HomeMy WebLinkAboutOrd 590-2012 Regulations Related to Alcoholic Beverages.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 590-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE III BY ADDING
REGULATIONS RELATED TO ALCOHOLIC BEVERAGES; BY AMENDING PART III -
C, ZONING ORDINANCE, SECTION 34.12 REGULATING LOCATION AND USES
RELATED TO SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR A PENALTY;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City') has previously established regulations
related to the sale and consumption of alcoholic beverages; and
WHEREAS, certain of those regulations are set forth in ordinances that are not codified
in The Anna City Code of Ordinances ("Anna Code") and the City Council desires to
amend said regulations and codify the resulting regulations into Part II, Article III, of the
Anna Code; and
WHEREAS, the Council desires to repeal the ordinances referenced above once the
amended regulations take effect; and
WHEREAS, the City's Comprehensive Zoning Ordinance ("Zoning Ordinance") is
codified as Part III -C of the Anna Code; and
WHEREAS, after a duly noticed public hearing, the City Council of the City of Anna,
Texas ("City Council") has investigated and determined that it would be advantageous
and beneficial to the City and its citizens to amend Part III -C of the Anna Code, the
Zoning Ordinance, regarding regulations pertaining to establishments that sell alcoholic
beverages; and
WHEREAS, the City Council has held the requisite public hearing(s) pertaining to
zoning and permitting procedures within the City and its consideration and adoption of
this ordinance was in compliance with the Texas Open Meetings Act; and
WHEREAS, the City Council finds that within the Downtown Revitalization area or
"downtown area" as more specifically identified in Chapter 6 of the City of Anna
Comprehensive Plan 2010-2030 (the "Comprehensive Plan"), as shown in Figure 13 of
the Comprehensive Plan, no predominant permanent land use exists; and
WHEREAS, the City Council finds that certain of its current regulations pertaining to
establishments that sell alcoholic beverages could have the result of unnecessarily
restricting the sale of alcoholic beverages in the downtown area; and
ORD. 690-2012 Amending Code for Alcohol Regulations Page 1 of 12 08-28-12
WHEREAS, the City Council finds that a mixture of land uses throughout the downtown
area should be encouraged, including but not limited to housing, religious institutions,
offices, shops, restaurants, hotels, light commercial, and entertainment; and
WHEREAS, the City Council finds that for a mixture of such uses to occur, one type of
use should generally not prevent another type of use; and
WHEREAS, the City Council desires to foster a community with a business -friendly
environment in the downtown area that provides an atmosphere that accepts people of
all walks of life and encourages a sense of inclusion; and
WHEREAS, the City Council desires to provide incentives for businesses to expand,
start, improve or move into the downtown area by allowing for a variety of uses,
including but not limited to uses that include the sale of alcoholic beverages, and further
desires to attract businesses looking for a new branch office or establishing
headquarters in a small city; and
WHEREAS, the City Council desires that the downtown area provide an opportunity for
persons to park once and dine out, attend cultural events, enjoy an urban yet local
atmosphere in order to appeal to a large segment of local residents; and
WHEREAS, the City Council finds that a small downtown with a variety of dining and
entertainment options, including establishments that sell alcoholic beverages, would be
attractive to many businesses and nearby residents; and
WHEREAS, the City Council finds that in the past, there has been a willingness on the
part of property interest(s) associated with religious institutions to waive the 300 foot
distance rule related to sales of alcoholic beverages in favor of allowing one or more
restaurants to sell alcoholic beverages in the downtown area; and
WHEREAS, the City Council finds that removing certain restrictions that could otherwise
prevent the sale of alcoholic beverages in the downtown area would promote the
desires and findings of the City Council as set forth herein; and
WHEREAS, the City Council finds that certain of the City's regulations governing the
sale of alcoholic beverages are in need of being updated to comply with the Texas
Alcoholic Beverage Code as amended; and
WHEREAS, the City has authority granted to municipalities under the Texas Alcoholic
Beverage Code §§ 109.31 and 109.32, to prohibit the sale of beer in any residential
area within the City's corporate limits and to otherwise regulate the sale of beer as
permitted by said section; and
WHEREAS, the City has authority granted to municipalities under the Texas Alcoholic
Beverage Code § 109.33, and 109.331 to prohibit the sale of alcohol within 300 feet of
ORD. 590-2012 Amending Code for Alcohol Regulations Page 2 of 12 08-28-12
certain land uses including public and private schools, churches, hospitals, day-care
centers, and child-care facilities; and
WHEREAS, the City has authority granted to municipalities under the Texas Alcoholic
Beverage Code § 109.57(d) to regulate the location of establishments that derive 75
percent or more of the establishment's gross revenue from the on -premise sale of
alcoholic beverages;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1. Recitals Incorporated
The above -stated recitals and findings are incorporated herein by reference as if set
forth in full for all purposes.
SECTION 2. Ordinances Repealed.
Any provisions of the ordinances listed below in this section that remain in effect at the
time of the adoption of this ordinance are hereby repealed in their entirety, effective as
of the effective date of this ordinance:
Ordinance No. 108-2003;
Ordinance No. 182-2005;
Ordinance No. 183-2005;
Ordinance No. 184-2005;
Ordinance No. 185-2005;
Ordinance No. 186-2005;
Ordinance No. 187-2005;
Ordinance No. 385-2008; and
Ordinance No. 428-2009.
SECTION 3. Amendments to the Anna City Code of Ordinances.
3.01 In accordance with Part 11, Article I, Section 9 of the Anna City Code of
Ordinances ("Anna Code"), the following amendment is made to Part II of the Anna
Code, by codifying and/or providing new alcoholic -beverage related regulations in
Article III of Part II (said Article III having previously been reserved) as follows:
Section 1. Definitions
To the extent that words or Phrases used in this article are defined in the
Texas Alcoholic Beverage Code such words or Phrases shall have those
ORD. 590-2012 Amending Code for Alcohol Regulations Page 3 of 12 08-28-12
their ordinary meaning, unless specified otherwise.
(Ord. No 590-2012, adopted 8-28-12)
Section 2. Permit Required; Associated Requirements and Procedures
(a) It shall be unlawful for any person to manufacture, distill, brew, import,
transport, store for purposes of sale, distribute or sell any alcoholic
beverage within the City without having first paid an annual permit fee
to the City equal to one-half of the State of Texas fee required by the
Texas Alcoholic Beverage Code ("TABC") of every person that may be
issued any permit or license or renew such permit or license by the
State for the manufacture, distilling, brewing, importing, transporting,
storing, distributing or sale of any alcoholic beverage. Except as
otherwise set forth in this section, the permit fee shall be paid to the
City Secretary upon original application and then annually for permit
renewal. The City Secretary shall issue a receipt for the permit fee and
keep a record of same in the City Secretary's office. All receipts issued
for the payment of permit fees under the provisions of this section shall
terminate at midnight on the day before the anniversary date of their
issuance, and no receipt shall be issued covering a longer period than
one year.
(b) Notwithstanding subsection (a), the permit fee for a mixed beverage
permit shall not be charged for an original application and shall not be
charged for the first two annual renewals. For the third annual renewal
of a mixed beverage permit, and for all subsequent renewals thereafter,
a permit fee shall be charged in accordance with subsection (a).
(c) Before the City Secretary shall sign any application for a permit or
license regulated under the TABC, or any annual renewal, such
application shall be submitted to the appropriate City departments, as
determined_ by the City Manager to ensure that the application complies
with all City ordinances and regulations and are for establishments
located in a wet area.
(d) An annual processing fee in the amount of $250.00 shall be charged by
the City Secretary for accepting any application or renewal. The Citv
Secretary shall issue a receipt for the processing fee and keep a record
of the same in the City Secretary's office. All receipts issued for the
payment of processing fees under the terms of this section shall
terminate at midnight on the day before the anniversary date of their
issuance, and no receipt shall be issued covering a longer period than
one year.
(Ord, No. 482-2009, adopted 01/27/09: Ord. No. 108-2003, adopted
09/09/03); cross reference: Part 111-C, Section 34.12.
ORD. 590-2012 Amending Code for Alcohol Regulations Page 4 of 12 08-28-12
Section 3. Reaulations for Sale of Beer for On -Premises Consumption
(a) To the extent that an employee of an establishment serves beer to the
public for on -premises consumption, such employee must have a
current food handler certificate.
(b) No person other than the permittee or licensee for an establishment
that serves beer to the public for on -premises consumption may do so
unless the person so serving is employed by the permittee or licensee
of such establishment.
(c) No person serving beer to any patron or customer of such
establishment shall receive, as compensation, any part of the price paid
by the patron or customer for such beer, nor shall his or her
compensation be dependent on the amount of beer served.
(Ord. No. 590-2012, adopted 8-28-12; Ord. No. 184-2005, adopted
02/12/05)
Section 4. Regulations for Drive -Through Sales
(a) An establishment licensed for the retail sale of beer for off -premise
consumption—and which has at least 6,000 square feet of indoor retail
space—may utilize a window located on an exterior wall of the
establishment. Otherwise, no establishment may sell beer for off -
premise consumption through a window or any other apparatus that
does not require the purchaser to enter the interior of the establishment
in order to purchase beer.
(b) For purposes of this section a "window or any other apparatus" does
not include a doorway or other opening to the establishment that is
large enough to allow and does allow motor vehicles to enter or exit any
part of the establishment."
(Ord. No. 590-2012, adopted 8-28-12; Ord. No. 385-2008, adopted
06/10/08)
3.02 In accordance with Part II, Article 1, Section 9 of the Anna City Code of
Ordinances, the following amendment is made to Part III -C, Section 34.12, by amending
said section as follows:
34.12 Sale of Alcoholic Beverages
(a) This section 34.12 shall not apply when the storage or serving of
ORD. 590-2012 Amending Code for Alcohol Regulations Page 5 of 12 08-28-12
alcoholic beverages is strictly for the consumption of the owners of the
premises and their guests at no charge. Othep ise the stoFage
on, aF sale of alGehek beverages by anyone for consumption
ie shall be illegal k inless on propeFty zoned SPBGbfiGally foF that
(Ord. No. 590-2012, adopted 8-28-12)
(b) The storage, possession, or sale of any alcoholic beverage, when
permitted by the laws of this state, shall be regulated and governed as
provided herein and in other applicable ordinances and regulations of
the -G4 City.
(Ord. No. 590-2012, adopted 8-28-12); Cross reference: Part ll, Article 111
ALCOHOLIC BEVERAGES
exception in subsection (k) of this section, the term "residential area"
includes locations that are within any of the following zoning districts or
areas:
SF -E - Single Family Residential - Large Lot;
SF -1 - Single Family Residential;
SF -84 - Sinale Familv Residential
SF -72 - Single Family Residential;
SF -60 - Single Family;
SF -Z - Single Family Zero Lot Line;
SF-TH - Single Family Town Home;
MH -1 - Manufactured Home District;
MH -2 - . Manufactured Home Park District;
TF Duplex - (Two Family Residential);
ORD. 590-2012 Amending Code for Alcohol Regulations Page 6 of 12 08-28-12
01
exception in subsection (k) of this section, the term "residential area"
includes locations that are within any of the following zoning districts or
areas:
SF -E - Single Family Residential - Large Lot;
SF -1 - Single Family Residential;
SF -84 - Sinale Familv Residential
SF -72 - Single Family Residential;
SF -60 - Single Family;
SF -Z - Single Family Zero Lot Line;
SF-TH - Single Family Town Home;
MH -1 - Manufactured Home District;
MH -2 - . Manufactured Home Park District;
TF Duplex - (Two Family Residential);
ORD. 590-2012 Amending Code for Alcohol Regulations Page 6 of 12 08-28-12
MF -2 - Multiple Family Residential - High Density;
PD - Any residential part of a Planned Development District; or
amended.
(Ord. No. 590-2012, adopted 8-28-12; Ord. No. 183-2005, adopted
02/12/05)
(d) It shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within 300 feet
of any church or public Hospital. The measurement of the distance
between the Alcoholic Beverage Store and the church or public
Hospital shall be along 'the property lines of the Street fronts and from
front door to front door, and in direct line across intersections.
(e) It shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within 300 feet
of any public or private school. The measurement of the distance
between the place of business and the public or private school shall be:
(1) in a direct line from the property line of the public or private school
to the property line of the place of business, and in a direct line
across intersections; or
(2) if the permit or license holder is located on or above the fifth Story of
a multistory Building, in a direct line from the property line of the
public or private school to the property line of the place of business,
in a direct line across intersections, and vertically up the Building at
the property line to the base of the floor on which the permit or
license holder is located.
(Ord. No. 590-2012, adopted 8-28-12)
It shall be unlawful for any person who
ORD. 590-2012 Amending Code for Alcohol Regulations Page 7 of 12 08-28-12
Store to sell alcoholic beverages within 300 feet of any existing day
sare-day-care or private sstaee4 child-care facility. The measurement of
the distance between said Alcoholic Beverage Store and the day oafe
day-care center or private sohool child-care facility shall be in a straigh
direct lines from the said bUlGiaess Alcoholic Beverage
Store to the neare A-pGWpropgrty line of the day Garedav-care center
oivate wheel child-care facility. The measurement for a stru Lure
shall he taken from the nearest neint that a stnUotnre extends in a
saidstraetwfes-For the purposes of this subsection and subsections (g)
and (h), below, the terms "day-care center" and "child-care facility" have
the meanings defined under Section 42.002, Texas Human Resources
Code.
(Ord. No. 590-2012, adopted 8-28-12)
(g) It shall he unlawful for any Aloeheno Beverage Store to he oonstruc-tent
ereeted, or plaGed oleser than 1,000 feet to aRether A!Goho!iG Beverage
StGre The measurement of the rdistanoe between said Aloeholin
Beverage Store shall be On a stFaight line in all &eGtpons ftom the said
measurement for a stn uoh ure shall he taken Prem then est point that
a StFUGtUFe e)dends in any direction, inGluding overhanging reefs and all
nmieotiaRs OF norkioRS of Said
StFUGt„res Subsection (f) of this section
only applies to a permit or license holder under Chapter 25, 28, 32, 69,
or 74 of the Texas Alcoholic Beverage Code who does not hold a food
and beverage certificate. Subsection (f) does not apply to a permit or
license holder who sells alcoholic beverages if:
(1) the permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building; or
(2) the permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is located
on the second story or higher of a multistory building.
(Ord. No. 590-2012, adopted 8-28-12)
(h)
D*str*r.t upon issuance of a specific use permit An establishment that
derives 75% or more of the establishment's gross revenue from the
sale of alcoholic beverages for on -premises consumption may not be
located within 1000 feet of a public school, private school, church, day-
care center or child-care facility, as those terms are described in the
Texas Alcoholic Beverage Code. The measurement of the distance
between such establishment and the church or public hospital shall be
ORD. 590-2012 Amending Code for Alcohol Regulations Page 8 of 12 08-28-12
along the property lines of the street fronts and from front door to front
door, and in direct line across intersections. The measurement of the
distance between such establishment and the public school, private
school, day-care center, or child-care facility shall be:
(1) in a direct line from the property line of the public or private school
to the property line of the place of business, and in a direct line
across intersections: or
(2) if the permit or license holder is located on or above the fifth story of
a multistory building, in a direct line from the property line of the
public or private school to the property line of the place of business,
in a direct line across intersections, and vertically up the building at
the property line to the base of the floor on which the permit or
license holder is located.
(Ord. No. 590-2012, adopted 8-28-12: Ord. No. 183-2005, adopted
02/12/05
(i) Notwithstanding th`tan`iing a y nth_ provision in thus Part of the Gee it shall be
unlawful feF any person who is engaged in the h, isiness of se4ing
alGaheliG beveFages to sell es in OF WithiR 300 feet
aRy residentially zoned area An establishment that derives 75% or
more of the establishment's gross revenue from the sale of alcoholic
beverages for on -premises consumption may not be located within a
THOR - Thoroughfare Overlay District nor an F -B - Food - Beverage
Overlay District as those areas are defined in this Part of the Code as
amended.
(Ord. No. 590-2012, adopted 8-28-12: Ord. No. 183-2005 adopted
02/12/05)
(i) An establishment that derives 75% or more of the establishment's
gross revenue from the sale of alcoholic beverages for on -premises
consumption may not be located closer than 1.000 feet to an existing
establishment that derives 75% or more of the establishment's gross
revenue from the on -premises sale of alcoholic beverages. The
measurement of the distance between said establishments shall be in a
straight line in all directions from the said establishment to the nearest
point of other such establishment. The measurement for a structure
shall be taken from the nearest point that a structure extends in any
direction, including overhanging roofs and all projections or portions of
said structures. For the purposes of this subsection, the term "existing
establishment that derives 75% or more of the establishment's gross
revenue from the on -premises sale of alcoholic beverages" means such
an establishment that is in lawful operation or that holds a current and
ORD. 590-2012 Amending Code for Alcohol Regulations Page 9 of 12 08-28-12
valid certificate of occupancy for such operation.
(Ord. No. 590-2012, adopted 8-28-12; Ord. No. 183-2005, adopted
02/12/05)
(k) For the purposes of this subsection, the term "downtown area" means
the area identified in Chapter 6 of the City of Anna Comprehensive
Plan 2010-2030, as shown in Figure 13 of said Comprehensive Plan.
Notwithstanding anything to the contrary in this section:
(1) the regulations in subsections (d), (e), (f), and (g) of this section do
not apply to any land or Uses in the portion of the downtown area
shown to be within the dotted boundary line in the figure below: and
(2) regardless of whether any residential Uses may be in existence or
may be located within the portion of the downtown area shown to be
within the dotted boundary line in the figure below, said portion of
the downtown area is not within the definition of residential area as
set forth in subsection (c) of this section.
(Ord. No. 590-2012, adopted 8-28-12)
ORD. 590-2012 Amending Code for Alcohol Regulations Page 10 of 12 08-28-12
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SECTION 4. Amendment to Comprehensive Plan
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To the extent that any part of this ordinance conflicts with the City's Comprehensive
Plan as amended and the City's zoning map as amended, (collectively, the "Plan"), the
Plan shall be deemed to have been amended by this ordinance.
ORD. 590-2012 Amending Code for Alcohol Regulations Page 11 of 12 08-28-12
SECTION 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
SECTION 6. Penalty
It shall be a Class C misdemeanor to violate any provision of this ordinance or the
regulations adopted hereunder. The amount to be paid upon conviction shall not exceed
the amount set forth and as applicable in the Anna Code or in said regulations, or the
highest amount allowed by law, whichever is lower. Each day such violation shall
continue, or be permitted to continue, shall be deemed a separate offense.
SECTION 7. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 28th day of August, 2012.
ATTESTED:
yw- k��-
Ci y ecretary, Natha Wilkison
OF
.......... I -- X N� a so9
ORD. 590-2012 Amending Code for Alcohol Regulations Page 12 of 12 08-28-12
OPTION A
CITY OF ANNA, TEXAS
ORDINANCE NO. 591-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART III — C, SECTION 34 BY ADDING SECTION 34.13
(WIND ENERGY CONVERSION SYSTEMS), AMENDING APPENDIX 2 SCHEDULE OF USES
— TABLE 7 (ACCESSORY AND INCIDENTAL USES) AND AMENDING APPENDIX 3 EX 3.7.7
AND 3.7.8 (DESCRIPTIONS/DEFINITIONS OF USES); PROVIDING FOR A PENALTY FOR
ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules
and regulations governing the use of land; and
WHEREAS, the City Council of the City of Anna seeks to provide for the safe and orderly
development of property within its corporate limits; and
WHEREAS, the City Council finds it to be in the best interest of the public health, safety,
and welfare to provide for the uniform regulation of the construction, design, repair,
installation, and maintenance of Wind Energy Conversion Systems within the City; and
WHEREAS, the City Council has determined that the City's Code of Ordinances should
provide regulations pertaining to Wind Energy Conversion Systems based on: (1) an
assessment of the City's existing public facilities or lack thereof as relates to the health,
safety, and welfare of the City's residents with regard to the potential abatement and/or
mitigation of nuisance or unsafe conditions related to Wind Energy Conversion Systems; (2)
an assessment of amendments to existing ordinances and regulations related to measures
required to ensure the safe and proper construction, erection, maintenance, repair, and use
of Wind Energy Conversion Systems; and (3) assessment of amendments to existing
ordinances and regulations related to measures required to achieve balance between the
value of alternative energy sources and the protection quality of life issues for the City's
residents, including but not limited to nuisance and unsafe conditions, aesthetics, and
protection of property values; and
WHEREAS, pursuant to Texas Local Government Code Chapters 211, 212, 214, 216, 217,
other applicable law, and by virtue of its police powers as a home -rule municipality, the City
is authorized to regulate Wind Energy Conversion Systems;
WHEREAS, the City Council finds it to be in the public interest to adopt regulations which
address specifications to the Wind Energy Conversion Systems in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
ORD. 591.2012 Wind Energy Conversion Systems Page 1 8-28-12
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, the
Part III - C of the Anna City Code of Ordinances is hereby amended by adding Section 34.13
(Wind Energy Conversion Systems), as follows:
34.13 Wind Energy Conversion Systems
Wind Energy Conversion Systems. In order to balance the need for clean,
renewable energy resources with the protection of the health, safety and welfare of the
community, the purpose of this section is to regulate private use wind energy
conversion systems for the production of electricity for use on a Lot.
(a) Applicability and Definitions. Terms defined below shall be used for the
purposes of this Section 34.13.
(1) Wind Energy Conversion Systems. A Wind Energy Conversion System
consists of a wind -driven turbine (whether roof or tower mounted) and
associated control or conversion electronics for the purpose of providing
electrical power to a privately -owned Lot or parcel.
(2) Wind Turbine. The individual component of a Wind Energy Conversion
System that converts kinetic energy from the wind into electrical energy,
independent of the electrical conductors, electrical storage system, electrical
metering, or electrical inverters. This term shall include the Shroud and the
towers or supporting structures.
(3) Building Code(s). All codes, ordinances, regulations, policies and procedures,
and standards adopted and enforced by the City.
(4) Fire Code(s). All codes, ordinances, regulations, policies and procedures, and
standards adopted and enforced by City.
(5) FAA. The use of this acronym shall denote the Federal Aviation
Administration, or any other applicable authority that regulates air safety within
the City's iurisdiction.
(6) Shroud. A safety device that covers the blades of a Wind Turbine on all sides
in a manner that substantially reduces the potential that the blades would
cause injury or damage to any Persons, animals or items of property coming
into contact with the Wind Turbine.
(b) Standards. All Wind Energy Conversion Systems are subject to and must
comply with the following provisions:
ORD. 591-2012 Wind Energy Conversion Systems Page 2 8-28-12
(1) Setbacks. Minimum setbacks for Wind Turbines shall be:
i) A minimum of 1.1 times the total extended height of the Wind Turbine—as
measured from average ground level of the Lot to the uppermost part of the
wind turbine—from the project property lines.
ii) Guy wire anchors may not extend closer than 10 feet from any property line.
(2) Number per Lot or parcel. A maximum of two Wind Turbines per Lot or parcel
is permitted on Lots or parcels less than one-half acre in size: a maximum of
four Wind Turbines per acre are permitted on Lots or parcels at least one-half
acre in size.
i) Height. Subiect to the above -referenced setback requirements, the
maximum total extended height of tower -mounted Wind Energy Conversion
Systems—as measured from average ground level of the Lot to the
uppermost part of the wind turbine—is 35 feet on parcels less than 5 acres
in size and 70 feet on parcels 5 acres or greater. If roof mounted, the
Extended Height shall not exceed 10 feet above the roof ridge and in no case
be higher than 35 feet.
(3) Lighting. Wind system towers shall not be artificially lighted unless required, in
allowable under FAA regulations: the fixtures shall be shielded and directed to
the greatest extent possible to minimize glare and visibility from the ground:
and no strobe lighting shall be permitted, unless expressly required by the
FAA.
(4) Access. All tower -mounted Wind Energy Conversion Systems must comply
with the following provisions:
i) the tower shall be designed and installed so that there shall be no exterior
step bolts or a ladder on the tower readily accessible to the public for a
minimum height of 12 feet above the ground. For lattice or guyed towers,
sheets of metal or wood or other barrier shall be fastened to the bottom tower
section such that it cannot readily be climbed: and
ii) all ground -mounted electrical and control equipment shall be labeled or
secured to prevent unauthorized access.
(5) Rotor Safety. All Wind Turbines shall comply with the following Rotor Safety
requirements.
i) Each Wind Turbine shall be equipped with both manual and automatic
ORD. 591-2012 Wind Energy Conversion Systems Page 3 8-28-12
installation.
ii) The minimum distance between the ground and any protruding blades
iii) All blades of a Wind Turbine are required to be within a Shroud.
(6) Noise. All Wind Turbines shall comply with these noise requirements and
restrictions. These levels may not be exceeded at any time including short-
term events such as utility outages and severe wind storms. A manufacturer's
sound report shall be required with a building permit application.
i) No Wind Energy Conversion System or combination of Wind Energy
Conversion Systems on a single Lot or parcel shall create noise that exceeds
a maximum of 35 decibels (dBA) at any property line where the property on
which the Wind Energy Conversion System(s) is located or the abutting
Property is less than one acre: or, a maximum of 50 decibels (dBA) at any
other Property line. Measurement of sound levels shall not be adiusted for
or averaged with, non-operating periods.
Official, at the property owner's expense. Upon review and acceptance of
the third party noise level report, Building Official will allow operation of the
(7) Aesthetics and Maintenance.
i) Appearance. Wind turbines, unless subject to any applicable standards of
the FAA, shall be a non -obtrusive color such as tan, sand, gray, black or
result in notification by the Building Official that the affected Wind Turbine(s)
shall cease operation until a color correction has been made. If the affected
Wind Turbine(s) are not repainted using an approved color, within the period
established by the Building Official, the owner shall remove the affected Wind
Energy Conversion System(s).
ii) Electrical Wires. All electrical wires leading from the tower to electrical
ORD. 591-2012 Wind Energy Conversion Systems Page 4 8-28-12
iii) Maintenance. Wind turbines shall be maintained in good repair, as
recommended by the manufacturer's scheduled maintenance or industry
standards.
(8) Signs/Labels. The only advertising sign allowed on the Wind Turbine shall be a
manufacturer's label, not exceeding one square foot in size.
(9) Compliance with FAA Regulations. All Wind Turbines shall comply with
applicable FAA regulations, including any necessary approvals for
installations.
(10) Certified Safe. A Texas Professional Engineer sealed drawing or statement
shall accompany a building permit application confirming that the Wind Energy
Conversion System(s) has been designed and is planned to be constructed in
accordance with accepted industry standards and certified safe.
(c) Repair and Removal of Wind Turbines. Any Wind Turbine found to be unsafe
by the Building Official or Fire Department shall immediately cease operation
upon notification by the Building Official or Fire Department and shall be
repaired by the owner to meet federal, state, and local safety standards or be
removed within six months. Wind turbines that are not operated for a
continuous period of 12 months shall be removed by the owner of the Wind
Turbine.
(1) When a Wind Turbine is removed from a site, all associated and ancillary
equipment, batteries, devices, structures or support(s) for that system shall
also be removed. For the purposes of this section, non -operation shall be
deemed to include but shall not be limited to the blades of the Wind Turbine
remaining stationary so that wind resources are not being converted into
electric or mechanical energy, or the Wind Turbine is no longer connected to
the public utility electricity distribution system.
(d) Mounting of Wind Turbines. Attachment of the Wind Turbine, including any
support or structural components, to any building or structure shall be in strict
compliance with Building Codes and Fire Codes. Galvanized steel or metal is
the acceptable system for the support structures.
(e) Compliance with Regulations.
(1) All Wind Energy Conversion Systems shall comply with applicable Fire Codes
and Building Codes.
(2) All standards and regulations under this Section 34.13 and other applicable
fire and building codes are mandatory. Once Wind Turbines are permitted, the
owners have the option of compliance with the standards or discontinuation of
operations. If the operation of the Wind Turbines does not comply with the
ORD. 591-2012 Wind Energy Conversion Systems Page 6 8-28-12
provisions of this article, the operator shall promptly take all measures
necessary to comply with these regulations, including, but not limited to,
discontinued operation of one or more Wind Turbines.
*** Remainder of Page Left Blank Intentionally ***
ORD. 591-2012 Wind Energy Conversion Systems Page 6 8-28-12
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2.03 In accordance with Part Il, Article 1, Section 9 of the Anna City Code of Ordinances, the
following amendment is made to Appendix 3 of Part III — C of the Anna Code, by adding Ex 3.7.7
and 3.7.8 (descriptions/definitions of uses):
APPENDIX 3 — DESCRIPTION/DEFINITIONS OF USES
Ex 3.7.7 Wind Energy Conversion System - means a wind -driven turbine,
(whether roof or tower mounted), and associated control or conversion
electronics for the purpose of providing electrical power to a privately -owned
Lot or parcel. These systems are considered accessory uses in all zoning
districts.
independent of the electrical conductors, electrical storage system, electrical
metering, or electrical inverters. This term shall include the Shroud and the
towers or supporting structures.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation
is considered a separate offense and will be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. The City declares
that it would have passed this ordinance, and each section, subsection, clause, or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 28th day of August, 2012.
ORD. 591-2012 Wind Energy Conversion Systems Page 8 8-28-12
ATTESTED:
Cit Secretary, Natha Wilkison
APPROA
Z;4711j'' AVA
ORD. 591-2012 Wind Energy Conversion Systems Page 9 8-28-12