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Ord 1332 04/27/2021 Atch 3 I 4. Refine the Mixed-Use Concept Plan into a detailed site development plan. " Mixed Use Diagram 2: Context Plan (Surrounding Land Uses and Roads) -- Comm�rrc!alt `~ _ --.`--^.--.�-:z..^..,�-_mar�.-w..-« .. .. Colleclor Street { Cornn�er�s�t' %' t I 9 ICY r l O�flce 1 ay� CoQ�a l s o� i A Conimomiplf Office - I►i �( 4-1-ane"Barkway ...._...._.._.. ._.. i Y . SCALEJNFEET Mixed Use,Diagram 3: Proposed Mixed Use Plan (Land Use Mix,Acreage and.Square Footage) The below information shall be provided to support. and define the Mixed-Use. Concept . Plan - SrfeAiea 36.5"acres Zoning Mixed Use Commercial Center(Mu-CC) Floor Area Ratio 3.9 Residential DensN 9,87 uni'Llacre(148 units on 15 acres of resldenfial area) Beadings bY.' Uses ;,; > z Gross Square Feet —Residential Unifs TFloor Area.::, _ A GrocervlRetail 72,000 B Restaurant 13.800' C(2--tory) Commercial/Office 178,400 D Neighborhood Commercial 48,500 SubtofatNonresideritial ,312:700 E 2-storyUve/Work 57.600 32 F 2-s Town House 177,660 94 G. Duplex 22,000 22 Subtolal Reisidential' 257 260 148 -,Total �569 960 Parka ng Spaoeb Required` Spooes Provided Off-sheet Non Residential 1042 1528 (shared) @1 GP/300 GSF Residential 296 323 (dedicated) @2 sp/unit Onv-treet 188 Total:, r 1;338 2039 Off-sheet Parking Ratio for 49„paces/1000 GSF Nonresidenfiat:U es. or`1,space1205"GSF' Mixed Use Diagram 4: Detailed Site Development Plan ( g ti 42 1f 1 l w L �t i tL{ r_ 4t t -f:01P 3@i( - Ot&cr p r t 3 4 two t - it C���j�;�'�'s• (:�- r4:�°urJv t`i:' - e�i(t,d f t rc 0 t .*� ZF*'S+' � 1➢S;� .-c��t' .. fit' .. - . `'Lhc.2ur �S liml..11� __ J1 G'i•�, ,4 ' £ t{ .. 00 1: ? •r ® a Office 1 " .. �� �f i F�� A I.rc I .G Ci a'•''-�^T}Y-� k. .. .. - dl�fj,t - fig �,�.. Cvfi1J ti; R, _ A� r,.;..,-;•Yrs r ,3 d t I r•,.11 `r•, .. 0'• M 7W' 467 Mixed Use Diagram 5: Example of a Mixed-Use Regional Employment Center(MURE) Concept ------------- t in ' Ofi s Of{xe ` v {y] F j1 1 i -y ♦ aoi.y t I� f,,; y :tea G 4.7.4.4 Old Town Mixed Use Overlay District Regulations The Old Town Mixed Use Overlay District(OT) is intended to provide performance standards that direct the redevelopment of properties within the district. The focus of the performance,standards is to limit-specific impacts to adjacent properties, while enabling flexibility in planning to the developing owner.: Transition of use, buffering, and internal circulation are emphasized. Where these standards conflict with other standards or regulations of this or other City Ordinances, or with private restrictive covenants, the more exibl standards�W Ej�apply. 4.7.4.4.1 Permitted Uses The uses of the underlying zoning district from the official City zoning map, as amended; are permitted, to the extent that all applicable:performahce standards of this section are met. In addition to the permitted uses of the underlying district, the following uses are permitted within the OT district boundary: 1. Single-family residential, provided that this use takes access from a local public street.- 2. treet:2. Attached residential uses(Upper-story or behind primary structure)are permitted, provided that the residential use is clearly secondary to the primary commercial (C-2) use, the attached residential is not visible from right-of-way and the gross floor"area of the entire structure does not include more than" [ft (50%) ercen residential uses. 3. Institutional uses such as, but not limited to parks, government offices, churches, schools, technical schools, hospitals shall be permitted. 4. Townhouse residential, condominium residential and duplex residential to 12 units"per acre development density is permitted subject to the granting of a Conditional Use Permit, per the CUP requirements of Article 3 and 4.3.2 of this UDC. 5. Hotel/Motel (Bed and Breakfast) are permitted subject to the granting of a CUP. 4.7.4.4.2 Performance Standards. Any use permitted within the base district of the Old Town Overlay District, oras permitted above, shall conform to the following performance standards: A.Lighting and Glare: No use or operation shall be. located or conducted so as to produce intense glare or direct illumination across the bounding property, line from a visible source of illumination nor-shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. B. Open Storage: No open storage of materials or commodities, or equipment shall be permitted except as an.accessory use to a main use which is located in a building. No open storage operation or refuse disposal containers shall be located in the front of the main building and no storage use shall constitute a wrecking,junk, or salvage yard. All open storage areas and refuse disposal containers shall be screened from view of the public by a fence or wall-(minimum:height 0 (61) feet,- maximum height M (81) feet), and shrubs, trees or other landscaping as approved. by the Building Official; and no allowed open storage shall extend above the specified screening fence or wall. A Dust Control Plan, demonstrating compliance with the Environmental Performance Standards of this UDC, shall be required for any outdoor storage areas. C. Parking. Off-street parking shall meet the standards of the UDC. However, shared parking may be utilized within the Old Town Overlay district provided a Shared Parking Study is prepared and submitted with the Site . Plan Application that clearly demonstrates the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking.turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off- 'street parking spaces. Old Town parking standards may be further relaxed if a public parking facility is located within 500 feet of the proposed use. In addition to the above, any development proposed within the Old Town Overlay District may be offered a possible percentage reduction to off-street parking requirements, where no shared parking exists. Percentage reduction may be offered per City Manager or designee;subject to a Pre-Development meeting . with staff and exhausting any shared parking alternatives. D: Internal Circulation and Connectivity. _ The site plan shall provide for a logical system of internal circulation which minimizes access to adjacent arterial streets. Street, driveway and alley connectivity shall be provided to all adjacent non-residential properties, regardless if the existing adjacent tractsoffer a receiving connection point. Pedestrian connectivity (i.e. sidewalks) shall be provided to adjacent tracts, regardless if the existing adjacent-tracts provide a connection point. E: Setbacks.. Front yard setbacks may be reduced to the average front yard setback of existing buildings on the same side of the street block. Building separation must be maintained pursuant to the Fire Code. . F. Maximum Lot Coverage. The maximum allowable impervious covermay be increased by way of a waiver request to-95%, if storm water management facilities are available to mitigate increased peak runoff, or adequate conveyance is provided consistent with:adopted drainage criteria. This waiver may be granted at the discretion of the City Manager, upon consultation with the City Engineer. G. Buffering. A buffer yard is required:where a non-residential use is adjacent to any residential use. The buffer yard must consist of one of the following options: 1. Ae®:(10') foot wide planting with an average of two evergreen trees for each dit (50) linear feet of buffer yard, spaced no more than [hi (30)feet apart to provide additional screening above the wall. In addition, this option requires a solid a (61)foot screening wall constructed of brick, stone, reinforced concrete or other similar two-sided masonry materials; or 2. A JM (301) foot wide planting with a berm at least three 0 feet tall,and eight 8a feet wide, with an average of.two 0 deciduous shrubs and two •2, evergreen shrubs at the top of the berm per ft (50) linear feet. H. Building Design. Buildings in the Old Town, shall be governed by the following standards: 1. Modifications to the exterior fagade(s) of any existing building shall first be approved by the City subject to a finding that the proposed design, fenestration; (windows), height, color palette and, encouraged exterior building materials are consistent with surrounding buildings and general design themes of the Old Town. 2. All new buildings in the Old Town shall incorporate a design, height, fenestration (windows)- and color palette and ehGa gaged exteri^r la iildi^^ material that arecohesive with those on surrounding buildings and are consistent with the general design theme of the Old Town. 3. Building design shall preserve or enhance the historical fabric, character, pedestrian scale and architecture of Old Town Cibolo and shall be context sensitive. 4. Residential development shall be consistent with the scale, height;- extepi^r b iilr7i design, colors, roof pitches, setbacks and related characteristics of surrounding residences and consistent with the general Old Town style. 5. Exterior Building Materials t is encoura ed that II primary and accessory non-residential buildings constructed.in the Old Town shall have all exterior walls clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred (100%) percent of the wall area, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers..However additional building accents such as decorative metal, clay and/or concrete tiles, standing seam metal, exterior insulation finish- system (EIFS)i decorative cast stone, and block glass are permitted such as they do not exceed- fifteen (15%) percent of the total exterior wall surface area (Reference UDC Appendix C). If.encouraged exterior building materials are used, developer may be granted a total of 25% in reductions to items such as but not limited to: landscaping, buffering and/or.parking for overall development. 6. No building (Commercial or Residential) in the Old Town Overlay shall exceed ort -fiv (451) feet in height. 7. Building Colors a) Primary.exterior wall colors shall be compatible with the colors of buildings on surrounding properties. b) Where no surrounding color pallet exists, primary building colors should be earth tones and other colors typical for South Central Texas. City Council has.approved exterior colors based on the Sherwin Williams Historic Color Palette - https://www.sherwin williams:com/homeowners/color/find-and-explore-colors/paint-colors-by family#/section/historic found in UDC Appendix A. Fluorescent colors are prohibited. Colors used on roof materials are encouraged to contrast exterior building colors. I. Creation of a Unified Activity Center and Central City Focal Point The Old Town and Town Center Overlays districts are located at the confluence of existing and proposed regional streets, proposed bicycle pathways, proposed linear park and existing creeks, floodplains and drainage networks. For that reason, the City,when reviewing projects in these districts, will have the right to impose conditions of approval that will ensure that the Old Town and Town Center Overlays function as two halves of unified Activity Center and that creates a single integrated core City environment that integrates all of the existing and proposed streets, park, bike ways, floodplains and drainage networks into forms that will maintain the viability of Old Town Cibolo for residential development, result in an expansion of residential, commercial and institutional opportunities east of Town Creek, the maintenance and design floodplains and drainage systems into forms that results in conservation; parks and recreation opportunities and creating,transportation networks that integrate the Old Town and Town Center areas with existing development and linear park north of FM 1103 and emerging development south of FM 78. J. Elements of Section 4.7.4.5 (MORE) of this Article of the UDC were written to be applicable to all Mixed -Use districts of Cibolo. Specifically all of the general land use, transportation planning concepts, principals and general design guidelines described in Section 4.7.4:6 Subsections D.3 (a-h), DA, D.7, D-10 and Subiects G-O shall be applicable to the Old Town and Town Center Overlay districts. 4.7.4.4.3 Approval Process. 1. For individual commercial or residential lots less than one (1) acre in area, a site plan shall,be submitted demonstrating compliance with the requirements of this _overlay district for City staff approval. 2. For commercial or residential projectst o greater than one(1)acre.in area but less than three(3) acres in area, a Mixed Use Concept-Plan, as described in the MURE district of this UDC, shall be submitted demonstrating compliance with the requirements of this overlay district for City Planner approval. All transitional and contextual requirements and standards of the;MURE district shall be applicable. The City Planner shall have the prerogative to refer the Mixed-Use Concept Plan to the Planning and Zoning Commission for review and approval. if the Mixed-Use Concept Plan Is denied by the Commission, the applicant may-appeal the decision to the City Council. 3. For any commercial or residential projects M greater than three (3) acre in area, a Mixed Use Concept Plan, as described in the MURE district of this UDC, shall be submitted demonstrating compliance with the requirements of this.overlay district for Commission review and City Council approval. All transitional and contextual requirements and standards of the.MURE district shall be applicable. The Mixed-Use Concept Plan must be reviewed by the Planning and Zoning Commission and considered for approval by City Council. Mixed Use Diagram 6: Example of a"Mock" Old Town Cibolo Redevelopment Concept that Shows Sensitivity to Existing Single-Family Residences single family houses oil work 'ii- office retail ar IKdI.` /F.� restaurant corn arcial � `� 1 ;^" Wit;• �,�-'-;��:�r'�i--�"�� =:�.:°�-- �=•- but,10, 4.7:4.5 FM 78 Mixed Use Overlay District Regulations The FM 78 Mixed Use Overlay (FM 78) district is intended to provide for the'development of the area adjacent to FM 78, as defined on the Official Zoning Map. The further:intent of this overlay district is to preserve the scale, dimension and proportion of.the existing development while facilitating retail and civic . uses and diversity of residential offerings. .4:7.4.5.1 Permitted and Prohibited Uses A. All uses described in the MURE district shall be permitted in this mixed use district, with the exception of uses permitted solely in the 1-1 and 1-2 districts.and any expressly prohibited MURE use; subject to all of the performance standards, guidelines and standards of the MURE district; including: setbacks, building height, buffers and transitional standards. In addition to the permitted uses of the underlying district, the-following:uses are permitted within the FM 78 District boundary: 1. Townhouse,: apartment and condominium residential development as well as additional uses permitted within MF-1 and MF-2 zoning may be permitted in this overlay district only subject to the granting of a Conditional Use Permit(CUP)by City Council in accordance with all of the Conditional Use Permit procedural requirements specified in Article 3 and 4.3.2 of this UDC. 2. Vertical Mixed Use: Upper-story residential use is permitted, provided that.the ground level of the building is occupied by non-residential uses, and subject to the granting of a Conditional Use Permit for said residential uses as described in Section 4.7.4.5.1.A of this UDC. B. The following uses are.expressly prohibited: sexually oriented businesses, min kwarehouse:storage, general outdoor storage, kennels, pawn shops, surplus sales, outdoor advertising signs (billboards) or any specifically proposed use that the City Council may consider as being inconsistent with creating a positive image of the City and FM 78 Overlay district. 4.7.4.5.2 Performance Standards. Any use permitted within the base, district of the FM 78 Overlay District;shall adhere,to all performance standards described in the MURE district. A. Parking. 1. Off-street parking shall meet the standards defined in Article 10 of this UDC, except as modified by the performance standards of the MURE district. 2. Internal Circulation and Connectivity a) The Mixed-Use Concept Plan shall provide for a logical system of internal circulation which. minimizes access to adjacent arterial streets. Driveway or alley connectivity shall be provided to all adjacent non-residential properties, regardless if the existing adjacent tracts offer a receiving connection point. Pedestrian connectivity shall be provided to adjacent tracts, regardless if the existing adjacent tracts provide a connection' point. .AII MURE circulation and connectivity standards are applicable. 3. Elements of Section 4.7.4.3 (MURE) of this Article of the UDC were written to be applicable to all Mixed-Use districts of Cibolo. Specifically all of the general land use, transportation planning concepts, principals and general design guidelines described in Section 4:7.4.3 Subsections D.3 (a-h), DA, D:7;D-10 and Section 4.7:4.3 Subsections G-O shall be applicable to the FM 78 Overlay district. -4.7.4.5.3 Approval Process. A. A Mixed-Use Concept Plan, as described in the MURE district, shall be submitted demonstrating compliance with the requirements of this overlay district for Commission review and City Council approval.All MURE district transitional and contextual requirements and standards shall be applicable. The Mixed-Use Concept Plan-must be reviewed by the Commission and approved by City Council. Mixed Use Diagram 6: Example of a Commercial/High Density Residential Concept a 0 ' p 4.7.4.6 Town Center Mixed Use Overlay (TC) District Regulations The Town Center Mixed Use Overlay (TC) District, adopted per Ordinance 804 in 2007, is intended to provide performance standards that direct the development of properties within the district in a form similar to Old Town Cibolo, with residential, duplex, retail, services, office and institutional uses. The focus of the performance standards is to limit specific impacts to adjacent properties,while enabling flexibility in planning to the developing.owner.Transition of use, buffering; and internal circulation are emphasized. Where these standards conflict with other standards or regulations of this or other City Ordinances, or with private restrictive covenants, the more restrictive standard shall apply. 4.7.4.6.1 Permitted Uses 1. The permitted use section of the C-2 district and Old Town Mixed Use Overlay district shall govern the uses permitted by right and by CUP in the TC district. 2. Uses permitted in.the C-3 zoning district shall not be permitted by right, but may be permitted upon City Council approval of "a Mixed Use Concept Plan that demonstrates that,C-3 uses are. appropriate based on factors such as, but not limited to the location of property-adjacent to a railroad right-of-way, adjacent to a proposed TxDOT right-of-way or at a location adjacent to any street depicted on the Future Thoroughfare Plan; subject to an applicant demonstrating.that C-3 uses will be cited in a manner with appropriate transitions, as described in.the MU RE district in this Article,to transition C-3 development to other existing or proposed land uses in the C-2/TC Overlay districts. The City Council reserves the right to deny any request for C-3 uses that is not consistent with the purpose.of the TC district. 3. Prohibited Uses The following uses are expressly prohibited:. sexually oriented businesses, mini-warehouse storage; general outdoor storage, kennels, pawn shops, surplus sales, convenience stores, gasoline service stations, automobile related uses, outdoor advertising signs (billboards) or any other C-3 use that.the City Council may consider as being inconsistent with.creating a_ positive image of the City and Town Center Overlay district. 4. Appeals Any use that is not expressly listed as a prohibited use that is denied by staff can be appealed to the-Planning and Zoning Commission and City Council in. accordance with the procedural. requirements of this UDC and the Fee Schedule for Administrative Appeals. 4.7.4.6.2 Performance Standards. .All performance standards in C-2 district and those described in the OT district. shall be -applicable. In addition, the following standards shall be applicable: 1. Creation of a Unified Activity Center and Central Regional Focal Point The Old Town and Town Center Overlay districts, are located at the confluence of existing and proposed regional streets, proposed bicycle pathways, proposed linear park and existing creeks, floodplains and drainage networks.Accordingly,the City,when reviewing projects in these districts, may impose conditions of approval to ensure that the Old Town and Town.Center Overlays function as two halves .of a unified Activity Center to create a single integrated core City setting that integrates existing.and proposed streets, linear parks, bike ways, floodplains and drainage networks into forms that will maintain the viability of Old Town Cibolo for residential development, result in an'expansioh of residential, commercial and institutional.opportunities east of Town Creek, the maintenance and design floodplains and drainage systems into forms that result -in conservation, park and recreation opportunities and a unified transportation network that:integrate - Old Town and Town Center withexisting streets and parks.north of FM 1103 and new development south of FM 78. 2. Elements of Section 4.7.4.3 (MURE) of this Article of the UDC were written to be applicable to all Mixed-Use districts of Cibolo. Specifically all of the general land use,,transportation planning concepts, principals and general design guidelines described in Section 4.7:4.3 Subsections D.3 (a-h), D.4, D.7. D-10 and Subjects G-O shall be applicable to the Old Town and Town Center Overlay districts. 4.7.4.6.3 Approval Process 1. For any commercial or residential projects, a Mixed-Use Concept Plan, as described in the MURE district of this UDC; shall be submitted demonstrating compliance with the requirements of this overlay district for P fan< Z review and City Council approval. All transitional and contextual requirements and standards of the MURE district shall be applicable.The Mixed-Use Concept Plan must be reviewed by the P pan`' Z and approved by City Council. Mixed Use Diagram 7: Prototypical Town Center Concept V y Cdlectt� .�J � a RAW Sm�a3 i4 �Qf�lca.� Article 5. Nonconforming Uses and Structures Section 5.1 Intent of Provisions 5.1.1 Intent and Definition A. Continuance. Within the districts established by this UDC or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Code was enacted, amended or otherwise made applicable to such lots,.structures:or uses, but which do not now conform to the regulations of the district in which they are located.-it is the intent of this Code to.allow continuance of such nonconforming uses, as long as the.standards within this article are met. B. Expansions/Enlargements. Nonconforming uses or structures shall not be enlarged, expanded or extended; and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. C. Incompatibility. Nonconforming uses.are hereby.declared.to be incompatible.with the permitted uses in the districts involved. D: Construction Underway. Nothing contained herein shall be construed to require: 1. Any change in the overall plans, construction or designated use of.any structure or part thereof where official approval and the required building permits were granted before the enactment of this . UDC; 2. Any amendment thereto where the construction thereof, conforming with such plans, shall have been::started prior.to the.effective .date of this UDC or such amendment;. and where .such .. construction shat(have been completed in.a normal manner within a six(6)-month period following .the effective date of this UDC with.no interruption except for reasons beyond.the builders'control. 5.1.2 Classification of Nonconformities. . 5.1.2.1 Nonconforming Use A. Criteria. Any use that does not conform to the. regulations of this Code on the effective date hereof or any amendment hereto shall be deemed a nonconforming use provided that: 1. .Such use was in existence under and in compliance with provisions of the immediately prior UDC; or .. 2. Such use was a lawful, nonconforming use under the immediately prior UDC; or 3., Such.use was inexistence at the time of annexation into.the.City and was a legal use of-the land at such time and has been in regular and continuous use since such time. B. Conformance to a Zoning District. Any other use that does not conform to the regulations of the Zoning District in which it is located on the effective date of this UDC or any amendment hereto shall be.deemed to be in violation of this UDC, and the.City shall be entitled to enforce fully the terms of this UDC with respect to such use. C. Proving a Legal Nonconformity. It shall be the property owner's responsibility to provide information to the City that the property represents a legal nonconforming use or structure, granting the property owner rights to use and enjoy their property as a legal conformity as outlined within this article. 5.1.2:2-Nonconforming Structure -A. Criteria. Any structure that does not conform to the regulations of this UDC on the effective date hereof or any amendment hereto shall be deemed A nonconforming structure provided that:. 1. Such structure was in existence under and in compliance with provisions of the immediately,prior UDC; or 2. Such structure was a lawful, nonconforming structure under the immediately prior UDC regulations; or 3. Such structure was in existence,at the time of annexation into the City, and was a legal structure at such time, and has been in regular and continuous use since such time. B. -Conformance to a Zoning District. Any other structure that does not conform to the regulations of the Zoning District in which it is located, on the effective date of this UDC or any amendment hereto shall be deemed'to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such structure. C. Proving a Legal Nonconformity. It shall be the property owner's responsibility to provide information to the City that the property represents a legal nonconforming use or structure, granting the-property owner rights to use and enjoy their property as a legal conformity as outlined within this article. 5.1.2.3 Nonconforming Lot A. Criteria. Any platted lot that does not conform with the regulations of this UDC on the effective date hereof or _ any amendment hereto, except as expressly provided in subsection (C) below, shall be deemed a nonconforming platted lot_provided that: 1. Such platted lot was in existence under and in compliance with the provisions of the immediately prior UDC regulations; 2. .Such platted_ lot was a lawful, nonconforming platted lot under the immediately prior UDC regulations; 3. Such tatted lot was in existence at the time of annexation into the City; or :,4. =uch Matted lot as a legally platted subdivision of the land at such time Wf UDC ado 5tio ; B. Conformance to a Zoning District. Any other, platted lot that does not conform with the regulations of the.Zoning District in which it is . located on:the effective date of this Code or any:amendment hereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this Code, and the City,shall,be-entitled to enforce fully the terms of this Code with respect to such platted lot. C. Conforming-Platted Lots. The following types of platted lots shall be deemed in conformance with the provisions of this Code and nothing in this Code shall be construed to prohibit the use of such lots,: notwithstanding the fact that such lots-do not meet the standards of this UDC in the district in which itis located: 1. Any vacant lot that conformed to the City's UDC regulations at the time that it was platted; or 2. Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located. Section 5.2 Continuance of Nonconformities. A. Criteria. 1. The lawful use of any building, structure, or land in accordance with the terms:of the UDC regulations'by which the use.was established, or in the case of annexed property, in accordance . with-the regulations under which the use was created may be continued 2. Abatement of such use or structure within a given period of time may be required,by the City, provided, however, the right to continue such nonconforming use or use of such structure shall be subject to regulations prohibiting nuisances and shall be terminated when such use or structure constitutes a nuisance. 3. Such nonconforming use or structure shall be subject to such reasonable regulations as the Board of Adjustment(BOA) may be required to protect adjacent property. 4. A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use..Once such change is made, the use shall not thereafter be changed to a nonconforming use. 5. No nonconforming use or structure shall be changed to another nonconforming use or structure except as permitted by the Board of Adjustment. Section 5.3.Expansion of Nonconformities. A. Criteria. A nonconforming use may be extended throughout the structure in which it is located, provided that: 1. The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; 2. No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of-the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; 3. The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming. B. Use.Expansion Outside of Structure. Aonconformin use occupying a structure shall not be extended.to occupy.land outside the structure. C. Use or Structure Expansion. A nonconforming use or structure shall not be enlarged, increased-or extended to occupy a greater area of land than was occupied.at the time the use or structure became nonconforming, except: 1. To provide additional off-street parking or-loading areas required by this UDC. 2. Enlargement of a_building housing a nonconforming use, for the purpose of storage only,shall not be deemed the extension of a nonconforming.use. 3. . Construction of a detached accessory building for the purpose of storage, on a lot occupied by a nonconforming use; shall not be deemed the extension of a nonconforming use. Section 5.4 Repairs and Alterations. A. Moving a Nonconforming Structure. No nonconforming structure or building shall be.moved in whole or in part to any other location on-the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein'the structure is to be relocated. B. Right to Repair Maintained. Nothing in this UDC shall be construed to:prohibit the normal maintenance or repair of any part of any build.in s or structures declared unsafe by the City unless such repairs or maintenance exceeds fifty (50%) erten of the structure's appraised value, as determined by the applicable county appraisal district. 1. Structural Alterations Allowed Only if Changed to Conforming Use: No structural alterations shall 'be made except those required by law or ordinance, unless the use within the building is changed to a conforming use, and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. C: Substandard Nonconforming Structure. The right to operate and maintain any nonconforming structure shall terminate.and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance when the applicable ordinance exceeds . fifty (50%) erten of the replacement cost of such structure on the date Inwhich the City determines that such structure is substandard. Section 5.5 Reconstruction Following Damage or Destruction. A. Structure Totally,Destroyed. Damages:from any cause exceeding fifty (50%) erten of the value of such structure at the time of - damage shall necessitate the_discontinuance of use of such structure and same shall not be restored or reconstructed except .in conformity. with the current provisions of this UDC applicable to such structure. B. Structure Partially Destroyed. 1. Nonconforming structures.damaged by the forces of nature such as severe weather events or earthquakes and. unforeseen accidents such a structural fire may be restored to their former condition if such damages does not exceed fifty (50%) ercent of the value of such structure at the. time of damage. 2. Such restoration or reconstruction shall be completed within twelve (12) months of a settled insurance claim. If reconstruction is delayed by contested insurance claims, litigation,or some other similar cause, then the twelve(12) month reconstruction period may be extended by the City. C. Replacement Cost. In determining the-replacement cost of any nonconforming structure,there shall not be included therein the cost of land or any factors other than the nonconforming structure itself including foundation. Section 5.6 Changing to a Conforming Use. A. Changing to a Conforming Use. 1. A nonconforming use may be changed to a conforming use provided that, once such change is. made, the use shall not be changed back to a nonconforming use. 2. A conforming use,located in,a nonconforming structure maybe changed to another conforming use but shall not be changed,to a nonconforming use. Section 5.7 Abandonment A. Considered Abandoned. A nonconforming use of any building or structure which has-been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall;be considered abandoned when:- 1. It has been.replaced with a conforming use; 2. Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six(6) months; or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six(6) month period; or 3. In the case of a temporary use, the use is moved from the premises for any length of time. B. Future Use after Abandonment. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the.provisions of this Code, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied. - ARTICLE 6. ACCESSORY, TEMPORARY AND SUPPLEMENTAL USE REQUIREMENTS Section 6.1 Accessory Uses 6.1.1 General Any.accessory use may be permitted provided that it is customarily associated with a primary use that may be permitted by right consistent with this Ordinance. The establishment of such accessory uses shall be consistent with the following standards: 1. The accessory use shall be subordinate to and serve a primary use or principal structure; 2. Accessory use shall be subordinate in area, extent or purpose to the primary use served; 3. The accessory use shall be located within the same Zoning District as the primary use; and 4. Accessory uses located in Residential Districts shall not be used for commercial purposes other than Home Occupations in compliance with zoning and other applicable regulations: 6.1.2 Home Occupations 6.1.2.1 General A Home.Occupation is that accessory use of a dwelling that shall constitute all or some.portion of.the livelihood of a person or persons The Home Occupation shall be clearly incide� the residenfi aMMem theft and canno chan a the residential character of the: hom or adversely affect the " + rn � � 4+cry iiia+hot-11.'ie+n'n+ n ^%�"a llu yvvta+ci `urroundi:n er hborhoo' 6.1.2.2 Home Occupation Types Home Occupations are permitted subject to the occupation meeting the following provisions. A. Be conducted entirely within a dwelling or integral part thereof and have no outside storage of any kind related to the home occupation; B. Be clearly incidental and secondary to the principal use of the dwelling; C. Be conducted only by persons residing on the premises(nonresident employees are not permitted); D. Does not affect the residential character of the dwelling; E. Deliveries by commercial vehicle occur only between the hours of 8 a.m. and 6'p.m.; F. Create no. disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare,. unhealthy or unsightly condition, traffic, or parking problem; G.. The home occupation shall not result in the off-street'or on-street parking of more than two vehicles at any one time not owned by members of the occupant family; H. No interior or exterior business sign shall be permitted. I. No mechanical equipment shall be used except of a type that is similar in character to that normally used.for domestic purposes. - J. Home occupations shall not use electrical or mechanical equipment that results in: 1. A change to the fire rating of the structure; 2. Visual or audible interference in off-site radio, television or electronic.equipment; 3. Off-site fluctuations in line voltage; K. All home occupations may be subject to periodic inspections.by the City; L. Retail sales shall be limited to internet, mail order and telephone sales;.with off-site delivery and the sale of products assembled at the residence; M. Services to patrons shall be arranged by appointment or provided off-site; N. There shall be no more than three deliveries per week to the residence-by suppliers, except through the delivery of mail by the United States Postal Service or via private delivery services that typically rovide neighborhood deliveries;. . m No more than one'(1)rhomeroccupatton shall be permitted per,smgle dwelling, P 4 Pr uideof Texas Sales an Use Tax permit'issued by tfe`State of Texas Comptroller's40,ffice; l?rouide copy ef ersimiabuinesofCerific ms . �identification,tlocument . R. The following activities shall be prohibited as a home occupation: 1. Outdoor automobile, truck and heavy equipment repair; 2. Outdoor auto body work; 3. Auto body painting; 4. Parking and storage of heavy equipment; 5. Storage of building materials for use on other properties; and 6. There aration,.cooking or sale of otentially hazardous_ food items from a home kitchen xcludin items rotected under Cotta e law . S. The sale of firearms shall only be permitted subject to the following conditions: 1. Issue of a license by the Bureau of Alcohol, Tobacco and Firearms; 2. Installation of a monitored home security system;. 3. Installation of security lights that do not adversely affect adjoining residences; 4. Installation of a safe, or an equivalent storage system, to store all firearms; 5. Notification to the Ci Police and Fire De artment's Chiefs; , -a-Serti#+sa#e-Es T: Exemptions from the provisions of this chapter are: 1. Garage sales; . 2. For-profit production of produce or other food products.grown on the premises: a) This may include temporary or seasonal sale of produce or other food products grown. on the premises; and - _ b Hobbies which result in payment to those engaged in such activi U. A floor plan of theresidence in which you will be conductin our home occu afiion must b submitted wit your application that de,icts the followin 1. AddresSIG I residence; Name and phone number©f property owner Square footage of entire dwelling unit; Square footage dedicated to the home occu, anon= LE 1, location; Existing parking location; an An, other information relevant to rocessin Ora lication. V. Home occupation shall comply with all applicable Federal, State and Local laws and regulations. Section 6.2 Temporary.Uses. A. General. The Director of Planning and Engineering may authorize the.temporary use of a structure or. property for a purpose that is not specifically permitted by the regulations prescribed for the zoning district in which the property is located, provided that such use does not involve the erection of a substantial structure or substantial alteration of the premises and is in accordance with the regulations specified below. The Director may require that traffic-control and/or secua rity be roved by the police department as a prerequisite for approving any temporary use. A Temporary S ecia .Use Permit may be granted for the period of time indicated,subject to such conditions as will safeguard the public health, safety, convenience, and welfare of the general public and surrounding uses.All temporary uses shall comply with the noise limitations of the set out in.Chapter 46 of theCity Code of Ordinances. Except as otherwise provided herein; a temporary use permit shall not exceed thirty (30) days. Establishment of a.tempora y.use shall not confer any subsequent nonconforming.rights-on a property.: B. Circuses and Carnivals. - These uses may be permitted in nonresidential districts in accordance with the following criteria: . 1. No structure, tent, equipment, or,mechanical ride shall be located within five hundred (5001)feet of property used for residential purposes; 2. The site shall be a minimum of one (1) acre in size; 3. The maximum permitted time period shall be two (2)weeks; 4. The hours-of operation shall be limited from 9:00 a.m. to 10:00;P.M.; 5. An improved surface shall be provided in accordance with the requirements of UDC Article 18; 6. Public restroom facilities shall be provided. C. Christmas Tree Sales. This use is permitted within nonresidential zoning districts for a period not to exceed forty-five(45)days. A Site glan shall be submitted to the Planning and Engineering Department for review to ensure that setbacks, clear vision area and code.requirements are met. D. Construction Offices and Equipment Sheds. These uses may be permitted in any zoning district incidental to a construction project: The office or- shed shall not contain sleeping or cooking accommodations and shall be removed within ten (10) days after completion of the construction project. A mobile home may be permitted as' a temporary construction office in accordance with the stipulations listed above. However, in no case shall a mobile home be permitted for commercial purposes on a temporary or permanent basis. Modular manufactured units, as described below in this Article, may be permitted as a temporaryuse until such time as when a permanent structure is completed on the same, site'in which modular manufactured unit is located as a temporary use. E.- Outdoor.Meetings. Tent=open-air meetings may be ermitted in nonresidential districts for a maximum,period of 30 -days between the hours of 8:00 a.m. fan 10:00 p.m. F. Tents. Tents-used for special events may be permitted fora period not to exceed one (1)week provided that -applicable:permits are obtained. For Circus and Carnival tents see UDC Section 6.2(B) above.. G. Portable classroom buildings. Portable buildings may_be situated on school property, provided that all other applicable codes and , . ordinances are met. Portable classroom buildings shall be inspected by the Building Official and may be granted up to a 24-month certificate of occupancy, which may be renewed:- There is no limit to the number of extensions that may be granted. H. Outdoor Seasonal Garden Center Sales. Businesses shall be allowed to have outdoor seasonal garden center sales in parking lots provided that -the salesarea does.not block any fire lane and is clearly defined on the site. If outdoor seasonal sales .. are contemplated, this area should be designated as such on the site plan. Section 6.3 Supplemental,Use Requirements 6.3.1 Purpose and Applicability The City recognizes that there are certain land uses that may be regulated by the State of Texas or which may have characteristics which require certain controls in order to Mnsure compatibility-with other uses in the zoning districts in which these certain uses may be permitted. As such, the following Supplemental Use. Requirements shall govern the operation of each of the following uses. A. Day Care.Services (Residentially Based) The-following requirements apply to all registered family homes, group day care homes, .residential. nursery schools, group day care, group life care and family day care centers: 1. License and Registration.All group day care homes, nursery schools, and day care centers shall have a current license issued .by the Texas Department of. Family and. Protective Services. Registered family homes shall maintain a current registration with the Texas Department of Family . and Protective Services. 2. Standards in Residential Districts. Day care facilities shall comply with the following requiremenj when located within residential zoning districts: a. Outdoor play space shall not be permitted within the front yard area; and b... ..Residential signage.per current Sign Ordinance 1188, as amendedl 3. Outdoor Play Areas. The outdoor play space.for day care centers, group day care homes, and nurseries which abut or are located within a residential zoning district shall be enclosed by a six- foot solid (opaque) fence. If the adjacent property is zoned residential but is .in use as a private/public school, church or park a fence shall be required. At the option of the applicant it may be predominantly.open or a solid fence. . 4. Required Residency. The provision of day care in a single-family residence shall require that the owner of the property occupies the home as their primary residence.. B. Day Care Services, Family Family Day Care services shall be limited to no more than four children under 1.4 years of age, excludin� children related to the caretaker, and provides care after school hours for not.more than six (( additional elementary school children, but the total.number of.children, including those related to the caretaker, shall not exceed , eely (12) at any given time. C. Day Care.Services, Group Group Day Care homes provide regular care for between five.(5).and twelve (12) adults or children for less than 24 hours a day. This shall include nurseries, preschools an adult care facilities. D...Day Care Services, Commercial. Day care-center provide regular care to an unlimited number of adults or children for less than-24 hours a day and are subject to the following requirements: 1. Approval of Site Plan: Prior to the commencement of operation of any child care center,the owner. and/or operator of the proposed center shall submit for review a site plan which indicates the -.design, location, and operation of the proposed child care center will be in compliance with this section 2. General Development Requirements. All childcare centers must.be developed as follows: a) All passenger loading and unloading areas and outdoor play space shall be located to avoid conflict with vehicular traffic. b) Access from public.streets 'and/or sidewalks to the facility .must comply with the Texas Accessibility Standards adopted by the Texas Department of Licensing and.Regulations. c) Except for child care centers which provide care for not more than four hours per.day, outdoor play space must be provided at a rate of eighty (80) square feet per child, or theminimum established by.federal or state law or regulation based on the maximum design capacity of the child care center. d) If the child care center is located in a residential zoning district; no more than one-half of the required play space may be provided off-site in a public or private park, but only if a the park is located no more than 100 feet of the child care center; and access to the park from the center does not require crossing at-grade any street classified as a thoroughfare, regardless of whether or not access can be obtained across a controlled intersection with crosswalk lights and street markings. e) No childcare center may be located in whole or in.part in a.one-family or two-family dwelling except to the extent that the center qualifies as a home occupation pursuant to Article,6 of this . UDC. f). No portion of a childcare center site may,be within 300 feet.of gasoline pumps, above ground or underground gasoline storage tanks, or any other storage area for explosive materials. g) No child care center located in a residential zoning district may be-located-any closer than 1,500 lineal feet from a community home defined in Chapter 123-of the Texas Human Resources Code, as amended, adult group home, personal care.facility, assisted living center, or another child care center. h) Any child care center authorized to be located in a residential zoning district must be designed and constructed in such a manner as to look like a residence of similar character and design. to residential structures located on the ad'acent pro erties and shall include pitched roofs and windows which constitute not less than ort (40%) erten .of the front facade.. E. Group Care Facility Group Care,Facilities,are required to be licensed by the state.and are limited supervision, treatment and/or rehabilitation to the aged,disabled, those convicted of crimes, or those suffering the effects of drugs or alcohol.This category does.not include day care centers,family day care homes,foster homes, schools, hospitals,jails or prisons. F. Group Residential Group Residential facilities provide living accommodations to groups of more than five(5).persons (not defined as a family)on a weekly or longer basis.Typical uses include occupancy of fraternity or sorority houses, dormitories,residence halls, or boarding house. G. Life Care Services Life Care Service and/or retirement housing for retired, elderly, and/or disabled persons,..including... •- congregate housing with common meals and/or community-facilities for social .events, community recreation, convalescent services,. guidance services, .personal services and personal improvement services, or self-contained dwelling.units specifically designated for the needs ,of the,elderly, either rented or owner-occupied. To qualify as life care housing or facilities; a minimum.of 80% of.the total. units shall have a household head 55 years of age or greater.and no long term or permanent skilled nursing care or related services are provided. H. Adult/Community.Group Homes Property used as an adult/community group home, as defined below, shall be subject to the following regulations: 1. "Adult/Community Group Home".Defined: An Adult/Community.Group Home is a dwelling unit for sixteen (16) or fewer people in which food, shelter, and minor medical treatment under the direction and supervision of a physician, or services which meet some need beyond boarding or lodging are provided to residents of that dwelling unit, but not including care provided to any family member residing with:his family in a one-family dwelling. Residents of an Adult Group Home. depend on staff to provide various degrees of assistance in everyday living, but are not considered dangerous to themselves or others and require only occasional or temporary services by professional rriedical-or nursing personnel which are provided through individual arrangement with each resident.Adult Group Home includes any facility which requires a license issued by the Texas Department of Health or its successor agency as a Personal Care Facility but does not include a facility which requires a license as a Special Care Facility. -2. - Approval of Site Plan: Prior to the commencement of operation of an Adult Group Home, the owner and/or operator of the proposed center shall submit for review a ite Plan which indicates the design, location, and-operation of the proposed Adult Group Home will be in compliance with this Section (e.)and all:other applicable provisions of this Chapter. Said site plan shall be approved as follows: a) I use of the property as an Adult Group Home does not require the approval of a onditional "Tse Permit or an ordinance changing the-zoning regulations of.the property, the Bite.Plan must be, approved by the Commission prior to commencement of operation of the center; or b) if use of the property as:an Adult-Group Home requires the approval of a conditional use permit or an ordinance changing the zoning regulations of the property, the site plan shall be approved by the.City Council in accordance with the applicable procedures related to the adoption of a conditional use permit of ordinance changing the zoning of the property., 3. General Development Requirements: All Adult Group Homes must be developed as follows: a) All passenger loading and unloading areas and outdoor recreation areas shall be located to avoid conflict with vehicular traffic; b),: Access from public:streets and/or sidewalks to the facility must comply with the Texas Accessibility Standards adopted by the Texas Department of Licensing and Regulations; . c) Ingress and egress from the Adult/Community Group Home must be from.a street with a pavement width of 30 feet or greater which is not classified as a dead-end street; d) No Adult/Community Group Home.located in a residential zoning district may be located any closer than 1,500 lineal feet from a community home defined in Chapter 123 of the Texas Human Resources Code, as amended, personal carefacility, assisted living center, -ora child care center; and e) Any Adult/Community.Group Home authorized to be located in a residential zoning district must be designed and constructed in such a manner_as to look like a residence of similar character and design to residential structures located on the adjacent properties and shall include pitched roofs and windows.which constitute not-less than 40% of the front facade. 4. Application to Adult/Community Homes:The provisions of this Adult Group Home section shall be applicable to the use and development of property as a community home, as defined in Chapter 123 of the Texas Human Resources Code, to the extent that the development of said community home, is not exempt from municipal zoning regulations. In the event applicable provisions of state and federal law or regulation establish more restrictive regulations of community homes than this Chapter, including, but not limited to, spacing and occupancy regulations, the more restrictive state or-federal law or regulation shall apply. I. Transitional.Homes, Rehabilitation Centers and Halfwa Houses Transitional homes shall not be located within sa rQ feet of any public/private school or public/private children's day care facility and/or a public park. 1. Method of Measurement and Survey Requirements. . a) Measurements shall be in a straight line,without regard to intervening structures or objects, from the nearest point.of the platted property line of the lot on which the transitional home is situated to the nearest point on the property line of a public/private school, public/private children's day care facility and/or a public park. b) A certified survey prepared by a licensed surveyor or.licensed engineer showing:distance measurements in accordance:with this subsection_shall be submitted to the City for all transitional homes as part of the application for the certificate of occupancy.Any certificate of occupancy issued for a building or facility used to conduct a transitional home without submission of the required survey shall be null and void. 2. Building Standards. a) Separate beds must be available twenty-four (24) hours a day for each resident housed. within the_facility. b) Bedrooms shall have: a. minimum of twenty-five .(25) contiguous square feet of unencumbered space per occupant. This square.footage may not be..obstructed by beds,. other furniture, or fixed_building structures. P) Bathroom facilities consisting of a tub and/or shower and one(1)toilet, and one(1) lavatory shall be provided for each ten (10) residents housed. d) Areas for leisure activities shall be-provided at the rate of twenty (20) square feet for.each resident. e) .If food is prepared on-site a full kitchen must be maintained and will be subject to compliance with applicable codes and be subject to periodic health inspections. 3. Lot Standards. A yard area of.fifty (50) square feet per resident housed shall be provided for the occupants. 4. Staffing. The transitional home shall have an overall client to program staff ratio of not less than eight (8)to one (1) an not less than one (1) attendant to thirty (30) residents on any given shift. 5. Parking. a) All required parking shall be provided off-street. b) One(1) space per attendant and one (1) space per fifteen (15) residents shall be provided. 6. Outdoor Activities. Outdoor leisure activities shall be limited to the hours of ER:00 a.m. until ®:30 p.m. seven (7) days a week. 7. Nuisance. The transitional home may be considered a public nuisance if any of the following occurs: a) More than two (2) police disturbance calls are recorded within a -day (EEO) day period involving residents.housed at any single transitional facility; b): A code violation that is not brought into compliance.within thirty(30)days of receiving notice; c) More than ) nuisance complaints from adjoining property owners are received and validated by the police department within a six-month period; or i. If the Code Enforcement Officer determines that any of the three_(3) above provisions occur, he shall request that the city attorney take court action to abate the nuisance where appropriate under law. 8. Permissible Tenants. a) No tenant or resident may occupy a transitional'home in any capacity if previously convicted. of a sex-oriented crime, child molestation, and/or murder in any.degree. - b) No tenant or resident may. occupy a transitional home without first being screened;for tuberculosis. The.operator of the transitional home must demonstrate that any.tenant or.. . resident testing positive for tuberculosis is of no danger to other tenants or residents relative to.possible transference.or infection of said residents. 9. Plan of Operation Required.- a) equired.a) A Plan of.Operation. describing how services will be conducted and provided shall be submitted for purposes to demonstrating how the terms of this section. J. . Greenhouses (Non-Commercial). Greenhouses are permitted in residential zoning districts subject to the following regulations: 1. They have no on-premises sales (either retail or wholesale); 2. They display no advertising signs on the property; 3. Accessory structures do not exceed a total of six hundred (600) square feet in size; 4. The accessory structure or greenhouse shall comply with all applicable Lot Design Standards of this UDC; and 5. There is no outdoor storage of equipment or other materials. K. Fuel Sale Businesses. Property used for the purpose of.the sale of fuels shall be developed in accordance=with the following regulations: 1. Distance from Right-of-Way: Service stations may locate fuel pumps and pump.islands beyond the setback, but in no case closer than fifteen (151)feet from any street right-of-way, 2. Cano Requirements: Any canopy placed over the pump island.may not extend closer than 11 VM 5' fee to the right-of-way; 3. Pumps near Residential Zones:Fuel pumps and pump islands may not be located closer than'one hundred (100.0')M to any residential zoning district; 4. Pumps near Existing Residence' Fuel pumps and pump islands may not be'located closerthan ee one hundred (100.0'): to a property currently being developed and used for residential purposes within a zoning district that permits fuel sales.' 5.Stores exceeding 5,000 Square Feet: If a structure exceeds:5,000 square feet in size, a Conditional Use Permit(CUP)will be required. L. Mini-Storage/Mini-warehouse Businesses: The use of property for operating an:indoor self-service storage facility shall comply with the following development regulations: 1. Screening Required,_No building shall be located so that'the door of the self-storage-unit faces the street unless screening is constructed:along the entire length of the building,.said screening to be in the form of: a) A screening fence is constructed in accordance with requirements of this UDC; b) An opaque and evergreen landscape hedge with a height of six feet (6) at the time of planting; c) Another building located.between the self-storage units and the street; or d): Such other_screening that may be approved by the Commission upon application of the -developer or owner. 2. Required Facade Materials: The sides of all self-storage unit buildings that face a street and/or an abutting residentially zoned property shall have exteriors that comply with the building design requirements of this UDC; 3. Driveways: All driveways within the complex must be designed to accommodate appropriate fire- fighting vehicles-and be approved by the City Fire Chiefr desi ne 4. Setback Requirements: No building used as a self-storage unit may be located closer,than twenty- five feet any residentially zoned property. 5. Overhead doors: No overhead,doors shall directly face a residentially zoned property or a public right-of-way., Outdoor Storage:.When adjacentto public rights-of-way or residentially.zoned properties, outdoor storage, where permitted by right or conditionally, cannot be visible from right-of-way or residential views, as measured from at grade line of sight viewpoints. M. Manufactured Modular Housing. Structures that are constructed in one or more modules or modular components built at a:location other than the permanent site, are transported to the permanent site, and are erected or installed on a permanent-foundation system. The term includes plumbing, heating, air, conditioning, and electrical - systems. Per the Texas Department of Licensing and Regulation, examples of industrialized housing and buildings include one-family and two-family (duplex) dwellings, apartment complexes, equipment shelters; restaurants, offices, classrooms, medical complexes, hazardous storage buildings, and more. Industrialized housing and buildings must meet or exceed the requirements of all adopted City Codes. A decal must be issued for certification of modular buildings and components. On the decal affixed to the module, a manufacturer certifies that the module is constructed and inspected in accordance with the mandatory construction standards used by the City. The decal shall provide documentation that a - modular building meets all applicable code requirements. N. 'Recreational Vehicle. A vehicular type portable structure without permanent foundation primarily designed as temporary living quarters for recreational, camping, or travel use, with or without motor power. This includes, but is not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. The use of a recreational vehicle as a permanent residence is prohibited except in a duly created Recreational i Vehicle Park. O. Self-Contained Retail Units/Kiosks. Refers to:an automatic self-contained portable retail structures or kiosk, such as, but not limited to bottled water dispensers and an ice dispensing structure that produces and dispenses ice-for retail sale, as a stand-alone primary use:.These self-contained machines/buildings may be allowed subject to the machine.and/or structure fully complying with all applicable building design requirements, screening.requirements for mechanical equipment, be it roof or ground mounted, of this UDC. These units may not be placed over.required parking spaces, driveways, fire lanes or landscape, areas. Adequate off-street parking and vehicular maneuvering areas and car queuing (stacking) shall be. provided. Compliance with.all applicable building and fire codes, as amended, shall also be required. P. General Contractor Services. Contractor yards must comply with all Environmental_ Performance standards and screening requirements of this.UDC. A dust control plan shall be submitted prior to the approval of a site plan to- establish this use. Q. Big Box Store Requirements. 1. Big box store uses proposed in the C-3 district on a property that adjoins property zoned:Single- Family (SF) shall only be permitted subject to the granting of a Conditional Use Permit (CUP); subject to all CUP criteria, standards and processes defined in Article M4 of this UDC. -In consideration of a CUP to allow a big box store use, the City Council may impose reasonable . conditions of approval to ensure that the big box store use does not diminish the use or=value of the adjoining residential property for residential purposes or may deny.the CUP request upon determining that the proposed big box stores would not be compatible with the adjoining residential zoning district. 2. Big boxes stores are permitted by,right in the C-4 and MURE zoning districts and in the FM 78 Overlay District. Big boxes stores are permitted by right in the 6-3 zoning district if the property.on which the big box is proposed does not share a common border with any property zoned Single-- Family (SF). For purposes of enforcing this requirement, property zoned Single-Family (SF)on the opposite side of a right-of-way from where a big box is proposed is considered to adjoin the property on which the big box is proposedand has'a shared border. ARTICLE 7. ENVIRONMENTAL PERFORMANCE STANDARDS The use of land, buildings and other structures, wherever located; shall be established and conducted to conform to the following performance standards. Section 7.1 Applicability The use of land; buildings and other structures for non-residential purposes shall be established and conducted so as to conform to the performance standards hereinafter specified. The performance standards establish certain nuisance factors, which if violated in the use of land, buildings and other structures, will be detrimental to the use, enjoyment and value of other land, buildings and other structures and will be detrimental to the public health, safety and welfare of the citizens of Cibolo. Section 7.2 Performance Standards 7.2.1 Noise. Any activity or operation of any use producing noise, other than ordinary vehicle noise, shall be conducted so that,no noise from the.activity.shall be deemed a public nuisance, as defined ins"© 6 Article Ir-' of the Ci. Code reference Ordinance 1154 as amended. 7.2.2 Heat. Any activity or-operation' of any use.producing heat shall be conducted so that no heat from the activity or operation shall be detectable at any point off the zoning lot on which the use is located. 7.2.3 Light and Glare. A. Purpose The purpose of these standards is to create criteria for outdoor lighting for non:residential uses which will provide for nighttime safety, security and utility while reducing light pollution, light trespass, and conserving energy. It is the intent of these criteria to establish appropriate lighting levels, efficient lighting sources, full cut- -off lighting; and to minimize/discourage lighting glare, lighting pollution and lighting trespass. B. Light and Glare Definitions For the purposes of applying the regulations of this section, the following definitions shall apply: 1. Cutoff. The point at which all light rays emitted by a lamp, light source or luminaire is eliminated (cutoff) at a specific angle above the ground. 2. CutoffAngle. The maximum angle formed by a-line drawn in the direction of emitted light rays at the light source and-a line perpendicular to.the ground from the light source. 3. Full Cutoff-Type,Luminaire. A luminaire constructed or,shielded to direct all light at a cutoff angle:of less than 90 degrees (also referred to as a Horizon Limited Luminaire). 4. Foot-candle. A unit of illumination produced.on a surface, all points of which are one foot from a uniform point source of one-candle: 5. Glare.' Direct light emitted from a light source which causes eye discomfort. 6. Light Pollution. The shining of light produced by a luminaire above the height of the luminaire and into the sky. 7. Light Trespass. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. 8. . Luminaire. - A complete.lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts. C. General Standards 1.. General Standards for Lighting on Private Property a) No flashing light shall be permitted. Flickering or intense sources of light shall be controlled.or shielded so.as not to cause a nuisance across lot lines. b) Lighting shall be designed to function as a Full Cutoff Luminaire. Lighting which projects light into the sky shall be prohibited.. c) Light sources or luminaries shall not be located within required .buffer yards except along pedestrian walkways. d) All luminaries shall be.designed.so that the light source (bulb-or lamp) is completely shielded from direct view of an observer standing a point five feet above grade on the lot line abutting a :. transitional yard or at any location on residentially zoned property.The.height of light standards niparking lots storage areas.shall be limited to 35-feet, as measured from existing grade to the height of the luminaire. This requirement shall not be applicable to those exempted uses . described in this section below. Subject.to Planning.and Zoning Commission review and City.Council:approval,: requests for taller light standards may be requested for.uses that have special lighting needs or.for a use where taller.lights may:be necessary for a.public health or safety concern. This requirement shall not be applicable to light standards erected along public rights-of-way by any public agency-or entity. e) All.luminaries shall be.designed or positioned so that the maximum illumination at property lines will not exceed one (1.0)foot candle. f) Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities shall not illuminate abutting properties and the luminaries shall be designed..so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing at the property line at a point five feet above grade. g) Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are'exempted from the general standards of this section. Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto adjacent residential properties. h) As part of the approval of a.public project, the City Council may vary from the requirements of this section. i) The illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. 2. Method of Measurement a) .Illumination levels shall be measured ih foot candles with a meter sensor in a horizontal position at an,approximate height of three feet above grade. Maximum illumination readings are to be taken directly beneath the luminaire. b) To determine minimum permitted illumination, illuminationlevels shall be measured in foot candles with a meter sensor in a horizontal position at an approximate height of three feet above grade, The point at which readings shall be taken is dependent upon the area classification and,fixture arrangements. 3. _ Exemptions The following forms of lighting are exempt from the standards contained in this ordinance:. a) Decorative seasonal lighting. b) Emergency lighting used by police, fire fighters, or other emergency services. c) Hazard warning luminaries which are required by regulatory agencies. d) Lighting utilized for the purpose of illuminating flags of the United States of-America and the State of Texas. e) Lights installed by government agencies and utilities along public street rights-of-way and other . public places for the purpose of public health and safety. 4. Nonconforming Luminaries Exterior lighting luminaries in existence on the effective date.of this chapter shall be exempt from the standards of this chapter and shall be considered legally nonconforming. Such fixtures may be repaired and maintained. However, if any legal nonconforming luminaire is moved or.damaged by any means to an extent that its total replacement is necessary, the luminaire, or replacement, shall comply with these requirements. 7.2.4 Dust and Particulate Matter . A. Dust. Dust and other types of particulates borne by the wind from sources such as storage areas,.yards, roads; bulk materials, conveying equipment and the like within lot boundaries shall be kept to a -minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. B. Fugitive Particulate Matter. No person shall cause or allow the emission or movement of fugitive particulate matter across-a lot line onto an adjoining lot. This requirement shall not apply when the wind speed is greater than twenty-five (25) miles per hour. Fugitive particulate matter shall be defined as any solid particulate matter that becomes airborne,other than that emitted from an exhaust stack, directly or indirectly as a result of the activities of any person. The City may require the submittal of a Fugitive Dust Control Plan,to ensure compliance with these standards. C. Smoke. In all districts; unless otherwise covered by a specific visible emission limiting standard by the State of Texas or Federal EPA, every use shall be operated so as to prevent the emission of smoke from any source whatever, the density of which is equal to or greater than that designated as Number 1 on the Ringlemann Chart, or the opacity of which is equal to or grew than twenty(20) percent. For the purpose of grading the density of smoke;the Ringlemann Chart, as published and used.by the United States Bureau of Mines, or Method 9, as published in Chapter 17-2 F.A.C. is incorporated herein by reference. All,measurements shall beat the point of emission. D. Dust and Particulates. Every use shall be operated to prevent the emission into the air of dust or other solid particulate matter which may cause danger to land and the health of persons or animals at or beyond the lot line of the premises on which the use is located. E. Exemptions. The following uses shallbe exempt from the fugitive particulate matter requirements: agricultural plowing and tilling,demolition activities, earth moving activities necessary to the initial preparation of a site for new construction, including new streets, new subdivisions,commercial developments and public works related projects. F. Dust Control Plan Required. Any use that will be of a nature.that will store stockpiled materials, dirt,sand, fill or like materials, or have unpaved storage, shall be required to submit a Dust Control Plan for approval ata part,of the Site Plan process as a condition of site plan approval, building permitissuance and.the issuance of.a Certificate of Occupancy. 7.2.5 Electromagnetic Interference Electromagnetic interference from any operations of any use in any district shall not adversely affect the operation of any equipment located off the zoning lot on which such interference originates. 7.2.6 Odors No use shall be operated to.produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or,beyond the lot line of the land on which the use is located. Table III chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists' Associating, Inc., Washington, D.C., is.hereby adopted as"a guide in determining the quantities of offensive odors, as are the guides.and standards of the prohibitions against air pollution of the Department of Environmental Regulation (DER). :7.2.7 Toxic or Noxious Matter No use shall for any period of time, discharge.across the.boundaries of a lot on which itis located,toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health,safety, comfort, or general welfare; or cause injury or damage to persons, land,.or the use of land; or render unclean the waters,or air to the extent of being harmful or inimical to the public health, or to animal or aquatic life, or to the use of such air or water. 7.2.8 Radiation Any,operation involving radiation, such as the use of gamma rays; X-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other-atomic or nuclear particles, shall be permitted only in accordance- with the codes; .rules, and regulations of the State Department of Health and Federal Environmental Protection Agency (EPA). 7.2.9 Electromagnetic Radiation and Interference A. Radiation. No person shall operate or cause to be operated for any purpose any planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of.the Federal Communications Commission regarding such sources of electromagnetic radiation. B. Interference. No use, activity, or,process shall be conducted which produces electromagnetic interference with normal telephone, radio or television reception in any district. 7.2.10 Vibration No use shall be operated so as to produce ground vibration noticeable without instruments, at the lot line of an adjoining premise on which the-use is located.This standard shall not be applicable to the construction or demolition of buildings or other structures, or the construction of government improvements, such as roads. 7.2.11 Open Outdoor Storage. A. In those areas where outdoor_storage is expressly permitted;.the City reserves the right to request an inventory:-of materials stored outdoors and makeperiodic inspectionsof outdoor storage:areas to ensure that such materials are being stored in a manner that complies, with all environmental performance standards contained in this section and may request proof of the issuance of permits from any applicable governmental agency that has jurisdiction over the stored,materials. B. Dust Control Plan Required. The City reserves the right to require the submittal of a Dust Control Plan for any open outdoor storage use that generates dust and can require dust remediation measures to mitigate dust control issues. Categories'of Outdoor Storage include Outdoor Display, Limited Outdoor Storage and General Outdoor Storage shall refer to Article 9 for additional information and requirements. Section 7.3 Administration and Enforcement A. Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the objectionable elements and at any points where the existence of such elements may be more apparent; provided, however, that the _measurements necessary for enforcement of performance standards set forth in this section shall be taken at property,line boundaries. B. Notification. The City shall give written notice, by registered mail or other means ensuring a signed receipt:for such notice, to the person responsible for the alleged violation. The notice shall describe.the particulars of = the alleged violation and the reasons why the administrator believes there is a violation in fact; and shall require an answer or correction of the alleged violation to the satisfaction of the administrator within a time limit set by the administrator. C. Costs of Determination. The notice shall further state that the cost for any technical determination that be made by the City to confirm the alleged violation shall be borne by those parties responsible for the violation if any-violation is determined to be proven by empirical evidence; in addition to such other penalties as may be prescribed by the Zoning Ordinance. If is determined that no violation exists, the costs of the determination will be paid by the city. D. Proof of Permits. The City reserves the right to make ,inspections to ensure _compliance with all. environmental performance standards and may request proof of the issuance of permits from any other applicable governmental agency with jurisdiction. E: Enforcement. If the alleged violation is not corrected to the satisfaction of the administrator after within the time limit set, the Penalty and Enforcement Provisions of this UDC shall be applicable. ARTICLE 8. FENCES, SCREENING AND EXTERIOR DESIGN . STANDARDS Section 8.1 Fence Requirements The erection of a fence is not mandatory, with the following exceptions:in which it is required: A. As required to enclose a swimming pool area;. B. As required to enclose a day care center play area; C. As required by other applicable sections of this UDC.. D. Residential Subdivision Perimeter Fencing Fences that are constructed shall comply with the following regulations: 8.1.1 Fence Location A. Fences may be built on or along property lines in all districts. Fences..may be installed within a residential district on the property line at a corner lot adjacent to a public street, provided there is no visual im airment of motorists .and pedestrians iper7clearIslghtHtnangle' re-auirements (thJ®:G. ection 18.1�4x, provided there is a visual clearance of as defined by Article 1'8 of this UDC and provided there is no interference with utility and/or drainage easements... B. Fences may be built across other areas of private property,_provided that.the fence is not taller than any intersecting fence and in no case taller than eight(8') ee in total.height. C. Fences cannot cross onto any public or private property and may not block access to any fire hydrant or utility meter. required bysfiate_andlor Fetleral A°envie"s i e: TCEQ.re uirements for fencin a:around�wM'so ewer <lanfis'. E. The"City,does not permit fencesin floodwayyareas as designatedoFEMA's flood boundary an r .. doodway maps the Ioneexception for fencin in a floodwa.:_areawill be-.a_break0awa ,fence= s_.a roved thr�ou h,the$Gi En in, r-. 8.1.2 Maintenance The property owner must"mainta"n aZfence�or fen des nto ance"With 1% below re airemenf ncludin abut notglimited.to the�followim mainfenaneestantlartls. . 1. The owner or-person in control of H property adjacent to anM intersection where a traffic control device is erected shall not permitvegetation, fences or other structures to obstruct any such intersection. 2. Any vegetation; fence or other structure in excess of twenty-four (240) inches above the roadway within the Iear siF`h' triangle is hereby declared to be a public nuisance and a traffic hazard. In the event the developer, owner, tenant, lessee or agent fails to remove or remedy the condition within ten '(10) days after notice.has been served by the City, the.mity may do as necessary to'remove or remedy the condition or cause same to be done, may issue a citation.for violation of said offense and may charge the expense incurred in removing the violation to the developer, owner, agent or lessee of the subject lot or parcel. 3. The owner or person in control of the property must maintain the integrity of the fence and the space between the fence and property line. A fence must not lean more than one (1) inch of vertical for each foot of height, as measur li_ fr the top_of fence; The owner must replace broken, damaged, removed or missing parts of a fence within ten (10 Jays of, the day the owner received notice from the Chief Building Official, Code Enforcemen Officer or designee; with the same material, or material with comparable composition, color, ize, shape and quality of the original fence to which the repair is being made. The City doe of require a permit for repairs as defined in this section. he Chief Building Official, Code Enforcement Officer or designee, may, upon written notic Irom the owner that unusual circumstances prevent timely repair of a fence, extend th ,eplacement time as required. The Chief Building Official, Code Enforcement Officer o designee, must not extend the replacement time longer than 30 days. The owner requestin replacement time extension must provide the City a written scope and schedule detailin aterials and estimated time of the completed replacement for a roval. Owners must maintain their fences in sound condition as a whole or completely remove them ncluding post(s), Property owners must regularly paint fence supports, gates, structural members and exterio urfaces to prevent rusting, peeling or blistering surfaces: Owners must make the repairs/maintenance in complete sections extending a minimum o upport post to support post. If The Chief Building Official, Code Enforcement Officer o esignee determines the extent of the repair on any existing fence (materials i i oncompliance)is more than fifty(50%)percent of the total fence,then the owner must replac he entire fence with material approved per this Section of the UDC. The City will use a rollin twelve(12) month period to determine if over fifty (50%) percent of a fence has been repaired Requirements for a nonconforming fence wall, gate and or column 'Replacementg g , gates and columns must be subject to th . of legal nonconforming fences walls requirements of this Section of the UDC. 1. The City does not require a.Fer�mit if. VRepair of shortsections of legal nonconforming fences, walls, gates or columns whe pairs are less than two fence panels or a maximum of sixteen (16)feet; o Re lacement of fence does not exceed fi 50% percent of the total fence len th The replacement of any nonconforming structure must be prohibited if the Chief Buildin Official, Code Enforcement Officer or designee determines that a public safety hazard exists r the Citv Enciineer determines that the structure encroaches into an easement or public ri ht, :)t-way. 8.1.3 Fence Height and Types A. Fences constructed in the front yard of properties in the SF-3 through SF-5 districts must be hre (3') ee or shorter; however, fences in the front yard may be increased by ®n (1') Ej if it is decorative and is less than ixt (60%) ercen opaque. B. FenMmaEed es constructed in the front yards of properties in the AG, SF-1 and SF-2 districts must be er withi (251) feet of a front property line. The height of fences feet ofa front property line in AG, SF-1 and SF-2 districts can increase to t provided that the fence is not opaque. A decorative wrought iron fence or chain link fence are examples of permitted iv (51) foot fences. In the AG district, the use of wire fencing, including barb wire fencing, is permitted. Barbed wired fencing is not permitted in.any Single-Family district. C. In the C-4 and Industrial zoning districts, the use.of chain link fencing shall be permitted except where C-4 and Industrial districts adjoin or face.residential districts or institutional uses; in which case the buffer yard requirements would be applicable.,The use of chain link fencing along public rights-of-way that face lower intensity zoning districts shall be prohibited, unless such fencing is located behind an opaque landscape hedge or berm. D. Within an industrial park, the height of chain link fencing can be increased by thre (3J) feet to allow wire security fencing, such as barb wire.The use of razor wired fencing and concertina razor wire fencing shall be expressly prohibited, unless such fencing is a requirement of the State of Texas or U.S. Government for certain security purposes. E. Fences in all other yards may not exceedi h (8')Mee,,in total height. 8.1.4 Building materials A. Fences must be built of wood, metal, bricks, or masonry. If masonry fencing is used, a decorative finish, such as stucco or split faced block must be used. Chain link fencing is prohibited in the C- 1, C-2 and C-3 and Mixed-Use Districts. Chain link fencing may be used in the C-4, 1-1 and 1-2 districts along property lines that do not border or face any residential or institutional uses zoning district. Composite fencing. such as TREX Ps"e"dillIP,Mat9r,01-sIthat ar- omparable in nature may be er a���*�a,f Pt i7 n9-proposed subject to the reuiew an el royal of the eF Plannin and En ineerin Director or desi nee. B. Only two or less materials may be used to construct a fence.. C. Wood fences should.be rot resistant. D. The use of barbed wire, electrically charged wire, chain link with slats, razor wire or other shat - edged surfaces on fences within residential zoning districts is prohibited unless re A irgalinjan,, aw or reg ulation of fihe Ci fihe state or an, a eMgyR,1jWreof. E. . Finished sides of fence posts must face opposite private or.public property. 8.1.5 Residential Subdivision Perimeter Fencing A. Legislative Findings and Purpose. The ®ity Jouncil finds that it is necessary for the public welfare to impose standards to improve and preserve the quality of.a subdivision's perimeter fences in residential neighborhoods in order to avoid blighting influences on neighborhoods and public safety problems. B. Applicability. The requirements of this subsection apply,only to fences located along the perimeter of a tract or parcel subject to an application for subdivision plat approval which adjoins a collector or arterial. street or a platted multiple lot residential subdivision that adjoins a collector or arterial street. C. Standard. A fence constructed of wooden boards shall include at least one (1) of the following architectural or landscaping elements for every fifty (50) inea feet: 1. An offset or column extending at least twelve (121) inches vertically and six (60 inches horizontally from the remainder of the fence; 2.. A Minimum of hirt -thre (33%) percent masonry from ground elevation at proposed fence line. or 3. Climbing vines, shrubs or trees shall be planted along the base of that portion of the fence that fronts a public street. The remaining setback area between the fence and property line shall be landscaped with grass or other low ground cover. All plants shall be irrigated and maintained. Only livingvegetation may be used to meet these landscaping requirements. D. All perimeter fences, as defined above, shall be maintained by a homeowner's association (HOA) so as not to create a hazard; public nuisance or blight in the surrounding neighborhood.. ere n OA exists or is inactive ,maintenance shall fall on the individual property owner. 8.2 Screening of Mechanical Equipment,Trash Areas, and Loading and Service Areas :8.2.1 Mechanical Equipment and Trash Storage Areas All mechanical equipment; trash storage areas, layawaycontainers, semitrailers and.bale and pallet storage-areas built within Multi-family ME Commercial=and Mixed-Use .Overlay Districts EM shall be fully screened from public view. This shall include equipment mounted on the roof, ground or otherwise attached to the building or location on the site. The following standards shall be met: A. Mechanical Equipment Screening. 1. Ground Mounted Mechanical Equipment Mechanical equipment and similar items shall be fully screened from public view iol a height equal to or greater than that of the mechanical equipment with a masonry screening wall constructed of like and similar materials to those of the primary structure. 2. Roof-Mounted Equipment a. Mechanical equipment and similar items mounted to the roof of a,structure shall be fully screened' on four sides to a height equal to or greater than that of the mechanical equipment; b. Said screen shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure; C. Portions of elements that extend more than five (5') ee,-above the roof elevation shall be set back one (1')foo of height for each one (1') oo of height they exceed the roof elevation. B. Trash Receptacle (Dumpster and Trash Compaction) Screening. 1. Trash receptacles shall not be placed in a yard which abutsapublic' ROW M mess deeme corner lot. For corner lots, trash receptacles are allowable on the lower RO lassification side provided ade uateNe,etatiue screenin is •rouided in excess of th elow Oil asonr LgI 2. Trash receptacles shall be fully screened by an eight (8') oo 'screen constructed of masonry materials of like and similar materials to those of the primary building elevations majority material on three(3) sides and an opaque gate on one (1) side. 3. Trash receptacles must be placed be a minimum of five (51) feet from property line. C. Categories of Outdoor storage and display per Article 9, such as an outdoor garden center or seasonal lay away areas, are permitted provided that outdoor storage area is completely enclosed within a decorative fence mounted on a knee wall and is screened. The use of a mesh cloth or shade cloth for screening is acceptable provided that the color of the cloth is complementary to the colors of the building.The use of chain link fencing to enclose such areas shall be prohibited,except at the rear of buildings where the back of the said building is fully screened or buffered. 8.2.2 Loading and Service Areas A. Loading and service areas shall be located at the side or rear of the primary structure. B. A minimum eight (8') oo solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall also be provided adjacent to any property zoned or planned for residential use as specified by the City's Future Land Use Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure. Screening walls constructed to meet other provisions of this UDC (i.e. buffering and landscaping requirements) may be counted toward this requirement provided that the spirit and intent of this section is satisfied. C. The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required. 8.3 Exterior Design Requirements 8.3.1 Exterior Building Materials (refer to Appendix C) A. ;I,t is encourage_ that all rimary and accessory buildings constructed in the MF-1, MF-2, C-1; C-2, C- 3, C-4, Mixed Use, Mand PF zoning districts and non-residential buildings, such as schools and churches, in residential zoning districts, shall have all exterior walls clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred (100%) percent of the wall-area, exclusive of all windows; doors, roofs, glass construction materials, or sidewalk and walkway covers. i t i 70a I RN i he exterior of the buildin is to include buildin aecents such as, but not limited to 1 lewever addit+ decorative metal, clay and/or concrete tiles, standing seam metal, exterior insulation finish s stem EIFS , decorative cast stone, and block glass, ed it i ecommended that such accent do not exceed = (15%) percent of the total exterior wall surface area. Building designs should incorporate accent materials that are typical of South-Central Texas and Cibolo, such as, but not limited to, standing seam roofs, decorative stone (limestone) and the like. These accents can be used in wainscot, pilaster, and vestibule design elements. Reference UDC Appendix C for additional details. ririh�_�IoTr�n 62 B. III encoura a that all primary and accessory buildings constructed in the 1-1 and 1-2 zoning districts, shall have all exterior walls clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred (100%) percent of the wall area, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers for facades visible to the public right-of-way and where .adjacent to an residential tonin district: dditionally; if the exterior of the buildin is+to inclutle buildin" scents>such as,�but6not lim fetl`to u^�^���;or �+ ' "`: decorative metal, clay and/or concrete tiles, standing seam metal, exterior insulation finish system:(EIFS), decorative cast stone,'and block glass, they'it is red-mmend_"etl_ that such accent" do-not exceed iftee (15%) percent of the total exterior wall surface area. Building designs should .incorporate accent materials that. are typical of South-Central Texas and Cibolo, such as; but not limited to, standing seam roofs,. decorative stone (limestone):and the like. These accents can be used in wainscot,pilaster, and vestibule design elements. This level of design shall wraparound facade corners visible from the right-of-way and any residential zoning district. r nnac"enry h.iilrlmnc pro not vic�nhl� �,�}f�K r'_ If encouraged exterior building materials are used, developer may be granted reductions to items such as but not limited to: landscaping, buffering and/or parking for overall development. Reductions will be approved per the Planning and Zoning Commission. 8.3.2 Exterior Architectural Elements The following architectural elements shall apply to all buildings constructed in the MF-1; MF-2, C-1.; C-2, C-3, C-4, Mixed Use and PF zoning districts and all non-residential buildings within any residential - - zoning district for building elevations that front on any public street. A. Windows (Fenestration) - - 1. Windows shall be provided with trim. 2. Windows shall_not be flush with exterior wall treatment. 3. Windows shall be provided with architectural treatments, such as mullions. 4. Total transparent windows shall comprise a minimum of twenty percent(20%)of the gross square footage of exterior building elevations or a transparent opening shall be provided everyr fifteen (15'), feet measured from jamb to jamb or the edge of the building. Z, A Shall not-s - o" B. Primary exterior wall colors shall be compatible with thecolors of buildings on surrounding properties. Where no surrounding color pallet exists; primary building colors should be.earth tones and other colors typical-for South Central Texas. City.-Council has approved exterior colors based on the Sherwin Williams Historic Color Palette https://www.sherwin- williams.com/homeowners/color/find-and-explore-colors/paint-colors-by-family#/section/historic found in UDC Appendix page 1. Fluorescent colors are prohibited. Colors used on roof materials are encouraged to contrast exterior building colors. ..Building elevations showing the proposed exterior wall and roof colors shall be submitted with the site plan application at the time of new construction as provided for by UDC Article 12. For commercial, Industrial and Institutional buildings that exist as of the passage of'this section, upon the repainting and/oe'alteration'of any structure, the paint and material color shall comply with Section B above and be submitted for review and approval by the Planning Director or designee. C: Vestibules/Canopies 1. Building entrances, vestibules and windows shall be accentuated with a canopy, awnings, upgraded building material or other accents to provide attractive building articulation elements. 2. Cano ',.es shall be constructed of marine fabric or like mafierials; y aooealef ",tri► 3. Canopies shall be discontinuous. 4. Canopies must provide a minimum vertical clearance of eight(8') ee above sidewalks and pedestrian circulation areas. D. Vertical and Horizontal Articulation 1. The building design must provide for vertical and horizontal articulation. Said articulation may be achieved using architectural elements such as reveals and shall address the visual impact of long uninterrupted walls. No uninterrupted length of any fagade shall exceed one hundred (100')fee . A minimum of two (2) of the following elements must be included: a) Variation in color and materials; b) Wall plane projections or recesses having a depth of at least three�3% en ofthe length of the-fagade and extending a minimum of twenty (20%) • ten of the length of the fagade not to exceed one hundred (100'),,ee ; c) Variation of a minimum of two(2')fee in height of parapets. Variation to parapet height may include pilasters and projected raised entrance features:-_ i. Pilasters projecting from the plane of the wall by a minimum of sixteen (16") riche The use,of pilasters to interrupt horizontal patterns such as accent banding is encouraged; Ji. Repetitive ornamentation including decorative applied_features such as wall- mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty (50') ee , d) Exposed Columns (Structural or Decorative) —Exposed columns shall be constructed or clad with a material that is of like and similar material to that of the primary structure. E. Roofs- - 1. Pitched Roofs. Pitched roofs shall have a minimum slope of seven (7)feet of rise for every.twelve(12)feet of run (7:12). Installed roofing shinglesmust consist of dimensional shingles-with a minimum manufacturers rating of thirty(30)years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval of the Chief Building Official, rit. En inee or designee; 2. Flat Roofs. Building walls-shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height and accented with crown molding to fully screen the roof and any . mechanical equipment located on the roof; 3. Pump islands and canopies for uses selling gasoline shall be subject to these design requirements. F. Plaza or Public Space 1. Projects in the C-1, C-2; C-3, C-4 M Mixed Use :zoning districts that involve a gross floor area in excess of forty thousand (40,000) square feet shall provide.one (1) square foot of plaza or public space for every ten (10) square feet of gross ground floor area. Plazas or public spaces shall incorporate at least three (3) of the following six (6), elements- a). Sitting Space — a minimum of one (1) sitting space for each two-hundred and fifty square feet shall be included in the plaza: Seating shall be a.minimum of sixteen (161) inches in height and thirty (301) inches in width. Ledge benches shall have a minimum depth of thirty (301) inches. b) A mixture of areas that provide shade. c) Trees in proportion to the space at a minimum of one(1)tree per eight hundred (800) - - square feet. d) Water features or public art: e) Outdoor seating areas or food vendors.or raised landscape:planters/seating. f) Public areas may be located next to buildings,or at any.location on the site. This requirement can also be satisfied by preserving stands of existing trees, wetland and greenspace along streams or as a part of storm water detention filtration areas. G. City Planner Discretion The City recognizes that all projects and buildings have unique-attributes that do not readily allow for complete compliance with all aspects of the requirements of this Article. In those instances, the City Planner is authorized to attempt to find design solutions that will satisfy the general spirit and intent of this Article. If a solution cannot be found-relative to any requirement in Section 8.1 or 8.2, the request shall be heard by the Board of Adjustment as a variance, with the applicant required to follow all variance procedure and fee described in Article M'of this UDC.,If the issue pertains to a requirement in:Section 8,3, the applicant can.request-an appeal of the interpretation of the City.. . Plan ne- or color varianc to:the Plan ninan ;Zoning Commission:.. he appeal ofJ inter retatio tan d colo variance re�uest will also follow ail .rocedures and fees as describe in Article 4 of this UDC. H,owl :the Planning and Zoning Commission or Board of Adjustment den, .the appeal0017 arianc ;"the applicant has ten (10) business days to file an appeal with the City Planner to request City Council consideration of the appeal color variant . ARTICLE 9. OUTDOOR DISPLAY AND STORAGE Section 9.1 General Any merchandise, material or equipment situated outdoors in the zoning districts described in this Article are subject to the requirements of this Article. For the purpose of this Article, outdoor storage and display are classified into three categories, as enumerated below in Section 9.3. Where practical, outdoor storage shall be designed to minimize the installation of impervious surfaces that result in greater storm water volumes and higher, erosive velocities by allowing parking lots, service roads, and other suitable areas normally covered with concrete and asphalt, such as outdoor storage areas, to utilize porous pavement, pavers, and other"green'design solutions provided that such alternatives designs are properly designed with highly durable materials in accordance with accepted engineering standards. It is preference.of the City that all outdoor storage be located on hard surfaces that do not generate dust. The City recognizes that there are uses that do not lend themselves to such a7 standard. When an owner proposes storage on pervious cover or fill,.the Cityreserves-the right to require the.,owner to submit for review and approval a dust control plan, per UDC Article 7.2.4(6); for any open outdoor storage use that may generate dust, with'respect to the material being stored or the proposed surface material. The.City q p g ntrol issues. may require the implementation of dust measures to mitigate dust co Section 9.2 Allowed Outdoor Display and Storage Three categories of storage shall be allowed in the Zoning Districts as designated by a "P"or"P-S" in the table provided below. A '?':indicates a:permitted use outright, while a "P-S" designation indicates a permitted use subject to.meeting all supplemental requirements of the use per UDC Article 6. Category C-1 C-2 C-3 C-4� T„ I-1,. 1-Z AG Outdoor Display P-S P-S P-S P Limited Outdoor Storage P-S P-S P-S P P P eneral Outdoor Storage P-S P P P ... Section 9.3 Categories of Outdoor Display,and Storage 9.3.1 Outdoor Display A. _ Outdoor display is display.of items actively for sale. B. Outdoor display, which is associated with the primary business on the site; shall be allowed adjacent to a principal building wall, and may not extend into the right-of-way. Such storage shall not be permitted to block.windows, entrances or exits, fire doors and shall not impair the ability of pedestrians to use the building. C. Outdoor display may not occupy more than 30 percent of the linear distance of a principal building wall. D. In the AG district;.outdoor display is limited to items harvested on the-property. E. Outdoor display and sale of seasonal garden center items, outside of the general building footprint on a'hard-surfaced area is-permitted and is further regulated in Article 6 of this:UDC. 9.3.2 Limited Outdoor Storage A. Limited outdoor storage is temporary storage of goods in individual packaging and not in storage containers. Organic materials stored on pallets are considered limited outdoor storage. B. In the C-2 and C-3 districts, outdoor storage and display is:permitted subject to-the Supplemental performance standards described in Article 8.2 of this UDC. The outdoor storage of lay away containers,-semi-trailers and similar containers shall be prohibited in the C-1, C-2 and C-3 districts and in C-4 districts that share a boundary with a residential zoning district, in which case the trailers may only be permitted if they are completely screened from view from the adjoining residential properties and/or positioned on the site where they cannot be seen from right-of-way or residential views. C. Limited outdoor storage shall not exceed 1,000 square feet or to (10%) percent of the total site - area (whichever is greater),:except in.the C-3 and C-4 Districts where additional outdoor storage and display is allowed, so long as it is completely screened from view outside the site by a solid opaque wall or decorative fence. Items stored may not protrude above the height of the fence unless the overall design of the building compensates for this additional height with screening or a location screened by another portion of the building rendering the storage area notreadily visible to public rights-of-way or residential uses.'The design of these areas must be integrated with the design of the building._Such area may extend from the primary building, but not for a distance. greater than 0(501)feet.' D. No limited outdoor storage shall.be permitted within the following areas: 1. A required.front or side setback; or 2. Between a front setback and the building front(excluding temporary outdoor seasonal sales); or 3. Between a side setback along a public right-of-way and any building or structure; or 4. Within the public right-of-way or fire access lane. E. Limited outdoor storage may not occupy more than shirt (30°/) percent of the linear distance along any principal building wall facing a public right-of-way. F. Limited outdoor storage shall not be. allowed in off-street parking spaces. G. In the-AG district, limited outdoor storage is restricted to any item" necessary for the use of the property for agricultural purposes. 9.3.3 General Outdoor Storage A. General outdoor storage consists of all remaining :forms of Outdoor Storage not classified as outdoor display or limited outdoor storage; including but not limited to items stored in shipping containers, conex containers and semi-trailers not attached to a truck. B. General outdoor storage is permitted in Zoning Districts C-41:1-1, 1-2 and AG. In the AG district, outdoor storage is limited to any item necessary for agricultural purposes. C. Notwithstanding the Temporary S ecia Use Permit's additional conditions,; general outdoor storage is allowed in unlimited quantity, provided that the business owner screens the storage from any public right-of-way by a seven (7') foot tall wall (overall height) made of materials that include, but are not limited to planting screens, masonry, redwood, cedar, preservative treated :wood or . other materials-as approved by the Director of Planning and Engineering or designee. D. General-outdoor storage is not permitted within in the following areas: 1. A required front or side setback; 2. Between a front setback and the building front; 3. Between a side setback along a public right-of-way and any building or structure; 4. General outdoor storage may not occupy more than ,hint (30°/) percent of the linear distance along any principal building wall facing a public right-of-way; and 5. No general outdoor storage shall be allowed in off-street parking areas, 9.3.4 Outdoor Display and Storage Requirements . A. All outdoor display and storage areas must be clearly shown in the submitted Bite glan. B. Unless specifically authorized elsewhere in the UDC, all outdoor storage and display shall be located outside the-public right-of-way and/or at least fifteen (15') feet,from the bac_ k edge of the. adjacent curb or street pavement and outside of any required landscape area. C. No form of outdoor display and storage is allowed in required side setbacks or buffer yards. D. Outdoor displays and limited/general outdoor storage.must comply with screening measures in.. accordance with UDC Article 8.2.1(C). 9.3.5 Exceptions A. Vehicles for sale as part of a properly permitted vehicle sales use (excluding boats, manufactured housing and RVs)are not considered merchandise, material or equipment subject to the restrictions of this Article but must be located and displayed on a paved vehicle use area, clearly indicated on the Site Plan, and screened under the same requirements for a parking lot.. B. Vehicles for sale.such as-boats, manufactured housing and RVs as part of a properly permitted vehicles sales uses shall not be subject to the restrictions of this Article but must be located and displayed on a paved vehicle area, clearly.indicated on the Site Plan, and screened under the same requirements for a parking lot. Outdoor display may not occupy more than fifty (506/6) percent of , the linear distance.of a principal building wall. C. Waste generated on=site and deposited in..ordinary refuse containers shall.not be subject to:the restrictions of this Article but shall be.subject to.the screening requirements of Article 8 of this UDC. . ARTICLE 10 - PARKING and LOADING SPACES Section 10.1 General 10.1.1 Applicability 10.1.1.1 Parking Required The parking and :loading standards of this Article apply to all new construction and any new use established. 10.1.1.2 Expansions and Alterations .The parking and loading standards of this Article apply when ari existing structure or use is expanded or enlarged. Additional' parking and loading spaces will be required to serve the entire building or use. The number.of _parking and loading spaces provided for the entire use (preexisting + expansion) shall equal at least 100 percent of the minimum requirement established in the Parking Requirements tables. 10.1.1.3 Impervious Surfaces ,arkin loading and outdoor storage per this Article shall be designed to minimize impervious surfaces that result in greater storm water volumes and higher, erosive velocities„ -allsA­ za ark ag !ots s ^�;s -” -rd, ^,�t" I' IG Develo ers..w,il utilize: orous pavement, avers, and. other reen Infrastructure (GL design. solutions FRUdem°` hic are'properly desi ned + able-"° �' in accordance with the1latest iteration of the San Anto io River Auth ri A`RA)'Low lm ac Develo rnent(L'I''D Technical Guidance Manual: _ � x:�; 10.1.2 Reduction to Below Requirements As a rule, existing parking and loading spaces may not be reduced below the requirements established in this Article. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this Article unless parking and loading spaces are provided in accordance with the provisions of this Article.However, should an applicant:propose a reduction in these standards based on 1) the particular nature of a use, 2) quantifiable parking need data, 3) the desire='to save protected trees or similar consideration; the City Manager or designee shall have the discretion to consider such a request. If an applicant is aggrieved by the decision of the City Manager or designee, the applicant would need to consider requesting a variance to deviate from the standards of this Article. Section 10.2: b. ._ Parking Requirements 10.2.1 Off-Street Parking The following table lists minimum off-street parking requirements.by use. In instances in which the listed .. use differs from the uses established in Table 0: Off-Street Parking Requirements, the City Manager or designee shall determine the appropriate classification for this table. Table 1: Off-Street Parking Requirements lResidential Uses Use General Requirement Additional Requirement SF; detached 2 per dwelling unit Plus, two (2) garage enclosed parking spaces . Residentiai Uses Continued Duplex 2 per dwelling unit Plus, two (2) garage enclosed parking . spaces SF; attached 2 per dwelling unit Plus, two (2) garage enclosed.parking spaces Townhouse 2 per dwelling unit Plus, two (2) garage enclosed parking space Condo, Duplex, Garden/Patio Home Two (2).per dwelling unit RV Park One(1) per dwelling unit 1.5 per 1-bedroom unit; 2 per 2- Plus, five (5%) percent of total number Apartment bedroom.unit; 2.5 per 2+ bedroom unit: of required spaces Upper story residential One (1) per bedroom Group homes of six or less One (1) per bedroom Plus, ten (10%) percent of total bedrooms Group homes of more than six, One.(1) per two (2) bedrooms Plus 1.5 per 2 employees arsons All other Group Living One (1) per two (2) bedrooms Plus 1.5 per 2 employees F'Deuedoper is required to demonstrate compliant-e with the above requirements of this Section durin the Land Plan phase with, a relirnina site lan, Com liance will be chat-ked on a er unit basis durin ubdivision •lattin �Commercial,and Utilities Use General Requirement Additional Requirement Major Utilities One(1) per facility Plus 1 additional per 250 SF GFA, one (1) per fleet vehicle Minor Utilities None One (1) per 100 square feet Eating Establishments GFA(includes any outdoor seating and waiting areas Entertainment, Outdoor One (1),per 250 ft2 GFA plus, one (1) additional space per two seats . structural area One (1) per three (3) persons Pius,:one (1) per 200 ft2 of designated seating Bar, Brewery or-Winery (based on max occupant load area/entertainment for building) Office One (1) per 250 ft2 GFA Medical Office Building One (1) per 200 ft2 GFA Plus 1:5 per 2 resident owners Bed and Breakfast One (1) per bedroom Use. General Requirement Additional Requirement All other Overnight One(1) per bedroom Plus 1:5 per 2 employees; One.(1) per 150 ft2 Accommodation conference space Parking, Commercial None Indoor entertainment One (1) per 250 ft2 GFA or, 1 Plus, one.(1.) additional per 500 ft2 GFA up.to 50,000 ft2 GFA; 1 per 1000 ft2 thereafter, activities per 4 seats for theaters excluding theaters Equipment sales and One (1) per 250 ft2 GFA Plus, one (1) additional per 500.ft2.GFA up to p leasing 50,000 ft2 GFA Shopping Centers larger One (1) per 225 ft2 GFA than 100,000 Square Feet Commercial and Utilities Use General Requirement Additional Requirement Health Club, Exercise Club One (1) per two (2) persons or Martial Arts (based on net square footage for area Health Spa One (1) per 200 ft2 GFA All other Retail Sales and One (1) per 250 ft2 GFA Service Self-Service Storage One (1) space per 50 storage units Car wash, full service One (1) per 150 ft2 GFA Shall meet off-street stacking space requirements from this Section. Car wash, self-service One (1) per facility Shall meet off-street stacking space requirements from this Section. Vehicle repair and body Two (2) per service bay Shall meet off-street stacking space requirements shopfacilities from this Section. Two (2) per service bay Shall meet off-street stacking space requirements Auto service facilities from this Section. Vehicle sales, rental or One (1) per 500 ft2 GFA Plus, one (1) additional per 1000 ft2 GFA outdoor leasing facilities indoor facility lot area All other Vehicle Sales and One (1) per 250 ft2 GFA Plus, five (5) additional spaces per service bay Service Industrial Uses. Use General Requirement Additional.Requirement Light Industrial Service, One (1) per 500 ft2 GFA Plus, one (1) additional_per 1000 ft2 GFA outdoor Manufacturing, and indoor facility, except indoor facility; 1 per 2,500 ft2 indoor storage area Assembly storage Warehouse and Freight One (1) per 500 ft2 GFA Plus, one (1) additional per 1000 ft2 GFA outdoor Movement indoor facility, except indoor facility; 1 per 2,500 ft2 indoor storage area storage . Mineral Extraction One (1) per 300 ft2 GFA Plus, 1.5 additional spaces per two (2) employees indoor facility Plus, one (1) additional per 1000 ft2 GFA outdoor Waste-Related Service One (1).per 250 ft2 GFA facility; 1 per 2,500 ft2 indoor storage area Section 10.2.1 Compact Parking Any developer may propose up to . ,enty (r2000) pe5LCen of above arking requirements to be devoted to compact-cars. For any compact parking proposals above , ent e2®% erten approval from the Planning and Engineering Director or designee will be-re uired and on a case by case basis Dimensions for compact spaces to be i�ht feet wide b, sixteen and a half feet dee (8' x 165) or a similar variation approved by Planning and Engineering Director or designee. Section 10.3 Alternative Parking Plan and Shared Parking 10.3.1 Alternative Parking Plan. An alternative parking plan may be approved by the City Manager or designee.for specific developments that are deemed to require a different amount of parking than the standards shown in the Off-Street,Parking Requirements table. The City Manager or designee shall establish conditions necessary to ensure the adequacy of future on-site parking when approving an alternate parking plan.Any alternative standard shall -meet the criteria below: A. The.use of.the building is specific and occupied by a single user; . B. The applicant provides a detailed breakdown of their parking- requirements indicating employee counts, shift distribution and visitor or customer needs; C. The applicant provides a site plan showing how additional parking to meet standard requirements would be provided if the use changed or parking needs increase. -10.3.2 Shared Parking. Required parking for one use may satisfy the requirements for another use if the non-residential uses have different peak hour parking needs and the following: A. The following documentation shall be submitted to the :City as part of the review process if requesting shared parking: 1. The names and addresses of the uses and the owners or tenants that are sharing the parking; 2. The location and number of parking spaces.that are being shared; 3. An analysis showing that the peak parking demands for the different uses occur at different times and that the parking area,will supply at least the minimum number of required spaces for - each use during its respective peak parking time; 4. A legal instrument such as an easement that guarantees access to the joint parking for all uses; 5. A shared parking agreement executed by all the users and the owner of the property proposed to be used for parking; and 6. .The agreement shall be notarized and recorded, with a provision that-the consent of the City must be obtained for termination of the agreement. B. In the event of the termination .of an existing shared parking agreement, a new shared parking agreement shall be executed within sixty (60) days:prior to termination. If a new shared parking agreement is not executed,then documentation shall be submitted to the City Manager or designee supporting that the uses on all affected,properties meet their respective parking requirements. This process of amending a shared parking agreement applies to all existing parking agreements impacted by sale, change of use, or expansions on any affected property. 10.3.3. Alternative Agreements. ..In limited cases, off-site parking agreements, reciprocal access, and parking agreements may be approved by the City Manageror designee. Section 10.4 Rules for Computing'Requirements The following rules.apply when computing off-street parking and loading requirements. 10.4.1 Multiple Uses. Lots containing more than one use shall,provide parking and loading in an amount equal to the total of the requirements for all uses. 10.4.2 Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of% or less will be rounded down to the next lower whole number and any fraction of more than %will be rounded up to the next higher whole number. 10.4.3 Area Measurements. Unless otherwise expressly stated, all square-footage-based parking and loading standards shall be computed on the basis of gross floor area,which for purposes of computing off-street parking requirements, shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include the area of each floor of the structure including all occupiable attic space used for active commercial space. 10.4.4 Occupancy-Based Standards. For the purpose of computing parking requirements based on employees, residents or occupants, calculations shall be based on the largest number of persons workingon any single shift, the maximum enrollment or the maximum fire-rated capacity,whichever is applicable and whichever results in the greater number of spaces. 10.4.5 Unlisted Uses. Upon receiving a development application for a use not specifically listed in the _Off-Street. Parking Requirements Table, the applicant will suggest an off-street parking.standard with data backed up by other city's ordinances and codes. If the City Manager or designee deems the applicant's suggestion unacceptable, he/she shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with an Alternative Parking Plan, as described in Section 10.3 above. Section 10.5 Location of Required.Parking Except where an alternative parking plan has been approved by the City Manager or designee, all required off-street parking spaces shall be located on the same lot as the principal use. Section 10.6 Parking Space and Parking Lot Design 10.6.1 Parking Space Dimensions Required off-street parking spaces shall have minimum dimensions of 9 feet in width by 18 feet in length, however staff encourages the use of larger spaces with dimensions of 10 feet in width by 20 feet in length. .10.6.2 Aisle Widths Drive aisle widths adjoining off-street parking spaces shall comply with the following standards in Table 3: . Table 3: Minimum Width for Specified Parkin in feet 900 750 600 450 or less 24 23 16 12 Note: Two-way aisles shall always-require a minimum width of 24 feet. When an aisle is designated as a fire lane see 10.6.3. All the above aisle standards assume that the aisle does not serve the dual purpose of being a fire lane. 10.6.3 Fire Lanes The fire code official shall designate the location of the fire lane(s). The width shall be considered the clear driving surface exclusive of shoulders and vertical obstructions. Drive aisles:may be use as dual fire lanes and drive aisles where required for use as a Fire Lane. Drive aisles used as dual fire lanes and drive aisles shall use the greater width specified for use in the UDC or International:Fire Code, The portion of the drive aisle used and/or needed as a fire lane shall be clearly marked as a Fire Lane in accordance with the International Fire Code. - Exception: The fire code official is authorized to increase the width of a fire lane where needed. 10.6.4 Markings A. Each required off-street parking space and off-street parking area shall be identified by surface markings at least 4 inches in width. Markings shall always be visible: Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles. B. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. 10.6.5 Surfacing and Maintenance A. All off-street parking areas, drive aisles; internal roadways, and loading areas for all uses shall always be paved and kept in a dust-free condition. The use of pervious and/or semi-pervious materials is permitted provided the areas are always kept in dust free condition. B. Parking lot pavement shall be designed in accordance with the Pavement Specification requirements of the Cibolo Design and Construction Manual for a Type A street,without bus traffic.The City Engineer reserves the right to increase.the pavement standards to a higher classification 'if the specific use of the site warrants a greater pavement structure reliability level. 10.6.6 Access and Circulation A. Required parking spaces shall not have direct access to a street or highway.Access to required parking spaces shall be provided by on-site driveways. Off-street parkingspaces shall be accessible without backing into or otherwise reentering a public right-of-way. B. Site Plans for retail developments greater than a cumulative 50,000 gross square feet shall designate a primary vehicle circulation route entering and exiting the development. C. Landscape median islands or end islands shall be immediately adjacent to the primary vehicle circulation route for the entire length of the route(excluding pedestrian access and the face of primary buildings). D. Parking is not permitted along primaryvehicle circulation routes in order to not cause overflow=stacking onto rights=of--way and primary circulation. routes. Parking is not permitted adjacent to the .entire elevation of a building which includes the primary pedestrian access in order to not cause internal circulation conflicts. 10.6.7 Tandem Parking Tandem parking in the Multifamily Districts shall be permitted only when it is located in front of a garage, which is attached to.a dwelling unit and the tandem space is assigned only to the dwelling unitto which the garage is attached. Section 10.7 Use of Required Parking Spaces A. Required off-street parking areas shall be used solely for the parking of licensed, motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of vehicles,. boats, motor homes, campers, mobile homes , or building materials, or for display or storage of vehicles for lease, sale or rent. Seasonal outdoor seasonal sales shall be considered an exception from this requirement, if operated in accordance with the temporary use requirements described in Article 6 of this UDC: B. Recreational vehicles shall not be stored on any lot (zoned SF-2 through SF-5 or CG2) or street- other treet other than a residential lot of the owner or a site specifically designed for,Vehicle Parking. Section 10.8 Vehicle Stacking Areas 10.8.1 Minimum Number'of Stacking Spaces - Off-street stacking'spaces shall be provided as indicated in the following Table 4. Table 4: Minimum Off-Street Stacking Spaces Activity Type Minimum Spaces Measured Form Bank teller lane 4 Teller or Window - .. Automated teller machine 3 Teller Restaurant drive through 6 Order Box Restaurant,drive through 4 Order Box to-Pick-Up.Window Auto service facility stalls; vehicle repair and body 2 Entrance to stall -shop stalls - Car wash stall, automatic 4 Entrance to wash bay Car wash stall, self-service. 3 Entrance to.wash bay: Gasoline pump island 2 Pump Island Other Determined by City Manager or designee Section.10.9 Design and Layout Required stacking spaces are subject to the following design andlayout standards. A. Size. Stacking spaces shall be a minimum of 10 feet by 20 feet in size. B. Location. Stacking spaces may:not impede on-or off-site traffic movements or movements into or out of off= street parking spaces. Section 10.10 Parking and Storage of Large Vehicles and Equipment Outdoor storage or overnight outdoor parking of tractor-trailers, semi trucks, semi-trailers, or other vehicles having a gross vehicle weight rating of 17,000 pounds or more, shall not be permitted in any residential district.or in the C-1, C-2, or.C-3 zoning districts. This prohibition shall apply to layaway storage containers, portable buildings, storage containers, any large-scale equipment of materials for sale in the establishment and any truck trailers. This prohibition shall not apply to pick-up trucks;or personal recreational equipment. :Construction equipment shall not be stored on lots in residential or commercial districts except during the period of permitted construction. Screening from public rights-of-way or lower intensity residential uses shall be required in multifamily developments for areas designated or available for parking and storage of recreation vehicles, boats, small trailers and other non-commercial equipment. Such screening shall consist of permanent material such as concrete, masonry, wood.; steel, etc. Section 10.11 Off-Street Loading 10.11.1 No Use of Public Right-of-Way At no time shall goods be loaded or unloaded from the right-of-way of any street. No part of any vehicle shall be allowed to extend into the right-of-way of any street while being loaded or unloaded. 10.11.2 Site Plan Required Plans for location,design and layout of all loading spaces shall be indicated on required Site flans. Loading space size shall be based on need and in accordance with standard engineering requirements as determined by the City Manager or designee. Section 10.12 Pallets and Bundled Refuse Pallets and related shipping items, as well as bundled refuse,.shall be contained within a ioncrete Masonry :.®nit or wooden structure and shall be screened from all public views. Section 10.13:Electric Vehicle and charging stations- :The City recognizes the importance of supporting emerging innovation in the auto industry and highly encourages the use of electric vehicles and their appropriate Charging Stations within non-residential developments. ARTICLE 11. Wireless Communication Facilities, HAM Radia Antenna, Satellite Dishes, Small-Scale Wind -Energ; Conversion Systems, Solar Arra s ection 11.1.0 Purpose and Applica6ili . Pur ose he purpose of this section is to establish guidelines regulating the location of-tele ommunication owers and antennas with the objective of minimizing their number, to protect and promote public afety, and to mitigate any adverse visual impacts on the community while promotingthe provisior f telecommunications service to the public.1 Compliance with Telecommunications Act he regulations contained in this ordinance have been developed under the followin enera uidelines as provided in the federal Telecommunications Act of 1996 1. Cities have local authority over "placement, construction, and modification" of cellula elephone facilities and other personal wireless telecommunication service facilities. Regulations "shall not unreasonablydiscriminate amongproviders of functionallye uivalen ervices.' 0. Regulations "shall not prohibit or have the effect of prohibiting,the provisions of persona fireless services.' "Denial shall be in writing and supported by substantial evidence.` Cities may not"regulate the placement, construction; and modification of personal wireles ervice facilities on the basis of environmental or radio frequency emissions to the extent tha uch facilities complv with the Federal Communication Commission's regulations concernin uch emissions.' Cities must distinguish between atraditional permit application review under 47 U.S: Code Sec, 32 c 7 or an eli ible facilt re uest ex edited review required by 47 IJ.S Code Sec. 1455: notwithstanding any other provisions for this ordinance,telecommunications towers and antennas when permitted by federal law and the laws of the State of Texas shall be regulated and governe by the following use regulations and requirements ection 11.1.1 Wireless Communication Facilities WCF Permitte WCF is permitted by right in all commercial (C-1, C-2, C-3 and C-4)zoning districts, all industria I-1 and 1-2) zoning districts, subject to the Locational requirements of Section 11.1.4. A WCF iE )flowed subject to the approval of a Conditional Use Permit in Agricultural AG and Public Facilities PF zoning districts ection 11.1.2 Non-Residential Wireless Communication Facilities WCF Definition For purposes of administering this article of the UDC,the following terms are defined as follows l ANTENNA ny device or system of devices, such as poles, panels, rods, reflecting discs, or similar o ther objects, used for the transmission or reception of electromagnetic si nals includin out not limited to radio waves and microwaves. �B. ANTENNA,AMATEUR RADIO ground-, building-, or tower-mounted antenna operated by a federally licensed am_ ateu adio operator as part of the Amateur Radio Service and as designated bV the Federa ommunications Commission (FCC)J - NTENNA ARRAY n Antenna Array is one or more rods, panels, disc or similar devices used for th ransmission or reception of radio frequency signals, which may include omni-directiona ntenna(rod),directional antenna(panel)and parabolic antenna(disc).The Antenna Arra oes not include the Support Structure defined below. D. COLLOCATION/SITE SHARING ollocation/Site Sharing shall mean use of a common WCF or common site by two or mor ireless license holders or by one wireless license holder for more than one type o Communications technology and/or placement of a WCF on a structure owned or operated )v a utility or other public entity, - HEIGHT - en referring to a WCF, Height shall mean the distance measured from round level t he hi hest oint on the WCF includin the Antenna Arra LATTICE TOWER guyed or self-supporting three-or four-sided, open steel frame structure used to su o telecommunications aqui Ment. MONOPOLE. structure composed of a singlespire used to support telecommunications equipment H. OMNI ANTENNA. thin, vertical, whip-like antenna that delivers omni directional signals. PRE-EXISTING SUPPORT STRUCTURES and PRE-EXISTING ANTENNAS ny support structure or antenna for which a building permit or specific use permit ha been properly issued prior to the effective date of this ordinance, including permitte support structures or antennas that have not et been. Constructed so Ion as sue approval is current and not ex ired. RESIDENTIAL DISTRICT. ,Any section of the City zoned for Single FamilV, Duplex, Multi-FamilV, Mobile Home an planned Development Residential. REVIEW PROCESS: . s used herein, Review Process shall mean those rocesses set forth in this UDC an ermittino re uirements of the Cit . SELF-SUPPORTING LATTICE SUPPORT STRUCTURE self-sup crtin o en steel frame structure used to support telecommunication quipmen M. SETBACK. etback shall mean the required distance from the property line of the parceI on which th CF is located to the Support Structure. SUPPORT STRUCTURE. . Support Structure is a structure designed and constructed specifically to support a ntenna Array, and may include a monopole, self-supporting (lattice) tower, 9 -wir upport tower and other similar structures t chrr n D v � cif' i=114XI r-u z, f e� { I�^} tent toh used to atf al antt ?S Atitng� tic tt:� krer tructur. ) shag.lae exclucf df`roml releffion 4 an ulorr: �ci"etc� �x ort�rdre� TELECOMMUNICATIONS FACILITY: ny unmanned facility consisting of equipment for the transmission, switching, and/or eceiving of wireless communications. Such facility may be elevated (either structure ounted or ground-mounted)transmitting and receiving antennas, low-power mobile radio ervice base station equipment, and interconnection equipment. The categories of facility ypes include both roof and/or structure-mount facilities and telecommunications suppor tructures. TEMPORARY ANTENNA. n antenna and supporting equipment used on a temporary basis in conjunction with ecial event emergency situation; or in case of equipment failure. . TEMPORARY WIRELESS COMMUNICATION FACILITY Temporary Wireless Communication Facility shall mean a_WCF to be placed in use for on undred twenty 120 or fewer da s. R. TOWER: stand-alone structure consisting of a support structure, antenna and associated :.. quipment. The support structure maV be a wooden -ole, monopole, lattice tower, -right tandard or other vertical su ort. TRANSCEIVER RADIO. Radio equipment rectangular in shape that attaches to lighting fixtures and/or uti'ity pole nd meets wind load re uirements. Transceiver radios ma have_ an attached omni irectionalwhi antenna. WIRELESS COMMUNICATIONS Wireless Communications shall mean any personal wireless services as defined in the elecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), pecialized mobile radio (SMR),, enhanced specialized mobile radio (ESMR), paging, and imilar services that currentl exist or that may in the future be developed WIRELESS COMMUNICATION FACILITY(WCF). .. - .... .. ... . IN facility that transmits and/or receives electromagnetic signals, including without imitation, antennas, microwave dishes, satellite dishes, radio; TV transmitter an roadcasting station, and other types of equipment for the transmission or reception oi. uch signals, monopoles or similar structures supporting the equipment, equipment ::.. . uilding, shelters, cabinets, parking area and other accessory construction. Including mateur and professional facilities. 11.1.3 Wireless Communication Facilit eneral Re ulation Antennas and support structures may be considered either principal or accessory use Antenna installations shall comply with all other requirements_of the UDC with th xce tion of those expressly specified within this Article. Applications for commercial antennas and antenna su ort structures shall include th ollowin 1. The distance between the proposed support structure and the nearest residentia unit and/or residential zoning district boundary line. An inventory or map of the applicant's existing support structures, antennas, o ites previously approved for such, either owned or leased, both within the city an ithin one mile of the city limits, including specific information about the location, eight, and design of each support structure.The separation distance between th roposed support structure or antenna and these support structures shall also b oted. Certification of the following That the applicant has sought and received all franchises or permits require y the City for the construction and operation_of the communication system. Identification of the backhaul provider and connectivity locations for th nstallation. Applicants must notify the city of any chane in collocation o ackhaul providers within 30 days of the chap e. Certification of the structural engineenn information including an industry tandard ole load anal sis if a . licable; A notarized statement from the applicant that the proposed support structur an accommodate the collocation of proposed additional antenna Information concerning the finished color; alternative design standards i licable , and method of fencing, if applicable.F The application may require a site plan and landscape plan in accordance_with thi UDC.: -Platting of the property maybe required in accordance with the UDC. D. All commercial signs, flags, lights and attachments, other than those required fo � �emergency identification, communications operations, structural stability, or as required fo flight visibility by the FAA or FCC, shall be prohibited on any antenna or antenna suppo Structure. Lights may remain or be replaced on li ht standards that are altered or re lace o serve as antenna support structures. E. All antennas must meet or exceed current standards and regulations of the FAA;the FCC, nd any other state and federal agency with regulatory authority over support structure nd antennas. If standards chane owners must comply within six months or as require by the regulating authorit ;F. A building permit is required to erect or install an antenna, antenna support structure; an related equipment, unless the particular antenna is exempt from regulation, as provide above. All installations must comply with applicable state and local building codes and th tandards published by the Electronic Industries Association. Owners shall have thirty(30' lays after receiving notice that an installation is in violation of applicable codes to full -omplyF- All support structures and antennas must be constructed and operated in a manner tha does not create electromagnetic or other interference with the City Gf-bale's radii frequencies and alis—safety mobile communications operations, includin telecommunications systems relating to public safety, as required by the FCC., N. No commercial antenna, antenna support structure, microwave reflector/antenna, o ssociated foundations or su orfi wires may be located within an required front side o ear and setback. All antennas and antenna support structures owned and/oroperated b a overnmenta nti shall be ermitted b ri ht in an zonin district. All antennas and su ort_structures must meet visibilit requirements as_defined in thi rticle. K. Safeguards shall be utilized to prevent unauthorized access to an antenna suppor tructure. Safeguards include those devices identified by the manufacturer of the.antenn upport structure utilized, a fence, climbing guard, or other commerciallyavailable safe evice. Climbing spikes must be removed after use. L. Temporary antennas shall only be allowed in the following instances: 1. In conjunction with a festival carnival or other similar activit In case of emergency as required by the Cibolo Police, Fire Depart o Guadalupe County Sheriff When needed to restore service on a temporary basis after failure of an antenn � -installation. The city must be notified within seventy-two (72) hours of th mplacement of a temporary antenna. If the temporary antenna is to be needed fol ore than seven days, then the provider must acquire a permit for the use. lowever, nothing in this subsection prohibits or requires additional permits fol activities described in Section 284.157 of the Texas Local Government Cod TLGC A building permit shall be required for all WCF towers, proposed antennas attached to a 1ternative tower structures or collocated on an existing tower N. No advertising shall be permitted on any WCF. No signs or illumination shall be placed on an antenna or tower unless required by the City TFCC, FAA, or other state or federal agency of competent jurisdiction. The Planning department may review the available lighting alternatives and approve the design tha ould cause the least disturbance to the surrounding uses and views. No new antenna tower exceeding fifty (50') feet in height shall be permitted unless th ower is designed and constructed to accommodate co-location. The owner of the towel and the property on which it is located must provide written documentation to the City tha he antenna tower is available for use by another telecommunications provider or user o reasonable and nondiscriminatory basis and cost. If the proposed tower location is to b eased, the applicant shall submit those portions of the lease document that demonstrat om liance with the requirements of this paragraphl LExemptions WCF facilities and towers installed by a governmental agency, hospital or similar entity for __�he purpose of providing public health safety and service shall be exempt from the hei ht oning district and locational requirements of these regulations.All technical and permittin re uirements shall be applicable. rAll antenna towers and WCF installations shall meet or exceed all standards and egulations of the Federal Aviation Administration (FAA), the Federal Communication ommission (FCC), and any other Federal or State povernment.aciencv with authority t e ulate towers antennas and WCF's. 1.1.4 Locational Regulation In order to protect the City's natural beauty and historic character no WCF unless ex ressl ---authorized under state or federal law. shall be in the following areas.-F- 1. reas:1. Within a one mile or a 5,280-foot radius measured from the intersection of th enterlines of the rights of-way of Main Street and the Seuthern Union Pacifi' ailroad Within a 500-foot radius of any District, structure or site designated as bein Historic by any lawfully authorized local state or federal historic preservatiol enc or entity_by law, including the City Within 500 feet of the centerline of`Cibolo Creek. Within 500 feet of rights-of-way of Interstate Highway 35 and Interstate Highway 10.The restrictions of this Section apply to all areas within the City limits except fo roperties and structures owned by the City of Cibele Location of a Wireles ransmission Facility on a municipally owned property or facility is submect t rp oval by the Cit Council Wireless transmission facilities are allowed by right, without a. Conditional Use Permit, on. any existing wireless towers or tanks, utility, lighting standard, sign support or other" appropriate structures provided that the antennas or related equipment or structures do no xceed, by 10 feet,the lesser of the height of the structure or the height limits of the highes termitted structure in the zoning district in which it is located provided that the applican ; , provide a:notarized statement of approval from the owner of the equipment or tower allowing Ee installation of the wireless equipment on an existing wireless tower or other structure as . pulated in this section. This requirement shall not supersede any requirements of this, ction that stipulate City Council approval on any facility or equipment owned by the City- A WCF with towers are allowed within any electric substation, within any Zoning District, provided that the antennas or related equipment or structures do not exceed, by 10 feet, he lesser of the height of the structure or the height limits of the highest permitted structure 'in the District in which it is located. Should the ,tower exceed the height limitation, an, pplicant may request a Conditional Use Permit for a WCF at this location, re ardless oll he zonin district: All free-standing towers (not mounted on rooftops or alternative tower structures) mus onforrn to the following,minimum tower separation requirement shown below. OWER SEPARATION REQUIREMENT OWE 50 fee 0-100 01-150 150 fee . EIGH 300' 00 50,1 1,000 ;'60-100 00 50. 11,00011, 1,500 01-150 75U 1,000 f1,500 ,000 150 1,0001 11,5001 ,0001 2,500! D. Towers that are designed using alternative or stealth designs as defined by this Article ma e considered for an exemption from the above spacing requirements. The use of a Iternative, or stealth design, is encouraged for all antenna support structures, antennas,. nd supporting equipment and is required when mounted on rooftops, streetlight, parkin of light standards and other similar architectural and infrastructure structures.Towers shat e painted a neutral color, unless other designs, and colors are required by the Federa viation Administration for safety purposes-F X11.1.5 Section 6409Proceduresfor Expedited Review of Eligible Facilities-Reques This Section implements Section 6409 (a) of the Middle Class Tax Relief and Job Creation Act o 2012 (47 U.S. Code Sec. 1455), as interpreted by the FCC's Acceleration of Broadban Deployment Report and Order (FCC's Order), which requires a state or local government t pprove any Eligible Facilities Request for a modification of an existing tower or base station tha oes not result in a substantial change to the physical dimensions of such tower or base station. hese definitions and related Section 6409 procedures only apply to the city to the extent the FCC' rder preempts existing city procedure Eligible facilities request (Section 6409) Definitions. For the purposes of a persona fireless facilities siting permit under Section 6409(a), as interpreted by the Federa Communications Commission's("FCC")in the 2014 Infrastructure Order,which is asserte to be a qualified application for a Section 6409 eligible facilities re uest the_ followin efined terms shall be used- 11. Base station. structure or equipment at a fixed location that enables FCC- licensed o uthorized wireless communications between user equipment and communications network. The term does not encompass a tower as defined i ubsection (a)(1)a, below or any equipment associated with a tower. Base station ncludes without limitation: Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless service nd fixed wireless services such as microwave backhaul. b Radio transceivers,antennas, coaxial or fiber-optic cable, regular and backu power supplies, and comparable equipment, regardless of technologica configuration (includinq distributed antennas stems "DAS" and small-cel networks Any structure other than a tower that, at the time the relevant application i filed with the city, supports or houses equipment described in subsection (a)(1)a and b, that has been reviewed and approved under the applicabl oning or siting process, or under another state or local regulatory revie rocess, even if the structure was not built for the sole or primary purpose o providing that support. The term does not include any structure that, at th tme the relevant application is filed with the city does not support or hous ui ment described in subsections a 1 a and b of this section- (Z. Collocation. The mounting or installation of transmission equipment on an eligible suppo structure for the purpose oftransmitting and/or receiving radio frequency si nal or communications purposes Eligible facilities request. My request for modification of an existing tower or base station that does no ubstantialf chane the h sical dimensions of such tower or base station involvin Collocation of new transmission equipment Removal of transmission a ui menta o Replacement of transmission e ui ment. Eligible support structure. ny tower or base station, as defined in these Section 6409 Definitions if it i xsting at the time the relevant applicationjs filed with the cit Existing constructed tower or base station is existing for purposes of Section 6409 if i .; as been reviewed and approved under the applicable zoning or siting process, o under another state or local regulatory review process, provided that a tower tha as not been reviewed because it was not in a zoned area when it was built, bu was lawfully constructed, is existing for purposes of Section 6409. Site. For towers other than towers in the public rights-of-way, the current boundaries o - . the leased or owned property surrounding the tower and any access or utilit easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmiste equipment already deployed on the ground. Substantial than e. modification substantially changes the physical dimensions of an eligible suppo tructure if it meets any of the following criter.ia--F. For towers other than towers in the public rights-of-way, it increases the heigh f the tower by more than ten percent or by theheightof one additiona antenna array with separation from the nearest existing antenna not to excee (twenty (20') feet, whichever is greater; for other eligible support structures, i increases the height of the structure by more than ten percent,or more tha ten feet, whichev_er_is greaterq For towers other than towers in the public rights-of-way, it involves adding a ppurtenance to the body of the tower that would protrude from the edge o the tower more than twenty (20') feet, or more than the width of the towe Structure at the level of the appurtenance; whichever is greater; for othe ligible support structures, it involves adding an appurtenance to the body o he structure that would protrude from the ed a of the structure b more_than ix feet CnY-vr any Eligible support structure, it involves installation of more than th tandard number of new equipment cabinets for the technology involved, bu of to exceed four cabinets; or, for towers in the public rights-of-way and bas tations, it involves installation of any new equipment cabinets on the groun f there are no pre-existing ground cabinets associated with the structure, o else involves installation of ground cabinets that are more than ten percen Zh ger in height or overall volume than an other round cabinets associate the structure? It entails any excavation or deployment outside the currentsite It would defeat the concealment elements of the eligible support structure; o It does not comply with conditions associated with the siting approval of th (construction or modification of the eligible support structure or base statin equipment, provided however that this limitation does not apply to an modification that is noncompliant only in a manner that would not exceed th thresholds identified in subsections (a)(7) a—f, above.. Transmission a ui ment. Equipment that facilitates transmission for any FCC- licensed or authorize wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic able, and regular and backup power supply. Th term includes equipment associated with wireless communications service ncluding, but not limited to, private, broadcast, and public safety services, as wel s unlicensed wireless services and fixed wireless services such as microwav backhaul Tower. ny structure built for the sole or primary purpose of supporting any FCC-license r authorized antennas and their associated facilities, including structures that ar onstructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireles gervices and fixed wireless services such as microwave backhaul, and th ssociated site. L�. Eligible facilities request Section 6409 app-lication review 1. P► lication. he city shall prepare and make publicly available an application form which shal e limited to the information necessary for the City to consider whether a application is a qualified eligible facilities request. The application may not requir he applicant to demonstrate a need or business case for the propose odification Type of review; Upon receipt of self-described application for an eligible facilities request, the designated city department shall review such application to determine whether the application qualifies as a Section 6409.eligible facility request, in accordance wit he 2014 Infrastructure Order. Timeframe for review. ithin 60 days of the date on which an applicant submits an application seekin pproval, the city shall approve the application unless it determines that th lication its not a qualified Section 6409 eligible facilities request Tolling of the timeframe for review: The sixty (60) day review period begins to run when the application is filed an may be toiled only by mutual agreement by the city and the applicant, or in case `here the city determines that the application is incomplete. The timeframe fol review is not tolled by a moratorium on the review of a lications. To toll the timeframe for incompleteness, the city must provide written notic o the applicant within thirty(30) days of receipt of the application, specificall �elineating all missing documents or information required in the application.' The timeframe for review begins running again when the applicant makesA. upplemental submission in response to the city's notice of incompleteness] Following a supplemental submission, the city will notify the applicant within en days that the supplemental submission did not provide the informatio dentified_in the original notice delineating missing information. The timefram s tolled in the case of second or subsequent notices- pursuant to the rocedures identified in subsection(4)b of this section. Second or subsequen otices of incompleteness may not specify missing documents or informatio hat were not delineated in,the original notice of incompleteness.�� �. Failure to act` In the event the city fails to approve or deny a request seeking approval of a Iigible facilities request within the timeframe for review(accounting for any tolling) he request shall be deemed granted. The deemed grant does not become ffective until the applicant notifies the city in writing after the review period ha x fired (accounting for any tolling)that the application has been deemed granted Remedies. �pplicants and the city,may bring claims related to Section 6409(a)to any court o om etent"urisdiction Interaction with Section 47 U.S. Code Sec. 332 c 7 If the city determines that the applicant's request is not a Section 6409 eligible facilities request,the presumptively reasonable timeframe under'Section 332(c)(7), s prescribed by the FCC's Shot Clock order, as interpreted by the 201 infrastructure Order, will begin to run from the issuance of the city's decision thall he application is not an eligible facilities request.To the extent such information i Oecessary, as determined b the city the city may request additional informatio rom the applicant to evaluate the application under Section 332(c)(7), pursuant t he limitations applicable to other Section 332(c)(7)reviews presumabl 150 da s r 90 days if for collocation. 11.1.6 Principal,Accessory and Joint Use Structures and Stora -e ccessory structures used in direct support of a tower are allowed, but such structure ust not be used for offices, vehicle storage, or other outdoor storage. Mobile or immobile quipment not used in direct support of a tower shall not be stored or parked on the site o he tower, unless repairs to the tower are being made. Towers in Relation to a Princi all Use Towers may be located on sites containing another principal use in the same buildabl area. Towers may occupy a parcel meeting the minimum lot size requirements for th Eoning district in which it is located. For a monopole tower,the minimum distance betwee he tower and any other principal use located on the same lot shall be twenty 20% ercen pf the tower height or twenty-five 25' feet whichever is reater. C. More Than One Tower on One Site_ To minimize the number of WCF locations across the City, placement of more than on ower on a single lot is permitted, provided all setback, design and landscape requirement re met as to each tower. The structures may be located as close to each other a echnically feasible, provided tower failure characteristics of the towers on the site will no Dead to multiple failures in the event that one fails. The tower separation requirements ar Leu maticall waived for such instances and the formal grantingof a variance shall not b ired.: DSupport Buildings and Equipment Storage upport buildings and equipment storage areas or buildings must meet the followin equirements 1. When these structures are mounted on rooftops, they must be screened by arapet wall or other mechanical unit screening. Existing mechanical uni creeping may be utilized if it provides screening in accordance with the standard f this Article and other a licable screenin re uirements of the UDC. When these structures are ground mounted they must comply with the followin : Meet all'applicable front side and rear yard setback re uirements. bj_Be of a neutral color and use exterior building materials that are compatibl With surrounding structures. Be screened by an evergreen landscaping per the requirements of UDC Articl 17 or a by a solid masonry fence six feet in height. Landscaping must b rrigated and maintained in a living, growing condition. Wood and chain lin ences are prohibited. Decorative wrought iron may only be used i -oniunction with an opaque landscape screen. 11.1.7 Tower Owner Res onsibilitie Any permit which is granted for a new tower is specifically subject to the condition that th tower owner abides by the following provisions relating to shared use re ardless o Nether the ordinance granting the permit contains the conditions: 1. The tower owner must respond in a timely, comprehensive manner to areues or information from a potential shared use a licant. The tower owner must ne otiate in good faith for shared use by third arties an The tower owner must allow shared use where the third party seeking the USE agrees in writing to pay reasonable, pro rata charges for sharing, including al harges necessary to make modifications of the tower and transmitters t accommodate the shared use, and to observe whatever technical requirement,-: re necessaryto allow shared use without creating interference: B. _Compliance Required he willful failure of an owner whose tower was approved under this article to comply wit he requirements of this section is grounds for withholding approval of any application b 'he owner for a building permit for the approved tower; for revoking permits granted forth ower, and for refusing to approve requests for any new WCF tower or antenna at othe location in Cibolo. 11.1.8 Mounting,Standard WCF may be located on the roof of any Non-Residential and non-historic building, withi zany Zoning District,provided the WCF does not exceed, by ten feet,the lesser of the hei h .of the building or structure or the height limits of the district in which it is located. 13. WCF may be mounted on the exterior of any Non-Residential and non-historic building, ��vithin any Zoning District provided the antenna orantenna support structure or equipment: 1. Is mounted flush with the exterior of the building or that it projects no more tha 4 inches from the surface of the building to which it is attached and does no xceed height restrictions established in this part of the Code and that sai ,projection is at least fifteen I F feet above rade: an Is textured and colored so as to blend with the surrounding surface of th building: - A WCF, with or without towers, is allowed on municipally owned properties and structure ubjectto approval of a lease orpermit b the Cit Councilspecifying WCF location,desi n, nd other restrictions. D. __ A WCF may be located in the areas set forth in paragraphs A and B above provided tha Ithey comply with all other standards regarding height requirements; collocation; structure br sites,- setbacks and site development requirements of this UDC or other applicable law. 11.1.9 Professional Engineering Report A�ineesr sional Engineering Report from a professional structural, radio and /or electrics s licensed in the State of Texas shall be submitted documenting the following: P. Tower height and design, showing a cross-section of the tower structure Total anticipated capacity of the tower structure including the.number and t e_ f antennas which can be accommodated. A letter of intent to lease excess space on the tower and to lease additional exces taructurally nd on the tower site when the shared use otential of the tower is absorbed,, i and technically possible. No new antenna tower shall be constructed unless the applicant has adequatel escribed the efforts and measures taken to pursue location collocation and ha dequately explained why co-location was not feasible. The suppliel ocumentation should describe the followin The proposed antennae would cause unacceptable interference with th peration of other existing or planned equipment on an existing or approve antenna tower or alternative tower structure, as documented by a qualiif e icensed engineer, and that the interference cannot be prevented or eliminated t a reasonable cost as determined by aualified licensed engineer, The planned equipment cannot be accommodated on existing or approve antenna towers or alternative tower structures due to structural deficiencies a ocumented by a qualified licensed engineer and that such deficiency canno e eliminated at a reasonable cost as determined by a qualified license n ineer. The existing or planned equipment on an existing or approved antenna towe r alternative tower structure would cause unacceptable interference with th qupment proposed by the applicant as documented by a qualified license ngineer and that the interference cannot be prevented or eliminated at easonable cost as determined by a qualified licensed engineer The fee costs required to share an existing antenna tower or adapt an existind. ntenna tower for sharingwould exceed the cost of constructing ane The tower. �. Antennas, antenna towers and equipment buildings shall be located to minimiz- .heir number, height and obtrusiveness to minimize visual impacts on th urrounding area, considering the applicant's economic, technological', legal an egulatory requirements for a specific site and in accordance with the followin :;itv policies.-I The applicant shall ensure that the height of antennas and antenna towers ar o greater than required to achieve service area requirements and potentia co-location., 6 The applicant shall demonstrate that the selected site for a new antenna o ntenna tower provides minimal visual impact on residential areas and th ublic right-of-way by analyzing and documenting the potential impacts frorr ther vanta a oints in the area. The applicant shall make every reasonable effort to design, construct, an ocatenew antennas or antenna towers to blend into the character an nvironment of the area in which they are located Any other information which may be requested by the City to fully evaluate an ,eview_the application and the potential impact of a proposed tower or antenna. Unless prohibited by other law, the applicant shall reimburse the City for the actual cos ncurred by the City for the services of a radio or electrical engineer or other qualifie onsultant, should one be required, to review the application and provide engineerin xpertise. However, any information submitted by an applicant that bears the seal of ualified professional will be presumed to be accurate and correct. 11.1.10 Collocatiork To minimize the number of wireless facilities that need to be sited, applicants should ooperate with other service providers in collocating additional antennas on existing tower and/or structures to the extent that collocation is reasonably economical and technical) easible.Applicants shall exercise good faith in collocating with other providers and sharing the permitted site. Good faith includes sharing non-proprietary technical information t evaluate the feasibility of collocation. 8. Service providers should, to the maximum extent feasible, promote collocation o antennas by multiple providers through the use of nonexclusive agreements for antenn sites, relocation and reconfiguration of antennas to accommodate additional users, utilization of current technology to maximize antenna separation and minimiz antenna/tower hei ht and obtrusiveness and ensure building support structures are o sufficient strength. C. The City encourages that each WCF be constructed in such a way that the structure can support additional antenna systems having the same or similar wind and weight loadin characteristics of those that are proposed by applicant. Tower space on existing tower should be provided on a reasonable, proportioned cost basis to other service provider who seek use of the structure, unless it would result in the creation of a level of radio frequency interference which would degrade applicant's services. 1.1.11 Setback Require iNo permit for a WCF tower shall be approved or issued unless the proposed WCF is in compliant I vith the applicable provisions governing setback distance requirements, which are as follows: Monopole Towers he distance between the base of a single monopole, and all Residential Districts or use must not be less than 1. The height of the WCF tower for towers under 60 feet One-and one-half times the height of the WCF tower if the height of that tower i ver 60 feet, but not over 90 feet; Two times the height of the WCF tower if the height of that tower is over 90 feet feat;iibut not over 120 ,-Two-and one-half times the height of the WCF tower if the height of that tower i ver 120 feet, but not over 150 feet; o �. Three times the height of the WCF tower if the height of that tower is over 150 feet. B. All distance measurements referred to in this section shall be the distance of a straigh ��horizontal line from the center of the base of the WCF to the center of the residential to inus fifty(50')feet or the closest residential property line, whichever results in the greates istance from the WCF and the nearest outer wall of a residential structure or residential) oned pro ert line: Safety issues will be fully addressed by applicants for a WCF siting.WCF should be locate in such a manner that if the structure should fall along its longest dimension it will remai 'Within the owned or leased property boundaries of the service provider and will avoi .. structures, public streets, and utility lines.If a proposed WCF has a potential for affecting nearby property or structure upon collapse or scattering of equipment debris the situation Must be addressed by the appjicantF; D. Property uses and distances referred to in this Section shall be determined as of the dat :: nd time that the com feted WCF ermit a licaton is filed: �E. Equipment enclosures shall be set back from _property lines per applicable distric regulations. L11.1.12 Fencing Requirement i The base of a WCF with a tower, including all mechanical equipment and accesso tructures, must be completely enclosed by a fence, wall, or barrier which limits climbin access to such WCF and any supporting systems, lines, wires, buildings or othe tructures,. The base must be fully screened from view of residential structures; residentially zoned properties, or public roadwa s by a substantially opaque screenin ence designed and built to provide privac : B. The fence shall be a minimum height of ei ht 8' feet and consistent in color and characte. 4vith surrounding structures andro erties p p D. The fencing shalt have,no o enin s, holes,or a s lar: er than four 4" inches measured i n direction. The fencing may contain gates or doors allowing access to the WCF and accessorV tructures for maintenance purposes;such gates or doors shall be kept completely close �nd locked except for maintenance purposes and shall be located so that all gates an oors do not intrude into the public ri ht-of-wa The use of razor wired fencing and concertina razor wire fencing shall be expressly . rohibited, unless such fencing is a requirement of the State of Texas or U.S.Governmen or certain uses for securit ur oses. F. The requirements of this Section do not apply to: WCF located on buildings or structures that.are not designed or built,primarily t support a WCF, provided that the general public has no physical access to th CF, and adequate safety measures are taken to prevent access b nauthorized Personsi Legally existing WCF having security fences at least:six feet in height;_an Wireless Transmission Facilities with towers that are sufficiently camouflage r disguised such that the City determines that a security fence is unnecessary nd/or would cause the tower to be unnecessarily more obtrusive. 11.1.13 Maintenance and Ins actio The owner or operator of a WCF shall be responsible for the maintenance of the WCFan hall maintain all buildings, structures _supporting structures, wires fences, or grouni areas used in connection with a WCF in a safe condition and in good working order, a required by city building, fire, or any other applicable codes, regulations or ordinances o Io standards that may be imposed by the City at the time of'the granting of a permit. Suc maintenance shall include, but shall not be limited to, maintenance of the paint, landscaping, fencing, equipment enclosure, and structural integrity. If the City finds tha he WCF is not being properly maintained,the city will notify the owner of the WCF of th roblem. If the applicant fails to correct the problem within thirty (30) days after bein otified, the City may undertake maintenance at the expense of the applicant or revok he ermit- at its sole option] B. By applying fora WCF permit under this article,the applicant specifically grants-permissio o the City, its duly authorized agents, officials, and employees,to enter upon the propert or which a permit is sought, after-first providing a reasonable attempt to notify a perso esignated by the applicant,except in the event of an emergency,for the purpose of makin' II inspections required or authorized to be made under this part of the Development Code. he City may require periodic inspections of WCF to ensure structural integrity and othe ode compliance. Based u on the.result of an inspection, the City may re uire repair o removal of a WCF: 1.1.14 Radio Frequency Standard The applicant shall comply with federal standards for radio frequency emissions and mus ubmit a signed statement that the proposed site fully complies with federal standards fol adio frequency emissions.The City reserves the right to request a sealed report from egistered radio frequency engineer that provides the estimated cumulative fiel _ easurements of radio frequency emissions of all antennas installed at the subject site an :, ompares the results with established federal standards. Said report shall be subject t eview and approval by the City for consistency with federal standards. If on review the Ci inds that the proposed or established WCF does not meet federal standards_ the City ma en or revoke the permit,whichever is a licable. The applicant shall ensure that the WCF will not cause localized interference with th ecepti'on of area television or radio broadcasts, or other legally existing WCF. If on reviem. hCity finds that the WCF will 'interfere with such reception, it may deny the permit. rference occurs after the permit is issued and the problem is not corrected within si x 5days,-the City may revoke the permit.F 11.1.15 Visual !m act Materials and Colors 1. Towers must either maintain a galvanized steel finish or, subject to any applicabi tandards of the FAA or other applicable federal or state agency and may b ainted a neutral color to reduce visual obtrusiveness. At a tower site,the design of the building and related structures must lase materials, olors, textures, screening, and landscapin that will blend the tower and facilitie o the natural settingand built environment. if an antenna is installed on a .structure other than a tower, the antenna an supporting electrical and mechanical equipment must be of a neutral color that i identical to, or closely compatible with, the color of the supporting structure so a o make the antenna and related equipment as visuallyunobtrusive as ossible. R. _.Height_and_Design._ 1. Towers constructed at the same site must be of similar height and design. Towers must be the minimum height necessary to provide parity with existin imilar tower supported antenna and must be freestanding where the ne ativ '�___tisual effect is less than would be created by,use of a quypd tower. 11.1.16 Securit ntenna towers shall be secured to protect against trespass or unauthorized use of the property ntenna tower, or related buildings and structures on site.At a minimum,towers shall be equippe ith an anti-climbing device and enclosed by_security fencing and a locking ate_ not less than si 61feet in hei ht. 11.1.17 S p e c i f i c Development Standard Wreless transmission facilities shall conform to the following site development standards. All towers must be of monopole construction and be as least obtrusive as possible. At minimum, antennas must be flush with the tower; To minimize potential safety hazards, WCF with towers shall be setback from residentia tructures or residentialiyzoned property lines as required in this section; All lots on whi�h�,' F are located must have access to a public right-of-way accepted b he a ro riatrnmental nricnc . D. A WCF shall be designed and placed on the site in a manner that takes maximu dvanta a of existin trees; mature ve etation, and structures to: 1. Use existing site features to screen as much of the total WCF as possible fro public view; Use existing site features as a background so the WCF blends jnto th ack round with increased sight distances;an 0. To the degree technically feasible,locate on a portion of the site that is effectivel solated from view of residential areas by structures or terrain features unles he WCF is integrated or act as an architectural element of the structure such a flag pole or parking lot light or are effectively screened through installe andscaping or other acceptable screening. D:hDr A WCF having towers viewable from a residential structure, residentially zoned propert public roadway shall be landscaped along the perimeter of the WCF fencing. Further, e use of existing vegetation shall be preserved to the maximum extent practical and may be used as a substitute for or in supplement towards meeting landscap-ing,requirements. The installed landscaping requirements include: 1. A row of shade trees a minimum of one-inch caliber shall be planted around th erimeter of the fence with a maximum spacing per Section 17.1 of thi rdinance, A continuous hedge of one-gallon sized minimal evergreens shall be ptante _]plong the perimeter of the WCF; an All landscaping shall be drought-resistant or irrigated and ro erl aintained to ensure good health and viability F. The City may consider waiving landscaping requirements if the design of the WCF towel s such that landscaping would cause the tower to be more obtrusive, if the tower i ntegrated or acts as an architectural element of a structure such as a flag pole, parkin ot light, bell tower, or other similar structure and/or the Uity determines landscaping t e unnecessa A WCF with a tower shall conform to the fence standards established in this section. Equipment enclosures of a WCF that may be seen from a residential structure, residentiall zoned property or public roadway, are encouraged to be located underground, if sit 'conditions permit. If the equipment enclosure is not put underground,then it must be withi the building in which the antenna is mounted or in separate equipment enclosure whit atches the existing building or surrounding structures in character and building materials: I. All signs, flags, lights, and attachments other than those required for communication perations, structural stability, or as required for flight visibility by the Federal Aviatio , dministration FAA and Federal Communications Commission FCC shall be rohibite_ n any WCF. Applicant shall identify to the City any structures in the vicinity which the applicant, 'nvestigated for possible use that have not been addressed otherwise in the application. 1.1.18 Submittal Re uirement Service Providers proposin to opera e a WCF shall ensure and submit io- emonstratinql monstratin I. That the tower will be erected and operated in compliance with current FCC an ,FAA rules and regu_I_ations and other applicable federal, state, and local standards; That all back-haul providers are identified and have all the necessary approvals t Aerate as such, including holding_necessary franchises, permits, and certificates, A notarized statement si n_ed_by t_he.WCF tower operator,the tower owner and th andowner that indicates The extent to which all agree to allow collocation of additional WCF equipmen y other service providers on the applicant's structure or within the same sit ocation on a reasonable and non-discriminate basis; An understandin of the requirements of this Article for maintenance an jns ections.; An understanding that if the service provider fails to remove the Wireless .Transmission Facility upon sixty (60) days of its discontinued use, th kresponsibility for removal falls upon the landowner, and in the event the WC s not removed within another sixty (60) days, the City may remove the WC .and recover the costs associated with such removal from the landowner an lace a lien on the propeqy until such costs are aid. Service providers shall submit updated notarized_ statements as required abov henever ownership or operators chan e. A certification and sealed report-from a registered professional engineer stating Cha II structural components of the WCF comply with all applicable codes an regulations. In the case of WCF towers, the report should further note the extent t hich the tower is designed and/or built to accommodate collocation. 0. Service providers wishing to establish a.WCF shall: 1. Se eall necessa approvals_ and permits needed to operate and construct Fully and accurately complete a_questionnaire supplied by the City;i 0. ComNy with all ordinances of the Ci Pay all related development and permit application feesi S If applicable, reimburse the City for actual costs incurred by the City for radi Frequency evaluations, structural engineering reviews and/or any other service hat the City may deem necessary to review and process the application-an Provide the City with: A-- master antenna plan, including detailed mapsd 11. Showing the precise locations and characteristics of the proposed and al xisting WCF's in the City and in its extraterritorialjurisdiction E( TJ) II. Indicating coverage areas of the proposed and existing sites within th_e Ci �nd its ETJ; III. Showing topography and the area of wireless coverage to be provided from th =roposed site, as well as the location of wireless service a s and areas wher xisting wireless coverall is less_than optimal;andg� IV. For WCF that will include a tower in excess of 90', as measured frorr rade, submit scientific and/or engineer reports that demonstrate ho tdditional tower height will either provide more complete wireles sransmission coverage of the City and the Cibolo ETJ, or result in fewe owers to provide complete coverage or is required to compensation fol 'opographic coverage challenges or some other wireless technolo ur ose. Updates of the above documents shall be filed with the City as t ey becom vailable. Photo simulations of the proposed WCF from varying points and distances, ncluding affected residential properties and public rights-of-way. The phot simulation shall include a diagram or_map indicating points from where th Photo_simulations are taken. Site and_landscaping plans indicating: I. The specific placement of the WCF and related structures on the site; I. The location of existing trees,and other significant site features; `III. The type and location of landscaping proposed for screening; IV. The color(s) for the WCF and proposed antenna and other mounte ui menfi V. Architectural and structural drawings for the ro osed site. 1.1.19 Notice Re uirement he notice requirements of this section apply only to applications for which a Public Hearing i required and when.a proposed WCF tower is proposed to be located within 200 feet, or a distanc qual to twice the height of the ro osed WCF_tower,whichever is reater,of a residential structur r residential) zoned ro,e . Notice 1. Written notice of the filing of each application for a WCF permit shall be given t he owners, as is indicated by the most recently approved tax rolls; of all prope �nrithin a distance of 200 feet, or a distance that is equal to twice the height of th proposed Wireless Transmission Facility,whichever is greater; from the propose, Wireless Transmission Facility site. The required written notice, which will b ailed out by the City,shall be in a form prescribed by the UDC and shall be maile y depositin the same in the United States Mail, per the notice requirements of his UDC: Written notice shall be published by the City at least once in a local newspaper o general circulation within the City not later than the seventh calendar day followin he date of filing of the required completed application. Such notice shall b published in the section of such newspaper in which other legal notices ar -ommonly published-F— The""written notice""required above shall include the followin The name, signature, address, an telephone number of the person o_r entit e resentative that will own the ro osed WCF• qT _he name,address,and telephone number of the applicant if different from th wner of the proposed WCF The approximate proposed location of the WCF'structure, including the stree ddress (or nearest street intersection) and the name of the subdivision o urve if there is no recorded subdivision The-proposed use of the WCF structure and site; The proposed maximum height above grade of the proposed WCF structure �n _ That additional information may be obtained by contacting the City. 1.1.20. Permitted Hours for Construction Construction, placement, removal, or alterations to a WCF shall not be performed except between th hours of 7:00 a.m. and 9:00 p.m. during the weekdays of Monday through Saturday and between th (hours of 9:00 a.m. to 7:00 p.m. on Sunday, except in the cause of urgent necessity in the interest o public safety, for which a permit shall be obtained from the chief building official or designee1 1.1.21 Permit Limitation Any City permit, including a Conditional Use Permit, shall become null, void and non enewable if the permitted WCF is not constructed within one year of the date of th ssuance of a permit, provided that the permit may be extended one time for up to six 6. onths if construction has commenced before expiration of the initial year. B. The applicant/permittee of a WCF shall expressly indemnify, protect, and hold the Ci armless to the maximum extent allowed_ bylaw.No exceptions to this requirement steal e allowed. Any City permit, including a Conditional Use Permit, for a WCF shall expire and th pplicant must remove the WCF if it is not put into use within 120 days after constructio r if use is discontinued for a period in excess of one hundred twenty 120 days. If th CF is not removed, the City may cause the WCF to be removed and all expenses o removal shall be aid by-the owner of the land where the WCF is located. The applicant shall notify the Director of all changes in ownershi oro eration of the WC ower within thirt 30 da s of actual knowled a of the chap e. 11.1.22 Effective Date and Effect on Pre-Existingand Permitted WCF Facilitie The requirements of this part of the Code apply to all new WCF facilities after the date o doption and the expansion and/or alteration of any existing WCF; provided that an in ind or smaller replacement of transmission a ui ment will require onlya writte otification to the Cit . B. A WCF which was in existence on the date of final passage of these requirements shall no be required to be removed or relocated in order to meet the minimum distance requirement f this Code due to subsequent platting of a residential lot nearer to the WCF than th istance requirements of this Section. However, any alteration to existing WCF facilitie hall require compliance with theapplicable provisions of these WCF re uirements 1.1.23 Abandoned Tower Not Operated for a Specific Period and Removal Any antenna or antenna tower that is not operated for a continuous period of more than. elve (12) months shall be removed within ninety (90) days of the end of the twelve ('12 onth period. The last telecommunications service provider to use an antenna or antenn ower shall notify the Building Official or designee within thirty 30 days of the discontinue use of the antenna or antenna tower. B. Use after Abandonment If the owner of an abandoned tower or antenna wishes to use the abandoned tower o ntenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if the tower or antenna were a new tower or antenna.F 1.1.24 Public Pro ert FExempt.Antennas or towers located on property owned, leased or otherwise controlled by a City, State, o Federal entitv are exempt from the re uirements of this Article.