§ 42. Special regulations for certain types of uses.

42.1

Gasoline sales facilities.

A.

Gasoline service station pump islands that parallel a public street may be located a minimum of 16 feet to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be 30 feet in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this ordinance are met), but shall not be closer than 16 feet to any property line that is not adjacent to a public street.

B.

Canopies for gasoline service station pump islands shall be located no closer than 15 feet from any street right-of-way line or side or rear property line.

C.

Any oil draining pit, hydraulic hoists, lubrication and greasing devices, repair equipment and similar appurtenances shall be located at least 20 feet away from any front property line, and at least 30 feet away from any residential zoning district, except where such appurtenances are located wholly within a building.

D.

Any service station providing self-service dispensing facilities for customers shall provide an emergency shut-off switch which will completely eliminate the flow of fuels from all of the self-service pumps in any emergency situation, and shall be located in the vicinity where the station attendant will be located most of the time.

E.

Lighting shall be such that it shines downward and does not spill over onto adjacent property (see lighting and glare standards, section 40).

F.

Gasoline service stations which have other uses associated with it (e.g., convenience store, fast food sales, drive-through window service, car wash, dry cleaners, minor or major auto repair, etc.) must be properly zoned for each use to be located on the site (including a SUP, if that zoning district requires such for any of the uses), and the amount of parking and stacking spaces shall be determined cumulatively for all uses (see parking requirements, section 33).

G.

The amount of paved area for gasoline service station sites shall be adequate to accommodate vehicle movements into and out of the site (including large tanker fuel trucks in the vicinity of the fuel storage tanks), but shall be minimized to the greatest extent practical and possible (to reduce storm water runoff, heat and glare, etc.

42.2

Swimming pools.

A.

A swimming pool shall be defined as any pool or open tank that is intended for human use and that contains, or is capable of containing, water to a depth at any point greater than 24 inches. No such swimming pool shall be constructed, maintained or operated in any district, whether as an accessory use or as a principal use, unless it complies with the following requirements and with any other related codes or policies of the City of Terrell.

B.

If located in any residential zoning district, the swimming pool shall be intended and used solely for the enjoyment of the occupants of the principal building on the property and their guests, or for the enjoyment of bona fide members of a club and their guests (provided the club itself is properly zoned).

C.

Requirements for all swimming pools:

1.

No swimming pool shall be located within a required front yard.

2.

No swimming pool (except decking) shall be located closer than three feet to any side or rear property line.

3.

Enclosures and safety devices: The swimming pool (or the property or compound area in which the pool is located) shall be walled or fenced with a minimum four-foot high fence or wall of masonry, wood or ornamental metal construction or other material that provides a solid barrier which shall be maintained in good condition, and which shall be equipped with a self-closing and self-locking gate to prevent uncontrolled access by children into the pool area. All enclosures and required safety devices shall be in accordance with Section 3109 of the International Building Code as adopted.

4.

Filtration and pump system: The filtration and pump system shall be large enough to completely circulate the pool water once every six hours, and shall not be located within any front yard setback. Such equipment may be located in a side or rear yard provided that it is completely screened from view and noise-buffered from any adjacent property.

5.

Permit: No swimming pool shall be constructed nor altered in any way without issuance of a building permit from the city and without complete compliance with this ordinance.

D.

Special requirements for swimming pools in apartment complexes and in the MF, SFA and MH zoning districts: The swimming pool shall be located behind the front yard setback and behind the front façade of the front-most building, and it shall not be located within any required side or rear yard setback.

42.3

Extraction of minerals.

A.

General requirements. Any owner, leasee, or other person, firm, or corporation, having an interest in mineral lands in the AG zoning district only may file an application for a specific use permit (SUP) with the city for authorization to mine minerals there from, provided, however, that it shall comply with all requirements of the AG zoning district in which said property is located, and with the following additional requirements.

1.

Distance from property lines: No quarrying operation shall be carried on or any stock pile placed closer than 50 feet to any property line, unless a greater distance is specified by the city council where such is deemed necessary for the protection of adjacent property.

2.

Distance from public right-of-way: In the event that the site of the mining or quarrying operation is adjacent to the right-of-way or any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way.

3.

Fencing: Fencing shall be erected and maintained around the entire site or portions thereof where, in the opinion of the building official, such fencing is necessary for the protection of the public safety, and such fencing shall be of the type and height specified by the building official.

4.

Equipment: All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the city engineer or the city council.

5.

Processing: The actions of crushing, washing, refining or other similar processing may be authorized by the city council as an accessory use within the SUP ordinance, but such actions or processing shall not be in conflict with the use regulations of the district in which the operation is located.

6.

Financial ability: In accepting such SUP request for review, the city council must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with plans and specification submitted, and in accordance with city health, safety and welfare standards and ordinances.

7.

Application: An application for a SUP for such operation shall set forth the following information (additional information may be required by the municipal development department or by the city council):

a.

Name of land owner from which removal is to be made;

b.

Name of applicant making request;

c.

Name of person or corporation conducting actual removal operation;

d.

Location, description, and size of area from which removal is to be made;

e.

Location of processing plant;

f.

Type of resources or materials to be removed;

g.

Proposed method of removal and if blasting or other use of explosives will be required;

h.

Description of equipment to be used; and

i.

Method of rehabilitation and reclamation of mined area.

8.

Planning and zoning commission recommendation: In accordance with section 31B, specific use permits, the planning and zoning commission of the City of Terrell shall give its recommendation regarding a SUP to the city council prior to the city council's final determination of application.

9.

Rehabilitation: To guarantee restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted a mining permit as herein provided, shall furnish a surety bond to the City of Terrell, in the amount of not less than $5,000.00, the upper limit to be determined by the city council, as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land, shall within a reasonable time, but not more than one year, and shall, to the satisfaction of the city council, meet the following requirements:

a.

Surface rehabilitation: All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and non-combustible solids, to secure that the excavated area shall not collect or permit to remain therein stagnant water or that the surface or such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land areas.

b.

Vegetation: Vegetation shall be restored by appropriate seeds, grasses, or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as herein above provided.

c.

Banks of excavations: The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical, and said banks shall be seeded.

10.

Additional requirements: In addition to the foregoing, the city council may impose such other conditions, requirements, or limitations concerning the nature and extent of the use and operation of such mines, quarries, or gravel pits as the city council may deem necessary for the protection of adjacent properties and the public interest. The said conditions and the amount of the surety bond shall be determined by the city council prior to issuance of the SUP and issuance of the mining permit. No mining at all will be allowed without a permit as required by this section or by any local, county, state or federal agency.

42.4

Sexually oriented businesses. See chapter 5, section 5-14 of the city's Code of Ordinances as adopted or amended.

42.5

Alcoholic beverage sales. See chapter 5, section 5-2 of the city's Code of Ordinances as adopted or amended.

42.6

Thrift stores.

A.

No thrift store may be located within 1,000 feet of another thrift store;

B.

For purposes of this section, the required separation shall be measured in a straight line without regard to intervening structures or objects as follows:

If confirming the separation between thrift stores, the distance shall be measured from the nearest portion of the property line of the commercial district where the existing thrift store is located to the nearest portion of the property line of the commercial district where the new thrift store is proposed.

C.

Outside storage and display shall be permitted only during the hours of 7:00 a.m. to 7:00 p.m. in accordance with provisions of the commercial district wherein the thrift store is located.

D.

Exception. This section does not apply to charitable sales held on a one-time basis by a church or other non-profit organization.

42.7

Bail bond service.

A.

No bail bond service office shall be located within 1,000 feet of any residential zoning district boundary line, including the EE-32 executive estate district, all SF single-family districts, the TH-12 townhouse district, the MF multifamily district, the MH manufactured home district, any property zoned CBD central business district or any PD planned development district that allows residential uses;

B.

No bail bond service office shall be located within 1,000 feet of any other tract that the location of a bail bond service;

C.

For purposes of this section, the required separation shall be measured in a straight line without regard to intervening structures or objects:

1.

If confirming the separation between the proposed bail bond service and residential uses, the distance shall be measured from the nearest portion of the boundary line of any residential zoning districts in 42.7.A above, any CBD district, or any PD planned development district for residential uses.

2.

If confirming the separation between bail bond service locations, the distance shall be measured from the nearest portion of the property line of the commercial district where the existing bail bond service is located to the nearest portion of the property line of the commercial district where the new business is proposed.

42.8

Check cashing businesses, payday advance/loan businesses, and car title loan businesses.

A.

No check cashing business, payday advance/loan business or car title loan business may be located within 1,000 feet of any residential zoning district boundary line, including, but not limited to, the EE-32 executive estate district, all SF single-family districts, the TH-12 townhouse district, the MF multifamily district, the MH manufactured home district, and any property zoned CBD central business district, any area designated for agricultural purposes, or any PD planned development district that allows residential uses;

B.

No check cashing business, payday advance/loan business or car title loan business may be located within 1,000 feet of another check cashing business, payday advance/loan business or car title loan business;

C.

For purposes of this section, the required separation shall be measured in a straight line without regard to intervening structures or objects:

If confirming the separation between the proposed check cashing business, payday advance/loan business or car title loan business and residential uses, the distance shall be measured from the nearest portion of the boundary line of any of the residential districts in [subsection] 42.8.A. above, any CBD district, any area zoned for agricultural purposes, or any PD planned development district that allows residential uses.

1.

If confirming the separation between check cashing business, payday advance/loan business or car title loan business locations, the distance shall be measured from the nearest portion of the property line of the commercial district where the existing check cashing business, payday advance/loan business or car title loan business is located to the nearest portion of the property line of the commercial district where the new business is proposed.

Exception: This section does not apply to check cashing activities at a lawful business engaged in the sale of food, beverages, tobacco products and/or sundries (i.e. a convenience or grocery store) and/or check cashing activities at a business duly licensed or permitted to sell alcoholic beverages by the Texas Alcoholic Beverage Commission.

( Ord. No. 2653, art. I, 2-16-16 ; Ord. No. 2693, art. I, 5-16-17 )