§ 38. Supplemental regulations.  


Latest version.
  • 38.1

    A.

    Measuring setbacks. All setback measurements shall be made in accordance with illustrations 38-1 thru 38-8.

    B.

    Configuration of lots. Wherever possible, flag lots (i.e., lots with minimal, or panhandle type, frontage) shall be avoided. Similarly, through (i.e., double frontage) lots (particularly within residential zoning districts) shall also be avoided wherever possible. (Also see subdivision ordinance for regulations pertaining to the configuration of lots.)

    C.

    Building setbacks. All setbacks established on a recorded plat shall be enforced, even if they exceed the required setbacks in this ordinance. Setbacks established on a recorded plat shall only be changed through replat proceedings (see subdivision ordinance).

    38.2

    Front yard.

    A.

    On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard.

    B.

    Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.

    C.

    The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard. Open porches extending into the front yard shall not be enclosed.

    D.

    Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot. The front building line required in a zoning district may be increased by up to five feet on cul-de-sac and street eyebrow lots in order to comply with the minimum lot width required in that zoning district, provided that an adequate building pad area (i.e., has adequate depth) is retained on the lot after moving the front building line back.

    E.

    See subsection 42.1 for special front yard regulations and setbacks for gasoline service station pump islands and canopies.

    F.

    Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

    38-2F-1.png

    Illustration 38-1

    38-2F-2.png

    Illustration 38-2

    38-3.png

    Illustration 38-3: Flag Lot (i.e. front lot line not adjacent to the front street line)

    38-4.png

    Illustration 38-4: Front yard where zoning changes in block

    38-5.png

    Illustration 38-5: Floor area ratio

    38-6.png

    Illustration 38-6: Lot width

    38-7.png

    Illustration 38-7: Lot area and depth

    38-8.png

    Illustration 38-8: Lot width

    38.3

    Side and rear yards.

    A.

    On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek/floodplain area, or other similar phenomenon. In such case, a building line may be designated by the municipal development department, with a minimum side yard of 15 feet or more (as determined by the applicable zoning district standards). On lots which were official lots of record prior to the effective date of this ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

    B.

    Every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side or rear yard, and roof eaves projecting not to exceed 36 inches into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be enclosed. A canopy or awning may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet from the property line. The minimum separation between buildings shall be maintained, per the city's building code.

    38.4

    Special height regulations.

    A.

    In any zoning district, water stand pipes and tanks, church steeples, domes and spires, ornamental cupolas, uninhabited (or one-man overseer's penthouse not exceeding 50 square feet in size) utility or industrial structures, and city or school district buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that two additional feet shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

    38.5

    Communications antennas and support structures/towers.

    A.

    Applicability.

    1.

    These regulations apply to all commercial and amateur antennae and support structures, unless exempted in subsection 2 below.

    2.

    Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the FCC), television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is 20 feet or more in height:

    a.

    In any zoning district, antennae that are 36 inches or less in diameter;

    b.

    In a nonresidential zoning district, antennae that are six feet or less in diameter;

    c.

    In any zoning district, antennae designed to only receive television broadcasts;

    d.

    In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and

    e.

    In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over 20 feet in height.

    3.

    Support structures or antennae legally installed before the effective date of this ordinance are not required to comply with this ordinance, but must meet all applicable state, federal and local requirements, building codes and safety standards.

    B.

    Special definitions. For the purpose of this section, the following special definitions shall apply:

    1.

    Antenna, microwave reflector and antenna support structure. An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.

    2.

    Antenna (noncommercial/amateur) An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet in diameter shall also be considered as a non-commercial antenna.

    3.

    Antenna (commercial). An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet in diameter shall also be considered as a commercial antenna.

    4.

    Collocation. The use of a single support structure and/or site by more than one communications provider.

    5.

    Communications operations (noncommercial/amateur). The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.

    6.

    Communications operations (commercial). The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.

    7.

    Height. The distance measured from the finished grade of the lot/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.

    8.

    Radio, television or microwave tower. See "antenna, microwave reflector and antenna support structure".

    9.

    Telecommunications tower or structure. See "antenna, microwave reflector and antenna support structure".

    10.

    Temporary/mobile antenna. An antenna and any associated support structure/equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.

    11.

    Wind turbines (electrical generation). Wind turbines for electrical generation are prohibited in any residential district within the corporate city limits of Terrell and allowed only in the light industrial (LI) district by specific use permit (SUP).

    12.

    Wireless communication tower or structure. See "antenna, microwave reflector and antenna support structure".

    C.

    General requirements.

    1.

    Antennae and support structures may be considered either principal or accessory uses.

    2.

    Antenna installations shall comply with all other requirements of the zoning ordinance and the Code of Ordinances with the exception of those specifically cited within these regulations.

    3.

    No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to one and one-half the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed 50 feet in height, or to antennae placed wholly within or mounted upon a building.

    4.

    No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.

    5.

    All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), Texas Historical Commission (THC) review and/or all other applicable federal, state and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six months or as may otherwise be required by the applicable regulating authority.

    6.

    A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless the particular antenna is exempt from these regulations (see subsection 38.5.A. above). All installations shall comply with applicable federal, state and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have 30 calendar days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.

    7.

    Antennae (amateur or commercial) shall not create electromagnetic or other interference with the City of Terrell's and the county's radio frequencies and public safety operations, as required by the FCC. Antennae also shall not interfere with radio or television reception of nearby property owners. In no manner shall the use of such equipment infringe upon adjoining property owners.

    8.

    No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas (such as at street intersections or where a private driveway enters a roadway) or a traffic safety problem.

    9.

    Safeguards shall be utilized to prevent unauthorized access to an antenna installation (e.g., on a water tower or utility structure, a free-standing installation, etc.). Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.

    10.

    Temporary antennae shall only be allowed in the following instances:

    a.

    In conjunction with a festival, carnival, rodeo or other special event/activity;

    b.

    In case of an emergency (e.g., severe weather, etc.) or a news coverage event;

    c.

    When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven calendar days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna.

    11.

    Collocation is greatly encouraged by the city.

    a.

    All new support structures over 50 feet in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

    b.

    A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within 50 feet of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by SUP, then its new location shall be within the physical/land boundaries of the SUP). The original (i.e., former) support structure shall be removed from the property within 90 calendar days following completion of the new structure.

    c.

    Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.

    12.

    Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop, and such screening device shall be architecturally compatible with the design and materials of the building. When ground-mounted, they shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures.

    13.

    Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39 inches) in diameter and antennae do not extend over ten feet above the roof of the building. A letter certifying the roof's/building's structural stability shall be written and sealed by a registered architect or engineer, and shall be submitted to the municipal development department prior to any approval of a roof-mounted antenna. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.

    14.

    Only one amateur antenna/support structure shall be permitted per residential lot, except that a maximum of two satellite dishes may be allowed if both units are no larger than 36 inches in diameter (only one allowed if over three feet in diameter). Maximum height of an amateur antenna shall not exceed 50 feet in height measured from the ground and must be located a distance from any property line equal to the height of the antennae.

    15.

    All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification/replacement.

    16.

    Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications, etc.) however, setbacks and other applicable standards shall apply.

    17.

    In all residential zoning districts (including AG, EE-32, SF-16, SF-10, SF-7.5, SF-6, TH-12, MF and MH), commercial antennae and antenna support structures are prohibited, except as specified within this section.

    a.

    A commercial antenna may be attached to a utility structure (e.g., electrical transmission/ distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds 50 feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure (see subsection 38.5.C.3. above).

    b.

    A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection 38.5.C.3. above). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible or identifiable as an antenna from public roadways or from neighboring residential properties.

    18.

    In nonresidential zoning districts (including O, NS, R, CBD, HC, C, and LI), commercial antennae and antenna support structures are allowed as follows:

    a.

    Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by specific use permit (SUP) provided the structure conforms in all other aspects of the base zoning district's regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.

    b.

    A commercial antenna may be attached to a utility structure (e.g., electrical transmission/ distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds 50 feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure (see subsection 38.5.C.3. above).

    c.

    A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection 38.5.C.3. above). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.

    38.6

    Minimum dwelling unit area. Minimum dwelling unit areas specified in this ordinance shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.

    38.7

    Open storage areas. Open long-term storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to short-term outside display (see definition of outside display in section 44; see screening requirements in section 36.

    38.8

    Nonresidential structures in residential districts.

    A.

    Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (AG, EE-32, SF-16, SF-10, SF-7.5, SF-6, TH-12, MF and MH) shall be designed and constructed such that they conform to the development standards set forth in the neighborhood services (NS) district zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, exterior building construction, etc.) unless otherwise stated in this ordinance or in an ordinance establishing a PD.

    38.9

    Access standards for nonresidential and multifamily lots.

    A.

    All nonresidential lots (including pad sites) shall share driveway curb openings via mutual access easements from one lot to adjacent lots (for fire and emergency access, as well as for public convenience).

    B.

    All nonresidential and multifamily lots (including pad sites) shall have either direct or indirect (via mutual access/fire lane easements on adjacent property) access to a median opening if located on a median-divided roadway (existing or planned in the future). Driveways for all nonresidential and multifamily lots (including pad sites) shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway.

    38.10

    Temporary use permit. The following temporary uses may be allowed under the conditions and for the time specified upon permit application review by the director or his designee and payment of the required fee. Applications must be submitted ten business days prior to the proposed start date of the temporary use.

    A.

    Temporary use defined. Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in section 32.2 chart 3, accessory and temporary uses and in section 44, definitions. In addition, the following uses and activities shall be considered temporary uses (Note: Special events such as parades, block parties, carnivals, circus, processions, events involving use of a public right-of-way, street or publicly owned property, or private parties with 50 or more attendees in which alcohol is to be consumed shall be permitted through the police department with a special events permit):

    1.

    Fundraising activities by not-for-profit agencies. Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 24 hours. An alternate method for permitting fundraising or other non-profit temporary activities is to submit an annual schedule of proposed events to be held on non-contiguous days (such as certain weekends or holidays, etc.) for a total not to exceed 15 days in any one calendar year.

    2.

    Sales events. Significant temporary indoor commercial activities lasting not longer than three days (a maximum of two extensions may be granted for up to two days each) intended to sell, lease, rent or promote specific merchandise, services or product lines, including, but not limited to, warehouse sales, trade shows, flea markets, or product demonstrations, art work or other goods sold on the same premises as the primary business or sponsor's property. (This does not include peddlers and solicitors which are regulated under separate ordinances (see chapter 5, city Code of Ordinances.)

    3.

    Garage, estate, rummage, yard sales. Occasional sales of tangible personal property at retail in residential zoning districts or property, not to exceed two in number during any calendar year, by the property owner or lessee residing at the address at which the sale is occurring or is an agent of the property owner (estate sales). No new merchandise (i.e. merchandise acquired solely for the purpose of resale) shall be sold nor shall any retail business be operated or conducted on the premises at such occasional sales. Maximum duration of any such occasional sale shall not exceed three consecutive days and shall run only from Friday through Sunday. Exception: estate sales may be conducted for up to five consecutive days only if the property owner's agent or relative submits a written request prior to the sale to the director stating the proposed dates of the sale. One on-premises sign and up to three off-premises signs, not exceeding two square feet in size, shall be allowed per sale and shall be placed on private property only with the property owner's permission. No signs shall be allowed on public right-of-way, utility poles or trees and shall not be placed prior to 8:00 a.m. on Friday and shall be removed prior to 8:00 a.m. on Monday.

    4.

    Seasonal sales events. Produce, sales of food, farmer's markets, pumpkins, Christmas tree lot sales, etc. for sale during short seasonal or holiday periods lasting not longer than six weeks (a maximum of two extensions may be granted for up to one week each) but in no case shall the sale period exceed 60 days. (This does not include peddlers and solicitors which are regulated under separate ordinances (see chapter 5, city Code of Ordinances.).

    5.

    Special events. (Special events are permitted through the police department.) Short-term cultural and entertainment events including parades, block parties, private parties with 50 or more attendees in which alcohol is consumed, intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals. "Special event" means a temporary event or gathering, other than those events defined in the special events ordinance as a parade or a neighborhood block party, using either private or public property, including a circus, carnival, fair, or other event, and/or performance of music or celebration of event on a political, religious or social issue which involves one or more of the following activities, except when the activity is for construction or house moving purposes only:

    a.

    Closing a public street;

    b.

    Blocking or restriction of public property, limiting the use of parks by the general public, and streets;

    c.

    Offer of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance;

    d.

    Erection of a tent on public property, or on private property where otherwise prohibited by ordinance;

    e.

    Installation of a stage, band shell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance;

    f.

    Placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance;

    g.

    Placement of temporary no parking signs in a public right-of-way; or

    h.

    A fee or donation is charged for attendance or participation.

    6.

    Private party or wedding rental facilities. Indoor facilities which are leased or rented for short term private parties or wedding events that are typically leased or rented by the hour or less than 24 hours. Private outdoor parties of 50 or more attendees in which alcohol is consumed shall require a special events permit through the police department.

    7.

    Temporary construction projects. Temporary concrete or paving batch plants, construction yards, temporary construction offices, temporary outside storage of equipment or materials are allowed for the duration of a project, however, the site must be kept free of trash and debris and in an orderly appearance. The area must be secured by a fence from unauthorized entry and the site restored to its original condition after the project ends and all construction materials removed.

    B.

    Application. An application for a temporary use permit shall be submitted to the director or his designee at least five working days before the requested start date for a temporary use and shall include the following:

    1.

    A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event

    2.

    A written description of how the temporary use complies with the review criteria in [subsection] D, below.

    3.

    A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines.

    4.

    A letter from the property owner agreeing to the temporary use.

    5.

    Any additional information required by the director.

    6.

    It is strongly recommended that the applicant not commit to contracts, rental agreements or funds prior to approval of the temporary use permit.

    C.

    Review and action by the director. The director shall make a determination whether to approve, approve with conditions, or deny the permit within five working days after the date of application. Any applicant denied a permit by the director shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the zoning board of adjustment.

    D.

    Review criteria. Temporary uses shall comply with the following requirements:

    1.

    Land use compatibility. The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points.

    2.

    Compliance with other regulations. The temporary use shall conform in all respects to all other applicable city regulations and standards including additional fees or permits required by the police department or city secretary's office.

    3.

    Restoration of site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use. In the event the site was used as a temporary concrete batch plant, no by-products of the operation including concrete slag, remnants, rock, gravel or other related debris shall be buried on site but shall be completely removed and the area re-graded smooth and the sod or grassy vegetation reestablished. The applicant shall be responsible for ensuring the complete restoration of the site.

    4.

    Hours of operation and duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the director at the time of approval of the temporary use permit.

    5.

    Traffic circulation. The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls.

    6.

    Off-street parking. Adequate off-street parking shall be provided on-site for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s) or adjacent properties. Off-site parking shall only be allowed on adjacent property with the written permission of the property owner which must be submitted with the TUP application. Off-site parking shall not be permitted across major thoroughfares from the event in order to prevent pedestrian/vehicle hazards.

    7.

    Public conveniences and litter control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.

    8.

    Appearance and nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.

    9.

    Signs. The director shall review all signage, although a sign permit is not required. The director may approve the temporary use of attention attracting devices.

    E.

    Additional conditions. The director may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use.

    1.

    A temporary building or structure may be used as an office incidental to construction work if such building is located upon the same property as the site under construction and does not provide for a use that is not incidental to construction on the premises. Such buildings or structures shall be removed following final acceptance of the construction by the city. No longer than 30 days maximum shall be allowed for removal of such buildings or structures.

    2.

    A temporary facility, or a permanent residential structure located on any platted lot in an approved residential subdivision may be used as a construction office, or a sales office, or for display purposes. No more than one office and no more than four display facilities shall be allowed for any purposes in any subdivision. Such temporary uses shall be allowed for a period of up to one year, with extensions upon application and approval, of up to six months possible, provided construction remains continuous and no more than ten lots remain unsold in the subdivision. No more than two such extensions shall be granted.

    3.

    Temporary sales of seasonal products such as firewood, Christmas trees, pumpkins, plants, fruits and vegetables, and the like may be allowed during their normal and generally accepted season for a period of up to six weeks, except that a maximum of two extensions of up to one week may be possible upon application and approval. All vendors selling food products must first obtain a health permit from the city prior to receiving a temporary use permit.

    4.

    The director, or his designee, in approving or denying such applications, shall consider the nature of the use; existing uses in the surrounding areas, noise, dust; light and traffic generated; health and sanitary conditions; and compliance with other regulations of this ordinance. The director, or his designee, shall have the right to revoke any temporary use at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within 24 hours of such finding.

    5.

    Any applicant (person, agent, corporation, or entity) renting or leasing a private party rental facility shall be required to comply with the following criteria:

    a.

    The applicant shall obtain a temporary use permit (TUP) not less than 48 hours prior to renting the facility and the start of their event.

    b.

    The total number of guests expected to attend shall be listed on the application which shall not exceed the stated safe capacity (occupant load) of the rental facility as determined by the fire marshal or his designee.

    c.

    Proof of adequate on-site parking shall be required at a ratio of one parking space for each three guests or seats in the rental facility whichever is greater. Parking spaces shall be clearly marked and meet the minimum design standards as set forth in section 33 of this ordinance. Off-site parking shall only be allowed on immediately adjacent properties with written consent of the property owner. Guests shall not be allowed to park across a public street from the facility which may cause a pedestrian traffic hazard unless prior approval from the chief of police, or his designee, is obtained in which crossing guards or other safety devices are employed.

    d.

    Parties with 50 or more guests in which alcoholic beverages (except ceremonial toasts) are consumed shall be required to hire one off duty certified peace officer per every 50 guests for security. Note: The issuance of a temporary use permit is considered irrevocable consent by the applicant for the City of Terrell Police Department to enter the premises and inspect for compliance with city ordinances or laws as applicable. If violations are found, the Terrell Police may revoke the temporary use permit and require all occupants to vacate the premises and/or take other actions deemed necessary to preserve the peace and protect the public's health, safety and welfare.

    e.

    In no case shall a cover charge, general admission or entry fee be charged to guests attending an event or party at a private party rental facility.

    f.

    No alcohol shall be served by an open bar charging guests for alcoholic drinks unless the owner of the property is legally licensed by the Texas Alcoholic Beverage Commission (TABC) to sell alcohol and a permanent specific use permit (SUP) has been approved by the city council in accordance with section 31B of this ordinance. Alcoholic beverages consumed on the premises shall be "bring your own" or provided by the host free of charge. Ceremonial consumption of wine or champagne by guests is exempt from the requirement for off-duty peace officers as security guards if no other alcohol is to be consumed.

    g.

    A ceremonial drink or toast is no more than one serving of alcohol (typically wine or champagne) consumed per person in recognition of an honoree(s) such as a bride and groom.

    h.

    Repetitive rental or leasing by the same person, corporation, agent or entity shall be considered a permanent use and a violation of this ordinance. Repetitive shall mean more than once per 30-day period unless the applicant provides information that the rentals are for separate unrelated events.

    F.

    Appeals. A denial of a temporary use permit by the director may be appealed to the zoning board of adjustment. The appeal shall be made by submitting an application for a variance to the director with the required fee as listed in the fee schedule as adopted or amended.