The purpose of this Chapter is to establish zoning districts
within the City Limits of Blanco, allowable uses within each district,
and procedures for special uses within each district.
(Ordinance adopted 11/10/20)
(1) Creation
of Official Zoning Map.
The City is divided into zoning
districts, shown on the Official Zoning Map and described in Sections
4.3, which, together with all explanatory matter thereon, is hereby
adopted by reference and declared to be part of this Code. The Official
Zoning Map shall be identified by the signature of the Mayor, attested
to by the City Secretary and bear the Seal of the City of Blanco under
the following words:
“This is to certify that this is the Official Zoning Map
referred to in Section 3.5 of the Unified Development Code, Ordinance
2011-392 of the City of Blanco, Texas.”
(2) Interpreting
Zoning District Boundaries.
The City Staff shall provide
clarification when uncertainty exists as to the current boundaries
of districts as shown on the Official Zoning Map.
(3) Change
to the Official Zoning Map.
(a) If, in accordance with the provisions of this Code and Section 211.006
of the Texas Local Government Code, as amended, changes are made in
the district boundaries or other matter portrayed on the Official
Zoning Map, such changes shall be effective immediately and shall
be entered on the Official Zoning Map, within fifteen (15) business
days after the amendment has been approved by the City Council and
signed by the Mayor.
(b) Approved zoning changes shall be entered on the Official Zoning Map
by the City Staff or a designated representative and each change shall
be identified on the Map with the date and number of the Ordinance
making the change.
(c) No change of any nature shall be made on the Official Zoning Map
or matter shown thereon except in conformity with procedures set forth
in this Code.
(d) Any decision to amend the Official Zoning Map shall be made based on the criteria in Chapter
2 and
3. No reasoning [rezoning] action may specifically vary from the Permitted Uses Table 4.2 found in Section 4.5 [4.4].
(e) Newly annexed territory shall be added to the Official Zoning Map
and zoned as follows:
i. If a landowner petitions the City for annexation, then the landowner
will request the desired zoning for the parcel(s) of land being considered.
ii. Newly annexed territory that is part of a lot already annexed or
within City Limits will be zoned directly to the zoning designation
of the portion of the lot already within the City.
iii. All new undeveloped territory hereinafter annexed to the City shall
have the Agriculture (AG) zoning district classification.
1. No special action or hearing will be required for zoning upon annexation
into the Agriculture (AG) district.
2. Rezoning of such territory may begin upon completion of annexation
of the area. Public hearing for rezoning may only be after annexation
is complete, yet the City reserves the right to change this procedure,
while staying within guidelines set forth by the State.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
Portions of the City of Blanco, as specified on the Official
Zoning Map on the City, are hereby divided into the following zoning
districts. The following Zoning Districts reflect the recommended
future land use are as currently included in the Blanco Comprehensive
Plan. Refer to Table 4.2 for allowable uses within each District and
Table 5.1 for Lot Standards per District:
Table 4.1 Zoning Districts Established
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District Type
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Name
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Symbol
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Purpose
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Residential
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Low Density Residential
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R1
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The Low-Density Residential District (R1) is intended to include
land subdivided for residential purposes and associated uses. The
lots are generally large and may or may not be served by city infrastructure.
This district is intended to retain a rural character while having
the potential for urban growth and increased density. These lots are
typically farthest from the city center.
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Medium Density Residential
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R2
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The Medium Density Residential District (R2) is intended to
include land subdivided for residential purposes and associated uses.
The mid-sized lots allow for denser development and are generally
served by public infrastructure. Medium Density Residential lots provide
further options for housing and neighborhood development in the City
of Blanco.
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High Density Residential
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R3
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The High-Density Residential District (R3) is intended to provide
the densest residential development that is appropriate for Blanco.
The smaller lots are intended to encourage a variety of housing options
including affordable housing and duplex development under certain
conditions and are typically nearest the city center.
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Multi-Family Residential
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R4
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The Multifamily Residential District (R4) is a residential district
that includes land subdivided for multifamily residential purposes
and associated uses. The district is intended to allow occupation
of smaller and more financially accessible dwelling units than the
other residential districts. It is the only residential district that
permits more than two dwelling units per lot.
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Residential - Transition
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R5
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The High Density Residential - Transition (R5) incorporates
the characteristics of the High Density Residential (R3) zone and
is intended to serve as a transition, or buffer, zone between residential
and non-residential zones, particularly Commercial (C1) zones. In
addition to residential uses, it provides for light commercial uses
either in a mix with residential uses on the adjacent properties or
in a mix on the same property. It is intended to provide for a mix
of uses which are compatible with, and proportionate to, each other
and surrounding uses.
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Manufactured Housing
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MH
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The Manufactured Housing District (MH) is a residential district
intended to allow manufactured housing. The district permits site-built
homes in addition to serving as the only residential district allowing
manufactured housing.
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R-Existing
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R
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Any property within the City of Blanco that was not already
zoned at the time of the November 7, 2006 UDC update was automatically
zoned to the Existing-R Zoning District. As of the date of the 2019
UDC update, this is no longer considered an active Zoning District.
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Nonresidential Districts
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Commercial
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C1
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The commercial District (C1) is intended to provide areas for
offices, retail activities, commercial services, and other commercial
activities in the City of Blanco.
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Industrial
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I1
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The Industrial District (I1) is intended to provide an area
for light industry, warehousing, and manufacturing activities. The
district provides the opportunity for such activities while requiring
efforts to minimize nuisance-like activities such as noise, smoke,
or heavy traffic volumes.
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Government/Utility/Institutional
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GUI
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Government/Utility/Institutional (GUI) District is intended
to provide for the siting of government buildings of the State, County,
City, or Federal governments. It is also intended to provide classification
for public utility installations, EMS stations, fire stations, health
care facilities, schools and churches, without regard to public or
private ownership. This zoning classification may, with City Council
approval, be applied to properties situated anywhere within the city
limits.
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Mixed Use Development
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MX (MX is existing but no longer active, see R5)
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The Mixed-Use Development District (MX) is intended to encourage
a mixture of uses that are compatible with a proportionate to each
other and the surrounding uses. This includes a horizontal or vertical
mix of residential and nonresidential uses or a mix of nonresidential
uses located on the same property.
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Park
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PR
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The Park District (PR) designates land that is dedicated to
open space and recreation. Property in the district should be developed
for these purposes rather than remaining vacant. The Park may be held
by the City of Blanco, Blanco County, or the State of Texas, or by
a private individual or entity.
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Special Districts
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Agricultural
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AG
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The Agriculture District (AG) includes lands within the corporate
limits of the City that are not subdivided and relatively undeveloped.
This is also the initial Zoning Classification applied to an annexed
tract that is newly annexed by the City. The Agriculture District
is intended to retain a rural character and reserve areas where future
growth is anticipated to occur. Agriculture uses are encouraged to
be continued when at all possible.
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Historic District
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HD
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The Historic District (HD) is comprised of the City’s
Historic Downtown District as defined in the National Register of
Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.
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Planned Development District
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PDD
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A zoning district which may be created anywhere in the city
for the purpose of permitting property to be developed with a) one
or more uses not otherwise permitted or conditional in the zoning
district in which the property is located, subject to certain development
regulations and one or more development site plans; b) subject to
development regulations not otherwise permitted in the zoning district
in which the property is located; and c) to provide flexibility for
complex projects utilizing creative land use and preservation techniques.
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(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
Generally. This division identifies the
land uses that may be allowed within each of the specified zoning
districts established in 4.3, Zoning Districts Established, and sets
out supplemental use regulations. Uses shall not be permitted, and
buildings and structures associated with such use shall not be erected,
structurally altered, or enlarged on a property, unless said use is
permitted within the zoning district applicable to the property located
within the City Limits of Blanco, and in accordance to the provisions
of these regulations.
(1) A “Permitted
Use” is permitted by right in a district and is subject to all
other applicable regulations of this Code.
(2) A “Special
Use” is allowed only if approved by a special use permit issued
by the City Council in accordance with the procedures of Section 3.5(5)
[3.5(4)]. Special uses are subject to all other applicable regulations
of this Code.
(3) To
determine how an unlisted use should be treated the City Staff shall
produce an administrative policy for addressing unlisted uses. This
will be consistent with all other provisions of this Code, either
allowing for administrative decisions by the City Staff or requiring
legislative action by the City Council, or a combination of both the
above, depending on the circumstance.
(Ordinance adopted 11/10/20; Ordinance 2022-O-012 adopted 12/13/2022)
Special Uses Criteria and Development Standards
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A. Agriculture Uses
(1) Animal Raising or Production.
(a) There are no specific restrictions applicable to the Special Use
Permit requirement.
(2) Commercial Stables.
(a) There are no specific restrictions applicable to the Special Use
Permit requirement.
(3) Crop Production and Sales.
B. Civic Use Standards
(1) Cemetery.
(a) New cemeteries shall be accessed from an arterial or collector level
street, be setback from any residentially used or zoned property by
100 feet and enclosed by a wall or fence.
(2) Child Care Facility, Day Care.
(a) The parcel proposed for development shall take access from an arterial
or collector street. Access to the site shall be designed in a manner
to facilitate safe and expedient pick-up and drop-off circulation
without otherwise interfering with the parking lot. Outdoor activities
shall be setback from any residentially used or zoned property by
100 feet and enclosed by a wall or fence.
(b) The owner/operator shall maintain all certification and licensing
requirements by the state.
(c) Off-street parking and loading: Day care centers shall provide two
off-street parking spaces plus on [one] off-street parking space for
every five hundred (500) square feet of the facility. Loading zones
must be off-street, drive-through and paved to a minimum width of
ten (10) feet and a maximum width of twenty (20) feet. Loading zones
shall have a holding capacity of one vehicle per five hundred (500)
square feet of the facility, exclusive of parking spaces, provided
that no facility shall be required to have a loading zone with a capacity
in excess of six (6) spaces for eighteen (18) foot long vehicles.
(3) Community Assembly.
(a) Parking shall be accommodated on-site.
(b) Off-site parking can be established through a shared parking agreement
provided the off-site parking lot is within 300 feet of the parcel
proposed for development and connected via a sidewalk.
(4) Correctional Facility.
(a) Correctional Facilities shall be setback from any residentially used
or zoned property by 200 feet and enclosed by a wall or fence.
(b) Fencing for a correctional facility may utilize razor ribbon or razor
tape. Such fencing shall be located a minimum of 40 feet from a public
right-of-way.
(5) Education.
(a) Parking shall be accommodated on site. Access to the site shall be
designed to facilitate safe and expedient pick-up and drop-off circulation
without otherwise interfering with the parking lot.
(b) Access to secondary schools shall be located on a collector or arterial
level roadway.
(c) Outdoor activities shall be setback from any residentially used or
zoned property by 25 feet and enclosed by a wall or fence.
(d) Queuing of vehicles shall comply with off-street stacking requirements.
(e) An elementary school established in a residential district shall
have a front yard setback of not less than fifty (50) feet.
(f) All other schools established in the residential districts shall
have a front yard setback of no less than seventy-five (75) feet.
(6) Assisted Living Housing.
(a) Facilities that house more than 10 people shall be required to take
access from an arterial or collector level street. No facility shall
be permitted at the intersection of two arterial streets.
(b) The owner/operator shall maintain all certification and licensing
requirements by the state.
(7) Hospital.
(a) Hospitals shall take access from an arterial or collector level road.
(b) Where adjacent to residentially used or zoned properties, a six (6)
foot masonry fence shall be required.
(8) Park.
(a) Any structure constructed in connection with such uses shall be set
back at least thirty (30) feet from any property adjacent to a residentially
used or zoned property.
(9) Religious Assembly.
(a) Every religious assembly shall be set back at least thirty-five (35)
feet from all property lines in residential districts provided, however,
that any wall which is unbroken by doors, windows, or other openings
shall be setback an additional fifteen (15) feet from the setback.
(b) A religious assembly located in or adjacent to any residential district
shall have its principal vehicular entrance and exit either on an
arterial street or on a collector street as a site located within
two hundred fifty (250) feet of this intersection with an arterial
street.
(10) Social Service Institution.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(11) Transportation Facilities.
(a) An airport shall be separated from all residential districts and
schools by a minimum of one thousand five hundred (1,500) feet.
(b) A heliport shall only be utilized as an accessory use to hospitals
or government facilities.
(c) Bus terminals will be separated from all residential districts and
schools by a minimum of one thousand five hundred feet (1,500'). Rail
stops will be negotiated with the City Staff and forwarded to the
City Council for approval.
(d) There are no specific restrictions applicable to the Special Use
Permit requirements.
(12) Utilities, Major.
(a) A major or minor utility facility is permitted in accordance with
Table 4.2 and subject to the following standards:
i. Such uses must be accompanied by an eight foot (8') high masonry
fence (or alternate material approved in writing by the City Staff)
with landscaping in compliance with Section 5.11.
ii. The facility must be secured so as not to pose a threat to the health
or safety of human life.
iii.
There are no specific restrictions applicable to the Special
Use Permit requirements.
(13) Wireless Transmission Facilities.
(a) Height is limited to 80' in residential zoning districts and limited
to 160' in the nonresidential zoning districts.
(b) Ground mounted equipment shall be screened with a fence or wall.
C. Commercial Use Standards
(1) Bar or Nightclub.
(a) Outdoor seating areas, if present, and parking shall be set back
at least 100 feet and physically separated from any residentially
used or zoned property and screened by a wall or fence.
(b) No amplified sound is allowed between the hours of 11 p.m. and 12
p.m. the following day.
(c) Outdoor live music cannot be performed in the public right-of-way
(sidewalks) in the Historic District.
(d) The nearest property line of a bar or tavern shall be located no
less than seven hundred fifty (750) feet from the nearest property
line of any existing place of worship, public or private school, or
residential district, or no less than minimum distance prescribed
by TABC, whichever is less.
(2) Brewery/Distillery/Winery.
(a) Outdoor seating areas, if present, and parking shall be set back
at least 100 feet and physically separated from any residentially
used or zoned property and screened by a wall or fence.
(b) Facilities more than 40,000 gross square feet shall provide truck
loading areas located to the rear of the building with direct access
to an arterial or collector level street.
(c) Facilities must provide a customer component, which may include a
retail storefront, tasting room, or a food or beverage servicing area.
(3) Business/Trade School.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(4) Campground.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(5) Car Wash.
(a) A fence or wall shall be constructed where adjacent to residentially
used or zoned properties.
(b) The car wash shall be configured in such a way that a vehicle’s
headlights do not shine directly toward a residentially zoned or used
property.
(6) Commercial Recreation/Entertainment.
(a) Facilities shall be located a minimum of 500 feet from a residentially
used or zoned property.
(b) Access to any service and parking area with more than 50 vehicles
must be accessed from a collector or higher classification level street.
(7) Data Center.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(8) Event Facility.
(a) Event facilities with an occupancy greater than 75 shall take access
from a collector level street or higher classification level street.
(b) Event facilities with an occupancy greater than 300 shall be located
a minimum of 500 feet from a residentially zoned or used property.
(c) Outdoor seating and live entertainment shall not be allowed within
100 feet of a residentially zoned or used property.
(9) Farmers Market.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(10) Food and Drink Establishment.
(a) In the C-1 zoning district, restaurants with a drive-thru are only
permitted by Special Use Permit.
(b) Outdoor seating areas, if present, shall be set back at least 100
feet and physically separated from any residentially zoned or used
property and screened by a wall or fence.
(c) Outdoor live music is allowed in accordance with state law at 85
decimals, between the hours of 11 AM and 10 PM Friday and Saturday
and between the hours of 11 AM and 6 PM Sunday through Thursday.
(d) Eating establishments permitted in the C-1 District or R5 District
shall not exceed 12,000 square feet of gross floor area.
(e) The hours of operation may be 24 hours, deliveries limited to 6 a.m.
to 12 p.m.
(f) Eating establishments permitted in the I-1 district shall not exceed
16,000 square feet of gross floor area.
(g) Eating establishments permitted in a PR district must be approved
by the City Staff.
(11) Fuel Sales.
(a) No more than four multi-fuel dispensers (eight fuel positions) shall
be permitted except where one of the following conditions are met:
i. The property is located on a corner of a major arterial and a major
collector or higher-level roadway;
ii. The proposed fuel sales establishment is an accessory use to a commercial
development such as a grocery store or retail center with a gross
floor area of 50,000 square feet or more; or
iii.
The property is adjacent to SH 281.
(b) When one of the conditions outlined is met, in no case shall a fuel
sales establishment be permitted more than 10 multi-fuel dispensers
or 20 fuel positions.
(c) No more than four multi-fuel dispensers (eight fuel positions) shall
be located within 100 feet of a residentially zoned or used property.
(d) A wall or fence is required at the property line of residentially
zoned property.
(e) A Special Use Permit is required for fuel sales establishments proposing
more than ten multi-fuel dispensers (20 fuel positions).
(f) No signs shall be located on any canopy over the pumps.
(g) No open storage of any type, including the overnight storage of vehicles,
shall occur in conjunction with the operation.
(12) Golf Course, Country Club.
(a) Any structure established in connection with such uses shall be set
back at least one hundred (100) feet from any property line adjacent
to a residentially used or zoned property.
(b) There are no specific restrictions applicable to the Special Use
Permit requirements.
(13) Hotel/Lodging.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(14) Kennel.
(a) The kennel operation, including all structures, are required to be
at least 100 feet from the property line of a residentially zoned
or used property.
(b) Outdoor kennels are prohibited in the C-1 district.
(15) Landscaping Supply Sales/Garden Center.
(a) All outdoor storage and displays shall be shown on the site plan
and screened from the public right-of-way and residentially used and
zoned properties.
(b) Where adjacent to residentially zoned or used property, a wall or
fence shall be constructed on the property line.
(16) Medical Office.
(a) Limited to a maximum of 8,000 square feet of gross floor area in
the R5 district.
(17) Pawn Shop.
(a) The parcel proposed for development shall be located no closer than
500 feet from any residentially used or zoned property.
(b) The owner/operator shall maintain compliance with Chapter 371, Pawnshops,
of the Texas Finance Code.
(18) Vehicle Sales and Rentals.
(a) All outdoor storage and displays shall be shown on the site plan
and screened from public right-of-way and residentially used and zoned
property.
(b) A wall or fence is required along the property boundary where adjacent
to residentially used or zoned property.
(c) Fixed lighting shall be arranged to prevent direct glare of beams
onto any adjacent public or private property or street and shall be
compliant with the City’s Outdoor Lighting Ordinance.
(d) Repairs shall be performed only within the principal building on
the premises, unless it can be shown that a separate building containing
parts or accessories can achieve the intended aesthetic purpose of
this section.
(e) Outdoor display of rental vehicles shall be set back a minimum of
fifty (50) feet from all lot lines abutting residentially zoned or
developed property.
(19) Vehicle Services.
(a) All vehicle and outdoor storage areas shall be screened and located
to the side and/or rear of the principal building.
(b) All repair of [or] service work requiring six (6) or more consecutive
hours (i.e. major repair) shall take place either within an enclosed
structure or behind a suitable screening device.
(20) Veterinary Clinic, Indoor and Outdoor Pens.
(a) All outdoor pens shall be setback behind the principal structure
and not visible from the public right-of-way.
(b) If the parcel is adjacent to a residentially zoned or used property,
pens shall be setback from the property line by 100 feet.
(c) A wall or fence shall be provided along the rear and side property
boundaries if outdoor pens are shown on the approved site plan.
D. Industrial Uses
(1) Contractor Services.
(a) Outdoor storage is not allowed in the C-1 zoning district.
(b) This use shall be conducted entirely in an enclosed building.
(c) There are no specific restrictions applicable to the Special Use
Permit requirements.
(2) Lumber Yard.
(a) All outdoor storage areas shall be shown on the Site Plan and setback
a minimum of 200 feet from any residentially zoned or used property.
(b) A wall or fence shall be required on the rear and side property lines.
(c) All outdoor storage shall be screened from the public right-of-way,
set back behind the principle structure, or screened with landscaping
and/or fencing.
(3) Scrap and Salvage Yard.
(a) The parcel proposed for development shall be located no closer than
500 feet from any residentially used or zoned property and take access
from an arterial or collector level street. All outdoor storage areas
used for scrap and salvage storage shall be completely screened by
a wall or fence at least eight feet in height and a 15' landscape
buffer.
(b) Wrecked cars, junk, salvage, scrap, or other materials shall not
be visible from adjacent properties or public right-of-way above the
required wall or fence.
(4) Storage, Self.
(a) Unit doors shall not be visible from public rights-of-way nor residentially
zoned or used property.
(b) No outdoor storage shall be allowed.
(c) The use will be conducted entirely within an enclosed building.
(d) The used shall not contain an interior electrical outlet.
(e) Self-storage units shall be used solely for the purpose of storage
and shall not be used for conducting or operating a business.
(f) Where adjacent to an arterial level street, the principal structure
shall be setback from the public right-of-way 150 feet.
(g) No direct glare from any illumination on lathe [the] site shall be
visible from lots in any adjacent residential zoning district.
(5) Storage Yard.
(a) Outdoor storage shall be completely screened from view from the public
right-of-way and residentially zoned or used properties.
(b) Where adjacent to a major arterial street, the principal structure
shall be setback 150 feet.
(c) An eight-foot wall or fence and 10-foot landscape buffer shall be
located along all parcel boundaries to screen from adjacent properties
and public right-of-way.
(6) Waste Related Services.
(a) The facility shall be set back at least 200 feet from residentially
zoned or used property.
(b) Any outdoor recycling storage (bins) or activities shall be visually
screened from adjacent roadways, residentially zoned or used properties,
and any other nonindustrial uses by an eight-foot perimeter fence
constructed of brick, stone, or similar masonry product.
(c) All solid, liquid, or sanitary waste collected shall be stored and
all manufacturing or production of goods or energy from solid, liquid,
or sanitary waste or recycled materials shall be conducted in an enclosed
building.
E. Residential Uses
(1) Accessory Dwelling Unit.
(a) There are no specific restrictions applicable to the Special Use
Permit requirements.
(2) Apartment.
(a) If multiple apartment complexes are located on parcels adjacent to
one another, cross access shall be provided to the adjacent parcels.
(b) Limited to 24 units per dwelling acre.
(c) Apartments developed within a High Density Residential Transition
District (R-5) shall have a minimum lot area of three thousand (3,000)
square feet per living unit.
(d) A minimum of three amenities shall be provided for the overall development.
(3) Bed and Breakfast.
(a) Bed and Breakfast establishments in any residential district shall
be subject to the following additional standards:
i. A maximum of four guest rooms shall be provided in any one bed and
breakfast establishment.
ii. No exterior evidence of the Bed and Breakfast shall be allowed, except
for one attached sign which meets the requirements of the City’s
Sign Ordinance. No additional outdoor advertising of any kind is allowed
on site.
iii. All parking areas on property (except driveways) shall be located
behind any building lines and must be screened from the view of adjacent
residences to a height of six (6) feet by a solid screening fence,
or dense shrubs and vegetation. Additional parking requirements may
apply.
iv. No food preparation, except beverages, is allowed within individual
guest rooms.
v. Preparation and service of food for guests shall conform to all applicable
regulations of the State of Texas, Blanco County, and the City of
Blanco.
vi. Parking standards for Bed and Breakfasts in Agricultural or Low-Density
Residential areas may provide an alternative parking plan as approved
by City Staff.
(4) Duplex.
(a) All units shall have separate entrances and driveways, driveway apron
can be shared between units as long each unit has adequate off-street
parking of at least 2 vehicles and adequate utility infrastructure.
(b) There are no specific restrictions applicable to the Special Use
Permit requirements.
(5) Group Home.
(a) A group home, as defined and regulated by State agency, is permitted
in accordance with this Code provided that the home is the only permitted
use on a legally platted single lot.
(6) Industrialized housing.
(a) All single-family detached or duplex industrial housing units shall
be required to have similar exterior siding, roofing, roofing pitch,
foundation fascia, and fenestration.
(b) A complete set of designs, plans, and specifications shall be submitted
to City Staff with the Building Permit bearing a stamp of approval
from the Texas Industrialized Building Code Council and confirmation
that each module or modular component bears an approved decal or insignia
by the Texas Department of Licensing and Regulation signifying that
each module or component has received a post-construction inspection
in conformance with state mandated building codes. This requirement
is in addition to general Building Permit requirements for all housing.
(7) Manufactured Home.
(a) Placement of manufactured homes types
i. Manufactured homes, as defined by the State of Texas, must be placed
a minimum of 150 feet from the boundaries of an R1 or R2 residential
district.
(8) Manufactured Home Park.
(a) All manufactured home subdivisions or developments will be consistent
with all other provisions of this Code.
(b) For each manufactured home moved into a manufactured housing district,
all proper permitting shall be obtained through the City.
(c) Any person whose application for a permit under this section has been denied may request a hearing as provided in Chapter
3.
(d) In calculating the impervious cover for lots the manufactured home
will be treated as a part of the impervious percentage calculation.
(e) The City is authorized to make inspections as are necessary to determine
compliance with the Code. (NEED CLARIFICATION:) Residential and a
Certified Building Inspector for Commercial Property. The City Staff
will determine the appropriate fee.
i. The inspection shall include the following:
1. Gas system.
System to meet the requirements of the International
Plumbing Code, 2015 Edition.
2. Electrical system.
System to meet the requirements of
the National Electrical Code. 2014 Edition.
3. Water supply.
Hookups shall be made with schedule #40
PVC pipe or equivalent piping.
4. Sewer system piping shall be installed to connect the manufactured
home to the subdivision sewer and to provide for gravity flow. Only
rigid pipes shall be used, and piping shall be protected against damage.
5. Manufactured home stand.
The area beneath the manufactured
home shall be graded so that water will not stand under the home.
The stand shall provide a stable area for placing a [of] tie-down
anchors and blocking.
6. Tie-downs.
The manufactured home shall be tied down
as required by state standards.
7. Blocking.
The manufactured home shall be blocked as
required by state standards.
8. Skirting shall be required on all Manufactured homes and will consist
of one of the following materials: Vinyl, Stone, Stucco, or Fiber
Cement or equivalent and approved by the City Staff.
ii. Upon completion and approval of required inspections a certificate
of occupancy will be issued for the manufactured home.
iii. A manufactured home may only be imported into the City of Blanco
if it is on an MH zoned lot or replacing a unit in a Manufactured
Home Park.
iv. Signs:
A sign shall be permitted at entrance to the
Manufactured Home Park except that not more than one sign shall be
permitted for one park, and sign shall be subject to the following
provisions:
1. Signs may be illuminated but the source of light shall not be visible
and shall not be intermittent or flashing, revolving signs shall not
be permitted. Signs shall not be lighted between the hours of 10:00
p.m. and 6:00 a.m.
2. Such signs may be freestanding but shall have no more than two supports
and the top of the sign shall be no more than eight feet above the
grade.
3. Each sign shall be single-faced and shall be limited to a maximum
area of 12 square feet.
4. All signs shall conform to the requirements concerning setback from
public streets that are applicable to structures, except that such
signs may be attached flat against a wall or fence surrounding the
manufactured home park, no portion of which shall extend into the
public right-of-way.
(f) Parking:
Two spaces per dwelling unit in a manufactured
housing subdivision and two spaces per dwelling unit in a manufactured
home park.
(g) Landscaping:
For manufactured home parks, generally
4 percent of net site area or 30-foot deep landscaped area adjacent
to public right-of-way.
i. Property Development standards for Manufactured Housing Subdivision
and Parks will be as follows:
“MH” District: Manufactured Home Subdivision
|
---|
Land Area
|
4 acre minimum
|
Lot Area
|
4,000 square feet minimum per unit
|
Lot Width
|
30 feet minimum
|
Lot Coverage
|
50 percent maximum
|
Front Yard
|
20 feet minimum
|
Rear Yard
|
5 feet minimum
|
Side Yard
|
|
Interior lot
|
5 feet minimum
|
Corner lot
|
10 feet minimum
|
Height
|
30 feet maximum
|
(9) Recreational Vehicle Park.
(a) Recreational Vehicle Parks are allowed in the PR district as approved
by a Special Use Permit.
(10) Triplex.
(a) There are no specific restrictions applicable to the Special Use
Permit requirement.
(11) Quadplex.
(a) There are no specific restrictions applicable to the Special Use
Permit requirement.
(12) Single-Family Attached.
(a) A single-family, attached dwelling is permitted in accordance with
Table 4.2 provided that all dwelling units are situated on separate
legally platted lots.
(Ordinance adopted 11/10/20; Ordinance adopting Code)
(1) Temporary
Sales, Construction Officers [Offices] and Model Homes.
The following conditions must be met before the Model Home use will
be permitted in accordance with Section 3.7(5) Temporary Use Permit:
(a) A model home may be located within any zoning district provided it
is located within the legal subdivision for which lots are being sold.
In addition, the sales office occupying the Model Home shall only
market homes within the legal subdivision in which the Model Home
is located. (For example, a Model Home built in New Subdivision, Phase
I cannot market home located in New Subdivision, Phase II or in Other
Subdivision, etc.)
(b) A conditional certificate of occupancy permit to operate the model
home as a sales office will expire after twelve (12) months unless
it is renewed by the respective business, which shall have the burden
to demonstrate that the conditions of approval still exist. The City
Staff will then evaluate the renewal request and determine its status.
An unlimited number of extensions can be applied for and considered.
(c) The following exceptions to Section 3.7(6) above [sic] may apply:
i. The City may extend the permit for a model home which was constructed
to market one phase of a phased development to market new phases of
the same development when this results in no increase in the total
number of model homes within all of the phases and is less intrusive
to the developing neighborhood by maintaining the most direct access
to the model home from outside of the neighborhood;
ii. A permit [permitted] model home in one legal subdivision where a
builder is actively marketing lots may be used to market lots in another
legal subdivision if the builder has no model in the second subdivision
and when such sales are clearly secondary, as demonstrated through
signs and advertisements, to the marketing of lots within the subdivision
in which the model is located;
iii. A model home constructed to market one legal subdivision may be granted
a temporary permit to market a new legal subdivision for the period
during which a new model home is being constructed in the new legal
subdivision. Such temporary permit shall be valid for a period not
to exceed six (6) months.
(d) Construction of the model home must be consistent with the character
of the subject neighborhood. Signs must comply with sign regulations
in this Code, and the zoning district in which the model home located.
(e) A conditional construction permit for the model home may be issued
once the streets to the subdivision have been constructed to sub grade
and water service and a fire hydrant has been located within five
hundred (500) feet of the lot on which the model home is located.
The Building Official shall note on the permit that the property owner
accepts all responsibility for commencing construction prior to completion
of the public improvements and City acceptance of the subdivision.
The conditional certificate of occupancy for the model home will not
be issued until the subdivision and all public improvements have been
accepted by the City, a final plat has been filed with the County,
and all utilities are connected to the home.
(f) The model home must be constructed in such a manner that it can be
converted, without structural changes, and used as a single-family
or duplex (if applicable) residence after certificates of occupancy
have been issued to eighty (80) percent of the associated residential
units or when use as a sales office or model home has ceased. This
includes the provision of adequate off-street parking outside the
front building line.
(g) There is no restriction on the number of model homes permitted in
each subdivision.
(h) A temporary building for use as a sale or construction office is
permitted on a twelve (12) month or shorter basis, subject to the
renewal policy outlined for model homes, but only if a model home
has not been constructed. Once a model home has been constructed,
the temporary building must be removed.
(i) If the operation of the model home or temporary building used as
a sales office violates any City ordinances including the provisions
of this Code, the Certificate of Occupancy shall be revoked, unless
satisfactory compliance is achieved.
(j) Temporary site storage or trash bins shall be located so as not to create a nuisance (see Chapter
6 and
7 for guidelines for concealment).
(2) Temporary
Concrete Products.
(a) Temporary facilities for manufacturing concrete or concrete products
may be located in all zoning districts where they are directly associated
with construction in the area.
(b) Retail sales of concrete products shall be prohibited in conjunction
with temporary concrete plants. The production site must be returned
to its pre-construction state following completion of the associated
project.
(c) The City Staff may impose specific terms and conditions on the issuance
of a temporary use permit for concrete products based on the need
to control dust and concrete waste materials and other forms of pollution,
noise, and hours of operation, and obstruction or interference with
automobile and other transportation.
(d) A site plan is required for the site with the submittal for the temporary
use permit.
(3) Temporary
Travel Trailer and Recreational Vehicle Use.
(a) The temporary use of travel trailers and recreational vehicles by
visitors to the City of Blanco on private property for up to thirty
(30) days is allowed. Extensions must be approved by City Council.
(Ordinance adopted 11/10/20)
(1) General.
Any accessory use may be permitted provided there is association
with a primary use that may be permitted in accordance with Table
4.2 of this Code. The establishment of such accessory uses shall be
consistent with any or all of the following standards:
(a) The accessory use shall be subordinate to and support a primary use
principal;
(b) The accessory use shall be subordinate in area, extent or purpose
to the primary use;
(c) The accessory use shall contribute to the comfort, convenience or
necessity or the use;
(d) The accessory use shall be located within the same zoning district
as the primary use; and/or
(e) Accessory uses located in residential districts shall not be used
for commercial purposes other than authorized and legitimate Home
Occupations.
(2) Home
Occupations.
(a) A home occupation is that accessory use of a dwelling that shall
constitute all or some portion of the livelihood of a person or persons
living in the dwelling. The home occupation shall be clearly incidental
to the residential use of the dwelling and shall not change the essential
residential character of the dwelling or adversely affect the uses
permitted in the district of which it is a part.
(b) Home occupations are permitted provided the occupation meets the
following provisions and approved by the City Staff.
i. Is conducted entirely within a dwelling or integral part thereof
and has no outside storage of any kind related to the home occupation;
ii. Is clearly incidental and secondary to the principal use of the dwelling;
iii. Is conducted only by persons residing on the premises (nonresident
employees are not permitted);
iv. Does not affect the residential character of the dwelling or cause
the dwelling to be extended or altered, internally or externally;
v. No identification sign or advertising of the home occupations placed
or situated on the site or structures, except those permitted in the
City’s Sign Ordinance;
vi. Does not generate traffic, parking, sewerage, or water use in excess
of what is normal in the residential neighborhood;
vii. Do not create disturbing or offensive noise, vibration, smoke, dust,
odor, heat, glare, unhealthy or unsightly condition, electrical interference,
or other hazard to persons or property within the vicinity;
viii. Does not involve any on-site retail sales.
(c) The following are prohibited as Home Occupations:
i. Animal hospitals, stables, or kennels;
v. Restaurants (excluding Bed and Breakfasts);
vi. Automobile or mechanical paint or repair shops;
vii. Doctor, dentist, veterinarian or other medically related office;
ix. Barber shops and Beauticians
(d) Home Day Care facilities will comply with the provisions found in
Section 4.6.
(e) Accessory uses located in residential districts shall not be used
for commercial purposes other than authorized and legitimate Home
Occupations or permitted Short-Term Rental, Accessory Sturcture/Uses;
and
(f) Short-Term Rental, Accessory Structure/Uses shall mean property containing
a primary dwelling that also contains a legal guest house that is
being used for Short-Term Rental purposes.
(Ordinance adopted 11/10/20; Ordinance 2022-O-005 adopted 7/12/2022)
(1) Outdoor
Storage.
(a) Outdoor display and storage shall be allowed in nonresidential districts
in accordance with this Section. Any merchandise, material or equipment
situated outdoors in nonresidential districts shall be subject to
the requirements of this Section. For the purpose of this section,
outdoor storage and display shall be classified into three categories.
(b) Categories of Outdoor Storage and Display.
i. Outdoor Display.
1. Outdoor display is a display of items actively for sale.
2. Outdoor display shall require a special use permit in the C-1 District.
3. Outdoor display shall be allowed adjacent to a principal building
wall, may not extend into the right-of-way, and may only extend a
distance of no greater than five (5) feet from the wall. Such storage
shall not be permitted to block windows, entrances, or exits and shall
not impair the ability of pedestrians to use the building.
4. Outdoor display may not occupy more than thirty (30) percent of the
linear distance along any principal building wall facing a public
right-of-way.
5. All outdoor display shall be screened from any adjacent residentially
used or zoned property, or public right-of-way.
ii. Limited Outdoor Storage.
1. Limited outdoor storage is temporary storage of goods in individual
packaging and not in storage containers. Organic materials stored
on pallets are considered limited outdoor storage.
2. Limited outdoor storage shall require a special use permit in the
C-1 District.
3. Limited outdoor storage shall be to the side or rear and not exceed
one thousand (1,000) square feet or ten (10) percent of the total
site area (whichever is greater), except in the I-1 districts where
additional outdoor storage and display is allowed so long as it is
completely screened from view from outside the site by a solid opaque
wall or fence at least six feet in height. Such area may extend from
the primary building, but not for a distance greater than fifty (50)
feet, and not into a public right-of-way.
4. Limited outdoor storage may not occupy more than thirty (30) percent
of the linear distance along any principal building wall facing a
public right-of-way.
5. Limited outdoor storage shall not be allowed in required off-street
parking spaces.
6. All limited storage shall be required to be shown on a site plan
approved by the city.
iii. Outdoor Display and Storage Requirements.
1. Required in Site Plan:
All outdoor display and storage
areas must be clearly shown in the site plan submitted for the property.
2. Right-of-Way:
Unless specifically authorized elsewhere in this Code, all outdoor storage and display shall be located outside the public right-of-way and/or at least fifteen (15) feet from the back edge of the adjacent curb or street pavement and outside of any required landscape area. Additionally, all outdoor display and storage shall only be on pavement, and still within the maximum impervious cover limitations set forth in Chapter
5, Lot Standards.
3. Side Yards:
No form of outdoor display and storage shall
be allowed in required side setback or buffer yards. Landscaping and
Buffers shall be provided as set forth in Section 5.11 of this Code.
(c) Exceptions.
i. Vehicles for sale within part of a properly permitted vehicle sales
use (including boats and recreational vehicles) shall not be considered
outdoor display or storage.
ii. Such vehicles must be located and displayed on a paved vehicle use
area, clearly indicated on the site plan, and screened under the same
requirements for a parking lot.
iii. Waste generated on-site and properly deposited in ordinary refuse
containers shall not be subject to the restrictions of this Section.
(2) Residential
Use of Nonresidential Property.
(a) A residential dwelling on nonresidential property is permitted in
accordance with Table 4.2 and Section 5.9(5) [sic], and subject to
the following standards:
i. The residential use shall not be the primary use of a lot in a nonresidential
district[.]
ii. The gross floor area of the entire building on a lot zoned C-1 shall
include not more than fifty percent (50%) residential uses.
(b) Separate designated parking spaces [for] use by the residential units
is required. Shared parking calculations shall not be permitted.
(c) A first-floor residential use in a nonresidential district is allowed
as a secondary use.
i. The residential use must be either a detached unit or an attached
unit with rear access only.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
(1) General
Provisions.
(a) Popular Name.
This article shall be commonly cited as
the “planned development district ordinance.”
(b) This article applies to all property within the incorporated municipal
boundaries (i.e., “city limits”), and may also extend
to the extraterritorial jurisdiction (“ETJ”) to the extent
property owners are willing to be voluntarily annexed into the city
concurrently with the adoption of the planned development district.
(2) Purpose;
nature of district.
(a) Purpose.
i. This article provides standards and procedures for the legislative
creation of specialized zoning districts that are crafted specifically
for certain land endeavors. Planned development districts are intended
to allow flexibility and encourage creative land use and site development
while providing natural resource preservation and protecting adjoining
properties. Through planned development districts the city is better
able to give developers the flexibility they need for complicated
projects, while protecting the public interest by mitigating externalities
related to traffic, noise, aesthetics, lighting and drainage.
1. Planned development districts are established by ordinance and, thus,
are not agreements, although often they are developed through negotiations
between the city and property owners.
2. Unless clearly stated in the ordinance creating the PD district,
the development project must comply with all applicable city regulations.
PD districts are intended to implement generally the goals and objectives
of the city’s comprehensive plan. PD districts are also intended
to ensure the compatibility of land uses, and to allow for the adjustment
of changing demands to meet the current needs of the community by
meeting one or more of the following purposes:
a. To provide for a superior design of lots or buildings;
b. To provide for increased recreation and/or open space opportunities
for public use;
c. To provide amenities or features that would be of special benefit
to the property users or community;
d. To protect or preserve natural amenities and environmental assets
such as trees, creeks, ponds, floodplains, slopes, hills, viewscapes,
and wildlife habitats;
e. To protect or preserve existing historical buildings, structures,
features or places;
f. To provide an appropriate balance between the intensity of development
and the ability to provide adequate supporting public facilities and
services; and
g. To meet or exceed the present standards of this article.
(b) Nature of district.
Each PD district shall be a freestanding
zoning district in which land uses and intensities of land use may
be tailored to fit the physical features of the site and to achieve
compatibility with existing and planned adjacent uses.
(3) Minimum
Standards.
(a) Standards by ordinance.
Minimum standards proposed for
the PD district must be incorporated within an ordinance adopted by
the city council. In the adopting ordinance, the city council may
incorporate minimum standards by making reference to a standard zoning
district.
(b) Land use.
i. Uses.
An application for a PD district shall specify
the use or the combination of uses proposed, particularly if any of
the proposed uses are not allowed by right in the base zoning district.
ii. Base district.
In the PD district, uses shall conform
to the standards and regulations of the base zoning district to which
it is most similar. The particular zoning district must be stated
in the granting ordinance.
iii. Variances.
All applications to the city shall list all
requested variances from the standard requirements set forth throughout
this article (applications without this list will be considered incomplete).
iv. Special uses.
Special Use Permits allowed in a base
zoning district may be allowed in a PD only if specifically cited
as an “additional use” in the ordinance establishing the
PD. Additional uses included in the PD ordinance shall then be allowed
by right in the PD district.
v. Location.
The location of all authorized uses shall
be consistent with the PD master plan and the PD district site plan.
vi. Residential uses.
Unless otherwise provided for by the
PD ordinance, the following standards shall apply to all residential
uses within a PD district:
xxx
vii. Density.
Except on the basis of exceptional design and
provision of enhanced open space, residential density shall be no
smaller than the lot sizes allowed in the base zoning district for
each type of housing except for minor changes in a small percentage
of the lots in order to provide improved design or flexibility in
the layout of the subdivision.
viii.
Drainage.
Drainage features shall be integrated
into the design of the development and shall be contained within ponds
and streams with a natural appearance wherever possible.
(c) Open space standards.
i. Public or private.
Unless otherwise provided for by
the PD ordinance, site-appropriate area or areas within the entire
PD District shall be devoted to open space. Open space for PD districts
may be satisfied by space that can be classified as public, such as
a central gathering space, or by a combination of public and private
open space. Open space requirements specified in this subsection are
in addition to the city’s general requirements for landscaping
and buffering. Public open space shall be dedicated to the city.
ii. Preservation of natural features.
Unless otherwise provided
by the PD district ordinance of [or] master plan:
1. Floodplain areas shall be preserved and maintained as open space;
and
2. Significant strands of native trees shall be preserved and protected
from destruction or alteration pursuant to a tree preservation plan
submitted to the city by the applicant.
iii. Open space allocation and preservation.
Open space requirements
shall be satisfied for each phase of a multi-phased development. If
open space is not to be provided proportionally among phases of development,
the applicant must execute a reservation of open space in a form that
will assure the city that such open space will be provided. The city
may require that all open space within the PD district must be provided
prior to completion of development within the PD district.
(d) Height regulations.
Unless otherwise provided by the
PD ordinance, height regulations for uses shall be those established
within the city’s zoning regulations for the base district.
(e) Area regulations.
Unless otherwise provided by the PD
ordinance, area regulations for uses shall be those established within
the city’s zoning regulations for the base zoning district.
The minimum allowable size for a PD shall be one acre.
(4) Master
Plan.
(a) Mandatory.
The PD master plan is mandatory step in the
creation of a PD district. It establishes general guidelines for the
PD district by identifying the proposed land uses and intensities,
building locations, building footprints, thoroughfare locations, and
open space boundaries, including any proposed public trail systems.
The PD master plan, as incorporated in the PD ordinance and together
with the text of the ordinance, establishes the development standards
for the PD district.
(b) Compliance with approved plans.
Except as otherwise
provided by the city’s subdivision regulations, no development
shall begin, and no building permit shall be issued for any land within
a PD district until a PD site plan that is substantially consistent
with the PD master plan has been approved. Each PD district shall
be developed, used, and maintained in compliance with the approved
PD master plan, and subsequently conforming site plans, for the PD
district, as per the city’s site development ordinance.
(c) Establishment of District.
i. Zoning Amendment.
The procedures for establishing a
PD district shall be as for any other type of zoning request, except
that more information is typically needed along with the request,
and a master plan shall be submitted along with the request.
ii. Application.
An application for the establishment of
a PD district shall be in accordance with this article. The application
shall include:
2. A list of proposed PD district development standards;
3. Identification of a zoning district, if any, which shall apply to
the extent not otherwise provided by the PD master plan or by the
proposed PD district development standards;
4. A master plan informational statement; and
5. A traffic impact analysis, unless waived by the City Council.
iii. Governing regulations.
Except to the extent provided
by the PD master plan and the PD ordinance, development within the
PD district shall be governed by all of the ordinances, rules, and
regulations of the city in effect at the time of such development,
including the standards of the zoning district identified in the application.
iv. Conflict.
In the event of any conflict between the PD
master plan, the PD ordinance, and/or the ordinances, rules, and regulations
of the city in effect at the time of the establishment of the PD,
the terms, provisions, and intent of the PD master plan and PD ordinance
shall control.
v. PD master plan requirements.
1. A master plan shall be submitted along with a PD zoning request and
shall be processed simultaneously with the PD zoning request. The
master plan shall be reviewed by the city’s development review
team. If the PD zoning application is approved, the PD master plan
shall be incorporated and made a part of the PD ordinance.
2. Development standards.
Proposed PD district development
standards shall be processed simultaneously with the PD zoning application,
and if the PD zoning application is approved, such standards shall
be incorporated as part of the PD ordinance. Such proposed development
standards may include, but shall not be limited to, uses; density;
lot size; building size; lot dimensions; setbacks; coverage; height;
landscaping; lighting; screening; fencing; parking and loading; signage;
open space; drainage; and utility and street standards. Any graphic
depictions used to illustrate such standards, unless otherwise provided
in the PD ordinance, shall be considered as regulatory standards.
In the event of any conflict, the more stringent standards shall apply.
At the city administrator’s discretion, the city administrator
may waive any of items listed in this subsection. The city council
may require submission of the above information or any other item
deemed necessary by the council for creation of a PD district.
vi. Informational statement.
A PD master plan shall be accompanied
by an informational statement containing the information set forth
below. If the PD zoning application is approved, the informational
statement shall be binding on the applicant or the landowner but shall
not be considered part of the PD master plan or the PD ordinance.
If the PD master plan and the PD ordinance conflict in any way, the
PD ordinance shall be considered the controlling document. Informational
statements shall be updated concurrently with any amendment to the
PD master plan. Each statement shall include the following:
1. A general statement setting forth how the proposed PD district will
relate to the city’s comprehensive plan;
2. The total acreage within the proposed PD district;
3. If the development is to occur in phases, a conceptual phasing plan
that identifies the currently anticipated general sequence of development,
including the currently anticipated general sequence for installation
of major capital improvements to serve the development; and
4. An aerial photograph with the boundaries of the PD master plan clearly
delineated.
(d) Master plan amendments.
i. PD master plans.
PD master plans, excluding informational
statements, are considered part of the PD ordinance. Any substantive
amendment to a PD master plan, as determined by the city administrator,
shall be considered a zoning change. Nonsubstantive modifications
may be approved by the city administrator.
ii. PD site plans.
PD site plans are not considered part
of a PD ordinance. Except as otherwise provided within this subsection,
any amendment/revision to an approved site plan shall be in accordance
with the city’s site development ordinance.
(e) Lapse of master plan.
A PD master plan shall be effective
for a period of two (2) years. Plans expire if the applicant has not
begun construction within that two (2) year period.
(f) Extension and reinstatement.
Extension of a PD master
plan or site plan shall be in accordance with the following:
i. Prior to the lapse of approval for a PD master plan, the applicant
may request that the city, in writing, extend the plan approval. Such
request shall be considered at a public meeting before the P&Z
and the city council, and an extension may be granted by city council
at such meeting. Two (2) extensions of six (6) months each in length
may be granted, unless otherwise specified by ordinance. If no petition
for extension of PD master plan approval is submitted, then the plan
shall be deemed to have automatically expired by operation of law
and shall become null and void.
ii. Determination of extension. In determining whether to grant a request
for extension, the city council shall take into account the reasons
for the lapse, the ability of the applicant to comply with any conditions
attached to the original approval, and the extent to which development
regulations would apply to the concept plan or site plan at that point
in time. The P&Z and city council shall either extend the PD master
plan or deny the request, in which instance the originally approved
plan shall be deemed null and void. However, the two (2) aforementioned
extensions shall not be unreasonably withheld without due cause.
(g) Contents and format of master plan.
i. A title block within the lower right-hand corner of the concept plan
with the proposed name of the project or subdivision, the name and
address of the owner and the land planner, engineer, architect or
surveyor responsible for the design or survey, the scale of the drawing,
both written and graphic scale, the date the drawing was prepared,
total site acreage, and the location of the property according to
the abstract and survey records of the county;
ii. A vicinity or location map that shows the location of the proposed
development within the city or its extraterritorial jurisdiction and
in relationship to existing roadways;
iii. The boundary survey limits of the tract and scale distances with
north clearly indicated;
iv. The names of adjacent additions or subdivisions, or the name of the
owners of record and recording information for adjacent parcels of
unplatted land, including parcels on the other sides of roads and
creeks. The concept plan shall include a depiction of all contiguous
holdings of the property owners, the existing and proposed uses of
the subject property, a general arrangement of future land uses, including
the approximate number of lots and any residential uses anticipated,
and a generalized circulation plan for the subject property;
1. The existing zoning and existing and proposed uses on adjacent land;
the location, width and names of all existing or platted streets or
other public ways within or adjacent to the tract; any existing easements
with recording information; existing buildings; railroad rights-of-way;
topography, including contours at two-foot intervals with existing
drainage channels or creeks, including the 100-year floodplain, if
applicable; any other important natural features (such as rock outcroppings,
wildlife habitats, etc.); all substantial natural vegetation; and
adjacent political subdivisions, corporate limits, and/or school district
boundaries;
2. Proposed strategies for tree preservation, which may include showing
individual trees or tree masses that will be preserved, and the techniques
that will be used to protect them during construction;
3. The layout and width, including right-of-way lines and curb lines,
of existing and proposed thoroughfares, collector streets and/or intersections,
and a general configuration of proposed streets, lots and blocks,
including proposed median openings and left turn lanes on future divided
roadways. Existing and planned driveways on the opposite side of divided
roadways must also be shown for coordination and sharing of future
median openings;
4. A general arrangement of land uses and buildings, including but not
limited to proposed nonresidential and residential densities; building
heights, square footages, massing, orientation, loading and service
areas, recycling containers, compactors and dumpster enclosures, pedestrian
walkways, and parking areas; any proposed sites for parks, schools,
public facilities, and public or private open space; floodplains and
drainageways; and other pertinent development-related features; and
5. The phasing scheduled for the development.
(5) Submission
and Review Process.
(a) Submission of complete application.
i. For the purpose of this article, the “official submission date”
shall be the date upon which a complete application for approval of
a PD, that contains all elements and information required by this
article, is first submitted to the city administrator. No application
shall be deemed officially submitted until the city administrator
determines that the application is administratively complete, and
a fee receipt is issued by the city.
ii. PD master plan applications which do not include all required information
and materials will be considered incomplete, shall not be accepted
for official submission by the city, and shall not be scheduled on
a P&Z agenda until the proper information is provided to city
staff.
(b) Additional information.
The city’s staff may require
information and data other than that set out in this section for specific
PD master plans. This information data may include but is not limited
to: geologic information, water yields, flood data and hydrological
studies, environmental information, traffic impact analysis, road
capacities, market information, historic structure(s) and/or land,
economic data for the proposed development, hours of operation, elevations
and perspective drawings, lighting, and similar information. Approval
of a PD may establish conditions for construction based upon such
information.
(c) Principles and standards for review.
i. The following criteria have been set forth as a guide for evaluating
the adequacy of proposed development within the city, and to ensure
that all developments are, to the best extent possible, constructed
according to the city’s codes and ordinances.
ii. The city administrator shall review the PD for compliance with all
applicable city ordinances and with the comprehensive plan; for harmony
with surrounding uses and with long-range plans for the future development
of the city; for the promotion of the health, safety, order, efficiency,
and economy of the city; and for the maintenance of property values
and the general welfare.
iii. PD review and evaluation by the city administrator shall be performed
with respect to the following:
1. The plan’s compliance with all provisions of the zoning ordinance
and other ordinances of the city.
2. The impact of the development relating to the preservation of existing
natural resources on the site and the impact on the natural resources
of the surrounding properties and neighborhood.
3. The relationship of the development to adjacent uses in terms of
harmonious design, facade treatment, setbacks, building materials,
maintenance of property values, and any possible negative impacts.
4. The provision of a safe and efficient vehicular and pedestrian circulation
system.
5. The general design and location of off-street parking and loading
facilities to ensure that all such spaces are usable and are safely
and conveniently arranged.
6. The sufficient width and suitable grade and location of streets designed
to accommodate prospective traffic and to provide access for firefighting
and emergency equipment to buildings.
7. The coordination of streets so as to arrange a convenient system
consistent with the transportation plan of the city.
8. The use of landscaping and screening to provide adequate buffers
to shield lights, noise, movement, or activities from adjacent properties
when necessary, and to complement and integrate the design and location
of buildings into the overall site design.
9. Exterior lighting to ensure safe movement and for security purposes,
which shall be arranged so as to minimize glare and reflection upon
adjacent properties.
10.
The location, size, accessibility, and configuration of open
space areas to ensure that such areas are suitable for intended recreation
and conservation uses.
11.
Protection and conservation of soils from erosion by wind or
water or from excavation or grading.
12.
Protection and conservation of watercourses and areas subject
to flooding.
13.
The adequacy of water, drainage, sewerage facilities, solid
waste disposal, and other utilities necessary for essential services
to residents and occupants.
14.
Consistency with the comprehensive plan.
(d) Approval process.
i. Pre-application conference.
The applicant(s) shall consult
with the city administrator, city development coordinator and/or other
designated administrative officers before preparing a concept plan
in order to save time, money and to avoid potential unnecessary delays.
ii. Prior to formal application for approval of any PD, the applicant(s)
shall request and attend a pre-application conference with the city
administrator, city development coordinator and any other pertinent
city official(s) in order to become familiar with the city’s
development regulations and the development process.
(e) City staff review.
Upon official submission of a complete
application for PD approval, the city shall commence technical review
of the development proposal by forwarding a copy of the application
to development review team members, such as the city administrator,
development coordinator and any other pertinent city official(s).
Development review team members shall review the application and shall
ascertain its compliance with these and other applicable city regulations.
(f) Supplementation and corrections.
Following city staff
review of the plan and supporting documents, and following discussions
with the applicant on any revisions deemed advisable and the kind
and extent of improvements to be installed, the applicant shall resubmit
additional copies of the corrected or supplemented plan to the city
administrator within sixty (60) calendar days following the date on
which the applicant received official notification of the completion
of the review by the city administrator.
(g) Approval by administrator.
Prior to consideration by
the P&Z or City Council, all PD proposals must be reviewed by
City Staff. At staff’s discretion, the request may forward a
PD proposal to the P&Z and council with or without a recommendation.
(h) Action by P&Z/City Council.
i. The P&Z shall review the PD application and shall recommend approval,
approval subject to certain conditions, or disapproval of the PD.
If the P&Z recommends approval, with or without conditions, of
the plan, then it will be forwarded to the city council for consideration.
ii. The city council shall consider the PD application at a public meeting
following receipt of a determination by the P&Z. The city council
may also, where appropriate, remand the PD application back to the
P&Z for reconsideration if it believes that there is a compelling
reason to do so, such as the introduction of significant new facts
or testimony.
(i) Public hearing and notice.
i. The P&Z shall hold at least one public hearing on proposed amendments
to the PD ordinance.
ii. Notice of the P&Z hearing shall be accomplished by publishing
the purpose, time and place of the public hearing in the official
newspaper of the city before the 15th day before the date of the hearing
date of the public hearing.
iii. Written notice of the public hearing to occur before the P&Z
shall also be sent to all owners of property, as indicated by the
most recently approved city tax roll, that is located within the area
of application and within two hundred feet (200') of any property
affected thereby, said written notice to be sent before the 10th day
before the hearing date. Such notice may be served by using the last
known address as listed on the most recently approved tax roll and
depositing the notice, with first class postage paid, in the United
States mail.
(j) Administrative fees.
The city shall impose its standard
fees for the negotiation, preparation and implementation of PDs. These
fees shall be established by the city council in accordance with the
city’s rate schedule. The city may also recoup from applicants
any out-of-pocket expenses related to professional services the city
requires in order to design the PD.
(k) Grandfathering.
PD districts are an option available
to developers and the city. PD districts do not constitute a permit
required by law. For purposes of Texas Local Government Code chapter
245, the “project” shall be the endeavor described in
an approved PD master plan for an approved PD district.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
A. Historic District Regulations
(1) The City Council of Blanco hereby declares that as matter of public
policy the protection, enhancement, and perpetuation of landmarks
or district of historical and cultural importance and significance
is necessary to promote the economic, cultural, educational, and general
welfare of the public. It is recognized that the Blanco Historic District
represents the unique confluence of time and place that shaped the
identity of generations of citizens, collectively and individually,
and produced significant historic, architectural, and cultural resources
that constitute their heritage. This act is intended to:
(a) Protect and enhance the landmarks and districts which represent distinctive
elements of Blanco’s historic, architectural, and cultural heritage;
(b) Foster civic pride in the accomplishments of the past;
(c) Protect and enhance Blanco’s attractiveness to visitors and
the support and stimulus to the economy thereby provided;
(d) Insure the harmonious, orderly, and efficient growth and development
of the city;
(e) Encourage stabilization, restoration, and improvements of such properties
and their values.
B. Historic Preservation Commission
(1) The Blanco Historic Preservation Commission (hereafter referred to
as “Commission”) was created in 1986 by Blanco City Ordinance
#263. The Contents of City Ordinance #263 were amended in 1991 by
City Ordinance #298.
(2) The Commission shall consist of six (6) members to be appointed from
the residents in the City of Blanco and its extra-territorial jurisdiction
by the City Council. Up to two (2) members may live outside the extra-territorial
jurisdiction but inside the Blanco Independent School District. Skills
listed below should be used as available when making these appointments.
The commission may appoint two (2) to four (4) longtime residents
of the area to serve as advisors/historians on local historic matters.
These advisors/historians shall serve in a non-voting capacity for
a term of two (2) years. These are preferred representatives.
(a) An architect, planner, or representative of a design profession;
(c) A licensed real estate broker;
(e) An owner of a landmarked or a property in a historic district;
(f) A member of the Blanco County Historical Commission; and
(g) An archeologist or a related discipline.
(3) All Commission members, regardless of background, shall have a known
and demonstrated interest, competence, or knowledge in historic preservation
within the City of Blanco and shall actively participate in special
historic projects and assignments.
(4) Insofar as practicable the Commission as a whole shall represent
the ethnic makeup of the city.
(5) Commission members shall not serve on the Commission, City Council,
and Planning and Zoning Commission concurrently.
(6) Commission members shall serve for a term of two (2) years, with
the exception that the members of the first commission to be appointed,
two (2) shall be appointed to serve for two (2) years and four (4)
for one (1) year. The term shall expire on the first day of July of
the appropriate year. Any vacancy on the Commission shall be filled
by the Mayor for the remainder of the non-expired term. Recommendations
for members to serve shall be made by the Blanco Historic Preservation
Commission and appointed by the City Council. Any member of the Commission
who fails to attend at least seventy-five percent (75%) of all meetings
of the Commission within any twelve (12) months period shall be removed
from the board, unless such failure to attend was the result of illness
or other acceptable excuse as determined by the City Council.
(a) City Council will appoint all Commission members, the City Council
shall reappoint HPC members as their terms expired, only for the remainder
of the term. HPC member will serve until reappointed or a new appointment
is made. The HPC is authorized to recommend new members to Council.
(b) Any member may resign by submitting a letter of intent to the HPC
that has been read into the official BHPC minutes. Any member of the
Commission who fails to attend 75% of the meetings in one (1) calendar
year shall be removed from the Commission.
(c) The mayor shall be required to timely address any vacancies in order
that the Commission may always have a quorum.
(d) The Chair, Vice-Chair, and Secretary of the Commission shall be elected
by and from the members of the Commission.
(7) The Commission shall be empowered to:
(a) Make recommendations for employment of staff and professional consultants
as necessary to carry out the duties of the Commission.
(b) Prepare rules and procedures as necessary to carry out the business
of the Commission, which shall be submitted to the City Council for
ratification.
(c) Adopt criteria for the designation of historic, architectural, and
cultural landmarks and the delineation of historic districts, which
shall be ratified by the City Council.
(d) Conduct historic resource surveys and maintain an inventory with
photographs of significant historic, architectural, and cultural landmarks
and all properties located in historic district within the city[.]
(e) Recommend the designation of resources as landmarks and historic
districts.
(f) Create committees from among its membership and delegate to these
committees’ responsibilities to carry out the purposes of this
ordinance.
(g) Maintain written minutes which record all actions taken by the Commission
and the reasons for taking such actions.
(h) Recommend conferral of recognition upon the owners of landmarks or
properties within districts by means of certificates, plaques, or
markers.
(i) Increase public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs.
(j) Make recommendations to the city government concerning the utilization
of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the city.
(k) Approve or disapprove applications for Certificates of Appropriateness
pursuant to this act, as related to repair or renovation of historic
landmarks and construction of new buildings in the Historic District.
(l) Prepare and submit annually to the City Council a report summarizing
the work completed during the previous year.
(m) Prepare specific Design Guidelines for the review of landmarks and
districts.
(n) Recommend the acquisition of a landmark structure by the city government
where its preservation is essential to the purpose of this act and
where private preservation is not feasible.
(o) Propose tax abatement program(s) for landmarks or districts.
(p) Accept on behalf of the city government the donation of preservation
easements and development rights as well as any other gift of value
for the purpose of historic preservation, subject to the approval
of the City Council.
(8) The Commission shall meet at least quarterly or more frequently,
if business is at hand. Special meeting[s] may be called at any time
by the Chair, City Council, or on the written request of any two Commission
members. All meetings shall be held in conformance with the Texas
Open Meetings Act, Chapter 552 [551] of the Texas Government Code
Annotated.
(9) A quorum for the transaction of business shall consist of not less
than four (4) members present at a meeting.
(10) A member of the Commission is responsible for coordination [of] the
city’s preservation activities with those of state and federal
agencies and with local, state, and national nonprofit preservation
organizations.
(11) A member of the Commission shall not vote on an issue if he or she
has a direct or indirect financial interest in it.
C. Appointment of Historic Preservation Officer
The City Council shall appoint a qualified city employee to
serve as a Historic Preservation Officer. In making this appointment
the Council shall be sure the appointee is aware of the liability
issues involved in serving in this capacity. This officer shall administer
this ordinance and advise the Commission on matters submitted to it.
D. Designation of Historic Landmarks
(1) These provisions pertaining to the designation of historic landmarks
will be applied in conjunction with the Unified Development Code of
the City of Blanco.
(2) Property owners of proposed historic landmarks shall be notified
by certified mail fourteen (14) days prior to the Commission hearing
on the recommended designation. At the Commission’s public hearing,
owners, interested parties, and technical experts may present testimony
or documentary evidence which will become part of a record regarding
the historic, architectural, or cultural importance of the proposed
historic landmark.
(3) A property outside of the Historic District shall not be designated
a historic landmark without the property owner’s approval.
(4) Upon recommendation of the Commission, the proposed historic landmark
shall be submitted to the Planning and Zoning Commission within thirty
(30) days from the date of submittal of designation request. The Planning
and Zoning Commission shall give notice and conduct its hearing on
the proposed designation within forty-five (45) days of receipt of
such recommendation from the Commission. Such hearing shall be in
the same manner and according to the same procedures as specifically
provided in the Unified Development Code of the City of Blanco. The
Planning and Zoning Commission shall make its recommendation to the
City Council within forty-five (45) days subsequent to the hearing
on the proposed designation.
(5) The City Council shall schedule a hearing on the Commission’s
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the Planning and Zoning Commission. The City
Council shall give notice, follow the publication procedure, hold
hearing, and make its determination in the same manner as provided
in the Unified Development Code of the City of Blanco.
(6) Upon designation of a building, object, site, or structure as a historic
landmark or district, the City Council shall cause the designation
to be recorded in the Official Public Records of Real Property of
Blanco County, the tax records of the City of Blanco, and the Blanco
County Appraisal District as well as the official zoning maps of the
City of Blanco. All zoning maps should indicate the designated landmarks
with an appropriate mark.
(7) A copy of this ordinance will be provided via certified mail to each
owner, or new owner, or each historic landmark. Records will be maintained
by the Blanco Historic Preservation Commission to assure all owners
have been apprised of their responsibilities regarding historic landmarks
of the City of Blanco. All records will be kept at the city office.
E. Designation of Historic Districts
(1) These provisions pertaining to the designation of a historic district
will be applied in conjunction with the Unified Development Code of
the City of Blanco.
(2) Property owners within a proposed historic district shall be notified
by certified mail fifteen (15) days prior to the Commission’s
hearing on the recommended designation. At the Commission’s
public hearing, owners, interested parties, and technical experts
may present testimony or documentary evidence, which will become part
of a record regarding the historic, architectural, or cultural importance
of the proposed historic district. A majority vote must be obtained
from affected properly [property] owners before an area can be designation
[designated] historic.
(3) The City Council may, from time to time, following recommendation
either for or against such designation by the Blanco Historic Preservation
Commission, designate certain areas in the City as Historic Districts
and define, amend, or eliminate the boundaries of same. Initially
this area shall encompass the area shown on the attached map (appendix
C) [not printed herein]. Changes to the same may be initiated by any
person by request submitted to the Blanco Historic Preservation Commission,
which will forward its recommendation to the City Council.
(4) The Commission may recommend the designation of a District if it
contains properties and environmental setting that meets two or more
of the criteria for designation of a landmark and constitutes a distance
[distinct] section of the city.
(5) Upon recommendation of the Commission, the proposed Historic District
shall be submitted to the Planning and Zoning Commission within thirty
(30) days from the date of submittal of designation request. The Planning
and Zoning Commission shall give notice and conduct a hearing on the
proposed designation within forty-five (45) days of receipt of receipt
of such recommendation from the Commission. Such hearing shall be
in the same manner and according to the same procedures as specifically
provided in the Unified Development Code of the City of Blanco. The
Planning and Zoning commission shall make its recommendation to the
City Council within forty-five (45) days subject to the hearing on
the proposed designation.
(6) The City Council shall schedule a hearing on the Commission’s
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the Planning and Zoning Commission. The City
Council shall give notice, follow the publication procedure, hold
hearings, and make its determination in the same manner as provided
in the Unified Development Code of the City of Blanco.
(7) Upon designation of a historic district the City Council shall cause
the designated boundaries to be recorded in the Official public Records
of real property of Blanco County, the tax records of the City of
Blanco and the Blanco County Appraisal District as well as the official
zoning maps of the City of Blanco. All zoning maps should indicate
the designated historic district by an appropriate mark.
(8) Properly used classifications of all property included in a historic
district shall continue to be governed by the Unified Development
Code of the City of Blanco[.]
(9) Blanco Historic landmarks and map showing Blanco Historic District
are show in Appendices B and C [not printed herein].
F. Criteria for Designation of Historic Landmarks and Districts
(1) A historic landmark or district may be designated if it:
(a) Possesses significance in history, architecture, and culture.
(b) Is associated with events that have made a significant contribution
to the broad patterns of local, regional, state, or national history.
(c) Is associated with events that have made a significant impact in
our past.
(d) Embodies the distinctive characteristics of a type, period, or method
of construction.
(e) Represents the work of a master designer, builder, or craftsman.
(f) Represents an established and familiar visual feature of the neighborhood
or city.
G. Certificate of Appropriateness for Alteration or New Construction
Affecting Landmarks or Historic Districts (See Appendix D for copy
of Certificate of Appropriateness)
[Appendix D is not printed herein.]
(1) A proved [An approved] Certificate of Appropriateness is required
before beginning any work, other than ordinary maintenance, on historical
landmarks or property in a historical district. No person shall carry
out any new construction, reconstruction, alteration, restoration,
rehabilitation, or relocation of any historic landmark or any property
within a historic district, nor shall any person make any material
change in the light fixtures, signs, sidewalks, fences, steps, paving,
or other exterior elements visible from a public right-of-way which
affect the appearance and cohesiveness of any historic landmark or
any property within a historic district or other historical landmarks
specified in the Ordinance without an approved Certificate of Appropriateness.
(2) Nothing in this ordinance prevents the maintenance, repair, alteration
or modification of the interior of any landmark or property in a historic
district.
H. Criteria for Approval of a Certificate of Appropriateness
(1) In considering an application for a Certificate of appropriateness,
the Commission shall be guided by any adopted design guidelines, and
where applicable, the following from The Secretary of the Interior’s
Standards for Rehabilitation of Historic Buildings (see appendix E
[not printed herein]). Any adopted Design Guidelines and Secretary
of the Interior’s Standards shall be made available to the property
owners of historic landmarks or within historic districts.
(a) Every reasonable effort shall be made to adapt the property in a
manner which requires minimal alteration of the building, structure,
object, or site and its environment.
(b) The distinguishing original qualities or character of a building,
structure, object, or site and its environment shall not be destroyed.
The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
(c) All buildings, structures, objects, and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
(d) Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, object, or
site and its environment. These changes may have acquired significance
in their own light, and this significance shall be recognized and
respected.
(e) Distinctive stylistic feature or examples of skilled craftsmanship
which characterize a building, structure, object, or site shall be
kept where possible.
(f) Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should reflect the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historical, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(g) The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(h) Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to, any project.
(i) Contemporary design for alterations and additions do not destroy
significant, historical, architectural, or cultural material, and
such ensign [design] is compatible with the size, scale, color, material,
and character of the property, [and] neighborhood environment.
(j) Whenever possible, new additions or alterations to buildings, structures,
objects, or sites shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the building, structure, object, or site would be
unimpaired.
I. Certificate of Appropriateness Application Procedure
(1) Prior to the commencement of any work requiring a Certificate of
Appropriateness the owner shall file an application for such a certificate
with the Commission. The application shall contain: (See Appendix
D [not printed herein])
(2) No building permit shall be issued for such proposed work until a
Certificate of Appropriateness has first been approved by the Commission.
[sic]
(3) The Commission shall review the application at a regularly scheduled
meeting or a called meeting on the second Monday of the month, whichever,
comes first, at which time an opportunity will be provided for the
applicant to be heard. The Commission shall approve, deny or approve
with modifications the permit at the next regular meeting or the second
Monday of the month, whichever comes first after the review meeting.
In the event the Commission does not act within forty (40) business
days of the receipt of the application, a permit may be granted. (Passed
by City Council on 6/14/2016)
(4) All decisions of the Commission shall be in writing. The Commission’s
decision shall state its findings pertaining to the approval, denial,
or modification of the application. A copy shall be sent to the applicant.
Additional copies shall be filed as part of the public record on that
property and dispersed to appropriate departments, e.g., building
inspector.
(5) Existing structure and any new structure design must be inspected
and approved by a registered professional engineer. Copies of the
final report of the supervising registered professional engineer will
be provided to the City of Blanco and made a part of the building
records file.
(6) An applicant dissatisfied with the action of the Commission relating
to the issuance or denial of a Certificate of Appropriateness shall
have the right to appeal to the City Council within thirty (30) days
after receipt of notification of such action. The City Council shall
give notice, follow publication procedure, hold hearings, and make
its decision in the same manner as provided in the Unified Development
Code of the city.
J. Certificate of Appropriateness Required for Demolition
(1) A permit for the demolition of a historic landmark or property within
a historic district, including secondary buildings and landscape features,
shall not be granted by the building inspector or other city official
without the review of a completed application for a Certificate of
Appropriateness by the Commission, as provided for in Sections 8,
9, and 10 of the ordinance [sic].
K. Economic Hardship Application Procedure
(1) After receiving written notification from the Commission of the denial
of Certificate or Appropriateness, an applicant may commence the hardship
process. No building permit or demolition permit shall be issued unless
the Commission makes a finding that hardship exists.
(2) When a claim of economic hardship is made due to the effect of this
ordinance, the City Council shall require the owner to prove that:
(a) The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(b) The property cannot be adapted for any other use, whether by the
current owner or by the purchaser, which would result in a reasonable
return; or
(c) Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(3) The applicant shall consult in good faith with the Commission, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
Such efforts must be shown to the Commission.
(4) The Commission shall hold public hearing on the application at a
regularly scheduled meeting or a called meeting on the second Monday
of the month whichever comes first. Following the hearing, the Commission
has until the next regularly scheduled meeting or a called meeting
on the second Monday of the month, whichever comes first, in which
to prepare a written recommendation to the Building Inspector. In
the event the Commission does not act within forty (40) business days
of the receipt of the application a permit or permits may be granted.
(Passed by City Council on 06/14/2016)
(5) All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail and a copy filed with the
city clerk’s office for public inspection. The Commission’s
decision shall state the reasons for granting or denying the hardship
application.
(6) An applicant for a Certificate of Appropriateness dissatisfied with
the action of the Commission relating to the issuance or denial of
a Certificate of Appropriateness shall have the right to appeal to
the City Council within thirty (30) days after receipt of notification
of such action. The City Council shall give notice, follow publication
procedure, hold hearings, and make its decision in the same manner
as provided in the Unified Development Code of the city.
L. Enforcement
(1) All work performed pursuant to a Certificate of Appropriateness issued
under this ordinance shall conform to any requirements included therein.
It shall be the duty of the building inspector to inspect periodically
any such work to assure compliance. In the event work is not being
performed in accordance with the Certificate of Appropriateness, or
upon notification of such fact by the Commission, the building inspector
shall issue a Stop Work order and all work shall immediately cease.
No further work shall be undertaken on the project as long as a Stop
Work is in effect.
(2) A property owner dissatisfied it [with] the action of the Commission
relating to the enforcement of a Certificate of Appropriateness shall
have the right to appeal to the City Council within thirty (30) days
after receipt of notification of such action. The City Council shall
give notice, follow publication procedure, hold hearings, and make
its decision in the same manner as provided in the Unified Development
Code of the city.
M. Ordinary Maintenance
(1) Nothing in this ordinance shall be construed to prevent ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within a historic district which does not involve
a change in design, material, or outward appearance. In-kind replacement
or repair is included in this definition of ordinary maintenance.
N. Demolition by Neglect
(1) No owner or person with an interest in real property designated as
a landmark or included within a historic district shall permit the
property to fall into serious state of disrepair so as to result in
the deterioration of any exterior architectural feature which would,
in the judgment of the Commission, produce a detrimental effect upon
the character of the historic district as a whole or the life and
character of the property itself.
(2) Examples of such deterioration include:
(a) Deterioration of exterior walls or other vertical supports.
(b) Deterioration of roof or other horizontal members.
(c) Deterioration of exterior chimneys
(d) Deterioration or crumbling of exterior stucco or mortar.
(e) Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors.
(f) Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
O. Penalties
(1) Failure to comply with any of the provisions of this ordinance shall
be deemed a violation and the violator shall be liable for a misdemeanor
charge and be subject to a fine determined by the city for each day
the violation continues.
(Ordinance adopted 11/10/20)
(1) Purpose.
Nonconforming uses are lawful uses within a zoning district
that do not conform to the requirements of this Code when it is adopted,
or when any amendments thereto, take effect. The purpose of this section
is to provide for recognition of such uses and procedures for bringing
such uses into conformance.
(2) Description.
(a) Any use of property existing at the time of the passage of this section
of the Code or that exists when land is annexed into the city that
does not conform with regulations prescribed in the preceding sections
of this Code shall be deemed a nonconforming use.
(b) A nonconforming use of land may be continued, but if said nonconforming
use is discontinued for a period of time in excess of six (6) consecutive
months, any future use of said premises shall be in conformance with
the provisions of this Code.
(c) A nonconforming use of a building may be continued although such
does not conform to the provisions hereof, and such use may be extended
throughout the building provided no structural alterations except
those required by law or ordinance age made therein.
i. If no structural alterations are made, a nonconforming use of the
building may be changed to another nonconforming use of the same or
more restricted classification.
ii. If a nonconforming use of a building is changed to a nonconforming
use of a more restricted classification (ex. from high density residential
to low density residential), it shall not later be reverted to the
less restricted classification.
(d) The right to maintain the nonconforming use shall be subject to such
regulations related to maintenance of the premises and conditions
of operation as may be reasonably required for the protection of adjacent
property in the judgment of the Board of Adjustment.
(e) A nonconforming use shall not be extended or rebuilt in case of obsolescence
or total destruction by fire or other cause. In cases of partial destruction
by fire or other causes, not exceeding fifty (50) percent of its value,
the building inspector shall issue a permit for reconstruction. If
greater than fifty (50) percent and less than the total the Board
of Adjustment may grant a permit for repair after public hearing and
having due regard for the property rights of the persons affected
when considered in the light of the public welfare and the character
of the area surrounding the designated nonconforming use and of the
conservation and preservation of property.
(f) A violation of this code provision and a request for nonconforming
designation or request for relief under this designation shall not
create estoppels of the trial of any lawsuit which may be filed in
any court.
(g) Notwithstanding any other provisions of this chapter, any legal nonconforming
use of property existing as of July 9, 2019 that does not conform
to the regulations prescribed in this Code shall be deemed a non-conforming
use, subject to the provisions contained in this section.
(Ordinance adopted 11/10/20)
(1) Applicability:
The provision[s] of this Section applies to any Application
for Development Approval in which the Applicant claims an exemption
from any provision of this Chapter based on common law or statutory
vested right.
(2) Criteria:
(a) Common law vested rights shall be acknowledged by the City Staff
after consultation with the City Attorney if the applicant for common
law vested rights does not demonstrate entitlement to statutory vested
rights as provided in this section. A request for such an acknowledgement
must include documents establishing the criteria listed below together
with an application review fee to offset the City’s costs. The
City Staff may request additional relevant material prior to issuing
the acknowledgement. The applicant for common law vested rights must
show compliance with the following criteria for the specific project
to obtain such rights:
i. In reliance upon properly issued permits or approvals the applicant
made substantial financial commitments or assumed substantial financial
obligations within the purview of the activities authorized by said
permit or approvals; and
ii. The applicant proceeded in good faith, and no approvals or permits
have lapsed or been revoked; and
iii. The applicant has sufficiently and legally established any other
factor that may demonstrate vested rights under State or Federal law.
(b) Statutory Vested Rights:
No Vested Rights Determination
that is requested as a basis for approval of an Application for Development
Approval shall be issued unless the applicant demonstrates entitlement
to common law vested rights as provided in the subsection above and
demonstrates compliance with the following criteria for statutory
vested rights:
i. The applicant used its property or filed an application as provided
in Texas Local Government Code Section 43.002 prior to annexation
by the City of Blanco, and the regulations against which vested rights
are claimed are not subject to an exemption as provided in Texas Local
Government Code Section 43.0002 (c).
ii. The applicant filed an application as provided in Texas Local Government
Code Chapter 245 prior to adoption of the regulations pursuant to
which vested rights are claimed, that the regulations which are the
basis for the claim of vested rights are not subject to an exemption
as provided in Texas Local Government Code Section 245.004 and that
the project has not become dormant as defined in Texas Local Government
Code Section 245.005 and this Chapter.
(c) A project with previously vested rights becomes dormant if:
i. No progress has been made towards completion of the project on the
fifth anniversary of the date the first permit application was filed
for the project.
(d) An individual permit associated with a project becomes dormant if:
i. No progress has been made towards completion of the project on the
second anniversary of the date the application for the individual
permit was filed for the project.
(3) Consent
Agreements:
(a) Any Applicant for Vested Rights Determination may apply for Consent
Agreement Approval provided that the requirements of subsection (d)
of this Section [sic] are satisfied or the required approval is for
one (1) or more, but less than all phases of the proposed development.
i. An application for Consent Agreement Approval may be approved subject
to compliance with requirements of a Consent Agreement.
ii. An application for a Consent Agreement Approval may be filed concurrent
with an Application for a Vested Rights Determination, or at any time
prior to approval of a final decision relating to an Application for
a Vested Rights Determination by the City Attorney or the City Council.
(b) Terms and Conditions Consent Agreement shall be signed by the City
Attorney, the City Staff, and the Applicant and shall include the
following terms and conditions:
i. A legal description of the subject property and the names of the
legal and equitable owners;
ii. The duration of the consent agreement and the conditions that will
result in revocation;
iii. The uses permitted on the property, including population densities
and/or building intensities and height;
iv. A description of the public facilities that will service the proposed
development, including who shall provide such facilities; the date
any new facilities, if needed, will be constructed; and a schedule
to assure that public facilities are available concurrent with the
impacts of the development;
v. A description of any preservation or dedication of land for public
purposes;
vi. A description of all development approvals, permits, or other local
or State approvals needed for the proposed development;
vii. A description of any conditions, terms restrictions, or other requirements
determined to be necessary for the preservation and protection of
the public health, safety, or welfare;
viii.
A statement indication [indicating] that the omission of a limitation
or restriction shall not relieve the Applicant of the necessity of
complying with all applicable local, state and federal laws;
ix. A phasing plan indication [indicating] the anticipated commencement
and completion date of all phases of the proposed development; and
x. A statement that the City Attorney and City Staff shall review progress
pursuant to the consent agreement at least once every twelve (12)
months to determine if there has been demonstrated good faith compliance
with the terms of the consent agreement.
(c) Failure to comply with Consent Agreement:
If the City
Council finds, on the basis of substantial competent evidence that
the applicant has failed to comply with the terms of the Consent Agreement,
the Consent Agreement may be revoked or modified by the City Council
after public hearing which has been noticed by publication, and for
which written notice has been expressly provided to the Applicant.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
(1) Purpose.
(a) This section provides a methodology for the registration of permits,
and permit applications, with the City Staff so that a determination
can be made as to whether that permit or permit application is one
that would afford a project with the “vested rights” as
provided in Chapter 245 and Section 43.002 of the Texas Local Government
Code. The purpose for such registration and determination is to assist
City Staff in their review of the applicability of Chapter 245 or
Section 43.002 to a particular project.
(b) This section shall not apply to a claim or right under common law,
a federal or state statue, other than Chapter 245 or Section 43.002,
or the state or federal constitutions.
i. Any claim or right made under any law or authority, other than Chapter
245 or Section 43.002, shall be made to the City Staff in writing.
ii. The City Staff shall advise the City Attorney of the claim, and the
City Attorney shall make a determination of the validity of the claim
within twenty (20) days of its receipt by the City; provided, however,
that the twenty (20) day period shall not begin to run until all requisite
information to support the claim has been submitted.
iii. Additionally, as provided in subsection (g) [(2)(f)] of the section,
this section shall not apply to the types of ordinances, or other
governmental action, enumerated in VTCA Local Government Code Section
245.004 or exempt from the requirements of Local Government Code Section
43.002.
(2) Vested
rights recognition process:
(a) Initiation:
An application may be made to the City Staff
for recognition of vested rights for a particular project by completion
of a form provided by the City Staff that indicates which permit or
permits are being relied upon by the applicant for establishment of
vested rights. The applicant shall provide the City Staff with a completed
application together with a permit application review fee required
by the City and two (2) copies of any document’s applicant is
relying upon to establish vested rights.
(b) Review and Approval:
i. After receiving an application for recognition of vested rights,
the City Staff shall review the application and approve, deny or request
additional information to be provided by the applicant for consideration
within twenty (20) business days.
ii. Should the permit, which is the basis for vested rights recognition,
have been issued by a governmental agency other than the City, the
City Staff shall request the City Attorney to determine whether the
permit establishes rights under Chapter 245 of the Texas Local Government
Code.
iii. In the event the City Staff does not respond to an application for
vested rights within (20) business days, the application will be considered
denied. Provided, however, the time period may be extended upon the
written request of the applicant.
iv. Upon review of the application, if the City Staff finds that the
applicant has provided sufficient information to establish that one
(1) or more legally sufficient and applicable permit(s) exists on
a project, the City Staff shall issue a certificate to the applicant
recognizing vested rights for the project which shall be dated and
signed by the City Staff.
v. The City Staff shall review all certificates prior to issuance to
ensure it clearly indicates the term and conditions (indicated above)
required for the continuation of the recognition of the vested rights.
vi. In the event the City Staff requests additional information for consideration
of an application, the applicant shall be notified in writing within
the required time period of specifically what information must be
submitted in order to complete the review of the application.
vii. Should the application be denied, the City Staff may enumerate in
writing any and all reasons for such denial, which shall be delivered
to the applicant within the time period allowed for review.
(c) Recordation:
The City Staff shall create a file of all
certificates issued pursuant to this Section of the Code that will
be available for the public’s review during regular business
hours. At a minimum the file should contain all certificates issued
for a three-calendar-year period and should be reviewed annually to
remove certificates more than three (3) years old. Certificates more
than three (3) years old may be made available in conformance with
the Public Information Act.
(d) Vested rights recognition process appeal:
In the event
an applicant for recognition of vested rights is denied recognition
of a vested right by the City Staff and is aggrieved by such action
or by the application of the above requirements, the applicant may
appeal the decision of the City Staff to the City Council by filing
a request for appeal with the City Staff within fifteen(15) calendar
days from the date the applicant is notified of the adverse decision
or action taken. The application for appeal shall be made in writing
and shall contain the applicant’s factual and/or legal rationale
for the appeal. The City Staff shall place the appeal on the next
agenda of the City Council and the City Council shall hold a hearing
on the appeal and make its ruling within thirty (30) days from the
date the hearing is held by the City Council. The city clerk shall
schedule the hearing of the final appeal at the earliest regularly
scheduled meeting of the City Council and comply with the requirements
of the Texas Open Meetings Act. The decision of the City Council shall
be final.
(e) Waiver:
i. An individual, or business entity, that has applied for a vested
rights determination may request a waiver from the time limit required
action, or term that would otherwise cause the vested rights to expire.
An individual requesting a waiver shall make written application to
the City Staff and pay the required fee. A request for waiver shall
identify the specific provisions for which a waiver is being requested
and the reasons that justify granting the waiver. The City Staff shall
review the application for waiver and provide a written recommendation
with regard to whether the waiver should be granted, conditionally
granted or denied to the City Council within thirty (30) days from
the date the application for waiver is filed. In the event the City
Council fails to make a ruling on the waiver within sixty (60) days
from the date the application for waiver is filed, the application
for waiver shall be deemed denied. Provided, however, the time period
may be extended upon the written request of the applicant. In order
to grant a waiver from the provisions of this section, the City Council
must find, that:
1. The applicant would suffer a hardship in the absence of a variance
that is not the result of the applicant’s own negligence; and
2. The applicant has been actively and diligently attempting to pursue
and complete development of the project that is the subject of the
vested rights; and
3. Compliance with rules and regulations that were enacted after the
application for recognition of vested rights would cause a substantial
economic hardship to the developer/property owner that would preclude
the capability of completing the project in a reasonable and prudent
manner.
ii. The City Staff shall schedule the hearing of the appeal at the earliest
regularly scheduled meeting of the City Council that will allow compliance
with the requirements of the Texas Open Meeting Act. The decision
of the City Council shall be final.
(f) Exemption from vested rights:
i. The types of ordinances enumerated in Local Government Code Section
245.004 are exempt from this section and will apply to a project or
ordinance or the existence of vested rights for the project.
ii. Future ordinances:
Any ordinance that concerns the development
of real property and is adopted after the adoption of this Code, which
incorporates this section into the Code, may specifically state whether
it is the type of ordinance that is exempted by Section 245.004. However,
the absence of such a statement shall not be determinative as to whether
the ordinance is or not exempted.
iii. Existing ordinances:
The section shall not be applicable
to any ordinance that concerns the development of real property; as
adopted prior to the adoption of this chapter and is exempted by Section
245.004 from the protection provided by Chapter 245.
iv. Determination by City Attorney:
Should a question arise
as [to] Government Code Chapter 245 the City Staff shall request an
opinion from the City Attorney and the City Attorney shall render
a decision.
(g) Duration:
This section shall not extend the time of
validity for any permit. Any rights recognized by the application
of this section shall not extend beyond the time periods prescribed
for the validity of the permit or permits that were submitted for
recognition except by the granting of a variance from the time limit
as provided herein.
(h) Voluntary compliance:
Nothing herein would prohibit
any applicant from the voluntary compliance with any future ordinance,
regulation or incentive.
(i) Chapter 245 of Texas Local Government Code adopted.
Chapter 245 of the Texas Local Government Code, As adopted in 2001
by the 77th Legislature Regular session is hereby adopted and incorporated
by reference herein. Should 245 be repealed by the Legislature it
shall remain effective as part of this Code for one year from the
date of such repeal. During said period City Council shall take action
it deems necessary to provide municipal protection for ongoing projects
from the adverse impact of unanticipated subsequent regulations.
(Ordinance adopted 11/10/20)
(1) General.
(a) Purpose.
This section is adopted so that the city council
may enact the appropriate administrative and regulatory rules and
procedures pertaining to mobile food vendors.
(b) Scope of jurisdiction.
All of the provisions of this
article shall apply within the city limits (i.e., incorporated municipal
boundary) of the city.
(c) Definitions.
City.
The City of Blanco, a municipality located in Blanco County,
Texas.
City limits.
The incorporated municipal boundary of the city.
Food court.
Two or more mobile food vendors in the same location.
Food establishment.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption:
i.
Such as a restaurant; retail food store; satellite or catered
feeding location; catering operation if the operation provides food
directly to a consumer or to a conveyance used to transport people;
market; vending location; conveyance used to transport people; institution;
or food bank; and
ii.
That relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as home delivery of
grocery orders or restaurant takeout orders, or delivery service that
is provided by common carriers.
iii.
Exemptions: Non-profit food distribution organizations such
as Good Samaritan food distribution, Meals on Wheels, and Lunches
of Love.
Location.
Any place a food vendor parks to initiate business shall
be considered a location.
Mobile store/mobile vendor.
A vehicle-mounted retail store that is readily moveable and
provides goods and/or services directly to a consumer. A mobile store
includes (but is not limited to) a self-propelled motor vehicle or
trailer, including a recreational vehicle, motor home, travel trailer
or camper trailer. A mobile food establishment is an example of a
mobile store. The term mobile store includes a mobile vendor.
Permit.
A license, certificate, approval, registration, consent,
contract or other form of authorization required by law, rule, regulation,
order or ordinance that a person shall obtain to perform an action
or initiate, continue, or complete a project for which the permit
is sought.
Person.
A human individual, agency, association, corporation, partnership
or sole proprietorship.
Site.
A platted or unplatted lot in the city limits treated as
a single tract for purposes of the assessment of property taxes. A
site may be identified by its address, or legal property description.
(d) Electricity.
Electricity shall be only from a generator
or an electrical outlet via a portable cord that conforms to the city’s
electrical code and permitted by any provider.
(e) Fire safety.
Mobile food vendors shall comply with all
City fire safety standards. This requirement also applies to mobile
food establishments that:
i. Maintain food at a hot holding temperature by mechanical means; and
ii. Use a pressurized fuel system or container.
(f) Trash.
All mobile food vendors shall:
i. Be equipped with an attached trash receptacle approved by the City
staff;
ii. Hold, store, and dispose of solid and liquid waste in a receptacle
approved by the city and that complies with any other applicable City
code requirements;
iii. Provide a trash receptacle for use by customers; and
iv. Maintain the area around the mobile unit clear of litter and debris
at all times.
(g) Provisions.
i. All mobile food vendors shall comply with all City and state adopted
health regulations regarding:
1. Time, temperature, plumbing, operation and maintenance requirements
for mobile food establishments;
2. A mandatory central preparation facility, serving area, and operations;
3. All requirements prohibiting alteration, removal, attachments, placement
or change in, under, or upon the mobile food establishment that would
prevent or otherwise reduce ready mobility of the mobile food establishment
unit.
4. All sanitary requirements must be met,
ii. All mobile food vendors shall acquire a food handling permit from
a training program of the American National Standards Institute or
Department of State Health Services; but rules are more substantial,
as deemed appropriate by the city, if vendor is at a same location
for at least 10 days out of a month.
iii. If any mobile food vendor remains at a same location for longer than
10 days, a special use permit is required.
iv. The city may require a mobile food vendor to come, on an annual basis,
to a location designated by the health authority for an inspection.
v. The city may require that mobile food vendors found to violate this
section shall come for a reinspection at a location designated by
the city.
vi. All mobile food vendors are required to store all food and supplies
within the mobile unit or associated trailer/truck bed.
vii. All mobile food vendors are required to have displayed on the mobile
unit the proper city-issued permits and licenses in order to operate
within the city.
viii.
All mobile food vendors are permitted to operate only in the zoning districts specified in UDC Chapter
4, Table 4.2: Use Table.
ix. All mobile food vendors are prohibited from operating between the
hours of 11:00 p.m. and 6:00 a.m. unless allowed to operate between
those hours for a special reason by permit.
x. All mobile food vendors are prohibited from being located within
150 feet of a restaurant (drive-in service; with drive-through service;
with no drive-through service) unless granted permission from all
said restaurants. The noise level of mechanical equipment or outside
sound equipment used in association with any mobile food vendor may
not exceed 70 decibels when measured at the property line that is
across the street from or abutting a residential use. An exemption
to this provision for permission is made when a mobile food vendor
is set up for and during the occurrence of a temporary and City-sanctioned
festival and/or musical or art event, in which case a permit is covered
by the event.
xi. A drive-in service is not permitted for any mobile food vendor.
xii. All mobile food vendors are limited to signs attached to the exterior
of the mobile vendor. This does not include signage that wraps around
a vehicle, for which there is no limitation. The signs attached to
the exterior of the vehicle shall:
1. Be secured and mounted flat against the mobile unit;
2. Not project more than six inches from the exterior of the mobile
unit; and
3. Also not exceed one (1) sandwich board sign.
xiii.
All mobile food vendors shall comply with the federal Americans
with Disabilities Act.
(h) Mobile food courts.
i. Permanent food courts authorized by special use permit.
A Special Use Permit (SUP) is required to establish a permanent food
court, following procedures for a Special Use Permit (SUP) is required
to establish a permanent food court, [sic] following procedures for
SUPs in the City Code of Ordinances.
ii. Permanent mobile food courts shall comply with the following requirements:
1. All mobile food establishments situated on the property shall be
located on an impermeable surface, such as concrete or rolled asphalt,
or a stable permeable surface such as decomposed granite;
2. All mobile food establishments that remain on the property overnight
shall have:
a. Temporary connections for electricity;
b. Pavilions with shade and similar seating areas (i.e. shaded picnic
tables) for customers shall be provided[.]
(2) Special
Event Temporary Food Court.
A mobile food court at which
a mobile food vendor shall be in place for no more than 10 days may
apply for a mobile food court permit without applying for a special
use permit, but only in districts in which a mobile food court is
allowed in the Use Chart. Temporary food courts shall provide all
information required by the Permit Application before establishing
the temporary food court.
(3) Enforcement.
(a) Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b) Criminal offense.
i. It is a criminal offense to erect, install, park or operate a mobile
food store in violation of this article.
ii. Per section 6.02(b) of the Texas Penal Code, an offense under this
article is a strict liability offense requiring no showing of a culpable
mental state.
iii. An offense under this article is a misdemeanor punishable by a fine
not to exceed two thousand dollars ($2,000.00).
(c) Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including, but not limited to the following:
i. Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
ii. A civil penalty up to five hundred dollars ($500.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(4) Permits,
Prohibitions, and Exceptions.
(a) City authority.
The city’s acceptance, review,
and approval of all permits for mobile vendors is hereby enacted.
(b) Permit required.
i. It is an offense for a person to operate a mobile food store in the
city limits without a mobile food vendor permit.
ii. It is an offense for a person to conduct sales at a mobile food store
in the city limits without a mobile food vendor permit.
iii. It is an offense for a person to erect or install a mobile food store
in the city limits without a mobile food vendor permit.
(c) Permit application.
A person who seeks to operate a
mobile food establishment, including a mobile food vendor or a mobile
food court, shall:
i. Submit a written application to the city, which shall include the
following information:
1. Zoning District for proposed mobile food vendor location
2. Map of location and diagram/concept plan
4. Copy of event permit, if applicable
6. Access to roads/driveways
7. Any variances or special exceptions being requested
8. Utilities specifications (gas, electricity)
9. SUP application if mobile food vendor will stay at same location
for over ten (10) consecutive days
11. Proposed hours and days of operation
12. Solid waste disposal (both for mobile food vendor and trash receptacle
for patrons)
13. Location and name of individual mobile food vendors, if more than
one vendor is requested.
14. Additional information as required by staff if deemed necessary
ii. Include with the application proof of:
1. Sales tax certificate; and
2. Be given a sales tax report form by the city.
(5) Tax
certificate.
Mobile food vendors shall possess during
hours of operation a city tax certificate showed as paid.
(6) Permit
revocation.
A vendor’s mobile food vendor permit
shall be revoked if any of the provisions of this article are not
strictly adhered to.
(7) Special
Use Permits for Mobile Food Vendors.
(a) Special Use Permits are required for any mobile food vendor that
remains at a same location for longer than 10 days. Regulations for
SUPs that mobile food vendors must adhere to are as follows:
Description: A special use is a land use that, because of its
unique nature, is compatible with the permitted land uses in a given
zoning district only under certain conditions. Such conditions include
a determination that the external effects of the special use in relation
to the existing and planned uses of adjoining property and the neighborhood
can be mitigated through imposition of additional standards and conditions.
This subsection sets forth the standards used to evaluate proposed
special uses and the procedures for approving Special Use Permit (SUP)
applications.
(b) SUP Required:
No special use for a mobile food vendor
that remains for longer than ten days shall be established within
a zoning district until a Special Use Permit is issued by the City.
An application for a Mobile Food Vendor SUP shall be accompanied by
a site plan prepared in the manner described in this section. The
site plan shall illustrate the proposed use to be established, its
relationship to adjoining properties, and how it meets the approval
standards set forth below in this section.
(c) Status of a Special Permitted Mobile Food Vendor Use:
i. The designation of the mobile food vendor use in a zoning district
as a special use does not constitute an authorization or assurance
that such use will be approved.
ii. Approval of a SUP shall authorize only the particular mobile food
vendor for which the specific SUP is issued.
iii. No mobile food vendor authorized by a SUP shall be enlarged, extended
or relocated, nor may the number of mobile food vendors be increased,
unless an application is made for approval of a new SUP in accordance
with the procedures set forth in this Section.
iv. Development of the mobile food vendor shall not be carried out until
the applicant has secured all the permits and approvals required by
these zoning regulations, the City Code of Ordinances, or any permits
required by regional, State and Federal agencies.
(d) Application for SUP:
Application Requirements: An application
for a SUP may be submitted by the property owner or by the property
owner’s designated representative to the City. The application
shall be accompanied by a site plan prepared in accordance with the
requirements of this Chapter. If a zoning amendment is required or
requested in writing, such application shall accompany the application
for a SUP.
(e) Procedures for SUPs:
i. P&Z Recommendation:
Upon receipt of the recommendation
from the City Administrator or Mayor, the P&Z shall conduct a
public hearing in order to formulate its recommendations to the City
Council on the SUP application. Following the public hearing, the
P&Z shall recommend approval, approval subject to modification,
or denial of the proposal to the City Council. If the appropriateness
of the use cannot be assured at the location, the P&Z shall recommend
denial of the application as being incompatible with existing uses
or with other uses permitted by right in the district. P&Z Recommendation
will not be used for non-permanent food court/mobile food vendors
for city-sponsored events.
ii. City Council Action:
The City Council shall be the final
decision-maker on applications for SUPs. Following a public hearing,
and in consideration of the P&Z’s recommendations, the City
Council shall approve, modify or deny the proposal for a SUP. If the
appropriateness of the use cannot be assured at the location, the
application for SUP shall be denied as being incompatible with existing
uses or with other uses permitted by right in the district.
(f) Standards: Factors for Consideration:
When considering
applications for a SUP for mobile food vendor, the P&Z and the
City Council shall evaluate the impact of the special use on, and
the compatibility of the use with, surrounding properties and neighborhoods
to ensure the appropriateness of the mobile food vendor at a particular
location. Decisions shall be rendered on the basis of the site plan
and other information submitted. The P&Z and the City Council
shall specifically consider the extent to which:
i. The proposed use at the specified location is consistent with the
policies embodied in the Comprehensive Concept Plan;
ii. The proposed mobile food vendor is consistent with the general purpose
and intent of the applicable zoning district regulations;
iii. The proposed use meets all development, utility, and infrastructure standards specifically applicable to the use, as established in Chapter
6: Infrastructure and Public Improvements of the UDC;
iv. The proposed mobile food vendor is compatible with and preserves
the character and integrity of adjacent development and neighborhoods.
v. The proposed use is not materially detrimental to the public health,
safety, convenience and welfare, or results in material damage or
prejudice to other property in the vicinity.
(8) Conditions:
In approving the application, the P&Z may recommend, and
the City Council may impose such conditions as are reasonably necessary
to assure compliance with these standards and the purpose and intent
of this Section. Any conditions imposed shall be set forth in the
motion approving the special use and shall be incorporated into or
noted on the site plan for final approval. The City Administrator
or designee shall verify that the site plan incorporates all conditions
set forth in the special use and shall sign the plan to indicate final
approval. The City shall maintain a record of such approved special
uses and the site plans and conditions attached thereto.
(9) Expiration,
Extension and Termination:
The expiration, extension
and termination of a SUP shall be governed by the following rules:
(a) A SUP may be approved for a term not to exceed two (2) years.
(b) SUPs for existing uses and/or structures may be renewed for successive
two (2) year periods by the City Admin or Mayor.
(c) Extension of SUP:
If a SUP expires, or if the requisites
of subsection (b) above are not met, two (2) extensions of six (6)
months each in length may be granted, unless otherwise specified by
ordinance. If no request for extension of a SUP is submitted, then
the SUP shall be null and void.
(d) Determination of Extension:
In determining whether to
grant a request for extension of a SUP, the City Council shall take
into account the following factors:
ii. Ability of the property owner to comply with any special conditions
attached to the original approval;
iii. Extent to which development regulations would apply to the plan at
that point in time;
iv. History of code compliance at the premises;
v. Consistency of the SUP with the current Comprehensive Plan.
The City Council shall either extend the SUP or deny the request,
in which instance the originally approved SUP shall be deemed null
and void. The property owner may thereafter submit a new plan application
for rezoning or a SUP and shall conform to the regulations then in
effect.
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(e) Revocation:
The City Administrator may revoke a SUP
for failure to comply with municipal regulations and the conditions
placed on the use.
(f) Amendment:
No proposed or existing mobile food vendor
shall be altered, or otherwise changed from that approved in the special
use permit, unless such amendment is authorized in accordance with
the standards and procedures set forth in this Section, and the SUP
and approved site plan are amended accordingly.
(g) Transferability:
A SUP is issued to a specific person
or entity, and as such is nontransferable. A SUP is personal to a
particular applicant. It does not run with the land. Subsequent purchasers
or tenants seeking to continue the special use on the premises may
apply for a new SUP.
(10) Food Courts:
(a) Food Courts Authorized by Special Use Permit.
Any Food
Court shall obtain a special use permit as listed above before establishing
a Food Court and shall submit all information required by the Permit
Application to the City before the City shall review its application
for a Special Use Permit.
(b) Portable Restrooms.
All mobile food vendor courts with
multiple vendors set up shall provide city-approved portable restrooms
for customers.
(c) Special Event Temporary Food Court.
A mobile food court
at which no mobile food vendor shall be in place for more than 10
days may apply for a mobile food court permit without applying for
a special use permit, but only in districts in which a mobile food
court is allowed in the Use Chart. Temporary food courts shall provide
all information required by the Permit Application before establishing
the temporary food court.
(11) Currently Operating Mobile Food Vendors.
(a) Any mobile food vendor who has been continuously operating within
the City of Blanco for two (2) years prior to September 2018 has until
September 2021 to come into compliance with the permit application
and location requirements of this ordinance. In order to be eligible
for deferral of compliance the Mobile Food Vendor shall:
i. Provide a copy of a current food handler license as addressed above;
and
ii. Provide proof that the mobile food vendor has operated in the City
of Blanco for two (2) years.
(b) All mobile food vendors shall still comply with all other City ordinances
including those related to health inspections for restaurants.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)