Texas. is hereby amended to read as follows: “Zoning” of ... · 6.1-2Public parks, playgrounds,...

ORDINANCE NO. 17-07-03ZONING ORDINANCE UPDATE

AN ORDINANCE OF THE TOWN OF PECOS CITY, TEXAS REPEALING ANDAMENDING VARIOUS PORTIONS OF THE CITY CODE PERTAINING TO ZONING,PROVIDING FOR AN EFFECTIVE DATE AND FOR SEVERABILITY

BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF PECOS CITY, TEXAS:

That section 3 of Appendix A - “Zoning” of this Code of Ordinances, Town of Pecos City,Texas. is hereby amended to read as follows:

Sec. 3. - Districts.

The Town of Pecos City, Texas, is hereby divided into six (6) districts termed respectively:

“R-l” Low-Density Family Residence District

“R-2” Medium-Density Family Residence District

“C-i” Local Retail Commercial District

“C-2” General Retail District

“I-i” Industrial District

“A” Airport District


Sec. 6. - “R-l” Low-Density family residence district.

The following regulations shall apply in the all “R- I” districts:

6.

6.1. Uses permitted.

6.1-i Up to four family dwellings:

6.1-2 Public parks, playgrounds, tennis courts, swimming pools, wading pools, museums, artgalleries, libraries, and any other uses that are owned and operated by the Town of PecosCity:

6.1-3 Nurseries and truck gardens on tracts of land exceeding one (1) acre, provided no retail orwholesale business is conducted on the premises:

6.14 Tool house and construction shed to be used for construction purposes only, and whichshall be removed upon completion or abandonment of construction work. Field offices forthe sale of real estate which shall be removed upon request of the building inspector ordesignee:

6.1-5 Customary home occupations;

6.1-6 Accessory buildings, pooi and pooi house, tool shed, gazebo;

6.1-7 Modular (Industrialized) Home.

6.2. Area requirements.

6.2-1 Lot area: The minimum area of a lot shall be six thousand (6000) square feet plus onethousand (1000) square feet per additional residence.

6.2-2 Building area: The minimum square footage of a residence shall be; Single4amilyresidence, 1900 square feet; duplex, 1600 square feet per residence; triplex, 1300 squarefeet per residence; fourplex, 1100 square feet per residence.

6.2-3 Front yard: There shall be a front yard for every structure in the “R-l” district, exceptingfences, measured from the front property line to the front of the structure. The minimumrequired front yard shall in no case be less than twenty-five (25) feet.

6.24 Rear yard: There shall be a rear yard along the rear lot line of any lot in the “R-l” district.The minimum depth of such rear yard for residential purposes shall be twenty (20) percentof the lot depth provided such rear yard need not exceed twenty-five (25) feet from thecenter of the alley, or rear lot line where there is no alley, and provided further that on acorner lot, an attached garage may extend to within five (5) feet of the property line.

6.2-5 Accessory buildings and private garages are permitted; provided such buildings, if detachedfrom the main buildings, shall not be located nearer than eighty (80) feet from the front lotline nor less than five (5) feet from any other street line, nor less than three (3) feet from theinside lot line, save and except that carports having at least three (3) sides open may beerected and constructed not less than one (1) foot from the said inside lot line providedsame are constructed in such a manner that water draining from the roof or eaves thereofshall not flow upon, injure or damage adjacent land or property. In no case shall anaccessory building, whether attached or detached, be built nearer five (5) feet from the rearlot line, nor in any case shall the building be constructed with an eave or protrusion of anykind extending beyond this point.

6.2-6 Lot width: The average width of each lot of the “R-l” district shall be not less than fifty (50)feet except where a subdivision heretofore duly approved and filed has lots of lesser width.

6.2-7 Side yards: There shall be two (2) side yards for every structure, excepting fences, in the“R-l” district, one on each side of the building, and in no case shall either side yard be lessthan (5) feet except where carports may be constructed in accordance with the provisionscontained herein.

6.2-8 Lot coverage: The combined area of the main buildings and accessory buildings shall not inany case cover more than fifty (50) percent of the total area of any lot.

6,2-9 Building height shall not exceed thirty-five (35) feet.

6.3. Replatting. Prior to issuance of a certificate of occupancy for a residence, a subdivision plat(replat) and legal description showing and describing common walls of duplexes, triplexes andfour-plexes as new lot lines shall be completed by a licensed surveyor, submitted to the City andfiled by the City at the Reeves County Courthouse.

That section 7 of Appendix A - “Zoning” of this Code of Ordinances, Town of Pecos City,Texas, is hereby amended to read as follows:

Sec. 7. - ‘R-2 Medium-Density family residence district.

The following regulations shall apply in the “R-2” district:

71. Uses permitted.

7.1-1 Any use unconditionally permitted in the “R-l” district;

7.1-2 Five-plexes, six-plexes, seven-plexes, and eight-plexes;

7.1-3 Churches and other places of public worship, including parish houses and Sunday schools,but excluding rescue missions or temporary revivals;

7.14 Fire stations;

7.1-5 Public utilities rights-of-way and tracts, transformer stations, transmission lines, telephoneexchanges, lift stations, and pumping stations, but excluding office buildings, garages,shops and warehouses;

7.1-6 Municipally owned golf courses (minimum 20 acres);

7.1-7 Country club;

7.1-8 Schools (private, elementary and high);

7.1-9 Single Family Manufactured Homes; however, parking of unoccupied manufactured homesis prohibited, and all manufactured homes shall be parked in conformance with setbackrequirements and shall be required to be properly anchored and permitted. Suchmanufactured homes shall not be utilized as an accessory building;

7.1-10 Boarding or lodging houses;

7.1-11 Nonprofit religious, educational philanthropic organizations;

71-12 Private clubs, lodges, fraternities and sororities.


72-1 Lot area: The minimum area of any lot in the “R-2” district shall be five thousand (5,000)square feet for a one-family dwelling plus one thousand (1000) square feet for eachadditional dwelling.

72-2 Building area: The minimum square footage of a residence shall be;Single4amily residence 1400 square feet per dwelling

Duplex 1200 square feet per dwellingTriplex 1000 square feet per dwelling

Four-plex 850 square feet per dwellingFive-plex 750 square feet per dwellingSix-plex 700 square feet per dwelling

Seven-plex 650 square feet per dwellingEight-plex 600 square feet per dwelling

7.2-3 Front yard: There shall be a front yard for every structure in the “R-2” district, exceptingfences, measured from the front lot line to the front of the structure. The minimum requiredfront yard shall in no case be less than twenty-five (25) feet measured from the front lot lineor front property line to the front of the structure.

7.24 Rear yard: There shall be a rear yard along the rear lot line of the lots in the “R-2” district.The minimum depth of such rear yard for residential purposes shall be twenty (20) percentof the lot depth provided such rear yard need not exceed twenty-five (25) feet from thecenter of the alley, and provided further that on a corner lot an attached garage may extendto within ten (10) feet of the centerline of the alley or rear lot line where there is no alley. Forstructures to be used for other than dwelling purposes, the rear yard shall not be less than

ten (10) feet to the centerline of the alley or rear lot line where there is no alley. In no caseshall any eave or protrusion of any kind extend beyond this point.

7.2-5 Side yards. There shall be two (2) side yards for every structure, excepting fences, in the“R-2” district, one on each side of the building, and in no case shall either side yard be lessthan five (5) feet1 save and except where carports may be constructed in accordance withthe provisions contained in subsection 72-5 below.

72-6 Accessory buildings and private garage are permitted; provided such buildings, if detachedfrom the main building, shall not be located nearer than eighty (80) feet from the front lotline nor less than five (5) feet from any other street line, nor less than three (3) feet from theinside lot line. Said carport may be erected and constructed not less than one (1) foot fromthe inside lot line provided same are constructed in such a manner that water draining fromthe roof or eaves thereof shall not flow upon, injure or damage adjacent land or property. Inno case shall an accessory building, whether attached or detached, be built nearer than five(5) feet from the rear lot line, nor in any case shall the building be constructed with an eaveor protrusion of any kind extending beyond this point.

7.2-7 Lot width: The average width of each lot of the “R-2” district shall be not less than fifty (50)feet except where a subdivision heretofore duly approved and filed has lots of lesser width.

7.2-8 Lot coverage: The combined area of the main buildings shall not in any case cover morethan 50% of the total area of any lot.

7.2-9 Height: Building height shall not exceed thirty-five (35) feet.

7.3. Replatting. Prior to issuance of a certificate of occupancy for a residence, a subdivision plat(replat) and legal description showing and describing common walls of five-plexes, six-plexes,seven-plexes and eight-plexes as new lot lines shall be completed by a licensed surveyorsubmitted to the City and filed by the City at the Reeves County Courthouse.

No mobile homes shall be perniitted after the passage of this ordinance.


Sec. 8. - “C-i” Local Retail District.

The following regulations shall apply in all ‘C-I” districts:

8.1. Uses permitted.

8.1-1 Any non-residential use permitted in any “R” district;

8.1-2 Bank;

8.1-3 Cemetery;

8.1-4 Office: professional, medical clinic, insurance, real estate, etc.;

8.1-5 Studio: artist, dancing, music, etc.;

8.1-6 Automobile service station and/or repair garage;

8.1-7 Restaurants and cafés;

8.1-8 Cleaning, pressing and dyeing shops-retail only;

8.1-9 Retail store (no secondhand goods, beer or liquor):

8.1-10 Barbershops and beauty shops:

8.1-11 Retail ice station;

8.1-12 Florist shop;

8.1-13 Day nursery;

8.1-14 Washateria;

8.1-15 Movie theater or similar indoor type only;

8.1-16 Rodeo grounds, provided, however, off street parking is provided and such rodeogrounds are not operated for private gain or profit;

8.1-17 Apartments;

8.1-18 Public parking lots;

8.1-19 Funeral homes and mortuaries;

8.1-20 Feed and seed stores, florist shops, and greenhouses;

8.1-21 Hotel or motel;

8.1-22 Bowling alley, billiard hall, indoor theater, game room;

8.1-23 Bakery;

8.1-24 Grocery Stores;

8.1-25 Job printing;

8.1-26 Newspaper printing;

8.1-27 Catering establishment;

8.1-25 Lumber yards;

8.1-29 Photographers studio;

8.1-30 Radio repair shop;

8.1-31 Shoe repair shop;

8.1-32 Car Wash.

8.2. Area requirements: None provided setbacks and parking standards are met.

8.2-1 No minimum area requirements are made for commercial uses.

8.2-2 Front Yard: There shall be a front yard for every structure in the “C-i” district which shall bedetermined as follows:

Where property on both sides of the street is in the “C-i” district or a less restrictive district,the minimum front yard required shall not be less than twenty (20) feet from the front lotline or front property line nor less than fifty (50) feet from the center of such street.

Where the property across the street from the “C-i” district is in any “R” district, and thelots in such “R” district face such street, buildings located in such ‘C-i” district shall not belocated within one hundred (100) feet of the property line of such “C-I’ district alon9 suchstreet.

Where the property across the street from any “C-i” district is in any “R” district and theside of the lots in such “R” district abut such street, or the property in such “R” district isused for public purposes (schools, parks, fire stations, etc.), all buildings located in such

“C-i” district shall not be less than twenty (20) feet from the property line of such “C-i”district along such street nor less than fifty (50) feet from the centerline of such street.

Where any ‘C-i district fronts on the same street as any “R” district property located in thesame block, the front yard requirement of all buildings located on such “C-i” districtproperty shall be the same as that required in such “R” district.

These requirements for front yards shall be determined by the relation of the “R” districtproperty to the “C-i” district and not by the facing of buildings in the “C-i” district.

82-3 Rear yard: Where lots are being devoted to commercial uses, there shall be a rear yardalong the rear lot line of the lots in the “C-i” district of not less than twenty (20) feet from therear lot line or ten (10) feet from the rear lot line for lots adjacent to an alley.

Where lots are being devoted to dwelling purposes-apartment only, the rear yardrequirements in a ‘C-i” district shall be the same as the less restrictive adjacent “R”district.

8.24 Side yards: Where lots in a “C-i” district are being devoted to commercial uses, no sideyards are required for interior lots. Side yards under other conditions shall be determined asfollows:

Where a “C-i” district abuts any “R” district on the side in the same block, a side yard offive (5) feet shall be provided on that side abutting such “R” district.

On corner lots, a side yard shall be required and shall be such that the building line is notless than twenty (20) feet from the side lot line nor less than fifty (50) feet from thecenterline of such street.

Where “C-i” district property is located in the same block with any “R” district property, andsuch “R” district front yards face the same street as do such “C-i” district side yards, such“C-i” district side yard shall be the same as such “R” district front yard.

8.2-5 Lot coverage:

(a) Commercial uses. There shall be no maximum lot coverage restriction on any lot inthe “C-i” district devoted to commercial uses except that imposed by front, side andrear yard requirements.

(Ord. No. 13-06-02, 7-1 1-2013)


Sec. 9. - “C-2” Commercial district.

The following regulations shall apply to all ‘C-2” districts:

9.i. Permitted uses.

9.1-1 Any non-residential use permitted in any “R” district and/or any C-i” district, except thatapartments are a permitted use;

9.1-2 Advertising signs, bulletins and billboards;

9.1-3 Agricultural employment sales and service, no outside storage;

9.14 Amusement places, theater, indoor movie picture shows;

9.1-5 Automobile sales and repair;

9.1-6 Beer and liquor retail store, including on premise consumption;

9.1-7 Business or commercial school, dancing or music academy;

9.1-8 Builder’s supplies, new materials only;

91-9 Bus station;

91-10 Candy manufacturer;

9.1-11 Electrical shop electro-plating, galvanizing, armature winding;

91-12 Feed store-no manufacturing or grinding or mixing permitted;

9.1-13 Automobile repair, major;

9.1-14 Hospital, public or private;

9.1-15 Laundry, dyeing and cleaning plants;

9.1-16 Monument sales-retail (outside display permitted);

9.1-17 Paint shops;

9.1-18 Petshops;

9.1-19 Pest control service;

9.1-20 Plumbing shop;

9.1-21 Produce market, retail;

9.1-22 Sales and show rooms;

9.1-23 Skating rink;

9.1-24 Storage units containing typical household items and/or large items including Rye;

9.1-25 Tire repair shop;

91-26 Tine shop;

91-27 Secondhand goods store (sales and storage required to be entirely indoors);

9.1-28 Trailer sales and service—outside storage permitted;

9.1-29 Used automobile sales—no wrecking yard or used parts;

91-30 Locker plants, not including slaughtering of animals;

91-31 Storage warehouses (all truck loading and unloading must be done off any adjacentstreet);

9.1-32 Wholesale houses (all truck loading and unloading must be done off any adjacent Street);

9.1-33 Bag cleaning (all work must be done inside building);

9.1-34 Billboard;

9.1-35 Blacksmith shop;

9.1-36 Building materials storage;

9.1-37 Baseball park;

9.1-38 Cabinet or carpentry shop;

9.1-39 Commercial amusement parks;

9.1-40 Clothing manufacture;

9141 Contractor’s storage, open;

9.142 Ice manufacture;

9.143 Kennel, public or private;

9.144 Machine shop;

9.145 Produce market (wholesale);

9.146 Sash and door manufacture;

9.147 Steel and steel products fabrication and storage;

9.148 Vegetable packing plant;

9.1-49 Veterinary hospital;

9.1-50 Welding equipment and supplies;

9.1-51 Welding shop;

9.1-52 Dance halls and nightclubs;

9.1-53 Truck Car Wash.


9.2-1 Lot area:

(a) Residential uses: apartment only. The minimum lot area requirements on all lots inany “C-2” district devoted to apartment use shall be five thousand (5,000) square feetplus seven hundred fifty (750) square feet per unit for each unit in excess of four (4).

9.2-2 Front yard: Regardless of whether any lot located in any “C-2” district be devoted tocommercial or apartment use all lots located in such “C-2” district shall have a front yard ofnot less than twenty (20) feet measured from the front lot line to the front of the structure.

9.2-3 Side yards.

(a) Commercial use. No side yard is required on any lot in a “C-2’ district where such lotis devoted to commercial use except those corner lots within any “C-2” district thatabut any ‘R” district. In such instances, a side yard on the side adjacent to such “R”district property of not less than five (5) feet from each side lot line shall be required.

(b) Residential use; apartment only. In all instances where any lot located in a ‘C-2”district is devoted to apartment use, a side yard on each side of the building not lessthan Thirty feet from the side lot line of said lot shall be required.

9.24 Rear yard.

(a) Commercial uses: There shall be a rear yard along the rear lot line of the lots in the“C-2 district where such property is devoted to commercial use. The minimum depthof such rear yard shall be not less than twenty (20) feet from the rear lot line or ten(10) feet from the rear lot line where such lot abuts an alley.

Where lots are being devoted to dwelling purposes—apartments only, the rear yardrequirements in a C-2” district shall be the same as the less restrictive adjacent “R”district.

9.2-5 Lot coverage:

(a) Commercial uses. There shall be no maximum lot coverage restriction on any lot inthe “C-2” district devoted to commercial uses except that imposed by front, side andrear yard requirements.

(b) Residential uses—apartments only. The minimum requirements for all lots in the “C-2”district devoted to apartment use shall be the same as is required for the lessrestrictive adjacent “R” district.

(Ord. No. 13-06-02, 7-11-2013)


Sec. 10. - “1-1” Industrial district.

The following regulations shall apply in all “1-1” districts:

10.1. Uses permitted.10.1-1 All those uses permitted in any “C’ district, except that residential use in not permitted;

10.1-2 Amusement Park;

10.1-3 Asphalt storage;

10.14 Automobile wrecking yard (6 foot solid fence required);

10.1-5 Brick, tile, pottery or terra cotta manufacture;

10.1-6 Canning plant (cans or bottles);

10.1-7 Central mixing plant, concrete or paving materials (permitted so long as obnoxious dustor fumes do not accompany mixing);

10.1-8 Concrete block manufacture;

10.1-9 Cheese manufacture;

10.1-10 Coal storage plant;

10.1-11 Contractor’s plant and storage;

10.1-12 Creamery and dairy products manufacture;

10.1-13 Freight terminal (motor or rail);

10.1-14 Grain elevator;

10.1-15 Hatchery;

10.1-16 Livestock loading pens (permitted only so long as there is no holding or feeding);

10.1-17 Mattress manufacture;

10.1-18 Monument manufacture;

10.1-19 Oil well equipment, service and supplies;

10.1-20 Pharmaceutical manufacture;

101-21 Paper products manufacture;

10.1-22 Petroleum bulk storage (wholesale permitted);

10.1-23 Planing mill;

10.1-24 Poultry raising. cleaning, dressing, and packing (permitted only so long as all operationsare conducted inside building);

10.1-25 Prefabricated house manufacture;

10.1-26 Railroad shops;

10.1-27 Roofing contractors shop;

10.1-28 Warehouse, cotton;

10.1-29 Commercial Truck Parking;

10.1-30”lntermodal (Cargo) Container” Allowed as an accessory building in industrial areas (seesec 2.17 Building, accessory):

The following standards apply to use of all intermodal (cargo) containers:

(1) The cargo container(s) shall not be used for human habitation or commercialbusiness 1-30 purposes;

(2) The cargo container(s) shall not be used to store hazardous materials;

(3) Refuse and debris shall not be stored in, against, on, or under the cargocontainer(s);

10.1-31 Truck Car Wash;

10.1-32 Self-Contained Portable Toilets.

10.1-33 Asphaltic concrete manufacture;

10.1-34 Gravel or rock crushing, screening and washing;

10.1-35 Septic tank service;


10.2-1 Lot area:

(a) Industrial or commercial uses. No minimum lot area is required when property isdevoted to industrial or commercial uses.

10.2-2 Front yard:

(a) Industrial or commercial uses. No front yard is required on any lot in an “I-i districtwhere such lot is devoted to industrial or commercial uses, provided, however, that nostructure located upon such lot shall be located less than thirty (30) feet from the frontproperty line.

10.2-3 Side yard:

(a) Industrial or commercial uses. No side yard is required on any lot in any “I-i” districtwhere such lot is devoted to industrial or commercial uses except where an “I-i’district abuts any ‘R” district on the side or where a corner lot in such “I-i” districtabuts any “R” district on the rear. In such instances, a side yard of twenty (20) feet isrequired.

10.24 Rear yard:

(a) Industrial or commercial uses. There shall be a rear yard along the rear lot line of thelots in any “I-i” district where such property is devoted to industrial or commercial use.The minimum depth of such rear yard should be not less than twenty (20) feet fromthe rear lot line or ten (10) feet from the rear lot line where such lot abuts an alley.

10.2-5 Lot coverage:

(a) Industrial or commercial uses. There shall be no maximum lot coverage restriction onany lot in any ‘I-i” district devoted to industrial or commercial uses except thatimposed by front, side and rear yard requirements.

10.2-6 Buffer Areas. Where industrial uses abut a residential district, an adequate buffer orscreen shall be provided to visually screen the industrial use from the residential area. Thebuffer shall consist of an opaque fence or planting screen of shrubbery maintained at aminimum height of eight feet, located within the required eight feet wide side yard.Screening material shall be approved by city staff prior to installation.

(Ord. No. 13-06-02,7-11-2013; Ord. No. 13-12-06, § 2, 12-23-2013)

That section II of Appendix A - “Zoning” of this Code of Ordinances, Town of Pecos City,Texas. is hereby amended to read as follows:

Sec. 11 Planned Unit Developments.

Sec. 11.1.- Principles of planned unit development.

The planned unit development is a permitted use designed to provide for development whichmay incorporate residential, commercial and related land uses that are planned and developed asa unit. Such developments may consist of individual lots or common building sites. Usable openspace must be an essential and important element of the plan related to affecting the long-termvalue of the entire development.

Sec. 11.2. - Voluntary alternate procedure.

The use of the planned unit development procedures contained herein is not mandatory for thedevelopment of any parcel of land. The proceduraL process contained herein is to provide avoluntary alternate method which maximizes the utilization of land, including open space andcommon recreational areas for the benefit, use, and enjoyment of the future residents of thatdevelopment and the residents of the City.

Sec. 11.3.- Definition.

A planned unit development (PUD): (a) is land under unified control, planned and developed as awhole in a single development operation or approved programed series of developmentoperations for dwelling units and related uses and facilities; (b) is a plan which, when adopted.becomes the zoning regulations for the land to which it is applied; (c) includes principal andaccessory structures substantially related to the character of the development itself and thesurrounding area of which it is a part; and (d) is developed according to comprehensive anddetailed plans which include not only streets, utilities, building sites, and the like, but also siteplans and elevations for all buildings as intended to be located, constructed, used, and related to

each other, and detailed plans for other uses and improvements on the land as related to thebuildings.

Sec. 13.4. - Standards and criteria.

Permitted districts. Planned unit developments shall be permitted to locate in any residentialzoning district.

2. Area. Any other planned development shall be five acres or more.

3. Unified control. All land included for the purpose of development shall be under control ofthe applicant, whether that applicant be an individual, partnership, or corporation or a groupof individuals, partnerships or corporations. The applicant shall state agreement to (a)proceed with the proposed development according to the provisions of these zoningregulations and such conditions as may be attached to the rezoning of the land to PUD; (b)provide agreements, contracts, deed restrictions, or sureties acceptable to the city forcompletion of the development according to the plans approved at the time of the PUD, finalapproval, and facilities as are not to be provided, operated or maintained at public expense:and (c) bind their successors in title to any commitment made under (a) and (b) preceding.All such agreements and evidence of unified control shall be examined by the city attorneythat such agreements and evidence of unified control meet the requirements of these zoningregulations.

4. Permitted uses. In planned unit developments, all structures, land or water shall be used onlyfor the foLlowing purposes:

a. All residential building types;

b. Nonresidential, noncommercial uses of a religious, educational, or recreational natureshall be permitted provided such uses are designed or intended primarily for the use ofthe residents of the proposed developments;

c. Nonresidential uses:

(1) Nonresidential uses, as permitted in a local retail commercial district, shall bepermitted provided such uses are primarily for the service and convenience of theresidents of the proposed development, and further provided that:

a. No single nonresidential use shall occupy more than 40,000 square feet ofgross building area.

(2) An applicant may request a percentage increase in the amount of nonresidentialarea permitted, as well as a difference in the type of nonresidential facilitiespermitted provided that said applicant prepares, at his expense, and submits to theplanning and zoning commission, a comprehensive market analysis. The marketanalysis shall be prepared and signed by a market analyst and shall be submitted tothe building inspector for review and comment to later be submitted to thecommission.

(3) The market analysis shall demonstrate what the additional amount of nonresidentialland and/or facilities proposed are needed for, and can realistically be supported insuch usage. Elements of the analysis shall include:

(a) Determination of the trade area of the proposed nonresidential facilities;

(b) Determination of the trade area population, present and prospective;

(c) Determination of the effective buying power in such trade area;

(d) Determination of net potential customer buying power for uses in the proposednonresidential facilities and, on such basis, the recommended store types andstore floor areas;

(e) Determination of the residual amount of buying power in the trade area andhow it may be expected to expand.

5. Location standards for PUD. In reaching recommendations and decisions as to rezoning landto a planned unit development classification and the density rating of such classification, thecommission and the city council shall apply the following locational standards in addition tothe requirements of those zoning regulations applicable to the rezoning of land generally:

a. Relation to use areas. During the planning process, the planned unit development shallbe divided into use areas wherein it is graphically delineated where the following landuses shall be located:

(1) Single-family, detached residential;

(2) Single-family, attached residential;

(3) Multiple-family, residential, by dwelling type and number of stories;

(4) Nonresidential, noncommercial uses;

(5) Commercial uses.

b. Relation to major transportation facilities. Planned unit developments shall be locatedwith respect to major streets and highways or other transportation facilities as to providedirect access to such developments without creating traffic along minor streets inresidential neighborhoods outside such developments.

c. Relation to physical character of the site. The site shall be suitable for development inthe manner proposed without hazards to persons or property, on other dangers,annoyances, or inconveniences. Condition of soil, groundwater level, drainage, andtopography shall all be appropriate to both kind and pattern of use intended.

6. Density. In consideration of (a) the amount, location, and proposed use of usable openspace, exclusive of the building area for recreation and natural areas not necessarilycontiguous; (b) the location and existing physical characteristics of the site of the proposeddevelopment; and (c) the location, design, and type of residential uses and other uses, thedensities may be varied.

7. Buffering regulations. To protect (a) existing or anticipated future development adjacent to aproposed planned unit development from potentially adverse influences generated by it; (b)the proposed planned development unit from any potentially adverse surroundinginfluences; and (c) proposed land uses within the planned unit development from adverselyinfluencing each other, the following requirements shall be applied:

Where the proposed planned unit development abuts or is across the street from anysingle-family, detached residential zoning district, the following buffer regulations foreach planned unit development structure or use shall apply:

a. Single-family, detached residential structures shall comply with the appropriateminimum setback requirement of such zoning district;

b. Single-family, attached residential structures shall be set back a distance equal tothe structures height from the planned development unit boundary’ or shall complywith the appropriate minimum setback requirement of such zoning district,whichever is greater;

c. Multiple-family, residential structures shall be set back a distance equaling threefeet for every one foot of structure height from the planned unit developmentboundary.

2. Intensive recreational or commercial uses shall be set back a distance of at least 100 feetfrom the planned unit development boundary when such development abuts or is acrossthe street from any residential zoning district and no structures, off-street parking orloading facilities, or driveways except direct access streets to such development orpedestrian walkways shall be permitted in said setback. Said setback of buffer strip shallbe properly maintained and consist of natural features or areas landscaped with grassand/or ground cover, shrubs and trees.

8. Usable open space.

A. Conveyance and maintenance of usable open space.

I. All land shown on the final development plan as usable open space shall be setaside for the permanent use and benefit of the residents of the proposed plannedunit development. Such land shall therefore be conveyed under one of thefollowing options:

a. It may be conveyed to trustees provided in an indenture establishing anassociation or similar organization for the maintenance of the proposedplanned unit development. The usable open space shall be conveyed to thetrustees subject to covenants, to be approved by the city council, which restrictthe usable open space to the uses specified on the final development plan, andwhich provides for the maintenance of the usable open space in a mannerwhich assures its continuing use for intended purpose;

b. It may be conveyed to the city, provided that the city council shall find thatsuch space is of a size, location, and general character as to warrantconsideration as a neighborhood park, or that the open space is necessary tomaintain the continuity of existing open space adjacent to the property inquestion if such continuity is outlined in the comprehensive plan of the city orwhere the cost of maintenance and upkeep of such open space may be assessedto the property owners of the development; provided, however, that space insmall enclosed courts; space of less than two acres in size in one relativelycompact area; space without direct access to a publicly dedicated right-of-way;and space located within 50 feet of any building of the proposed developmentwill not normally be considered for dedications;

c. In the event that the organization established to own and maintain usable openspace, shall at any time after establishment of the proposed planned unitdevelopment fail to maintain the usable open space in reasonable order andcondition in accordance with the final development plan, the city shall servewritten notice upon such organization or upon the residents of the proposedplanned unit development setting forth the manner in which the organizationhas failed to maintain the usable open space in reasonable condition, and saidnotice shall include a request that such deficiencies of maintenance be curedwithin 30 days thereof, and shall state the date and place of a hearing thereonwhich shall be held within 14 days of the notice. At such hearing, the citycouncil may modify the terms of the original notice as to the deficiencies andmay give an extension of time within which they shall be cured. If thedeficiencies set forth in the original notice or in the modifications thereof havenot been cured within said 30 days or any extension thereon, the city, in orderto preserve the taxable value of the properties within the planned unitdevelopment and to prevent the usable open space from becoming a publicnuisance, may enter upon said usable open space and maintain the same for aperiod of one year. Before the expiration of said year, the city shall, upon itsinitiative or upon the request of the organization theretofore responsible for themaintenance of the usable open space, call a public hearing upon notice to suchorganization or the residents of the planned unit development, to be held by thecity council, at which hearing such organization or the residents of the plannedunit development shall show cause why such maintenance by the city shall not,at the election of the city, continue for a succeeding year. If the city councilshall determine that such organization is ready and able to maintain said usableopen space in reasonable condition, the city shall cease to maintain said usableopen space at the end of said year. If the city council shall determine suchorganization is not ready and able to maintain said usable open space in areasonable condition, the city council may, in its discretion, continue tomaintain said usable open space during the next succeeding year and subject toa similar hearing and determination in each year thereafter. The city shallassess the cost of such maintenance against the property owners and the costshall become a tax lien on said properties. The municipality, at the time ofentering upon said usable open space for maintenance purposes, shall file anotice of such lien in the office of the county clerk upon the properties affectedby such liens within the planned unit development;

d. No usable open space may be put to any use not specified in the finaldevelopment plan unless the final development plan has been amended topermit that use under section 13.10 of this ordinance. However, no change ofuse authorized under section 13.10 may be considered as a waiver of any of thecovenants limiting the use of usable open space area, and all rights to enforcethese covenants against any use permitted under section 13.10 are expresslyreserved.

9. Pedestrian circulation. The pedestrian circulation system and its related walkways shall beseparated completely and as reasonably as possible from the vehicular street system in orderto provide separation of pedestrian and vehicular movement.

10. Vehicular circulation. All internal thoroughfares and/or major collector streets of a proposedplanned unit development to be dedicated to the city shall be designed in accordance withthe regulations stated in the subdivision ordinance of the City. However, in designing anyproposed street system for a planned unit development, the following additional criteria shallalso be taken into consideration:

a. Internal street systems shall be coordinated with existing external systems, providing forthe efficient flow of traffic into and out of the proposed planned unit development;

b. Principal vehicular access points shall be designed to permit smooth traffic flow withcontrolled turning movements and minimum hazards to vehicular and pedestrian traffic.Minor streets within the proposed planned unit development shall not be connected tostreets outside the development in such a way as to encourage their use by throughtraffic;

c. All use areas shall have adequate access to minor and primary’ streets within theproposed planned unit development. The number of dwelling units, number of streets towhich access is available, number of spacing of access points, types of streets, andgeneral use area shall be considerations in determining the quality of access.

11. Off-street parking and loading facilities. Regulations governing off-street parking andloading facilities shall be the same as are required under article 17.

Sec. 11.5. - Coordination with subdivision regulation ordinance.

It is the intent of this article that subdivision review under the subdivision regulation ordinancebe carried out simultaneously with the review of any proposed planned unit development;provided, the planned unit development plan phase, or phases requiring plan approval will bestarted within 12 months after final approval. However, if such plan phase, or phases, do notrequire any plat approval, simultaneous review of such documents shall not be required.

I. The development plans submitted under section 13.8 and section 13.10 shall besubmitted in a form, when required, which will satis’ the requirements of thesubdivision ordinance for preliminary and final plats.

2. The requirements for both of the development plan sections of this article and those ofthe subdivision regulation ordinance shall apply to all planned unit developments.

Sec. 11.6. - Preapplication conference.

1. Each applicant shall confer with the building inspector in connection with the preparation ofthe proposed planned unit development application prior to submission of the formal,preliminary development plan application (conceptual plan). The applicant shall submit atentative land use sketch for review and obtain information on any projected plans,programs, or other matters that may affect the proposed development. The information to bediscussed should include, but not be limited to the following:

a. Discuss the relationship between the proposed development and surrounding uses, andthe effect of the plan upon the comprehensive development plan of the City;

residential use areas (indicating the proposed density for each category); commercialfacilities, if any; open space provisions (golf courses, parks, passive or scenic areas, andthe like); community-serving recreation or Leisure time facilities; and areas for suchpublic or semipublic institutional uses such as schools, churches, libraries, public safetyfacilities, and the like;

c. A utility plan shall be submitted for the proposed planned unit development. Such planshall include water supply sources, storm drainage collection and disposal points,electric power, gas, sewage collection points and communications (telephone, cable TV,etc.).

4. Additional information. An additional report shall be prepared in conjunction with the abovematerial and shall include:

a. A general description of the proposed development including:

1. The total acreage involved in the project;

2. The total number of acres devoted to the various use area categories, as well as:

a. Number of acres devoted to each land use;

b. Percentage of the total acreage devoted to each land use and use area category;

c. Itemized list of land uses proposed for each use area category by use area.

3. The number and type (number of bedrooms) of residential uses involved for theoverall development and for its use areas;

4. A description of the size of the nonresidential uses, if any. for the proposeddevelopment.

b. A statement indicating the minimum design standards which shall govern the proposeddevelopment such as internal streets and pedestrian ways, open space provisions, off-street parking and loading demands, general buffers, and landscaped areas.

c. A proposed development plan component approval procedure which shall contain thefollowing information:

1. Delineation of the use areas in map form along with the order in which they shallbe submitted for final development plan approval;

2. The approximate dates for filing final development plan applications;

3. The approximate schedule for construction of required or permitted improvementsof usable open space within each use area, including any complimentary buildings;

4. The proposed schedule for dedication of improvement of public rights-of-way,easements, and properties;

5. The proposed phasing schedule outlining the development sequences of the variousproposed land uses and the approximate dates of starting and finishing of eachphase after final development plan approval.

d. A statement and/or map indicating which streets or roads (and pedestrian ways asappropriate) are proposed for public ownership and maintenance and whether approval

b. Discuss the existing and proposed streets, utilities and other public facilities andservices within the proposed planned unit development;

c. Discuss the character, design, and appropriateness of the proposed plan and itsadequacy to encourage desirable living conditions, to provide separation and screeningbetween uses and use areas where desirable, and to preserve the natural amenities ofstreams, wooded areas, and similar natural features;

d. Discuss the open space and recreation areas existing and proposed, to serve the needs ofthe development.

Sec. 11.7. - PUD preliminan’ development plan (conceptual plan).

Legal description of site. A legal description of the proposed planned unit development shallbe submitted.

2. Site condition map. This map or series of nrnps shall be drawn to an acceptable scale, but inno instances shall a scale smaller than one inch equals 100 feet be accepted, and shallindicate:

a. Title of the proposed planned unit development and name(s) of the applicant(s);

b. Scale, date, north arrow, and general location which may show relationship of the site tosuch external facilities as streets, dwelling units (labeled differently for various types)commercial facilities (if any) recreation and open space areas and the like;

c. Boundaries of the subject property, all existing streets, buildings, watercourses,easements, section lines, and any other important physical features within the proposedproject. Additional information on physical features affecting the proposed project maybe required;

d. Existing topography at one inch equals 100 feet with five-foot contour lines;

e. The location and size of all existing drainage, water, sewer, electrical and utilityprovisions;

f. Information about existing vegetative cover and general soil wpes;

g. The location and function of all other existing public facilities which would serve thesite such as schools, parks, fire stations, and the like. Notation of this information on ascaled map is acceptable.

3. Preliminary development plan. This plan shall be prepared at the same scale as the siteconditions map(s) and shall include:

a. A plan for pedestrian and vehicular circulation showing the general location and rights-of-way widths and general design capacity of the system, as well as access points to themajor thoroughfare system. A diagrammatic flow chart demonstrating the pattern ofvehicular traffic movement to, within, and through the proposed planned unitdevelopment shall be included as a supplement to this plan;

b. A general plan for the use of all lands within the proposed planned unit development.Among other things, such plan(s) shall indicate the general location, function, andextent of all use areas or units of the plan, including low, medium, and high density,

is sought as part of the preliminary development plan for private roads, if any, withinthe development.

e. A statement and/or map on drainage which generally shows existing conditions, wetweather areas, areas of frequent flooding, points of discharge from the project, andanticipated quantities of water generated from the proposed development. Whereconditions dictate, a statement may be requested on the proposed methods of dischargeof runoff within and from the development.

Sec. 11.8. - Procedure for PUD preliminary development plan approval.

1. Administrative processing.

a. Building inspector review. The applicant shall submit ten copies of his preliminarydevelopment plan for formal review to the building inspector. The building inspectorshall distribute nine of the ten copies to various offices or departments for commentsand notations relevant to the submitted plan on any aspects of the plan pertinent to theparticular office’s or department’s realm of concern. Said inspector shall then place thefindings on the commission’s agenda within 30 days from receipt of application, whenpractical.

b. Planning and zoning commission hearing. The commission shall hold a public hearingto consider the proposed planned unit development plan and determine whether it meetsthe intent of this article. The commission shall then submit its recommendations inwriting to the city council.

c. Action by city council. The city council shall consider all the material and commentssubmitted in a public hearing. The action of the council may be conditional and enteredas part of the standards and restrictions for the development of the planned unitdevelopment.

Sec. 11 .9. - Notice and authority to proceed.

1. Upon approval by the city council of the planned unit development preliminary developmentplan application, the building inspector shall furnish the applicant with written notice ofsuch approval and the authority to proceed with the final development plan within 12months.

2. If the applicant fails to apply for final approval as outlined above, the commission shallserve written notice to said applicant stating that 30 days from the date of such notice, thecommission shall hold a public hearing to initiate action to rezone the planned unitdevelopment district back to its original zoning classification(s).

Sec. 11.10. - Procedure for PUD final development plan application approval.

Except as permitted under the preliminary development plan approval, the applicant shall submita final development plan application and a final subdivision plan for the phase or phasesconcerning the initial development prior to commencing such development on the propertyzoned PUD.

Approval of components of the final development plans shall be according to the developmentschedule approved under the preliminary development plan in the following process:

Pre-application conference. Prior to submitting the formal application for finaldevelopment plan approval, each applicant shall confer with the building inspector inthe review and processing of the application. The applicant shalL submit a final land usesketch and any material requiring revision from the preliminary development plan forreview and to obtain information on additional projected plans, programs or othermatters developed or instituted since the preliminary development plan was approvedthat might affect the proposed planning unit development.

2. Required information. The following data and information is required in addition to thematerial submitted under the preliminary development plan:

a. Site condition map: Drawn to an appropriate scale sufficient to show detail, it shallshow the location of the existing property lines both for private property and forpublic property, existing contours shown at a contour interval of five feet, streets,buildings, watercourses. transmission lines, sewers, bridges, culverts. and drainpipes, water mains, public utility easements, wood areas, streams, lakes, marshes,and any other physical conditions affecting the area.

b. Final development plan: Such plans shall be drawn and submitted at a scale of notsmaller than one inch equals 100 feet. In any case, such plan shall show:

I. The boundaries of the site, topography, and proposed grading plan;

2. The width, location, typical sections, and names of proposed streets;

3. The width, location, and names of surrounding streets and surrounding landuses;

4. The use, size, location, and height of all proposed buildings and otherstructures;

5. The location and size of usable open spaces in public or semipublic areas.

c. Statistical information including:

I. Total acreage of the site;

2. Maximum building coverage expressed as a percentage of the site area;

3. The area of land devoted to landscaping and/or open space usable forrecreation purposes expressed as a percent of the total site area;

4. The calculated density for the project;

5. The exact number of dwelling units and density in each residential use area,including the platting of lots to be offered for sale;

6. The specific size of each use area.

d. Utility service plan showing:

1. Existing drainage and sewer lines;

2. The disposition of sanitary waste and stormwater;

3. The source of potable water;

4. The location and width of all utility easements or rights-of-way.

e. Development schedule: The development schedule shaLl contain the followinginformation.

1. The order of construction of the proposed land uses by use area delineated inthe final development plans;

2. The proposed date for the beginning of construction on said Land use by usearea;

3. The proposed date for the completion of construction on said land use by usearea;

4. The proposed schedule for the construction and improvement of the usableopen space within said use areas, including any complementary buildings.

f. Definitive covenants, grants, easements, dedications, and restrictions to be imposedon the land, buildings, and structures, including proposed easements for publicutilities and instruments relating to the use and maintenance of usable open spacesand private streets. Such instruments shall give consideration to accessrequirements of public vehicles for maintenance purposes.

g. Association or nonprofit corporation: If the applicant elects this method ofadministering usable open space, the proposed bylaws of the association or thecertificate of incorporation and the corporate bylaws of the nonprofit corporationshall be submitted to the commission for their files.

h. Additional information: May be required by the commission to insure thecompliance of the final development plan application with the provisions of thisordinance and other applicable regulations and guidelines. This information mayinclude, but not be limited to:

1. An off-street parking and loading plan;

2. A circulation diagram indicating the proposed movements of vehicles, goodsand pedestrians within the proposed planned unit development and to and fromexisting thoroughfares and any special engineering features and trafficregulation devices needed to facilitate or insure the safety of this circulationpattern must be shown;

3. Drawings indicating the general architectural theme, appearance, andrepresentative building types except for detached single-family dwellings andaccessory structures.

3. Administrative processing.

a. Building inspector review. The applicant shall submit ten copies of his finaldevelopment plan phase or phases to be developed to the building inspector forformal review. The building inspector shall distribute nine of the ten copies tovarious offices or departments for comments and notations relevant to thesubmitted plan on any aspect of the plan pertinent to the particular office’s or

department’s realm of concern. Said inspector shall then place the findings on thecommission’s agenda within 30 days of receipt of application, when practical.

b. Planning and zoning commission hearing. The commission shall hold a publichearing to consider the final development plan and subdivision plat and determinewhether they meet the intent of this article and subdivision regulations. Thecommission shall have 75 days after their receipt of said plan and plat in which toreview and give their approval. The commission shall then submit itsrecommendations concerning only the final subdivision plat in writing to the citycouncil. If. at the end of 75 days, the commission shall be unable to give approvalof all or part of the plan and/or plat, the applicant may request in writing, that thecity council review those specific portions of the plan and/or plat for whichapproval has not been granted. Said written request shall also contain theapplicant’s reasons for making such a request. The commission shall submit inwriting, their justifications and reasons for not granting approval of the total planand/or plat or the specific portion or portions of the plan and/or plat which do notmeet with their approval.

c. Action by city council. The city council shall consider all the material andcomments submitted in a public hearing.

4. Recording. Upon final approval of the planned unit development final plans, thebuilding inspector shall notify the applicant, in writing, and by certified mail, that suchplans have been approved. If such plans have been disapproved for any reason(s) thebuilding inspector shall notii’ the applicant through said means and stating thereason(s) for such denial. If approval for such plans have been given withmodifications, the applicant shall cause such modifications to be made. The citysecretary shall file all maps and other related documents in the office of the county clerkof Reeves County.

5. Construction procedures. The establishment of usable open spaces and construction ofpublic or common recreational facilities shown on the recorded planned unitdevelopment plans together vith the construction of other nonresidential structures shallproceed substantially. After general construction commences, the building inspectorshall review, at least once every six months, all building permits issued and comparethem to the overall development program.

6. Amendments to the approved final development plan.

a. Minor changes in the location, siting, and character of buildings and structures maybe authorized by the building inspector, if required, by engineering or othercircumstances not foreseen at the time the final plans were approved. No changeauthorized by this subsection may cause any of the following:

1. A change in the overall density of the development;

2. An increase in overall coverage of structures;

3. An increase in the intensity of any use;

4. An increase in the problems of traffic circulation and public utilities;

5. A reduction in approved open space;

6. A reduction in off-street parking and loading spaces;

7. A reduction in required pavement widths.

b. All other changes in use or arrangement of lots, blocks, and use areas. or anychanges in the provision of usable open spaces and changes other than listed above,must be made by the commission after reviewing x4TiUen recommendations fromthe building inspector. Any changes which are approved or by changes incommunity policy in the final plans must be recorded as amendments in accordancewith the procedures established for the recording of the initial final plans.

Sec. 1 .11. - Failure to begin planned unit development.

If no construction has begun in the planned unit development within one year from the approvalof the planned unit development final plans and recording of documents, said approval shalllapse and be of no further effect. The city council, upon showing of good cause by the developer,may extend for periods of one year, the time for beginning construction. If an approved plannedunit development application shall lapse, as provided herein, notice of such lapse shall berecorded by the commission in the office of the county clerk of Reeves County, and thereaftersuch approval shall be considered as having been voided. Written notification of such lapse shallbe forwarded to the developer by certified mail, and the commission shall attach a copy of suchnotification to the recorded final plans or plats.

Sec. 11.12. - Violation.

Whenever the commission shall find, in the case of any approved planned unit development, thatany of the terms, conditions, or restrictions upon which such approval was granted are not beingcomplied with, the commission shall serve written notice to the developer stating that 30 daysfrom the date of such notice, the commission shall hold a public hearing to initiate action torescind such approval and to rezone the planned unit development district, where possible, backto its original zoning classification(s). Violation of a planned unit development, as approved,shall constitute a violation of the zoning ordinance.

Sec. 11.13.- Special regulations.

In addition to the regulations stated herein, the following regulations shall be applied to proposedplanned unit developments where required:

1. Town of Pecos City Code of Ordinances, Appendix B - Subdivisions

That section 12 of Appendix A - Zoning” of this Code of Ordinances, Town of Pecos City,Texas, is hereby amended to read as follows:

See. 12. Zero Lot Lines.

12.1 Purpose. The purpose of the zero lot line regulations is to provide for single-familyattached (up to and including duplexes only) or detached residential structures with one zero sidesetback area and reduced setbacks for the remaining sides of the structure. The intent is to allow

a single-family structure to be placed on a side lot line in order to provide a more usable sideyard on the other side.

12.2 Zero Lot Line Regulations.

(1) Zero lot lines will not be considered for individual lots, but must be either part of aplanned unit development, and subject to the terms of the Planned Unit Developmentssection of this ordinance, or placed in an “R-2” Zone.

(2) Lot Area. The minimum lot area shall be 3,000 square feet.(3) Lot Width. The minimum lot width shall be 40 feet.(4) Building Coverage. The maximum building coverage shall be 80 percent of the lot area.(5) Height. The maximum height of a structure shall be 35 feet.(6) Common Open Space When the average lot area is less than 5,000 square feet, at least 15

percent of the net site area shall be provided for common open space.(7) Additional Structures. Additional or accessory structures will be prohibited on lots with

zero lot lines.(8) Structural Considerations. All exteriors and common walls of a zero lot line residence

shall have the same or greater fire rating as provided for in an apartment complex as setforth in the City’s latest adopted fire code.

(9) Side Setback Structures shall be constructed on the side lot line on one side of the lot anda side setback shall be provided on the other side of the said lot subject to the followingconditions:

A. The minimum width of the side setback shall be ten feet.B. A zero setback shall not be permitted when such lot abuts a non-zero lot line

development, in which case, a minimum side setback of five feet shall berequired.

C. An exterior side setback of at least 15 feet shall be required for corner lots.D. No openings for access, light or air shall be permitted in the wall on the zero

setback side.E. The side setback shall be shown by building limit lines on the subdivision plat.

Easements for maintenance, drainage and roof overhangs shall be established bynotation on the plat.

F. Front Setback. The minimum front setback requirements shall be 25 feet, exceptfor rear access subdivision where the reduced setback shall be 10 feet.

G. Rear Setback. The minimum rear setback for single-family and duplex dwellingsshall be five feet minimum from common lot line or one foot minimum from analley.

H. Parking Requirements. The minimum off-street parking requirements for the siteshall be determined at the rate of two off-street parking spaces for each dwellingunit, of which at least one space per dwelling unit must be provided on each lot.The remaining parking spaces must be provided in off-street parking lots. Theareas required for such lots shall be in addition to the common open spacerequirements.

1. Rear Access. All residences with zero lot lines shall have a rear access suitable forfirefighting apparatus maneuverability; commonly a platted alleyway or publicaccess easement as approved by city staff.


Sec. 13. Townhomes.

13.1 Purpose. The purposes of the townome regulations is to permit a greater intensity of landuse while at the same time provide for areas of open space and degrees of privacy comparable tothose qualities inherent in conventional single-family detached housing.

13.2 Townhome Regulations.

(1) Townhomes. but must be either part of a planned unit development, and subject to theterms of the Planned Unit Developments section of this ordinance, or placed in anZone.

(2) Lot area. The minimum lot area shall be 2,000 square feet.(3) Lot width. The minimum lot width shall be 20 feet.(4) Structure separation. The minimum separation of structures shall be ten feet.(5) Dwelling units per structure. There shall be at least three dwelling units and not more

than ten dwelling units per structure.(6) Height. The maximum height of a structure shall be 35 feet.(7) Front setback. A minimum front setback shall be determined by city staff based on the

following:A. Front or rear lot access.B. On-street parking capabilities.C. Number of parking spaces on each lot.D. Number of overflow off-street parking spaces.E. Where townhouse lots and dwelling units are designed to face upon a common

open space courtyard rather than a public street, a rear setback will be required.

(8) Common Open Space When the average lot area is less than 4,000 square feet, at least 10percent (10%) of the net site area shall be provided for common open space.

(9) Additional Structures. Additional or accessory structures, except for parking structures,will be prohibited on townhome lots.


Sec. 15. - Prohibited uses.

The following uses will not be permitted on any property located within the City Limits of theTown of Pecos City, Texas:

15.1 Abattoir or slaughterhouse;

15.2 Acetylene manufacture and storage;

15.3 Acid manufacture;

15.4 Alcohol manufacture and storage;

15.5 Ammonia manufacture and storage;

15.6 Asphalt manufacture and refining;

1 5.7 Butane and propane manufacture and storage;

15.8 Chemical plants emitting toxic odors;

15.9 Cotton ginning, baling, compressing;

15.10 Cotton seed products manufacture;

15.11 Creosote treatment plant;

15.12 Curing, tanning, storage of hides;

15.13 Distillation of boxes, coal or wood;

15.14 Explosive manufacture and storage;

15.15 Fat rendering;

15.16 Feed grinding and processing;

15.17 Fertilizer manufacture and storage;

15.18 Junkyard;

15.19 Liquefied petroleum gas sales and storage (wholesale);

15.20 Mobile Home(s);

15.21 Petroleum refining;

15.22 Slaughterhouse;

15.23 Wool scouring plants;

15.24 Drive-in theater.

(Ord. No. 16-11-02, 2-9-2017)


Sec. 16. - Temporary Land Uses Permits.

16.1-1 Purpose. Certain temporary uses of land are essential to the full development andutilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shallnot be deemed violations of this ordinance when made under the conditions herein provided.Other temporary uses may be permitted by the Town Council that are not listed below,examples include a carnival, open air farmers market, musical event, and more:

Permitted Uses

Temporary Use Districts

Construction OffIce. Temporary field or construction offices and temporary’ buildingmaterial storage areas to be used solely for construction purposes in connection withthe property on which they are erected may be permitted for specific periods of timewhen approved by the building inspector or designee. Such temporary uses shall be All

discontinued by the order of the City and in no event shall such temporary usescontinue to exist on the premises after the construction for which they were erected

is completed.

Real Estate Sales Offlee. Temporary’ field reaL estate sales offices may be permittedin residential districts for specific periods of time when approved by the building

inspector or designee. Such temporary uses may be located in a ‘Model Home” or aAll “R”

portable building within the subdivision, but shall be discontinued by the order oflJ

the building inspector or designee. In no event shall such temporary uses continue15 nc 5

to exist after the subdivision in which the use is located shall have beensubstantially developed.

Manufactured Home qfter Disaster. Temporary Manufactured homes placed on lotswhile homes are being rebuilt in areas declared a disaster by the Federal or State

government. Such temporary uses shall be discontinued by the order of the City and Allin no event shall such temporary uses continue to exist on the premises after the

construction for which they were erected is completed.

Outdoor seasonal sales. A one hundred and twenty (120) day temporary use permitor

may be issued by the City provided that the lot to be utilized has adequate space foroff-street parking, access to restroom facilities for employees, and means of ingress

Districtand egress are compatible with existing traffic flows.

Post-disaster housing. Temporary housing may be permitted in residential districts “R-1” &for up to six (6) months when approved by the building inspector or designee.

16.1-2 Application for Temporary Land Use Permit.

The applicant for a Temporary Land Use permit must present a request in writing to the buildinginspector or designee who shall place the request on the agenda for Town Council consideration.Said application shall be processed in a similar manner as if it were a change in zoning except thatdue to its temporary nature, a recommendation from the Planning and Zoning Commission is notrequired. An official notice mailed to property owners within two hundred (200) feet of the requestedtemporary land use area indicating the time and place of a public hearing and mailed not less thanten (10) days prior [to] said hearing is required.

Application Fee. An application fee in the amount of two hundred and fifty ($250) dollars shallbe paid by the applicant seeking a Temporary Land Use Permit, except for applications related tohousing following and as a result of a disaster, in which case no application fee will be charged.


Sec. 17.- Specific Use Permits (“SUP”).

17.1 Purpose. The purpose of this section is to provide a procedure for administrativeexceptions, as well for the location of certain uses in certain zoning districts and under specificconditions by special permit administratively granted by City Staff/City Manager. Administrativeexceptions to Often uses in one location in the City would be objectionable, while the same use inanother location would be acceptable, especially if the applicant agrees to comply with specific,unique requirements designed to overcome objectionable features. This provision gives theOrdinance flexibility and facilitates the most efficient use of land without excess red-tape orbureaucratic burden on the landowner, provided the proposed use is consistent and in harmony withexisting neighborhood appearance, character and expected traffic.

17.2 Application Fee. An application fee in the amount of $50.00 (fifty dollars) per propertyshall be paid to the City at the time of application. An appeal of an adverse decision against a specialpermit request shall carry the required fee of $250 (two hundred fifty) dollars to be paid by theapplicant to cover City costs of legal notices, advertising, and required notice letters to all propertyowners within 200 feet.

17.3 Criteria for Granting a Specific Use Permit.

In reaching a decision on any application for a SUP, the City Planning staff and/or City Managershall determine:

That the effect of such proposed use and any anticipated increased vehicular traffic will not bedetrimental to the neighborhood and the Specific Use Permit will be compatible with the use andpermitted development of adjacent properties either as filed or subject to such requirements orspecial conditions as the City Manager, after review by city planning staff, may find necessary toprotect and maintain the stability of adjacent properties. Written findings, photographs of allsurrounding and adjacent existing land uses, and specific conditions to be placed on the proposeduse, shall be filed in support of the favorable or adverse decision rendered.

17.4 Expiration of Specific Use Permit. A SUP shall be deemed to have expired one year fromthe date of granting thereof unless the premises covered thereby are being used according to thepermit and all requirements of the permit have been fulfilled. Whenever the specified use isterminated for 160 consecutive days or more, the SUP shall be deemed to have expired. The CityManager may grant a SUP for a specified period of time less than a year.

17.5 Appeals for denied Specific Use Permits. Denied applicants for a SUP must present awritten request for appeal. After public notice and hearing, in the same manner prescribed for a zonechange as described in Sec. 19., the Planning and Zoning Commission may grant the permitincluding the imposition of conditions of use which it may deem essential to ensure that the SpecificUse is consistent with the spirit, purpose and intent of this ordinance, will not substantially andpermanently injure the appropriate use of neighboring property, and will substantially serve the publicinterest.

17.6 Types of Specific Use Permit. The following uses may be permitted by the City Managerafter review by city staff under these provisions:

o ).o ‘R-2” uses in “R-i” Districts.

o A second detached dwelling unit on a given lot, provided a minimum lot size of 8000 squarefeet.

o Up to 25% reduction in yard setbacks.

o Up to 25 % reduction in minimum lot size.

o Up to 25% increase in maximum allowed lot coverage.

o Up to 20% decrease in minimum dwelling size.

o Up to 10 foot increase in building height.

o “C-2” uses in “C-i” Districts.

o “1-1” industrial uses in C-i” and “C-2” Districts.

o Apartments in the “R-l” , “R-2” and “C-i” Districts.

o Day nursery in the “R-2” District.

0

17.7 All requirements set forth in a specific use permit shall be completed within the timeframeset forth by the City Manager. All requests for extended time for compliance shall be submitted tothe City, in writing, as part of the permit application process. Consideration for extensions to thistimeframe will not be given after the permit is issued. Failure to comply with the timeframe setforth in the permit shall result in immediate nullification of the permit.

(Ord. No. 15-02-01, 2-26-2015)


Sec. 19. - Nonconforming buildings and uses.

The lawful use of any building, structure or land existing at the time of the enactment of thisordinance may be continued although such use does not conform with the provisions of thisordinance, provided, however, the right to continue such nonconforming uses shall be subject toregulations prohibiting the creation of a nuisance and shall terminate when inappropriate use ofthe premises produces a condition which constitutes a nuisance, and further, the right ofnonconforming uses to continue shall be subject to such regulations as the maintenance of thepremises and conditions of operations as may in the judgment of the board of adjustment bereasonably required for protection of adjacent property and further, the right of nonconforminguses to continue shall be subject to the specific regulations herein contained.

19.1 Nonconforming buildings.

19.1-1 Occupancy permitted: A nonconforming building or structure may be occupied except asherein otherwise provided.

19.1-2 Repairs or alterations: Repairs and alterations may be made to a nonconforming buildingor structure, provided that no structural alteration shall be made except those required by law orordinance, and further provided these regulations shall never be construed to allow an addition toa nonconforming building.

19.1-3 Additions, enlargements, moving:

(a) A nonconforming building or structure shall not be added to or enlarged in any mannerunless such addition and enlargements are made to conform to all requirements of the district inwhich such building or structure is located.

(b) No nonconforming building or structure shall be moved in whole or in part to any otherlocation on the lot, or on any other lot, unless every portion of such building or structure is madeto conform to all the regulations of the district in which such lot is located.

19.1-4 Restoration of damaged buildings: A nonconforming building or structure which isdamaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity oract of God, shall not be again restored or used for such purpose if the expense of such restorationexceeds fifty (50) percent of the replacement cost of the building or structure at the time suchdamage occurred. Any nonconforming building or structure partially destroyed may be restoredprovided restoration is started within six (6) months of the date of partial destruction and isdiligently prosecuted to completion. Whenever a nonconforming building or structure isdamaged in excess of fifty (50) percent of its replacement cost at that time, the repair orreconstruction of such building or structure shall conform to all the regulations of the district inwhich it is located, and it shall be treated as a new building.

19.2 Nonconforming uses of buildings or structures.

19.2-1 Continuation: Except as otherwise provided in this ordinance, the nonconforming use ofthe building or structure lawfully existing at the time of the effective date of this ordinance. maybe continued. In those cases where such use is dependent upon the renewal of any license orpermit. nothing in this ordinance shall be deemed as a bar or prohibition of the renewal of suchLicense or permit provided, however, that such continued use does not constitute or create anuisance, and further provided that the right of such nonconforming use so dependent upon therenewal of such license or permit to continue shall be subject to such regulations as in themaintenance of the premises and conditions of operations as may, in the judgment of the boardof adjustment, be reasonably required for the protection of adjacent property, and such right to socontinue shall be subject to the specific regulations herein contained. Nothing in this ordinancehowever shall be construed to permit the issuance of a new license or permit to any other personor persons or the sale, transfer, or assignment of any existing license or permit to another personor persons.

19.2-2 The use of a nonconforming building or structure may be changed to a use of the same, ormore restricted classification, but where the use of a nonconforming building or structure ishereafter changed to a use of a more restricted classification, it shall not thereafter be changed toa use of less restricted classification.

19.2-3 A vacant, nonconforming building or structure lawftflly constructed may be occupied byuse for which the building or structure was designated or intended, if so occupied within a periodof six (6) months after the effective date of this ordinance, and the use of a nonconformingbuilding or structure lawfully constructed which becomes vacant after the effective date of thisordinance, may also be occupied by the use for which the building or structure was designated orintended, if so occupied within a period of six (6) months after the building becomes vacant.

Covered under 16.1-3 above

19.3 Nonconforming use of land.

19.3-1 Continuation of use. The nonconforming use of land existing at the time of the effectivedate of this ordinance, may be continued, and provided:

19.3-1-1 That no such nonconforming use of land shall in any way be expanded orextended either on the same or adjoining property.

19.3-1-2 That if such nonconforming use of land or any portion thereof is discontinued orchanged. any future use of such land or portion thereof shall be in conformity with the provisionsof this ordinance.

19.3-1-3 That any sign, billboard, poster panel, storage yard, or manufactured home and/orRV park which is lawfully existing and maintained at the time of the effective date of thisordinance, may be continued, although such use does not conform with the provisions hereof,provided however, that no structural alterations are to be made thereto.

19.4 Abandonment. A nonconforming use of any building, structure or land which has beenabandoned shall not thereafter be returned to such nonconforming use. A nonconforming useshall be considered abandoned when the intention of the owner to discontinue the use isapparent, or when the characteristic equipment and furnishings of the nonconforming use havebeen removed from the premises and have not been replaced by similar equipment within six (6)months, or when a nonconforming building, structure or land or portion thereof which is orhereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6)months or when it has been replaced by a conforming use.

19.5 District changes. Whenever the boundaries of a zoning district shall be changed so as totransfer an area from one district to another district of a different classification or whenboundaries or districts are changed as a result of annexation of new territory or changes in theregulations or restrictions of this ordinance, the foregoing provisions shall also apply to anynonconforming uses existing therein which may so become nonconforming.

19.6 Temporary Nonconforming Use Permit QtNCUP”)

19.6.1 Purpose. The purpose of this section is to provide a procedure for the location of temporaryhousing in certain zoning districts and under specific conditions by special permit administratively grantedby City Staff/City Manager in times of housing shortage. The use of a TNCUP should be used when animmediate housing need is present, and permanent housing cannot be established in time to meet theneed. Additional conditions may be required by the City Manager as part of the permit to reduce conflicts,to reduce the objectionability of or improve the aesthetics of the temporary housing.

19.6.2 Application Fee. An application fee in the amount of S50.O0 (fifty dollars) per temporary residenceshall be paid to the City at the time of application. An appeal of an adverse decision against a specialpermit request shall carry the required fee of $250 (two hundred fifty) dollars to be paid by the applicant tocover City costs of legal notices, advertising, and required notice letters to all property owners within 200feet.

19.6.3 Criteria for Granting a Temporary Nonconforming Use Permit.

In reaching a decision on any application for a TNCUP, the City Planning staff and/or CityManager shall determine:

That the effect of such proposed use and any anticipated increased vehicular traffic will not bedetrimental to the neighborhood and the Temporary Nonconforming Use Permit will be compatiblewith the use and permitted development of adjacent properties either as filed or subject to suchrequirements or special conditions as the City Manager, after review by city planning staff, may findnecessary to protect and maintain the stability of adjacent properties. Written findings, photographsof all surrounding and adjacent existing land uses, and specific conditions to be placed on theproposed use, shall be filed in support of the favorable or adverse decision rendered.

19.6.4 Expiration of Temporary Nonconforming Use Permit. A TNCUP shall be deemed to have expiredone year from the date of granting thereof unless the premises covered thereby are being used accordingto the permit and all requirements of the permit have been fulfilled. Whenever the specified use isterminated for 180 consecutive days or more, the TNCUP shall be deemed to have expired. The CityManager may specify that a TNCUP expire in less than a year.

19.6.5 Appeals for denied Temporary Nonconforming Use Permit. Denied applicants for a TNCUP mustpresent a written request for appeal. After public notice and hearing, in the same manner prescribed for azone change as described in Sec. 19., the Planning and Zoning Commission may grant the permitincluding the imposition of conditions of use which it may deem essential to ensure that the specific use isconsistent with the spirit, purpose and intent of this ordinance, will not substantially and permanentlyinjure the appropriate use of neighboring property, and will substantially serve the public interest.

19.6.6 Types of Temporary Nonconforming Use Permit. The following uses may be permitted by the CityManager after review by city staff under these provisions:

o RV Parks or Manufactured Home Park in the “R-2” “C-2” or “I-i” Districts

o Manufactured Home or RV for use as an employee, caretaker’s, manager’s, or guard’sresidence/living quarters in the “C-i”, “C-2”, “I-i” Industrial District, or temporarily forconstruction crews for on-site construction projects in all zones.

o No more than (4) four manufactured homes or RV’s per lot. Manufactured home/RV5 shall belocated not less than 30 feet from any other structures or from any property line of an adjacentlot or parcel of land.

o Manufactured home/RVs shall be tied in to public water and sewer systems through permits andinspections completed by the Town; such utility services shall be provided using service linesand no permanent easement shall be established for the purpose of providing such utilities. Upto four RV5 may be connected to a single water and sewer service, separate from any primarydwelling structure. Construction-related temporary RV’s/Manufactured Homes shall be removedimmediately upon completion of the on-site project without exception. Upon expiration of aTNCUP, utilities shall be capped and or abandoned to the City’s satisfaction.

19.6.7 Area requirements for recreational vehicles and manufactured homes shall be regulated byChapter 39 of this Code of Ordinances — “Manufactured Housing and Recreational VehicleParks’.

19.6.8 All requirements set forth in a Temporary Nonconforming Use Permit shall be completed within90 calendar days of issuance of permit, unless an extension is specifically granted, in writing, by the CityManager as part of the original specific use permit. All requests for extended time for compliance shall besubmitted to the City, in writing, as part of the original permit application process. Consideration forextensions to this timeframe will not be given after the permit is issued. Failure to comply with thetimeframe set forth in the permit shall result in immediate nullification of the permit. Denial of timeextensions shall not be subject to appeal.

That the Code of Ordinances, Town of Pecos City, Texas, is hereby amended by adding anarticle and subsequent sections to Appendix A - “Zoning” to read as follows:

Article 3. Special Regulations.

Sec. 1-1. - Communications antennas, satellite dishes and support structures/towers.

(a) Purpose. The purpose of this section is to establish guidelines for the siting of communicationsantennas, satellite dishes and support structures/towers.

(b) Intent. The intent of this section is to:

(1) Encourage the location of towers in non-residential areas;

(2) Minimize the total number of towers throughout the community;

(3) Encourage the joint use (co-location) of new and existing towers;

(4) Protect the character and integrity of the historic districts; and

(5) Enhance the ability of the providers of telecommunications services to provide such services tothe community quickly, effectively, and efficiently.

(c) General regulations. All communications antennas, antenna support structures, satellite dishes andother similar antennas shall comply with the following:

(1) All municipally owned antennas! antenna support structures, and satellite dishes shall bepermitted in any district (e.g.! public safety communications, etc.).

(2) Antennas (amateur or commercial) shall comply with all regulations of the FederalCommunications Commission (FCC). Additionally, the regulations contained herein shall notapply to the extent that they have been preempted by specific regulations of the FCC to thecontrary.

(d) Specific regulations Antennas and antenna support structures shall also comply with the following:

(1) Residential zoning districts. Commercial antennas and antenna support structures are allowedonly as follows:

a. A commercial antenna may be attached to a utility structure (e.g.! electricaltransmission/distribution tower, elevated water storage tank, etc.) regardless of the heightof said structure; provided that the antenna does not extend more than ten feet above theheight of said structure.

b. A commercial antenna may be placed wholly within any building permitted in the zoningdistrict. A commercial antenna may be mounted flush to the exterior of a building/structureif it is painted and/or disguised to integrate into the overall architectural design and is notreadily visible/identifiable as an antenna from public roadways or neighboring residentialproperties.

c. All commercial signs, flags, lights, and attachments shall be prohibited on any antenna orantenna support structure, unless required for communications operations, structuralstability, or as required for flight visibility by the FCC and the Federal AviationAdministration (FAA).

d. No commercial antenna support structure shall exceed height limitations imposed by virtueof aircraft approach and turning zone height restrictions.

(2) Industrial districts. Commercial antennas and antenna support structures are permitted by rightas follows:

a. A commercial antenna support structure must meet the setback requirements as follows:

1. No antenna, antenna support structure, microwave reflector/antenna, or associatedfoundations or support wires or appurtenances shall be located within any requiredsetback area for the front, side, or rear yards.

2. No antenna support structure shall be closer to any residential district boundary line orresidential dwelling than a distance equal to twice the height of the support structure.

(i) Setback/distance shall be measured as the shortest possible distance from thestructure to the closest point of a residential district boundary line or residentialdwelling.

(ii) The additional setback requirements shall not apply to antennas that meet therequirements as provided for in subsections (d)(2)b and (d)(2)c of this section.

b. A commercial antenna support structure shall be limited in height to a maximum height of175 feet.

c. A commercial antenna may be attached to a utility structure (e.g., electricaltransmission/distribution tower, elevated water storage tank, etc.) regardless of the heightof said structure; provided that the antenna does not extend more than ten feet above theheight of said structure.

d. A commercial antenna may be placed wholly within any building permitted in the zoningdistrict. A commercial antenna may be mounted flush to the exterior of a building/structureif it is painted and/or disguised to integrate into the overall architectural design and is notreadily visible or identifiable as an antenna from public roadways or neighboring residentialproperties.

e. All commercial signs, flags, lights, and attachments shall be prohibited on any antenna orantenna support structure, unless required for communications operations, structuralstability, or as required for flight visibility by the FAA and FCC.

f. No commercial antenna support structure shall exceed height limitations imposed by virtueof aircraft approach and turning zone height restrictions.

(3) Historic districts. Commercial antennas and antenna support structures are permitted byspecific use permit as follows:

a. Commercial antennas and antenna support structures shall be allowed within the historicdistricts, provided they are designed to blend with and conform to the historic districtdesign standards and character in order to preserve the historic integrity of the district andare approved through the normal historic district design review process for each historicdistrict, prior to the specific use permit being considered by the planning and zoningcommission for recommendation to the city council.

b. All commercial signs, flags, lights, and attachments shall be prohibited on any antenna orantenna support structure unless required for communications operations, structuralstability, or as required for flight visibility by the FAA and FCC.

c. No commercial antenna support structure shall exceed height limitations imposed by virtueof aircraft approach and turning zone height restrictions.

(4) Non-residential zoning districts. Commercial antennas and antenna support structures arepermitted by specific use permit, except as provided for in subsections (d)(4)e, (d)(4)f and(d)(4)g of this section, which may be allowed without a specific use permit. All commercialantennas in these districts shall comply with the following:

a. Commercial antenna support structures must meet the setback requirements as follows:

1. No antenna, antenna support structure, microwave reflector/antenna, or associatedfoundations or support wires or appurtenances shall be located within any requiredsetback area for the front, side, or rear yards.

2. No antenna support structure shall be closer to any residential district boundary line orresidential dwelling than a distance equal to twice the height of the support structure.

(i) Setback’distance shall be measured as the shortest possible distance from thestructure to the closest point of a residential district boundary line or residentialdwelling.

(H) The additional setback requirements shall not apply to antennas that meet therequirements as provided for in subsections (d)(4)e, (d)(4)f and (d)(4)g of thissection.

b. A commercial antenna support structures may be increased in height beyond the heightlimits of the zoning district if located at least a distance from any property line equal tothree times the height of the support structure, notwithstanding that the maximum heightpermitted being 125 feet.

c. All commercial signs, flags, lights, and attachments shall be prohibited on any antenna orantenna support structure, unless required for communications operations, structuralstability, or as required for flight visibility by the FAA and FCC.

d. No commercial antenna support structure shall exceed height limitations imposed by virtueof aircraft approach and turning zone height restrictions.

e. A commercial antenna shall be permitted on the roof of a building, as long as it does notextend more than ten feet above the roof of the building and conforms to the maximumbuilding height of the zoning district.

f. A commercial antenna may be attached to a utility structure (e.g., electricaltransmission/distribution tower, elevated water storage tank, etc.) regardless of the height

of said structure; provided that the antenna does not extend more than ten feet above theheight of said structure.

g. A commercial antenna may be placed wholly within any building permitted in the zoningdistrict. A commercial antenna may be mounted flush to the exterior of a building/structureif it is painted and/or disguised to integrate into the overall architectural design and is notreadily visible/identifiable as an antenna from public roadways or neighboring residentialproperties.

(e) New antennas and antenna support structures.

(1) Co-location of antennas and antenna support structures shall be required. No new antennasand antenna support structures shall be permitted unless the applicant demonstrates to thereasonable satisfaction of the city that no existing antenna support structure can accommodatethe applicants proposed antenna. Evidence submitted to demonstrate that no existing tower orstructure can accommodate the applicant’s proposed antenna may consist of any of thefollowing:

a. No existing towers or structures are located within the geographic area, which meet theapplicant’s engineering requirements;

b. Existing towers or structures are not of sufficient height to meet the applicants engineeringrequirements;

c. Existing towers or structures do not have sufficient structural strength to support theapplicant’s proposed antenna and related equipment; or

d. The applicant demonstrates that there are other limiting factors that render existing towersand structures unsuitable.

(2) Any proposed commercial wireless telecommunications service tower shall be designedstructurally, electrically, and in all respects to accommodate both the applicant’s antennas andcomparable antennas for at least three additional users if the tower is over 100 feet in height orfor at least two additional users if the tower is over 50 feet in height. Towers must be designedto allow for future rearrangements of antennas upon the tower and to accept antennas mountedat varying heights.

(1) Satellite dishes, parabolic antennas and other similar antennas. Satellite dishes, parabolic antennas,and other similar antennas shall also comply with the following:

(1) In single family and duplex residential districts, the following regulations shall apply:

a. All (any size) satellite dishes, parabolic antennas, and other similar antennas shall beprohibited within the front yard and side yard at comer setback areas.

b. Satellite dishes, parabolic antennas, and other similar antennas greater than three feetshall not exceed 12 feet in diameter, shall be allowed only in the rear half of a lot, shallobserve accessory building setbacks, and shall be required to receive a permit from thechief building official.

c. Satellite dishes shall be permitted on the roof of a building, provided they do not exceedthree feet in diameter and do not extend more than ten feet above the roof of the building,except satellite dishes shall be prohibited upon roofs of residential uses within a historicoverlay district if visible from a public right-of-way.

d. Satellite dishes, parabolic antennas, and other similar antennas greater than three feetwithin a historic overlay district shall be so located and screened within the rear half of thelot so as to blend with and conform to the historic districts design standards and/orcharacter in order to preserve the historic integrity of the district. Design approval shall bethrough the normal historic district design review process prior to submitting a permitapplication to the chief building official.

e. Only one satellite dish, parabolic antenna, or other similar antenna shall be permitted perdwelling unit.

(2) In all zoning districts except single family and duplex districts, the following regulations shallapply:

a. All (any size) satellite dishes, parabolic antennas, and other similar antennas shall beallowed only in the rear half of a lot, and shall observe accessory building setbacks.

b. Satellite dishes, parabolic antennas, and other similar antennas shall be permitted on theroof of a building, provided they do not exceed three feet in diameter and do not extendmore than ten feet above the roof of the building, except satellite dishes shall be prohibitedupon roofs of residential uses within a historic overlay district if visible from a public right-of-way.

c. Satellite dishes over three feet in diameter, but not exceeding 12 feet in diameter, may bemounted on the roof of a structure, provided a letter affirming its structural stability iswritten by a registered architect or engineer and submitted to the chief building official.Roof-mounted satellite dishes may not extend more than 12 feet above the roof of thebuilding. Roof-mounted satellite dishes that comply with the above do not require additionalyard setbacks or setbacks from residential areas or dwellings.

d. Satellite dishes greater than three feet within the historic districts shall be so located andscreened within the rear half of a lot as to blend with and conform to the historic district’sdesign standards and character in order to preserve the historic integrity of the district.Design approval shall be through the normal historic district design review process prior tosubmitting a permit application to the chief building official.

e. Only one satellite dish, parabolic antenna, or other similar antenna shall be permitted perprimary structure, unless specifically required for business needs and approved through the siteplan process.SEVERABILITY: If any article. section, subsection, clause, paragraph, sentence or phrase ofthis ordinance shall, for any reason, be held to be invalid or unconstitutional, such invalid article,section, subsection, clause, paragraph. sentence or phrase is hereby declared to be severable; andany such invalid or unconstitutional article. section, subsection, clause, paragraph, sentence orphrase shall in no way affect the validity of the remaining portions of this ordinance; and it ishereby declared to be the intention of the City Council to enact each section and portion thereofindividually, and each such section shall stand individually if necessary, and be in forceregardless of the determined invalidity or unconstitutionality of any article, section, subsection,clause, paragraph, sentence or phrase thereof

EFFECTIVE DATE: This ordinance shall be effective immediately upon passage of thesecond reading of this.

PASSED AND APPROVED THIS 10 DAY OF

_________,2017.

L//AD k2Venetta Seals, Mayor Town of Pecos City ATTEST:

First Reading: July 27, 2017Second Reading: August 10, 2017

Syra titlioIs,CftyScretary

APPROVED AS TO FORM ANDFUNCTION:

Rod Ponton, City Attorney

Texas. is hereby amended to read as follows: “Zoning” of ... · 6.1-2Public parks, playgrounds,...

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Transcript of Texas. is hereby amended to read as follows: “Zoning” of ... · 6.1-2Public parks, playgrounds,...