City of Bells - General Requirements

City’s Third-Party Compliance Inspectors Requirements
Any person desiring to engage in, transact or conduct the business or occupation of a Mobile Food Unit vending within the City shall adhere to the following requirements:

(a) Present a valid invoice from a Certified Master Plumber indicating an annual pressure/gas test has been successfully completed. This will be required for initial permitting in addition to ongoing permit renewal.

(b) Installed Liquified Petroleum Gas (hereinafter LPG) piping shall be of an approved, labeled and listed type for use with the cooking appliances. Rubber type hoses shall not be allowed. All piping shall be in accordance with the most recently published National Fire Protection Association 58 and shall be protected against physical damage.

(c) Maintain within a Mobile Food Unit a maximum of 200 gallons LPG located within a vented compartment: containers shall not be ahead of the front axle or beyond the rear bumper of the vehicle. An ASME tank is required for permanently installed tanks.

(d) Maintain within a Mobile Food Unit a maximum of 200 gallons LPG located outside but mounted upon the trailer in a protected location: containers shall not extend beyond the rear bumper.

(e) LPG cylinders shall not exceed 100 pounds.
(f) LPG cylinders shall have an approved label and listed shut-off valve.
(g) All LPG cylinders shall be protected from damage and secured with a solid bracket.
(h) The storage of LPG cylinders inside trucks and/or trailers is prohibited.
(i) All valves must be turned off when appliances/cylinders are not in use.
(j) “No Smoking” signs shall be posted. Additionally, the signage should be visible near any propane containers.

(k) Electrical:

1. Extension cords shall not be utilized, nor are they a substitute for permanent wiring.
2. An appropriately sized power supply cord with corresponding connections will be allowed. The cord will be sized according to the vehicle’s electrical demands.
3. Appliances shall be plugged directly into electrical outlets.
4. All electrical outlets within six feet of a wet location shall be Ground Fault Circuit.
5. Interrupter (hereinafter GFCI) protected. All exterior outlets shall be GFCI protected.

(l) Fire Extinguishers:

1. All fire extinguishers require an annual inspection by a Texas licensed fire extinguisher company. Required extinguishers must be properly mounted and readily accessible.
2. At least one portable extinguisher of the 2A10BC rating shall be accessible to the interior of the mobile food unit/trailer.
3. Units utilizing oil/grease fryers are required to have a Class K fire extinguisher on the unit.

(m) Fire Suppression System:

1. Mobile Food Units which perform cooking operations that produce grease-laden vapors shall have a Type 1 hood with ventilation.
2. Type 1 hoods shall be protected by a UL 3200 or UL 300A fixed fire-extinguishing system.
3. A Biannual system inspection is required for all fire suppression systems by a Texas licensed fire suppression company.
4. All cooking Surfaces and hoods are to be kept clean to prevent grease build-up.

(n) Cooking Equipment and Appliances:

1. All cooking appliances shall be of an approved type, listed and labeled for the intended use. Propane appliance can be approved by the following testing labs: UL, CSA, CGA, AGA and/or ETL.
2. Cooking appliances shall have an approved, labeled and listed on-off valve.
3. All appliances shall be installed according to the manufacturer’s instructions.
4. Water heaters or hot water tanks shall be installed in accordance with the International Plumbing Code and manufacturer’s installation instructions and shall include venting of the tank.

(o) Fire Lanes and Fire Access and Driveways:

1. Mobile Food Units shall not park in marked fire lanes. They shall not block fire department access or driveways that serve as access.
2. Prohibited Cooking:
3. Solid fuel cooking is prohibited with the following exception: The cooking device is listed and approved for mobile food cooking applications.
4. Coleman Stove or equivalents are prohibited.

Corner Clearance
(a) No privacy fence, wall, structure, or planting shall be erected, established, or maintained on any lot if the structure or planting will obstruct the view of drivers in vehicles approaching the intersection adjacent to a corner lot or a driveway on any lot.

(b) Fences, walls, structures, or plantings located in the clear vision triangle, as depicted, shall not be permitted to exceed a height of three (3) feet above the street curb, or pavement edge if no curb. The unobstructed triangular area is described as follows:

(1) The area formed at the corner intersection of two (2) street rights-of-way or easement lines, the two (2) sides of the clear vision triangle being 25 feet in length measured along abutting public right-of-way lines, and third side being a line connecting these two (2) sides, or
(2) The area formed at the corner intersection of a street right-of-way, easement, or alley and a driveway, the two (2) sides of the triangular area being 15 feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two (2) sides.

Driveways
Driveway Access Management.
(a) Purpose.
This section is intended to provide standards for the number and placement of access points (driveways and side street intersections) in order to preserve the capacity of major roadways and reduce the potential for crashes. The standards of this section are intended to promote safe and efficient travel within the City of Bells and minimize disruptive and potentially hazardous traffic conflicts. Preservation of roadway capacity through access management protects the substantial public investment in the roadway system and helps avoid the need for costly capacity upgrades. Proper driveway location and design will also help maintain a safe and efficient roadway system minimizing the loss of life and property from vehicle crashes.

(b) Driveway Location in General.

(1) All driveways shall comply with the requirements of this section. Driveways shall also be subject to Bells City engineering, county highway and TXDOT access requirements. Where conflict occurs, the more restrictive standards shall apply.
(2) Driveways shall be located to minimize interference with the free movement of traffic and to provide the most favorable driveway grade.
(3) Driveways shall be located to meet safe sight distance requirements, as determined by the Planning and Zoning Commission. The driveway spacing requirements of this section may be modified by the Planning and Zoning Commission where necessary to provide safe sight distance.

(c) Driveway Spacing Standards.

(1) Minimum spacing requirements between a proposed driveway and an intersection either adjacent or on the opposite side of the street may be set on a case-by-case basis but in no instance shall be less than the distances listed in Table 11.5. The following measurements are from the centerline of the proposed driveway to the near lane edge of the intersecting street or pavement edge for uncurbed sections.

(2) Minimum spacing between two (2) driveways shall be determined based upon posted speed limits along the parcel frontage. The minimum spacing indicated in Table 11.6 are measured from centerline to centerline on the same side of the street.

(3) To reduce left-turn conflicts, new driveways shall be aligned with those across the street where possible. If alignment is not possible along major thoroughfares, driveways shall be offset from those on the opposite side of the street as follows:

(a) If the proposed drive is offset such that vehicles turning left into driveways do not pass prior to reaching the driveways, the minimum spacing shall be 150 feet.
(b) If the proposed drive is offset such that vehicles turning left into driveways will pass prior to reaching the driveways, the minimum spacing shall be 250 feet.

(d) Number of Driveways.

(1) The number of driveways serving a property shall be the minimum number necessary to provide reasonable access, including access for emergency vehicles, while preserving traffic operations and safety along the public street.

(e) One driveway shall be permitted for each lot frontage.
A second driveway may be permitted for property that has sufficient frontage to meet the driveway spacing standards of Table 11.6 above from the first driveway on the site and all driveways on adjacent and opposing property.

(f) Driveway Design.

(1) All driveways shall be designed according to the standards of the City of Bells and TXDOT, as applicable. Driveways shall have a maximum width of 20 feet, excluding tapers or curb radii. Wider driveways shall be allowed for locations with large volumes of truck traffic.
(2) For high traffic generators, or for driveways along streets experiencing or expected to experience congestion, the Planning and Zoning Commission may require two (2) egress lanes.
(3) For a boulevard entrance, a fully curbed island, at least 180 square feet in area, shall separate the ingress and egress lanes. The radii forming the edges on this island shall be designed to accommodate the largest vehicle that will normally use the driveway.

(g) Shared Driveways, Frontage Streets and Service Drives.

(1) The number of access points may be reduced where the Planning and Zoning Commission determines that there may be a beneficial effect on traffic operations and safety, while preserving the property owner’s right to reasonable access. In this case, a shared driveway, frontage street or rear service drive connecting two (2) or more properties or uses may be required. Service streets may be required near existing traffic signals or near locations having potential for future signalization; along major thoroughfares with high traffic volumes; and where there are a relatively high number of crashes or there is limited sight distance. Shared access or cross access shall be required between all sites that are in the same or similar zoning district (e.g. between all adjacent commercially zoned properties).

(2) Shared driveways and service streets shall be within a recorded access easement. A draft of the access easement shall be provided to the City of Bells, as applicable, for review and approval prior to filing with the County’s Recorder’s Office.

(3) Service Street and Shared Driveway Design Standards.

(a) Location.
Service streets shall generally be parallel or perpendicular to the front lot line and may be located either in front of, adjacent to, or behind, principal structures within an individual parcel. The Planning and Zoning Commission shall determine the most appropriate alignment, taking into account setbacks of existing buildings and anticipated traffic flow for the site and the corridor.
(b) Access Easement.
The service street shall be within an access easement permitting traffic circulation between properties. The required width shall remain free and clear of obstructions, unless otherwise approved by the Planning and Zoning Commission.
(c) Construction and Materials.
Service streets shall have a base, pavement and curb with gutter in accordance the applicable City of Bells engineering standards for public streets, except the width of the service street shall have a minimum pavement width of 36 feet.
(d) Access to Service Street.
The Planning and Zoning Commission shall approve the location of all access points to the service street, based on the driveway spacing standards of this section.
(e) Temporary Access.
The Planning and Zoning Commission may approve temporary access where a continuous service street is not yet available, and a performance guarantee is provided to assure elimination of temporary access when the service street is continued.
(f) Elevation.
The site plan shall indicate the proposed elevation of the service street at the lot line. The City of Bells shall maintain a record of all service street elevations so that their grades can be coordinated.
(g) Maintenance.
Each property owner shall be responsible for maintenance of the easement and service drive.

Entranceways
In all zoning districts, entranceway structures, including but not limited to walls, columns and gates marking entrances to subdivisions, multiple-family housing projects, business centers and industrial and office parks may be permitted and may be located in a required yard.

Height Limit
(a) The following structures may exceed the building height restrictions of the zoning district in which they are located:

(1) Belfries,
(2) Chimneys,
(3) Church spires and steeples,
(4) Cooling towers,
(5) Cornices,
(6) Cupolas,
(7) Electric and telephone service poles,
(8) Elevator bulkheads,
(9) Fire towers,
(10) Flagpoles,
(11) Grain elevators,
(12) Parapet walls,
(13) Public monuments,
(14) Radio and television aerials,
(15) Roof structures housing necessary mechanical appurtenances,
(16) Silos,
(17) Stacks,
(18) Water tanks,
(19) Mechanical equipment,
(20) Solar Power equipment

(b) The structures listed in (a) above may exceed the height limits of the district in which they are located as follows:

(1) On single-family detached, single-family attached and double-family dwellings, the structures may exceed the height limits of the district by no more than five (5) feet.
(2) On multiple-family residential (apartment buildings), mixed-use and nonresidential buildings, the structures may exceed the height limits of the district by no more than 25 feet.

(c) The exceptions to height shall only apply to non-habitable architectural features, mechanical and utility structures. The exceptions shall not permit any habitable building space of a building to exceed the height limits of the district.

Intent (PUDs)
(a) The Planned Unit Development (PUD) standards are a supplementary list of “overlay” zoning district standards which apply to properties simultaneously with one (1) or more of the other zoning districts established in this Ordinance, hereinafter referred to as the “underlying” zoning district(s).

(b) The PUD standards are provided as a design option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership, and variety in design, layout, and type of structures constructed; to achieve economy and efficiency in the use of land; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide better housing, employment, and shopping opportunities particularly suited to residents; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.

(c) In order to encourage PUD developments on specific properties, these standards may allow the Planning and Zoning Commission and City Council to relax or waive one (1) or more of the requirements of the underlying district through approval of a PUD ordinance. The PUD also allows the developer the opportunity to mix compatible uses or residential types on a single property, allows clustering to reduce construction costs, and may enhance marketability through the preservation of significant natural, historical, and architectural features.

Intent, Purpose and Applicability (Site Development)
(a) Purpose.
The purpose of this section is to establish exterior building wall material standards to retain and increase property values, protect the investment of adjacent landowners and enhance the visual environment of the community. Through the consistent administration and enforcement of exterior building wall design standards, the community’s sense of place and image can be enhanced by encouraging consistent quality buildings.

(b) Applicability.

(1) This section shall apply to all new multiple-family residential, office, commercial, industrial and institutional buildings. Single-family detached and two-family residential structures and their associated accessory buildings shall be exempt from this section.
(2) Additions to existing buildings must complement the current building design with regard to height, proportions, scale, materials, and rhythm of openings.
(3) Plans shall be reviewed by the City of Bells Planning and Zoning Commission as a part of site plan review under the requirements of this section.

(c) Exterior Building Design.

(1) Buildings shall possess architectural variety but enhance the overall cohesive community character. All buildings shall contain architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers/parapets.
(2) Building walls and roofs over 20 feet in length shall be broken up with divisions or breaks in materials, varying building lines, windows, multiple entrances, entry treatments, variations in roof lines, gables, porticoes and/or architectural accents such as pilasters, columns, dormers, and awnings.
(3) In multi-story buildings, the ground floor shall be distinguished from the floors above through an intermediate cornice line, a difference in building materials or detailing, an awning, trellis or arcade, special window lintels, or brick corbels or quoins.
(4) A portion of the on-site landscaping shall be located along all blank walls so that the vegetation, combined with the architectural features, significantly reduces the visual impact of the building mass as viewed from the street.
(5) Overhead doors shall not face a public street. The Planning and Zoning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be moderated through use of building materials, architectural features and landscaping.

(d) Roof Design.

(1) Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest, and be appropriate to the architectural style of the building.
(2) Architectural methods shall be used to conceal mechanical equipment located on structures with flat roof tops.

(e) Customer Entrances.
Clearly defined, highly visible customer entrances shall be incorporated into the design. Features such as canopies, porticos, arcades, arches, wing walls or integral planters shall be used to identify entrances. New buildings shall have at least one (1) principal building entrance oriented parallel to and facing the front lot line of the building.

(f) Modifications.
The Planning and Zoning Commission may approve modifications to the building design standards of this section in order to achieve the objectives of this subsection through the use of creativity and flexibility in development and design. A front elevation drawing of the proposed building shall be provided to evaluate the proposed building design based upon all of the following criteria:

(1) Innovations in architectural design may be permitted, provided the building design shall be in keeping with the desired character of the district and the proposed building fits within the context of adjacent buildings along the block.
(2) The building shall be oriented towards the front sidewalk and maintain or enhance the continuity of the pedestrian-oriented environment.
(3) The roof design shall not be out of character with other buildings along the block and shall be within the minimum and maximum height requirements of the district.
(4) The exterior finish materials shall be of equal or better quality and durability as those permitted above, with the intent to allow for new technologies in building material while maintaining the desired character of the district.

Lighting Regulations
(a) Applicability.
The regulations of this section shall apply to all uses, except residential uses. Where any change is made to a site requiring an improvement location permit or existing light fixtures are replaced, site lighting shall be upgraded to comply with the regulations of subsection (c) below.

(b) Lighting intensity.
Outdoor lighting for all nonresidential uses shall be fully shielded to reduce glare and shall be arranged to reflect light away from all adjacent residential districts or uses. Light levels on a site that is subject to an improvement location permit under this ordinance shall comply with the limits specified in Table 10.1 below:

Table 10.1. Lighting Intensity Standards

	Maximum Illumination (footcandles)	Minimum Illumination (footcandles)
Parking lots, loading areas, sidewalks, crosswalks, stairs and building entrances	10 fc (1)	3 fc (6)
Under canopies such as gas stations, drive-through banks and porte-cocheres	20 fc	3 fc
Along front lot line adjacent to the street frontage	3 fc (2)	0.5 fc
Along a property line adjoining a nonresidential use or district.	3 fc (3)	0.5 fc
Along a property line adjoining a residential use or district.	0.1 fc	0 fc

(1) Any outdoor sales areas, the maximum illumination may be increased to 15 footcandles, provided the illumination limits at the property line are not exceeded.

(2) Shall not apply to ornamental street lighting, public streetlights or driveway/intersection lighting necessary for pedestrian and traffic safety.
(3) The light level along a nonresidential property line may be increased to up to five (5) footcandles where there are shared access/vehicular connections with the adjacent use, or the adjacent use is a similar use. Example would be two commercial districts sharing a common boundary.
(4) Lighting levels may be reduced to half (0.5) footcandle with a uniformity ratio of not more than ten to one (10:1) after 12:00 P.M., or after established hours of operation.
(5) The required minimum illumination shall only apply to the developed portion of the site containing buildings, drives and parking lots.

(6) The minimum illumination levels shall not apply to portions of the site that are fenced to restrict public access, such as storage yards.

(c) Light fixtures.

(1) All fixtures shall be light-emitting diode (LED) or better quality/efficiency light.
(2) Outdoor lighting in all zoning districts shall be directed toward and confined to the ground areas of lawns or parking lots except as noted elsewhere in this section.
(3) Lighting shall utilize cutoff fixtures that are recessed sufficiently such that the light source is not visible from off-site.
(4) The requirement for cutoff fixtures shall not apply to historic or traditional style ornamental lights and street lighting.
(5) Floodlight type fixtures shall not be permitted except for building accent and sign lighting.

(d) Fixture height.
Light fixtures shall have a maximum height of 40 feet where not adjacent to residential. Where located within 200 feet of a residential district, the maximum height of a light fixture shall not exceed 18 feet.

(e) Signs.
Illumination of signs shall be directed or shielded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property. Signage lighting shall be subject to the lighting intensity limits specified in Sign Regulation Article, ARTICLE 12: Signs Regulations.

(f) Constant light.
Illumination shall not be of a flashing, moving or intermittent type. Artificial light shall always be maintained stationary and constant in intensity and color when in use. Sign illumination shall only be allowed as provided for in § 12.06(d) Illumination.

(g) Luminous tube (neon) and exposed bulb lighting.
Luminous tube (neon) and exposed bulb fluorescent lighting is prohibited as an architectural detail on all buildings (ex. along the roofline and eaves, around windows, etc.). Internally illuminated architectural bands or features shall be allowed where the light source is not directly visible. Neon lighting is permitted as part of a sign meeting the requirements of § 12.06(d) Illumination.

Lot Area Allocation
(a) No portion of a lot shall be used more than once for determining initial compliance with the provisions for lot area and yard dimensions (greenspace and impervious surface) for construction or alteration of buildings.

(b) No lot, adjacent lots in common ownership, required yard, parking area, or other required open space shall be created, divided, or reduced in dimension or area below the minimum requirements of this Ordinance. Lots or yards created after the effective date of this Ordinance shall comply with the requirements of this Ordinance. If already less than the minimum requirements of this Ordinance, a lot, adjacent lots in common ownership, required yard, parking area, or other open space shall not be divided or reduced in dimension or area so as to increase its noncompliance with the minimum requirements of this Ordinance.

Mechanical Equipment
(a) Applicability.
Any mechanical equipment or utilities and similar equipment associated with a commercial use, including water and gas meters, elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment, and other similar equipment, shall comply with the requirements of this section.

(b) Roof-Mounted Equipment Screening.
All roof-mounted equipment shall be screened by a solid wall or architectural feature that is compatible in appearance with the principal building; or the equipment shall be set back away from the edge of the building a distance sufficient to ensure that it is not visible from the public road or adjacent property. This requirement shall not apply to industrial buildings in an industrial district.

(c) Ground-Mounted Equipment.
All ground-mounted equipment shall be screened by a solid wall, fence or landscaping. Landscaping must create a continuous screen with the starting size of the plant material equal to or greater than the height of the equipment at the time of planting.

Nonconforming
Nonconforming Uses.
A use of a building or premises, lawfully existing at the time it was established, but is made nonconforming by the passage of a new ordinance or amendment, may be continued, although such use no longer conforms to all provisions of the ordinance or amendments to this ordinance, subject to the following provisions of this section.

(a) A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.

(b) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use or a less restricted one.

(c) No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with regulations of this ordinance.

(d) When a building containing a nonconforming use is damaged by any means or in any manner, it may be restored, within one (1) year, provided that its original use is not changed, and size of the building has not increased.

(e) In the event that a nonconforming use of any building or land is abandoned or discontinued for a period of one (1) year, the use shall thereafter conform to the uses permitted in the district in which it is located.

Nonconforming Structures and Buildings.
Structures and buildings that are existing and lawful on the effective date of this ordinance or amendments thereto, may be continued even though the structure or building does not conform with the dimensional or other provisions of this ordinance, subject to the following provisions of this section.

(a) If a nonconforming structure or building is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then the nonconforming characteristics shall not be later re-established or increased to expand the nonconformity.

(b) In the event that any nonconforming structure or building is damaged by any means or in any manner, it may be restored, within one (1) year, provided that its original use is not changed, and size is not increased to expand the nonconformity.

(c) In the event a nonconforming residential structure or building is damaged by fire or other natural cause, the residential structure may be reconstructed on the same foundation provided the first-floor footprint and the total floor area does not exceed the size of the previous residence.

(d) If a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe due to lack of maintenance and repairs and is declared as such by the City of Bells, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the zoning district in which it is located.

(e) A building that is nonconforming may be altered or rehabilitated if that activity will make the building conform to the regulations of this zoning ordinance and the building code.

(f) A residential nonconforming building may be expanded provided the expansion will be within required setbacks; [and] other dimensional, bulk requirements are met (spacing between structures, height, maximum lot coverage, etc.). (Example: a home with a nonconforming front yard setback may be expanded in the rear so long as the rear yard setback remains conforming and maximum lot coverage is not exceeded.) The addition must comply with all building code requirements. Additional height above the nonconforming portion of the building shall not be permitted.

(g) Nonresidential nonconforming buildings shall not be expanded, unless a variance is obtained from the Planning and Zoning Commission.

(h) Nonconforming structures and buildings shall not be enlarged nor altered in a way which increases the nonconformity within the provisions of this ordinance or beyond the limits set in this section, unless approved by the Planning and Zoning Commission.

Nonconforming Lots.

(a) In any zoning district, notwithstanding limitations imposed by other provisions of this ordinance, where an existing lot of record fails to meet the requirements of this ordinance for minimum lot area, minimum lot width or both, of the zoning district in which it is located, the lot may be used for the permitted uses of the zoning district, including permitted accessory uses, provided other requirements of the zoning district in which the lot is located are met. The lot must be an existing lot of record, created prior to the effective date of the original zoning ordinance or the amendment that made the lot nonconforming.

(b) A principal building and customary accessory buildings for a permitted use may be erected on any single lot of record existing at the effective date of this zoning ordinance, provided all other standards of the zoning ordinance are met. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that the buildings are in conformance with all other applicable yard setback, minimum floor area, maximum height and access requirements for the district in which they are located.

(c) Where there are multiple contiguous nonconforming lots under single ownership they may be combined and used as a single lot.

Nonconforming Sites.
The City of Bells may permit improvements and minor modifications to a conforming use and building on a site that does not meet all of the various site improvement related regulations of this zoning ordinance. This section is intended to allow gradual compliance with the site related requirements for sites which predate the various zoning ordinance standards for landscaping, paving, lighting and other non-safety items in proportion to the amount of expansion or improvement proposed. Improvements or expansions may be permitted by the Planning and Zoning Commission during site plan review without a complete upgrade of all site elements under the following conditions:

(a) The applicant is proposing reasonable site improvements on the overall site in relation to the scale and construction cost of the building improvements or expansion.
(b) The applicant has addressed safety related site issues on the overall site.
(c) The improvements or minor expansion will not increase noncompliance with site requirements.

Nonconformity Resulting In Right-Of-Way Acquisition.
Where a nonconforming front yard setback, [or] parking lot setback is created as a result of additional road right-of-way width being acquired by the county or state, the building or parking lot may be improved or expanded without the need to obtain a variance from the Planning and Zoning Commission, provided the following conditions are met:

(a) The building or parking lot complied with the front yard setback prior to the acquisition of the additional road right-of-way.
(b) The building or parking lot expansion will not reduce the remaining depth of the front yard setback.
(c) All other ordinance requirements are met, and necessary approvals obtained.

Non-Motorized Pathways
(a) Purpose.
The purpose of this section is to enhance the health, safety and welfare of the public by the development of a comprehensive non-motorized system to improve access and provide recreation opportunities.

(b) Applicability.
Sidewalks shall be required in the following areas. Sidewalks shall be provided along all streets as follows:

(1) Sidewalks shall be required along both sides of all streets in all residential use areas of the City of Bells.
(2) Sidewalks shall be required for all uses along all major thoroughfare frontages. The applicant, owner or developer of any use that is subject to site plan approval under Section 15.06 shall be required to install a sidewalk along the entire street frontage of the petitioner’s lot, meeting the requirements of this section.

(c) Location.
Sidewalks shall be installed by the developer one (1) foot within the dedicated street right-of-way. Sidewalks shall be located to align with existing or future sidewalks on adjacent lots. Where TXDOT or the City of Bells determines that there is not sufficient right-of-way for sidewalks, the sidewalks shall be installed in pedestrian easements adjacent to the right-of-way.

(d) Construction Standards.
All sidewalks shall be four (4) inch thick concrete, and constructed to the City of Bells engineering specifications. All sidewalks shall be at least five (5) feet wide. Multi-modal pathways may be constructed of asphalt or concrete meeting the above thickness specifications or as specified by the Bells City engineer. Concrete testing must be performed in compliance with AASHTO Standards.

(e) Grading.
Sidewalks shall be graded such that runoff sheet flows to an adjacent vegetated area.

(f) Ramps.
All new curbs and sidewalks shall be constructed such that the sidewalk and street blend to a common level. Changes in level greater than 1/2 inch high shall be ramped. Ramp runs shall have a running slope of no steeper than 1:12, in accordance with ADA Standards.

(g) Crosswalks.
An inclined approach shall be required where sidewalks intersect curbs for barrier-free access to the sidewalk. Crosswalk pavement markings and signs may be required at intersections.

Off-Street Loading
(a) Uses Requiring Loading Area.
On the same premises with every building erected and occupied for manufacturing, storage, warehouse, retail sales, consumer services or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services. The Planning and Zoning Commission may permit central loading areas to be shared by multiple uses, such as in a retail shopping center or office park.

(b) Not Included with Parking.
Required loading areas shall not be included in calculations for off-street parking space requirements.

(c) Location.
Loading/unloading areas and docks shall not be provided in the front yard. Where possible, loading areas shall be integrated into the design of the building to minimize visibility from traffic.

(d) Orientation of Overhead Doors.
Overhead doors for truck loading areas shall not face a public street or an adjacent residential district.

(e) Size.
The size of all required loading/unloading spaces shall be at least 10 feet by 50 feet or 500 sq. ft. in area, with a clearance of at least 14 feet in height. The Planning and Zoning Commission may modify this requirement for uses that will involve smaller delivery trucks, such as office buildings.

(f) Traffic Flow.
The size of the loading area shall be sufficient to prevent undue interference with adjacent required parking spaces, maneuvering aisles, or traffic flow on public streets.

(g) Number.
The minimum number of loading spaces shall be provided in accordance with Table 11.4.

(h) Exceptions.
For uses that will not require large truck deliveries, the Planning and Zoning Commission may determine that loading may take place in undesignated places in parking lots provided such loading is of a short-term nature.

(i) Pavement.
Loading dock approaches shall be constructed of asphalt or concrete with a base sufficient to accommodate expected vehicle weight.

(j) Screening.
Loading areas shall be screened from adjacent uses in accordance with the requirements of § 10.02: Screening Walls.

(k) Lighting.
Illumination of loading areas shall be in accordance with the requirements of § 10.03: Lighting Regulations.

(l) Maintenance.
Loading areas shall be maintained free of trash and debris. Surface, curbing, light fixtures and signage shall be maintained in good condition.

Off-Street Parking
(a) Applicability of Parking Requirements.
For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required by this Article.

(1) Whenever use of a building or lot is changed to another classification of use, off-street parking facilities shall be provided as required by this Article.
(2) If the intensity of use of any building or lot is increased, through the addition of floor area, increase in seating capacity or other means, additional off-street parking shall be provided for such increase in intensity of use.
(3) Off-street parking facilities in existence on the effective date of this ordinance shall not be reduced below the requirements of this Article.
(4) An area required for off-street parking shall not be changed to another use, unless equal parking facilities are provided elsewhere in the City in accordance with the provisions of this Article.

(b) Required Off-Street Parking Spaces.
The minimum number of required off-street parking spaces shall be provided on premise, in accordance with Table 11.1, or as otherwise allowed by this Article.

(1) Fractional Spaces.
When units or measurements determining the number of required parking spaces result in a fraction over one-half (1/2) a full parking space shall be required.
(2) Uses not Listed.
For uses not specifically listed in Table 11.1, the required parking shall be in accordance with that of a similar use as determined by the Planning and Zoning Commission, based on documentation provided by the applicant regarding the specific parking needs of the use.
(3) Bench Seating.
In calculating bench seating, if sought, for places of assembly, each 24 inches of bench, or similar seating facilities shall be counted as one (1) seat; except, if specifications and plans filed with the City denote a certain seating capacity that may be used as the basis for required parking space.
(4) Employees.
Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift.
(5) Floor Area.
Unless otherwise indicated, floor area shall be gross floor area (GFA) as defined in the Definitions Article, § 18.07: Definitions “F”.
(6) Occupancy.
Where parking requirements are based upon maximum seating or occupancy capacity, the capacity shall be as determined by the building code and the fire code.
See Table 11.1.

Maximum Allowed Parking.
While it is the intent of this ordinance to ensure that adequate off-street parking is available in conjunction with all uses, it is also recognized that excessive paved areas reduce aesthetics, create excess heat and glare and contribute to high rates of stormwater runoff. Therefore, the maximum parking permitted for any nonresidential use shall not exceed the minimum parking space requirements by more than 10%, unless additional parking is granted by approval of the Planning and Zoning Commission. In granting such additional space, the Planning and Zoning Commission shall determine that added parking will be required, based on documented evidence, to accommodate the use on a typical day. The Planning and Zoning Commission may require that additional spaces be constructed with alternative paving materials, such as permeable/grass pavers or pervious concrete to mitigate the additional runoff.

(c) Collective or Shared Parking.
Two (2) or more buildings or uses may use a common parking facility. The total number of parking spaces provided shall be equal to the required number of spaces for all of the uses computed separately. Cumulative parking requirements for mixed-use developments or shared facilities may be reduced by the Planning and Zoning Commission where it can be determined that one or more of the factors listed in subsection(d) below apply. Where uses are on separately owned lots, a legal agreement for shared parking shall be recorded and a copy provided to the City of Bells before a certificate of occupancy is issued.

(d) Reduction of Parking Requirements.
The Planning and Zoning Commission may reduce the parking requirements based upon a finding that there will be a lower demand for parking due to one (1) or more of the following:

(1) Convenient City of Bells off-street parking or on-street spaces located along the site’s frontage are available.
(2) Expectation of walk-in business due to sidewalk connections to adjacent residential neighborhoods or employment centers.
(3) Availability of other forms of travel, such as transit or non-motorized transportation, that can reasonably be expected to reduce parking demand. The Planning and Zoning Commission may require pedestrian connections be provided to nearby transit stops or similar facilities.
(4) Where the applicant has provided a parking study that demonstrates that another standard would be more appropriate based on actual number of employees, expected level of customer traffic or actual counts at a similar establishment.

(e) Banked Parking.

(1) Where a reduction in the number of parking spaces is not warranted, based on the criteria in subsection (f) [(d)], but an applicant demonstrates that the required parking requirements for a proposed use is not immediately necessary, the Planning and Zoning Commission may defer some of the parking. The site plan shall designate portions of the site for future construction of the required parking spaces, indicating the location, layout, and number of deferred spaces.
(2) The banked parking shall meet ordinance requirements, if constructed. Construction of the deferred parking to add parking spaces may be initiated by the owner or the City of Bells, based on parking needs and shall require administrative approval of an amended site plan. The City of Bells may request a performance guarantee to cover the cost of developing the deferred parking lot.

(f) Use Limitations.

(1) Off-street parking areas are intended only for temporary vehicle parking for public safety by keeping parked cars off the streets. Except when land is authorized to be used as storage space in connection with the business of a repair or service garage, parking areas or open land shall not be used for storage or parking of wrecked or junked vehicles.
(2) It shall be unlawful to use a parking lot or open area for the storage of merchandise, materials, trucks, trailers, construction trailers, recreational vehicles and equipment, except for uses approved for this purpose. This provision shall not apply to areas designated for fleet and company vehicles, provided they are in the side and rear yards.
(3) The parking of any vehicle for the purpose of displaying the vehicle for sale shall only be allowed at an approved vehicle sales dealership.
(4) The parking or storage of inoperable or unlicensed vehicles shall be prohibited, except under the following circumstances:

(a) Within an enclosed building; or
(b) In a screened yard of an approved motor vehicle use that is properly zoned and approved for the storage of vehicles under this ordinance.

(g) Location of Parked Vehicles.

(1) Vehicles may only be parked in a driveway, garage or parking lot meeting the requirements of ARTICLE 11: Parking Provisions. Vehicles may not be parked in any lawn or yard area, except on a parking lot or driveway. Vehicles shall not be parked in landscaped areas required by this ordinance.
(2) On-street parking and parking in the public right-of-way shall be subject to the applicable parking and traffic-control regulations of the City.
(3) Vehicles shall not be parked in locations that obstruct sidewalks or dedicated trails.

(h) Accessible (barrier-free) Parking - Required Number of Accessible Spaces.

(1) Within each parking lot, signed and marked barrier-free spaces shall be provided at a convenient location, in accordance with Table 11.2 or in accordance with the building code, whichever is more restrictive. See Table 11.2.

(2) Accessible free [barrier-free] parking spaces shall meet the standards for parking facilities for persons with physical disabilities.
(3) Accessible free [barrier-free] spaces shall be located as close as possible to building entrances and walkways.
(4) Where a curb exists between a parking lot surface and a sidewalk entrance, an inclined approach or curb ramp with a running slope not exceeding 1:12, a cross slope not exceeding 1:48, width of four (4) feet minimum, with detectable warning devices, shall be provided to accommodate handicapped accessibility in accordance with current ADA requirements.

Off-Street Parking Facilty Design
Whenever the off-street parking requirements in this Article require the building of an off-street parking facility, the off-street parking lots shall be laid out, constructed and maintained in accordance with the following regulations.

(a) Location.
Off-street parking facilities shall be located on the lot or within 150 feet of the building(s) they are intended to serve, as measured along lines of public access from the nearest point of the parking facility to the building(s) served.

(b) Access.

(1) Adequate ingress and egress, meeting the requirements of Section 11.04, Driveway Access Management, shall be provided to the parking lot for all vehicles by means of clearly limited and defined drives.
(2) All spaces shall be provided adequate access by means of maneuvering lanes, with the exception of single- and two-family residential dwellings.
(3) Parking lots shall be designed to prevent vehicles from backing into the street or requiring use of the street for maneuvering between parking rows.
(4) Where a parking lot is located in any district that does not permit single-family dwellings, ingress or egress shall not be permitted to cross land zoned for single-family residential use. However, in instances where access is provided by means of an alley that forms the boundary between a residential and nonresidential district such access shall be permitted.
(5) Emergency vehicle access shall be provided to all parking lots and storage areas.

(c) Parking Dimensional Requirements.
All parking lots shall be striped and maintained showing individual parking bays, in accordance with Table 11.3.

(1) Angled parking between these ranges shall be to the nearest degree.
(2) Stacking spaces for drive-through uses shall be at least 20 feet long and 10 feet wide. Required stacking spaces shall not block required off-street parking spaces.
(3) Space-efficient parking lot designs are encouraged for a given parking area. Use of angled parking patterns with one-way drive aisles is encouraged when practical, to reducing the required area of impervious surface.
(4) In commercial parking lots up to 20% of parking spaces may be designed for compact cars with a minimum width of eight (8) feet and a minimum length of 14 feet. Signage shall be provided limiting the spaces to compact vehicles.

(d) Construction and Maintenance.
The construction of any parking lot shall require approval of a site plan, in accordance with § 15.06: Application and Review Procedure for Preliminary and Final PUD.

(1) All parking lots and vehicle and equipment storage areas shall be paved with asphalt or concrete meeting the City of Bells engineering standards, as applicable. Alternative paving materials, such as permeable/grass pavers may be approved by the Planning and Zoning Commission and may be preferred for areas receiving lower traffic volume, such as overflow parking. For storage areas, the Planning and Zoning Commission may approve a substitute for hard-surfaced pavement upon a determination that there are no adverse effects on adjoining properties.
(2) Parking aisles may be graded towards sunken, vegetated buffer strips that are a minimum of eight (8) feet wide and planted with trees, and native herbaceous vegetation. An underdrain and soil amendment may be provided in the buffers if on-site soils are poorly drained. Surface water from parking areas shall be detained on-site in accordance with the applicable City engineering standards.
(3) Off-street parking areas shall be illuminated in accordance with the requirements of Article 10.04 [section 10.03].
(4) Fire lanes shall be designated on the site and posted with signage prior to occupancy. Vehicle circulation shall meet turning radius requirements set by the fire department.
(5) All parking lots shall be maintained free of trash and debris. Surface, curbing, light fixtures and signage shall be maintained in good condition.

Open Space (PUDs)
(a) Open Space Requirement.
All PUDs shall set aside a minimum of 15% of the total site area as common open space (including residential and nonresidential areas).

(1) Common open space shall be planned in locations visible and accessible to all in the PUD. The common open space may either be centrally located, along the road frontage of the development, [or] located to preserve natural features. Open space shall be situated to maximize the preservation of existing high-quality natural areas.
(2) Land area use[d] to meet the minimum 15% open space requirement shall be usable and not include stormwater detention/retention basins, wetlands, open water or other unbuildable areas. These areas may be preserved as common open space but must be in addition to the 15% usable land area.
(3) On urban infill sites within the City of Bells, open space may be in the form of parks, gardens and other green space, pedestrian plazas or walkways.

(b) Open Space Protection.
The dedicated open space shall be set aside in perpetuity by the developer through a conservation easement.

(1) The conservation easement shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use.
(2) The dedicated open space shall be maintained by parties who have an ownership interest in the open space. A maintenance agreement shall be recorded with approval of the final site plan.
(3) The dedicated open space shall forever remain open space, subject only to uses on the approved site plan. Any change in use of the open space from what is shown on the approved site plan shall require plan commission approval and shall not diminish compliance with the requirements of this ordinance.
(4) The open space or a conservation easement for the open space may be conveyed to a conservation organization or to a public agency for recreational or conservation use; however, any conveyance to a public agency shall be at the owner’s discretion and expense.

Parking of Semi-Trucks, Shipping Containers and Construction Equipment
(a) The storage or parking of semi-tractor trucks and/or semi-trailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery in residential district[s] is prohibited with the exception of the following:

(1) Semi-trailers, shipping containers and other types of storage units may not be parked or stored in a residential zoning district, except when a resident is moving into or out of a dwelling.
(2) Construction vehicles may be parked while in use for approved construction on the property only while a current building permit is in effect or during other site landscaping or utility work not subject to a building permit. Such vehicles shall only be parked on the property while in use for a construction project that is being diligently carried on toward completion.

(b) In all nonresidential districts, semi-trailers may not remain on any property longer than 30 days while being parked, stored, repaired, or sold. Only one (1) such semi-trailer may be parked, stored, repaired, or sold in any 12-month period. Only properly approved semi-trailer dealers operating in properly zoned districts are exempt from this requirement. Storage of semi-trailers, shipping containers and other types of storage units shall only be permitted in the industrial districts as an accessory use to an approved industrial use.

(c) City Ordinance No. 01152019A regarding Semi-Trucks on City Streets [§ 13.07: Parking of Semi-Trucks, Shipping Containers and Construction Equipment] of the Code of Ordinances] shall take precedence.

Permitted Uses (PUDs)
Principal uses permitted under the PUD standards are based on the underlying zoning district(s).

(a) All permitted uses and special uses of the underlying district(s) shall be permitted unless otherwise specified in the PUD ordinance.

(b) In addition to those uses otherwise permitted, a mixture of single- and multiple-family dwellings on a planned basis, through the use of attached dwellings, apartment buildings, zero lot line configurations, and/or other similar building configurations; or any combination of these residential uses may be permitted within any PUD.

(1) Residential density shall be determined by a conventional development plan that illustrates how the site could be developed as a conventional subdivision, meeting all applicable zoning and subdivision requirements. The plan commission shall review the design and determine the number of buildable lots that could be feasibly constructed, taking into consideration any wetlands or other non-buildable land. This number shall be the maximum number of dwelling units allowable for the PUD. Where the underlying zoning is multiple-family, density shall be determined based upon the underlying zoning district density limits. Portions of the site that are currently zoned for a nonresidential use or are proposed to be developed with only nonresidential uses shall not be included in the plan used to determine density.
(2) Once the density has been determined, residential units may be clustered on smaller lots on a portion of the site, with the remaining land area being preserved as open space.
(3) A density bonus of up to 25% may be granted where the development will provide for infill development/redevelopment, create a walkable neighborhood and be in accordance with the City of Bells comprehensive plan.

(c) For a PUD in a residential district that has an area of at least 10 acres, up to 20% of the total site acreage may be developed with uses permitted in the C1 District. Such uses must front a public street and be developed in conjunction with, or following, development of the residential uses.

(d) For a PUD in a C1, C2, MF district, residential uses, such as residential apartments on a second floor above retail or office uses, may be permitted in a mixed-use PUD, also in acres of at least 10 acres, up to 20% of total site acreage may be developed in conjunction with, or following, development of the commercial uses.

Projections into Required Yards
Certain structures and architectural features may project into the required yard setbacks as follows:

Projection	Front Yard	Rear Yard	Interior Side Yard	Corner Side Yard
Awnings and canopies	3 ft.	5 ft.	3 ft.	3 ft.
Chimneys	2 ft.	2 ft.	2 ft.	2 ft.
Cornices and similar architectural features	3 ft.	3 ft.	3 ft.	3 ft.
Balconies	5 ft.	5 ft.	3 ft.	5 ft.
Barrier-free ramps and other facilities	16 ft.	16 ft.	3 ft.	16 ft.
Bay windows	3 ft.	3 ft.	3 ft.	3 ft.
Eaves, overhanging	3 ft.	3 ft.	3 ft.	3 ft.
Fire escapes, open or enclosed	5 ft.	5 ft.	5 ft.	5 ft.
Gutters	3 ft.	3 ft.	3 ft.	3 ft.
Decks, unroofed porches and stoops	10 ft.	10 ft.	---	10 ft.
Window air conditioning units	2 ft.	2 ft.	2 ft.	2 ft.
Window wells	4 ft.	4 ft.	4 ft.	4 ft.

Qualifying Conditions (PUDs)
(a) Demonstrated Benefit.
The PUD shall provide two (2) or more of the following benefits in 5.02(a)(1)–(5) not possible under the requirements of another zoning district, as determined by the plan commission:

(1) Preservation of significant natural land feature or sensitive ecological areas.
(2) A complementary mixture of uses or a variety of housing types that provides a benefit to the community over conventional development.
(3) Common open space for passive or active recreational use.
(4) Off-site mitigation to community impacts resulting from the development, such as public roadway improvements to maintain or improve roadway level of service.
(5) Redevelopment of an outdated urban site or brownfield site where creative design can address unique site constraints.

(b) Availability and Capacity of Public Services.
The proposed type and density of use(s) shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities.

(c) Compatibility with the Comprehensive plan.
The proposed PUD shall be compatible with the overall goals and recommendations as proposed in the City of Bells comprehensive plan.

(d) Compatibility with the PUD Purpose.
The proposed PUD shall be consistent with the intent of this Article and spirit of this Ordinance.

(e) Development Impact.
The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this Ordinance.

Recreational Ponds
(a) Applicability.
Any recreational pond that will be greater than 1000 square feet in surface area and is not regulated as a retention or detention pond (retention and detention ponds have their own set standards). A permit will be required for any existing pond that shall have its surface area increased by more than 1000 square feet or any new recreational pond over 1000 square foot in size.

(b) Dimensional standards.

(1) ROW Setbacks.
All ponds shall be separated from any road right-of-way by no less than fifty (50) feet, measured from the top of bank or the normal fixed pool if no defined top of bank is present, using the most restrictive right-of-way possible. The owner shall be responsible for verifying the right-of-way width with TXDOT or City of Bells having jurisdiction over said public road and provide this information to the Planning and Zoning Commission. Use of adequately designed guard rails, berms, or other structural measures are encouraged and may be considered in lieu of the above-noted setbacks to reduce the chances of vehicles sliding into the pond.

(2) Property Setbacks.
If there is no pond bank, the high-water mark of the pond should be a minimum of 20 feet from all property lines. For ponds with banks, the embankment fill should be a minimum of 20 feet from all property lines. A variance to these setback requirements will be granted if a written agreement is established between affected property owners and be recorded in the County Recorder’s Office.

(3) Ponds Between Adjacent Parcels.
Property owners may construct a pond across property lines if there is a written agreement established between affected property owners and recorded in the County Recorder’s Office.

(4) Utility Setbacks.
Due to the safety considerations of the public and emergency rescue personnel, no pond temporary or permanent, shall be constructed under or within thirty (30) feet of any high-voltage electric line or utility pole. Variation from this policy shall require written approval from the affected utility provider.

(5) Waste Setbacks.
Recreational Ponds must be 50 feet from any septic field. This includes septic fields of adjoining neighbors. If the pond has an overflow pipe, this would be measured from the normal pool level of the pond. If there is no overflow pipe, then the 50 feet would be measured from top of bank.

(c) Design Elements Standards.

(1) Rise/Run Safety Ledge.
Ponds shall have a horizontal safety ledge 6 to 8 feet in width be incorporated in which the water depth of the pond over the ledge does not exceed 18 inches anywhere within 6 - 8 feet of the normal water level of the pond or a security fence around the pond be incorporated as a safety precaution.

(2) Artificial Water.
If there is added artificial water being drained to the pond from an outside source such as a geothermal system, pool, boiler, etc. the pond outfall must flow to an approved drainage conveyance such as a waterway, county-regulated tile, drainage easement or an arranged drainage agreement, or other City-approved drainage facility.

(3) Detention Volume.
Ponds shall have a detention volume of no less than 6 inches (distance between primary outfall and emergency overflow should be a minimum of 6 inches). Greater detention depth may be required for approval based on the adequacy of the conveyance system.

(4) Outflow Pipe.
Ponds should have an outfall pipe or overflow weir that discharges to an adequate capacity drainage conveyance such as a waterway, county-regulated tile, drainage easement or drainage agreement, or other approved drainage facility. If an acceptable drainage conveyance is not present and the outlet or weir opens onto the owner’s property where flow will discharge to an adjoining property, the outlet opening must be located at a distance from the property line equal to or greater than the largest length of the pond. This distance would be measured from the property line where the outfall water will flow to the outlet. Compliance with this provision shall not relieve the owner from any additional duties under Texas law with respect to the discharge of such water onto an adjoining property.

(5) Excavation.
No excavation shall occur, and no fill shall be placed within 75 feet of any regulated drain unless authorized by the County Development Service. The excavated dirt from the pond shall not be placed within a floodplain or wetland. Pond can be constructed within floodplain, but no banks will be allowed.

(6) Erosion/Sediment Control.
Installation and maintenance of appropriate perimeter erosion and sediment control measures to prevent adjacent lots from being damaged by runoff shall be installed. Adjacent lands disturbed by the pond construction must be repaired and stabilized with seeding or some other form of stabilization immediately. Any land disturbing activity occurring off of petitioners’ real property shall be pre-ordained by written agreement with the affected land owner. Erosion and sediment control measures for concentrated flow areas such as swales and pipe outfalls shall be seeding and measures that will be utilized to address disturbed ground. Storm sewer inlet protection measures must be undertaken if storm inlets are present.

(7) Clean-Outs.
Contractor or owner must clean up of sediment that is either tracked or washed onto roads. Clearing of the sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that follows all applicable State statutes and rules.

Recreational Vehicles and Equipment
(a) On a residential lot, a resident may store recreational vehicles and equipment, such as motor homes, trailers, ATVs, and watercraft, in garages or other accessory structures. Recreational vehicles or equipment may be stored outdoors in the side or rear yard; provided the recreational vehicle or equipment is owned by the resident of the dwelling on that lot and the vehicle or equipment is located a minimum of five (5) feet from the side or rear lot line.

(b) In a residential district, recreational vehicles and equipment may only be stored outdoors on the same lot as the owner’s principal dwelling.

(c) Recreational vehicles and equipment shall not be parked or stored on a public right-of-way.

(d) Recreational vehicles and equipment shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district. All recreational equipment parked or stored shall not be connected to sanitary facilities. Motor homes, travel trailers, or camping trailers shall not be occupied for dwelling purposes, except in a lawfully established mobile home park or campsite.

(e) Tents shall not be erected, used, or maintained on any lot, except small tents that are customarily used for recreation purposes and are located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business, or manufacturing purposes shall be permitted when a permit has been issued by the Planning and Zoning Commission and Permitting Vendor in accordance with provisions set forth in § 13.10: Tents/Canopies.

(f) Boats may be parked or stored in the open when customary in the operations of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling provided that it shall be located in side, rear or waterfront yard setback a minimum of five (5) feet from all lot lines; provided it is owned by the resident of the dwelling of said lot (13.06(a)). There shall be no major repair, disassembly, or rebuilding operations conducted on the lot.

Requirements (PUDs)
(a) Base Zoning Regulations.
Unless modified by the Planning and Zoning Commission and City Council, according to the PUD standards, all Zoning Ordinance requirements for the zoning district shall remain in full force.

(b) Regulatory Flexibility.
To encourage flexibility and creativity consistent with the PUD concept, the Planning and Zoning Commission may grant specific departures from the requirements of the zoning ordinance as a part of the approval process through the PUD ordinance. Development standards for lot area, lot width, building height, setbacks, off-street parking, general provisions, subdivision regulations or other zoning ordinance provisions may be modified, provided that such modifications result in enhanced buffering from adjacent land uses or public rights-of-way, preservation of natural features or creation of a walkable neighborhood. Minimum standards for improvements, such as road construction, sewage, water, and drainage may not be reduced as a part of the PUD ordinance.

(c) Approval of Modifications.
Any regulatory modification shall be approved with the PUD overlay district and preliminary site plan through a finding by the Planning and Zoning Commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the PUD, provided such variance does not involve alterations to open space areas, as shown on the approved PUD site plan or the requirements of this article.

(d) Table of Modifications.
A table shall be provided on the preliminary PUD site plan that specifically details all deviations from the established zoning district’s development standards for lot area, lot width, building height, and setbacks, off-street parking regulations, general provisions, subdivision regulations or other zoning ordinance provisions which would otherwise be applicable to the uses and development proposed in the absence of this PUD article. This specification should include Ordinance provisions, from which deviations are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought.

Screening Walls
(a) Requirement.
Screening walls shall be required where any parking lot, loading area or outside storage area is adjacent to a residential zoning district or existing residential use.

(b) Specifications.
Where required, screening walls shall meet the following requirements:

(1) Wall height shall be a minimum of six (6) feet tall and a maximum of eight (8) feet tall, measured from the average grade along the property line. Within the front yard, walls shall be a maximum of three and a half (3-1/2) feet tall except where a taller wall is approved by the Planning and Zoning Commission for the purposes of screening outdoor storage. In the industrial districts, a greater height may be allowed by the Planning and Zoning Commission to screen large equipment, vehicles, outdoor storage or activities that could otherwise impact adjacent uses.
(2) Walls shall be constructed of brick or other ornamental masonry material compatible with the principal structure. Building materials must be reviewed and approved by the Planning and Zoning Commission during site plan review. The Planning and Zoning Commission may approve the use of a privacy fence where it is determined to be more compatible with adjacent residential uses.
(3) Walls must be constructed on the lot line; however, this location may be modified by the Planning and Zoning Commission due to special circumstances, such as conflicts with underground utilities and better screening provided at alternative locations.
(4) Walls shall be continuous except for openings for pedestrian connections.
(5) A berm of equal of greater height may be substituted for the screening wall requirement[.]

Signs
Intent. See § 12.01: Intent.

Scope of Requirements.
A sign shall not hereafter be erected, re-erected, constructed, altered or maintained without receiving the proper sign permit, except as provided by § 12.03: Signs Not Requiring Permit.

Signs Not Requiring Permit. See § 12.03: Signs Not Requiring Permit.

Signs Requiring a Permit.

(a) These signs require a permit, See Table 12.1, and § 12.07: Sign Permits. The number, display area, and height of signs within the nonresidential zoning districts are provided below and its accompanying set of additional requirements.

(b) Signs noted in Table 12.1 shall comply with the following requirements:

(1) The Planning and Zoning Commission may permit a fifteen [percent] 15% increase in the allowable sign area where the site has shared access with an adjoining site in accordance with Article 10, Site Development Provisions.
(2) Awnings.
Awnings may project over the public sidewalk, provided they are a minimum of eight (8) feet above the sidewalk and do not obstruct the public.
(3) Billboard.
Billboards must be approved and permitted by TXDOT prior to the City of Bells approval and shall only be permitted locally where in compliance with all of the following requirements:

(a) Districts Allowed.
Billboards are allowed only in the following districts: M1– Light Industrial and C2–General Commercial zoning districts and only along State Highways.

(b) Location.
Billboards shall be constructed so that its principal view is fully screened from an interchange area involving merging traffic. Any billboard shall comply with the following:

1. The billboard must be constructed in such a manner as to be viewed from the State Highway and not from local roadways, alley roads, traffic intersections, or residential areas.
2. The premises must have a roadway easement such that the persons maintaining and servicing the sign may reach the site without danger.

(c) Size and Configuration. A billboard shall be constructed according to applicable building requirements, codes, and zoning regulations, including the following:

1. The maximum height shall be 30 feet above median ground level within a 500 feet radius of the site.
2. The maximum sign surface area shall be 672 square feet.
3. Billboards shall be back to back or a “v” design; for a “v” design maximum separation between sign ends shall be 20 feet.
4. Side-by-side or deck/stacked structures shall not be permitted.
5. Billboards shall be prohibited from:

i. Extending above the tree line or horizon when viewed from any portion of the roadway that it faces.
ii. Being located on or over the roofs of buildings.
iii. Projecting over any public easement or right-of-way.

(d) Spacing and Separation. A billboard shall maintain all of the following spacing and setback requirements:

1. At least 300 feet from any residential zoning district, historic district or outdoor park/recreational facility measured from property lines.
2. At least 300 feet from any park, school, church, hospital, cemetery, or government building measured from property lines.
3. The application shall include a certified site plan showing compliance with the spacing and separation distances required by this Article.

(e) Setbacks.
Billboards shall comply with all setback requirements for an accessory structure in the district in which they are located.

(f) Limitations on Movement.
A billboard shall be prohibited from having moving, flashing, oscillating or other distracting parts visible to drivers or vehicles. Rotating signs shall not be permitted.

(g) Illumination.
A billboard may be illuminated subject to all of the following requirements:

1. Illumination must be directed in such a manner that all incidental light generated falls on the sign face.
2. All lights must be shielded such that the light is not visible to traffic or surrounding homes or businesses.
3. The use of animated electrical signage shall be prohibited.
4. Billboards within 400 feet of any residential district may not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.

(h) Non-used billboards. Any billboard not in use shall have the unused surface display a scenic view, consistent with the area scenery or a public service display.

(i) Maintenance and Unsafe Conditions. Any billboard that collapses, topples or disintegrates shall be made safe within 20 days of the event or the site shall be cleared of the debris.

(j) State Compliance Required. All billboards shall comply with applicable requirements and conditions [of] the State of Texas. A billboard permit shall be first obtained from TXDOT prior to City of Bells permit.

(k) Identification Plate. The framework, foundations or superstructure of the billboard shall have a metal identification plate, as defined, firmly attached thereto.

(4) Business Centers.
Each business center with at least 150 feet of major road frontage may be allowed one (1) on-premises freestanding business center sign, subject to the following:

(a) May be directly or indirectly illuminated.
(b) May be double-faced.
(c) Shall not reduce the number of signs or sign area otherwise allowed for the premises included within the business center but shall prohibit any other freestanding signs from being located within the business center.

(5) Community, Neighborhood, Development Entry Signs.

(a) Freestanding signs of low-profile design.
(b) May be directly or indirectly illuminated.

(6) Gasoline Service Stations.
Each gasoline service station may be allowed the following signs in addition to the signs otherwise allowed by this Article:

(a) Gasoline pump signs not exceeding three (3) square feet per pump.
(b) Signage on the canopy, which shall be counted toward determining compliance with the requirements for total allowable area of wall signs allowed on the parcel.
(c) May contain up to two (2) pump island signs located on the structural supports identifying “self-serve” and “full-serve” operations, provided that such signs do not exceed four (4) square feet in area.

(7) Monument or Ground Signs.
Monument signs shall have a brick base and landscaping around the base of the sign.

(8) Real Estate Development Signs.
Permits for real estate development signs shall be issued for one (1) year and may be renewed on annual basis.

(9) Wall signs. See § 12.04(b)(9) Wall Signs.

Prohibited Signs. See § 12.05: Prohibited Signs.
General Provisions for Permitted Signs. See § 12.06: General Provisions for Permitted Signs.

See ARTICLE 12: Signs Regulations for complete, detailed information.

Uses Per Lot
(a) Except as otherwise specifically provided in this Ordinance, no lot may contain more than one (1) principal habitable building, structure, or use.

(b) Shopping centers, groups of multiple-family buildings, condominiums, retail business buildings, multi-tenant offices, leased industrial space, or other groups of buildings contained within a single integrated complex are deemed to be a principal use collectively. To be considered as an integrated complex, the site shall share parking, signs, access, or other similar features, which together form a unified function and appearance.

(c) Cellular Tower facilities, including 5G “Small Cell” may be located on a lot that contains another use, except one-family and two-family dwelling units.

(d) There shall be no more than one (1) dwelling per lot, except for two-family dwellings, attached single-family dwellings, multiple-family dwellings or accessory dwellings approved under the requirements of this ordinance.

Waste Receptacles
(a) Applicability.
The regulations of this section shall apply to all uses except residential uses with curbside trash collection service. The Planning and Zoning Commission may modify the requirements of this section for a use that has alternative means of waste disposal and will have no outdoor storage of waste receptacles.

(b) Location.

(1) Waste receptacles including dumpsters with enclosures, shall be located in the rear yard or side yard, unless otherwise approved by the Planning and Zoning Commission.
(2) For nonresidential uses adjoining/adjacent to a residential district, the waste receptacle enclosure shall be as far as practical, and in no case less than 10 feet, from any adjacent residential district.
(3) Waste receptacles shall be easily accessed by refuse vehicles without potentially damaging automobiles parked in designated parking spaces or interfering with the normal movement of vehicles on or off the site.

(c) Enclosure Materials and Screening Required.

(1) All waste receptacles, including dumpsters and compactors, must be enclosed on three (3) sides with a six (6) foot high masonry enclosure constructed of the primary building materials of the principal building on the site.
(2) The enclosure shall also include a gate, made of wood or other high-quality material, as determined by the Planning and Zoning Commission, on the fourth side. If the waste receptacle is a dumpster, it must have an enclosing lid or cover.
(3) All waste receptacles, associated enclosures and receptacle contents must be screened from public view.
(4) Supplemental landscaping to screen the waste receptacle enclosure shall be provided.

(d) General.

(1) The waste receptacle base shall be at least nine (9) feet by six (6) feet in area, constructed of six (6) inches of reinforced concrete pavement.
(2) The base shall extend six (6) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.
(3) Posts, bollards or bumpers shall also be provided to protect the enclosure from damage.
(4) The shared use of receptacles shall be allowed by adjoining businesses where sharing will not create a health or safety concern and where it does not result in the accumulation of visibly excessive quantities of waste.

City of Bells, TX

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