3.1.1
It
is intended that these regulations be interpreted as not permitting
a dwelling unit to be located on the same lot with or within a structure
used or intended to be used primarily for nonresidential purposes,
except within the Central Business District.
3.1.2
On
any lot separately owned on the date this Ordinance becomes effective,
a single-family dwelling may be erected even though such lot has less
area than required by these regulations.
(Ordinance 2018-555 adopted 10/16/18)
3.2.1
Only
one main building on land used for a single-family dwelling, a two-family
dwelling, a manufactured home outside an MH Park, or a townhouse with
permitted accessory buildings may be located upon a lot or un-platted
tract. Every single-family dwelling, two-family dwelling, and townhouse
shall face or front upon a street or officially approved place, other
than an alley, which means of access shall have a minimum width of
twenty (20) feet.
3.2.2
Land
used for limited retail or industrial purposes, may have more than
one (1) main building located upon a single lot or un-platted tract,
but only when such buildings conform to all the open space, parking
and density requirements applicable to the uses and district, and
when all such main buildings face upon a street or officially approved
place, other than an alley.
3.2.3
Whenever
two (2) or more main buildings, or portions thereof, are placed upon
a single lot or tract, such developments shall be presented to Planning
and Zoning Commission and then to City Council for approval, and shall
comply with City platting requirements.
3.2.4
Temporary
construction buildings shall be removed from the site within ten (10)
days of completion of the construction project.
(Ordinance 2018-555 adopted 10/16/18)
3.3.1
The
following requirements are intended to provide exceptions or qualify
and supplement, as the case may be, the specific district regulation
set forth in this Ordinance.
3.3.2
An
open space or lot area required for an existing building or structure
shall not be counted as open space for any other building or structure.
3.3.3
Open
eaves, cornices, window sills, and belt courses may project into any
required yard a distance not to exceed three (3) feet. Open uncovered
porches or open fire escapes may project into a front or rear yard
a distance not to exceed ten (10) feet.
3.3.4
Where
the dedicated street right-of-way is less than fifty (50) feet wide,
the front yard depth shall be determined by measuring fifty (50) feet
back from the center line of the street easement.
3.3.5
No
dwelling shall be erected on a lot which does not abut on at least
one street, at least fifty (50) feet in width, for at least thirty-five
(35) feet. A street shall form the direct and primary means of ingress
and egress. A garage apartment may be built to the rear of a main
dwelling if there is compliance with all other provisions of this
Ordinance. Accessory buildings which are not a part of the main building
may be built in the rear yard but shall not cover more than thirty
(30) percent of the rear yard.
3.3.6
No
minimum lot sizes and open spaces are prescribed for commercial and
industrial uses. It is the intent of this Ordinance that lots of sufficient
size be used by any business or industry to provide adequate parking
and unloading and loading space required for operation of the enterprise.
3.3.7
An
attached or detached private garage which faces on a street shall
not be located closer than twenty-five (25) feet to the public right-of-way.
3.3.8
Whenever
one or more residential, institutional, commercial or industrial buildings
are proposed to be located in a cluster or grouping which has a different
arrangement, orientation; or other site planning variation from that
of other buildings, structures or uses in the area or on adjacent
properties, the architectural design, location, orientation, service
and parking areas of such buildings shall be planned so as not to
adversely affect the use of adjacent or other properties in the area,
as determined by the planning and zoning commission.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2021-602 adopted 1/11/21)
3.4.1
City
Tree Board.
A.
Established.
There is hereby created and established a City Tree Board for
the City of Smithville which shall consist of the City Council.
B.
Term
of Office.
The term of the board members shall be three
(3) years, except that the term of two (2) of the members appointed
to the first board shall be for only one (1) year and the term of
two (2) members of the first board shall be for two (2) years. In
the event that a vacancy shall occur during the term of any member,
his successor shall be appointed for the unexpired portion of the
term.
C.
Compensation.
Members of the board shall serve without compensation.
D.
Duties
and Responsibilities.
It shall be the responsibility
of the board to study, investigate, council and develop and/or update
annually, and administer a written plan for the care, preservation,
pruning, planting, replanting, removal or disposition of trees and
shrubs in parks, along streets and in other public areas. Such plan
will be presented annually to the City Council and upon their acceptance
and approval shall constitute the official comprehensive city tree
plan for the City of Smithville.
E.
Operation.
The board shall choose its own officers and keep minutes of
its proceedings. A majority of the members shall be a quorum for the
transaction of business.
3.4.2
Street
Trees to be Planted.
A.
Official
Species.
The following list
constitutes the official street tree species for the City of Smithville.
No species other than those included in this list may be planted as
street trees without written permission of the City Tree Board.
B.
Spacing.
Except in special plantings designed by a landscape architect
and approved by the City Tree Board, the spacing of street trees will
be in accordance with the three (3) species size classes listed in
subsection (a) above, and no other trees may be planted closer together
than the following:
C.
Distance
from Curb and Sidewalk.
The distance trees may be planted
from curbs and sidewalks will be in accordance with the three species
size classes listed in subsection (a) above, and no trees may be planted
closer to any curb or sidewalk than the following:
D.
Distance
from Street Corners and Fireplugs.
No street tree shall
be planted closer than thirty-five (35) feet of any corner, measured
from the point of nearest intersecting curbs or curb lines. No street
tree shall be planted closer than ten (10) feet of any fireplug.
E.
Near
Utilities.
No street trees other than those species listed
as small trees in subsection (a) above may be planted under or within
ten (10) lateral feet of any overhead utility wire.
3.4.3
Public
Tree Care.
A.
The
city shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues,
lanes, squares and public grounds, as may be necessary to insure public
safety or to preserve or enhance the symmetry and beauty of such public
grounds.
B.
The
city tree board may remove or cause or order to be removed, with City
Council approval, any tree or part thereof which is in an unsafe condition
or which by reason of its nature is injurious to sewers, electric
power lines, gas lines, water lines, or other public improvements,
or is affected by any injurious fungus, insects or other pest.
3.4.4
Tree
Topping.
A.
It shall
be unlawful as a normal practice for any person, firm or city department
to top any street tree or park tree.
B.
Topping
is defined as the severe cutting back of limbs to stubs larger than
three (3) inches in diameter within the tree’s crown to such
a degree so as to remove the normal canopy and disfigure the tree.
C.
Trees
severely damaged by storms or other causes or certain trees under
utility wires or other obstructions where other pruning practices
are impractical may be exempted from this article at the determination
of the city tree board.
3.4.5
Pruning,
Corner Clearance.
A.
Trees
overhanging any street or right-of-way within the city shall be pruned
so that such branches shall not obstruct the light from any street
lamp or obstruct the view of any street intersection, and so that
there shall be a clear space of eight (8) feet above the surface of
the street or sidewalk.
B.
The
city shall have the right to prune any tree or shrub on private property
when it interferes with the visibility of any stop sign.
3.4.6
Removal
of Stumps.
All stumps of street and park trees shall
be removed below the surface of the ground so that the top of the
stump shall not project above the surface of the ground.
3.4.7
Arborists
License and Bond.
A.
It shall
be unlawful for any person or firm to engage in the business or occupation
of pruning, treating, or removing street or park trees within the
city without first applying for and procuring a license.
B.
The
license fee shall be set by the City Council and on file with the
city secretary; provided, however, that no license shall be required
of any public service company or city employee doing such work in
the pursuit of their public service endeavors.
C.
Before
any license shall be issued, each applicant shall first file evidence
of possession of liability insurance in the minimum amounts of fifty
thousand dollars ($50,000.00) for bodily injury and one hundred thousand
dollars ($100,000.00) property damage indemnifying the city or any
person injured or damaged resulting from the pursuit of such endeavors
as herein described.
(Ordinance 2018-555 adopted 10/16/18)
3.5.1
Off-Street
Automobile and Vehicle Parking and Loading.
A.
General
Intent and Application:
It is the intent of these requirements
that adequate parking and loading facilities be provided off the street
easement for each use of land within the city. Requirements are intended
to be based on the demand created by each use. There [These] requirements
shall apply to all uses in all Districts.
B.
Required
Open Space:
1.
Off-street
parking or loading space shall be a part of the required open space
associated with the permitted use and shall not be reduced or encroached
upon in any manner.
2.
The
area required for off-street parking shall be in addition to the yard
areas herein required; except that the front yard required in a C-1
Neighborhood Shopping District or an I-Industrial Manufacturing and
Warehousing District may be used for uncovered parking area; and further
provided that the front drive in a Residential District may be used
for the uncovered parking area for vehicles associated with a residential
use when the area is surfaced to prevent the occurrence of mud and
dust with continued use.
C.
Location:
The off-street parking lot to satisfy parking requirements shall
be located within five hundred (500) feet, exclusive of street and
alley widths, of the principal use and shall have direct access to
a street or alley.
D.
Joint
Parking Facilities:
Whenever two (2) or more uses are
located together in a common building, shopping center or other integrated
building complex, the parking requirements may be complied with by
providing a permanent common parking facility, cooperatively established
and operated, which contains the requisite number of spaces for each
use. The total number of spaces provided shall not be less than the
sum of the individual requirements.
E.
Size
of Off-Street Parking Space:
The size of a parking space
for one (1) vehicle shall consist of a rectangular area having dimensions
of not less than eight (8) feet by twenty (20) feet, plus adequate
area for ingress and egress.
F.
Amount
of Off-Street Parking and Loading Required:
Off-street
parking and loading facilities shall be provided in all Districts
in accordance with the following schedule:
1.
Dwelling,
single-family or duplex: Two (2) parking spaces for each separate
dwelling unit within the structure.
2.
Dwelling,
multiple-family: Two (2) parking spaces shall be provided upon the
lot for each dwelling unit. No parking shall be permitted in the required
front yard. No parking shall be allowed within four (4) feet of any
building, nor closer than two (2) feet to the side yard lines. No
parking space shall be used for storage of any truck, truck-trailer,
or van, except panel and pickup trucks not exceeding one (1) ton capacity.
Boat and travel trailers may be parked in a required parking space
when the operator or owner of such vehicle resides upon the premises.
All parking spaces shall be so arranged as to permit vehicles to be
parked and removed without moving one car to facilitate the movement
of the other. All parking areas shall be paved according to the city’s
standard paving specifications.
3.
Boarding
house, rooming house, bed and breakfast, country inn, and hotel: One
(1) parking space shall be provided for each two (2) guests provided
overnight accommodations in a boarding house, rooming house, bed and
breakfast, country inn, or hotel.
4.
Hospitals:
One (1) space for each four (4) patient beds, exclusive of bassinets,
plus one (1) space for each staff or visiting doctor, plus one (1)
space for each three (3) employees including nurses, plus adequate
area for the parking emergency vehicles.
5.
Medical
or dental clinics or offices: Six (6) spaces per doctor plus one (1)
space for each two (2) employees.
6.
Sanitariums,
convalescent or nursing homes: One (1) space for each six (6) patient
beds, plus one (1) space for each staff or visiting doctor plus one
(1) space for each two (2) employees including nurses.
7.
Community
center, theater, auditorium, stadium, church sanctuary: One (1) parking
space for each four (4) seats, based on maximum seating capacity.
8.
Convention
hall, lodge, club, library, museum, place of amusement, or recreation:
One (1) parking space for each fifty (50) square-feet of floor area
used for assembly or recreation.
9.
Office
building: One (1) parking space for each six hundred (600) square
feet of gross floor area in the building, exclusive of the area used
for storage, utilities and building service.
10.
Commercial establishments not otherwise classified: One (1) parking
space for each three hundred (300) square feet of floor space used
for retail trade in the building and including all areas used by the
public.
11.
Industrial establishments: Adequate area to park all employees and
customers vehicles at all times and adequate space for loading, unloading
and storing all vehicles used incidental to or as a part of the primary
operation of the establishment.
12.
The minimum off-street parking requirements for any use not specifically
listed shall be the same as those of a similar use, as determined
by the city manager.
G.
Paved
Surface Required:
All parking spaces shall be paved with
a sealed surface pavement and maintained in a manner that no dust
will result from continued use.
H.
Off
Street Parking Lots in Residential Districts:
Whenever
off-street parking lots for more than six (6) vehicles are to be located
within or adjacent to a Residential District, the following provisions
shall apply:
1.
All
sides of the lot within or abutting the Residential District shall
be enclosed with an opaque ornamental fence, wall or dense evergreen
hedge having a height of not less than five (5) feet nor more than
six (6) feet. Such fence, wall or hedge shall be maintained in good
condition.
2.
No
parking shall be permitted within a front yard setback line wherever
the parking lot is located in a Residential District or immediately
abuts the front yard of a residential unit. In all other cases no
setback shall be required.
3.
All
yards shall be lands with grass and shrubs and maintained in good
condition at all times.
4.
Driveways
used for ingress and egress shall not exceed twenty-five (25) feet
in width exclusive of curb returns.
5.
All
of the lot used for parking and driveway purposes shall be paved with
a sealed surface pavement and maintained in such a manner that no
dust will be produced by continued use.
6.
Whenever
lighting is provided, the intensity of light and arrangement of reflectors
shall be such as not to interfere with Residential District uses.
7.
No
sign of any kind shall be erected within the off-street parking lot
except information signs used to guide traffic and to state the condition
and terms of the use of the lots. Only non-intermittent white lighting
of signs shall be permitted.
3.5.2
Parking
and Storage of Recreational and Commercial Vehicles and Trailers.
Commercial vehicles, recreational vehicles, and trailers shall
not be parked or stored on any lot occupied by a dwelling or any lot
in any Residential District, except in accordance with the following
provisions:
A.
Not
more than one (1) commercial vehicle, per family living on the premises,
shall be permitted; and in no case shall a commercial vehicle used
for hauling explosives, gasoline, or other liquefied petroleum products,
be permitted.
B.
In areas
of the City where alleys exist, trailers and recreational vehicles
shall be permitted provided that said trailers or recreational vehicles
be parked or stored behind the front building line. In the remaining
areas of the City where no alleys exist, even though they may be platted,
one trailer or recreational vehicle may be parked or stored behind
the property line, with any additional trailers or recreational vehicles
to be stored behind the front building line. A recreational vehicle
may be occupied for a period not to exceed seven (7) days and any
such occupancy shall not be repeated within a period of sixty (60)
days.
C.
Manufactured
homes and mobile homes shall be parked or stored only in a Manufactured
Housing Park which is in conformity with the ordinances of this city.
3.5.3
Parking
in the Manufactured Housing Park:
Within an MH Park,
at least two off street parking spaces shall be provided for each
home space and one additional parking space for each four home spaces.
(Ordinance 2018-555 adopted 10/16/18)
3.6.1
Barbed
Wire Prohibited.
It shall be unlawful for any person
or persons to make, build, construct, or erect any fence to be composed
wholly or in part of metal fencing wire constructed with sharp edges
or points arranged at intervals along the strands, such as barbed
wire, razor wire, or concertina wire, on or along the line of any
street, alley, avenue, sidewalk, land or lot in the City of Smithville;
provided, however, that such wire may be used at a minimum height
of 5 feet along the tops of fences along the lines of alleys.
3.6.2
Maximum
Height of Residential Fences.
The maximum heights for fences, walls, hedges, and other enclosures
are as follows:
(1)
Within
15 feet of the intersection of two street lines on a corner lot, the
maximum height is 3 feet.
(2)
Between
the front building line and the public right of way on any lot, other
than within 15 feet of the intersection of two street lines on a corner
lot, the maximum height is 4 feet.
(3)
For
all other portions of a lot, the maximum height of an ornamental fence
that has a ratio of solid portion to open portion not in excess of
one to four, not including a chain link or similar fence, is 8 feet
and the maximum height of all other fences, walls, hedges, and other
enclosures is 6 feet.
3.6.3
Masonry
Walls.
For commercial properties, industrial properties
and community facilities, a masonry wall or other equivalent noise
attenuating barrier shall be placed to separate all commercial, industrial
and community uses and activities, including parking areas, from adjacent
residential uses or property zoned SF-1, SF-2, TH, MF, MH or any other
residential district.
3.6.4
Measurement.
The height of all fences, hedges, walls, and other enclosures
is determined by measuring from the ground at the base of such fence,
wall, hedge, or other enclosure.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2020-585, ex. A, sec. 2, adopted 5/11/20; Ordinance 2021-602 adopted 1/11/21)
3.7.1
Billboards.
A.
No billboard,
as hereinafter defined, shall be erected within the corporate limits
of the City of Smithville, Texas.
3.7.2
Political
Signs.
A sign with a political message that is located
on private real property must be removed within seven (7) days following
the date of the election to which the sign refers. Failure to remove
such sign shall result in a violation of city code is a misdemeanor.
3.7.3
Signs
on Buildings.
Advertising signs painted or pasted directly
on a building advertising merchandise, products, or services that
are for sale to the public within the building are expressly excepted
from the provisions of this Section 3.7.
3.7.4
The
following types of signs shall be allowed in the SF-1, SF-2, TH and
MR districts, provided that any required permit has been granted,
and that the sign conforms to any adopted sign standards of the City.
A.
A temporary
bulletin board or sign, not exceeding twelve (12) square feet in area
appertaining to the lease, hire, or sale of a single building or premises,
which board or sign shall be removed as soon as the premises are leased,
hired or sold.
B.
A church
bulletin board or sign, not exceeding fifty (50) square feet in area,
located on the same lot with the church building.
C.
Political
signs.
3.7.5
The
following types of signs shall be allowed in the MH and MHS districts
of the City, provided that any required permit has been granted, and
that the sign conforms to any adopted sign standards of the City.
A temporary bulletin board or sign, not exceeding twelve (12)
square feet in area appertaining to the lease, hire, or sale of a
single building or premises, which board or sign shall be removed
as soon as the premises are leased, hired or sold.
3.7.6
Bed
and Breakfast and Boarding Room facility signs.
Where
bed and breakfasts or boarding houses, or both, are permitted, an
unlit, painted sign advertising the bed and breakfast or boarding
house may be placed in the front yard. of the lot on which the bed
and breakfast or boarding house is located. The area of such sign
shall not exceed 24 inches by 24 inches. At the owner’s option
and expense highway signs may be placed if they conform to state law.
3.7.7
Sign
Variances.
A.
A request
for a variance to one or more of the sign-related regulations cited
in this Section may be submitted in the format specified by the City,
and will be processed and scheduled for consideration for approval
by the City Council using the procedures set forth in 5.5 Variances,
using the notification and public hearing procedures set forth in
5.2 Zoning Review Procedure.
B.
The
City Council may, in specific cases and subject to appropriate conditions,
authorize variances and exceptions to the sign regulations when the
Council has made a finding from the evidence presented that strict
compliance with a requirement will result in a hardship or inequity
to the applicant, provided that economic or self-created hardship
alone is not a sufficient basis for the granting of a variance or
exception. A three-quarters (3/4) vote of the Council members present
and voting is required to approve a sign variance.
C.
The
City Council may require a nonconforming sign to be brought into immediate
conformity with this Section or to be removed when, from the evidence
presented, the Commission finds the sign to be hazardous to the public
or to have been abandoned by its owner(s).
D.
The
City Council, in considering an application for a sign variance, shall
apply the criteria for approval of a variance, as outlined in 5.5.4
[5.5.3.].
E.
Appeals
of the decision of City Council regarding sign variances shall follow
the procedure of 5.6 Appeals.
(Ordinance 2018-555 adopted 10/16/18)
No wall, fence, structure, sign, tree, shrub, hedge, or other
object or improvement may be placed or maintained as to cause danger
to traffic by obstructing the view of traffic at an intersection.
If topography prevents a clear view at an intersection, then the owner
of the relevant lot shall modify the topography of such lot to allow
a clear view.
(Ordinance 2018-555 adopted 10/16/18)
The following requirements are intended to provide exceptions
or qualify and supplement, as the case may be, the specific zoning
district regulations.
3.9.1
In
measuring heights, a habitable basement or attic shall be counted
as a story. A story in a sloping roof, the area of which story at
a height of three (3) feet above the floor does not exceed two-thirds
(2/3) of the floor area of the story immediately below it and which
does not contain an independent apartment, shall be counted as a half
story.
3.9.2
Chimneys,
elevators, poles, spires, tanks, towers, and other projections not
used for human occupancy may extend above the height limit.
3.9.3
Churches,
schools, hospitals, sanitariums, and other public and semi-public
buildings may exceed the height limitation of the District if the
minimum depth of rear yards and the minimum width of the side yards
required in the District are increased one (1) foot for each two (2)
feet by which the height of such public or semi-public structure exceeds
the prescribed height limit.
(Ordinance 2018-555 adopted 10/16/18)
3.10.1
The front building line of the main dwelling hereafter constructed
in Residential Districts, or altered in such manner as to change the
position of such front building line, shall be located the distance
required from the front lot line as may be required in the Residential
District in which such dwellings are located.
3.10.2
Porches of dwellings may extend into front yard a maximum distance
of ten (10) feet from the main line of the building. Cornices and
eaves of the main building may project not more than three (3) feet
into the front yard.
(Ordinance 2018-555 adopted 10/16/18)
3.11.1
Septic tanks shall not be permitted within the city limits on any
lot that is smaller than 1 acre in size.
3.11.2
Whenever connection with the sanitary sewer system will require unreasonable
expenditure and septic tanks are to be installed for residential lots,
the following requirements shall be met:
A.
Residential
lots shall have an area consistent with the current standards set
by the Bastrop County Sanitarian.
B.
If,
as the result of necessary percolation tests as required by the city,
the manager deems the minimum lot area insufficient, additional lot
area sufficient to accommodate the sanitary facilities deemed necessary
by the city manager shall be required.
(Ordinance 2018-555 adopted 10/16/18)
