requirements. 36.2 Fencing requirements. 36.3 Fences in Residential districts. Section 37 -Wireless Communication Facilities.. 37.1 Purpose. 37.2 Definitions. 37.41 Non-residential districts. 37.5 Written report upon denial of request.. 37.6 Satellite receive-only: antennas generally. 37.7 Satellite receive-only: antennas. 37.8L Large Satellite receive-only antennas.. 37.9 Special Exception. Section 38 - Nonconforming Uses, Lots, and Structures 38.1 Categories of Nonconformities. 38.2 Nonconforming Uses Regulated. 38.3 Nonconforming Status. 38.41 Nonconforming Lots of Record. 38.51 Nonconforming Uses ofLand. 38.61 Nonconforming Buildings.. 38.71 Nonconforming Uses of Buildings. 38.8 Repairs and Maintenance. 38.9 Nonconforming Uses Discontinued. 38.10 Changes that Lessen Nonconformity. Section 39 - Administration and Enforcement. 39.1. Administrative Official. 39.2 Enforcement. Section 40 Completion of Buildings Under Construction Section 41 -Zoning Board of Adjustment. 41.1 Establishment. 41.2 City Council Option.. 41.3 Zoning Board of Adjustment Terms of office.. 41.4 Procedure. 41.5 Powers of the Board.. 41.6 Appeals to the Zoning Board of Adjustment. 41.7 Hearing and Decision. 41.8 Authorized Special Exceptions 41.9 Fees.. Section 42 - Duties of City Council.  55 58 59 60 60 60 61 61 61 61 63 64 64 64 65 65 66 67 67 67 68 69 70 70 71 71 71 71 71 72 73 73 73 74 74 74 74 74 74 74 74 75 75 75 77 78 79 80 80  37.3 Residentially Zoned Districts Amateur Radio Equipment. and TV Antennas.  Article 5-A Administration.  August 22, 2011  Pagev  City ofTolar, Texas    Table of Content ZONING ORDINANCE  Section 43 - Fee Schedule Section 44 Amendments 44.1 Generally. 44.2 Amendment Initiation. 44.3 Procedure. 44.4 Notice. 44.5A Protest. 44.6 Frequency of Petition.. Section 45 - Violations and Penalties. 45.1 Complaints Regarding Violations.. 45.2 Penalties for Violation.. Section 46 - Severability Article 6-I Definitions.  80 80 80 80 81 81 81 81 81 81 81 82 83 83 83 83 83 83 83 89 104 109  Section 47 - Rules for Words and Phrases 47.1 General Interpretation. 47.2 Tense and Number.. 47.3 Interpretation of Certain Words.. Section 48 - Definitions. 48.1 General Definitions. 48.24 Land Use Definitions and Explanations, 48.3 Signage Definitions. 48.4 Wireless Communications. Facilities Definitions..  August 22, 2011  Page vi  City ofTolar, Texas    Article 1- General Provisions ZONING ORDINANCE  Article 1 - General Provisions  Section 1  Title  This ordinance shall be known as and may be cited and referred to as the' Zoning Ordinance of the City  of Tolar," which includes narrative regulations and map. Section 2 - Exemption of the City  The City is exempt from any and all regulation contained herein, upon approval of the City.  Section 3 - Purpose  The purpose of this ordinance is to establish zoning regulations and districts in accordance with the City of Tolar Comprehensive Land Use Plan for the purpose of promoting health, safety, morals and general welfare of the City of Tolar. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, of the character of each district and its peculiar suitability for the particular uses specified, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community consistent with the City of Tolar Comprehensive Land  Use Plan. Nothing herein shall be construed to grant' permanent" zoning.  Section 4  Establishment of Districts  The City is hereby divided into eleven (11) straight zoned districts and one (1) special district. The use, height, and development regulations as established are uniform in each district. The districts established  herein shall be known as follows: Abbreviated Designation  Straight Zoned Districts Agricultural Rural Residential District- 1 Acre Single Family Residential District-8,000 s.f. Single Family Residential District-6 6,000 s.f. Duplex (2 Family Units) District Multifamily Residential District Manufactured Housing Residential District General Commercial District Central Business District Highway Commercial District Industrial District Special Districts Planned Development District  A. RR R8 R6 D MF MH GC CBD HC  PD  August 22,2011  Page I  City ofTolar, Texas    Article I-General) Provisions ZONING ORDINANCE  Section 5 - Zoning District Map  5.1 BOUNDARIES. 5.2 ADOPTION.  The boundaries of the zoning districts are delineated on the zoning district map of the City, which is  incorporated in and made a part oft this ordinance for all purposes.  Original, official, and identical copies of the zoning district map are hereby adopted and shall be identified by the signature of the mayor, attested by the City secretary, and bearing the seal of the City under the following words: "This is to certify that this is the official zoning map oft the City of Tolar, Texas," together with the date of adoption. The zoning district map: shall be filed and maintained as follows:  A. One copy shall be filed with the City secretary and retained as the original record and shall not be changed in any manner. A second reproducible copy shall be filed with the City secretary and shall be the official zoning district map. This map shall be maintained by posting on the map all changes and subsequent amendments after their enactment for the B. One copy shall be filed with the administrative official and shall be maintained by posting on C. Reproductions for information purposes may, from time to time, be made of the official  use of the City Council.  the map all changes and subsequent amendments.  zoning district map.  Section 6 - Rules for Interpretation of District Boundaries  6.1 AETANTORCOAFASTENE DISTRICT.  A. Centerlines. Boundaries indicated as approximately following the centerlines of streets, B. Lot Lines. Boundaries indicated as approximately following platted lot lines shall be City Limits. Boundaries indicated as approximately following City limits shall be construed D. Railroads. Boundaries indicated as following railroad lines shall be construed to be midway E. Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drainage courses, creeks, canals, lakes, or other bodies of water shall be construed to follow F. Extensions of Features. Boundaries indicated as parallel to or extensions of features indicated in subsections A through B above shall be sO construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. G. Vacated Public Way. Whenever any street, alley, or other public way is vaçated by official action of the City Council, the zoning district line adjoining each side of the street, alley, or  highways, or alleys shall be construed to follow such centerlines.  construed as following such lotl lines. as following City limits. between the main tracks.  such centerlines.  August 22,2011  Page 2  City ofTolar, Texas    Article 1- General Provisions ZONING ORDINANCE  other public way shall be automatically extended to the centerline of the vacated street, alley, or way, and all area sO involved shall be subject to regulations of the extended H. Variance of Physical Features and Official Zoning Map. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections A through G above, the property shall be considered as classified in the "RR" Rural Residential district, in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of zoning shall be in accordance with the provisions provided in Section 7  districts.  Zoning Annexed Territory.  Section 7 : Zoning Annexed Territory 7.1 CLASSIFICATIONOF. NEWLY,ANNEXED.IERRITORY.  All territory which hereafter is annexed to the City shall automatically be considered to be in the "AG" Agricultural district. The procedure for establishing zoning on annexed territory shall conform to the  procedure established by state law fort the adoption of original zoning regulations. 7.2 ALTERNATIVE. ZONING.OF.! NEWLY_ANNEXED. TERRITORY..  The City Council or petitioners for annexation may request alternative zoning classifications in an area being considered for annexation. The City Council may hold public hearings on annexation and zoning simultaneously, and may approve the: zoning of a newly annexed area at the time of annexation. No person shall erect, construct, or proceed or continue with the erection or construction of any building ors structure, add to any building or structure, or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official. No permit for construction of al building or use of land shall be issued by the building official other than a permit which will allow the construction of al building permitted in the' "A". Agricultural district.  7.3 CONSTRUCTIONINNEWLYANNEXED. TERRITORY.  Section 8 - Application of District Regulations  8.1 CONFORMANCE. REQUIRED.  No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.  8.2 PROVISIONS.OE ORDINANCE. ARE MINIMUM. REQUIREMENTS.  Int their interpretation and application, the provisions of this ordinance shall be construed to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, and general welfare. Wherever this ordinance imposes a greater restriction than imposed by other ordinances,  laws, or regulations, the provisions of this ordinance shall govern.  August 22,2011  Page 3  City ofTolar, Texas    Article 1-General Provisions ZONINGO ORDINANCE  Section 9 - Building Permits and Certificates of Occupancy  9.1 BUILDING.PERMIT. REQUIRED.  No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the administrative official. No building permit shall bei issued for any building or structure except in conformity with the provisions of this ordinance. No permit for the construction of a building or buildings upon any land shall be issued until a building site has been created by the land being a platted lot appearing on a plat properly approved by the City and filed in the records oft the county clerk of Hood  County.  A. Application for building permit: All applications for building permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance. One copy of the plans shall be returned to the applicant by the administrative official, that has markings on the copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative B. Expiration of Building Permit: If the work described in any building permit has not begun within six calendar months from the date of issuance thereof, said permit shall expire, and  official.  work shall not proceed until a new building permit has been obtained.  9.2 CONFORMANCE. REQUIRED.  Building permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with regulations contained herein shall be deemed violation of this ordinance, and punishable as provided by  Section 45 Violations and Penalties hereof.  Section 10 - Platting of Property not Properly Zoned zoned to the proper zoning classification by the City Council. Section 11 - Pre-existing Uses, Lots, and Structures  The City Council shall not approve any plat until the area covered by the proposed plat is or shall be  11.1 PRE-EXISTING! USES  Uses that are in existence at the effective date of this ordinance (Ord. No. to be legal non-conforming uses in accordance with Section  ) shall be deemed  August 22, 2011  Page 4  City ofTolar, Texas    Article 1- General Provisions ZONING ORDINANCE  11.2 PRE-EXISTING.LOTS  Lots and parcels ofl land that are in existence prior to the effective date of this ordinance shall be deemed to be legal non-conforming lots and shall be exempt from the area requirements of the zoning districts. Lots or parcels having existing structures thereon prior to the effective date of this ordinance shall be exempt from the front, rear, and side yard setback requirements for all structures located thereon at that date. However, new construction for structures located thereon after the effective date of this ordinance shall be required to meet the setback requirements oft the respective district applicable to that lot. Structures that are in existence prior to the effective date of this ordinance shall be deemed to be legal non-conforming structures and shall be exempt from the area and height requirements of the zoning districts. Said structures shall be permitted to be expanded, repaired, and remodeled without meeting the area requirements for structures. However, said structures are not exempted from the height regulations for new construction after the effective date of this ordinance that exceeds the regulations provided in the  11.3 PRE-EXISTING. STRUCTURES  respective district applicable to the property on which that structure is located.  August 22, 2011  Page 5  Cityo ofTolar, Texas    Article 2-Permitted Uses ZONING ORDINANCE  Article 2-F Permitted Uses  Section 12 - Permitted Use Table 12.1 LAND_USE.TABLEL LEGEND.  The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed as being "Permitted", permitted by "Specific Use Permit", and prohibited uses as signified by blank cells. Conditions are provided in Section 13, Conditions and Special Regulations for Listed Uses. Any use not expressly authorized and permitted herein is expressly  prohibited.  P  Permitted Use S Specific Use Permit  Prohibited Use  12.2 LAND.USE.TABLE.  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Residential Uses Agricultural Use Apartment Boarding House Caretaker, Guard or Servant Residence or Garage Apartment Dwelling, Guesthouse Convent, Rectory, Monastery Dwelling, Assisted Living Facility P Dwelling, HUD-Code Manufactured Home Housing  Residential RR R8 R6 D MF MH  Non-Residential CBD GC HC  Special Conditions b,h d,g a b,p  P P P  S S S S S S S P P P S P  P P S  P P S PP S S S P P P  P P  P P P P P P P Dwelling, Industrialized  August 22,2011  Page 6  City of Tolar, Texas    Article 2-I Permitted Uses ZONING ORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Dwelling, Mobile Home Dwelling, Multifamily Attached P Dwelling, Single Family Detached Dwelling, Two Family or Disadvantaged P Manufactured Housing Park or Subdivision Public, Civic & Utility Uses Airport, Public/Private Animal Pound, Shelter Assembly Hall Public Cemetery, Mausoleum, Crematorium  Residential  Non-Residential CBD GC HC I  Special Conditions  A RR R8 R6 D MF MH  P  a,9  S P P Dwelling, Single Family  PP P P P  P  P PP P P P P Group Home for the Disabled  S P  P  t a,g,h,i b,g a,9 9 a 9 a 9 9 9 9 9 9 9  S S P P P P P P P S P P P P P P P P P P S P P P P P P P P P P P P P P P P P P P P P P P P P P  S s S S  S  S  P S S S S S S Athletic Field and Play Field, P P P P P P P Community Center P P P P P P P Electrical Generating Station P P P P P P P Electrical Transmission Line P P P P P P P Gas Regulator Station P P P P P P P Golf course, Public P P P P P P P Governmental Administration  P P P P P P P P P  Garage, Public  Facility Library Lodge, Fraternal, Sorority & Clubs Museum Use  S S S S S P  S S S S  P P P P P P P Park  P  Philanthropic and/or Charitable P  August 22, 2011  Page7  City ofTolar, Texas    Article 2 Permitted Uses ZONINGORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Storage Yard Fire  Residential RR R8 R6 D MF MH  Non-Residential CBD GC HC  Special Conditions C 9 a,9  P P S S S S S Public Maintenance Building, P P P P P P P Public Safety Facility, Police & P  P P P P P P P P P P P P P P P P P P P P P P P P P P P  P P P P P P P Public Utility P P P P P P P Religious Institution P P P P P P P Telephone Exchange,  P P P S S S  Switching or Relay Educational Uses School, Business College School, College or University School, Commercial Instruction S School, Commercial Trade  a,9 a,9 9 9 b 9 9 a,9 a,9 9 a,9,4 a,9 9 a,9 a,9 9  P P P P P P P School, Home P S S S S S S School, Home Day  School, Institution, Rehabilitation & Training Center School, Nursery School, Vocational  P P P  P P P P P P P P P P P P S P P S S P S S P P P P P P P P S P  P  PP PP P P P School, Primary or Secondary P  Amusement & Entertainment Uses Amusement Center, Indoor Amusement Center, Outdoor Athletic Field & Play Field, Commercial Auditorium Camp Ground & Related Facilities Country Club Golf Course, Driving Range  S S S P P  P S  S  August 22,2011  Page 8  City ofTolar, Texas    Article? 2-Permitted Uses ZONING ORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Golf Course, Miniature Golf Course, Private Go Cart Track and Other Vehicular Track or Facility Gymnasium Private Club Recreational Ranch or Farm Rodeo Ground/Fair Ground Skating Rink, Indoor Stable, Commercial Stable, Private Swimming Pool, Commercial Shooting Range, Indoor Shooting Range, Outdoor Theater, Indoor Motion Picture P Water Park, Commercial Medical Uses  Residential  Non-Residential CBD GC HC I S P P S S P S S P P P P S S P S P P  Special Conditions 9 a,9 a,9,9 9 a,e,9 g,h b,g,h g,h b,g,h b,g,h 9 a  A RR R8 R6 D MF MH  P P  S  S  P  P P P S S P P S  P  S S  P  P P P S P P  S  S  P P P S S P P P P P P P P P P P P P P P P P P P P P P P P P  a,9 a,9 a,9 a,9 9 9 9 9 a,9 9  S  S S  Clinic Hospital Laboratory, Medical and/or Dental Medical, Dental & Optical Retail Sales Medical, Dental Office Medical Equipment Sales, Rental, & Leasing Service Nursing Home Optician Shop  P P S P S P  P  August 22, 2011  Page 9  City ofTolar, Texas    Article 2-Permitted Uses ZONINGO ORDINANCE  P=Permitted Use $=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Veterinary Hospital with Outside Pens Veterinary Hospital without Outside Pens Veterinarian Office, Small Animal Practice Veterinarian Office, Large Animal Practice Automotive Uses Auto Auction Auto Car' Wash Auto Impound Lot/Wrecker Business Auto Paint & Body Shop Auto Parts & Accessory Sales Auto Rental (Car & Truck) Auto Repair Garage Auto Sales, New & Used Auto Service Station Bus, Train, & Taxi Station or Terminal Farm Machinery & Implement Sales & Service Garage, Repair Heliport Helistop Motor Freight Terminal Park and Ridel Lots Parking Lot, Commercial (Auto) Parking Lot, Commercial (Truck) Recreational vehicle storage (commercial)  Residential  Non-Residential CBD GC HC I  Special Conditions a,g,i,s b,9 b,9  A RR R8 R6 D MF MH  S S P S P S P S  S P S P P P P P S S P a,g,h,i  S  S S P P S S S P P P P P P P S P P S P P S P P P P P S P P a,g,1,m S P P H P S H P S P S P P S P P S P S P P a,c,9,m  b,g b,c,9 g.1 9 b,g,m b,g, b,g,m a,9 a,9 a,g, a,9 b,9 b,g b,g a,9  S  S  S S  August 22, 2011  Page 10  City ofTolar, Texas    Article2 2-1 Permitted Uses ZONNGORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Professional Uses Bank, Savings and Loan Association, Financial Institution Office, Business Office, Professional Office, Real Estate Development Tract or Field Office Commercial, Retail & Service Uses Ambulance Service Animal Grooming Antique Shop Apparel Alteration and Repair P orTailor Shop Appliance Repair, Household Art Gallery  Residential  Non-Residential CBD GC HC P P P P P P P P P P P P P P P P  Special Conditions g g 9 9 9 b,g 9 9 9 9 9 b,c,9 9 9 9 b,c,g 9 b,g 9 b,9  A RR R8 R6 D MF MH  P S P P P  P P P P P P P P P P P P P P P P P P P P P S P P P P P P P P P P P S P P P P P P P P P P S P P S S P a,c,g,m S P a,c,9,m  P P  Arts, Crafts, and Hobby Shop P Auction House, Indoor Bakery, Retail Confectionery Bakery, Wholesale Candy Barber Shop, Beauty Salon, other Personal Shop Building Material Sales Cabinet &/or Upholstery Shop Catering Service Collectibles Shop Contractor, no Outside Storage Permitted Contractor, Outside Storage Permitted Contractor Storage or Equipment Yard  P P  S P  August 22, 2011  Page 11  City ofTolar, Texas    Article 2 Permitted Uses ZONING ORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Convenience Store, with or without Fuel Sales Copy Shop  Residential  Non-Residential CBD GC HC I  Special Conditions a,9 b,9 a,9 9 g a,9 b,g b,g  A RR R8 R6 D MF MH  P P P P P P S P P P P P P P P P P P S P P S P P S S P P P P P P P P P P S P P P P P P P P P P P P P P P P P P P P P S S P S S P P P P P P P  P P P P  Cosmetic Tattoo Establishment, Day Care Center, Adult P P Day Care Center, Child  P  P P P P P P P Day Care, in the Home  Department Store Exterminating Service Factory Outlet, Retail or Wholesale Store Farmers Market, Outdoor Flea Market Funeral Home, Mortuary Furniture, Fixture & Appliance P Store Gift Shop Greenhouse or Plant Nursery Grocery Store Hardware Store Health Club, Recreation Facility S Hobby Studio, Private Hotel, Motel Kennel Landscape Service Laundry, Dry Cleaning Full Service Laundry, Dry Cleaning Pickup P &Receiving Station  P S S  S P  b,g 9 9 a,C,9 a,9 b,c,g a,9 9 a,9 b,g, a,c,9 9 9  ss S S P S  S  August 22,2011  Page 12  City ofTolar, Texas    Article 2 - Permitted Uses ZONINGORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation Laundry, Dry Cleaning Self Service Lithography or Print Shop Locksmith Shop Machinery Sales or Repair Manufactured or Industrialized Home Sales or Rental Meat Market Music Store  Residential  Non-Residential CBD GC HC I  Special Conditions b,g 9 9  A RR R8 R6 D MF MH  S S P  P P P P P P P P P S P P a,c,9,m S P a,c,g,m P P P P P P P P P P P P P P P P P P P P P P P P P P S P P a,g,n,o S P S P  S P P S P P  a,9 9 9 9 9 9 9 g g a,C,9 a,9 S b,c,g,m b,9 b,g b,g 9 9  Office Machine Sales & Service! P Office Supply Store Pawn Shop Pet Shop Pharmacy Photographic Equipment Sales P &Service Photographic Service Radio, Television Studio Recycling Collection Center Rental Store Rental Yard, Commercial & Heavy Equipment Restaurant Restaurant, Drive-in/Drive- thru (Temporary or Seasonal) Sexually Oriented Business Shoe Repair Sign Shop, Painted or Silk- screened  P S P P  P P S P P S P P P P S P P P P  PIPP P P P P Refreshment Stand  S  August 22, 2011  Page 13  City ofTolar, Texas    Article 2-Permitted Uses ZONING ORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Use Designation  Residential  Non-Residential CBD GC HC I P P P S P P S S S P S P P P P P P P P P P  Special Conditions 9 a,C,9 g a,9 9 b,9 9 a,c,9 a,9 a,c,9 a,9 a,9 a,9 a,c,9 a,9 a,9 a,c,9  A RR R8 R6 D MF MH  Studio Stone Monument Sales Tattoo Parlor/Body Piercing Studio Taxidermist Studio Taxidermist Shop Tobacco Shop Video! /Game Rental Watch &/or. Jewelry Sales & Repair Manufacturing & Industrial Uses Assembly Plant Bottling Works Building Materials Manufacturing Dairy Processing Electronics Manufacturing Laundry, Dry Cleaning & Dyeing Plant Machine Shop Manufacturing Facility (Light) Meat Product Processing Mini-warehouse Pharmaceutical Plant Plastic Products Manufacturing Wireless Transmission or Receiving Facility Salvage Yard Stockyard Storage and Warehousing Establishment  P  P P P  P P P P P P P S P P P  (As regulated by Section 37)  S P a,c,g,k  August 22,2 2011  Page 14  City ofTolar, Texas    Article 2-Permitted Uses ZONING ORDINANCE  P=Permitted Use S=Specific Use Permit Blank-Prohibited Use  City of Tolar Land Use Table Land Usel Designation Storage Yard Textile Manufacturing Warehousing, Freight Office and/or Storage Welding or Machine Shop Accessory Uses  Residential RR R8 R6 D MF MH  Non-Residential CBD GC HC I  Special Conditions  S P a,c,g,k P P S P P P P P P P  a,9 a,c,g,k a,c,9 a,p f d  P P P P P P P Accessory building P P P P P P P Carport, Residential P P PP P P P Home Occupation  P P  P P  Christmas tree sales Temporary Construction Building  P  P P P - P P P P  PP P P P P P Utility buildings and structures P  August 22,2 2011  Page 15  City ofTolar, Texas    Article 2-Permitted Uses ZONINGORDINANCE  Section 13 - Special Conditions for Listed Uses  13.1 EAETIOHCFLANPUAEIANE CONDITIONS. AND. SPECIAL. REGULATIONS  The following describe conditions and special regulations for uses listed in the Permitted Use Table. Additional requirements may be added to these herein by the City Council as deemed necessary to protect the health, safety, and general welfare of the citizens of Tolar. No construction or occupancy shall commence for any permitted use until the conditions herein stated or required by the City Council have a. A site plan will be required in accordance with Section 27 Site Plan Requirements. b. As site plan, in accordance with Section 27 Site Plan Requirements, will only be required in C.A All storage shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening. d. Temporary buildings for construction purposes for a period not to exceed the duration of such e. May not be located within 3001 feet of any property zoned for a residential use or any property which is occupied by a church, public school, day care or nursing home. The measurement of distance shall ber measured as a radius from the edge oft the property line. Permitted on ai temporary basis only, in accordance with Section 33 Temporary Uses and All outdoor lighting, including parking lot lighting, shall be directed away from any property h. Any proposed stable or barn must be set back 1501 feet from the property line. Only animals permitted within the corporate limits by the City Code will be permitted on site. - Pens, outdoor kennels, or animal runs must be located 1501 feet from any residentially zoned Acopy of the State Certification ofl licensing or registration as described in Section 42.052of Chapter 42- Texas Human Resources Code must be provided to the City. k. Shall not be used for the storage of wrecked vehicles, or the dismantling of vehicles, or the .A All vehicles being stored for repair shall be screened from all public rights-of-way. m. All equipment shall be stored and displayed on a hard all weather surface.  been met.  districts which require a Specific Use Permit.  construction.  Special Events.  zoned or developed for residential uses.  property.  storage of vehicle parts.  n. Antenna and towers shall be permitted and regulated in accordance with Section 37 Wireless Public or private radio, television, or telecommunication towers over thirty five feet (35) in height require a Specific use permit, as provided in Section 24, Specific Use Permit. . Accessory Dwelling /Garage Apartments are limited to a maximum of 500 square feet. Any business which uses the operation of motor vehicles on site, such as go cart tracks, shall  Communications. Facilities.  not be located within 500 feet from any residentially zoned property.  As regulated by Ordinance  August 22, 2011  Page 16  City ofTolar, Texas    Article: 2-1 Permitted Uses ZONINGO ORDINANCE  S. Requires 10 acres for animal hospital in RR.  Must comply with Chapter 241 oft the Texas Local Government Code  Section 14 - Classification of New and Unlisted Uses  Itis recognized that new types of land use may develop and forms of land use not anticipated herein may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: The administrative official shall refer the question concerning any new or unlisted use to the City Council requesting an interpretation as to the proper zoning classification into which such use should be placed. The use interpretation question shall be determined as to the nature of the use and whether it involves dwelling activity, sales, processing; type of product, storage and the amount and nature thereof (ie., enclosed or open storage); anticipated employment; transportation requirements; the general degree of noise, odor, fumes, dust, toxic material and vibration likely to be generated, if any; and the general The City Council shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various zoning districts, and determine the zoning district or districts within which such use should be permitted. The City Council shall approve use or make such other determination concerning the classification of such use as appropriate, based upon its findings of  14.1 ADMINISTRATIME. OFFICIAL. ACTION..  requirements for public utilities such as water and sanitary sewer.  14.2 CITY.COUNCIL.  fact, and amend this ordinance to reflect said findings and decisions.  August 22, 2011  Page 17  CityofTolar, Texas    Article3 3- Zoning Districts ZONING ORDINANCE  Article 3-Zoning Districts  Section 15 A/ Agricultural Homesites District  15.1 PURPOSEOF DISTRICT.  The "A" district is designed to permit sparsely settled residential development in combination with traditional farming activities. Division of land ordinarily occurs in order to accommodate agricultural  needs. Urban-type public improvements normally are not required in this district. Uses in the' "A" district shall be in accordance with Section 12, Permitted Use Table. 15.3 PABSITLAREAYARA,HEeHHLANBLPICOMEASE REQUIREMENTS.  15.2 PERMITTED! USES.  The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the Density, Area, Yard, Height, and Lot  Coverage Requirements for the A Zoning District.  AG - Zoning District Area Requirements  Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Lot Coverage Maximum Building Height Minimum Floor Area  5acres 200ft. 250ft. 50ft. 20ft. 50ft. 50% 36f ft. or 2 1/2 stories 2000s s.f. living area 1000 s.f. ground floor  15.4 OFFSTREIPARKINSANP LOADING! REQUIREMENTS.  Off-street parking and loading requirements shall conform to the provisions of Section 34 Off Street  Parking and Loading Requirements.  August 22, 2011  Page 18  City ofTolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  Section 16 16.1 PURPOSE.  RR" Rural Estate District  The purpose of the "RR" Rural Residential district is to provide for compatible land, building, and structure uses primarily oriented to agricultural farming and ranching and low density residential purposes. The district also serves as a transitional land use element pending future more intensive urbanization; open space for the protection and enhancement of scenic areas, vistas and recreations uses; and where unusual or problematic soils, topographic conditions or sensitive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization. The primary intent of the "RR" district is a land use designated to aid in the protection of certain lands suitable for producing and supplying food and related agricultural farm and ranch products from more intense urbanization until such time as warranted by demand and supportive community facilities and Uses permitted in the "RR" Rural Residential district shall be in accordance with Section 12 Permitted Use  services. Table.  16.2 PERMITEDUSES.  16.3 DENSITX,.AREA. YARP.HEIGHI.ANDWOT_COVERAE) REQUIREMENTS  The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the' "RR" Rural Residential district shall conform with the provisions provided in the Area Requirements for  the' "RR"Zoning District table.  "RR "Zoning District Area Requirements  Maximum Density Minimum Lot/ Area Minimum Lot Width Minimum Lot Depth Minimum Front' Yard Minimum Side Yard Minimum Rear Yard Maximum Building Height Minimum Dwelling Size  0.75 (d.u./acre)* 1Acre 150ft. 150ft. 40ft. 25ft.. 40ft. (same as Front Yard) 30ft. 35ft. 1,500 sq. ft.  Minimum Side Yard adjacent to Street (corner lot)  *d.u. = dwelling unit  16.4 OFF-STREELPARANKINGANDLOAPINS. REQVIREMENTS.  Off-street parking requirements pertaining to uses allowed in the "RR" Rural Residential district shall  conform to the provisions of Section 34 Off-street Parking and Loading Requirements.  16.5 ACCESSORY. BUILDING/ AND. STRUCTURE. REGULATIONS  Area regulations for accessory buildings or accessory structures shall be in compliance with Section 31,  Accessory Buildings.  August 22,2011  Page 19  City ofTolar, Texas    Article3-Zoning! Districts ZONING ORDINANCE  Section 17 - "R8" Single Family Residential District  17.1 PURPOSE.  The purpose of the "R8" Single Family Residential district is to provide for compatible land, building, and structure uses primarily oriented to low density residential estate purposes, select agricultural uses, and open space uses. The "R8" district is intended to serve as a transitional element between agricultural activities and those of higher density development. Low density detached, single-family residential dwellings and estate development, along with limited agricultural uses, comprise the principal elements of  the' "R8" district. 17.2 PERMITEDUSES. Permitted Use Table.  Uses permitted in the "R8" Single Family Residential district shall be in accordance with Section 11  17.3 DENSTYAREA.YARP.MEOALANPIOICOVERASEREQUREMENTS  The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "R8" district, shall conform with the provisions provided in the Area Requirements for the "R8"Z Zoning  District table.  "R8" " Zoning District Area Requirements  Maximum Density Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Building Height Minimum Dwelling Size  3.25 (d.u./acre)* 8,000s sq. ft. 65ft. 110ft. 25ft. 15ft. 20ft. 35ft. 1,500 sq. ft. "d.u. = dwelling unit  Minimum Side Yard adjacent to street (corner lot)  25ft. (same as Front Yard)  17.4 OFF-STREETPARKINANDLOAPINGREQUIREMENTS. the provisions of Section 34 Off-street Parking and Loading Requirements. 17.5 ACCESSORY.! BUILDING.AND: STRUCTURE. REGULATIONS.  Off-street parking and loading requirements pertaining to uses allowed int the "R8" district shall conform to  Area regulations for accessory buildings or accessory structures shall be in compliance with Section 31  Accessory Buildings.  August 22,2011  Page 20  City ofTolar, Texas    Article3 Zoning Districts ZONING ORDINANCE  Section 18 - "R6" Single-Family Residential District  18.1 PURPOSE.  The purpose of the "R6" Single Family residential district is to provide for compatible land, building, and structure uses primarily oriented to low density residential purposes and open space uses. It is the intent tou use the' "R6" district recognizes the existence of small lot conventional single family development which  presently exists in the City. 18.2 PERMITTED! USES.  Uses permitted in the' "R6" district shall be in accordance with Section 12 Permitted Use Table. 18.3 DENSITY.AREA. YARP.HE9HL.AMPLeT: COVERAGE. REQVIREMENTS  The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "R6" district, shall conform to the provisions provided in the Area Requirements for the "R6" Zoning  District table.  "R6" Zoning District Area Requirements  Maximum Density Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Building Height Minimum Dwelling Size  1unit perl lot 6,000 sq.1 ft. 50ft. 100ft. 25ft. 7.5ft. 15ft. 20ft. 2.5 story or 35ft. 1,000 sq. ft. d.u. = dwelling unit  Minimum Side Yard adjacent to street (corner lot)  18.4 OFFSTREIPARKNSANP LOADING! REQUIREMENTS the provisions of Section 34 Off-street Parking and Loading Requirements. 18.5 ACCESSORY. BUILDING. AND. STRUCTURE. REGULATIONS  Off-street parking and loading requirements pertaining to uses allowed in the "R6" district shall conform to Area regulations for accessory buildings or accessory structures shall be in compliance with Section 31  Accessory Buildings.  August 22, 2011  Page 21  City ofTolar, Texas    Article 3- Zoning Districts ZONING ORDINANCE.  Section 19 - "D" Duplex (2 Family) Resicential  19.1 PURPOSE.  The purpose of the "D" Duplex residential district is to provide for compatible land, building, and structure uses primarily oriented to low density residential purposes and open space uses on which a maximum of  two attached dwelling units may exist on a single lot.  19.2 PERMITTED! USES.  Uses permitted in the "D" district shall be in accordance with Section 12 Permitted Use Table. 19.3 DENSITY,AREA. YARP.HEIGHT.ANDLOTCOVERASE REQUIREMENTS  The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "R6" district, shall conform to the provisions provided in the Area Requirements for the "R6" Zoning  District table.  "D" Zoning District Area Requirements  Maximum Density Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Building Height Minimum Dwelling Size  2units per lot 8,000 sq. ft. 65ft. 110ft. 25ft. 7.5ft. 15ft. 20ft. 2.5 story or 35ft. 1,000sq.ft. d.u. = dwelling unit  Minimum Side Yard adjacent to street (corner lot)  19.4 OFF-STREET. PARKING.AND! LOADING. REQUIREMENTS the provisions of Section 34 Off-street Parking and Loading Requirements. 19.5 ASGESSOR/EBVMPINSANP: STRUCTURE! REGULATIONS  Off-street parking and loading requirements pertaining to uses allowed in the "D" district shall conform to Area regulations for accessory buildings or accessory structures shall be in compliance with Section 31  Accessory Buildings.  August 22, 2011  Page 22  City ofTolar, Texas    Article3 Zoning Districts ZONING ORDINANCE  Section 20 - "MF" Multifamily Residential District  20.1 PURPOSE.  The purpose of the "MF" Multifamily Residential district is to provide for compatible land, building, and structure uses primarily oriented to high density multifamily residential purposes, open space uses, and associated uses. The "MF" district is intended to serve as a transitional element between lower density and more intense nonresidential land uses, and is most appropriately, located near the intersections of major thoroughfares. Apartment buildings and condominiums comprise the principal elements of the  "MF" district. 20.2 PERMITTEDUSES. Table.  Uses permitted in the "MF" Multifamily district shall be in accordance with Section 12 Permitted Use  20.3 OESTAABA.YARA,HEATEPALANDIOICOMEASE REQUIREMENTS  The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "MF" district, shall conform to the provisions provided in the Area Requirements for the "MF" Zoning  District table.  "MF" Zoning District Area Requirements  Maximum Density Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard  18.0 (d.u./acre)* 30ft. 100ft. 25ft. 10ft. 25ft. (same as Front Yard) 25ft. 35ft.  Minimum Side Yard adjacent to street (corner lot)  Minimum Rear Yard Maximum Building Height Minimum Dwelling Size  Efficiency:600sq. ft. 1bedroom unit:750sq. ft. 25 bedroom unit:900sq. ft. 3bedroom unit:1,100 sq. ft. 45 bedroom unit:1,400 sq. ft.  *d.u. = dwelling unit  August 22,2011  Page 23  City ofTolar, Texas    Article3 3 Zoning Districts ZONING ORDINANCE  20.4 OFF-STREET! PARKNSANDLOADNS REQUIREMENTS  Off-street parking and loading requirements pertaining to uses allowed in the "MF" district shall conform to the provisions of Section 34 Off-street Parking and Loading Requirements. In addition, the following shall  apply:  A. All parking shall meet the requirements of the Americans with Disabilities Act (ADA). Parking areas shall be paved with concrete and graded to drain appropriately. B. Parking of recreational vehicles of any type shall be prohibited in the multi-family area. D. Open carports in a street yard are not permitted. All vehicle parking located in any street E. All required parking shall be covered parking and shall be architecturally compatible with the F. Ar minimum of 10% of all required parking shall be designated as guest parking and shall be clearly marked as reserved for guests and shall be in an area providing guest with G. Runs of parking spaces shall be limited to a maximum of twelve (12) spaces without a landscaped island. However, up to 16 spaces may be permitted in situations where it is  C. Semi-trractor trucks are prohibited from parking overnight.  yard shall bei fully enclosed, with an architecturally compatible design.  main structures in the project.  unrestricted access to the guest parking spaces.  required to save existing trees.  20.5 ARCHITECTURAL. FEATURES exceed two stories in height.  Varied roof lines and/or heights shall be used to reduce the appearance of the mass of buildings which  A. Techniques, such as varied set-backs, bay windows, balconies, and changes in material, color and texture, shall be used to articulate facades and side wall elevations. Where rear B. Flat roof design is prohibited. Gabled roofs or hipped roofs shall have a minimum pitch of C. Each structure shall contain a transparent glass window or windows with an aggregate area D. All units shall have a minimum of 9' ceiling in the living areas, noti including closets & storage  walls are visible from a public street, similar techniques shall be used.  5:12.  of at least 20% of the front facade of that unit.  spaces.  20.6 PRIVACY.  Privacy features between buildings shall include the following:  A. Windows, balconies or similar openings above the first story shall be oriented sO as not to B. Units above the first story shall be designed sO that they do not look directly onto private  have a direct line-of-sight into adjacent units within the project. patios or backyards of adjoining residential property. C. Landscaping shall be used to aid in privacy screening.  August 22, 2011  Page 24  City ofTolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  20.7 EXTERORFREREISTANIÇONSTRVÇTON  Exterior fire resistant construction shall be required on all residential building structures hereafter constructed, erected, reconstructed, enlarged or moved onto any lot or parcel within the City. Exterior fire resistant construction shall mean and consist of a minimum of 75 percent oft the total ground floor exterior wall surface (exclusive of opening for light, ventilation and access) of residential building structures to be of brick, stone or combination thereof, or of an equivalent masonry material as approved by the Zoning Board of Adjustments; and further provided no single ground floor wall face of any residential building structure shall contain less than 75 percent of its exposed surface of exterior fire resistant construction Area regulations for accessory buildings or accessory structures shall be in compliance with Section 31  material.  20.8 ACCESSORY. BVIOMGAMDSTRVCTURE REGULATIONS  Accessory Buildings. 20.9 REQURED.OPENSPACE  A. The minimum amount of required open space for any multi-family lot shall be twenty (20) percent of the area of the lot, net of floodplain and adjacent right-of-way. Each ground level dwelling unit shall be provided with one useable open space adjacent to the unit. B. A portion of the open space will be improved for the recreational use of the residents. Such improvements shall include, but may not be limited to, jogging trails, picnic areas, children's play areas, and athletic courts. Configuration of the recreational area shall be subject to site plan approval. The improved recreational area will be maintained by a Property  Management or the owner of the multi-family property.  20.10 ENTRY_FEATURE.  Ar main entrance feature, which may consist of a combination of landscaping, aesthetic features such as rocks,sculptures, and water, and street pavers, shall be provided. The entrance feature shall be  consistent with the basic architectural theme of the development.  20.11 TRASHRECEPTACLES  There shall be one centralized trash collection point serving each multi-family development. A. No trash collection point shall be located within 100ft. of a property line. B. The centralized trash collection point shall not be located in any street yard.  C. All trash receptacles shall be screened with a masonry wall of similar material as the main structure, with appropriate landscaping on three sides and shall have a screening gate which  shall remain closed except when being serviced.  20.12 TRAFFIC.  A traffic impact analysis, prepared by a qualified traffic engineer, must accompany the site plan. However, the traffic impact analysis requirement may be excluded from the site plan if the City Engineer  determines that the analysis is not necessary for the multi-family development.  August 22,2011  Page 25  City ofTolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  Section 21 - "MH" HUD Code Manufactured Housing Residential District  21.1 PURPOSE.  The purpose of the "MH" HUD Code Manufactured Housing residential district is to provide adequate space and restrictions for the placement of HUD-Code manufactured homes in the City within designated subdivisions. This does not include mobile homes as defined in this ordinance. The "MH" district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the "MH" district. It is the intent of the "MH" district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide  amenities normally associated with planned residential areas.  21.2 GENERALLY.  Land within the "MH" district will be developed as a HUD-Code manufactured home subdivision. Lots within the "MH" district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the City Council. All roadways within a HUD- Code manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the City. Land zoned "MH" which is not developed as a HUD-Code manufactured home subdivision may be developed in accordance with "R8" zoning district regulations. In the "MH" district, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless Uses permitted within the "MH" Manufactured Housing district shall be in accordance with Section 12  otherwise provided in this ordinance. 21.3 PERMITTED.USES. Permitted Use Table.  21.4 PABSITABA.TARA.ABALANPLAICOVRASE REQUIREMENTS  The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "MH" district, shall conform to the provisions provided in the Area Requirements for the "MH" Zoning  District table.  "MH" Zoning District Area Requirements  Maximum Density Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front' Yard Minimum Side Yard Minimum Rear Yard Maximum Building Height Minimum Dwelling Size  6.0 (d.u./acre)* 7,200sq.ft. 60ft. 120ft. 25ft. 7.5ft. 25ft. (same as Front Yard) 10ft. 20ft. 1,200sq.ft. *d.u. = dwelling unit  Minimum Side Yard adjacent to street (corner lot)  August 22, 2011  Page 26  City ofTolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  21.5 DAPVEQEMEMTANPNSTANATPARESUATON:  Any property developed within the "MH" district as a HUD Code Manufactured Home or as a  manufactured housing subdivision shall meet the following requirements:  A. HUD Code Manufactured Homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in B. HUD Code Manufactured Homes must have a minimum of an eighteen-inch crawl space . Ac concrete or asphalt surface with good drainage shall cover the area where a home is to be D. Each HUD Code Manufactured Home site shall have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance E. HUD Code Manufactured Homes shall have permanent steps installed at all exits. F. Each HUD Code Manufactured Home shall have two covered Parking Spaces. All carports shall be built in place with no fiberglass or metal roofs. Carports shall have at least two walls G. Skirting shall be securely attached between the HUD Code Manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, fiberglass, or lattice-type skirting is H. Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have Sanitation, fire protection, and underground utility services shall be provided to each lot in J. Driveways shall be all weather = dust free construction and shall extend from the right-of- way to the carport or garage. No parking will be permitted on any portion of the lot on any K. Drainage and garbage collection right-of-way, fire lanes, and utility easements shall be provided. as required by the City. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service. Soil conditions, ground water level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents. M. HUD-Code Manufactured Home subdivisions shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval oft the City.  accordance with manufacturer's specifications.  under all homes. sited.  installed adjacent to each site.  with exterior siding of wood or masonry construction.  prohibited.  affixed a seal oft the appropriate federal or state department. accordance with the City ordinances and regulations. other surface than an all weather - dust free surface.  August 22,2011  Page 27  City ofTolar, Texas    Article 3- Zoning Districts ZONING ORDINANCE  N. Any structural alteration or modification of a HUD-Code manufactured home after iti is placed on the site must be approved by the building official of the City of Tolar. All structural  additions shall comply with the City's building codes and ordinances.  21.6 STE-SVLTAPDITIONS.  The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in  order to increase the compatibility with conventional single family housing in the City.  21.7 ACCESSOR/BVIEPINSANDSTRUCTURE REGULATIONS.  Area regulations for accessory buildings or accessory structures shall be in compliance with Section 30  Accessory Buildings. 21.8 PARKNGREQUREMENTS  Parking requirements for the HUD Code Manufactured Housing District shall be in compliance with  Section 34 Off-street Parking and Loading Regulations. The use of private interior drives must be approved by the City.  21.9 INTERIORDRIMES.  A. Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a B. Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the C. All private interior drives, entrances, and service drives shall be constructed in accordance with City design standards. The developer shall bear the total cost of construction and D. All parking areas and public streets shall be of concrete or asphalt construction, as approved  minimum paved roadway width of thirty-one feet (31) back-to-back.  City of Tolar Subdivision Regulations. maintenance of all such improvements.  by the City engineer.  21.10 VADERGRQUNDVTHTES 21.11 OPENSPACEAREA.  All utility lateral and service lines located within the "MH" District shall bei installed underground.  Open space designated for the use and enjoyment of all residents shall be provided within a HUD Code Manufactured Home subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall As solid opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-Code Manufactured Home subdivision which do not abut a dedicated street. Said screening wall or fence shall be masonry and of a decorative construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the City. However, any request to waive this requirement shall be presented as an element of the site plan and  bel located within the subdivision being developed.  21.12 SCREENING.  shall be subject to approval at that time only.  August 22,2011  Page 28  City oft Tolar," Texas    Article3 - Zoning Districts ZONING ORDINANCE  21.13 PABESENATSAGESTEABETS preserve on-site assets:  When developing a HUD-Code Manufactured Home Subdivision, the following steps shall be taken to  A. Suitable available topsoil and desirable existing trees.  B. Shrubs and ground cover shall be preserved and protected where practicable. C. Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be regraded or disturbed. This topsoil shall be collected and stored on the site in convenient  places for future use and shall be free of debris during construction.  21.14 DRAINAGE.  Engineering plans for drainage shall be submitted for review by the City at the time of site plan approval.  All applicable requirements oft the City shall be met. 21.15 HUD-CODE. MANWPASTUREDHOWESAES: Commercial sales and promotion are not permitted.  HUD-Code Manufactured Home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis.  August 22, 2011  Page 29  City ofTolar, Texas    Article3-2 Zoning Districts ZONING ORDINANCE  Section 22 - "GC" General Commercial District  22.1 PURPOSE.  The purpose of the "GC" General Commercial district is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The "GC" General Commercial district is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high density residential districts and higher intensity commercial and industrial districts. Uses permitted in the "GC" Commercial district shall be in accordance with Section 12 Permitted Use  22.2 PERMITTED. USES.  Table.  22.3 DENSITK.AREAYARD.PEGHLANDIOTCOVERASE REQUIREMENTS provisions provided in the' "GC" Zoning District Area Requirements table.  The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "GC" district, shall conform with the  "GC"Zoning District Area Requirements  Minimum Lot/ Area Minimum Lot Width Minimum Lot Depth Minimum Front' Yard Minimum Side Yard Minimum Rear' Yard Maximum Building Height  6,000 sq. ft. 60ft. 100ft. 25ft. 5ft. (same as 25ft. Front Yard) 25ft. 35ft.  Minimum Side Yard adjacent to street (corner lot)  22.4 OFF-STREEIPARKNGANDL9APN9 REQVIREMENIS. to the provisions of Section 34 Off-street Parking and Loading Requirements.  Off-street parking and loading requirements pertaining to uses allowed in the "GC" district shall conform No building shall exceed 351 feet in height except as provided in Section 29 General Height Requirements.  22.5 HEIGHT. REQVIREMENTS.  August 22,2011  Page 30  City ofTolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  22.6 CONVERSION! OF RESIDENTIAL: STRUCTURES accordance with thet following conditions:  All residential structures located within the "GC" District may be used as commercial or residential uses in  A. The residential structure is not altered such that the bathrooms, kitchen, and garage facilities B. The natural ground cover in the front, side, or rear yards is not removed or paved with a permanent surface as to renderi it unusable for typical residential purposes. C. Any and all signage shall be monument or nameplate type signs. In the event that the use of the structure shall change from commercial to residential, all non-residential signage shall be removed and the original ground cover shall be returned to the original condition existing  are removed or rendered unusable for a residential structure.  prior to placement of the sign.  22.7 CONCURRENTUSE OF. COMMERCIAL: ANDRESIDENTIAL: STRUCTURES  All commercial structures may contain a residential use concurrent with the commercial use, in  accordance with the following restrictions:  A. Only one residential unit, regardless of square footage of the residential use, may be B. More than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed sixty percent of the  permitted per commercial structure, except that total square footage of the structure.  22.8 EXSTINGRESDENTAL USES.  All legal and valid residential uses existing on the effective date of this ordinance within the "GC" District shall have legal conforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. All expansions or remodels shall  comply with the provisions of this ordinance.  August 22,2011  Page 31  City ofTolar, Texas    Article3-2 Zoning Districts ZONING ORDINANCE  Section 23 - "HC" Highway Commercial District  23.1 PURPOSE.  The purpose of the "HC" Highway Commercial district is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The "HC" Highway Commercial district is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high density residential districts and higher intensity commercial and industrial districts. Uses permitted in the "HC" Highway Commercial district shall be in accordance with Section 12 Permitted  23.2 PERMITTEDUSES. Use Table.  23.3 DENSITY,AREA. XARP.HEIGHI.ANDLOTÇOVERASERAGEREQUIREMENTS provisions provided in the' "HC" Zoning District Area Requirements table.  The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "HC" district, shall conform with the  "HC" Zoning District Area Requirements  Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear' Yard Maximum Building Height  6,000 sq. ft. 60ft. 100ft. 25ft. 5ft. (same as 25ft. Front Yard) 25ft. 35ft.  Minimum Side Yard adjacent to street (corner lot)  23.4 OFF-STREETPARKNS. AND. LOADING. REQUIREMENTS. the provisions of Section 34 Off-street Parking and Loading Requirements.  Off-street parking and loading requirements pertaining to uses allowed in the "HC" district shall conform to No building shall exceed 351 feet in height except as provided in Section 29 General Height Requirements.  23.5 HEGHIREQVIREMENTS  August 22, 2011  Page 32  City ofTolar, Texas    Article3 Zoning Districts ZONING ORDINANCE  23.6 CONCURRENT. USE.OF COMMERCIAL. AND! RESIDENTIAL STRUCTURES  All commercial structures may contain a residential use concurrent with the commercial use, in  accordance with the following restrictions:  A. Only one residential unit, regardless of square footage of the residential use, may be B. More than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed sixty percent of the  permitted per commercial structure, except that total square footage oft the structure.  23.7 EXISTINGRESIDENTIAL USES.  All legal and valid residential uses existing on the effective date of this ordinance within the "HC" District shall have legal conforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. AIl expansions or remodels shall  comply with the provisions of this ordinance.  August 22, 2011  Page 33  City ofTolar, Texas    Article3. - Zoning Districts ZONING ORDINANCE  Section 24 - "CBD" Central Business District  24.1 PURPOSE.  The purpose of the "CBD" Central Business district is to provide for land, building, and structure uses primarily oriented to a variety of indoor and outdoor general business activities of a mixed and diversified nature which supply the needs of the community and to some degree that oft the immediate regional area, including regional and community shopping centers. The general character of the "CBD" Central Business district comprises a broad range of retail and service uses, entertainment uses, community facilities, and general office uses. The "CBD" Central Business district is most appropriately located at major thoroughfare and highway intersections, and as at transitional district between industrial districts and more  restrictive commercial districts and high density residential districts.  24.2 PERMITTED.USES. Use Table.  Uses permitted in the "CBD" Central Business district shall be in accordance with Section 12 Permitted  24.3 ENSTAAREA.VARP.M8COVERASEREQUREMENTS provisions provided in the Area Requirements for the' "CBD" Zoning District table.  The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "CBD" district, shall conform to the  "CBD" Zoning District Area Requirements  Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard  3,000 sq. ft. 25ft. 100ft. Oft.  10ft. adjacent to residential use, Oft. adjacent to' "CBD" Oft. Oft. 70ft.  Minimum Side Yard adjacent to street (corner lot)  Minimum Rear Yard Maximum Building Height  24.4 OFF-STREETPARKNG, ANPLOAPNAREQARAENT.  There shall be no off-street parking and loading requirements pertaining to uses allowed in the "CBD"  district.  August 22, 2011  Page 34  City of Tolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  Section 25 - "I" Industrial District  25.1 PURPOSE.  The purpose of the' "!" Industrial district is to provide for land, building, and structure uses encompassing a variety of mixed wholesale and warehousing activities, light manufacturing, processing, and assembly plants, general offices, and research and development laboratories. The "!" Industrial district is characterized by activities and facilities which are generally incompatible with residential areas by virtue of materials storage yards, truck traffic generation, noises, odors, flammable materials, etc., and rely on direct access to major thoroughfares and highways, and in many cases railroad facilities for the Uses permitted in the' "!" Industrial district shall be in accordance with Section 12 Permitted Use Table. The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the "!" district shall conform with the  movement ofr raw supplies and finished products.  25.2 PERMITTED. USES.  25.3 DENSTYAREAYARP.MEPALANPLAICOVERASEREQUREMENTS provisions provided in the Area Requirements for the "I" Zoning District table.  ""Zoning District Area Requirements  Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front' Yard Minimum Side Yard  6,000s sq. ft. 60ft. 100ft. 25ft. 10ft. if adjacent to residential use, Oft. to other districts. 10ft. 25ft. 70ft.  Minimum Side Yard adjacent to street (corner lot)  Minimum Rear Yard Maximum Building Height  25.4 OFF-STREET PARKING.AND! LOADING! REQUIREMENTS. the provisions of Section 34 Off-street Parking and Loading Requirements.  Off-street parking and loading requirements pertaining to uses allowed in the "!" district shall conform to  August 22, 2011  Page 35  City ofTolar, Texas    Article3 3- Zoning Districts ZONING ORDINANCE  Section 26 - "PD" Planned Development District  26.1 PURPOSE.  The purpose oft the "PD" Planned Development District is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the City which promote the health, safety, morals, and general welfare of the community. A Planned Development may include a combination of different dwelling types and/or a variety of residential and non-residential land uses which creatively complement each other and  harmonize with existing and proposed land uses in the vicinity.  26.2 HAMMEPPEVELOPMENT, USES.  Ina Planned Development District, no building or land shall be used, and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in an approved Planned Development. Planned Developments shall be considered appropriate where the following conditions prevail:  26.3 COAPTONSFORPHANEP. DEVELOPMENTS.  A. The project is consistent with the Comprehensive Land Use Plan and the goals and B. Dwelling units are situated in such a way that an appreciable amount of open space is :. The project utilizes an innovative approach in lot configuration and mixture of residential and D. Higher densities than conventional single-family projects of the same acreage are able to provide, with increased open space and appropriate buffering between existing conventional E. Non-residential uses are situated such that an appreciable amount of land is available for open space or joint use as parking and public access space and is integrated throughout the F. Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional residential and non-residential projects, and G. The project provides a compatible transition, which may include buffer yards, thoroughfares, ort transitional uses, between adjacent existing single family residential projects and provides ac compatible transition for the extension of future single family projects into adjacent  objectives of the City,  available and is integrated throughout the planned development,  commercial type land uses. single-family developments. planned development.  undeveloped areas.  26.4 DENSITKAREAANPHEON, REGULATIONS.  Ina approving a Planned Development or a use designation in a Planned Development, the City Council shall specify density, area, height, screening, parking, landscaping, and other development criteria as may be required in Section 26.9, Development Plan Requirements. Such standards shall be indicated on the Development Plan and shall be made a part of the ordinance. No property located in a Planned Development shall be modified as to density, area, height, screening, parking, landscaping or other development criteria unless a Development Plan containing such revised development criteria is  approved.  August 22,2011  Page 36  City ofTolar, Texas    Article3 - Zoning Districts ZONING ORDINANCE  26.5 OWNERSHIP.  An application for approval of a use designation, Development Plan or Site Plan in the Planned Development may be filed by a person having a legal interest in the property. The application shall be filed in the name(s) of the record owner(s) of the site, which shall be included in the application. The applicant shall provide evidence, in a form satisfactory to the City attorney, prior to final approval, that the An application for a use designation for new construction or construction that increases the floor area of the principal structure(s) shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council shall become part of the Planned Development Ordinance and shall be adhered to by the owner, developer, and their assigns or The City shall require the owner/developer of the Planned Development to submit a written report on a regular basis to the City Council. Said written report shall describe the progress achieved towards the development schedule. In the event that the owner/developer neglects to provide a written report, as established and agreed to in the Planned Development ordinance, or if the owner/developer neglects to initiate any progress, the City may initiate proceedings to rezone the property to a zoning district deemed appropriate. However, no rezoning effort shall be initiated by the City prior to making an official inquiry of No application for a building permit for the construction of a building or structure shall be approved unless the property on which the proposed improvements are planned has been platted. The plat must meet all the requirements of the City of Tolar, and must have been approved by the City Council and recorded in An application for a Planned Development, or approval of a use designation in a Planned Development which will require new construction which increases the floor area of the principal structure(s) or a change in the development criteria applicable to the site shall include and be accompanied by a Development Plan, which shall become a part of the amending ordinance. The Development Plan shall include the  applicant has the authority to file the application on behalf of all owners of the site.  26.6 DEVELOPMENT. SCHEDULE.  successors in interest. 26.7 REPORT.  the owner/developer regarding the status of the Planned Development.  26.8 PMATTHOREQUREMENTS  the official records of Hood County. 26.9 DEVELOPMENTPLAN. REQUIREMENT.  following information:  A. As scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five feet, or spot B. Where multiple types of commercial land uses are proposed, al land use plan delineating the specific areas to be devoted to various commercial uses shall be required. C. A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation  grades where the relief is limited.  August 22, 2011  Page 37  City ofTolar, Texas    Article3 3-Zoning Districts ZONING ORDINANCE  facilities proposed or required to assure the safe function of the circulation plan shall also be D. Ad designation of the maximum building coverage of the site shall be indicated upon the Development Plan. General foot print of buildings shall be indicated showing the  shown.  approximate position and sizes of any proposed structures. E. Screening shall be provided as indicated on the Development Plan.  F. Any or all of the required features may be incorporated on a single drawing ifs such drawing is clear and capable of evaluation by the administrative official and interpretation by the  Building Inspector.  Any amendment to a Development Plan must be approved by ordinance following public notice and a  public hearing meeting the requirements of Section 44.3, Procedure.  26.10 STEPMAMREQUIREMEN,  Prior to issuance of a building permit, for new construction or construction which increases the floor area of the principal structure(s) or construction that changes the development criteria for the site, a Site Plan ina accordance with Section 24 Site Plan Requirements will be required. The Site Plan shall be presented for approval to the City Council. The Site Plan may be submitted concurrently with the Development Plan. Ift the Development Plan and the Site Plan are submitted separately, a separate public hearing and Ifapplication is made for a new use designation in a Planned Use Development on a site which contains existing improvements which are not proposed to be enlarged, the following combined and abbreviated Development and Site Plan shall be permitted in place of a Development Plan. A combined and  action shall be required for both submittals.  26.11 COMBINED. AND. ABBREVIATED! PEVELOPMENIANDSTE PLAN. SUBMITTAL  abbreviated Development and Site Plan shall contain thet following:  A. A scale drawing showing existing building and proposed use designations, easements, points of ingress and egress from existing public streets, the arrangement and provision of off-street parking and off-street loading, and the location of landscaping and screening provided on site. These items shall be shown on an accurate survey of the boundary of the lot. All of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the administrative official and interpretation by the B. Combined and abbreviated Development and Site Plan must be approved by ordinance following public notice and a public hearing meeting the requirements of Section 44.3,  building inspector. Procedure.  26.12 ADMINISTRATIVE. APPROVAL.OF. DEVELOPMENT. PLAN.AND. SITE.! PLAN  AD Development Plan and Site Plan may be approved by the administrative official without the approval of the City Council if said application is located within an existing structure and does not increase the floor area of the existing structure and does not change the existing use on the site. The administrative official may, for any reason, elect to present the Development Plan or Site Plani to the City Council for approval.  August 22,2011  Page 38  City ofTolar, Texas    Article4 - Supplementary Regulations  ZONING ORDINANCE  Article 4-S Supplementary Regulations  Section 27 Site Plan Requirements  27.1 GENERALLX.  Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the City Council. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the City staff. Site plans shall be reviewed by the City staff, and comments shall be returned within five working days after the review by the City staff. In no event shall the review process exceed 15 working days after submittal. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the  City staff.  27.2 REGUREPPRORIOBVIDN2 PERMIT.  When required by this ordinance, a site plan must be approved prior to the issuance of al building permit Changes to the site plan shall be processed in the same manner. as the original approved site plan.  by the City.  27.3 CHANGES. TO.THE SITE.PLAN.  A. Except as otherwise provided in paragraph C below, any site plan that is amended shall B. Changes to the site plan which will affect the use of the land may require either an amendment to a Planned Development or a rezoning of property, whichever applies. C. Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the administrative official or his/her designee. An aggrieved party may appeal the decision of the administrative official or his/her designee to the Zoning Board of Adjustment in accordance with the provisions of  require approval of the City Council.  this ordinance.  27.4 COUNCILAPPROVAL amending ordinance. 27.5 SITEPLANCONTENT  Council approval of a site plan that accompanies a zoning change request shall become part of the  The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the City Council and  the staff personnel required to enforce and interpret this ordinance.  A. The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights- B. Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.  of-way.  August 22,2011  Page 39  CityofTolar, Texas    Article 4- Supplementary! Regulations. ZONING ORDINANCE  Flood plains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation D. The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and E. Total number, location, and arrangement of off-street parking and loading spaces, where F. All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation G. Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the H. The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and The type, location, and quantity of all plant material used for landscaping, and the type, location, and height off fences or screening and the plantings around them. J. Ifn multiple types of land uses are proposed, a delineation of the specific areas to be devoted K. Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property. Current land uses and zoning district of the property and current land uses and zoning M. Buildings on the exterior of the site and within twenty-five feet of all property lines. N. The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow. O. The number of square feet of the property after construction which will constitute impervious P. Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals. Q. Legal description of the total site area proposed for rezoning, development or specific use R. Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's  of the project petition.  between buildings and the property line, street line, and lor alley.  required. plan.  height of any existing or proposed building or structure.  lighting.  to various land uses.  districts of contiguous properties.  area or impervious surface and vegetated areas.  permit.  proposals.  August 22, 2011  Page 40  City ofTolar, Texas    Article 4 Supplementary Regulations  ZONING ORDINANCE  Section 28 - Specific Use Permits  28.1 PURPOSE.  Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, ZOOS, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided fori in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless iti is the finding oft the City Council that such a special use is compatible with adjacent property use and consistent with the character of the  neighborhood. 28.2 PERMIT.REQVIRED.  No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the City Council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning  ordinance.  28.3 AFPMEAT9NPROSEPVRE  An application for a special permit shall be filed with the administrative official on a form prepared by the  City. The application shall be accompanied by the following:  A. Acompleted application form signed by the property owner;  B. An application fee as established by the City's latest adopted schedule of fees; C. Acertificate stating that all City and school taxes have been paid to date; D. Aproperty description of the area where the specific use permit is proposed to apply; E. As site plan complying with the requirements stated in this section which will become a part of F. Any other material and/or information as may be required by the City Council or the administrative official to fulfill the purpose of this subsection and to ensure that the  the specific use permit, if approved; and  application isi in compliance with the ordinances of the City.  28.4 STEPIAMINFORMATIOM  As site plan shall contain, at a minimum the following information, as provided in Section 24 Site Plan  Requirements: Council.  28.5 APPTMAL-NEOAMATON  The following additional information may also be required if deemed appropriate by staff or the City  A. Copies of studies or analyses upon which have been based projections for need or demand  for the proposed facility.  August 22,2011  Page 41  City ofTolar, Texas    Article 4- Supplementary! Regulations ZONING ORDINANCE  B. Description of the present use, assessed value and actual value of the land affected by the C. Description of the proposed use, anticipated assessed value and supporting documentation. D. A description of any long-term plans or master plan for the future use or development of the E. Ad description of the applicant's ability to obtain needed easements to serve the proposed F. A description of any special construction requirements that may be necessary for any G. At traffic impact analysis prepared by a qualified professional in the field of traffic evaluation  proposed facility.  property. use.  construction or development on the subject property.  and forecasting may be required.  28.6 COUNCIL. ACTION.  The City Council may grant such a wavier only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements  isu unreasonably burdensome on the applicant. 28.7 CONDITIONS.OEF PERMIT APPROVAL  A specific use permit shall not be recommended for approval by the City Council unless the Council finds  that all of the following conditions have been found to exist:  A. The proposed use complies with all the requirements of the zoning district in which the B. The proposed use as located and configured will contribute to or promote the general The benefits that the City gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and D. Adequate utilities, road access, drainage and other necessary supporting facilities have E. The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent F. The issuance of the specific use permit does not impede the normal and orderly G. The location, nature and height of buildings, structures, walls and fences are not out of scale H. The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.  property is located.  welfare and convenience of the City.  property of individuals affected by the proposed use.  been or shall be provided.  developments.  development and improvement of neighboring vacant property.  with the neighborhood.  August 22, 2011  Page 42  City ofTolar, Texas    Article4 - Supplementary Regulations  ZONING ORDINANCE  Adequate nuisance prevention measures have been or shall be taken to prevent or control J. Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed sO as not to disturb or K. There is sufficient landscaping and screening to ensure harmony and compatibility with The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the M. The proposed use is in accordance with the City of Tolar Comprehensive Land Use Plan.  offensive odors, fumes, dust, noise, vibration and visual blight.  adversely effect neighboring properties.  adjacent properties.  costs.  28.8 APPITIONALCONDITION:  In authorizing a Specific Use Permit, the City Council may impose additional reasonable conditions  necessary to protect the public interest and the welfare of the community.  28.9 TIME.LIMIT. approved the City Council. 28.10 REVOÇATION.OE PERMIT.  AS Specific Use Permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is  AS Specific Use Permit may be revoked or modified, after notice and hearing, for either of the following  reasons:  A. The permit was obtained or extended by fraud or deception.  B. One or more of the conditions imposed by the permit has not been met or has been violated. The procedure for amending a Specific Use Permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or  28.11 AMEMCMENTSIOSPEgRC USE. PERMIT.  neighborhoods.  Section 29 - General Height Requirements 29.1 NONRESIPENTIAL. STRUCTURES.  Ar non-residential building may exceed the permitted height in a zoning district if the following conditions  are met:  A. A Site Plan is provided; and  August 22, 2011  Page 43  City ofTolar, Texas    Article 4- Supplementary! Regulations ZONING ORDINANCE  1ft. additional height for each1 1ft. ofsetback, not to exceed at total height of 50ft. Fr rF  B. For every one foot exceeding the maximum permitted height, an additional one-foot of setback is provided on the front, side, and rear Maximum Height At Building yards. The maximum height of a building shall Line As Per Regulations not exceed 50 feet without a special exception. See Section 41.8, Authorized Special -  r rr rr  Exceptions.  29.2 ExCEPTIONS  Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and noti intended for human occupancy. For antenna and tower height regulations see Section 37, Wireless Communications Facilities.:  29.3 ANTENNAS.  Section 30 - General Yard Requirements  The following general requirements provide additional criteria which apply to yard requirements in all  zoning districts.  30.1 PROJECTIONS.OF: STRUCTURALFFATURES  A. Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than twelve inches into a required yard; and B. Eaves may project not more than 36i inches into a required yard.  30.2 DELETED. 2:17-14. 30.3 DOUBLEFRONTASELOTS. required front yard need be provided. 30.4 SHARED. YARDS. PROHIBITED.  Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one No part of a yard or other open space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space or off-street parking or For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, the property owner shall establish which yard shall be the front and the building shall face that yard. Yards shall be provided as indicated in the appropriate  loading space similarly required for any other building.  30.5 CORNER. LOTS.  zoning district area regulations. 30.6 IWO.ORMORE. ZONING. DISTRICTS. the entire frontage from adjoining lots.  Where the frontage on one side of the street between two intersecting streets is divided by residential and commercial districts, the front yard shall comply with the requirements of the most restrictive district for  August 22,2011  Page 44  City ofTolar, Texas    Article 4 - Supplementary Regulations  ZONING ORDINANCE  30.7 ESTABLISHED. BUILDING. LINE.  Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by the  previous ordinance or plat. 30.8 MEASUREMENT.  The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eave and roof extensions may project into the required  front yard for a distance not to exceed twenty-four inches.  Section 31  Accessory Buildings  31.1 GENERAL. PURPOSE AND. DESCRIPTION.  An accessory building is a subordinate building detached from the main building, without sleeping areas or kitchen facilities not used for commercial purposes, not rented, and not occupied for human habitation, except as otherwise allowed by City ordinance. No accessory building shall be constructed until a main  building exists on the lot.  31.2 ACCESSORY! BUILDING! REGULATIONS.  The following regulations shall govern the location, size and use of any accessory buildings, except for  barns and farm buildings used for agricultural uses as defined in:  A. Maximum height: A single story with a maximum height of 12 feet measured from the average grade at a point three feet out from the slab to the lowest point of overhang on the B. No accessory building shall be erected in any required yard area, except for residential No accessory building shall be erected within ten feet of any other building, except detached residential garages may be located within five feet of the main dwelling; and the provisions of D. No detached residential garage or carport shall be erected or placed closer to any street than the minimum yard requirements (building setback line) governing the district in which E. No detached residential garage or carport shall be erected or placed within five feet from any F. Portable or storage buildings shall be not larger than 320 square feet of floor area, and a maximum height of 12 feet, and shall be metal, wood, stone, or masonry constructed; but shall not be of a metal commercial "kit" construction. A portable building less than 168 square feet may be of metal commercial "kit" construction and must be properly secured to prevent overturning with a method acceptable to the building official. No building may be located closer than five feet from any side or rear property line, no closer than five feet from G. No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as stipulated in Section 12, Permitted Use Table.  roof.  garages and carports as allowed in paragraphs C, D, and El below.  paragraph E below are met. such garage or carport is located. side lot line, nori in a dedicated easement.  ap principal building, nori in a dedicated easement.  August 22, 2011  Page 45  City ofTolar, Texas    Article 4- Supplementary. Regulations. ZONING ORDINANCE  H. Residential greenhouses for domestic use shall conform with the requirements of paragraph 50 of this subsection; however, such greenhouses shall not exceed a total aggregate floor  area of 500 square feet.  Section 32 - Home Occupations  The purpose of the home occupation provisions is to permit the conduct of home occupations which are  compatible with the neighborhoods in which they are located.  32.1 REGULATIONS  Home occupations are a permitted accessory use in all residential districts and are subject to the A. Only the members of the immediate family occupying the dwelling shall be engaged in the B. The home occupation shall be conducted only within the enclosed area of the dwelling unit There shall be no exterior alterations which change the character thereof as a dwelling D. No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises. E. No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use F. The home occupation shall not create any greater vehicular traffic than normal for the G. No signs of any kind shall be allowed on premises advertising a home occupation or service.  requirements of the district in which the use is located, in addition to the following:  home occupations. ort the garage.  and/or exterior evidence of the home occupation.  in the district. district.  Section 33 33.1 GENERALLY.  Temporary Uses and Special Events  Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety, and general welfare oft the City. The temporary uses and special events hereinafter enumerated shall not be deemed violations of this ordinance when conducted under  the conditions herein provided. 33.2 PERMITTED. TEMPORARY! USES. permitted, and approvals required are as follows:  The permitted temporary uses, the conditions of use, the zoning districts wherein the same shall be  A. Construction Office Temporary field or construction offices and temporary building material storage areas to be used solely for on-premise construction purposes in connection with the property on which they are erected, or within the same platted subdivision may be permitted in all zoning districts when approved by the administrative official. The application for a temporary use permit shall include a scale drawing showing the location and size of the  August 22, 2011  Page 46  City ofTolar, Texas    Article4 - Supplementary Regulations  ZONING ORDINANCE  building(s), all outside storage areas, and proposed construction fencing. Such permit shall be issued for temporary buildings on construction sites for a period of six (6) months, with a renewal clause for a similar period. Such buildings must be removed within 30 days after substantial completion or abandonment of such new construction to which they are accessory. or upon the request of the administrative official or his/her designee. B. Temporary outdoor sales on properties zoned "GC", "HC", and "l" by the existing occupants of existing businesses of such properties, may be permitted by the City enforcement officer for a period not to exceed 30 days upon the application and granting of a temporary use a. In no event shall such temporary uses be allowed for more than 30 consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the City enforcement officer and/or fire marshal for the protection of public interest and No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a The temporary outdoor sale of Christmas trees may be permitted on those properties zoned "GC", "HC", and "!" for a period of 40 days prior to Christmas Day. The administrative official may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the building official; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the d. Carnivals and circuses may be allowed as a temporary use for a period not exceeding fourteen consecutive days. Such events shall be on a site in the "GC", "HC", and "" zoning districts. Adequate parking and sanitary facilities shall be made available to the satisfaction of the building official. No carnival or circus shall begin operation before 8:00 A.M. and operation shall cease before 11:00 P.M. on all nights except on Saturday when the event shall cease operation at midnight. The administrative official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the administrative official's decision, the sponsor may appeal  permit.  the welfare of the community.  purpose other than conducting business on the premises.  permit holder no later than January 4 following the Christmas holiday.  the requested use to the City Council.  33.3 PERMITTED. SPECIAL. EVENTS.  For the purpose of this section, "Special Events" are defined as any activity or event meeting the following  criteria:  A. The event of activity is carried on for a period of time note exceeding three consecutive days; B. No retail sales are conducted except those incidental to the primary activity such as refreshment and souvenir sales. Charitable and nonprofit organizations may conduct retail  sales for fund-raising purposes in any zoning district;  :. Public assemblies carried on out-of-doors or in temporary shelters or tents.  33.4 COATENTBOEAPPMCATON  An application for approval of a temporary use or special event shall include the following information:  August 22, 2011  Page 47  City ofTolar, Texas    Article 4- Supplementary! Regulations ZONNGORDINANCE  A. Brief description of the event, B. Exact location, C. Expected attendance,  D. Anticipated number of automobiles and proposed methods of providing parking for the same, E. Location and construction of any temporary signs to be used in connection with the event, G. Signed certification by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to.  F. Exact dates of commencement and termination of the event,  H. A fee in accordance with the City of Tolar fee schedule.  33.5 AFPROAB/TECIYCAACL  Approval ofa a permit for a temporary use or special event must be approved by the City Council.  Section 34 - Off-Street Parking and Loading Requirements  Whenever any ordinance, regulation, or plan, enacted or adopted by the City Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the City, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses. Except as otherwise provided in this section, off-street parking spaçes shall be provided as follows:  34.1 PARKING.IABLE.  Schedule of Parking Requirements  Land Use  Requirements  Additional Requirements  Residential Single-Family Detached Units Duplex Quadruplex or Row Multi-Family  2/unit 2/unit 1.5/1 bed unit 2/2 bed unit 2.5/3bed unit 2/unit 1/residential unit  None None None None 1 additional space for 200 sq. ft. of Exhibit or Ballroom space, plus 1 space per 100 sq. ft. of Meeting Rooms, plus 1 space per 2.5 seats in Restaurant and Lounge None  Cityhouse, Condominium, Duplex, Triplex, 3/unit  HUD Code Manufactured Home Boarding or Rooming House, Hotel or Motel/ /Residence Motel or Inn  Retirement Housing: Ambulatory Independent Residents  1.5/unit  August 22,2 2011  Page 48  City ofTolar, Texas    Article 4 - Supplementary Regulations  ZONING ORDINANCE  Schedule of Parking Requirements  Land Use  Requirements 1/2 beds 1.5/2 occupants for designed occupancy 1/125s sq. ft. 1/4 persons 1/25 students 1/18 students 1/5 students 1 14 students 1/3s seats 1/4 day students 1/3 seats in the sanctuary None orauditorium 1/5p pupils 1.5/bed 1/4 seats in chapel 1/4 seats 4/lane  Additional Requirements  Retirement Housing: Nursing Home Facilities Dormitory Fraternity, Sorority, orl Lodge Institutional Community Center Schools: Elementary Junior High Senior High Trade Public Assembly Hall College or University Church Day Care or Day Nursery Hospital Mortuary or Funeral Home Recreational Theater Bowling Alley Pool Hall, Arcade, Other Indoor Commercial Amusement Outdoor Commercial Amusement Ballpark or Stadium Lodge or Fraternal Organization Driving Range Miniature Golf Personal Service Shop Indoor Retail Store or Shop Outdoor Retail Sales Furniture, Appliance Sales or Repair Dry Cleaner uses (3-50 acres) Shopping Centers, Mall and Multi- occupancy use (over 50 acres) Eating or Drinking Establishment (no drive-through service) Eating or Drinking Establishment  None None none None None  None None None None None None None  1/100 sq. ft. of floor area None 1/500 sq. ft. of site area None exclusive of building 1/4 seats 1/125 sq. ft. of floor area None 1/101 linear ft. of designated tee area 1/tee 1/250 sq. ft. of floor area None up to 5000 sq. ft., then 1/ 200 sq.ft. 1/250 sq. ft. of floor area None up to! 5000 sq. ft., then 1/ 200 sq.ft. 1/500 sq. ft. of site area, None exclusive of building 1/600 sq. ft. of floor area None  None None None  Coin- Operated or Self- Service Laundry or 1/200 sq. ft. off floor area None Shopping Center, Malls & Mult-occupancy 1/250 sq. ft. off floor area None  1/300 sq. ft. of floor area None  1/2.5 seats  None None  (with drive-through: service and all others) 1/150sq.ft.  August 22,2011  Page 49  City ofTolar, Texas    Article 4 Supplementary. Regulations. ZONING ORDINANCE  Schedule of Parking Requirements  Land Use  Requirements  Additional Requirements  Business Services Institution Medical, Dental Clinic or Office Veterinary Clinic Other Office or Professional Business Automotive & Equipment Service Station Auto Repair Garage or Shop Auto Repair Accessory Sales Vehicle or Machinery Sales (indoors) Car Wash (full serve) Wash Bay Car Wash (self-serve or automatic) Brick or Lumber Yard 1/1,000 sq. ft. of floor area Manufacturing or Warehousing 1/1,000 sq. ft. of floor area Outside Storage Mini-warehouse  Bank and Savings & Loan or Other Similar 1/300 sq. ft. of floor area None  1/150 sq. ft. of floor area None 1/300 sq. ft. off floor area None 1/250 sq. ft. off floor area None Minimum of6 1/350 sq. ft. of floor area None 1/300 sq. ft. of floor area None 1/500 sq. ft. of floor area None 3 stacking spaces/ None 3stacking spaces/ wash None bay 1/3 employees or (whichever results in more spaces) 1/3 employees or (whichever results in more spaces) 1/5,000 sq. ft.off floor area None 1/3,000 sq. ft. of floor area None  None  34.2 OFF-STREETLOAPING REQUIREMENTS.  A. In the following cases all retail, office and service buildings shall provide and maintain off- street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of a. When deliveries are made by truck more than once a day between the hours of 8:00 When the time of loading and unloading materials or goods exceeds ten (10) minutes B. Individual loading space dimensions shall be required as a minimum to be thirty-five feet (35) in length, twelve feet (12) width with a height clearance of fifteen feet (15'). C. The number of off-street loading spaces shall be placed according to the following table:  traffic on the public streets: a.m. and 6:00 p.m between those hours  Square Feet of Gross Floor Area in Structure  Maximum Required Spaces or Berths  Oto 10,000 10,000 to 50,000 50,000 to 100,000 100,000 to 200,000 Each additional 200,000  None 1 2 3 1Additional  August 22, 2011  Page 50  City ofTolar, Texas    Article4 4 - Supplementary Regulations  ZONING ORDINANCE  D. Mixed Use Buildings: Where a building or a site contains two (2) or more uses, the off- street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use with the exception of shopping centers and multi-use E. Drive Lane Widths and Parking Space Sizes: Drive lanes and parking space sizes shall be required as shown in the following illustration. A driveway for access to any non- residential, single parking space or to a parking lots shall not measure less than that shown in the parking layout llustration. All drive approach widths shall be no less than those indecated in the below graphic. All two way drive lanes shall be a minimum of twenty-four (24) feet in width. Parking spaces shall be nine (9) feet wide by eighteen (18) feet deep for all ninety (90) degree parking spaces. Angled spaces shall be as shown in the graphic.  purposes.  F1 D1  Two-Way  2' Overhang at Edge of Parking Lot  One-Way  Parking Stall Stall  Min. Aisle Width Aisle Length  Angle Width Depth One-Way Two-Way Per Stall  One (F  (A)  (B)  (C)  (D1)  (D2)  (E)  F. On-Premise Parking Required: All required commercial and residential parking spaces shall be located on the premises to which such requirement applies or within an off-street space of which the distance is not more than three hundred feet (300') from such premises. G. Surface: The surface of parking spaces and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the H. Reduction: In cases where the applicant can provide documentation that parking spaces exceed the amount necessary for the use and that a reasonable alteration of spaces may be provided. Said reduction shall not represent more than fifteen percent (15%) of the total required spaces and shall require a special exception from the Zoning Board of Adjustment. Commercial Parking Development Standards: The off-street parking or loading facilities required for nonresidential uses mentioned in these regulations shall be paved according to a. Not less than two inches (2") of hot mixed asphalt or two (2) course chip seal over at b. Not less than two inches (2") of hot mixed asphalt over six inches (6") of crushed stone, Four inches (4") of reinforced Portland Cement concrete over compacted subgrade. d. Such lots shall be graded and drained in such a manner that run-off shall be properly  elimination of dust, dirt, and mud, according to City specifications.  any of the following standards: Amended by Ordinance 2012-02 least six inches (6") of lime treated subgrade; or  flexible base; or  August 22, 2011  Page 51  City of Tolar, Texas    Article 4- Supplementary! Regulations ZONING ORDINANCE  channeled into a storm drain, watercourse, pond area or other appropriate facility. J. Maintenance Requirements: To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to main-tain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaçes without approval of the  City inspector.  34.3 RESIDENTIAL. OFF-STREETPARKNS.  A. Purpose: It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this subsection is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the B. Restrictions: It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, boat or recreational vehicle on any portion of a front yard or side yard of any area which is zoned R8, R6, D,or MH or in any Commercial or Industrial Zone Area being used for residential purposes, a. Said area is a part of a gravel driveway bordered by concrete curbing or similar Said area is a part of a required hard-surface, all-weather driveway that provides access to a garage, carport or off-street parking area required by the Comprehensive Zoning Relief in the form of a Special Exception has been granted by the Zoning Board of C. Drive Width: A driveway for access to any single parking space or to a parking lot shall not be less than twenty feet (20') in width, nor more than thirty feet (30') in width, at the property  City.  unless:  permanent border; and Ordinance; or  Adjustment to utilize the unpaved front yard area.  line along the street  34.4 PECALEVETBANCOTER ONE-TIME.! EVENTS.  "Special event" means a festival, celebration, performance or other such special event which occurs no more frequently than once per year, and which will or should be reasonably anticipated to attract patrons or visitors in such numbers as to exceed the capacity of the permanent parking spaces required and provided under other provisions of this section for the property upon which the special event is to be held. Events which are conducted more frequently than once per year are not considered "special events: under the provisions of this subsection and the property upon which these events are conducted must  conform to the other provisions of this Article concerning parking requirements.  A. The persons or entities conducting any such special event shall submit to the administrative official at least forty-five (45) business days prior to said event a plan for the accommodation and parking of vehicles of persons reasonably expected to attend such event. The plan a. Adescription and the address oft the premises where the eventi is to be held; b. Adescription and the address of any property, other than the premises described in (a) above, where parking is to be provided for patrons or visitors to the event;  must include, at a minimum, the following information:  August 22, 2011  Page 52  City ofTolar, Texas    Article4 - Supplementary! Regulations  ZONING ORDINANCE  C. The name and address oft the owner of the premises upon which parking for the event is tob be provided, and a statement describing the terms and conditions of the agreement whereby the owner of such premises has authorized their use for parking;  d. The dates and times that the event is to be held;  The measures which will be taken by the persons or entities conducting the special event to ensure safe and orderly traffic flow to and from the event site and any parking . A plan or diagram of the proposed layout of the parking scheme upon the property to be B. All parking for any such special event shall be provided off street and on an area and surface reasonably anticipated to be dry and safe for vehicular and pedestrian traffic. No public property or rights-of-way may be utilized or included in such parking areas except upon Subject to the above requirements, the surface of such parking areas need not be paved or otherwise surfaced as required by the other provisions of this Article for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic D. Upon submittal of the required parking plan to the City, the administrative official shall review itand shall advise the applicants whether any changes or modifications to said plan will be required. The administrative official has the sole discretion to approve or reject, or require modifications to, any parking plan required hereunder. No vehicles may be parked in any location not otherwise allowed under other subsections of this section, in connection with any special event, unless and until the City Council has issued a written approval of the E. Such written permission may be revoked at any time by the City Council if it is found that false or misleading information was contained in the proposed parking plan.  area;  used for parking for such event.  express, prior written permission by the City Council.  reasonably anticipated for the special event ati issue.  parking plan of the special event.  Section 35 35.1 PURPOSE.  Sign Regulations  The regulations established in this section are intended to provide minimum standards to safeguard life, property, and public welfare regulating and controlling the use, materials, construction, location, number, maintenance, and the permitting of certain signs and sign structures. In addition, the ordinance is intended to enhance the beauty of the City by limiting visual clutter. The provisions of this section are not intended to permit a violation of any provision of any other ordinance or federal or state law.  35.2 DEFINITIONS.  See Section 48.31 for signage definitions. 35.3 GENERALSTANDARDS.  A. The standards and regulations specifed in this Section shall apply to all signs displayed in B. Height of signs: Sign height shall be measured from ground level at the base of the sign to  the City of Tolar and its extra-territorial jurisdiction.  the highest part of the sign.  August 22, 2011  Page 53  City ofTolar, Texas    Article 4- Supplementary! Regulations. ZONING ORDINANCE  C. Building and electrical codes applicable: All signs must conform to the regulations and design standards of the Building Code and other ordinances of the City. Wiring of all D. llumination of signs: Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination upon adjacent public right-of-way and E. Requirement to repair: Whenever a sign is damaged by wind, is inadequately maintained, is of faulty construction, or is damaged by any other cause, it shall be considered a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the designated official, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign. For purposes of this ordinance, a sign or asubstantial part ofi it is considered to have been destroyed if the cost of repairing the sign is more than 60% oft the cost ofe erecting a new sign of the same type at the same location. F. Placement of signs: No sign may be erected or placed on public right-of-way. Any signs sO erected or placed may be removed by the designated official without notice. No sign may be erected or placed on vacant lots or tracts unless written permission has been given by the property owner and such documentation is provided to the designated official upon the G. Sight triangle: No permanent or temporary sign shall be located to block the visibility in the H. Noncommercial messages. Any sign authorized in this ordinance is allowed to contain a Off premise signs: Off premise signs shall be prohibited in the City of Tolar, with the exception of builders directional signs or instructional signs, when written permission has been given by the property owner and such documentation is provided to the designated J. Painted signs: No sign shall be permitted which is painted on the wall of any building or on  electrical signs must conform to the electric code of the City.  surrounding property.  official's request.  required sight triangle as defined above.  noncommercial message in place of any other authorized message.  official upon the official's request. any part of al building.  35.4 SCHEDULEFOR! PERMANENTSIGNS. Schedule for Permanent Signs.  No permanent sign shall be erected, placed, displayed or located except in accordance with Table 1,  35.5 SCHEDULEFOR: TEMPORARYSIGNS. Schedule for Temporary Signs.  No temporary sign shall be erected, placed, displayed, or located except in accordance with Table 2,  35.6 POLE.AND! MONUMENT. NOTTOBE. USED! IN. COMBINATION.  Pole and monument signs shall not be used in combination on the same premise. Each premise shall be permitted only one pole sign or one monument sign. A pole sign or monument sign may be used in  combination with other permanent signs listed in Schedule for Permanent Signs.  August 22, 2011  Page 54  City ofTolar, Texas    Article 4 - Supplementary Regulations  ZONING ORDINANCE  35.7 PROHIBITEDS SIGNS.  The following signs are prohibited from installation, construction, repair, alteration, or relocation within the A. "A" frame or sandwich board, and sidewalk or curb signs, except as temporary signs.  City, except as otherwise permitted in this ordinance:  B. Balloons, or inflatable signs.  C. Moving, flashing, animated, or rotating signs, signs with moving lights, or signs which create the illusion ofr movement, except for reader boards which convey a message.  D. Temporary off-premise signs.  E. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of- way, public property, or private property sO as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this does not prohibit signs placed on vehicles and trailers that are incidental to the primary use or ownership of the vehicle or F. Signs attached to utility poles or other surfaces which are not the property of the utility or G. Permanent off-premise signs, as defined by the Highway Beautification Act. Permanent off -  trailer as transportation.  serve a public purpose located within a public right-of-way or easement.  premise signs allowed for non profit otganizations.  35.8 SIGNS.! EXEMPT. FROM. REGULATION.  The following signs are exempt from the provisions and regulations of this section:  A. Public signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute, or ordinance. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance.  August 22, 2011  Page 55  City ofTolar, Texas    Article 4- Supplementary. Regulations. ZONING ORDINANCE  2  2  1  August 22, 2011  Page 56  City ofTolar, Texas    Article 4 Supplementary Regulations  ZONING ORDINANCE  9  8  2 2  8  2 3  2  2 2  August 22, 2011  Page 57  City ofTolar, Texas    Article 4- - Supplementary! Regulations ZONING ORDINANCE  B. Signs on vehicles. Signs placed on or affixed to vehicles and lor trailers where the sign is C. Warning signs. Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed D. Flags. Flags of governmental entities or non-profit organizations. Nothing in this ordinance shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, or legal notices, or informational, directional, or traffic signs which are legally required and E. Governmental signs. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at raitroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, F. Address numerals. Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule, or regulation. G. Athletic signs. Signs used as scoreboards in athletic stadiums. H. Directional signs. Signs which direct vehicles and pedestrian traffic, which may display arrows, words, or other symbols to indicate direction of facilities. Directory signs. Signs which are located in or adjacent to entrances or foyers. J. Instructional signs. Signs providing no advertising of any kind, which provide direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to the signs identifying restrooms, public telephones, public walkways,  incidental to the primary use oft the vehicle or trailer as transportation.  necessary to warn the public oft the existence of danger.  necessary to the essential functions of government agencies.  dumping, etc.  parking areas, and other similar facilities. K. Public Seasonal Decorations or Special Public Events 35.9 REGULATIONS. GOVERNING: SIGN. MEASUREMENT.  A. Measurement of Detached Signs: The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projections of the furthermost points of any logo, letters, or other symbols, composed of the total area of the message, and any border,  Horizontal M A Sar Mr WEEKLY RATES  Horizontal Dimension  Horizontal Measurement,  Joe's Rent-Tt We Accept  NOTE: Sign face represents the two dimensional plane created by the horizontal and vertical dimensons formingt thes sign area envelope.  NOTE: Sign thet two arear dimensional measured! by plane created byt the horizontala and vertical dimensons lorming Ihe sign areae envelope  August 22, 2011  Page 58  City ofTolar, Texas    Article4 - Supplementary! Regulations  ZONING ORDINANCE  trim or surface upon which the message is displayed. One sign area will be calculated for a detached sign no matter how the message is displayed. The sign structure shall not be B. Measurement of Attached Signs: The sign areai for an attached on-premise sign shall be the area included within the vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area oft the message and any :. border, trim or surface upon which the message is displayed. There may be several sign  included in the sign area unless there is a sign displayed thereon.  areas on the wall of al building depending upon how a sign is displayed.  Horizontal Measurement HONEST JoE's SUPER-SAUER STORE NOTE: Use only area of panel in calculation of sign area ATTACHED SINGLE PANEL WALL MOUNTED SIGN  Horizontal Measurement HONEST Jor's SUPER-SAVER S: NOTE: inc Use calculation painted area of sign (for area sign contras PAINTED WALLI PANEL SIGN  -  Horlzontal Super Store Duper  Measurement Horizontal  Measurement Horlzontal HONEST JOE'S  Honest Joe's)  35.10 PERMIT.. REQUIREMENTS. obtaining a sign permit from the City.  Except as herein provided, no permanent sign shall be erected, placed, displayed or located without first  A. Application for Permit: Application for a permit for a permanent sign shall be made in writing upon forms furnished by the City Secretary. Such application shall contain the location by street and address number of the proposed sign structure, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The City Secretary may require the filing of plans or other pertinent information which, in the City Secretary's opinion, is necessary to ensure compliance with this Ordinance. B. Termination of Permit: A sign permit may be terminated in accordance with the following a. A permit shall be active for the life of the Sign, as long as it is in compliance with this b. A permit shall be terminated if the sign for which it has been issued has not been C. A permit issued for any sign including its supporting structure shall automatically terminate in the event the sign shall fail and not be corrected within 60 days. d. Permit Fees: A sign permit fee shall be paid to the City in accordance with the most  provisions: Ordinance.  constructed within one year from the date ofi issuance.  currenti fee schedule adopted by the City.  August 22, 2011  Page 59  City ofTolar, Texas    Article 4- Supplementary! Regulations. ZONING ORDINANCE 35.11 NONCONEORMIMGUSES.  A. Any existing sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of Section 37 Nonconforming Uses, Lots, and Structures of this Ordinance. It is the declared purpose of this section that nonconforming signs and signs directing attention to nonconforming: uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for  the investment in such signs.  B. The City Council may order nonconforming signs which:  a. Are permanently affixed to the ground on the effective date of this Ordinance, Were erected in conformity with City ordinances in effect at the time of their erection and Remain in place after six (6) months from the effective date of this Ordinance, to be removed upon and subject to compliance with Chapter 216, Texas Local Government C. Any lawfully existing nonconforming use or building may erect and maintain a sign in  Code.  accordance with the regulations contained herein.  35.12 AUTHORITYIOREMOVESIGNS  Ifin the opinion of the Building Official any sign erected or maintained along or across any sidewalk or public street becomes dangerous to life and limb or is proven to be an obstruction to the proper operation  oft the Fire Department, it shall be subject to the following:  a. Itshall be the duty of the Building Official to observe and make note of such facts. b. The Building Official shall thereupon issue a notice to the owner to correct noted violation within the time period specified in the notice, to be not more than ten days. Ift there is no response from the owner or his agent, the Building Official shall then refer the issue to the Building Standards, Plumbing, Adjustments and Appeals Board. d. Ift the Board determines that the facts stated by the Building Official are correct and it in its judgement the sign should be removed, it shall order that the sign be removed at the e. In the event the owner, agent or other responsible person should fail or refuse to remove such sign within the time specified by the Board, such person shall be deemed guilty ofa Each and every day that any sign shall be maintained past the time prescribed in the Board's Order of Removal, shall constitute a separate and distinct offence, and shall be  date specified in the Order of Removal.  misdemeanor.  turned over to the Municipal Court for process.  35.13 MERITORIOUS. EXCEPTIONS. AND. APPEALS.  A. Generally. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Ordinance and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the  visual environment.  August 22, 2011  Page 60  City ofTolar, Texas    Article 4 - Supplementary Regulations  ZONING ORDINANCE  B. Upon request of an interested party, the City Council shall hear and shall seriously and fairly  consider a request for a meritorious exception under this Section.  35.14 PROHIBITION.  All signs not specifically authorized herein are prohibited. The administrative official shall have the authority to remove any sign in violation of this Ordinance which is not permanently affixed to the ground  ont the effective date oft this Ordinance.  35.15 CONVERSION. OF. PORTABLE! SIGNSTO PERMANENT. SIGNS.  Portable signs may be converted into permanent signs by permanently affixing the portable sign to a foundation or pole. In order to convert a portable sign the applicant must submit a diagram indiçating the structural design of the proposed permanent sign to be reviewed by the City staff. Any proposed  converted sign must meet all the requirements oft this section. Section 36 : Screening Devices and Fence Regulations  36.1 SCREENNGREQUREMENTR  The intent of this section is to provide for visual screening between land uses of different character andi to establish requirements for the installation and maintenance of screening devices to enhance the community's aesthetic qualities. A screening device shall be a solid, opaque, brick, stone or decorative block masonry wall, not less than six feet in height, measured at the highest finished grade, and designed by a professional civil engineer registered in the State of Texas. Construction and location details of the required screening devices shall be shown as part of the engineering site plan for all multifamily and nonresidential uses and as part of the final plat construction plans for all single-family residential uses. The screening wall shall be compatible in color and finish with the principal building(s) and or existing screening walls. The required screening wall shall be constructed prior to any building permits being issued for single-family residential subdivisions and before issuance of a certificate of occupancy for non- single-family developments. For the purpose of this section, single-family residential subdivision shall be  defined as a subdivision containing two or more lots.  A. Single Family Residential Screening Requirement. All single-family detached and attached residential subdivisions adjacent to major thoroughfares, as identified on the Tolar Thoroughfare Plan, shall be screened from the street. This includes all lots backing or siding on a thoroughfare. A screening wall is also required where an alley is parallel to and adjacent to a public street. Where single-family lots side on a major thoroughfare, a combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40 percent of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting, shall be planted on the interior side of the wrought iron portion of B. Screening Wall Articulation. Masonry screening walls adjacent to thoroughfares or collector  the wall.  streets shall be constructed to the following standards: a. Off-sets shall be provided every 1001 feet or less; b. Off-sets shall be designed to be located at lot line intersections; Off-sets shall be a minimum of 31 feet in depth and 8 feeti in length; d. Live plant materials shall bei incorporated in the design of the off-sets;  August 22, 2011  Page 61  City ofTolar, Texas    Article 4- Supplementary. Regulations ZONING ORDINANCE  e. Off-set sections of the screening wall may be constructed of alternate non-masonry A5 foot perimeter screening wall and landscape easement shall be dedicated for the  materials such as ornamental iron; and perimeter improvements.  major street gurbline property line 0000r casement 3'omamiental irons sections A major street omamental ironsections B  major street 3'omamental irons sections curbline major street property_ine a u sement columns  çurbline property line walle easement  irons sections  çurbline property line  3 omamental irons sections  D  C. Screening Wall Between Single Family and Multifamily Zoning Districts. There shall be constructed a structural screening wall of not less than six feet in height along any portion of multifamily residential zoning districts, which adjoins any single-family detached and a. The construction of the screening wall is the responsibility of the multifamily property owner. However, ifa single-family residential subdivision is being constructed adjacent to an existing multifamily use, with no screening wall in place, the construction responsibility b. A combination of masonry and wrought iron design may be considered if the non- masonry material does not exceed 40 percent of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six- foot height within one year of planting shall be planted on the interior side of the wrought D. Screening Wall Between Commercial and Residential Uses. There shall be constructed a screening wall of not less than six feet along any portion of an office use and a screening wall of not less than eight feet along any portion of a commercial, retail, industrial or warehouse use, which adjoins any portion of a single-family detached or attached residential, multifamily residential, mobile home park or mobile home subdivision zoning a. The construction of the screening wall is the responsibility of the commercial or industrial property owner. However, if a single-family residential subdivision or a multifamily residential use is being constructed adjacent to an existing commercial or industrial use with no screening wall in place, the construction responsibility will shift to the residential b. Screening requirement for institutional uses (schools and churches, etc.) in commercial  attached zoning district, mobile home park or mobile home subdivision.  will shift to the single-family residential developer/owner.  iron portion of the wall.  district.  developer/owner.  zoning will be considered on a case-Dy-case basis.  August 22, 2011  Page 62  City ofTolar, Texas    Article4 - Supplementary. Regulations  ZONING ORDINANCE  E. Screening Wall Requirement for Manufactured Housing Parks and Subdivisions. All manufacutured housing parks and subdivisions shall be screened by a screening wall of not a. The construction of the screening wall is the responsibility of the mobile home park or subdivision property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing manufactured housing park or subdivision with no screening wall in place, the construction responsibility will shift to the single-family F. Screening Requirement for Wrecker Service Storage Yards and Wrecked Vehicles. All wrecker service storage yards shall be screened by a screening wall of not less than eight a. Screening walls shall also be provided anywhere wrecked vehicles are kept, such as auto body shops and repair garages. This provision does not apply if wrecked vehicles are b. Any portion of the storage yard adjacent to or fronting a street shall be screened with an Other portions of the storage yard not adjacent to or fronting on a street, may be fenced G. Screening Requirement for Outside Storage. In all zoning districts where outside storage of equipment, material, goods and supplies is allowed, all outside storage shall be screened from the view of any adjacent public street by a screening wall not less than eight feet in a. Any portion of the storage yard adjacent to or fronting a street shall be screened with an b. Materials and supplies may not be stacked higher than the height oft the fence. Other portions oft the storage yard not adjacent to or fronting a street may be fenced with d. This provision does not apply to display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers.  less than six feet in height on all sides.  residential developer/owner. feet in height on all sides.  kept within a completely enclosed building. eight-foot decorative fence. with an eight-foot solid, opaque fence.  height.  eight-foot decorative fence. asolid, opaque fence.  36.2 ENCNOREQUREMENTS,  A. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such ar manner as to materially impede vision between a height of two and one-half (2.5) and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 251 feet from the point of the intersection.  Aread of 13  B. On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow ins such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley or private street or driveway  from or to adjacent private property.  August 22, 2011  Page 63  City ofTolar, Texas    Article 4- Supplementary! Regulations ZONING ORDINANCE  C. Nos screening element comprised of brick, masonry, concrete or solid metal shall be erected orp placed which would interfere with the installation or maintenance of any public utility line, D. Garbage, refuse and trash collection and storage areas in non-residential districts shall be fully enclosed by a suitable screening element of notl less than six feet in height. E. Electric fences are expressly prohibited in all districts except those where agricultural and related principal activities are permitted, provided such fences shall be plainly marked at F. Barbed wire fences used in conjunction with permitted agricultural uses and activities in the agricultural zoning district are permitted, provided the building official deems there is no safety hazard related issues associated with said fence. Barbed wire fencing is expressly G. Razor wire fencing, or other similar material, is strictly prohibited in residential zoning districts. When used in other districts, razor wire fencing must be a minimum of eight feet in  service or drainageway, within the easements reserved therefor.  appropriate intervals as to the nature thereof.  prohibited in all other zoning districts.  height.  36.3 FENCESINRESDENTAL DISTRICTS:  A. Screening elements and fences shall be restricted to a maximum height of six feet, measured from the adjacent grade line, except as otherwise allowed in this section. Fences may be permitted to be constructed to heights exceeding six feet by special exception as B. Garbage, refuse and trash collection and storage areas in any multifamily development, mobile home development or other nonresidential use permitted in a residential district shall be fully enclosed on three sides by a dense screening element to adequately screen such No screening element or fence shall be erected, placed or planted beyond the front or side building line of any permitted building in a residential district, either on a corner lot or interior lot. Fences may be constructed to the property line upon approval of a special exception by the Zoning Board of Adjustment. Fencing located on or behind the building line shall not D. Wood panel fences shall be constructed such that the support rails are located on the inside of the lot and the panel is located on the ouside of the lot, sO as to present a "smooth side  approved by the Zoning Board of Adjustment.  area from view oft the surrounding area.  exceed six feet in height. out" appearance tot thei fence.  Section 37 37.1 PURPOSE.  Wireless Communication Facilities  Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety, and general welfare of the citizens of the City. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts, and towers hereinafter enumerated shall not be deemed violations of  this ordinance when made under the conditions herein provided.  August 22,2011  Page 64  City ofTolar,Texas    Article 4 - Supplementary Regulations  ZONING ORDINANCE  37.2 DEFINITIONS.  See Section 351 for Wireless Communications Facilities definitions.  37.3 RESIDENTALHIYZONEP, DISTRICTS- AMAIVARAROGAPENTANO TVA ANTENNAS Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas, shall be allowed in the A, RR, R8, R6, MF, and MH zoning districts if they comply with the following regulations:  A. Antenna facilities may be building attached, monopoles, or lattice towers; B. Up to 3 antenna facilities may be located on al lot of record, co-location is encouraged; C. An antenna facility, exclusive of the height of any antenna or mast, shall not exceed thirty- five (35) feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations contained in Section 31 Accessory Buildings. Regardless of the above, the maximum height for a tower permitted without a Special Exception in any residential district D. The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 651 feet in height without a Special Exception. E. An antenna not fastened to a antenna facility shall not exceed 50 feet without a Special Exception, except for an antenna which does not extend more than eight feet above a F. Aa antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for  shall be 651 feet;  building on which iti is mounted; maximum wind load requirements;  G. Setbacks:  a. Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires  are not permitted in front yards;  b. Guy wires are permitted in required side and rear yards;  Setback for antenna facilities shall be the same as is required for accessory buildings in H. Separation: There shall be no minimum or maximum separation requirements for antenna  residential districts;  facilities from other structures on the same lot of record; Antenna facilities shall not be permitted in any easement;  J. 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 K. Construction standards: A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;  Aviation Authority or the Federal Communications Commission;  August 22, 2011  Page 65  City ofTolar, Texas    Article 4- Supplementary! Regulations ZONING ORDINANCE  Maintenance: Antennas andlor antenna facilities obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and M. No part of an antenna facility or any attachment thereto may extend beyond the property N. No permit shall bei issued for the installation of an antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the 0. All antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the Cityi in accordance with provisions in P. A Special Exception must be obtained in the residential zoning districts for any antenna facility which does not comply with the regulations specified hereinabove.  public welfare;  lines oft the owner of such antenna or antenna facility;  building department; the building code;  37.4 NON-RESIDENTIAL! DISTRICTS.  Radio, television, microwave broadcast relay, receiving towers, transmission and re-transmission facilities, satellite receiving only earth stations (home dish antenna), and any. electronic emission equipment of a commercial nature shall be allowed in the nonresidential zoning districts ifit complies with A. Up to 3 antenna facilities may be located on al lot of record, co-location is encouraged; B. Antenna facilities shall be limited to building attached and monopoles only;  the following regulations:  An antenna facility, exclusive of the height of any attached antenna, shall not exceed 351 feet inh height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations herein. Regardless of the above, the maximum height for an antenna facility permitted without a Special D. With the exception of stealth facilities, the height of an antenna, including the height of any antenna facility to which they may be fastened or attached, shall not exceed 65 feet in height E. With the exception of stealth facilities, an antenna shall not extend more than eight feet F. An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for G. Setbacks: With the exception of stealth facilities, antennas and antenna facilities shall not  Exception in any nonresidential district shall be 651 feet;  without a Special Exception; above al building on which it is attached; maximum wind load requirements; be permitted in front or side yards;  H. Antenna facilities shall not be permitted in any easement;  August 22, 2011  Page 66  City ofTolar, Texas    Article4 4 - Supplementary Regulations  ZONING ORDINANCE  Lights: No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation J. Construction standards: A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facility and antennas must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code; K. Maintenance: Antenna facilities and antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and No part of an antenna facility and antennas or any attachment thereto may extend beyond M. No permit shall be issued for the installation of an antenna or antenna facility on a multi- family structure or property unless a notarized statement of permission from the owner is N. All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance O. A Specific use permit must be obtained in nonresidential zoning districts for any antenna or P. Stealth facilities, which meet the definition of stealth as provided in Section 48.4, Wireless Communications Facilities Definitions shall be exempt from the height and location requirements of this section. In addition, the City Manager or his designee shall be the final  Authority or the Federal Communications: Commission;  public welfare;  the property lines oft the owner of such antenna or antenna facility;  presented to the building department; with provisions in the Building Code;  tower which does not comply with the regulations specified hereinabove.  authority as to whether or not any facility meets the definition of "stealth".  37.5 WRITTENREPORT! UPON. DENIAL. OF. REQUEST.  The City of Tolar shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the  written record.  37.6 SATELWTERECEVE-ONLYANTENNAS: GENERALLY.  Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this ordinance when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined  health, safety and aesthetic objectives. 37.7 SATELHTERECEME-ONL/ANTENNAS:  A satellite receive only antenna shall be allowed ifi it complies with the following:  A. The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally  permitted by non federal land use regulations or;  August 22,2011  Page 67  City of Tolar, Texas    Article 4- Supplementary. Regulations ZONING ORDINANCE  B. The satellite receive-only antenna is less than one meter in diameter in any residential  zoning district.  37.8 LAR9ESATELTEREEMECEVEONLTANTENHAS. they comply with the following regulations:  Satellite receive-only antennas that are greater than one meter in diameter in residential districts or greater than two meters in diameter in non-residential districts shall be allowed in any zoning district if  A. Only one satellite receive-only antenna per lot of record; B. Asatellite receive-only antenna shall not exceed ten feet in height;  Set backs: yards;  a. Front and side: Satellite receive-only antennas shall not be permitted in front or side b. Rear: Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts D. Separation: There shall be no minimum or maximum separation requirements for satellite  and as for all buildings in nonresidential districts;  receive-only antennas from other structures on the same lot of record; E. Satellite receive-only: antennas shall not be permitted in easements;  F. Lights: No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the G. Construction standards: A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturers recommendations or under the seal of a registered H. Maintenance: Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and No part of a satellite receive-only antenna or any attachment thereto may extend beyond the J. No permit shall be issued for the installation of a satellite receive-only antenna on a multi- family structure or property unless a notarized statement of permission from the owner is K. All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be AS Special Exception must be obtained for any satellite receive only antenna which does not  Federal Communications Commission;  professional engineer of the State of Texas;  public welfare;  property lines of the owner of such satellite receive-only antenna;  presented to the Building Department;  considered to be screened;  comply with the regulations specified hereinabove.  August 22, 2011  Page 68  City ofTolar, Texas    Article4 4 - Supplementary Regulations  ZONING ORDINANCE  37.9 SPECIAL. EXCEPTION.  A Special Exception must be obtained for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this section, herein above. In considering whether to grant a Special Exception from the regulations specified above, the following shall be considered:  A. The effect on the value oft the surrounding property;  B. The potential fori interference with the enjoyment oft the use of surrounding properties; D. The necessity of the Special Exception for the public health, safety, and welfare of the The zoning district and the adjoining zoning districts of the property for which the Special F. The provisions of 47 C.F.R. S 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities  Aesthetics;  citizens or for governmental purposes;  Exception is sought; unless such regulations:  a. Have a clearly defined health, safety or aesthetic objective; and  0. Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers; G. The unique conditions that govern reasonable reception on any given lot;  H. To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be a. Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height; b. Provide photos or drawings of all equipment, structures and antenna;  provided by the applicant:  Describe why the antenna or tower is necessary, tower and describe the use to be made by each user; howi it will be connected and who willl be the back haul provider;  d. State the name(s) of the telecommunications providers or other users of the antenna or e. Indicate if this antenna or tower site is to be connected to other sites; and if so, describe The applicant must address whether or not they have made an effort to Co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Please identify the location of these existing sites. If yes, please describe in detail these efforts and explain in detail why these existing sites 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/promote Co-location and, ifr not, describe why not; 9 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;  August 22,2011  Page 69  City of Tolar, Texas    Article 4- Supplementary. Regulations ZONING ORDINANCE  h. If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identify the location of these commercial and or industrial district sites. Please describe in detail these 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 Indicate the proposed provider's current coverage area for the City. Attach maps showing the areas the proposed provider's existing antenna currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the Describe the applicant's master antenna and tower plan for the City. Attach maps and other related documentation. Provide information indicating each phase oft the plan. Describe the applicant's plan to minimize the number of telecommunications antenna and The City Council will approve a requested application subject to the finding that CO- location of this facility with a nearby existing tower facility is technically not feasible and  operators which confirm the statements provided;  applicant's existing sites and the requested site would cover.  towers needed to cover the City. subject to the following conditions:  m. Applicant will permit Co-location of others at the site;  n. Applicant will configure its antenna and other equipment to accommodate other 0. Applicant will identify its backhaul provider connecting antenna sites; and  providers;  p.A Applicant will give notice to the City identifying any providers who co-locates to the site  and identify their backhaul provider.  Section 38 - Nonconforming Uses, Lots, and Structures  38.1 CATEGORIES.OE NONCONFORMITIES  Within the districts established by this ordinance, or amendments that may later be adopted, there exist  A. Lots and uses of land, B. Buildings and structures,  C. Uses of land and buildings in combination, and  D. Characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this ordinance that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and  structures or uses prohibited elsewhere in the same district.  August 22, 2011  Page 70  City of Tolar, Texas    Article 4 - Supplementary Regulations  ZONING ORDINANCE  38.2 NONCONFORMING. USES REGULATED.  Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. Neither nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this  section.  38.3 NONCONFORMINS. STATUS. located, is nonconforming when:  Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is A. The use, lot, or structure was in existence and lawfully operating on the date of the passage B. The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; C. The use, lot, or structure was in existence at the time of annexation to the City and has since  of this ordinance, and has since been in regular and continuous use; or  or  been in regular and continuous use.  38.4 NONCONFORMING LOTS.OF! RECORD.  In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinançe. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply. Any required variances shall be obtained only  through the Zoning Board of Adjustment. 38.5 NONCONFORMING. USES.OF. LAND.  Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued sO long as it remains otherwise  lawful, provided:  A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of B. No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or Ifa any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than 6 months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.  this ordinance.  amendment of this ordinance.  38.6 ONGPNF9HNGBVLONS:  Where a lawful building exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be  continued sO long as itr remains otherwise lawful, subject to the following provisions:  August 22, 2011  Page 71  City ofTolar, Texas    Article 4- Supplementary. Regulations ZONING ORDINANCE  A. No such nonconforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its B. Should such nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board's findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property. C. Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which iti is located after iti is moved.  nonconformity or to comply with City building codes.  38.7 NONCONEPMIGUSESOE BUILDINGS.  Iflawful use involving individual buildings exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in a particular district under the terms of this ordinance, the lawful use may be continued sO long as it remains otherwise lawful, subject to the following provisions:  A. No existing building devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in whichi it B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building. C. Ifr no structural alterations are made, except as required by the City's building codes, any nonconforming use of a building, or building and premises, may be changed to another nonconforming use provided that the Zoning Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Adjustment may require appropriate conditions D. Any building in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not E. When a nonconforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of F. Where nonconforming use status applied to al building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more G. Where nonconforming use status applies to a conforming building, such use shall be  isl located, or to comply with City building codes.  and safeguards in accord with the provisions of this ordinance.  thereafter be resumed.  the district in which iti is located.  than 50 percent of the replacement cost at time of destruction. immediately terminated upon transfer to another ownership or lease.  August 22,2011  Page 72  City ofTolar, Texas    Article4 - Supplementary Regulations  ZONING ORDINANCE  38.8 REPAIRS AND. MAINTENANCE.  On any nonconforming building or portion of a building containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming building or nonconforming portion oft the building, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. Ifa nonconforming building or portion of a building containing a nonconforming use becomes physiçally unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which iti is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, AI nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. Anonconforming: use shall be considered discontinued when:  upon order of such official.  38.9 NONCONFORMING. USES. DISCONTINUED.  A. Ith has been replaced with a conforming use; or  B. Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced  within such six month period; or  C. The intention of the owner to permanently discontinue the use is apparent.  38.10 CHANGESTHATLESSENI NONCONFORMITY.  Changing to a more restricted or less intensive nonconforming use that lessens the extent of the original  nonconformity may be permitted by the Zoning Board of Adjustment.  August 22, 2011  Page 73  City ofTolar, Texas    Article 5-4 Administration ZONING ORDINANCE  Article 5- Administration  Section 39 - Administration and Enforcement  39.1 ADMINISTRATIVE. OFFICIAL.  An administrative official designated by the City Council shall administer and enforce this ordinance. Said person may be provided with the assistance of such other persons or consultants as the City Council may Ifthe administrative official finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this  direct.  39.2 ENFORCEMENT.  ordinance to ensure compliance with or to prevent violation of its provisions. Section 40 - Completion of Buildings Under Construction  To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall  be carried on diligently.  Section 41 . Zoning Board of Adjustment  41.1 ESTABLISHMENT.  AZoning Board of Adjustment is hereby established, which shall consist ofi five regular members and two alternate members, each to be appointed for at term of two years by the City Council. Alternate members shall serve in the absence of regular member(s) in keeping with rules and procedures adopted by the Zoning Board of Adjustment. Members of the Zoning Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by appointment of the City Council for the unexpired term of the member affected. All cases to be heard by the Zoning Board of Adjustment must be heard by a minimum number of four members. Ina accordance with Section 211.008 of the Local Government Code, the City Council may assume the duties of the Zoning Board of Adjustment are authorized by ordinance. This Zoning Ordinance shall provide that authorization for the City of Tolar. This shall not be considered a mandate but shall be  41.2 CITY.COUNCIL. OPTION.  elective on the part of the City Council.  August 22,2011  Page 74  City ofTolar, Texas    Article: 5 - Administration ZONING ORDINANCE  41.3 ZONING. BOARD.OF ADJUSTMENT. TERMSOFOFFICE.  The terms oft three of the members of the Zoning Board of Adjustment shall expire on the first Monday in June ofe each odd-numbered year, and the terms of two of the members shall expire on thet first Monday in June of each even-numbered year. The members of the board shall be identified by place numbers one through five. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years. This Section 41.3, Zoning Board of Adjustment Terms of Office does not apply to the City Council if it is fulfilling the responsibilities of the Zoning Board of The Zoning Board of Adjustment members shall select a chairman and vice-chairman from among its  Adjustment as provided in Section 41.2, City Council Action.  41.4 PROCEDURE. members.  A. The board shall hold an organizational meeting on the first Monday in July of each year and shall elect a vice-chair from among its members before proceeding to any other matters of  business.  B. Officers will serve for ai term of one year.  C. Meetings shall be held at the call of the chairman and at such other times as the board may  determine.  D. All meetings shall be open to the public.  E. The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs and G. Aquorum for the conduct of business shall consist of four members of the commission. H. The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve without compensation. Three consecutive unexcused absences  record and be immediately filed in the office of the board. inl keeping with the provisions of this ordinance and state statutes.  shall constitute grounds for dismissal. Duties of the officers shall be as follows:  a. Chairman. The chairman shall preside at all meetings and may administer oaths and compel the attendance of witnesses, and shall have the same subpoena powers as the b. Vice-chairman. The vice-chairman shall assist the chairman in directing the affairs oft the  municipal court.  Board and acti in the absence of the chairman.  41.5 POWERSOE.THE! BOARD.  The Zoning Board of Adjustment shall have the powers and exercise the duties of a Zoning Board of Adjustment in accordance with Section 211.009 of the Texas Local Government Code. The Board's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to ensure continuing compliance with its  decision. The Zoning Board of Adjustment shall have the following powers and duties:  August 22,2011  Page 75  City ofTolar, Texas    Article 5 Administration ZONING ORDINANCE  A. Interpretation. To render an interpretation of the zoning regulations or the manner of their application where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the administration of this ordinance. In reaching its decisions the Board shall establish firm guidelines for future administrative B. Special exceptions. To hear and decide upon those applications for special exceptions when the same is authorized under this ordinance subject to Board approval. A special exception shall not be granted by the Zoning Board of Adjustment unless itf finds: a. That the use is specifically permitted under the ordinance; and  action on like matters.  b. That the locations of proposed activities and improvements are clearly defined on the That the exception will be wholly compatible with the use and permitted development of Variances. To authorize upon appeal in specific cases such variance from the height, yard area, coverage, and parking regulations set forth in this ordinance as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. A variance from the terms of this ordinance shall not be granted by the Zoning Board of Adjustment unless and until it finds that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this That the special conditions and circumstances do not result from the actions of the d. That granting the variance requested will not confer on the applicant any special privilege thati is denied by this ordinance to other lands, structures or buildings in the same district. e. The board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make The Zoning Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent oft this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g. Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by  site plan filed by the applicant; and adjacent properties.  the same district; and ordinance; applicant;  possible the reasonable use oft the land, building or structure.  implication prohibited by the terms of this ordinance in said district.  D. Nonconforming Uses.  a. The Board may permit the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by the building, and the addition of off-street parking or off-street loading to a nonconforming use.  August 22,2011  Page 76  City of Tolar, Texas    Article5 - Administration ZONING ORDINANCE  b. The Board may require the discontinuance of nonconforming uses of land or buildings under any plan whereby the full value of the buildings and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected, when considered in light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The Board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation, or maintenance of  any nonconforming use within the City.  41.6 APPEALSTO.THE. ZONING. BOARD.OF. ADJUSTMENT.  A. Interpretation. Appeals to the Zoning Board of Adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer, agency, department or commission of the City affected by any decision of the administrative official. Such appeals shall be taken within 10 business days or such lesser period as may be provided by the rules of the board, by filing with the administrative official from whom the appeal is taken, and with the Zoning Board of Adjustment a notice of appeal specifying the grounds for appeal. The administrative official shall forthwith transmit to the board all papers B. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Adjustment or by a court of record on application, and on C. Special Exception Application. An application for a special exception to use or develop property as specifically authorized in district use regulations or in this section may bet filed by any person owning the affected property or by any tenant upon written authorization of the owner. Such application shall be filed with the Board, and a copy thereof with the D. Form of Appeal or Application. The appeal or application shall be in such form and contain such information as the Board may require under its rules of procedure. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board, and shall not be reviewed or scheduled for hearing until brought to E. Notice of Hearing. Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or to the person rendering the same for City taxes, affected by such application, located within 200 feet of any property affected thereby, within not less than 10 days before such hearing is held. Such notice shall be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on requests for interpretation of regulations applying to more than one property and ownership shall be given by means of a general notice as provided below. In addition, a list of items on the agenda to be heard by the Board shall be posted at a public place in City Hall at least 72  constituting the record upon which the action appealed from was taken.  due cause shown.  administrative official.  completion.  August 22, 2011  Page 77  City of Tolar, Texas    Article5 Administration ZONING ORDINANCE  hours before the hearing on said items, and a list of agenda items shall be published in a newspaper of general circulation in the City of Tolar at least twenty-four 24 hours before the  hearing at which action willl be considered.  41.7 HEARING.AND. DECISION.  A. Generally. The board shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. Evidence supporting the grant or denial of an appeal shall be submitted only through the administrative official or to the Board in public meeting. An appeal or application may be withdrawn upon written notice of the administrative official, but no appeal shall be withdrawn after posting of hearing notice and prior to board action thereon without formal consent of the  Board. B. Decision and Voting.  a. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the Board is authorized to pass under this ordinance shall b. Nothing herein contained shall be construed to empower the Board to change the terms of this ordinance, or to effect changes in the zoning districts. The powers of the Board shall be sO applied that the terms of this ordinance will be strictly enforced. Ine exercising the above-mentioned powers, the Zoning Board of Adjustment may, sO long as such action is in conformity with the provisions of Section 211.008 Board of Adjustment through Section 211.013 Conflict with Other Laws. Exceptions of the Texas Local Government Code, may modify in whole or in part any order, requirement, decision or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers of the d. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.  be construed as limitations on the power of the Board to act.  administrative official from whom the appeal is taken.  C. Disqualification from voting.  a. A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under appeal, or that he will be directly affected by b. A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on the appeal, other than in the public  the decision of the Board.  hearing. D. Approval of Request.  a. Ina approving any request, the Zoning Board of Adjustment may designate such conditions inc connection therewith in order to secure substantially the objectives of the regulations or provisions to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.  August 22, 2011  Page 78  City ofTolar, Texas    Article5 : Administration ZONING ORDINANCE  b. When necessary, the Zoning Board of Adjustment may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being Unless a building permit or certificate of occupancy is obtained, appeal shall expire 60 days after the Board's decision unless a greater time is requested in the application and is authorized by the Board. Any approval may be granted one emergency extension of 60 days on written request filed with the Board before expiration of the original approval. E. Denial of Request. No appeal or application that has been denied shall be further considered by the Board under a subsequent request obtained by filing new plans and  or will be complied with.  obtaining of a new decision from the administrative official unless: a. The new plans materially change the nature of the request; or  b. The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board, sO as to support an allegation of F. Appeals of Zoning Board of Adjustment Action. Any person or persons, or any board, taxpayer, department, commission or agency of the City aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record a petition duly certified, setting forth that such decision is illegal in whole or in part, specifying the grounds of such illegality. Shall petition shall be presented to the court within ten days after the filing of the decision complained ofi in the office of the Zoning Board of Adjustment, and not thereafter.  changed conditions.  41.8 AUTHORIZED. SPECIAL. EXCEPTIONS  The following privately owned or privately operated uses may be permitted as special exceptions by the Zoning Board of Adjustment in the districts indicated below, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose for protection  of the public health or safety:  District Where Permitted  Special Exception  Shared of the same off-street parking areas by two or more uses as follows: a. When two or more uses, according to such approved plan, share the same off-street parking area, each may be considered as having provided such shared space individually. b. The land uses and common parking facility must be located in close proximity to one C. The land uses must be located noti farther from the shared parking than a distance of 300 feet, measured by a straight line from the nearest point of thel land on which the use is served is located tot the nearest point of the separated off-street parking space.  HC,GC,1  another.  Off-site parking when thet following applies:  a. Must be located not farther from the use served than a distance of 3001 feet, measured by a straight linei from the nearest point of thel land on which the use is served is located to the b. Awritten agreement shall be drawn tot the satisfaction oft the City attorney and executed by all parties concerned assuring the continued availability oft the off-site parking facilities for  nearest point of the separated off-street parking space. the use they are intended to service. Additional Height for Accessory' Buildings in residential districts Additional Height for Parking Lot! Light Poles  HC,GC,I  A, RR, R8, R6,D MF,&N MH All Districts  August 22, 2011  Page 79  City ofTolar, Texas    Article5-A Administration ZONING ORDINANCE  Exceed lllumination of 20 foot-candle for Public and Semi-Public Facilities  All Districts AIl Districts HC,GC,I See Section 35, HC,GC, R8,R6,D,8MH  Permit Laser Source Lights, Searchlights, Floodlights, Up-lighting of displays and bldgs, and Antenna facilities which do notr meet the requirements of Section 35 Wireless communication  Mercury Vapor lights Facilities  Reduction of required parking between 11% and 50%  Additional height over 601 feet  Parking int thet front yard on an unimproved surface  41.9 FEES.  There shall be a fee assessed for each request for a variance to this ordinance, in accordance with the City of Tolar fee schedule. Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted with gross negligence or in bad faith, or with malice in making the decision  appealed.  Section 42 - Duties of City Council  The duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and, of establishing a schedule of fees and charges as stated in Section  43 Fee Schedule. Section 43  Fee Schedule  The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for the administration, review and processing of applications regarding the issuance of building permits, certificates of occupancy, zoning change requests, plats, Zoning Board of Adjustment appeals and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the City Council. Untif all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application  ora appeal.  Section 44 - Amendments 44.1 GENERALLY. time tot time by the City Council. 44.2 AMENPMENTINTATION  The regulations, restrictions, and district boundaries created by this ordinance may be amended from  An amendment to this ordinance may be initiated by the City Council on its own motion or an owner or  agent having proprietary interest in any property.  August 22, 2011  Page 80  City ofTolar, Texas    Article5 - Administration ZONING ORDINANCE  44.3 PROCEDURE. 44.4 NOTICE.  Any amendment to this ordinance shall require public hearings to be held before the City Council. When any amendment relates to a change in classification or boundary of a zoning district, written notice of all public hearings before the City Council on proposed changes and classifications shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed. Such notice will be given not less than ten days before the date set for hearing, to all owners as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed, postage paid, in the City post office. Notice shall also be posted along with the agenda for all hearings and related meetings in accordance with the applicable laws of the State of When an amendment relates to a change of zoning classification or to the text of this ordinance not affecting specific property, notice of the public hearings before the City Council shall be given by publication in a newspaper of general circulation in the City without necessity of notifying property owners by mail. The notice shall state the time and place of the hearing and the nature of the subject to be  Texas.  considered, which time shall not be earlier than 15 days from the date of publication.  44.5 PROTEST..  Inc case the City Council does not approve the change, or in case of a written protest against such change, filed with the City secretary and signed by the owners of 20 percent or more, either oft the area of the lots included in such proposed change, or oft those lying within 200 feet of the property on which the change is requested, the amendment shall not be approved except by the favorable vote of three-fourths  of all members of the City Council. 44.6 FREQUENCY.OF PETITION.  Ap property owner, lessee, developer or option holder may petition the City Council for an amendment to the text or district map oft this ordinance, provided that before any action shall be taken as provided in the section, the party or parties petitioning for amendment shall deposit with the City secretary the fee amount stipulated by resolution of the City Council to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of such proposed amendment to be enacted into law. A party shall not initiate the same action for a zoning amendment or  specific use permit affecting the same land more often than onçe every 12 months.  Section 45 - Violations and Penalties 45.1 COMPANTSRESARON. VIOLATIONS  Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action  thereon as provided by this ordinance. 45.2 PEMATESFORY9LAT9N  Any person, firm, association of persons, corporation, or other organization who shall violate any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day a violation of this ordinance shall continue shall constitute a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as  isn necessary to prevent or remedy any violation.  August 22, 2011  Page 81  City ofTolar, Texas    Article 5- Administration ZONING ORDINANCE Section 46  Severability  The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase,  clause, sentence, paragraph, or section.  August 22, 2011  Page 82  City ofTolar, Texas    Article6 Definitions ZONING ORDINANCE  Article 6- Definitions  Section 47  Rules for Words and Phrases  47.1 GENERAL. INTERPRETATION 47.2 TENSEANDNUMBER.  For the purpose of this ordinance, certain terms and words are defined and shall have the meanings ascribed in this ordinance unless iti is apparent from the context that different meanings are intended. Words used in the present tense include the future tense; words in the singular number include the plural  number; and words in the plural number include the singular number.  47.3 INTERPRETATIONOF. CERTAIN.! WORDS.  The word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "shal" is mandatory, not directory; the word "may" is permissive; the word "used" means "designed, intended, or arranged to be used"; "occupied" means loccupied or intended, designed, or arranged to be occupied." The word "lot" includes the words "plot," "parcel" or "tract of land"; the word "building" includes the word "structure"; the word "including" means  "including but not limited to." Section 48 - Definitions 48.1 GENERAL. DEFINITIONS.  The following general definitions do not include the definitions of uses. Uses are defined in Section 48.2, Use Definitions and Explanations. The following words, when used in this ordinance, shall have the meaning respectively ascribed to them in this section, unless the context of this ordinance clearly  indicates otherwise.  Administrative Official. The individual charged with the administration and enforcement of this Alley. A public minor way which is used primarily for secondary vehicular service access to the Basement. A building story which is partly underground but having at least one-half ofi its height above the average level of the adjoining ground. A basement shall be counted as a story in computing Block. An area enclosed by streets and occupied by or intended for buildings; or if used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets  ordinance, or his duly authorized representative.  back or side of properties otherwise abutting on a street or highway.  building height.  which intersect said street on the said side.  Board. The Zoning Board of Adjustment.  Breezeway. A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. Abreezeway shall be considered an accessory building.  August 22, 2011  Page 83  City ofTolar, Texas    Article 6-1 Definitions ZONING ORDINANCE  Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire Building Line. A line parallel or approximately parallel to the street line at a specific distance Cellar. A building story with more than one-half its height below the average level of the Certificate of Occupancy. An official certificate issued by the City through the administrative official which indicates conformance with or approved conditional waiver from the building or zoning regulations and authorizes legal use and occupancy of the premises for which it is issued. City Council (Council). The governing body oft the City of Tolar, Texas.  each portion so subdivided may be deemed a separate building.  therefrom marking the minimum distance from the street line that a building may be erected. adjoining ground. A cellar shall not be counted as a story in computing building height.  Court. An open, unoccupied space bounded on three or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court  having one side open to a street, alley, yard or other permanent space.  Density. The number of dwelling units permitted per net acre of land. A net acre of land does District. A section of the City of Tolar for which the regulations governing the area, height, or use Dwelling Unit. Al building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping. Easement. Agrant of one or more property rights by the owner to, or for the use by, the public, a Family. Any number of persons living together as a single non-profit housekeeping unit in which Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include five or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any Fence. An open or solid enclosure designed to contain or prevent intrusion. An open fence is one in which the vertical surface thereof is not less than 70 percent open. A solid fence is one in which the vertical surface thereof is not greater than 30 percent open, and may be considered as a screening  noti include portions of streets or alleys. oft the land and buildings are uniform.  corporation, or another person or entity.  not more than four individuals are unrelated by blood, marriage, or adoption.  family unit as defined in the first paragraph oft this definition.  element. (See also Screening element.)  Flood Plain. Any land area susceptible to being inundated by water from any source.  August 22, 2011  Page 84  City ofTolar, Texas    Article 6 - Definitions ZONING ORDINANCE  Floodway. The channel, river, or other watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface Floor Area. The total square feet of floor space within the outside dimensions of a building Floor Area Ratio (FAR). An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting Glare. A sensation of brightness within the visual field that causes annoyance, discomfort, or Grade. The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the Height. The vertical distance of a building measured from the average established grade at the  elevation more than one foot at any point.  including each floor level, but excluding cellars, attics, carports, or garages.  from dividing the main building floor areal by the lot area. loss in visual performance and visibility.  sidewalk.  street line or from the average natural front yard ground level, whichever is higher, to:  A. The highest point of the roof's surface if at flat surface; B. To the deck line of mansard roofs; or  C. To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet  in height.  If the street grade has not been officially established, the average front yard grade shall be used for a  base level.  Impervious Coverage. Any material that substantially reduces or prevents the infiltration of Infrastructure. The essential facilities such as water, sewers, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the protection of the health, safety,  stormwater into previously undeveloped land.  and general welfare.  Landscaping. Live plant material including grass, shrubs, trees, and flowering plants as required Loading Space, Off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street  by Section 4.11 Landscape Regulations.  parking space in computation of required off-street parking space.  Lot. A parcel of land which is shown on an approved plat recorded in the Hood County plat  records.  August 22, 2011  Page 85  City ofTolar, Texas    Article 6- Definitions ZONING ORDINANCE and rear lotl lines.  Lot Area. The area of the horizontal plane bounded by the vertical planes through front, side,  Lot, Corner. Al lot abutting upon two more streets at their intersection.  Lot Coverage. The percentage of the total area of a lot occupied by the base (first story or floor)  of buildings located on the lot.  Lot Depth. The horizontal mean distance between the midpoint of the front and the midpoint of Lot, Flag. A lot with access provided to the Lot, Interior. A lot that is other than a corner Lot Lines. The property lines bounding al lot as Lot Line, Front. The boundary between a lot  the rear lot lines.  R R  bulk of the lot by means of a narrow corridor.  R T  lot.  defined herein.  and the street on which it fronts. closely parallel to the front lot line.  Lot Line, Rear. The boundary line not intersecting a front lot line which is most distant and most  Lot Line, Side. Any lot boundary line not at front or rear! line thereof.  Lot, Through. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lot(s) shall provide a front yard on  each street.  Lot Width. The width of al lot at the front building line.  Main (Principal) Building. The building or buildings on a lot which are occupied by the primary Masonry. That form of construction composed of brick, stone, concrete, gypsum, hollow-clay tile, glass block, fiber cement board, stucco or similar building units or materials or combination of these materials laid up unit by unit and set in mortar (Masonry does not include exterior insulated finish systems Nonconforming Building. A building which legally existed prior to the adoption, revision, or amendment of this ordinance but that does not meet the limitations on building size or location on a lot for Nonconforming Lot. A lot which was in compliance with applicable regulations prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of adoption, revision, or  use.  [EIFSI).  the district in which the building is located, or for the use being made oft the building.  amendment to conform to the lot requirements for the district in which iti is located.  August 22,2011  Page 86  City ofTolar, Texas    Article6 Definitions ZONING ORDINANCE  Nonconforming Use. A use of land which legally existed at the time of the effective date of this ordinance, or subsequent amendments thereto, which does not conform to the use regulations of the  district in which iti is situated.  Occupancy. The use or intended use oft the land or buildings by proprietors or tenants. Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except fort the ordinary projections of cornices, eaves or porches. Parking Space, Off-street. For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off- street parking areas for three or more automobiles shall have individual spaces marked, and shall be sO designed, maintained and regulated that no parking or maneuvering incidental to parking shall be within any public street, or alley, right-of-way, and sO that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room shall be estimated at 300 square feet for residential uses and 400 square feet for nonresidential uses, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements in this ordinance are provided, maintained and improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the City. All required off-street parking spaces shall be provided and maintained wholly within private Plat. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City and subject to approval by the City Council. Reference to ai final plati in this ordinance means an official plat of record which has been approved by the City Council and filed int the plat records of Hood County.  property lines and not within any public highway, street or alley right-of-way.  Premises. Land together with any buildings or structures occupying all or any portion of the land. Private Drive, Street, or Place. An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of  vehicular access to property abutting thereon. Property line. (See lot line).  Residence. Same as a dwelling; also when used with the word "district," an area of residential Room. A building or portion of al building which is arranged, occupied or intended to be occupied Screening Element/Device. Screening element (device) or suitably screened as herein referred, A. Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent type material, the vertical surface of which is notr more than  regulations.  as living or sleeping quarters but noti including toilet or cooking facilities.  shall mean any of the following:  30 percent open; or  August 22, 2011  Page 87  City ofTolar, Texas    Article 6-Definitions. ZONING ORDINANCE  B. Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which C. Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of at fence, wall, hedge or other dense planting material. Semitrailer. A vehicle designee or used with a motor vehicle sO that part of the weight of the Setback, Building. The minimum horizontal distance between the front wall of any projection of Special Exception. A use that would not be generally appropriate without restriction throughout the zoning district but which, if controlled as to number, area, location, intensity or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted as special exceptions by the Zoning Board of Adjustment, after public hearing thereon. See  such material shall be maintained in al healthy growing condition;  vehiçle and its load rests on or is carried by another vehicle.  the building (excluding steps) and the street line. (Same as Building line.)  Section 40 Zoning Board of Adjustment.  Specific Use. The use of any building, structure, or land not specifically allowed by district regulations, but permitted as a specific use in accordance with Section 24 Specific Use Permits. Story. That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the Street. A public way between two right-of-way lines (other than an alley or private drive) which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.  curb level, established or mean street grade or average ground level.  Street Line. The right-of-way line of a street.  Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings and Structural Alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in  mobile homes.  bearing walls as permitted by the City building code.  Thoroughfare. Those public streets designated on the City of Tolar Thoroughfare Plan as Trailer. a vehicle that is designed or used to carry a load wholly on its own structure; and is  thoroughfares".  drawn or designed to be drawn by a motor vehicle.  August 22, 2011  Page 88  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Vehicle. As used herein shall include motor vehicle, motorcycle, trailer and semitrailer. Variance. A variance is a relaxation by the Zoning Board of Adjustment of the dimensional regulations of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, al literal enforcement of the zoning ordinance would result in unnecessary and undue hardship.  See Section 40 Zoning Board of Adjustment.  Yard, Front. A yard across the full width of the lot extending from the building line to the front line of the lot abutting a street. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the  side and front lot lines would have met without such rounding.  Yard, Rear. A yard between the rear lotl line and the rear line of the main building and the side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lotl line. Yard, Side. A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its  inner edge parallel with the side lot line.  Zoning District Map. The official certified map upon which the boundaries oft the various zoning  districts are drawn and which is an integral part oft the zoning ordinance. 48.2 LAND. .USE. DEFINITIONS.AND! EXPLANATIONS. the uses listed in Section 11, Permitted Use Table.  The following definitions and explanatory notes supplement, restrict, and define the meaning and intent of Accessory Building. A subordinate building having a use customarily incident to the main building. Al building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and  designed as an integral part of the main building.  Accessory Use. A use customarily incidental to the main use oft the property.  Agricultural Use. The use of a parcel of land for farming or ranching and shall include the structures that are normally associated with agricultural uses. However, this use shall not include commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, rat, or  other fur bearing animal farms, or the farming of swine or exotic animals.  Ambulance Service. An establishment which provides ambulatory transport of persons, to or Amusement Center, Indoor. A facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffle board, darts, and batting cages. Any combination of  from a medical facility, for a fee.  August 22,2 2011  Page 89  City ofTolar, Texas    Article 6-1 Definitions ZONING ORDINANCE  these games may be used in the facility. Games of wagering and chance, including 8-liners, categorized Amusement Center, Outdoor. An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open. Animal Grooming. An establishment that offers to the general public the service of animal Animal Pound, Shelter. A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, or other nonprofit Antique Shop. An establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations which have value and significance as a result of age, design, or Apartment. A room or suite of rooms arranged, designed, or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping Apparel Alteration and Repair or Tailor Shop. An establishment offering individual alteration, Appliance Repair, Household. As shop specializing in repair of household appliances. Art Gallery. An establishment offering works of art for viewing and sale to the general public. Arts, Crafts, and Hobby Shop. An establishment offering for sale those items commonly Assembly Hall. A building and associated facilities dedicated to social or recreational activities Assembly Plant. A facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other Athletic Field and Play Field, Commercial. An athletic field or stadium owned and operated privately, including a baseball field, golf course, football field, or stadium which may be lighted for night- Athletic Field and Play Field, Public. An athletic field or stadium owned and operated by a public agency for the general public, including a baseball field, golf course, football field, or stadium which Auction House. A place where objects of art, furniture, or other goods are offered for sale to Auditorium. A large building and associated facilities for gathering an audience for speeches  as gambling are prohibited and not included in this use.  grooming for domestic pets. No boarding or medical care is provided.  organization devoted to the welfare, protection, and humane treatment of animals.  sentiment. unit.  repair, or creation of clothing apparel to the public.  associated with hobbies, including display areas for hobbies.  serving the City or a neighborhood.  locations. time play.  may be lighted for night-time play.  persons who bid on the object in competition with each other.  and performances.  August 22, 2011  Page 90  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Auto Auction. An enclosure or area, including outside storage, designed for the sale of Auto Car Wash. An area and/or structure with machine or hand operated facilities used Auto Impound Lot I Wrecker Business. An establishment offering the service of towing, impounding, and temporary storage of vehicles either which have been in an accident or are illegally Auto Paint and Body Shop. An automotive shop with a primary purpose of repairing and painting the outside surfaces of automobiles, trucks, and vans, and repairing and replacing the upholstery Auto Parts and Accessory Sales. An automotive shop with a primary purpose of selling new Auto Rental (Car and Truck). An establishment primarily engaged in the short-term rental or Auto Repair Garage. An enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage allowed but no outside repair or maintenance Auto Sales, New and Used. An open area or lot used for the display or sale of automobiles, trucks, and vans, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the Auto Service Station. An establishment for the retail sales of petroleum products, automobile accessories, auto tune-up, muffler installation incidental to the primary use, tire installation or repair, oil change or other lubricate services in which all services provided and all storage, supplies, parts, equipment, and accessories are indoors, with the exception of fuel-dispensing operations.  automobiles at auction or using other sales techniques.  principally fort the cleaning, washing, polishing, or waxing of motor vehicles.  parked.  ofs such vehicles.  parts and accessories for automobiles, trucks, and vans.  extended term leasing of automobiles and trucks, not including truck tractors or semi-trailers.  conducted.  premises.  Auto Service Station, Light Maintenance. A premises where gasoline and other petroleum products are sold and I or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall include automobile inspection services, but shall not include areas where heavy automobile maintenance activities such as engine overhauls,  automobile painting, and body fender work are conducted.  Bakery, Retail Confectionery. A shop offering for sale on premises those baked goods or Bakery, Wholesale Candy. A manufacturing facility for either baked goods or candy with the Bank, Savings and Loan Association, Financial Institution. A building or premise offering banking, savings and loan, and other financial services, not including pawn shops as herein defined.  candies made on premises or off premises. No production for off premise sale is allowed.  purpose of selling the products at off-site retail locations.  August 22, 2011  Page 91  City ofTolar, Texas    Article6 6-1 Definitions ZONING ORDINANCE  Barber Shop, Beauty Salon, other Personal Shop. An establishment which provides personal services including hair cuts, perms, color treatments, manicures, pedicures, and other personal beauty Boardinghouse. A building other than a hotel, where lodging and meals for five or more  services.  persons, not members of the principal family therein, are served for compensation. Bottling Works. A facility for the bottling of products for off-site retail sales.  Building Materials Manufacturing. A facility for the production of building materials which Building Material Sales. A distribution and sales center for retail and wholesale hardware, Bus, Train, and' Taxi Station or Terminal. A facility that provides for regularly scheduled transit Cabinet and Upholstery Shop. A shop for the assembly of cabinetry for domestic use and Camp Ground and Related Facilities. An area that is occupied or intended or designed for occupancy by transients using recreational vehicles, tents, or other temporary dwellings for dwelling, lodging, or sleeping purposes. The use may also include cooking facilities, bath houses, and recreation Caretaker's Residence, Guard's Residence, Servant's Quarters. A residence located on a premises with a main non-residential or residential use occupied only by an employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is Carport. A structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on three sides from roof to adjacent ground level. Catering Service. A facility where food is prepared in large quantities to be transported to, Cemetery, Mausoleum, Crematorium. An area or structure designed to contain the remains of Clinic. A public or private, profit or non-profit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped, or otherwise in need of physical or mental Collectibles Shop. A retail establishment offering such collectible items as sports trading cards, Community Center. A building dedicated to social or recreational activities, serving the City ora neighborhood and owned and operated by the City, or by a non-profit organization dedicated to promoting  include fiberglass, wallboard, shingles, etc.  plumbing, lumber, and other materials used in the building trade. services, passenger lounges, ticketing, and customer parking. furniture repairing, refinishing, and upholstery.  areas. This does not include a manufactured housing community.  accessory. Manufactured homes are not permitted for this use.  served, and consumed at an off-site location. humans or animals for permanent interment.  diagnosis, treatment, care, or similar service.  comic books, and stuffed animals for sale to the general public. thel health, safety, morals, or general welfare of the City.  August 22,2011  Page 92  City ofTolar, Texas    Article6 Definitions ZONING ORDINANCE  Contractor, No Outside Storage Permitted. A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a  secondary use incidental to its primary use. No outside storage permitted.  Contractor, Outside Storage Permitted. A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a Contractors Storage or Equipment Yard. An area located on the same lot or separate lot as a principal use, used for outside storage of construction equipment, including vehicles and construction Convenience Store, with or without Fuel Sales. A premise where gasoline and/or other petroleum products are sold as a principal use, and in connection with the principal use, a convenience store offering for sale prepackaged food products, household items, and other goods commonly  secondary use incidental to its primary use. Outside storage permitted.  material.  associated with the same.  Convent, Rectory, Monastery. The building, buildings, or premises occupied by a religious Copy Shop. A small commercial printing shop which sells on-site most of the items printed along Cosmetic Tattoo Establishment. An establishment where trained personnel apply micro- injections of pigment to the dermal layer of skin such that facial cosmetics are applies on a permanent Country Club. An area containing a golf course and a clubhouse and available only to private specific membership. Such a club may contain adjunct facilities such as a private club (only in conformance with these regulations and applicable state statutes), dining room, swimming pool, tennis  community or association as a residence and a place of work and worship.  with associated items.  basis. This does not include at tattoo parlor.  courts, and similar recreational or service activities.  Dairy Processing. A commercial plant for the storage and processing of milk and milk products. Day Care Center, Adult. An agency at which six or more disabled or elderly adults not related to Day Care Center, Child. An agency at which six or more children, under the age of 16 and not Day Care, in the Home. A private residence where care, protection, and supervision are provided on a regular schedule, at least twice a week to no more than six children, including children of Department Store. A store offering a variety of comparison and consumptive goods at retail  the proprietor, are left for care for a part of the 24 hours of the day. related to the proprietor, are left for care for a part of the 24 hours of the day.  the adult provider. price to the general public.  August 22, 2011  Page 93  City ofTolar, Texas    Article 6-1 Definitions. ZONING ORDINANCE  Dwelling, Assisted Living Facility. A facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the State of Texas as 'supervised living". Dwelling, Industrialized Housing. A detached residential building that is designed for the use and occupancy of one family, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term does not include any residential structure that is in excess of three (3) stories or forty nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to () housing constructed of sectional or panelized systems not utilizing modular components; or (i) any ready made home which is constructed sO that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it  and moving it to another location.  Dwelling, Manufactured Housing or Mobile Home. Shall be defined and differentiated by the A. Mobile Home is a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- B. HUD- Code Manufactured Home is a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foun-dation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Dwelling, Multifamily. A residential building containing three or more dwelling units, with the Dwelling, Single Family Attached. An attached residential building, not including a mobile home or HUD Code manufactured home, which contains not more than one dwelling unit per lot of record. Dwelling, Single Family Detached. A detached residential building, not including a mobile home or a HUD Code manufactured home, which contains not more than one dwelling unit per lot of Dwelling, Guesthouse, A residential dwelling, which may include living, sleeping, bathing, and kitchen facilities but is secondary to the main dwelling structure and is used solely for habitation of guests  following:  conditioning, and electrical systems.  number of families in residence not exceeding the number of dwelling units provided.  record.  on a temporary basis and at no compensation.  Dwelling, Two-family. A residential building containing two dwelling units.  Electrical Generating Station. A facility designed to convert electrical current from other energy  sources for consumption by dwellings and other structures.  August 22, 2011  Page 94  City ofTolar, Texas    Article6 Definitions ZONING ORDINANCE  Electrical Sub-Station. A facility designed to convert electrical current to a different phase or Electrical Transmission Line. A high voltage line used to transmit electrical current to or Electronics Manufacturing. A facility for the production of printed circuit boards, microchips, and other electronic parts which may be assembled on site into end products such as computers, Exterminating Service. A business providing extermination services for household pests, Factory Outlet, Retail or Wholesale Store. An establishment that offers goods and products to the public that are obtained direct from the manufacturer at prices that reflect savings due to the reduced Farm Machinery and Implement Sales and Service. An enclosed area designed for sales and Funeral Home, Mortuary. A building or part thereof used for human funeral services. Such building may contain space and facilities for cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related supplies; and the storage of funeral vehicles. Where ai funeral home is permitted, at funeral chapel shall also be permitted.  voltage prior to consumption by dwellings and other structures.  between electrical substations or long distances and customarily associated with towers.  televisions, radios, and communication equipment.  including insects and rodents. cost of said direct distribution. repair of farm machinery.  Furniture, Fixture, and Appliance Store. A retail establishment offering home furnishings, Garage, Private. An enclosed two-car accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles and recreational vehicles, Garage, Public. A building or portion thereof, except as herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal  fixtures, and appliances to the general public.  owned and used by the owners or tenants of the premises.  use. Facilities for washing may be provided.  Garage, Repair. A building or space for the repair or maintenance of motor vehicles, not Gas Regulator Station. A station used to regulate the flow or pressure of gas in a pipeline. Gift Shop. A shop offering gifts, souvenirs, and associated products for sale. Golf Course, Driving Range. An establishment offering areas for driving of golf balls including  including factory assembly of vehicles, auto wrecking establishments, or junkyards.  "pitch and put!" facilities.  Golf Course, Miniature. An establishment offering facilities for miniature golf.  August 22, 2011  Page 95  City ofTolar, Texas    Article 6-1 Definitions ZONING ORDINANCE private membership.  Golf Course, Private. Grounds and facilities used in the playing of the game golf, for use by Golf Course, Public. Grounds and facilities used in the playing of the game golf, privately Go Cart Track and Other Motor Vehicle Track or Facility. A private, commercial enterprise offering outdoor go-cart tracks to the general public for a fee or charge. A go-cart is a non-licensed motorized low horse power vehicle powered by either a gas or electrical motor to be used for the purpose of entertainment, generally having the capacity of one driverloperator. Does not include remote control  owned but open to the public for at fee and operated as a commercial venture.  vehicles.  Governmental Administration Facility. A building or structure owned, operated, or occupied by Greenhouse or Plant Nursery. An establishment operated for commercial purposes, offering plants grown on premises and off premises and associated products for sale for use in connection with Grocery Store. A retail store primarily engaged in the retail sales of all sorts of canned goods, Group Home for the Disabled or Disadvantaged. A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as As used herein, the term "disabled" shall mean having (1) a physical or mental impairment that substantially limits one or more of the person's major life activities sO that such person is incapable of living independently; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. However, "disabled" shall not include current illegal use of or addiction to controlled substance, nor shall iti include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the disabled" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing Gymnasium. A building or room used for physical education and sports, which may be equipped with gymnastic or other sports related equipment and which may have seating in which spectators may  governmental agency to provide a governmenta service to the public.  home gardening activities.  dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.  possible in order to reach their maximum potential.  facilities serving as an alternative to incarceration.  view sports activities.  Hardware Store. An establishment offering hand tools, small building materials, and associated Health Club, Recreation Facility. An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs  convenience items for sale to the general public.  (athletic, health, or recreational), reducing salons, and weight control establishments.  August 22, 2011  Page 96  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Heliport. A landing facility for rotary wing aircraft subject to regularly scheduled use and may Helistop. A landing pad for occasional and infrequent use by rotary wing aircraft with no fueling Hobby Studio, Private. An accessory activity area, used by the occupants of the premises Home Occupation. An occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof. See Section Hospital. An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff, and  include fueling or servicing facilities for such craft.  facilities.  purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.  29 Home Occupations.  visitors.  Hotel, Motel. A building or portion thereof in which ten or more guest rooms are provided for Junk. The term "junk" is defined to mean, and shall include, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are sO worn, deteriorated or obsolete as to make Kennel. A lot or premises on which four or more dogs, cats or other domestic animals at least four months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which Laboratory, Medical and/or Dental. A facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for Landscape Service. A business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction ofu underground improvements necessary to support or sustain the landscaped surface of the ground.  occupancy for compensation by transient guests.  them unusable in their existing condition, subject to being dismantled forj junk.  remuneration is received.  medical and other technologies.  Laundry, Dry Cleaning Full Service. A retail establishment providing full service laundry and  dry cleaning services to the general public.  August 22, 2011  Page 97  City ofTolar, Texas    Article 6- Definitions ZONING ORDINANCE  Laundry, Dry Cleaning Pickup and Receiving Station. Aretail establishment providing a drop- off and pick-up point for customers to leave wearing apparel or other material in need of laundry and dry  cleaning and pick up ofi items when laundered and/or dry cleaned. launder or dry clean wearing apparel or other materials. charged for the use of book and other media collections.  Laundry, Dry Cleaning Self Service. A retail establishment providing facilities for customers to Library. Buildings and structures open for the general public, for which ai fee may or may not be Lithography or Print Shop. A large commercial printing shop with multiple presses and Locksmith Shop. A shop that specializes in making, selling, and repairing keys, locks, and Lodge, Fraternal, Sorority, and Clubs. An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of  capabilities. associated material.  membership dues, all members having the right to vote on policies and business.  Machine Shop. A shop that manufactures metal products through the use of presses, stamps, Machinery Sales or Repair. A facility for the storage, repair, outside sales, or rental of heavy Manufactured Housing Park or Subdivision. A parcel of land not less than three acres in size developed for rental or sale of lots for the installation for residential uses of HUD Code manufactured Manufactured or Industrialized Housing Sales or Rental. An area devoted to outside sales or rental of HUD-Code manufactured homes or industrialized housing. For off premise residential use only. Manufacturing Facility (Light). A1 facility used for sub-assembly, or assembly of sub-assemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other Meat Market. Aretail facility that offers meat, fish, and poultry products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises. Meat Product Processing. A facility for processing cuts of meat from off-site into finished Medical, Dental, and Optical Retail Sales. An establishment offering prescription and over the Medical, Dental Office. Offices for one or more physicians, surgeons, or dentists engaged in  and dyes.  machinery or equipment.  Housing.  hazards.  products.  counter products for sale.  treating the sick or injured, but noti including rooms for the abiding of patients.  August 22, 2011  Page 98  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Medical Equipment Sales, Rental, and Leasing Service. An establishment including offices, Mini-warehouse. A building or group of buildings in a controlled access and fenced compound consisting of varying sized of individual, compartmentalized, and controlled access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies. Motor Freight Terminal. A facility with the capability of handling a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to Museum. An institution for the collection, display, and distribution of objects of art or science which is sponsored by or owned and operated by the City, a public or quasi-public agency, and which Music Store. An establishment offering music, musical instruments, and other related items for sale to the general public. Such establishment may offer repair services of musical instruments. Nursing Home. A structure used for or occupied by persons recovering from illness or suffering from thei infirmities of old age, including developments containing convalescent or nursing facilities. Office, Business. An office in which chattels or goods, wares, or merchandise are not Office Machine Sales and Service. A shop specializing in the sale and repair of office Office, Professional. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. Including but not limited to insurance broker, public stenographers, real estate broker, stock broker, doctor, dentist, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail Office, Real Estate Development Tract or Field Office. A temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.  stores, and display rooms fort the display, sale, rental, and leasing of medical equipment.  truck and truck to air.  facility is open to the general public.  commercially displayed, created, sold, or exchanged.  machinery.  sales.  Office Supply Store. A store that specializes in office supplies.  Optician Shop. A shop that manufactures optical devices, especially eyeglasses. Park. Public or private land available for recreational, educational, cultural, or aesthetic use. Parking Area. An area for the driving, parking, display, or storage ofr motor vehicles. Parking Lot, Commercial (Auto). A structure or lot devoted to the temporary parking of Parking Lot, Commercial (Truck). A facility for temporary parking of currently commercial  automobiles for ai fee.  licensed trucks in excess of one ton, for ai fee.  August 22, 2011  Page 99  City ofTolar, Texas    Article 6-I Definitions ZONINGORDINANCE  Pawn Shop. A shop specializing in making small loans against personal property or buying used Pet Shop. As shop offering small animals for sale, with associated goods and services. Pharmaceutical Plant. Afacility for the production of drugs for medicine.  personal goods from individuals.  Pharmaceutical Products Manufacturing. A facility for the production of drugs for medicine. Pharmacy. An establishment offering prescription and over the counter pharmaceuticals and Philanthropic andlor Charitable Use. A nonprofit organization supported mainly by charity and Photographic Equipment Sales and Service. A shop that specializes in the sale and repair of Photographic Service. An establishment offering drop off of film for processing and pickup of Plastic Products Manufacturing. A facility for the production of molded products constructed Private Club. An establishment providing social and dining facilities as well as alcoholic beverage service to an association of persons and otherwise falling within the definition of and permitted under the provisions of that portion of Title 3, Chapter 32, VTCA, Alcoholic Beverage Code, as hereafter Public Maintenance Building, Storage Yard. A structure or yard that is used for storage of equipment, materials, or other property and that is owned and maintained by a governmental entity. Public Safety Facility, Police and Fire. A facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations, and training Public Utility. A closely regulated enterprise with a franchise for providing to the public a utility Radio, Television Studio. A facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or pre-recorded Wireless Transmission or Receiving Facility. A structure or structures supporting antennas andlor commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum including wireless communication facilities, but excluding non-commercial antenna installations for home use of radio or television. See Section 35 Wireless Communications Facilities.  other associated products for sale to the public.  whose principal function is the performance of charitable work.  photographic equipment.  developed photographs and related services. out of plastic, fiberglass, or other composite material.  amended and as it pertains to the operation of private clubs.  facilities.  service deemed necessary for the public health, safety, and welfare.  materials for any part oft the radio spectrum for commercial consumption.  Railroad Freight Terminal. A1 facility for the assembly or storage of freight to or from rail cars.  August 22,2011  Page 100  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Recreational Ranch or Farm. An establishment incorporating a variety of rural uses, including sports arenas, rodeo grounds, pavilions, animal stables, and facilities which may be rented for private  parties.  Recreational Vehicle Storage (Commercial). A facility or location which, upon payment of a Recycling Collection Center. A building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those Religious Institution. Facilities in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or propagating a particular form of Rental Store. An establishment that provides equipment and goods for rent by the general public to be used off site. All storage of rental equipment and goods shall be contained within the limits of Rental Yard, Commercial and Heavy Equipment. An establishment that provides heavy equipment for rent to contractors or the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure. Areas reserved for repairs and maintenance of all equipment or Restaurant. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within the  fee, provides for the parking and storage of recreational vehicles.  materials to manufacture new products.  religious belief.  the primary structure.  goods must be within the primary structure.  building. Such use includes cafés, lunch rooms, and tea rooms.  Restaurant, Drive-in / Drive-thru. Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises. Restaurant, Refreshment Stand (Temporary or Seasonal). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building Rodeo Ground I Fair Ground. An outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens, and facilities for the  on a temporary or seasonal basis.  caring and presentation of livestock, and open areai for exhibits and carnival activities. Roominghouse. A building other than a hotel where lodging for three but not more than 12 persons is provided for definite periods for compensation pursuant to previous arrangement. Salvage Yard. An area for salvage of metals, and/or other fabricated products, which may include a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.  August 22, 2011  Page 101  City ofTolar, Texas    Article 6-I Definitions ZONING ORDINANCE  School, Business College. A facility that provides a curriculum limited to the teaching of office School, College or University. An academic institution of higher learning, accredited or recognized by the State, and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. Including junior and senior colleges, universities, conservatories  and business practices and skills.  and seminaries.  School, Commercial Instruction. A facility that instructs and trains students in the arts, such as ofr music, dance, gymnastics, or martial arts, and is primarily operated on a commercial basis. School, Commercial Trade. Al business organized to operate for a profit and offering instruction and training in at trade such as welding, brick laying, machinery operation, and similar manual trades. School, Home. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the  housekeeping activities of ai family.  School, Home Day. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than 6 unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given  time.  School, Institution, Rehabilitation, and Training Center. A facility that provides rehabilitation and training operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis. School, Nursery. An establishment providing for the care, supervision, and protection of School, Primary or Secondary. A public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high  children.  schools, and high schools.  School, Vocational. A secondary or higher education facility primarily teaching usable skills that prepare students forj jobs in a trade and meeting the state requirements of a vocational facility. Shoe Repair. An establishment offering shoe repair service to the general public. Sign Shop, Painted or Silkscreened. A retail business offering signs and banners for sale. Skating Rink. An establishment that provides facilities for participant ice or roller skating. Stable, Commercial. A building designed for the keeping of horses or mules used for pleasure Stable, Private. A building designed for the keeping of horses or mules owned by the occupants  riding or driving, for boarding, or for hire, including a riding track. oft the premises and not kept for remuneration, hire, or sale.  August 22, 2011  Page 102  City ofTolar, Texas    Article6 Definitions ZONING ORDINANCE  Stockyard. An area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling Stone Monument Sales. A retail establishment offering for sale stone monuments produced off- Storage and Warehousing Establishment. A facility that is constructed such that large quantities of products or goods may be stored for extended periods of time. Said facility may be equipped with loading ramps and docks that facilitate the loading and off-loading of semi-trailer vehicles. Storage Yard. Facilities to store any equipment, machinery, building materials, or commodities, Studio. A facility for professional work or teaching of any form of commercial or fine arts, Swimming Pool, Water Park, Commercial. A swimming pool and accessory facilities, not part of the municipal or public recreation system, and not a private swim club, but where the facilities are Swimming Pool, Private. A swimming pool and accessory facilities constructed for the Tattoo Parlor/Body Piercing Studio. An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a  ofl large quantities of livestock. premises, excluding cutting of slabs.  including raw, semi-finished, and finished materials outside at ground level.  photography, music, drama, dance, but noti including commercial gymnasium or dance hall.  available to the general public for ai fee.  exclusive use oft the proprietor, when located in other than the minimum front yard.  person for the purpose of inserting jewelry or other decoration.  Taxidermist Studio. A retail establishment offering for sale to the public the products produced  by at taxidermist at a separate location.  Taxidermist Shop. An establishment offering the services of taxidermy.  Telephone Exchange, Switching, or Relay. A facility for the exchange, switching, relaying, or transmission of telephone services, not including public office facilities, storage, or repair facilities. Textile Manufacturing. Includes knitting, weaving, printing, and finishing of textiles and fibers Theater, Indoor Motion Picture. An establishment offering motion pictures for viewing by the Tobacco Shop. A retail establishment offering for sale to the public tobacco products and Utility Building and Structures. Operations such as power substations, water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as pump and lift  into fabric goods public. accessories. stations.  August 22, 2011  Page 103  City ofTolar, Texas    Article 6- Definitions ZONING ORDINANCE  Veterinary Hospital with Outside Pens. An office and clinic of a doctor of veterinary medicine Veterinary Hospital without Outside Pens. An office and clinic of a doctor of veterinary Veterinarian Office, Large Animal Practice. The offices of a doctor of veterinary medicine with on site treatment of large domestic animals, which may consist of livestock and/or other farm animals and Veterinarian Office, Small Animal Practice. The offices of a doctor of veterinary medicine with on site treatment of small domestic animals, which consist primarily of household pets and animals that Video /Game Rental. A commercial establishment that provides as a service a library of video Watch andlor Jewelry Sales and Repair. An establishment offering watches and jewelry for Warehousing and Freight Office and Storage. A use engaged in storage, wholesale sales, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive  for small domestic animal practice including outside treatment pens. medicine for small domestic animal practice, without outside treatment pens.  may include outside treatment pens, shelters, or barns.  are not sheltered in pens or barns (excluding dog runs and pens).  movies and video games which may be rented on a short term basis and returned for reuse. sale to the public, and offering repair services forj jewelry, watches, and similar items.  conditions.  Welding or Machine Shop. A facility for the machining and welding of metals, not including  forging or structural welding. 48.3 SIGNAGE. DEFINITIONS.  For the purposes oft this section, the following definitions shall apply:  Area of Sign. The total area within the extreme rectangular perimeter of the attraction area intended to draw attention to the sign. Supporting structures shall not be included in calculations. The area of the sign with two faces, approximately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the panes of the opposing faces exceeds 30 degrees, the total area of both faces shall be considered the sign area. For multisided or circular signs, the calculation shall include Awning. An architectural projection which provides weather protection, identity, or decoration, and is supported by the building to which iti is attached. Itis composed of al lightweight rigid or retractable skeleton structure over which another cover is attached, which may be of fabric or other material. Such sign may be raised or retracted to a position against the building, and may be illuminated. Banner. A sign made of paper, plastic, or fabric, with or without a frame, containing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric. Banner does not include ai flag. Billboard. A sign which directs attention to a business, person, organization, activity, event, place, commodity, product, or service conducted, sold, or offered at a location other than the premises on  all of the projected area.  which the sign is located.  August 22, 2011  Page 104  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Builders directional sign. A temporary sign which provides direction or instruction to guide Canopy. A structure made of metal or other material with a frame supported by either one or Construction sign. A temporary sign identifying individuals or companies involved in design, construction, wrecking, financing, or improvements of the premises where work is under construction. Directory sign. A sign which indicates the name and/or address of the tenants or occupants, the address of the premises, and/or identification of any business or occupation which may exist on the External illumination. Illumination of a sign by an artificial source of light which is not contained Flag. Any fabric containing distinctive color, pattern, or symbols, used as a symbol of a government, political subdivision, non-profit organization, or corporation that is flown from flagpoles. Flashing sign. An illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when the sign is illuminated. For the purpose of this ordinance, any moving illuminated sign affected by intermittent lighting shall be deemed to be a Gross surface area. The area of the smallest rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentation, or other fixtures, material, or color forming part of the sign. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports become enclosed for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. Gross surface area shall be measured on one side only of a two faced (back to back) sign carrying the same image and message on both faces. Two faced signs carrying different messages and images on each side shall be considered  persons to sites where new! homes are under construction, usually off-premise. more columns or the building to which iti is accessory, and is open on two or more sides.  premises. within the sign itself.  flashing sign.  as separate signs.  Ground sign. A sign not wholly supported on a building, or which has its main supporting llluminated sign. A sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes, or other means that are specifically placed to draw attention to, or provide night Illumination, external. Lighting by means of an unshielded light source (including neon tubing) Illumination, internal. Lighting by means of a light which is within a sign having translucent background, silhouetting opaque letters or designs, on which letters or designs are placed, which are Incidental signs. Small signs of a non-commercial nature, intended primarily for convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to  structure depending on the ground for attachment.  time viewing of, the subject matter on the sign face. which is effectively visible as an external part oft the sign.  themselves made oft translucent material.  buildings, directions, help wanted, public telephones, and sO forth.  August 22, 2011  Page 105  City ofTolar, Texas    Article 6-1 Definitions ZONING ORDINANCE  Inflatable sign. Any display capable of being expanded by air or other gas and used on a Instructional sign. A sign limited to directional messages, principally for pedestrian and Logo. Any design or insignia of an organization, individual, company, or product which is Marquee. Any hood or awning or permanent construction projecting from the wall of a building or Menu board. As sign displaying the menu for a drive-up window for at food establishment. Monument sign. A permanent ground sign generally constructed out of brick, stone, or cast Moving sign. A sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the movement of parts or through the impression of movement, including automatic electronically Nameplate sign. An on-premise non-illuminated sign identifying only the name, address, and/or Off-premise sign. A sign which directs attention to a business, person, organization, activity, event, place, commodity, product or service not conducted, sold, or offered upon the premise on which On-premise sign. A sign which promotes or advertises a business, person, organization, activity, event, place, commodity, product, or service which is conducted, sold, or offered upon the Pennant. A wind device usually made of lightweight plastic, fabric, or other material whether or Permanent sign. A sign which is fixed in nature that is erected, affixed, or maintained on a Pole sign (also called pylon sign). Ai freestanding ground sign supported by one or more poles columns, uprights, or braces placed in or upon the ground and having no guys or braces to the ground or Political sign. A temporary sign pertaining to any national, state, county, or local election that Portable sign. Any temporary sign supported by the ground but not attached to the ground, which can be regularly moved from a location at periodic intervals, and which is located upon the premises where the business, profession, activity, commodity, service, or entertainment referred to by the  permanent or temporary basis to advertise a product or event. vehicular traffic, such as one-way, entrance, and exit.  commonly used in advertising to identify that organization, individual, company, or product.  other structure containing either permanent or changeable advertising.  concrete supported on a concrete foundation across the entire base of the structure.  controlled copy changes, but noti including flags, banners, or pennants. profession oft the occupant oft the premises on which the sign is located.  the sign is located.  premise where the sign is located.  not containing a message of any kind, usually triangular in shape and attached to a single cord. premises for a period of time which is regulated by Table 1, Schedule for Permanent Signs.  toa any other structure.  supports or opposes an announced candidate, political party, or issue of political significance.  signi is located. The term' "portable sign" shall include the following:  August 22, 2011  Page 106  City ofTolar, Texas    Article6 Definitions ZONING ORDINANCE  A. A sign which is mounted on a trailer or wheels or is part of at trailer and by its design can be towed from one location to another by the use of attached wheels or by attaching an axle to  existing mounts; B. An" "A-frame" type sign;  C. Asign affixed by pole or poles to a portable base made of wood, metal, or concrete; D. Asign suspended or attached to a stand with an inverted' "T" base; and be easily extracted from said sleeve by simply lifting or removing bolts.  E. Any sign that the base is inserted into a sleeve mounted or driven into the ground which can Premises. Al lot or tract, or a combination of contiguous lots or unplatted tracts ift the lots or tracts or combination are under a single ownership and are reflected in the plat or deed records of Hood Projecting Sign. A sign suspended from a building or structure and projecting out there from  County. Multi-tenant locations shall be considered as being one premises.  more than one Foot.  Pylon sign. See pole sign.  Qualified Street Frontage. The width of property along the street of a commercial or industrial Reader board sign. A sign comprised of non-permanent letters, numerals, or symbols which may be changed by adding, removing, or rearranging the letters, numerals, or symbols, either manually or Real estate sign. A sign relating to the sale, lease, or rental of the premises upon which such a Roof sign. A sign mounted upon, against, or directly above the roof or parapet line of a building or structure, or that is wholly dependent upon a building for support and that projects above the top walk or edge of al building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the  development which bears the address of the property.  electronically. sign is placed.  deck line of al building with at mansard roof.  Search light. A large outdoor lighting apparatus used to attract attention to a business or a Secondary sign. A sign located on premise identifying individual uses in a mixed use multi- Sight triangle. An area of unobstructed visibility on either corner of a street and/or driveway of at Sign. Any name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light, or insignia, lluminated or non-lluminated, affixed directly or indirectly to or upon any building, window, door, or outdoor structure, which is visible to the general public and calls attention to any business, person, organization, event, commodity, object, product, service, place, or activity,  specific location.  tenant commercial shopping center. least 25 feet in any direction.  including any permanently installed or situated merchandise or facsimile.  August 22, 2011  Page 107  City ofTolar, Texas    Article 6-1 Definitions ZONING ORDINANCE  Street grade. The average elevation of the projected corners of a property, adjacent to a dedicated street right-of-way or roadway easement, the elevation of the corners being measured at the  top oft the curb, or the centerline of the street if no curb is present.  Temporary event. An event such as a' "grand opening," or a "going out of business sale" which Temporary sign. A non-permanent sign designed or intended to be displayed for a short period of time erected, affixed, or maintained on a premises and regulated by Table 2, Schedule for Temporary  lasts for a period oft time not to exceed 60 days  Signs. Trailer and portable signs are classified as temporary signs.  Wall Sign An attached sign painted on awall or affixed paraliel tot the exterior wall surface ofal building. Lighted Awning Asignt thati is on anawning (withor withoutlighting)  Roof Sign Any attacheds sign supported by ther roof ofal buildings or placed abovet the: apparent flat roof or eaves ofa abuilding.  Proj Anatt byat thane 12"fre  Pole or Pylon Sign Afreestanding sign supported Sign byapoleor poles  ROOF SIGN  Canopy Sign area cover Canopysign PORTBIE SIY  Vehicle Sign POle prPylon isons Ans attached: a canopy signt or that  As sign attachedto amovable vehidle  Sign  WALL SIGNI  monument Sign  Portable Sign Atemporarys sign,which can ber moved  Apermanents Naméplate! sign Sign affixedt to ll hasila  Monument Slan.  Vehicular sign. Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of company vehicle that advertises only the company name, address, and/or logo, or temporary signs (with Wall sign. A sign attached or affixed to an exterior wall of a building or structure or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to the exterior building wall to which it is attached or by which it is supported and not extending more than 12 inches from said wall. A wall sign shall not extent above the wall or parapet to which the sign is attached. For the purpose of this section, awnings, canopy fascias, mansards extending along al building  an area less than 31 feet) attached to vehicles which may be removed daily.  side shall be considered a part of the wall.  Warning sign. A sign containing no advertising material, warning the public of the existence of  danger.  August 22, 2011  Page 108  City ofTolar, Texas    Article6 - Definitions ZONING ORDINANCE  Window sign. A sign attached to, placed upon, or painted on the exterior or interior of a window Yard sign. Any sign of a temporary nature other than a development, real estate, builders or construction sign, which includes the advertisement of a service which has been performed on premise,  or door of al building, which is intended for public viewing from the exterior of such building.  oro construction/repair that has been performed on premises. 48.4 WIFELESS-COMMUNSATIONSFACITES: DEFINITIONS..  The following definitions shall apply.  Antenna: A device used in communications which transmits or receives radio signals. Antenna, building attached: Antenna attached to existing structures in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such  as water tanks, billboards, church steeples, electrical transmission towers, etc. thereon, along with an associated and necessary equipment building.  Antenna facility: A building or independent support structure and the antennas mounted Antenna, microwave: Also known as "dish" antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when  compared to other forms of transmission. approximately six square feet in size.  Antenna, panel: Also know as 'directional" antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antenna are typically flat, rectangular devices Antenna, whip: Also know as "omnidirectional. antenna". Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and eighteen feet in height. They are used to emit signals in a 360 degree horizontal plane and a compressed vertical plane.  Co-location: The act of locating wireless communications equipment from more than one Equipment storage: A small unmanned, single story equipment building less than 500 square Monopole: An antenna facility composed of a single spire used to support communications Lattice tower: A tower having three or four support steel legs and holding a variety of antennas. Satellite receive-only antenna: An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite  provider on a single antenna facility.  feet in size used to house radio transmitters and related equipment.  equipment. Noguy wires are used or permitted.  These towers range from 60 to 200 feet in height and can accommodate a variety of users.  earth station antenna.  August 22, 2011  Page 109  City ofTolar, Texas    Article 6-I Definitions ZONING ORDINANCE  Stealth Facility: An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities  that are constructed to blend into the surrounding environment  August 22, 2011  Page 110  City ofTolar," Texas