Editor’s note–Former section 1, pertaining to landscaping requirements and deriving from Ordinance O-03-09, adopted 4/20/09, was repealed and deleted in it’s entirety by Ordinance O-08-13 adopted 5/7/13. These provisions can now be found in article 15.02 of the city’s Code of Ordinances.
Editor’s note–Former section 2, pertaining to the approved plant list and deriving from Ordinance O-03-09, adopted 4/20/09, was repealed and deleted in it’s entirety by Ordinance O-08-13 adopted 5/7/13. These provisions can now be found in article 15.02 of the city’s Code of Ordinances.
All utility service lines shall be constructed underground.
XVII.4.1
Accessory
Buildings in Residential Districts
A.
In a residential
or multifamily district, an accessory building is a subordinate or
incidental building, attached to or detached from the main building
without kitchen facilities but may include a separate bath, not used
for commercial purposes and not rented or used as a dwelling unit.
Accessory buildings shall be located toward the rear portion of the
property, generally behind the main building(s), and accessory buildings
that exceed two hundred fifty (250) square feet in floor area shall
be “site built” (i.e., cannot be a pre-manufactured or “kit”
building), and shall conform with applicable exterior construction
requirements for accessory buildings (see Section XII.1.3 [15.04.003])
and shall be designed and constructed so that they are in keeping
with the general architecture of the adjoining residential development.
Accessory buildings of any size shall conform to applicable setbacks
for the appropriate zoning district and shall conform to all applicable
City building codes.
B.
Accessory
buildings shall not be permitted without a main building or primary
use being in existence. In the event the main or primary building
becomes dilapidated, substandard or destroyed, or removed, and not
replaced within six (6) months of the destruction or removal, the
Accessory Building must be removed, unless additional time for the
construction of the main structure is granted by the Board of Adjustment
after application, hearing and evidence of the financial ability and
work plan for the construction of such main building.
XVII.4.2
Accessory
Buildings in Nonresidential Districts
A.
In any nonresidential
district, an accessory building or incidental accessory use is a subordinate
building or use, the use of which is incidental to and used only within
or in conjunction with the main building. The accessory shall not
have kitchen or bath facilities. Accessory buildings shall not be
permitted without a main building or primary use being in existence.
Accessory buildings shall be located toward the rear portion of the
property, generally behind the main building(s), and accessory buildings
that exceed two hundred fifty (250) square feet in floor area shall
be “site built” (i.e., cannot be a pre-manufactured or “kit”
building), and shall conform with applicable exterior construction
requirements for accessory buildings (see Section XII.1.3 [15.04.003])
and be designed and constructed so that they are in keeping with the
general architecture of the adjoining residential development.
B.
Accessory
buildings of any size shall conform to the same setbacks as the main
building (see Section XV.1.6), and shall conform to all applicable
City building codes.
C.
Accessory
buildings shall not be permitted without a main building or primary
use being in existence. In the event the main or primary building
becomes dilapidated, substandard or destroyed, or removed, and not
replaced within six (6) months of the destruction or removal, the
Accessory Building must be removed, unless additional time for the
construction of the main structure is granted by the Board of Adjustment
after application, hearing and evidence of the financial ability and
work plan for the construction of such main building.
XVII.4.3
Accessory
Dwelling Units.
Accessory dwelling units shall only be
allowed in Agricultural “A”, Single-Family Estate “SF-E”
and Single-Family - One “SF-1” Districts and shall require
a Specific Use Permit. Accessory dwelling units are for guests on
a temporary and intermittent residential use only and may be on the
same lot as the main dwelling unit provided it meets the following
standards:
A.
Accessory
dwelling buildings must be designed and constructed so that they are
in keeping with the general architecture of the adjoining residential
development.
B.
As a separate
dwelling unit, the accessory dwelling building shall only be occupied
by a blood relative or guest of those in the main resident [residence]
and an independent water meter shall be required.
C.
Accessory
building shall be constructed of similar and complementary material
and color to main structure.
D.
The accessory
dwelling unit must be constructed to the rear of the main dwelling.
Accessory dwelling units shall be allowed in the residential districts
of “A”, “SF-E” or “SF-1” only
and shall comply with all required setbacks and total lot coverage.
E.
An accessory
dwelling unit shall not exceed six hundred fifty square feet (650
sq. ft.).
F.
The accessory
dwelling unit may be constructed only with the submission and approval
of a Specific Use Permit and Site Plan. Failure to comply with the
requirements of the SUP shall render it null and void and the City
may take all necessary action to render the accessory dwelling unit
uninhabitable by removal of kitchen and plumbing facilities.
G.
The accessory
dwelling unit may not be sold separately from sale of the entire property,
including the main dwelling unit, and shall not be rented or leased.
XVII.4.4
Special
Regulations for Accessory Buildings and Dwelling Units
A.
All detached
accessory buildings shall in no instance be less than sixty feet (60')
feet from the front building line or in front of the main building.
B.
All side and
rear yard setbacks shall be in accordance with the requirements for
that zoning district.
C.
Garages or
carports, with required minimum exterior construction, located and
arranged so as to be entered from an interior side yard shall have
a minimum of twenty-five feet (25') from the side lot line. Carports
or garages arranged to be entered from the side yard, facing a public
street, or from a rear or side alley shall have a minimum distance
equal to the required yard for the main building or twenty-five feet
(25'), whichever is greater.
D.
Carports,
with required minimum exterior construction, shall be measured from
the columns supporting the roof nearest to the street or alley.
E.
Accessory
buildings shall not exceed the height allowed in the specific zoning
district, except taller accessory buildings may be allowed in nonresidential
districts by Specific Use Permit (SUP) only.
Editor’s note–Former section 5, pertaining to walls, buffer-yards and screening requirements and deriving from Ordinance O-03-09, adopted 4/20/09, was repealed and deleted in it’s entirety by Ordinance O-08-13 adopted 5/7/13. These provisions can now be found in article 15.02 of the city’s Code of Ordinances.
A.
An alternate
body of water shall be defined as any at- or below-grade pond, lake
or open tank that is not constructed as a swimming pool (i.e., concrete-
or gunite-lined pool, or a prefabricated masonry, plastic or plexiglass
pool) and that contains water in any portion of it at a depth of one
and one-half feet (1.5'), or a greater depth, at any given time.
B.
No alternate
body of water shall be constructed, maintained or operated in any
zoning district except Agricultural (A) without issuance of a Specific
Use Permit (SUP) or without specific incorporation into the ordinance
and development standards of an approved Planned Development (PD)
district.
C.
Construction
of any approved alternate body of water shall require issuance of
a grading permit from the City prior to any construction activity
on the site, and shall be designed such that it facilitates, and will
not hinder, stormwater drainage in the area.
D.
Any approved
alternate body of water (i.e., by SUP or in a PD district) shall be
shown on the Plat (and on the Site Plan, if such is required for the
development), and language shall be shown on the Plat and Site Plan
(if applicable) that describes ownership and maintenance responsibility
for such body of water.
E.
Any approved
alternate body of water (i.e., by SUP or in a PD district) shall comply
with all City, County, State and Federal laws pertaining to safety,
and shall have the following safety features:
1.
Shall be
lighted at night for pedestrian and user safety (not required in the
Agricultural district) unless it is secured by fencing;
2.
Shall include
an adequate water circulation device (e.g., pump, fountain, aerator,
etc.) that will minimize stagnation and the growth of algae and other
undesirable aquatic growths; and
3.
Shall be
posted with visible signage that prohibits swimming and wading, and
that warns users of potential dangers (i.e., no lifeguard on duty,
the presence of aquatic wildlife, etc.).
XVII.7.1
All
Uses Must Conform.
In all zoning districts, any use indicated
in the permitted use list shall conform in operation, location, and
construction to the performance standards as administered by County,
State and Federal agencies. All uses, including those which may be
allowed by PD or SUP, shall conform in operation, location, and construction
to appropriate performance standards for noise, smoke, and particulate
matter, odorous matter, fire, or explosive hazard material, toxic
and noxious matter, vibration, and glare.
XVII.7.2
Must
Comply With Federal and State Regulations.
All Federal
and State pollution, noise, and requirements for toxic waste disposal
shall be observed.
XVII.7.3
Noise.
At no point at the bounding property line of any use shall the
sound pressure level of any operation or land use exceed the decibel
limits specified in the Octave Band groups designated in the following
table:
A.
Maximum Permissible
Daytime* Octave Band:
|
Decibel Limits at the Bounding Property Line**
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Octave Band (cps)
|
37
75
|
75
150
|
150
300
|
300
600
|
600
1200
|
1200
2400
|
2400
4800
|
4800
9600
|
A
Scale
|
|
Decibel Band Limit (db re 0.0002 Microbar)
|
86
|
76
|
70
|
65
|
63
|
58
|
55
|
53
|
65
|
|
Note - “A scale” levels are provided for monitoring
purposes only and are not applicable to detailed sound analysis.
| |
|
*
|
“Daytime” shall refer to the hours between sunrise
and sunset on any given day.
|
|
**
|
“Bounding Property Line” shall be interpreted as
being at the near side of any street, alley, stream, or other permanently
dedicated open space from the noise source when such open space exists
between the property line of the noise source and adjacent property.
When no such open space exists, the common line between two parcels
of property shall be interpreted as the bounding property line.
|
B.
The following
corrections shall be made to the table of octave band-decibel limits
above in determining compliance with the noise level standards:
C.
Measurement
of noise shall be made with a sound level meter on octave band analyzer
meeting the standards prescribed by the American Standards Association.
D.
Exemptions
- The following uses and activities shall be exempt from the noise
level regulations herein specified.
1.
Noises not
directly under control of the property owner or user.
2.
Noises emanating
from construction and maintenance activities between the hours of
7:00 a.m. and 7:00 p.m. (i.e., daylight hours).
3.
Noises of
safety signals, warning devices and emergency pressure relief valves.
4.
Transient
noise of moving sources such as automobiles (i.e., not to include
idling automobiles), trucks, and airplanes.
5.
Events sanctioned
by the City of Glenn Heights.
XVII.7.4
Smoke
and Particulate Matter.
No operation or use shall cause,
create, or allow the emission for more than three minutes in any one
hour of air contaminants that at the emission point or within the
bounds of the property are:
A.
Of such opacity
as to obscure an observer’s view to a degree equal to or greater
than does smoke or contaminants in the standard prescribed by the
ASTM except for when the presence of uncombined water is the only
reason for failure to comply, or when such contaminants are emitted
inside a building which prevents their escape into the atmosphere.
B.
The emission
of particulate matter from all sources shall not exceed 0.5 pounds
per acre of property within the operation’s site per any one
hour.
C.
Open storage
and open processing operations, including on-site transportation movements
which are the source of wind- or air-borne dust or other particulate
matter; or which involves dust or other particulate air contaminants,
generating equipment such as used in paint spraying, grain handling,
sand or gravel processing or storage or sand blasting, shall be so
conducted that dust and other particulate matter so generated are
not transported across the boundary line of the tract on which the
use is located in concentrations exceeding four grains per 1000 cubic
feet of air.
XVII.7.5
Odorous
Matter
A.
No use shall
be located or operated which involves the emission of odorous matter
from a source of operation where the odorous matter exceeds the odor
threshold at the bounding property line or any point beyond the tract
on which such use or operation is located.
B.
The odor threshold
as herein set forth shall be determined by observation by the City
Manager or his or her designee. In any case, where uncertainty may
arise or where the operator or owner of an odor-emitting use may disagree
with the enforcing officer or where specific measurement of odor concentration
is required, the method and procedures specified by the American Society
for Testing Materials (ASTMD) shall be followed.
XVII.7.6
Fire
or Explosive Hazard Material
A.
No use involving
the manufacture or storage of compounds or products which decompose
by detonation shall be permitted except that chlorates, nitrates,
perchlorates, phosphorus, and similar substances and compounds in
small quantities for use by industry, school laboratories, druggists
or wholesalers may be permitted when approved by the Fire Chief of
the City of Glenn Heights.
B.
The storage
and use of all flammable liquids and materials such as pyroxylin plastics,
nitrocellulose film, solvents, and petroleum products shall be permitted
only when such storage or use conforms to the standards and regulations
of the City of Glenn Heights’ adopted Fire Code or are approved
by the Fire Chief.
C.
Commercial
fireworks displays shall be allowed in accordance with the City’s
ordinances as adopted and as may be amended.
XVII.7.7
Toxic
and Noxious Matter.
No operation or use shall emit a
concentration across the bounding property line of the tract on which
such operation or use is located of toxic or noxious matter which
will exceed 10 percent (10%) of the concentration (exposure) considered
as the threshold limit for an industrial worker as such standards
are set forth by the Texas State Department of Health in “Threshold
Limit Values Occupational Health Regulation No. 3,” a copy of
which is hereby incorporated by reference.
XVII.7.8
Vibration.
No operation or use shall at any time create earth-borne vibrations
which when measured at the bounding property line of the source operation
exceed the limits of displacement set forth in the following table
in the frequency ranges specified:
|
Frequency Cycles Per Second
|
Displacement in Inches
|
|---|---|
|
0 to 10
|
0.0010
|
|
10 to 20
|
0.0008
|
|
20 to 30
|
0.0005
|
|
30 to 40
|
0.0004
|
|
40 and over
|
0.0003
|
Editor’s note–Former section 8, pertaining to lighting and glare standards and deriving from Ordinance O-03-09, adopted 4/20/09, was removed in it’s entirety by Ordinance O-19-11 adopted 12/5/11. These provisions can now be found in article 15.03 of the city’s Code of Ordinances.
XVII.9.1
Visual
clearance shall be provided in all zoning districts so that no fence,
wall, architectural screen, earth mounding or landscaping, or other
feature obstructs the vision of a motor vehicle driver approaching
any street, alley, or driveway intersection. Whenever an intersection
of a street(s), alley, and/or driveway occurs, a triangular visibility
area shall be created. Landscaping, fences, signs, walls, earthen
berms and other features within the triangular visibility area shall
be designed so as to provide unobstructed cross-visibility at a level
between thirty inches (30") and eight feet (8') above the ground.
The triangular areas are defined as follows:
A.
Street intersection
or intersection of private driveway onto a public street - These areas
shall have a triangular visibility area with two (2) sides of each
triangle being a minimum of twenty-five feet (25') in length along
the right-of-way (or along the driveway curb line and the street right-of-way
line) from the point of the intersection, and the third side being
a line connecting the ends of the other two (2) sides.
B.
Alley intersects
a public street right-of-way - The areas on both sides of the intersection
of an alley and a public street shall have a triangular visibility
area with two (2) sides of each triangle being a minimum of ten feet
(10') in length from the point of intersection, and the third side
being a line connecting the ends of the other two (2) sides.
C.
Fences, walls,
and hedges three feet (3') in height or less may be located in the
visual clearance areas of all districts provided that they are kept
maintained at a maximum height of three feet (3').
D.
A limited
number of single-trunked trees having no branching below the height
of eight feet (8') may be located within sight visibility areas provided
that they are trimmed in such a manner that no limbs or foliage extend
into the cross-visibility area defined above, and provided that they
are spaced and positioned such that their trunks will not produce
a visibility inhibiting, “picket-fence” effect when they
attain mature size.
XVII.9.2
Nonresidential
Structures in Residential Districts
- Nonresidential
structures (e.g., churches, schools, day care centers, etc.) which
are permitted in residential zoning districts (A, SF-E, SF-1, SF-2,
SF-3, SF-PH, PD) shall be designed and constructed such that they
conform to the development standards set forth in the Neighborhood
Service (NS) zoning district (i.e., with respect to maximum height,
minimum lot size, minimum front/side/rear setbacks, screening, exterior
building construction, etc.) unless otherwise stated in this Ordinance
or in the ordinance establishing a PD.
XVII.10.1
Any
use or business which sells alcoholic beverages shall be no closer
than 300 feet to church or public hospital, or to a day care or child
care facility, as defined in Tex. Human Res. Code sec. 42.002 or successor
statute, measured along property lines along public streets from front
door to front door and in a direct line across intersections.
XVII.10.2
To
the extent allowed by applicable law, as it exists and as it may be
amended, any use or business which sells alcoholic beverages shall
be no closer than 1,000 feet to a public school or private school
as measured in a direct line from property line of the school to property
line of the use or business, and in a direct line across intersections,
if the board of trustees of the school district or the governing body
of a private school requests such separation in writing. Otherwise,
the distance shall be as provided in section X.11.1 [XVII.10.1].
XVII.10.3
The
distance standards in section X.11.1 [XVII.10.1] do not apply to a
day care or child care facility if the use or business selling alcoholic
beverages and day care or child care facility are on different stories
of a multi-story building, or are located in separate buildings and
the use or business or the day care or child care facility is located
on the second story or higher of a multi-story building.
XVII.10.4
The
sale of beer and wine is expressly prohibited in residential areas.
XVII.10.5
If
the establishment derives seventy-five percent (75%) or more of its
gross revenue from the on-premise sale of alcoholic beverages, the
applicant must obtain a SUP for such use in accordance with the procedure
set forth for SUPs in zoning districts that permit the use with an
SUP.
(Ordinance O-03-09 adopted 4/20/09)
XVII.11.1
A
structure containing a credit access business shall be located at
least 1,000 feet from another structure containing another credit
access business, as measured in a straight line between the nearest
points of one structure to the other structure.
XVII.11.2
A
lot containing a credit access business shall be located at least
1,000 feet from any lot zoned or used for residential purposes, churches,
schools and pawn shops, as measured in a straight line between the
nearest points of one lot to the residential lot.
XVII.11.3
A
lot containing a credit access business shall not be located on property
fronting a street classified as a Major Arterial or greater.
XVII.11.4
A
credit access business shall be situated only within a freestanding
structure and shall not be collocated in the same structure as other
uses.
(Ordinance O-13-15, sec. 3, adopted 11/16/15)
XVII.12.1
A
structure containing a pawnshop shall be located at least 1,000 feet
from another structure containing another pawnshop or credit access
business, as measured in a straight line between the nearest points
of one structure to the other structure.
XVII.12.2
A
lot containing a pawnshop shall be located at least 1,000 feet from
any lot zoned or used for residential purposes, churches and schools,
as measured in a straight line between the nearest points of one lot
to the residential lot.
XVII.12.3
A
lot containing a pawnshop shall not be located on property fronting
a street classified as a Major Arterial or greater.
XVII.12.4
A
pawnshop shall be situated only within a freestanding structure and
shall not be co-located in the same structure as other uses.
(Ordinance O-14-15, sec. 2, adopted 10/20/15)
XVII.13.1
A
structure containing a vapor shops shall be located at least 1,000
feet from another structure containing another credit access business,
as measured in a straight line between the nearest points of one structure
to the other structure.
XVII.13.2
A
lot containing a vapor shops shall be located at least 1,000 feet
from any lot zoned or used for residential purposes, churches and
schools, as measured in a straight line between the nearest points
of one lot to the residential lot.
XVII.13.3
A
lot containing a vapor shops shall not be located on property fronting
a street classified as a Major Arterial or greater.
XVII.13.4
A
credit access business shall be situated only within a freestanding
structure and shall not be collocated in the same structure as other
uses.
(Ordinance O-15-15, sec. 4, adopted 12/1/15)
