City of Hudson Oaks, TX Supplementary Regulations

GENERALLY

Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the City Council, upon recommendation of the Planning and Zoning Commission. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff, and comments shall be returned within five working days after the review by the city staff. In no event shall the review process exceed 15 working days after submittal. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the city staff.

24.2

REQUIRED PRIOR TO BUILDING PERMIT

When required by this ordinance, a site plan must be approved prior to the issuance of a building permit by the city.

24.3

CHANGES TO THE SITE PLAN

Changes to the site plan shall be processed in the same manner as the original approved site plan.

Except as otherwise provided in paragraph C below, any site plan that is amended shall require approval of the City Council, upon recommendation of the Planning and Zoning Commission.

Changes to the site plan which will affect the use of the land may require either an amendment to a Planned Development or a rezoning of property, whichever applies.

Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the administrative official or his/her designee. An aggrieved party may appeal the decision of the administrative official or his/her designee to the Zoning Board of Adjustment in accordance with the provisions of this ordinance.

24.4

COUNCIL APPROVAL

Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance.

24.5

SITE PLAN CONTENT

The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the City Council and the staff personnel required to enforce and interpret this ordinance.

The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.

Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.

Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition.

The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.

Total number, location, and arrangement of off-street parking and loading spaces, where required.

All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.

Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.

The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.

The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.

If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.

Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.

Buildings on the exterior of the site and within twenty-five feet of all property lines.

The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.

The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.

Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.

Legal description of the total site area proposed for rezoning, development or specific use permit.

Signature, title and date of the applicant [application], at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant’s proposals.

(Ordinance 2001-02 adopted 5/24/01)

§ 25 Specific Use Permits.

25.1

PURPOSE

Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the Planning and Zoning Commission and City Council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.

25.2

PERMIT REQUIRED

No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the City Council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance.

25.3

APPLICATION PROCEDURE

An application for a special permit shall be filed with the administrative official on a form prepared by the city. The application shall be accompanied by the following:

A completed application form signed by the property owner;

An application fee as established by the city’s latest adopted schedule of fees;

A certificate stating that all city and school taxes have been paid to date;

A property description of the area where the specific use permit is proposed to apply;

A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and

Any other material and/or information as may be required by the Planning and Zoning Commission, the City Council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city.

25.4

SITE PLAN INFORMATION

A site plan shall contain, at a minimum the following information, as provided in Section 24 Site Plan Requirements: [sic]

25.5

ADDITIONAL INFORMATION

The following additional information may also be required if deemed appropriate by staff, the Planning and Zoning Commission, or City Council.

Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.

Description of the present use, assessed value and actual value of the land affected by the proposed facility.

Description of the proposed use, anticipated assessed value and supporting documentation.

A description of any long-term plans or master plan for the future use or development of the property.

A description of the applicant’s ability to obtain needed easements to serve the proposed use.

A description of any special construction requirements that may be necessary for any construction or development on the subject property.

A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.

25.6

COUNCIL ACTION

The City Council may grant such a wavier only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.

25.7

CONDITIONS OF PERMIT APPROVAL

A specific use permit shall not be recommended for approval by the Planning and Zoning Commission unless the. Commission finds that all of the following conditions have been found to exist:

The proposed use complies with all the requirements of the zoning district in which the property is located.

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city.

The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.

Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.

The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.

The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.

The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.

Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.

Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties.

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.

The proposed operation is consistent with the applicant’s submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.

The proposed use is in accordance with the City of Hudson Oaks Comprehensive Land Use Plan.

25.8

ADDITIONAL CONDITIONS

In authorizing a Specific Use Permit, the Planning and Zoning Commission may recommend, and the City Council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community.

25.9

TIME LIMIT

A Specific Use Permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the City Council.

25.10

REVOCATION OF PERMIT

A Specific Use Permit may be revoked or modified, after notice and hearing, for either of the following reasons:

The permit was obtained or extended by fraud or deception.

One or more of the conditions imposed by the permit has not been met or has been violated.

25.11

AMENDMENTS TO SPECIFIC USE PERMIT

The procedure for amending a Specific Use Permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.

(Ordinance 2001-02 adopted 5/24/01)

§ 26 General Height Requirements.

26.1

NONRESIDENTIAL STRUCTURES

A nonresidential building may exceed the permitted height in a zoning district if the following conditions are met:

A Site Plan is provided; and

For every one foot exceeding the maximum permitted height, and additional one-foot setback is provided on the front side, and rear yards. The maximum height of a building shall not exceed 50 feet without a special exception. See Section 40.7, Authorized Special Exceptions.

26.2

EXCEPTIONS

Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and not intended for human occupancy.

26.3

ANTENNAS

For antenna and tower height regulations see Section 36, Wireless Communications Facilities.

(Ordinance 2001-02 adopted 5/24/01)

§ 27 General Yard Requirements.

The following general requirements provide additional criteria which apply to yard requirements in all zoning districts.

27.1

PROJECTIONS OF STRUCTURAL FEATURES

Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than twelve inches into a required yard; and

Eaves may project not more than 36 inches into a required yard.

27.2

CARPORTS

A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports.

27.3

GASOLINE FACILITIES

Gasoline filling station pumps and pump islands may be located or project into a required yard provided they are not less than 15 feet distant from any street, highway or alley right-of-way line, and not less than 50 feet distant from any residential property line.

27.4

DOUBLE FRONTAGE LOTS

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one required front yard need be provided.

27.5

SHARED YARDS PROHIBITED

No part of a yard or other open space required about or in connection with any building, for the purpose of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

27.6

CORNER LOTS

For the purposes of determining yard requirements, on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the appropriate zoning district area regulations.

27.7

TWO OR MORE ZONING DISTRICTS

Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.

27.8

ESTABLISHED BUILDING LINE

Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this Ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by the previous ordinance or plat.

27.9

MEASUREMENT

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed twenty-four inches.

(Ordinance 2001-02 adopted 5/24/01)

§ 28 Accessory Buildings.

28.1

GENERAL PURPOSE AND DESCRIPTION.

An accessory building is a subordinate building detached from the main building, without sleeping areas or kitchen facilities, not used for commercial purposes, not rented, and not occupied for human habitation, except as otherwise allowed by city ordinance. No accessory building shall be constructed until a main building exists on the lot.

28.2

ACCESSORY BUILDING REGULATIONS.

The following regulations shall govern the location, size and use of accessory buildings, except for barns and farm buildings for agricultural uses as defined in Section 48.2 and accessory buildings for airpark related uses as defined in Section 49:

General Provisions:

An accessory building must comply with the following setback requirements for all zoning districts:

Accessory buildings shall not be located within any easement or outside or over any identified building line.

Accessory buildings may not be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of stormwater flows.

Accessory buildings located on lots where septic systems are utilized must submit a site plan showing the layout of the septic system and the location of the proposed building.

Approval by the City of Hudson Oaks does not constitute approval to violate any deed restriction. It is the responsibility of the applicant to verify compliance with all deed restrictions for his or her property, before starting construction.

Residential greenhouses for domestic use shall not exceed 500 square feet of floor area and do not count in accessory building calculations.

Accessory dwelling units are accessory buildings with a kitchen (or kitchenette). Accessory dwelling units shall comply with Classification "D" related to Building Construction and Setback Requirements, and the following restrictions apply:

The primary residence shall be occupied by the property owner.

Occupancy of the accessory dwelling unit is limited to family members of the primary residence by blood or marriage.

Renting or charging rent for the accessory dwelling unit is prohibited.

There is a limit of one accessory dwelling unit per lot.

Occupancy is limited to the regulations as per the adopted Building Code.

Separate utility meters are prohibited.

The total size square footage of the accessory dwelling unit shall be included toward the total size square footage for Classification "C."

All single-family dwellings hereafter erected shall be provided with enclosed garage space for at least parking two automobiles at the time of original construction. Conversion of garage space into living space shall conform to City building codes; and plans for the conversion shall be submitted at the time of application for a building permit. Conversion of garage space does not relieve the requirement for an enclosed garage space, and said enclosed space must be provided elsewhere on the lot and in compliance with this section

Building Construction and Setback Requirements:

For each zoning district, an accessory building must comply with the following construction and setback requirements:

Exterior Wall and Roof Type Legend
Classification	Exterior Wall	Roof
A	Exterior grade masonry siding, wood lap siding, stone or masonry	Must closely resemble color and theme of main structure. Typically purchased at home improvement stores and delivered on a wood sleigh.
B	Exterior grade masonry siding, wood lap siding, stone or masonry.	The color must match and compliment the main structure. The roof material used must match the main structure.
C	Must have exterior walls that are at least the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used on the main buildings.	The color must match and compliment the main structure. The roof material used must match the main structure.
D	Must have exterior walls that are at least the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used on the main buildings.	The color must match and compliment the main structure. The roof material used must match the main structure.

Exterior Construction
Type	A	B	C	D (accessory dwelling unity only)
Zoning District	Total Size Sq Ft (all Units)	Total Size Sq Ft (all Units)	Total Size Sq Ft (all Units)	Total Size Sq Ft (all Units)	Maximum Number of Units
SF-15	160	400	400	400	1
SF-32	160	480	1,000	1,000	2
SF-1AP	160	NP	NP	1,000	1
SF-2A	160	480	1,500	1,500	2
MH	160	NA	NA	NA	1
MF	160	NA	NA	NA	0

Required Setbacks. An accessory building must comply with the following setback requirements.
1.	Rear Yard - The accessory building must be located at least three (3') from the rear property line, easement, or right-of-way. Where accessory buildings are designed and constructed to be entered from an alleyway or street at the rear of the lot, such accessory building shall be setback at least twenty (20') feet from the rear property line. When accessory buildings are constructed less than five (5') feet from any property line, no windows, doors or other penetrations of the exterior wall shall be allowed in the wall abutting that property line. In Single-Family 2-A (SF-2A) zoning districts, barns and/or stables shall not be located within fifty (50') feet of any property line.
2.	Front Yard - Accessory buildings shall not be located in the front yard.
3.	Side Yard - Accessory buildings shall not be located in the side yard.
4.	Building Line - Accessory buildings shall not be constructed outside of or over any building line identified on the survey.
5.	Buildings - Accessory buildings shall be located at least ten (10') feet from any other building or structure on the property.

Construction Requirements:

All accessory buildings must comply with the following construction requirements:

Foundations -

Foundation requirements for accessory buildings are as follows:

Buildings up to and including 160 square feet may be placed on the ground and shall provide resistance to wind load by one of the following methods:

Anchored to a four (4") inch thick slab reinforced with 6 X 6 #10 wire mesh or #3 (3/8") rebar spaced at 18 inches on center each way.

Anchored at all corners, each corner anchored by a system to resist a horizontal wind load of 75 miles per hour

Buildings greater than 160 square feet, but less than 639 square feet shall use one of the following methods:

Beams must be constructed at all perimeters. All beams are required to be at least 10 inches wide and 20 inches deep with 2 #5 (5/8") bars in the top and 2 #5 (5/8") bars in the bottom of the beam. Interior beams must also be constructed and located no more than 12 feet apart. All beams must extend at least 12 inches into undisturbed soil. Place #3 (3/8") bars 18 inches on center each way in the middle of the new 4-inch slab.

Accessory buildings greater than or equal to 640 square feet shall use a foundation designed by a registered professional engineer in the State of Texas to the current City of Hudson Oaks building code requirements.

Eave Height and Pitch -

Accessory buildings shall have an eave height no greater than the lowest eave height of the primary building, but not to exceed 14' feet. The roof shall be at a pitch similar to the roof pitch of the primary building.

Recreation Vehicle Entry -

The eave height may be raised to a maximum height of 15' feet in order to account for a recreation vehicle entry not larger than 14' feet. The structure must be constructed in the back yard and meet the construction requirements of Subsection 28.2.B, Classification C.

Garage Doors -

Accessory Buildings shall be limited to one right-of-way facing garage door.

28.3

CARPORT BUILDING REGULATIONS.

The following regulations shall govern the location, size and use of carports.

General Provisions:

A carport must comply with the following setback requirements for all zoning districts:

Carports shall not be located within any easement or outside or over any identified building line.

Carports may not be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of stormwater flows.

Carports located on lots where septic systems are utilized must submit a site plan showing the layout of the septic system and the location of the carport.

Carports shall not exceed 400 square feet in floor area and may not be enclosed on any side.

Carports must meet all setback and building line requirements in accordance with the residential zoning district in which the site is located.

All single-family dwellings hereafter erected shall be provided with enclosed garage space for parking at least two automobiles at the time of original construction. Conversion of garage space into living space shall conform to City building codes; and plans for the conversion shall be submitted at the time of application for a building permit. Conversion of garage space does not relieve the requirement for an enclosed garage space and said enclosed space must be provided elsewhere on the lot and in compliance with this section.

Carports must be built at least five feet from any dwelling in accordance with the International Building Code, unless the structure meets or exceeds the currently adopted International Building Code and International Fire Code.

Building Construction Requirements:

A carport must comply with the following construction, material, and height requirements. Construction must also meet the requirements of the currently adopted International Building Code:

Location	Maximum Height	Materials
Side or rear yard	14' or the height of soffit (eaves), whichever is less.	The color and materials of the carport must resemble the color and materials of the main dwelling. If the main dwelling is constructed of masonry materials, these materials must be used in the construction of the carport in the same proportion that was used in the construction of the main dwelling. Accenting materials may be used with the approval of the building official. The proposed carport roof material must match the roof material of the main dwelling and the proposed carport roof slope must resemble the roof slope of the main dwelling.

Additional Requirements:

Front Yard -

Carports shall not be located in the front yard.

All applications for a carport must meet the requirements of this section and be approved by the building official or his/her designee.

No carport may be constructed until a main dwelling exists on the lot.

Carport applications not meeting the above requirements may apply for a specific use permit (SUP).

Building Line -

Carports shall not be constructed outside of or over any building line identified on the survey.

(Ordinance 2021-04 adopted 1/28/21; Ordinance 2022-19 adopted 9/22/2022)

§ 29 Home Occupations.

The purpose of the home occupation provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located.

29.1

REGULATIONS

Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupations.

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

The home occupation shall not create any greater vehicular traffic than normal for the district.

No signs of any kind shall be allowed on premises advertising a home occupation or service.

(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-02, sec. I, adopted 1/26/06)

§ 30 Temporary Uses and Special Events.

30.1

GENERALLY

Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety, and general welfare of the City. The temporary uses and special events hereinafter enumerated shall not be deemed violations of this ordinance when conducted under the conditions herein provided.

30.2

PERMITTED TEMPORARY USES

The permitted temporary uses, the conditions of use, the zoning districts wherein the same shall be permitted, and approvals required are as follows:

Construction Office - Temporary field or construction offices and temporary building material storage areas to be used solely for on-premise construction purposes in connection with the property on which they are erected, or within the same platted subdivision may be permitted in all zoning districts when approved by the administrative official. The application for a temporary use permit shall include a scale drawing showing the location and size of the building(s), all outside storage areas, and proposed construction fencing. Such permit shall be issued for temporary buildings on construction sites for a period of six (6) months, with a renewal clause for a similar period. Such buildings must be removed within 30 days after substantial completion or abandonment of such new construction to which they are accessory, or upon the request of the administrative official or his/her designee.

Temporary outdoor sales on properties zoned “RC”, “GC”, and “I” by the existing occupants of existing businesses of such properties, may be permitted by the city enforcement officer for a period not to exceed 30 days upon the application and granting of a temporary use permit.

In no event shall such temporary uses be allowed for more than 30 consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the city enforcement officer and/or fire marshal for the protection of public interest and the welfare of the community.

No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.

The temporary outdoor sale of Christmas trees may be permitted on those properties zoned “RC”, “GC”, and “I” for a period of 40 days prior to Christmas Day. The administrative official may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the, building official; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4 following the Christmas holiday.

Carnivals and circuses may be allowed as a temporary use for a period not exceeding fourteen consecutive days. Such events shall be on a site in the “RC”, “GC”, and “I” zoning districts. Adequate parking and sanitary facilities shall be made available to the satisfaction of the building official. No carnival or circus shall begin operation before 8:00 A.M. and operation shall cease before 11:00 P.M. on all nights except on Saturday when the event shall cease operation at midnight. The administrative official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the administrative official’s decision, the sponsor may appeal the requested use to the City Council.

30.3

PERMITTED SPECIAL EVENTS

For the purpose of this section, “Special Events” are defined as any activity or event meeting the following criteria:

The event of [or] activity is carried on for a period of time not exceeding three consecutive days;

No retail sales are conducted except those incidental to the primary activity such as refreshment and souvenir sales. Charitable and nonprofit organizations may conduct retail sales for fund-raising purposes in any zoning district;

Public assemblies carried on out-of-doors or in temporary shelters or tents.

30.4

CONTENTS OF APPLICATION

An application for approval of a temporary use or special event shall include the following information:

Brief description of the event,

Exact location,

Expected attendance,

Anticipated number of automobiles and proposed methods of providing parking for the same,

Location and construction of any temporary signs to be used in connection with the event,

Exact dates of commencement and termination of the event,

Signed certification by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to.

A fee in accordance with the City of Hudson Oaks fee schedule.

30.5

APPROVAL BY THE CITY COUNCIL

Approval of a permit for a temporary use or special event must be approved by the City Council, with the exception of the construction uses of Section 30.2.A.

(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-02, sec. I, adopted 1/26/06)

§ 31 Off-Street Parking and Loading Requirements.

Whenever any ordinance, regulation, or plan, enacted or adopted by the city council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.

31.1

PARKING TABLE

Except as otherwise provided in this section, off-street parking spaces shall be provided as follows:

Schedule of Parking Requirements
Land Use	Requirements	Additional Requirements
Residential
Single-Family Detached Units	2 / unit	See Sec. 27.2.I [28.2.I]
Duplex	2 / unit	None
Townhouse, Condominium, Duplex, Triplex, Quadraplex or Row	3 / unit	None
Multifamily	1.5 / 1 bed unit 2 / 2 bed unit 2.5 / 3 bed unit	None
HUD-Code Manufactured Home	2 / unit	None
Boarding or Rooming House, Hotel or Motel/Residence Motel or Inn	1/residential unit	1 additional space for 200 sq. ft. of Exhibit or Ballroom space, plus 1 space per 100 sq. ft. of Meeting Rooms, plus 1 space per 2.5 seats in Restaurant and Lounge
Retirement Housing: Ambulatory Independent Residents	1.5 / unit	None
Retirement Housing: Nursing Home Facilities	1 / 2 beds	None
Dormitory	1.5 / 2 occupants for designed occupancy	None
Fraternity, Sorority, or Lodge	1 / 125 sq. ft.	none
Institutional
Community Center	1 / 4 persons	None
Schools: Elementary Junior High Senior High Trade	1 / 25 students 1 / 18 students 1 / 5 students 1 / 4 students	None
Public Assembly Hall	1 / 3 seats	None
College or University	1 / 4 day students	None
Church	1 / 3 seats in the sanctuary or auditorium	None
Day Care or Day Nursery	1 / 5 pupils	None
Hospital	1.5 / bed	None
Mortuary or Funeral Home	1 / 4 seats in chapel	None
Recreational
Theater	1 / 4 seats	None
Bowling Alley	4 / lane	None
Pool Hall, Arcade, Other Indoor Commercial Amusement	1 / 100 sq. ft. of floor area	None
Outdoor Commercial Amusement	1 / 500 sq. ft. of site area exclusive of building	None
Ball Park or Stadium	1 / 4 seats	None
Lodge or Fraternal Organization	1 / 125 sq. ft. of floor area	None
Driving Range	1 / 10 linear ft. of designated tee area	None
Miniature Golf	1 / tee	None
Personal Service Shop	1 / 250 sq. ft. of floor area up to 5,000 sq. ft., then 1 / 200 sq. ft.	None
Indoor Retail Store or Shop	1 / 250 sq. ft. of floor area up to 5000 sq. ft., then 1 / 200 sq. ft.	None
Outdoor Retail Sales	1 / 500 sq. ft. of site area, exclusive of building	None
Furniture, Appliance Sales or Repair	1 / 600 sq. ft. of floor area	None
Coin-Operated or Self-Service Laundry or Dry Cleaner	1 / 200 sq. ft. of floor area	None
Shopping Center, Malls & Multi-occupancy uses (3-50 acres)	1 / 250 sq. ft. of floor area	None
Shopping Centers, Mall and Multi-occupancy (over 50 acres)	1 / 300 sq. ft. of floor area	None
Eating or Drinking Establishment (no drive-through service)	1 / 2.5 seats	None
Eating or Drinking Establishment (with drive-through service and all others)	1 / 150 sq. ft.	None
Business Services
Bank and Savings & Loan or Other Similar Institution	1 / 300 sq. ft. of floor area	None
Medical, Dental Clinic or Office	1 / 150 sq. ft. of floor area	None
Veterinary Clinic	1 / 300 sq. ft. of floor area	None
Other Office or Professional Business	1 / 250 sq. ft. of floor area	None
Automotive & Equipment
Service Station	Minimum of 6	None
Auto Repair Garage of Shop	1 / 350 sq. ft. of floor area	None
Auto Repair Accessory Sales	1 / 300 sq. ft. of floor area	None
Vehicle or Machine Sales (indoors)	1 / 500 sq. ft. of floor area	None
Car Wash (full-serve)	3 stacking spaces / wash bay	None
Car Wash (self-serve or automatic)	3 stacking spaces / wash bay	None
Brick or Lumber Yard	1 / 3 employees or 1 / 1000 sq. ft. of floor area (whichever results in more spaces)
Manufacturing or Warehousing	1 / 3 employees or 1 / 1000 sq. ft. of floor area (whichever results in more spaces)
Outside Storage	1 / 5,000 sq. ft. of floor area	None
Mini-warehouse	1 / 3,000 sq. ft. of floor area	None

Credit for reduced spaces may be obtained by providing landscaping in parking lots, see Section 35.8.G

31.2

OFF-STREET PARKING AND LOADING REQUIREMENTS

In the following cases all retail, office and service buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets:

When deliveries are made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m.

When the time of loading and unloading materials or goods exceeds ten (10) minutes between those hours[.]

Individual loading space dimensions shall be required as a minimum to be thirty-five feet (35') in length, twelve feet (12') width with a height clearance of fifteen feet (15').

The number of off-street loading spaces shall be placed according to the following table:

Square Feet of Gross Floor Area in Structure	Maximum Required Spaces or Berths
0 to 10,000	None
10,000 to 50,000	1
50,000 to 100,000	2
100,000 to 200,000	3
Each additional 200,000	1 Additional

Mixed Use Buildings:

Where a building or a site contains two (2) or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use with the exception of shopping centers and multi-use purposes.

Drive Lane Widths and Parking Space Sizes:

Drive lanes and parking space sizes shall be required as shown in the following illustration. A driveway for access to any nonresidential, single parking space or to a parking lot shall not measure less than that shown in the parking layout illustration. All drive approach widths shall be no less than those indicated in the below graphic. All two-way drive lanes shall be a minimum of twenty-four (24) feet in width. Parking spaces shall be nine (9) feet wide by eighteen (18) feet deep for all ninety (90) degree parking spaces. Angled spaces shall be as shown in the graphic.

Parking Angle	Stall Width	Stall Depth	Min. Aisle Width		Aisle Length Per Stall	Module Width
Parking Angle	Stall Width	Stall Depth	One-Way	Two-Way	Aisle Length Per Stall	One-Way	Two-Way
(A)	(B)	(C)	(D1)	(D2)	(E)	(F1)	(F2)
Parallel	8.0	8.0	12.0	18.0	22.0	28.0	34.0
45	9.0	19.1	12.0	24.0	12.7	50.2	62.2
80	9.0	20.1	18.0	24.0	10.4	58.2	64.2
90	9.0	18.0	24.0	24.0	9.0	60.0	60.0

On-Premise Parking Required:

All required commercial and residential parking spaces shall be located on the premises to which such requirement applies or within an off-street space of which the distance is not more than three hundred feet (300') from such premises.

Surface:

The surface of parking spaces and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to city specifications.

Reduction:

In cases where the applicant can provide documentation that parking spaces exceed the amount necessary for the use and that a reasonable alteration of spaces may be provided. Said reduction shall not represent more than fifteen percent (15%) of the total required spaces and shall require a special exception from the Zoning Board of Adjustment.

Commercial Parking Development Standards:

The off-street parking or loading facilities required for nonresidential uses mentioned in these regulations shall be paved according to any of the following standards:

Not less than two inches (2") of hot mixed asphalt over at least six inches (6") of lime treated subgrade; or

Not less than two inches (2") of hot mixed asphalt over six inches (6") of crushed stone, flexible base; or

Four inches (4") of reinforced Portland Cement concrete over compacted subgrade.

Such lots shall be graded and drained in such a manner that runoff shall be properly channeled into a storm drain, watercourse, pond area or other appropriate facility.

Maintenance Requirements:

To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city inspector.

Space Adjacent to Service Bays or Fuel Pumps:

Space adjacent to service bays or fuel pumps at automobile service or gas stations is not considered parking, and shall not count towards meeting the minimum number of required parking spaces. An automobile service or gas station with retail uses (such as markets or fast food restaurants) shall provide parking for such retail uses at the designated rate for those uses in addition to any required parking for the service or gas station portion of the land use.

31.3

RESIDENTIAL OFF-STREET PARKING

Purpose:

It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this subsection is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the city.

Restrictions:

It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, motorcycle, or light duty truck (1 ton or less) on any portion of a front yard or side yard of any area which is zoned SF-32, Single-Family Residential or SF-15, Single-Family Residential under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for residential purposes, unless said area is a part of a required hard-surface (concrete or asphalt), all-weather driveway that provides access to a garage, carport or off-street parking area required by the Comprehensive Zoning Ordinance.

It shall be illegal for any person to park or to allow to be parked on any property under his control any bus, truck (larger than 1 ton), boat, recreational vehicle, camper, or trailer on any portion of a front yard.

It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, boat, recreational vehicle, camper, or trailer on any portion of a side yard, unless said area is behind the front corner of the residential structure and parked on a required hard-surface (concrete or asphalt) all-weather driveway.

It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, boat, recreational vehicle, camper, or trailer on any portion of a back yard of any area which is zoned SF-32, Single-Family Residential or SF-15, Single-Family Residential under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for residential purposes, unless said area is located in the backyard behind an approved 6 foot screening fence.

Oversize commercial vehicles are strictly prohibited from overnight parking in any area which is zoned SF-32, Single-Family Residential or SF-15, Single-Family Residential under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for residential purposes. For purposes of this provision, “oversize commercial vehicle” means:

(1)

any vehicle designed to transport property or cargo with a manufacturer’s rated carrying capacity exceeding 2,000 pounds; or

(2)

any vehicle designed for the transport of more than fifteen passengers, including the driver; or

(3)

any dump truck, truck-tractor, semitrailer, concrete mixing truck, stake-bed truck, bus, or trailer which is more than 20 feet in length from end to end, or more than 7 feet in width at its widest point, or more than 7 feet in height at its highest point; or

(4)

any other commercial motor vehicle bearing commercial license; or

(5)

any vehicle similar to any of the listed vehicles.

“Oversize vehicle” does not include any self-contained recreational vehicle which has a kitchen, bath or sleeping quarters and is designed for recreational purposes.

It shall be illegal for any person to park or allow to be parked on any property under his control an inoperable motor vehicle of any kind on any portion of a front yard.

If the driveway of a corner lot is constructed on a front yard, a resident may seek a specific use permit for parking in this area.

The outside storage of equipment, material, goods and supplies is prohibited in any area which is zoned SF-32, Single-Family Residential or SF-15, Single-Family Residential under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for residential purposes.

31.4

SPECIAL EVENTS AND OTHER ONE-TIME EVENTS

“Special event” means a festival, celebration, performance or other such special event which occurs no more frequently than once per year, and which will or should be reasonably anticipated to attract patrons or visitors in such numbers as to exceed the capacity of the permanent parking spaces required and provided under other provisions of this section for the property upon which the special event is to be held. Events which are conducted more frequently than once per year are not considered “special events” under the provisions of this subsection, and the property upon which these events are conducted must conform to the other provisions of this Article concerning parking requirements.

The persons or entities conducting any such special event shall submit to the administrative official at least forty-five (45) business days prior to said event a plan for the accommodation and parking of vehicles of persons reasonably expected to attend such event. The plan must include, at a minimum, the following information:

a description and the address of the premises where the event is to be held;

a description and the address of any property, other than the premises described in (a) above, where parking is to be provided for patrons or visitors to the event;

the name and address of the owner of the premises upon which parking for the event is to be provided, and a statement describing the terms and conditions of the agreement whereby the owner of such premises has authorized their use for parking;

the dates and times that the event is to be held;

the measures which will be taken by the persons or entities conducting the special event to ensure safe and orderly traffic flow to and from the event site and any parking area;

a plan or diagram of the proposed layout of the parking scheme upon the property to be used for parking for such event.

All parking for any such special event shall be provided off-street and on an area and surface reasonably anticipated to be dry and safe for vehicular and pedestrian traffic. No public property or rights-of-way may be utilized or included in such parking areas except upon express, prior written permission by the City Council.

Subject to the above requirements, the surface of such parking areas need not be paved or otherwise surfaced as required by the other provisions of this Article for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic reasonably anticipated for the special event at issue.

Upon submittal of the required parking plan to the City, the administrative official shall review it and shall advise the applicants whether any changes or modifications to said plan will be required. The administrative official has the sole discretion to approve or reject, or require modifications to, any parking plan required hereunder. No vehicles may be parked in any location not otherwise allowed under other subsections of this section, in connection with any special event, unless and until the City Council has issued a written approval of the parking plan of the special event.

Such written permission may be revoked at any time by the City Council if it is found that false or misleading information was contained in the proposed parking plan.

(Ordinance 2001-02 adopted 5/24/01; Ordinance 2001-02 adopted 5/24/01; Ordinance 2012-12 adopted 8/23/12; Ordinance 2014-12 adopted 3/27/14)

§ 32 Solar Energy Systems.

32.1

SPECIFIC REGULATIONS FOR SOLAR ENERGY SYSTEMS

The purpose of this section is to establish standards for Solar Energy Systems to accommodate solar energy systems in appropriate locations while protecting the public health, safety and welfare, and to provide a permitting process to ensure compliance with the requirements and standards established in this Section.

32.2

RESIDENTIAL ZONING DISTRICT

Ground Mounted Systems:

Front Yard:

No Solar Energy System shall be located forward of the frontmost building on the lot.

Side Yard:

No solar Energy System shall be located less than ten (10) feet from any side property line.

Rear Yard:

No Solar Energy System shall be located less than fifteen (15) feet from the rear property line.

Height:

No Solar Energy System shall be installed greater than six feet above ground level.

Length:

No Solar Energy System shall be installed greater than 20 feet in length.

Roof Mounted Systems:

No Solar Energy System shall be installed at a height exceeding six (6) inches between the top of the solar panel and the roof. However, the Building Official shall have discretion to allow modifications to this rule when the Solar Energy System is not visible from [the] right-of-way.

All Systems:

No Solar Energy System shall be constructed upon a lot until a primary structure has been built.

A line of sight analysis will be required in addition to the applicable submittal requirements of the City of Hudson Oaks Zoning Ordinance.

32.3

NON-RESIDENTIAL ZONING DISTRICTS

Ground Mounted Systems:

Front Yard:

No Solar Energy System shall be located forward of the frontmost building on the lot[.]

Side Yard:

No Solar Energy System shall be visible from any street frontage[.]

Rear Yard:

Solar Energy System installation must be screened from all right-of-way visibility.

Roof Mounted Systems:

No Solar Energy System shall be installed at a height exceeding six (6) inches between the top of the solar panel and the roof.

Solar Energy System shall be installed not to directly face any public street regardless of screening.

The Solar Energy System shall be parallel to the roofline.

The Solar Energy System shall be located no closer than two feet from the edge of any roofline, ridge or valley, and shall cover no more than 80% of the roof surface area.

All Systems:

No Solar Energy System shall be constructed upon a lot until a primary structure has been built.

32.4

APPLICATION AND DESIGN REQUIREMENTS

An application for a building permit for installation of a solar panel system shall be reviewed and approved by the Building Official, and must include all information requested on the application including, but not limited to:

All Solar Energy Systems plans must be designed by a licensed and registered engineer.

A letter from the professional engineer stating the roof will support the structural load of the system if it is a roof mounted system.

Scaled elevation drawings showing the location and height of the solar panel system.

Size of System (kW).

Framing plans if roof mounted.

Method of sealing/flashing for roof penetrations.

Connection details to building or ground mount.

Structural calculations or load diagram designed by a professional engineer.

Data cut sheets for battery storage (including type of battery).

Site Plan showing existing site easements, property lines, building setback lines, location of existing structures and proposed location.

Side view detail of the Solar PV system mount.

Electrical plans.

In addition to the construction documents, include a three line diagram, or a line diagram approved by the Building Official designed by a professional electrician licensed by the Texas Department of Licensing and Regulation (TDLR). AC and/or DC circuit arc fault protection as required by the National Electrical Code (NEC). Location of combiner box, disconnect switch, size of source circuit over current protection, service panel bus rating and main circuit breaker/fuse ampere rating. Circuit diagram, equipment grounding and bonding conductors and grounding electrode conductor if applicable.

Make, model and quantity of module, inverter and tracking system to be installed standards by the Nationally Recognized Testing Laboratory as appropriate.

If the solar panel system is to be interconnected with the distribution system of the electric utility provider, written authorization that the public utility company has been informed of the owner’s intent to install a customer-owned solar panel system and that such connection has been approved.

The solar photovoltaic (PV) system shall comply with the current NEC code as adopted by the City with an electrical diagram submitted for review to meet code compliance.

The solar panel must be installed by qualified or certified installers in accordance with the National Fire Protection Association National Electrical Code (NFPA 70) as adopted by the State of Texas, applicable ordinances, and subject to plan review and approval.

A licensed electrician shall install the solar panel electrical system and must be registered with the City.

PV systems shall comply with NEC Installation and Use section. Listed and labeled equipment shall be installed and used in accordance with any instructions included in the listing and labeling.

Upon completion of the Solar Panel System installation, a letter that the system has been installed in compliance with the adopted Electrical, Residential, and Building Codes of the City shall be delivered to the Building Official.

All plans shall be submitted electronically to the permit department along with a permit application.

32.5

NUISANCE ABATEMENT, MAINTENANCE AND DECOMMISSIONING

Glare.

A solar panel shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard. If necessary, screening, capable of providing year-round screening, shall be provided to protect roadways or adjacent properties from glare.

Enforcement.

A Solar Panel System, or any component thereof, that creates glare or reflection onto adjacent properties or roadways is determined to constitute a nuisance. If a solar panel system or ay component thereof is deemed to constitute a nuisance or a safety hazard, the Building Official has the authority to require the owner to remove, redesign or screen the solar panels to the extent necessary to eliminate the glare onto adjacent property or roadway.

Maintenance.

The owner of the property with a solar panel system shall maintain the system so that it does not create a safety issue for surrounding property owners.

Removal with disuse.

Any solar panel system that has been inactive for a continuous 12-month period shall be removed.

Editor’s note–Former section 32, pertaining to sign regulations was repealed in its entirety by Ordinance 2010-19 adopted by the city on November 22, 2010. Sign regulations can now be found in article 3.14.

(Ordinance 2018-12, sec. 2, adopted 7/26/18)

§ 33 Outdoor Lighting Requirements.

33.1

APPLICABILITY

All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this section, the Building Code and the Electrical Code of the City of Hudson Oaks as applicable and under appropriate permit and inspection. These lighting standards shall apply to all nonresidential uses in the City of Hudson Oaks. Unless otherwise stated, this ordinance does not regulate lighting in public road rights-of-way.

33.2

OUTDOOR LIGHTING PLAN

An Outdoor Lighting Plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-ways, public easements, franchises and utility easements for approval by the Building Official. An Outdoor Lighting Plan shall be submitted prior to issuing a building permit. Plans shall include the following:

A layout of the proposed fixture locations.

The light source.

The luminous area for each proposed light source with proposed footcandle measurements.

The type and height of the light fixture or of the light source above grade.

The type of illumination.

33.3

GENERAL LIGHTING REQUIREMENTS

Unless otherwise provided herein, illumination, where required by this Ordinance, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended.

Unless otherwise provided herein, all building lighting for security or aesthetics will be fully shielded type, not allowing any upward distribution of light. Wall-pack type fixtures are acceptable only if they are fully shielded with 80° cutoff.

No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one-tenths (0.25) [sic] of one footcandle of light measured at the residential property line and twenty-five hundredths (2.25) [sic] of one footcandle at any adjoining nonresidential property line.

Mercury Vapor lights are prohibited.

Shielding shall be required in all outdoor lighting installations as specified below.

Lamp Type	Shielding
Low Pressure Sodium (LPS)	Fully Shielded, with 80° cutoff
High Pressure Sodium (HPS)	Fully Shielded, with 80° cutoff
Metal Halide	Fully Shielded, with 80° cutoff
Halogen	Fully Shielded, with 80° cutoff
Mercury Vapor	Prohibited
Fluorescent	Fully Shielded, with 80° cutoff
Incandescent	Fully Shielded, with 80° cutoff
Any light source 50 watts and under	Unshielded Permitted
Low intensity Neon, Krypton or Argon Discharge Tubes	Unshielded Permitted

33.4

ILLUMINATION

Measurement:

Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods.

Computation of Illumination:

Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and man-made objects.

Limitations on neighboring property.

The limit of illumination on neighboring property from one (1) establishment shall be by zoning of the neighboring property. Maximum computed or measured footcandles at the neighboring property line shall not exceed:

Footcandles
Land Use Type	Horizontal
Single-family and two-family residential districts	0.25
Nonresidential districts	2.25

33.5

NONRESIDENTIAL LIGHTING PARAMETERS

All nonessential lighting shall be turned off after business hours, leaving only necessary lighting for nonresidential districts site security.

Floodlights, accent, aesthetic and security lights must be fully shielded and no uplighting shall be permitted except that lighting of 75 watts or less are excepted if necessary for security purposes.

Parking lots and vehicle movement areas shall not exceed a maximum illumination value of 10 footcandles nor a minimum illumination value of 1.0 footcandles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 32 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval of a Special Exception by the Zoning Board of Adjustments.

Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area.

Limitations on establishment property. The maximum outdoor initial computed or measured illuminance level on the establishment property shall not exceed forty (40) footcandles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed sixty (60) footcandles. Footcandles measurements that exceed the maximum may be considered in some situations upon approval of a Special Exception by the Zoning Board of Adjustments[.]

33.6

PUBLIC AND SEMIPUBLIC RECREATIONAL FACILITIES

Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:

Any illumination level exceeding a maximum of twenty (20) footcandle must receive prior approval by the Zoning Board of Adjustments.

All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cutoff capability, so as to minimize uplight, spill-light, and glare.

All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.

33.7

PROHIBITED LIGHTING ELEMENTS

Unless otherwise authorized, the following shall be prohibited except upon prior approval of a Special Exception by the Zoning Board of Adjustments.

Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.

Searchlights: The operation of searchlights for advertising purposes is prohibited.

Floodlights: The use of floodlights is prohibited.

Uplighting of display, building and aesthetic lighting is prohibited.

Mercury Vapor Lights

33.8

EXEMPTIONS

All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires.

All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this section, except that all luminaires used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.

Any luminaire of 75 watts or less provided the accumulated illumination of 50 watt luminaires does not exceed 75 watts.

Seasonal decorative lighting

33.9

TEMPORARY EXEMPTIONS

Upon approval by the Administrative Official, temporary exemptions from the requirements of this ordinance for a period not to exceed 30 days may be approved.

Any person may submit a written request, on a form prepared by the City for a temporary exemption request. The request shall contain the following information:

Specific exemption(s) requested

Type/use of outdoor lighting fixture involved

Duration of time requested

Type of lamp and calculated footcandles

Total wattage of lamp(s)

Proposed location of fixtures

Previous temporary exemption requests

Physical side of fixtures and type of shielding provided

Such other data or information as may be required by the Town Manager’s [City Administrator’s] designee.

Requests for renewal of exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than fourteen (14) days or a time period designated by the Administrative Official.

Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixture.

33.10

NONCONFORMING LIGHTING

All luminaires lawfully in place prior to the date of the Ordinance shall be considered as having legal nonconforming status. However, any luminaire that replaces a legal nonconforming luminaire, or any legal nonconforming luminaire that is moved, must meet the standards of this Ordinance.

(Ordinance 2001-02 adopted 5/24/01; Ordinance 2002-01, sec. 1, adopted 1/24/02)

§ 34 Screening Devices and Fence Regulations.

34.1

SCREENING REQUIREMENTS

The intent of this section is to provide for visual screening between land uses of different character and to establish requirements for the installation and maintenance of screening devices to enhance the community’s aesthetic qualities. A screening device shall be a solid, opaque, brick, stone or decorative block masonry wall, not less than six feet in height, measured at the highest finished grade, and designed by a professional civil engineer registered in the State of Texas. Construction and location details of the required screening devices shall be shown as part of the engineering site plan for all multifamily and nonresidential uses and as part of the final plat construction plans for all single-family residential uses. The screening wall shall be compatible in color and finish with the principal building(s) and/or existing screening walls. The required screening wall shall be constructed prior to any building permits being issued for single-family residential subdivisions and before issuance of a certificate of occupancy for non-single-family developments. For the purpose of this section, single-family residential subdivision shall be defined as a subdivision containing two or more lots.

Single-Family Residential Screening Requirement.

All single-family detached and attached residential subdivisions adjacent to major thoroughfares, as identified on the Hudson Oaks Thoroughfare Plan, shall be screened from the street. This includes all lots backing or siding on a thoroughfare. A screening wall is also required where an alley is parallel to and adjacent to a public street. Where single-family lots side on a major thoroughfare, a combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40 percent of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting, shall be planted on the interior side of the wrought iron portion of the wall.

Screening Wall Articulation.

Masonry screening walls adjacent to thoroughfares or collector streets shall be constructed to the following standards:

Offsets shall be provided every 100 feet or less;

Offsets shall be designed to be located at lot line intersections;

Offsets shall be a minimum of 3 feet in depth and 8 feet in length;

Live plant materials shall be incorporated in the design of the offsets;

Offset sections of the screening wall may be constructed of alternate non-masonry materials such as ornamental iron; and

A 5-foot perimeter screening wall and landscape easement shall be dedicated for the perimeter improvements.

Screening Wall Between Single-Family and Multifamily Zoning Districts.

There shall be constructed a structural screening wall of not less than six feet in height along any portion of multifamily residential zoning districts, which adjoins any single-family detached and attached zoning district, mobile home park or mobile home subdivision.

The construction of the screening wall is the responsibility of the multifamily property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing multifamily use, with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.

A combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40 percent of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting shall be planted on the interior side of the wrought iron portion of the wall.

Screening Wall Between Commercial and Residential Zonings.

There shall be constructed a screening wall of not less than six feet along any portion of an office use and a screening wall of not less than eight feet along any portion of a commercial, retail, industrial or warehouse use, which adjoins any portion of a single-family detached or attached residential, multifamily residential, mobile home park or mobile home subdivision zoning district.

The construction of the screening wall is the responsibility of the commercial or industrial property owner. However, if a single-family residential subdivision or a multifamily residential use is being constructed adjacent to an existing commercial or industrial use with no screening wall in place, the construction responsibility will shift to the residential developer/owner.

Screening requirement for institutional uses (schools and churches, etc.) in commercial zoning will be considered on a case-by-case basis.

Screening Wall Requirement for Manufactured Housing Parks and Subdivisions.

All manufactured housing parks and subdivisions shall be screened by a screening wall of not less than six feet in height on all sides.

The construction of the screening wall is the responsibility of the mobile home park or subdivision property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing manufactured housing park or subdivision with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.

Screening Requirement for Wrecker Service Storage Yards and Wrecked Vehicles.

All wrecker service storage yards shall be screened by a screening wall of not less than eight feet in height on all sides.

Screening walls shall also be provided anywhere wrecked vehicles are kept, such as auto body shops and repair garages. This provision does not apply if wrecked vehicles are kept within a completely enclosed building.

Any portion of the storage yard adjacent to or fronting a street shall be screened with an eight-foot decorative fence.

Other portions of the storage yard not adjacent to or fronting on a street, may be fenced with an eight-foot solid, opaque fence.

Screening Requirement for Outside Storage.

In all zoning districts where outside storage of equipment, material, goods and supplies is allowed, all outside storage shall be screened from the view of any adjacent public street by a screening wall not less than eight feet in height.

Any portion of the storage yard adjacent to or fronting a street shall be screened with an eight-foot decorative fence.

Materials and supplies may not be stacked higher than the height of the fence.

Other portions of the storage yard not adjacent to or fronting a street may be fenced with a solid, opaque fence.

This provision does not apply to display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers.

34.2

FENCING REQUIREMENTS

On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2.5) and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.

On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley or private street or driveway from or to adjacent private property.

No screening element comprised of brick, masonry, concrete or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service or drainageway, within the easements reserved therefor.

Garbage, refuse and trash collection and storage areas in nonresidential districts shall be fully enclosed by a suitable screening element at least six feet high or 6 inches above the height of the dumpster whichever is greater.

Electric fences are expressly prohibited in all districts except those where agricultural and related principal activities are permitted, provided such fences shall be plainly marked at appropriate intervals as to the nature thereof.

Barbed wire fences used in conjunction with permitted agricultural uses and activities in the agricultural zoning district are permitted, provided the building official deems there is no safety hazard related issues associated with said fence. Barbed wire fencing is expressly prohibited in all other zoning districts.

Razor wire fencing, or other similar material, is strictly prohibited in residential zoning districts. When used in other districts, razor wire fencing must be a minimum of eight feet in height.

34.3

FENCES IN RESIDENTIAL DISTRICTS

Screening elements and fences shall be restricted to a maximum height of six feet, measured from the adjacent grade line, except as otherwise allowed in this section. Fences may be permitted to be constructed to heights exceeding six feet by special exception as approved by the Zoning Board of Adjustment.

Garbage, refuse and trash collection and storage areas in any multifamily development, mobile home development or other nonresidential use permitted in a residential district shall be fully enclosed on three sides by a dense screening element to adequately screen such area from view of the surrounding area.

Except as provided below, no fence or wall shall be permitted within the required front yard or past the front corner of the building of any single-family residential lot that is adjacent to a public street or right-of-way as shown in the Fence Exhibit below:

In cases where the side and rear building line of the yards on a corner lot and interior lot adjoin, the fence may be constructed out to the property line of said side yard, so that the street-side yard may be included as part of the lot’s back yard area.

Fencing for farm and ranching purposes shall be allowed in the SF-2A zoning district or on undeveloped lot greater than two acres.

FENCE EXHIBITS

Wood panel fences shall be constructed such that the support rails are located on the inside of the lot and the panel is located on the outside of the lot, so as to present a “smooth side out” appearance to the fence.

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes. Chainlink fencing shall be prohibited in all residential zoning districts if visible from the public right-of-way and/or if used as the outermost fence.

(Ordinance 2001-02 adopted 5/24/01; Ordinance 2004-03, sec. I, adopted 2/26/04; Ordinance 2010-01 adopted 2/25/10; Ordinance 2022-11 adopted 7/28/2022)

§ 35 Landscape Regulations.

35.1

PURPOSE

It is the purpose of this section to establish certain regulations pertaining to landscaping within the City. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to:

promote the value of property, enhance the welfare of the general public, and improve the physical appearance of the City;

to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment; and

to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habit for wildlife and enhance the overall beauty of the City of Hudson Oaks.

These landscape regulation establish requirements in the SF-2A, SF-1AP, SF-32, MF, MH, RC, GC, I and FW zoning districts.

Those land areas located on a developed single-family residential lot contained within a plat of record on which an owner occupied or rental residential structure is currently located are exempt from the requirements of this Ordinance.

35.2

EVENTS CAUSING COMPLIANCE

Land use not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:

a change in zoning;

requirement of landscaping as a Specific Use Permit;

issuance of a building permit; or

loss of legal non-conforming status.

35.3

LANDSCAPING GENERALLY

Landscape installation required

Twenty-five (25) percent of the total lot shall be required to be landscaped. Landscaping which includes the planting of new shrubs, trees and flowering plants in addition to the retention of existing trees. The City Administrator or his/her designee may approve a reduction of the landscape requirement to fifteen (15) percent of the total lot area only if all plant species used in the landscaping are native and drought tolerant, and at least fifty (50) percent of the existing Protected Trees as defined by the Tree Preservation Ordinance outside of the building pad are retained. Lots shall be landscaped with a diversity of plant material.

Any lot upon which development or construction occurs on, or after the effective date of this Ordinance shall be landscaped in accordance with this Ordinance.

Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as they are being developed.

35.4

LANDSCAPING PLAN REQUIRED

The applicant, or his/her designee may prepare the landscape plan. The landscape plan is not required to be prepared by a registered or certified landscape architect.

The landscaping plan shall be submitted to the City as part of the site plan, and shall be approved by the City Administrator or his/her designee. A landscape plan meeting the requirements of this Ordinance shall be provided and approved before the issuance of a building permit.

The landscape plan shall contain the following information:

drawn to a minimum scale of one inch equals 50 feet;

location of all trees to be preserved – the method of preservation during the construction phase of the development shall be approved by the City Administrator;

location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;

species list of all plant material to be used;

size of plant material to be used;

spacing of plant material where appropriate;

layout and description of sprinkler or drip irrigation system, including placement of water sources;

description of maintenance provisions of the landscape plan;

name and contact information for person responsible for the preparation of the landscape plan;

35.5

LOCATION CRITERIA

Not less than forty (40) percent of the total landscaping shall be located in the designated front yard.

All landscape material shall comply with visibility requirements of the Subdivision Ordinance.

35.6

CREDITS TOWARD LANDSCAPING REQUIREMENTS

The use of a variety of plant material native to the area, or locally adapted for drought tolerance is highly encouraged. Landscape requirements shall be reduced by five (5) percent to a total of twenty (20) percent if all plant species used in the landscaping of the lot are native or locally adapted for drought tolerance.

Additional landscape credit may be obtained by providing the following landscape elements:

Table 35.6.B - Landscape Area Credit
For each three (3) inch tree	300 sq. ft.
For each existing Protected Tree as defined by the Tree Preservation Ordinance	600 sq. ft.
For each three (3) gallon shrub	10 sq. ft.
For each five (5) gallon shrub	25 sq. ft.
For each sq. ft. of flowering beds	2.5 sq. ft.
For each sq. ft. of xeriscape area	5 sq. ft.
For each sq. ft. of landscaped ROW	5 sq. ft.

In no instance shall the total amount of landscaping on a lot be reduced to less than fifteen (15) percent of the lot area through the use of landscape credits.

Xeriscaped area and methodology shall be clearly located and detailed on the site plan. In addition, the xeriscape methodology shall be detailed on the site plan.

A flowering bed is any area where the soil has been specifically prepared for the planting of flowering plants. In order to be considered for landscape credit calculations, at least eighty (80) percent of the prepared area must be covered with flowering plant material at the time of peak growth.

Except as otherwise required in the calculation of Protected Trees as defined in the Tree Preservation Ordinance, trees are to be measured at a point twelve (12) inches above the top of the ground.

In order to receive credit for protecting and keeping existing trees, the area within the dripline of the tree must be protected by orange construction fencing during grading and construction.

35.7

INSTALLATION AND MAINTENANCE

All required landscaped area shall be permanently landscaped with living plant material. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this ordinance.

All required landscaped area located within the MF, RC, GC, FW and I zoning districts shall be irrigated with an in ground, automated sprinkler or drip irrigation system that use rain and freeze sensors.

All required landscaped area located within the SF-2, SF-1AP, SF-32 and MH zoning districts shall be irrigated with an in ground sprinkler or drip irrigation system that use rain and freeze sensors, or have other irrigation means available, such as a water faucet or bibcock.

All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.

Landscaped areas should be kept free of trash, litter, weeds and other such material or plants not part of the landscape plan.

Plant materials that die shall be replaced with plant material of similar variety and size within 90 days. The City Administrator may extend this requirement an additional 3 months if planting is impractical due to seasonal limitations.

35.8

LANDSCAPING OF PARKING LOTS

It is the intent of these parking, lot landscape requirements to encourage the design and construction of parking areas to preserve existing trees, and to provide parking areas that assist in minimizing storm water run-off and heat island effect through the use of landscaped areas.

A minimum of ten (10) percent of the gross parking area shall be devoted to living plant material. Gross parking area shall be measured from pavement edge to pavement edge and shall include all parking areas, driveways, drive-thrus and sidewalks..

Landscaped areas within the interior of the parking lot shall be located in a manner to best relieve large expanses of pavement area. The placement of additional landscaped islands in excess of ten (10) percent is encouraged.

A curb of four inches in height shall surround landscaped areas located within the interior of a parking lot.

Landscaping within a parking lot shall not create a visibility obstruction No shrubs shall exceed 24 inches in height. Tree canopies shall be pruned so at [as] to avoid the creation of a visual obstruction.

An appropriate aeration method must be identified and included in the site plan for existing trees located in the parking area.

Credit for four (4) parking spaces will be provided for each 200 sq. ft. landscaped island within the parking area. Credit for landscaped islands cannot reduce the overall parking requirements by more than twenty (20) percent or 10 total spaces - whichever is less.

35.9

LANDSCAPING AS RELATED TO CERTIFICATE OF OCCUPANCY

All landscaping requirements contained herein, shall be completed and installed in accordance with the requirements of this ordinance before a certificate of occupancy shall be issued. The City Administrator may authorize the issuance of a six (6) month temporary Certificate of Occupancy if planting is impractical due to seasonal limitations.

Failure to meet the requirements of this Ordinance shall result in the revocation of the Certificate of Occupancy.

35.10

NONCONFORMING LANDSCAPING CONDITIONS

Developments, structures, and uses in existence at the time of the adoption of this Ordinance, which do not meet the landscape requirements contained herein, will be considered legal nonconforming uses, and are subject to Section 37, Nonconforming Uses, Lots and Structures of the City of Hudson Oaks Zoning Ordinance.

35.11

RELIEF FROM LANDSCAPING REQUIREMENTS

Upon completion of the following, the City Administrator may provide relief from landscaping requirements for unique and individual circumstances, such as the presence of existing facilities or unusual topography, which prohibit the applicant’s ability to comply with the requirements of this Ordinance.

The applicant shall provide an alternative landscape plan for review and approval. The alternative plan shall provide the same information as required in section 35.4 of this Ordinance

The alternative plan shall provide a written explanation reasoning why the relief should be granted.

35.12

LANDSCAPING IN THE MF DISTRICT

Development in any lot MF Zoning District shall meet all of the requirements of this Ordinance arid the following additional requirements:

A landscaped buffer of 20 feet will be required along any property line abutting SF-2A, SF-1AP or SF-32.

Not less than twenty (20) percent of the gross site area shall be devoted to open space, in addition to required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets.

Landscaping consisting of shrubs, trees and flowering plants, shall be placed in the yard facing any public right-of-way.

(Ordinance 2008-07 adopted 2/28/08; Ordinance 2021-22 adopted 8/26/21)

§ 36 Wireless Communication Facilities.

36.1

PURPOSE

Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety, and general welfare of the citizens of the City. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts, and towers hereinafter enumerated shall not be deemed violations of this ordinance when made under the conditions herein provided.

36.2

DEFINITIONS

See Section 36 [48.4] for Wireless Communications Facilities definitions.

36.3

RESIDENTIALLY ZONED DISTRICTS - AMATEUR RADIO EQUIPMENT AND TV ANTENNAS

Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas, shall be allowed in the SF-2A, SF-32, SF-15, MF, and MH zoning districts if they comply with the following regulations:

Antenna facilities may be building attached, monopoles, or lattice towers;

Up to 3 antenna facilities may be located on a lot of record, co-location is encouraged;

An antenna facility, exclusive of the height of any antenna or mast, shall not exceed thirty-five (35) feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations contained in Section 28 Accessory Buildings. Regardless of the above, the maximum height for a tower permitted without a Special Exception in any residential district shall be 65 feet;

The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a Special Exception.

An antenna not fastened to an antenna facility shall not exceed 50 feet without a Special Exception, except for an antenna which does not extend more than eight feet above a building on which it is mounted;

A antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements;

Setbacks:

Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;

Guy wires are permitted in required side and rear yards;

Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts;

Separation: There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;

Antenna facilities shall not be permitted in any easement;

Lights: No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;

Construction standards: A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;

Maintenance: Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance, as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare;

No part of an antenna facility or any attachment thereto may extend beyond the property lines of this owner of such antenna or antenna facility;

No permit shall be issued for the installation of an antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department;

All antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the building code;

A Special Exception must be obtained in the residential zoning districts for any antenna facility which does not comply with the regulations specified hereinabove.

36.4

NONRESIDENTIAL DISTRICTS

Radio, television, microwave broadcast relay, receiving towers, transmission and retransmission facilities, satellite receiving only earth stations (home dish antenna), and any electronic emission equipment of a commercial nature shall be allowed in the nonresidential zoning districts if it complies with the following regulations:

Up to 3 antenna facilities may be located on a lot of record, co-location is encouraged;

Antenna facilities shall be limited to building attached and monopoles only;

An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations herein. Regardless of the above, the maximum height for an antenna facility permitted without a Special Exception in any nonresidential district shall be 65 feet;

With the exception of stealth facilities, the height of an antenna, including the height of any antenna facility to which they may be fastened or attached, shall not exceed 65 feet in height without a Special Exception;

With the exception of stealth facilities, an antenna shall not extend more than eight feet above a building on which it is attached;

An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements;

Setbacks: With the exception of stealth facilities, antennas and antenna facilities shall not be permitted in front or side yards;

Antenna facilities shall not be permitted in any easement;

Lights: No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;

Construction standards: A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Antenna facilities must be installed as per the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facility and antennas must meet the Electronic industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;

Maintenance: Antenna facilities and antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare;

No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;

No permit shall be issued for the installation of an antenna or antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department;

All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the Building Code;

A Specific use permit must be obtained in nonresidential zoning districts for any antenna or tower which does not comply with the regulations specified hereinabove.

Stealth facilities, which meet the definition of stealth as provided in Section 48.4, Wireless Communications Facilities Definitions shall be exempt from the height and location requirements of this section. In addition, the City Manager [Administrator] or his designee shall be the final authority as to whether or not any facility meets the definition of “stealth”.

36.5

WRITTEN REPORT UPON DENIAL OF REQUEST

The City of Hudson Oaks shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.

36.6

SATELLITE RECEIVE-ONLY ANTENNAS GENERALLY

Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this ordinance when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives.

36.7

SATELLITE RECEIVE-ONLY ANTENNAS

A satellite receive-only antenna shall be allowed if it complies with the following:

The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land use regulations or;

The satellite receive-only antenna is less than one meter in diameter in any residential zoning district.

36.8

LARGE SATELLITE RECEIVE-ONLY ANTENNAS

Satellite receive-only antennas that are greater than one meter in diameter in residential districts or greater than two meters in diameter in nonresidential districts shall be allowed in any zoning district if they comply with the following regulations:

Only one satellite receive-only antenna per lot of record;

A satellite receive-only antenna shall not exceed ten feet in height;

Setbacks:

Front and side: Satellite receive-only antennas shall not be permitted in front or side yards;

Rear: Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts;

Separation: There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;

Satellite receive-only antennas shall not be permitted in easements;

Lights: No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;

Construction standards: A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas;

Maintenance: Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare;

No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna;

No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the Building Department;

All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened;

A Special Exception must be obtained for any satellite receive-only antenna which does not comply with the regulations specified hereinabove.

36.9

SPECIAL EXCEPTION

A Special Exception must be obtained for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this section, hereinabove. In considering whether to grant a Special Exception from the regulations specified above, the following shall be considered:

The effect on the value of the surrounding property;

The potential for interference with the enjoyment of the use of surrounding properties;

Aesthetics;

The necessity of the Special Exception for the public health, safety, and welfare of the citizens or for governmental purposes;

The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought;

The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:

Have a clearly defined health, safety or aesthetic objective; and

Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;

The unique conditions that govern reasonable reception on any given lot;

To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:

Describe the nature of the antenna site. Indicate whether the proposed structure is a on a pole or mounted to a self-supporting structure. Indicate the proposed height;

Provide photos or drawings of all equipment, structures and antenna;

Describe why the antenna or tower is necessary;

State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;

Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider,

The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Please identify the location of these existing sites. If yes, please describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not;

Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis fair each reason;

If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identity the location of these commercial and/or industrial district sites. Please describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites’ owners and/or operators which confirm the statements provided;

Indicate the proposed provider’s current coverage area for the City. Attach maps showing the areas the proposed provider’s existing antenna currently cover, the areas the applicant’s existing sites and other existing sites would cover, and the areas the applicant’s existing sites and the requested site would cover.

Describe the applicant’s master antenna and tower plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan.

Describe the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the City.

The city council will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:

Applicant will permit co-location of others at the site;

Applicant will configure its antenna and other equipment to accommodate other providers;

Applicant will identify its backhaul provider connecting antenna sites; and

Applicant will give notice to the city identifying any providers who co-locates to the site and identify their backhaul provider.

(Ordinance 2001-02 adopted 5/24/01)

§ 37 Nonconforming Uses, Lots, and Structures.

37.1

CATEGORIES OF NONCONFORMITIES; PURPOSE

Within the districts established by this ordinance, or amendments that may later be adopted, there may exist[:]

lots and uses of land,

buildings and structures,

uses of land and buildings in combination, and

characteristics of use

which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments.

Such nonconforming uses, structures or lots are deemed to be incompatible with permitted uses and structures in the applicable zoning district and are contrary to the stated purposes of this ordinance. With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconformities be eliminated and be required to conform to the regulations in this ordinance. Notwithstanding the above, such nonconforming use, structure or lot may be continued subject to the conditions and limitations set forth in this section.

37.2

NONCONFORMING USES REGULATED

No nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this section.

37.3

NONCONFORMING STATUS

Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located, is nonconforming when;

The use, lot, or structure was in existence and lawfully operating on the date of the passage of this ordinance, and has since been in regular and continuous use; or

The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; or

The use, lot, or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

37.4

NONCONFORMING LOTS OF RECORD

In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective data of this ordinance. This provision shall apply even though such lot or lots fall to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.

37.5

NONCONFORMING USES OF LAND

Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.

If any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than 6 months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

37.6

NONCONFORMING BUILDINGS

Where a lawful building exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such nonconforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with city building codes.

Should such nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board’s findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property.

Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

37.7

NONCONFORMING USES OF BUILDINGS

If lawful use involving individual buildings exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in a particular district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

No existing building devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with city building codes.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

If no structural alterations are made, except as required by the city’s building codes, any nonconforming use of a building, or building and premises, may be changed to another nonconforming use provided that the zoning board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

Any building in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

When a nonconforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.

Where nonconforming use status applied to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land.

Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

Where nonconforming use status applies to a conforming building, such use shall be immediately terminated upon transfer to another ownership or lease.

37.8

REPAIRS AND MAINTENANCE

On any nonconforming building or portion of a building containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming building or nonconforming portion of the building, as the case may be, provided that the cubic content existing when It became nonconforming shall not be increased.

If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized city official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

37.9

DISCONTINUANCE OR ABANDONMENT.

To maintain its nonconforming status, a nonconforming use or structure must remain in regular and continuous use. If any nonconforming use of property (whether structure or land) shall be discontinued or abandoned under the terms and conditions of this subsection, such use shall not be resumed, and any subsequent use of the property shall conform to the regulations specified by this ordinance for the district in which such property is located.

Abandonment.

Abandonment occurs when i) the owner closes or ceases using a property; ii) the owner makes any act or statement that manifests an intent to make such closure or cessation permanent; and iii) the closure or cessation of the use lasts for a period of 120 consecutive days. Abandonment is conclusively deemed to have occurred if the zoning administrator has determined that:

the structure or use is in an advanced stage of dilapidation;

the property owner has received notice that the structure or use is non-compliant with one or more health and safety codes such as the building, plumbing, electrical, and mechanical codes that govern the use of structures designed for human occupancy and has failed to obtain necessary permits and commence work to repair or remove the deficiencies within 120 days of the notice; and

the structure or use is unsafe for the continuation of such use or occupancy.

Discontinuance.

Discontinuance occurs when there is a closure or cessation of a use or occupancy of a structure for a period of 180 consecutive days, irrespective of whether the owner has an intent to abandon the use. When land or a structure that is nonconforming has historically been used only on a seasonal basis, such use shall be deemed to have been discontinued if, irrespective of whether the owner has an intent to abandon the use, such property is not operated as a nonconforming use in a bona fide manner during the normal and customary season or period of operation during which such nonconforming use has historically operated.

Written Determination.

Upon the request of the City or any owner of real property within one thousand (1,000) feet of the property containing the nonconforming use or structure, the zoning administrator shall make a written determination as to whether such use has been abandoned or discontinued as provided herein.

Appeal.

If the requestor or the owner of the nonconforming uses wishes to appeal a determination of the zoning administrator as to whether the nonconforming use has been abandoned or discontinued, such person may perfect an appeal in accordance with section 40.5 of this ordinance. In order to reverse a determination that the owner of the nonconforming use intended to abandon the use, the owner shall bear the burden of proof and production to establish that the owner did not have actual intent to abandon the use.

Hardship.

Upon evidence of hardship, the Zoning Board of Adjustment shall have the authority to extend the time limits in this subsection to a period not to exceed one year.

37.10

CHANGES THAT LESSEN NONCONFORMITY

Changing to a more restricted or less intensive nonconforming use that lessens the extent of the original nonconformity may be permitted by the Zoning Board of Adjustment.

37.11

CERTIFICATE OF OCCUPANCY

No nonconforming building or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or buildings shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance.

37.12

AMORTIZATION

The City Council may request that the Zoning Board of Adjustment establish a compliance date for discontinuance of a nonconforming use, structure or lot in accordance with this section.

In determining whether to initiate an amortization proceeding, the Zoning Board of Adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconforming use, structure or lot to the zoning district in which it is located, the effect of the nonconforming use, structure or lot on the surrounding area, the effect of cessation of the nonconforming use, structure or lot on the area, any other danger or nuisance to the public caused by the nonconforming use, structure or lot, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the City Council initiate rezoning of the property to bring the nonconforming use, structure or lot into compliance with applicable zoning regulations.

Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.

The compliance date for discontinuance of a nonconforming use, structure or lot shall be prescribed by the board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconforming use, structure or lot to give the property owner an opportunity to recover his investment from the time the nonconforming use, structure or lot commenced, as allowed by law, the board shall consider the following factors:

The owner’s capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

Any return on investment since inception of the nonconforming use, structure or yard, including net income and depreciation;

The anticipated annual recovery of investment, including net income and depreciation; and

Any other factors allowed by law.

(Ordinance 2011-08 adopted 6/23/11; Ordinance 2021-01 adopted 1/28/21)