E~l~'i~'RCIVE "OUTDUOR HUSIPJESS ORIJE.R" f~raD SF_l- F'UF3f_1C 1-~Et~F1IIVC~ iJn thi.y the 1~_tYi ci~y~ of .3t_li'il?, 1~3t3.~, ~_~pon rnoti.on madE, t:,y l~4rnm1SS1Ui'rE?'r` 1-{olE~{-:~:tmF~, SE?C'gTli~(?Cj by Comrnis~innt~r O~hlFZr, ~L-F-~e So~_tr~t unaniaously approved by a vote of 4-0-~, apF±r-~ove rE~ceiF:,t o •F "O ~_~ t cJ c; o r~ F~ ~_~ ~- i. r~~ to ~ 5 0 r• d e r-• " ~ s s ~_t t, m i t t E? ~ ~a n d 5 c3 t ~i f ~' ~_r t-.,1 i c~ 1-fE:ariny i=or-~ l-,_te:~d:3y, .7,~1ti~ 1F3, 1`-3~`~ at 3e?.,~ Fpm in G'o~..~nty CsommissionE~r, Co~_trt Floom. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS RE UEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Robert A. Denson OFFICE: County Judge MEETING DATE: June 12, 1995 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Conside and discuss proposed "Outdoor Business Order" and set public hearing on same EXECUTIVE SESSION REQUESTED: (PLEASE STATT' - ASON) ESTIMATED LENGTH OF PRESS ~ ~ IF PERSONNEL MATTER - NAME t `~ ,~~ NAME OF PERSON ADDRESSING Tl ~ ~ ~,ounty Jude Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. RERR COUNTY OUTDOOR BUSINESS CODE WHEREAS, Chapter 238 has been added to the Local Government Code allowing the regulation of certain outdoor businesses; and, WHEREAS, the Commissioners Court of Kerr County, Texas, feels that it is in the best interest of the citizens of Kerr County to adopt an order in accordance with said Chapter 238; IT IS, THEREFORE, ORDERED that the Kerr County Outdoor Business Code is enacted and adopted as follows: Section I. DEFINITIONS As used in this order: 1. "Automotive wrecking and salvage yard" means a business that stores three or more wrecked vehicles outdoors for the purpose of dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. 2. "Demolition business" means a business that demolishes structures, including houses and other buildings, in order to salvage building materials and that stores those materials before disposing of them. 3. "Flea market" means an outdoor market for selling secondhand articles or antiques. 4. "Junkyard" means a business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them. 5. "Outdoor resale business" means a business that sells used merchandise, other than automobiles, logging equipment, or other agricultural equipment, and stores or displays the merchandise outdoors. 6. "Recycling business" means a business that is primarily engaged in: a. converting ferrous or non-ferrous metals or other materials into raw-material products having prepared grades and having an existing or potential economic value; b. using raw-material products of that kind in the production of new products; or c. obtaining or storing ferrous or non-ferrous metals or other materials for a purpose described in paragraph 6a or 6b. 7. "Person" means an individual, corporation, or association. 8. "Solid", as used in reference to a fence, wall, door, or gate, means constructed and maintained so that the outer surface is continuous and without interstices, gaps, spaces, or holes. For the purpose of this order, a properly constructed and maintained chain-link fence with strips or slats is a solid fence. 9. "Public road" means the entire width between property lines of a road, street, way, thoroughfare, bridge, public beach, or park in this state, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park is opened to the public for vehicular traffic, is used as a public recreational area, or is under the state's legislative jurisdiction through its police power. 10. "Wrecked vehicle" means a discarded, abandoned, junked, wrecked, or worn-out automotive vehicle, including an automobile, truck, tractor-trailer, or bus, that is not in a condition to be lawfully operated on a public road. Section 2. VISUAL AESTHETIC STANDARDS The following standards are established for visual aesthetics: Section 2.1 Screening Requirement: a. A person who operates an outdoor business shall screen it by natural objects, plantings, fences, or other appropriate means so that the screen is at least eight feet in height alongside that portion of the outdoor business that faces a public road or family residence so that it is not visible from said public road or family residence. b. Any side of the business that extends generally parallel to and within 100 feet of any public road right-of- way shall be bounded by a solid fence or wall at least eight feet in height. Section 2.1.1 Construction, maintenance of fence or wall: a. A fence or wall required by this order shall be constructed and maintained as follows: 1. All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link, or any combination, but any one side of an outdoor business may be bounded by a fence or wall constructed of only one of those materials. 2. Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. 3. All fences or walls shall extend downward to within three inches of the ground and shall test plumb and square at all times. The fence must be painted a natural earthtone color and may not have nay signs appearing on its surface, other than signage indicating the business name, which sign shall not exceed 4' x 8' in size. b. Any part of a fence or wall required by this order may consist in whole or part of a solid wall and door, or walls and doors of any completely enclosed buildings or premises, if the wall or door meets all construction requirements set forth in this order. c. Openings as defined in paragraph (b), or other openings in fences or walls that are necessary to permit reasonable access to an outdoor business shall be equipped with a solid gate constructed and maintained in accordance with the requirements fora a fence or wall set forth in this order. The gates shall be closed and securely locked at all times except during normal daytime business hours. Section 2.2 Location a. An outdoor business established after the effective date of this order may not be established within 300 feet of an existing church, school or residence, measured from the wall of the structure that is closest to the outdoor business to the fence or wall of the yard required under Section 2.1 unless both the residence and the outdoor business are owned by the same person. b. Outdoor business screening other than a junkyard or automotive wrecking and salvage yard used exclusively for farm equipment, may not be located within 50 feet of the right-of- way of a public or state highway or residence. Section 2.3 Materials and Use of Premises a. Materials associated with an outdoor business may not be allowed to accumulate or be stacked to a height above eight feet from ground level. b. All materials from or associated with an outdoor business shall not be displayed, stored, or worked upon outside or above the screening requirements of this Order. This Order does Section 3. EXCEPTIONS not apply to the a. farm machinery owned o whose property that machinery i property for purposes other than following: • operated by the person on located and kept on that sale; b. An outdoor business subject to a screening requirement under Tex. Rev. Civ. Stat. Ann. art. 2372dd (County population 2 million or more), art. 2372dd-1 (County population less than 2 million), or art.4477-9a (junkyard or automobile graveyard near a highway or interstate) that was in compliance with that screening requirement on August 26, 1991, is exempt from a screening requirement adopted under this order; c. Operable construction equipment, provided, however, that businesses selling such equipment may not display merchandise other than operable construction equipment in a manner that would otherwise violate this Order. Section 4. CIVIL PENALTY a. The County Attorney or any appropriate attorney representing the county in civil cases may file a civil action to recover a civil penalty from an outdoor business that violates a visual aesthetic standard established under this order. The penalty may not exceed $50.00 each day fro the first ten days of violation, $100.00 each day for the next ten days, $250.00 for the next ten days, and $1,000.00 for each day thereafter. In determining the amount of the penalty, the court shall consider the seriousness of the violation. b. A penalty recovered under this section shall be deposited in the general fund of the county. Section 5. AUTHORITY TO REGULATE a. This Order applies to outdoor businesses both existing and future in the unincorporated area of Kerr County, Texas. b. A time period of 6 months from the adoption date of this order is provided to an existing outdoor business to comply with the visual aesthetic standards. c. The effective date and adoption date are the same. / / `/ { t `l. ~I il~ t ~Lr ~ k ~~LTDOOR Bt'SItiESS ORDER t;HERE~S, Chapter 238 has been added to the j.ocal C~o~~ernment Code allo~.ing the regulation of certain outdoor businesses', at~cl t;HERE~,S, the Commissioners Court of here Count-. Te::as feels that it is in the best interest of the citizens of Kerr ~uuttr~- to adopt an order in accordance with said Chapter 238; IT IS THEREFORE ORDERED that the Kerr CUt111tti- ~JUtdOUl' Business Code is enacted and adouted as follows: Section 1. Defit,it.ioti ~,s used in this order: 1) ":~utomotit-e wrecking acid salvage ~-ard" means a business that Mores three or more wreclted vehicles outdoors for t.lte purpose of dismantling or otherwise wrecking t.lie ~-eliicits tc, remove t_~art.s for sale or for use in art atttomoti~ e repair ur reLuiidin~_ business. 2) "Demolition business" meads a bitsitiess that demolishes 5truotures, includitt; Houses and other buildings, Lt, ordet• to salvage building materials at~d t.liat stores those materials before d1SpOSitlg of them. 3} "Flea market" means ati'outdoor market for sriliit se:•ondliand articles or antiques. -I) "Juni.~-ard" meads a business that stores, L-it~-s, of sells materials that have been discarded or sold at a nomit,al urice L~- a pret-ious owner and that keeps all or• part of t'tte materials oitt.doors until disposing of them. ~,) ''Outdoor resale );il1SllleSS" meads a bttsiriess tlta~ sells used merchandise, other than automobiles, logging equipment, oi' other agricultural equipment, artd stores or ~~ispia~-s the merchandise outdoors. 6) "Rec~-cling business" means a business that iS pr•imarilp engaged in: ia1 converting ferrous or non ferrous metals or other materials into raw material F>roduc•ts having prepared grades and having an etistin~ or potetitiztl economic value; (b) using raw material products of that l~iiicl its the production of new products; or (c) obtaining or storing ferrous or tiotiferrous metals or other materials foie a purpose described b~- para~raph (a) or (b). 7) "Person" means an individual, corporation, or association. o) "Solid" as used in reference to a fence, wall, door, or date, means constructed attd maintained so that tl~e c,ut.er surface is continuous and without interstices, gaps, spaces, or holes. For the purpose of thQSOrder, a properly- constructed and m~tintainecl chain little fence t:itli strips or is a solid fence . ~~ q~4~"'S 9) "Fublic road" means the entire width between pro~~erti- lines of a road, street, wad-, thoroughfare, Lrid~e, public beach, or park in this state, not privately- owned cr~ controlled, if and- part of the road, street, watt, thoroughfare, ^ ,~ Lam; y u ~ ~ ~ U~ ~ ~ ~ ~ , bx•ici~e, public bead,, or park is opened to tl,e uublic for ~-ehicular traffic, is used as a public recreational area, or is under tl,e state's legislative jurisdiction tlix-ougll its pulice poker. , 10) "~recked vehicle' meads a discarded, abandoned, juni~ed, wrecked, or worn-out automotive vehicle, including an au~omobile, truck, tractor-trailer, or• bus, that is r,ot in a condition to be lawfulr~ operated on a public road. Section 2. L'isual Aesthetic Standards The following standards are established for ~-isual aesthetics: Section 2.1 Screening Requirement: (a) ~ person who operates an outdoor business shall screen it b~- natural objects, plantings, fences, or other appropriate means so that the screeli is at least eight feet iIi height alongside that portion ~f the outdoor business that faces a public road or ~~== famir- residence so that it is nut visible~vw~ ~p~„,~.G.u.:..4 (b) Any side of the business that e~terids generals- pax•allel to and within lUU feet of any public road right-of-way shall Le boulided bti- a solid fence or wall at least eight feet in height. S~ctior, 2.1.1 Construction, ~laintenarice of fence or wall {a) A fence or wall required by this order shall be constructed and maintaixed as follo~cs: 1. All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link, or any combination, but any one side of an outdoor business may be bounded by a fence or wall constructed of only one of those materials. 2 . Chaili l ilik fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through F~11 links of the chain lil,k fence. 3. x111 fences or walls shall extend dOwri ward to within three inches of the ground and shall test plumb and square at all time. The fence must be painted a natural earthtone color and may not liat-e any signs appear on its surface other than signage indicating the business name. {b) Any part of a fence or wall required b~- this order may consist in whole or in part of a solid wall and door, or walls and doors of any complete r- enclosed building on the premises, if that wall or door meets all construction requirements set forth in this order. (c•) Openings in par. b or• fence or wall or screening that are necessary to permit reasonable access to an outdoor business shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements fo"r a fence or wall set. forth ir, this ordex•. Tlie gates shall be c•losecl al,d secures- locl.ed at all times except during normal daytime business hours. `~ . t Sect;oi, ..2 Lo~~at.iol, (z,) .~n outdoor business established after the effective date o° This order (~~' not be establis},ed within 300 feet of an etisting church, school, or residence, measured from the wall of the structure that is closest to the outdoor business to tl,e fence or wai of the ~-and required under Section 2.1 a?il"ess boti, the residence and the outdoor business are owlled b~ tl~e same person. { b } Outdoor bllSlIieSS screening other that a ~ut,kz"arci or automotive wrecking and salvage yard used etciusively for farm equipment, may r,ot be located within ~0 feet of the x•ight-of-way of a public or state hi~hwat~ or a residence. section 2.3 raterials and use of premise (a) Materials associated with aI, outdoor business ma~- not be allowed to accumulate or be stacked to a liei~lit above eight feet from ground level. fb) X11 materials from or associated witl; an outdoor uusiness shall not be displayed, stored or• worked upon outside or above the screening requirements of this order. Section 3. Ehceptions ia) Herr County matt not regulate under this order farm machinery owned or operated by the person on whose property the machinery is located and kept on that property for purposes other than sale. (bl ~1n outdoor business subject to a screening re- quirement :article 23i2dd, ~•ernon's Teas Civil Statues (Cotlnts- population 2 million or morel article 23i2dd- 1, V.T.G. S. (Count- population less than 2 million,,) article -1-1i i 9a,~`.T.C.S. (a (junkyard or automobile gx~aveyax•d near an interstate or primary system highway), that was in compliance with that screening requirement on august 26, 1991, is e~;empt from a screening requirement adopted tinder t.liis order. Section ~1. Civil penalty (a) The county attorney or any appropriate attorney representing the county in cic-il cases may file a civil action to recover a civil penalty from a out- door business that. ~-iolates a visual aesthetic standard established under this order. Tlie penalty may not emceed X00 each day for tl;e first 10 days of violation, 5100 each day for t?ie newt 10 days, 5200 each dad- fox• the ne~:t. i0 dad-s, and X1,000 for each day thereafter. Ir, detFrmining tl,e amount of t.lie penalty", the oourt. shall consider the seriousness of the violatiol;. { b) .1 perir,.lt.~- reco~-ered under this section shall be deposited in the general fund of the counts". ~' Section authority to regulate _. ~i :.. !a) This order applies to outdoor businesses both etisting and future in the unincorporated area of Kerr County , Tes.as . ! b l ~, time period of ~ ;k months from tl,e adoption of this order is prodded to an outdoor business operating on the effective date of tl-~is order to comply with the visual aesthetic standards. !c) The effective date and adoption date are the same. .~ ~1`. D G3 G^~ ff ~ -~BVLISH ELI STING JL"tili-l-aRD ORDER PRGS i) :~~oid overlap of regulations. _) Remove permitting and licensing paper work. 3) allow outdoor business order to establisl~~ aesthetic and screening requirements which mad- be better. -1) Enforcement handled through Justice of the Peace quicker than civil action. CONS ~„7 1) Lost reti-entte from permit fee. "' 2: Less control over the location. 3) `:o public liearilig to inform the public of the proposed junk-~-ard and its location. -~ ; El~force-nent requires loliger legal time for c ivit action 7 tlircugli attorney-s for outdoor business order. J + ~~O pi'Oi'1SlOn foi' COIn~11dIiCE of t?S1Stlri~ Jlllik-t-al^d. "t ~~ ~~~ Yatr'~'a ~~e 1~ ~ ~_ ,~ r ~~ ~~~ , ~ti~ ;~ C ~~ ~" /' `~ ~ ~- ~- ~, ~,u- ~.~~ ~ t ~~~~G, ~~ ~~ ~~ i~~f /~ ' ~j r 1~~" ~/ ~[y t~ .~ ` ~ .;: ~~ '.~~~5 ~P~ T ~~ cs ° ~` ~ . ~~ i ~ C ~Q.`., ~~ . PUBLIC NOTICE OF ADOPTING PROPOSED OUTDOOR BUSINESS,CBH~ OF KERR COUNTY, TEXAS The Commissioners' Court of Kerr County, Texas proposes to adopt the "Outdoor Business Order" according to Chapter 238 of the Local Government Code. An official copy of the proposed rules are on file with the County Clerk's Office. Written comments concerning the proposed rules may be submitted to Robert A. Denson, County Judge, 700 E. Main Street Kerrville, Texas, 78028 until 3:30 P.M., Tuesday, July 18, 1995. A public hearing will be held at 3:30 P.M, on Tuesday, July 18, 1995 to consider any changes and/or adoption of the new rules. All interested persons are encouraged to participate in the comment and/or public hearing process.