CHAPTER 4 ZONING DISTRICTS

In order to classify and segregate the uses of land and buildings, the following districts are hereby established:

AG	Agricultural (Minimum 10-Acre Lot)
RE-5	Residential Estates 5 (Minimum 5-Acre Lot)
RE-2	Residential Estates 2 (Minimum 2-Acre Lot)
R-1	Single-Family Residential 1 (Minimum 1-Acre Lot)
MH	Manufactured Home
RLI	Rural Light Industrial
RB	Rural Business
VC	Village Center
GC	General Commercial (PD Only District)
PD	Planned Development
P/SP	Public/Semi-Public
CUP	Conditional Use Permit

For purposes of determining consistency between the zoning ordinance and the Comprehensive Plan, zoning districts must correspond with one of the land use categories on the Land Use Plan of the Comprehensive Plan as set forth in Chart 4.1, which is incorporated by reference herein.

Chart 4.1 Correlation of Zoning Districts and Comprehensive Plan Categories
PLAN CATEGORY	ZONING DISTRICT
RE-5 - 5-Acre Lots	AG - Agricultural - 10-Acre Lots
	RE-5 - 5-Acre Lots
	Planned Development - Residential
	CUP - Conditional Use Permit
RE-2 - 2-Acre Lots	AG - Agricultural - 10-Acre Lots
	RE-5 - 5-Acre Lots
	RE-2 - 2-Acre Lots
	Planned Development - Residential
	CUP - Conditional Use Permit
Semi-Rural - 1-Acre Lots	AG - Agricultural - 10-Acre Lots
	RE-5 - 5-Acre Lots
	RE-2 - 2-Acre Lots
	Semi-Rural - 1-Acre Lots
	Planned Development - Residential
	CUP - Conditional Use Permit
Manufactured Home	AG - Agricultural - 10-Acre Lots
	RE-5 - 5-Acre Lots
	RE-2 - 2-Acre Lots
	Semi-Rural - 1-Acre Lots
	Manufactured Home
	Planned Development - Residential
	CUP - Conditional Use Permit
Retail	AG - Agricultural - 10-Acre Lots
	RB - Rural Business
	GC - General Commercial (As Specified by Section [Chapter 13] of this Ordinance)
	Planned Development - Nonresidential
	CUP - Conditional Use Permit
Village Center	VC - Village Center
	Planned Development - Nonresidential
	CUP - Conditional Use Permit

(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 3, adopted 3/15/11; Ordinance 564-14, sec. 3, adopted 7/15/14)

§ 4.2 ZONING MAP.

Boundaries of all zoning districts shall be shown on the Zoning Map of Bartonville, Texas. The Zoning Map, together with all legends, symbols, notations, references, district boundaries, and other formulation thereon, is incorporated by reference into this section as if fully set forth thereon.

The Zoning Map and a record of all amendments thereto shall be kept on file with the Town Secretary and shall constitute the original record. A copy of the currently effective Zoning Map shall also be kept by the Town Secretary. Changes in the boundaries of any district shall be reflected on the Zoning Map.

The Zoning Map may be prepared in sections as required to adequately portray the boundaries of districts. The Zoning Map may include supplemental zoning maps as required to portray street classifications, boundaries of areas subject to specific limitations or exceptions, or such other information as may be required by this Ordinance.

The existing zoning map shall remain in effect until amended.

(Ordinance 361-05 adopted 3/22/05)

§ 4.3 DISTRICT BOUNDARIES.

Wherever a lot or site is divided by a district boundary, the regulations applicable within each district shall apply to each portion of the site situated in a separate district.

The following rules shall apply in the determination of the boundaries of any district shown on the Zoning Map:

Where boundaries are indicated as approximately following streets or other identifiable property or boundary line, such lines shall be construed to be the district boundary. Where such boundaries are indicated as within street lines or within identifiable rights-of-way or creeks, the centerline thereof shall be construed to be the district boundary.

Where a district boundary divides an unsubdivided parcel, the location of the district boundary shall be determined by the use of the scale appearing on the Zoning Map unless indicated by dimensions.

In case of a district boundary line dividing a platted lot into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district.

Map codes or symbols indicating the classification of property on the Zoning Map in each instance apply to the whole of the area within the district boundaries.

Where a public street or right-of-way is officially vacated or abandoned, the regulations applicable to the abutting property apply to the centerline of the vacated or abandoned street or right-of-way.

Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated upon the Zoning Map, said location or meaning shall be determined by the Board of Adjustment.

Where applicable regulations refer to the “classification” of property, the term “classification” means the zone or district applicable to the property.

(Ordinance 361-05 adopted 3/22/05)

§ 4.4 USES NOT PROVIDED FOR IN ZONING DISTRICT REGULATIONS.

If a proposed land use is not expressly listed as a conditional or permitted use in the zoning district regulations, the procedure set, the procedure set forth [sic] in Section 4.11 shall be used.

(Ordinance 361-05 adopted 3/22/05)

§ 4.5 PROHIBITIVE CONVERSIONS.

Unless expressly provided for in these zoning regulations, no land shall be used and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located. No building or portion thereof designed and constructed as a residential building shall be changed to an office, retail or business use of any type.

(Ordinance 361-05 adopted 3/22/05)

§ 4.6 DESIGNATION OF ANNEXED TERRITORY.

Zoning for Newly Annexed Territory

All territory annexed to the Town hereafter shall be zoned by the governing body of the Town simultaneous with annexation or, as soon as practicable thereafter utilizing the procedure set forth in Appendix A. The Town may consider any zoning classification requested by the property owner, or, in the absence of such request in advance of annexation, the Town may zone the property as Agricultural Residential or any other zoning classification reasonably appropriate for the property.

Issuance of Permits

Prior to initial zoning of the area, no permit for the construction of a building other than a single-family detached dwelling or accessory building shall be issued by the Building Official.

(Ordinance 361-05 adopted 3/22/05)

§ 4.7 AREA STANDARDS FOR DETACHED SINGLE-FAMILY DWELLINGS.

Minimum front, side and rear yard setbacks in any residential district shall be in accordance with the specifications in Chart 4.2 In the event that the standards identified in Chart 4.2 vary from those specified in the district regulations, the standards in the district regulations shall govern.

Chart 4.2 Area Standards for Residential Lots
Zoning District	Side Yard Setback (feet)¹		Front Yard Setback (feet)²	Rear Yard Setback (feet)	Accessory Buildings (Side and Rear Yard Setbacks)
Zoning District	Interior	Street	Front Yard Setback (feet)²	Rear Yard Setback (feet)	Accessory Buildings (Side and Rear Yard Setbacks)
AG	Lesser of 10% of Lot Width or 50'	See Note 2 Below	50'	50'	Same as Primary Structure
RE-5	Lesser of 10% of Lot Width or 50'	See Note 2 Below	50'	50'	Same as Primary Structure
RE-2	Lesser of 10% of Lot Width or 20'	See Note 2 Below	50'	50'	Same as Primary Structure
R-1	Lesser of 10% of Lot Width or 20'	See Note 2 Below	25'	25'	10'
MH	5'	See Note 2 Below	15'	5'	5'

1.	When adjacent to a side street, the side yard setback of a corner lot shall not be less than the following, whichever is greater:
(a)	150% of the interior side yard setback shown; or
(b)	the front yard setback of any adjacent lot located within 20 feet of the rear lot line of the corner lot, where the front yard of the adjacent lot faces in the same general direction as the side yard of the corner lot.
2.	For lots on cul-de-sacs or similar circumstances, the minimum width shall apply at the front yard setback line.

(Ordinance 361-05 adopted 3/22/05)

§ 4.8 RESIDENTIAL DEVELOPMENT STANDARDS.

Chart 4.3 is a summary of the minimum development and performance standards for the residential zoning districts. In the event that the standards identified in Chart 4.3 vary from those specified in the district regulations, the standards in the district regulations shall govern.

Chart 4.3 Residential Development and Performance Standards Summary Base Density
Zoning District	Minimum Lot Size (acres)	Minimum Street Frontage (feet)	Minimum Lot Width (feet)	Minimum Lot Deep (feet)	Maximum Height	Maximum Lot Coverage (percent of lot area)	Minimum Dwelling Unit Size (square feet)¹
AG	10	300	250	400	35'/2-1/2 Stories	20	1,500
RE-5	5	300	250	400	35'/2-1/2 Stories	20	1,500
RE-2	2	200	150	240	35'/2-1/2 Stories	30	1,500
R-1	1	150	None	240	35'/2-1/2 Stories	30	1,500
MH	8,500 S.F.	80	None	80	35'/2-1/2 Stories	50	900

Note: In Planned Overlay Districts, density and lot sizes may be different from that tabulated above.
¹Minimum dwelling unit size is for the main or primary structure.
²Any residential property, located with frontage on a Private Road which existed prior to January 1, 2015, is exempt from the Minimum Street Frontage on a public road requirement listed in Chart 4.3. All property is required to meet the minimum foot requirement for the appropriate zoning district. Those private roads being the following:
Private Country Court, Dyer Road, Private Latigo Hills Trail, and Private Porter Road.
In the event any of the above noted private roads are subsequently dedicated or otherwise converted to the public and the lots located thereon are also subsequently redeveloped or subdivided, the minimum street frontage requirement in this section shall apply.

(Ordinance 361-05 adopted 3/22/05; Ordinance 390-06, sec. 2, adopted 6/20/06; Ordinance 527-12, sec. 2, adopted 1/17/12; Ordinance 576-15, sec. 2, adopted 1/20/15)

§ 4.9 AREA STANDARDS FOR NONRESIDENTIAL DISTRICTS.

Minimum front, side and rear yard setbacks in any nonresidential district shall be in accordance with the specifications in Chart 4.4. In the event that the standards identified in Chart 4.4 vary from those specified in the district regulations, the standards in the district regulations shall govern.

Chart 4.4 Area Standards for Nonresidential Lots Base Districts
Zoning District	Side Yard Setback (feet)		Front Yard Setback (feet)	Rear Yard Setback (feet)	Accessory Buildings (Side and Rear Yard Setbacks)
Zoning District	Interior	Street	Front Yard Setback (feet)	Rear Yard Setback (feet)	Accessory Buildings (Side and Rear Yard Setbacks)
RLI	20	20	40	20	Same as Primary Structure
RB	50¹	50¹	50	50¹	Same as Primary Structure
RS	20¹	20¹	50	20¹	Same as Primary Structure
VC	20¹	20¹	50	20¹	Same as Primary Structure
GC	25²	0	50	25²	Same as Primary Structure
P/SP	50¹	50¹	50	50	Same as Primary Structure

1.	Where adjacent to a residential use, residential zoning district or a planned residential land use area as specified on the Bartonville Land Use Plan, as amended, nonresidential structures equal to or less than 15 feet in height shall observe a minimum setback of 75 feet and nonresidential structures greater than 15 feet in height shall observe a minimum setback equal to 5 feet for each 1 foot in height but not less than 75 feet.
2.	Where adjacent to a residential zoning district to [sic] shall observe a minimum setback equal to 100 feet.
Note: In Planned Overlay Districts, density and lot sizes may be different from that tabulated above.

(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 4, adopted 3/15/11; Ordinance 564-14, sec. 4, adopted 7/15/14; Ordinance 633-18, sec. 1, adopted 2/20/18; Ordinance 639-18, sec. 3, adopted 9/18/18)

§ 4.10 NONRESIDENTIAL DEVELOPMENT STANDARDS.

Chart 4.5 is a summary of the minimum development and performance standards for the nonresidential zoning districts. In the event that the standards identified in Chart 4.5 vary from those specified in the district regulations, the standards in the district regulations shall govern.

Chart 4.5 Nonresidential Development and Performance Standards Summary Base Districts
Zoning District	Minimum Lot Size (acres)	Minimum Lot Width (feet)	Minimum Lot Depth (feet)	Maximum Height (fee)	Maximum Impervious Surface (percent of lot area)	Maximum Lot Coverage (percentage of lot area)	Maximum Floor to Area Ratio (F.A.R.)
RLI	1	130	250	50	80	50	0.4:1.0
RB	1	150	250	25	80	50	0.4:1.0
RS	1	150	250	25	90	50	1.0:1.0
VC	1	150	225	50	90	50	1.0:1.0
GC	1	See Section 13.3 B.3. [B4]	See Section 13.3 B.4. [B5]	50	80	60	0.4:1.0
P/SP	1	150	250	25	80	60	0.4:1.0

1.	No building shall be more than two and one-half (2-1/2) stories in height.
Note: In Planned Overlay Districts, density and lot sizes may be different from that tabulated above.

(Ordinance 361-05 adopted 3/22/05; Ordinance 417-07, sec. 1, adopted 4/17/07; Ordinance 513-11, sec. 5, adopted 3/15/11; Ordinance 564-14, sec. 5, adopted 7/15/14; Ordinance 633-18, sec. 1, adopted 2/20/18; Ordinance 639-18, sec. 3, adopted 9/18/18)

§ 4.11 LAND USES.

The use of land and/or buildings shall be in accordance with those listed in the following Use Charts. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the Use Charts (Appendix C) is:

P	Designates use permitted in the zoning district indicated.
*	Designates use prohibited (i.e., not allowed) in the zoning district indicated.
C	Designates use may be permitted in the zoning district indicated by Conditional Use Permit (also see Chapter 16).

See Definitions in Chapter 2 of the Zoning Ordinance for further description of uses.

If a use is not listed (or blank) in the Use Charts, it is not allowed in any zoning district (see Subsection C below).

Classification of New/Unlisted Uses -

It is recognized that new types of land use will arise in the future, and forms of land use not presently anticipated may seek to locate in the Town of Bartonville. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the Land Use Charts (Appendix C) shall be made as follows:

Initiation:

A person, Town department, the Planning and Zoning Commission, or the Town Council may propose zoning amendments to regulate new and previously unlisted uses.

A person requesting the addition of a new or unlisted use shall submit to the Town Secretary, or his/her designee, all information necessary for the classification of the use, including but not limited to:

The nature of the use and whether the use involves dwelling activity, sales, services, or processing;

The type of product sold or produced under the use;

Whether the use has enclosed or open storage and the amount and nature of the storage;

Anticipated employment typically anticipated with the use;

Transportation requirements;

The nature and time of occupancy and operation of the premises;

The off-street parking and loading requirements;

The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;

The requirements for public utilities such as sanitary sewer and water and any special public services that may be required; and

10.

Impervious surface coverage.

The Town Secretary, or his/her designee, shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in Subsection b. above. An amendment to this Ordinance shall be required as prescribed by Appendix A.

The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted (by right or by CUP).

The Planning and Zoning Commission shall transmit its findings and recommendations to the Town Council as to the classification proposed for any new or unlisted use. The Town Council shall approve or disapprove the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the Zoning Ordinance according to Appendix A.

Standards for new and unlisted uses may be interpreted by the Town Secretary, or his/her designee, as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined in Subsection b. above shall be followed for determination of the appropriate district. The decision of the Town Secretary, or his/her designee, may be appealed according to the process outlined in Subsections 2. through 4. above.

(Ordinance 361-05 adopted 3/22/05)