City of Balcones Heights
Zoning Ordinance F
 

 

"F" Retail district . In the "F" retail district, no building or land shall be used and no building shall be erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses (provided that the use is not noxious or offensive by reason of the emission of odor, dust, smoke, gas, fumes, noise, light, excessive traffic, or vibration):

(1) Any use permitted in the "E" office district.

(2) Any of the following types of businesses employing less than six persons on the premises:

(a) Bakery;

(b) Ice manufacturing station;

(c) Dyeing or cleaning works;

(d) Laundromat.

(3) Any of the following types of businesses:

(a) Banks;

(b) Restaurants;

(c) Theatres;

(d) Hotels or motels.

(4) Any retail stores of the following types:


•  Any retail store but not including the display or sale of used or salvage merchandise;

•  Antique shops where all merchandise is always kept inside the building;

•  Shops for custom work or the making of articles to be sold at retail on the premises when the making is conducted inside the building.

(5) No public garages shall be permitted. However, repair and maintenance of vehicles shall be permitted under the following conditions:

(a) When repair or maintenance performed on vehicles is purely incidental to or considered inherent with a business established primarily for the sale of vehicles, or general merchandise stores which have a major percentage of total business dedicated to sales of automotive supplies, provided that all service is performed within a building.

(b) Hours of operation shall not be earlier than 8:00 a.m. and not later than 9:00 p.m.

(6) Accessory buildings. Refer to the Standard Build ing Code.

(7) Antennae. No commercial telecommunications facility or commercial antennae shall be permitted.

(8) Fencing.

(a) Permit required. No fence shall be erected within the city unless the person erecting the fence shall first obtain a permit from the city for the construction of the fence. The cost of the permit shall be $25. The permit shall specify the approved height, length, material or materials, style and location of the fence. Property pins and boundary lines shall be located to avoid encroachment.

(b) Dimensions. Except as required by the city, no fence hereafter erected within the city shall exceed six feet in height along a side or rear property line. Maintenance of residential fences shall be the responsibility of the property owner. Failure to maintain shall constitute a public nuisance. No residential fence may be constructed closer to the front property line than the front line of the main building on the lot, or the front line of the main building on the abutting lot.

(c) Pool Fence. It shall be unlawful hereafter for any person to construct, use or maintain upon premises in his or her possession or under his or her control any swimming pool unless the pool be enclosed within a permanent fence not less than four feet in height and unless the gates or entrances to the enclosure have automatic latching mechanisms. This requirement maybe satisfied by a fence six feet high that encloses the lot or lots where the pool is located. Pool fences shall not obscure the pool from being viewed from any common observation point on the property.

(d) Installation required. Installation and maintenance of a suitable buffer shall be required where a multifamily, office, retail, business or industrial zone or use abuts an A or B residential zone or use. The installation and maintenance of the buffer shall be the responsibility of the owner of the multifamily, or office, or retail, or business, or industrial zone, or his or her lessee, agent or representative.

 

(9) Height and area regulations.

(a) Where a retail use abuts a residential use, the retail side yard shall not be less than ten feet.

(b) There shall be a front yard of at least 25 feet deep.

(c) There shall be a rear yard of at least 25 feet deep.

(10) Landscaping.

(11) Offstreet parking. See § 153.050.

(12) Signage. No portable, temporary or moving signs shall be permitted. Address numerals shall be incorporated into the business sign, and shall also be affixed to the main entrance door and be clearly visible from the street, or from the parking lot immediately in front of the main entrance door.

(a) All signs shall:

1. Be illuminated, but shall incorporate no flashing or blinking;

2. Conform to the style prescribed by the city;

3.  Not exceed 144 square feet of face area when viewed from any direction.

(b) Bench signs shall:

1. Not obstruct pedestrian right of way;

2. Be allowed only at bus stops;

3. Be regulated by city contract.

(c) Wall signs shall not exceed 288 square feet of face area.

(d) Pole signs shall:

1. Be illuminated, but shall incorporate no flashing or blinking;

2. Not exceed 144 square feet of face area when viewed from any direction;

3. Not exceed 20 feet in height.

(e) Each freestanding business address, as determined by certificate of occupancy, shall be entitled to one sign, or one double faced sign, combining for a total of 288 square feet of face area.

(f) Businesses that are grouped shall be entitled to one building sign and one "slot" on the street sign that represents that group of businesses. The total face of a street sign shall not exceed 288 square feet when viewed from any direction.

(g) No sign shall be permitted along any street for a business that does not have a business entrance on that street.

(h) No sign shall be permitted that is not used exclusively to advertise for a business located on the same property as the sign.

(i) Temporary signs are exempt from this chapter and they are defined and regulated by § 130.05.

Interpretive note: It is the desire of the Planning and Zoning Commission to promote the �F" retail district as an area characterized by the display and sale of new merchandise, or antiques, as differentiated from used, secondhand or salvage merchandise.

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