This article shall be known as, and may be cited and referred
to as the comprehensive zoning ordinance of the town.
(2002 Code, sec. 12.101)
The zoning regulations and districts herein established have
been made in accordance with a comprehensive plan for the purpose
of promoting the health, safety, morals and general welfare of the
town. They have been designed to lessen congestion in the streets;
to secure safety from fire, panic and other dangers; to provide adequate
light and air; to prevent the overcrowding of lands; to avoid undue
concentration of population; to facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements. They have been made with reasonable consideration, among
other things, of the character of the district and its peculiar suitability
for the particular uses, and with a view of conserving the value of
buildings and encouraging the most appropriate use of land throughout
the community. As of October 29, 1998, all existing uses of land and
structures in the town shall be considered lawful and grandfathered.
(2002 Code, sec. 12.102; Ordinance 2003-0908-01 adopted 9/8/03)
For the purpose of this article certain terms and words are
herewith defined and shall have the meaning here supplied. Words used
in the present tense include the future; words in the singular number
include the plural number and words in the plural number include the
singular number; the words “building” includes the word
“structure”; the word “lot” includes the words
“plot” and “tract”, etc.; the word “shall”
is mandatory and not discretionary.
An “accessory building or use” is one which a)
is subordinate to and serves a principal building or principal use;
b) is subordinate in area, extent, or purpose to the principal building
or principal use served; c) contributes to the comfort, convenience,
and necessity of occupants of the principal building or principal
use served; and d) is located on the same building lot as the principal
use served. “Accessory” when used in the text shall have
the same meaning as accessory use.
A public place or thoroughfare which may afford secondary
means of access to properly abutting thereon.
An alternative financial establishment is a car title loan
business, check-cashing business, or money transfer business. An alternative
financial establishment does not include state or federally chartered
banks, community development financial institutions, savings and loans,
and credit unions. An alternative financial establishment does not
include an establishment that provides financial services that are
accessory to another main use.
For the purposes of this definition, a “car title loan
business” means an establishment that makes small, short-term
consumer loans secured by a title to a motor vehicle. A “check-cashing
business” means a business that provides check cashing, payday
cash advance, payroll advance, short-term cash loan, short-term cash
advance, instant payday cash advance, short-term money loan services,
or similar services to individuals for a specified fee. A “money
transfer business” means an establishment that transmits funds
for a fee.
An alternative financial establishment must have at least
one parking space for each 250 square feet of floor area, or portion
thereof.
No alternative financial establishment may be located within
1,500 feet, measured from property line to property line, of any other
alternative financial establishment. No alternative financial establishment
may be located within 300 feet, measured from property line to property
line, of a lot in a residential district.
An establishment offering for sale, within a building, articles
such as glass, china, furniture or similar furnishings and decorations
which have value and significance as a result of age, design and sentiment.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence for a single-family
or group of individuals living together.
Any building, or portion thereof which is designed, built,
rented, leased, or let to be occupied as three (3) or more dwelling
units or apartments, or which is occupied as a home or place of residence
by three (3) or more families.
The area of the lot shall be the net area of the lot and
shall not include portions of public streets, or alleys.
An institution for the collection, display and distribution
of objects of art or science, and which is sponsored by a public or
quasi-public agency and which facility is open to the general public.
An open area or lot used for the display or sale of automobiles,
where no repair work is done except minor reconditioning of the cars
to be displayed and sold on the premises, and no dismantling of cars,
or sale or keeping of used car parts or junk on the premises.
A parcel of land with or without buildings where vehicles,
materials, or equipment is dismantled, sorted, offered for sale, stored,
loaded, or unpacked.
A building story which is partly underground but having at
least one-half its height above the average level of the adjoining
ground. The portion below the average level of the adjoining ground
shall not be counted in computing building height.
An owner-occupied private home which offers lodging for paying
guests, and which serves breakfast to these guests and contains one
(1) or more guest bedrooms.
An area enclosed by streets and occupied by or intended for
buildings, or if said word is used as a term of measurement, it shall
mean the distance along a side of a street between the nearest two
(2) streets which intersect said street on the said side.
Any structure built for the support, shelter, and enclosure
of persons, animals, chattels, or movable property of any kind. When
subdivided in a manner sufficient to prevent the spread of fire, each
portion so subdivided may be deemed a separate building.
“Building height” is the number of stories contained
in a building and/or the number of feet above the average level of
the adjoining ground.
A line parallel or approximately parallel to the street line
or property line at a specific distance there from marking the minimum
distance from the street line or property line that a building may
be erected.
A “building lot” is a single tract of land located
within a single block which (at the time of filing for a building
permit) is designed by its owner or developer as a tract to be used,
developed, or built upon as a unit, under single ownership or control.
It shall front upon a street or approved place. Therefore, a “building
lot” may be subsequently subdivided into two (2) or more “building
lots” or a number of “building lots,” subject to
the provisions of this article and the subdivision chapter.
The building inspector or administrative official charged
with the responsibility for issuing permits and enforcing the Zoning
Ordinance, Subdivision Ordinance, and Building Code.
A “car wash” is a building, or portion thereof,
containing facilities for washing automobiles using automated methods
including chain conveyor, blower, steam cleaning device, or other
mechanical devices. A “car wash” may be self-service.
A story having more than one-half of its height below the
average level of the adjoining ground. A cellar shall not be counted
as a story for the purpose of height measurement.
An official certificate issued by the town through the building
official which indicates conformance with or approval of a conditional
waiver from the zoning regulations and authorizes legal use of the
premises for which it was issued.
A commercial facility licensed by the state department of
protective and regulatory services (TDPRS) and may be titled a nursery
school, kindergarten; child development center, day care center; private
school, etc. which provides care for less than twenty-four (24) hours
a day for more than eight (8) children under age fourteen (14).
A place of assembly and worship by a recognized religion
including synagogues, temples, churches, instruction rooms, and the
place of residence for the ministers, priests, rabbis, teachers, and
directors of the premises.
A group of offices for one (1) or more physicians, surgeons,
dentists or similar members of the medical profession to treat sick
or injured out-patients or animals.
An amusement operation, such as a bowling alley, movie theater,
etc., housed in a building.
An amusement operation, such as a golf driving range, pitch
and putt course, archery, miniature golf, and similar outdoor activities,
but not including go-cart racing, drag strips, auto racing and motorcycle
racing.
An institution established for educational purposes and offering
a curriculum similar to the public schools or an accredited college
or university, but excluding trade and commercial schools.
The words “planning commission” or “commission”
shall mean the planning and zoning commission of the town.
A building dedicated to social or recreational activities,
serving the town or neighborhood and owned and operated by the town
or by a non-profit organization dedicated to promoting the health,
safety, morals and general welfare of the town.
A “conditional use” is a use which shall be permitted
in a particular district only upon fulfillment of the condition as
set forth for that use in the use regulations for the appropriate
district.
Any structure used for, or customarily occupied by, persons
recovering from illnesses or suffering from infirmities of age.
The word “council” shall mean the town council.
An open, occupied space bounded on more than two (2) sides
by the walls of a building. An inner courtyard is entirely surrounded
by the exterior walls of a building. An outer courtyard is a court
having one (1) side open to a street, alley, yard, or other permanent
open space.
An establishment offering to the general public facilities
for dancing and entertainment for a fee and subject to licensing and
regulation by the town.
The mean horizontal distance between the front and rear lot
lines.
A “development” includes the construction of
new buildings or structures on a building lot, the relocation of an
existing building on another building lot, or the use of open land
for a new use. To “develop” is to create a development.
A section of the town for which the regulations of this article,
such as the area, height, use, etc. of the land and buildings, are
uniform.
Any building or portion thereof which is designed, rented,
leased, or let to be occupied as two (2) or more dwelling units or
apartments of which is occupied as a home or residence of two (2)
or more families.
A detached building, but not a house trailer, having accommodations
for and occupied by not more than one (1) family, located on a lot
or separate building tract, and having no physical connection to a
building located on any other separate lot or tract.
A building or portion of a building which is arranged, occupied,
or intended to be occupied as living quarters of a family as two (2)
families.
One (1) or more persons occupying a premises and living as
a single housekeeping unit, with single kitchen or culinary facilities
in which not more than two (2) individuals are unrelated by blood,
marriage or adoption, as distinguished from a group occupying a boarding
house, lodging house, hotel, club, fraternity or sorority house.
An area which is used for growing of usual farm products,
vegetables, fruits, trees, and grain and for the raising thereon of
the usual farm poultry and farm animals such as horses, cattle, and
sheep and including the necessary accessory uses for raising, treating,
and storing products raised on said premises, but not including the
commercial feeding or the feeding of garbage to swine or other animals
and not including any type of agricultural or husbandry specifically
prohibited by ordinance or law.
The total square feet of floor space within the outside dimensions
of a building including each floor level, but excluding porches, carports,
garages, or unfinished cellars.
An “auto repair garage” is a building or portion
thereof whose principal use is for the repair, servicing, equipping,
or maintenance of motor vehicles or motor vehicle components, including
engines, radiators, starters, transmissions, brakes, tires, and wheels,
seats, and similar components.
A “private garage” is an accessory building designed
or used for the storage of motor vehicles owned and used by the occupants
of the building to which it is an accessory.
A building or portion thereof; other than a private garage,
used exclusively for parking or storage of self-propelled vehicles,
but with no other services provided except facilities for washing
vehicles stored therein.
Any manufacturing, industrial, servicing or storage process
not prohibited by law. However, the following uses may only be located
in the General Industrial District, upon the approval by the town
council in accordance with the procedure established for specific
use permits:
Acid manufacture;
Ammonia manufacture;
Asphalt manufacturing plant;
Carbon Black manufacture;
Cement, lime, gypsum or plaster of paris manufacture;
Chlorine manufacture;
Cotton gin or compress;
Electroplating or battery making with acid, fume and odor controls;
Explosives storage or manufacture;
Glue and fertilizer manufacture;
Petroleum and petroleum products, refining and manufacture;
Petroleum tank farm;
Petrochemical plant;
Plastic products manufacture, with dust and fume control;
Paint, oil, shellac and lacquer manufacture when hoods and fume
destructors are used in the cooking process;
Rendering plant;
Tanning, curing, treating or storage of skins or hides;
Any use which, due to the possible emission of excessive smoke,
noise, gas, fumes, dust, odor or vibration or danger of explosion
or fire is presently or in the future determined a hazard and subject
to special control;
Temporary plants are allowed by permit for a defined time.
An area containing a golf course and/or a club house and
available to the public or for private membership. Such operations
may contain adjunct facilities such as private club, dining room,
swimming pool, tennis courts, and similar recreational or service
facilities.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the US Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An accessory use carried on by the occupant of the premises
in a shop, studio or other work room, purely for personal enjoyment,
amusement or recreation; provided, such use will not be obnoxious
or offensive by reason of vibration, noise, odor, dust, smoke or fumes.
A “home occupation” is a business, occupation,
or profession conducted wholly within a residential dwelling unit
by only the residents thereof, and which shall have the following
characteristics:
The activity shall employ only members of the immediate family
of the resident of the dwelling unit.
There shall be no external evidence of the occupation detectable
at any lot line, said evidence to including advertising signs, or
displays, smoke, dust, noise, fumes, glare, vibration, electrical
disturbance, storage of materials or equipment, or traffic or parking
of vehicles in a manner evidencing the conduct of a business.
The operation of a beauty culture school, beauty parlors, barber
shops, dancing schools, repair garage, plumbing shop or similar activity,
are specifically excluded in a residential district, and shall not
be considered home occupations.
A “hospital” is a legally authorized institution
in which there are complete facilities for diagnosis, treatment, surgery,
laboratory, x-ray, and the prolonged care of bed patients. Clinics
may have some, but not all of these facilities.
A “hotel” is an establishment offering lodging
to the transient public for compensation. A hotel is distinguished
from a motel in that access to the majority of the guest rooms is
through a common entrance or lobby. A hotel is a nonresidential use.
A structure, constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development (HUD), transportable in one (1) or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or
forty (40) body feet or more in length, or, when erected on site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems. The term does not include a recreational vehicle as that
term is defined by 24 C.F.R. section 3282.8 (g).
The term “junk” is defined to mean and shall
include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead
or scrap zinc and all other scrap metals and their alloys, and bones,
rags, used cloth, used rubber, used rope, used tinfoil, used bottles,
old cotton or used machinery, used tools, used appliances, used fixtures,
used utensils, used boxes or crates, used pipe or pipe fittings, used
automobiles or airplanes, tires and other manufactured goods that
are so worn, deteriorated or obsolete as to make them unusable in
their existing condition, subject to being dismantled for junk.
A “junk or salvage yard” is a lot upon which
waste or scrap materials are bought, sold, exchanged, stored, packed,
disassembled, or handled, including but not limited to scrap iron
and other metals, paper rags, rubber tires, and bottles. A “junk
yard” includes an automobile wrecking yard and automobile parts
yard. A “junk yard” does not include such uses conducted
entirely within an enclosed building.
Any lot or premises on which three (3) or more dogs, cats,
or other domestic animals at least four (4) months of age, are housed
or accepted for boarding, trimming, grooming and /or bathing for which
remuneration is received.
The room or rooms occupied by a family and must include sleeping
and cooking facilities.
To be of the self-service type or a custom cleaning shop
not exceeding 2,500 square feet in floor area.
Including the manufacture of jewelry, trimming decorations,
and any similar item not involving the generation of noise, odor,
vibration, dust or hazard.
Processes which do not emit detectable dust, odor, smoke,
gas or fumes beyond the bounding property lines of the lot or tract
upon which the use is located and which do not generate noise or vibration
at the boundary of the Industrial District which is generally perceptible
in frequency or pressure above the ambient level of noise in the adjacent
areas and including:
Ceramic and pottery manufacture, with dust, odor and fume control;
Grain processing with hoods, dust and odor control;
Textile manufacturing, with dust and odor control;
Woodworking and planning mill with dust and noise control;
Manufacturing or industrial operations of any type which meet
the general conditions set forth above and which are not offensive
by reason of the emission of noise, odor, smoke, gas, fumes, dust,
glare or the creation of a hazard.
Land occupied or to be occupied by a building and its accessory
building including such open spaces as are required under this article
and having its principal frontage upon a public street or officially
approved place.
A lot situated at the junction of two (2) or more streets.
A corner lot shall be deemed to front on the street on which it has
its smallest dimensions, or as otherwise designated by the planning
and zoning commission of the town.
The mean horizontal distance from the front street line to
the rear line.
A lot, the sideline of which does not abut any street.
The lines bounding a lot as defined herein.
Lot Line, Front. A “front lot line” is that boundary
of a building lot which is the line of an existing or dedicated street.
Upon corner lots, either street line may be selected as the front
lot line providing that a front and rear yard are provided adjacent
and opposite, respectively, to the front lot line.
Lot Line, Side. A “side lot line” is that boundary
of a building lot which is not a front lot line or a rear lot line.
Lot Line, Rear. The “rear lot line” is that boundary
of a building lot which is the most distant from and is, or is most
nearly, parallel to the front lot line.
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the county clerk of the county prior
to the adoption of this article.
The width of a lot at the front building or setback line.
The building or buildings on a lot which are occupied by
the primary user.
An exterior building material which includes: brick of a
minimum three and one-half inches (3-1/2") nominal thickness, stone
with a minimum average thickness of two inches (2"), or stucco.
A “mobile home” means a structure that was constructed
before June 15, 1976, transportable in one (1) or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or
forty (40) body feet or more in length, or when erected on site, is
three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems.
A “mobile home park” is any premises on which
one (1) or more mobile homes are parked or situated and used for living
or sleeping purposes, or any premises used or held out for the purpose
of supplying to the public a parking space for one (1) or more mobile
homes whether such vehicles stand on wheels or on rigid supports.
A trailer park is a mobile home park.
A monument sign is a sign greater in length than height and
is built on a base with no separation between the base of the sign
and the natural grade.
A “motel,” “motor hotel,” or “tourist
court” is an establishment offering to the transient public
the use of guest rooms or sleeping accommodations for compensation.
Such an establishment consists of a group of attached or detached
guest rooms or sleeping accommodations the majority of which have
private and direct access from parking areas not through common entrance
and lobby. The establishment furnishes customary hotel services and
many contain a restaurant, club, lounge, banquet hall, and/or meeting
rooms. A motel is a non-residential use.
An accessory sign showing only the name and address of the
owner or occupant of the premises on which it is erected or posted.
A building, structure, or use of land lawfully occupied at
the time of the effective date of this article or amendments thereto,
and which does not conform to the use of the regulations of the district
in which it is situated.
“Noxious matter” is a material which is capable
of causing injury to living organisms by chemical reaction or is capable
of causing detrimental effects upon the physical or economic well-being
or comfort of humans.
The use or intended use of the land or building by proprietors
or tenants.
Area included in any side, rear, or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projections of cornices, eaves or porches.
“Open storage” is the storage of any equipment,
machinery, commodities, raw or semi-finished materials, and building
materials, not accessory to a residential use which is visible from
any point on the building lot line when viewed from ground level to
six feet (6) above ground level.
An open recreation facility or park owned and operated by
a general public agency and available to the general public.
A “parking space” is a surface area, enclosed
or unenclosed, at least ten feet (10') by twenty feet (20') so that
it is sufficient in size to store one (1) automobile together with
a surface driveway connecting the parking space with the street or
alley and permitting ingress or egress of an automobile. Handicapped
parking spaces shall be at least fourteen feet (14) by twenty feet
(20').
An open area other than a street, alley or place, used for
the temporary parking of more than four (4) self-propelled vehicles
and available for public use, whether free, for compensation or as
an accommodation for clients or customers.
An open area other than a street, alley or place, used for
temporary parking of more than four (4) self-propelled vehicles, as
an accessory use to semi-public institutions, schools, churches, hospitals
and noncommercial clubs.
A structure devoted to the parking or storage of automobiles
for a fee. May include, in the case of a parking structure only, a
facility for servicing of automobiles, provided such facility is primarily
an internal function for use only by automobiles occupying the structure
and creates no special problems of ingress or egress.
Off-street parking spaces provided in accordance with the
requirements specified in this article and located on the lot or tract
occupied by the main use or within three hundred (300) feet of such
lot or tract and located within the same zoning district as the main
use or in an adjacent parking district.
A plan of a subdivision of land creating building lots or
tracts and showing all essential dimensions and other information
essential to comply with the subdivision standards of the town and
subject to approval by the planning and zoning commission. Reference
to a plat in this article means an official plat of record which has
been approved by the planning and zoning commission and filed in the
plat records of the county.
Land together with any buildings or structures occupying
it.
Facilities such as office buildings, maintenance yards or
shops required by branches of local, state or federal government for
service to an area such as highway department yard or city service
center.
A “public park” is any publicly owned park, playground,
parkway, greenbelt, or roadway within the jurisdiction and control
of the town.
Structures supporting antennae for transmitting or receiving
any -portion of the radio spectrum, but excluding noncommercial antennae
installations for home use of radio or television.
A “recreation area” is a privately owned park,
playground, or open space maintained by a community club, property
owners’ association, or similar organization.
A home that regularly provides care in the caretaker’s
own residence for not more than eight (8) children under fourteen
(14) years of age (including the care giver’s own) at any time
and is registered with the state department of protective and regulatory
services (TDPRS). Such registered family home may operate only during
hours of 5:30 a.m. to 8:30 p.m.
Same as a dwelling; also, when used with district an area
of residential regulation.
A “rest room” or “nursing home” is
a private facility for the care of children or the aged or infirmed
or a place of rest for those suffering bodily disorders. Such homes
do not contain facilities for surgical care or the treatment of disease
or injury.
An eating establishment where service to customers is provided
at tables and not involving service of food to customers in automobiles.
An establishment designed and constructed to serve food for
consumption on the premises, in a motor vehicle or for carry-out for
off-premises consumption and which establishment may or may not have
on-premises dining room or counter.
The display and sale of products and services outside of
a building or structure, heavy machinery, garden supplies, building
and landscape materials and other similar materials or items.
Offering all types of consumer goods for sale, but excluding
the display and sale in the open area outside a building, of new or
used automobiles, heavy machinery, building materials, used appliances,
furniture, or salvage materials.
A residence structure, other than a hotel, used for lodging
only for three (3) or more persons for compensation.
A school under the sponsorship of a public or religious agency
having a curriculum generally equivalent to public elementary or secondary
schools, but not including private trade or commercial schools.
Establishments, other than public or parochial schools, private
primary or secondary schools, or colleges, offering training or instruction
in a trade, art, or occupation.
A “screening device” shall consist of a barrier
of stone, brick, pierced brick or block, uniformly colored wood, or
other permanent material of equal character, density, and acceptable
design at least eight feet (8') in height, where the solid area equals
at least sixty-five percent (65%) of the wall surface, including an
entrance gate or gates; or foliage of an acceptable type with a density
that will not permit through passage; or an acceptable combination
of these materials. Such screening device shall be continuously maintained.
A “servant’s quarters” is an accessory
building or portion of a main residential building located on the
same lot as the principal residential building, occupied only by such
persons and their families as are employed full-time by the occupants
of the principal residence.
The “service station” or “filling station”
is any building or premises used for the dispensing, sale, or offering
for sale at retail of any automobile fuels or oils. If the dispensing,
sale, or offering for sale is incidental to a public garage, the premises
shall be classified as a public garage.
Shall mean a distance measured from either a property line
or a line formed by a public access roadway, whichever is more restrictive
as to the use of the property.
When used herein, the term “sight-line” shall
mean a visibility triangle of at least twenty feet (20') per side.
A “sign” is a name, identification, description,
display, or illustration which is affixed to, or represented directly
or indirectly upon, a building, structure, or piece of land and which
directs attention to an object, product, place, activity, institution,
or business. A “sign” is not a display of official court
or public office notices nor is it a flag, emblem, or insignia of
a nation, political unit, school, or religious group. A “sign”
shall not include a sign located completely within an enclosed building.
Sign, advertising. An “advertising sign”
is a sign which directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered elsewhere than upon the
premises where such sign is located, or to which it is affixed.
Sign, billboard. A sign which is usually a primary use of land
and which promotes and advertises commodities or services not limited
to being offered on the premises on which such signs are located.
Sign, agricultural. An accessory sign identifying the farm or
ranch on which it is placed and advertising the produce, crops, animals
or poultry raised or quartered thereon.
Sign, business. A “business sign” is a sign which
directs attention to a business or profession conducted, or to a commodity,
service, or entertainment sold or offered upon the premises.
Sign, construction. A temporary accessory sign identifying the
property owner, architect, contractor, engineer, landscape architect,
decorator or mortgagee engaged in the design, construction or improvement
of the premises on which the sign is located.
Sign, flashing. A “flashing sign” is an illuminated
sign on which the artificial light is not maintained stationary, or
in constant intensity of color at all times when such sign is in use.
Flashing signs are expressly prohibited by this article. For the purpose
of this article, any revolving illuminated sign shall be considered
as a flashing sign.
Sign, illuminated. An “illuminated sign” is any
sign designed to reflect light from one (1) or more sources, natural
or artificial.
Sign, institutional. An accessory sign for the identifying of
a school, church, hospital or similar public or quasi-public institution.
Sign, real estate. A temporary accessory sign pertaining to
the sale or rental of property and advertising property only for use
for which it is legally zoned.
A “specific use” is a means for developing certain
designated uses in a manner in which the specific use will be compatible
with the adjacent property and consistent with the character of the
neighborhood.
A stable and related open pasture where horses are quartered
for owners on a fee basis.
An establishment where horses are kept and rented to the
general public for riding.
A paddock, stable and related riding and quartering facilities
for horses owned by a specific number of recorded members and maintained
for the exclusive use of such members and guests.
In a multi-family residential district, a main building having
at least seventy five percent (75%) of the exterior walls, excluding
doors and windows, below the first floor plate line constructed of
brick or stone or other approved masonry, or masonry veneer. No one
(1) wall may be less than fifty percent (50%) masonry unless said
wall is on a porch, patio, courtyard or breezeway, in which event
said wall may be of non-masonry construction (as herein defined).
Accessory buildings, including, but not limited to detached garages
or servant’s quarters, shall have at least thirty-three and
one-third percent (33-1/3%) of each exterior wall below the first
floor plate line constructed of brick, stone or other approved masonry,
or masonry veneer.
The height between the successive floors of a building or
from the top floor to the roof. The standard height for a story is
eleven (11) feet, six (6) inches.
An area for vehicular traffic whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, alley or otherwise designated.
A dividing line between a lot, tract, or parcel of land and
contiguous street.
Any change in the supporting member of a building, such as
a bearing wall, column, beams, or girders.
Anything constructed or erected, which requires permanent
location on the ground, or attached to something having a permanent
location on the ground; including, but not limited to advertising
signs, billboards and poster panels, but exclusive of customary fences
or boundary or retaining walls, sidewalks and curbs.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before start of construction of
the improvement, market value being determined by the Denton Central
Appraisal District or by a private certified appraisal, whichever
is greater. Prior reconstruction, rehabilitation, addition or other
improvements constructed in the previous 24 months shall be included
with the proposed improvement for determination of improvement value.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure’s continued designation as a
historic structure.
A private recreational club with restricted membership, usually
of less area than a country club, but including a clubhouse and a
swimming pool, tennis courts and similar recreational facilities,
none of which are available to the general public.
A structure or shelter, subject to be removed by order of
the building official, used in connection with a development or building
project for housing on the site of temporary administration and supervisory
functions and for sheltering employees and equipment.
The word “town” shall mean the Town of Cross
Roads, Texas.
“Toxic materials” are those materials which are
capable of causing injury to living organisms by chemical means when
present in relatively small amounts as directed by EPA regulations.
A portable dwelling unit designed to move on wheels from
location to location by automobile or truck.
A lot where parking facilities and accommodations are provided
on a temporary or transient basis for house cars or automobile trailers
used for human habitation.
The “use” of property is the purpose or activity
for which the land, or building thereon, is designed, arranged, or
intended, or for which it is occupied and maintained, and shall include
any manner of such activity with respect to the standards of this
article.
A “principal use” is the main use of land or
buildings as distinguished from a subordinate or accessory use.
A non-public utility requiring specific facilities in residential
areas or on public property such as heating, cooling, or communications
not customarily provided by the municipality or the normal franchised
utilities.
An open space other than a court, on the lot on which a building
is situated and which is not obstructed from a point forty (40) inches
above the general ground level of the graded lot to the sky, except
as provided for roof overhang and similar special features.
An open, unoccupied space on a lot facing a street extending
across the front of the lot between the side lot lines and from the
main building to the front lot or street line and the main building
line as specified for the district in which it is located.
An open, unoccupied space, except for accessory building
as herein permitted, extending across the rear of a lot from one (1)
side lot line to the other side lot line and having a depth between
the buildings and the rear lot line as specified in the district in
which the lot is located.
An open, unoccupied space or spaces on one (1) or two (2)
sides of a main building and on the same lot with the building, situated
between the building and a side line of the lot and extending through
from the front yard to the rear. Any lot line not the rear line or
the front line shall be deemed a side line.
The official certified map upon which the boundaries of the
various districts are drawn and which is an integral part of the zoning
ordinance.
(2002 Code, sec. 12.103; Ordinance 2003-0908-01 adopted 9/8/03; Ordinance 2013-0520-02, sec.
1, adopted 5/20/13; Ordinance
2014-1215-01, sec. 1, adopted 12/15/14; Ordinance 2021-0621-001 adopted 6/21/21; Ordinance adopting Code; Ordinance 2023-08 adopted 7/10/2023)
Except as hereinafter provided:
(1)
No building shall be constructed, erected, converted, enlarged, reconstructed,
or structurally altered, nor shall any building or land be used which
does not comply with all of the district regulations established by
this article for the district in which the building or land is located.
(2)
Lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this article, nor
shall the lot area per family be reduced in any manner except in conformity
with the area regulations herein established for the district in which
such lot is located.
(3)
No yard or other open space provided about any building for the purpose
of complying with the provisions of these regulations shall be considered
as providing a yard or open space for any other building, nor shall
the yard or open space on an adjoining property be considered as providing
a yard or open space on a lot wherein a building is to be located.
(4)
In every building, each room used for living or sleeping purposes
shall not have less than one (1) window opening directly upon a street
or alley, or upon a rear yard, front yard, side yard or court located
upon the same lot and conforming to the requirements prescribed herein.
(5)
In every dwelling unit, the density of occupancy shall not exceed
1.5 persons per room nor in sleeping rooms shall there be less than
forty (40) square feet of sleeping area per person.
(2002 Code, sec. 12.106)
(a)
No property located within the corporate limits of the town shall
be used, and no building shall be erected for or converted to be used
as an automobile wrecking yard, junk yard, salvage storage yard, scrap
metal storage yard or wrecking material yard.
(b)
No property located within the corporate limits of the town shall
be used, and no building shall be erected for or converted to be used
as a garbage landfill.
(c)
No property located within the corporate limits of the town shall
be used, and no building shall be used to park a house trailer or
single-wide mobile home, nor shall any such house trailer or single-wide
mobile home be occupied as a residence, except in a licensed mobile
home park.
(d)
No property located within the corporate limits of the town shall
be used, and no building shall be erected for or converted to be used
as a cement plant or a concrete batch mix plant.
(e)
All drilling, exploration, mining and expansion of mining minerals
is prohibited in all areas within the corporate limits of the town.
(f)
No property located within the corporate limits of the town shall
be used, and no building shall be erected for or converted to be used
for go-cart racing, drag strips, auto racing and motorcycle racing.
(g)
No property located within the corporate limits of the town shall
be used, and no building shall be erected for or converted to be used
as a livestock slaughter facility, rendering works or a livestock
sales barn.
(2002 Code, sec. 12.107)
No building hereafter erected or structurally altered, shall
be used, occupied or its use changed until a certificate of occupancy
has been issued by a designated official stating that the building
or proposed use of the building or premises is in compliance with
the requirements stated in the town ordinances. A change in use shall
be construed to mean any change in occupancy or type of business.
(2002 Code, sec. 12.118)
(a)
A non-conforming status shall exist under the following provisions
of this article:
(1)
When a use or structure which does not conform to the regulations
prescribed in the district in which such use or structure is located
was in existence or authorized and/or lawfully operating prior to
the adoption of this article and has been operating since without
discontinuance.
(2)
When a use or structure which does not conform to the regulations
prescribed in the district in which such use or structure is located
was in existence at the time of annexation to the town, and has since
been in regular and continuous use.
(b)
Any non-conforming use of land or structure may be continued for
definite periods of time, subject to such regulations as the board
of adjustment may require for immediate preservation of the adjoining
property prior to the ultimate removal of the non-conforming use.
(c)
Destruction, extension of non-conforming use or structure.
(1)
A non-conforming use or structure shall not be extended or rebuilt
in case of obsolescence or total destruction. Any non-conforming building
or structure which is partially damaged or destroyed to the extent
that the cost of repair or replacement will equal or exceed sixty
percent (60%) of the fair market value of the structure, exclusive
of foundations, utility connections, furniture and equipment, shall
not thereafter be restored, reconstructed, used or occupied, unless
thereafter in conformance with this code and the ordinance of the
town. If the cost of repair or restoration is less than sixty percent
(60%) of the fair market value of the building or structure, the restoration
or repair shall commence within six (6) months from the date of the
partial destruction. Failure to so commence the repair or restoration
shall be conclusive as to the owner’s abandonment of an intent
to abandon the nonconforming structure. Any and all repairs or reconstruction
authorized hereunder shall be in accordance with all existing codes
applicable at that time and not at the time of original construction.
(2)
A non-conforming building or structure shall not be extended or enlarged
but may be repaired or maintained; provided, however, that the cost
of such repair or maintenance shall not exceed fifty percent (50%)
of the fair market value of the structure, exclusive of foundations,
utility connections, furniture and equipment.
(2002 Code, sec. 12.124)
(a)
General provisions.
(1)
Intent.
It is the intent of the governing body of the
town to create a regional image for Cross Roads reflecting the theme
of “Texas Country” while adapting to contemporary building
needs. These guidelines are to help owners, developers, designers,
architects, and builders by providing design criteria that will coordinate
the image, character and quality of the entire community and ensure
the aesthetic value and visual appeal of nonresidential land uses
in the commercial corridor as designated in the comprehensive plan,
while reflecting traditional “Texas Country” characteristics
and the indigenous image of Texas.
(2)
Applicability.
The provisions of this section shall
apply to all nonresidential development within the town. Where the
provisions of this section conflict with other articles or sections
of this chapter or of the Code of Ordinances, the provisions of this
section shall apply. Where the provisions of this section conflict
with the provisions of an overlay district or planned development
(“PD”), the overlay or PD provisions shall apply. Where
the provisions of this section are silent on a subject, the provisions
found in other parts of this article and this code shall apply.
(3)
Image.
“Texas Country” is a broad term meant
to create a link to the rich lineage of older design and with modern
materials and distinctive Texas architecture. Texas Country can conjure
varied images tied together by the use of a majority of simple and
locally available materials, human scale, and a utilitarian design
in response to the local climate. Despite the era or style of building,
most of these historical structures were simple buildings constructed
of local wood, stone, earth or brick, where porches, roof overhangs,
and gabled roofs served to help buffer the harsh extremes of the Texas
climate.
(b)
Mandatory provisions.
(1)
Four-sided architecture is required unless rear walls are determined
to not be visible by the Town Council.
(2)
Building articulation.
Building facades over 100' in
length must have building offsets of at least 6' for a minimum of
25% of the facade. No wall plane may extend more than 100' without
horizontal and vertical articulation. Building facades between 40
to 100 feet in length may have either horizontal or vertical articulation.
Facade articulations/offsets shall be shown on the elevation drawings
along with dimensions verifying that the elevations have met the above
requirements as part of the site plan submittal.
(3)
Multi-tenant buildings in commercial centers.
To achieve
unity between multi-tenant buildings in a commercial development of
more than one building, all buildings in such a development shall
employ a similar theme, colors, and palette of materials.
(4)
Masonry requirements.
All buildings shall be constructed
with a minimum 85% masonry, exclusive of doors and windows. Masonry
shall consist of brick, stone, simulated stone and shall be unpainted.
Unpainted, integral color concrete masonry units are allowed as masonry,
but are limited to a maximum 15% of a street-facing facade. The Town
Council may approve facades with less than 85% masonry on a case-by-case
basis to accommodate special design considerations. Architecturally
detailed and finished concrete tilt wall may be allowed on street-facing
building facades or those visible from a public right-of-way only
with Town Council approval.
(5)
Secondary materials.
Secondary materials (maximum 15%)
may be EIFS, stucco, wood, metal, or other approved material. The
percentage of EIFS or stucco may be increased with Town Council approval.
(6)
Earth-toned colors.
At least 80% of structure shall
be neutral, cream, or deep, rich, nonreflective natural or earth-toned
colors, and no more than one (1) color may be used for visible roof
surfaces.
(7)
EIFS.
The use of exterior insulated finishing system
(EIFS) is not allowed below ten (10) feet above finished grade.
(8)
Glass.
Total window area shall not exceed 50% of street-facing
facades. Windows shall have a maximum reflectivity of 20%. Pink or
gold glass is not permitted.
(9)
Mechanical unit screening.
All mechanical equipment
shall be screened from all public view. Screening must match building
color and material.
(10)
Exposed conduit, utility boxes, and drain spouts shall be painted
to match the color of the building or an accent color.
(11)
Trash and recycling collection areas.
(A)
Trash and recycling collection areas shall be located to minimize
visibility.
(B)
Trash receptacles, recycling receptacles, and trash compactors
shall be screened with an 8-foot masonry wall of a consistent color
and material as the primary building.
(C)
Enclosures shall be oriented so that the service opening does
not face any public right-of-way or residentially zoned property.
The opening shall incorporate a metal gate to visually screen the
dumpster or compactor. Concrete-filled steel bollards are required
at the rear of the enclosure and in front of the enclosure to protect
the gate hinges.
(D)
Enclosures located in public areas must be screened with landscaping.
(E)
All metal gates must not be allowed to swing into the drive
aisle or fire lane.
(12)
Gas pumps.
(A)
Roofs of pump canopy structures shall be pitched, or a mansard
roof shall be used to give the appearance of a pitched roof.
(B)
Canopy columns shall be fully encased with masonry that is complimentary
to that used on the main building.
(C)
The canopy band face shall be a color consistent with the main
structure or accent color and may not be backlit. Signage shall conform
to the town’s sign ordinance and sign regulations.
(13)
Loading areas.
All loading and service areas shall be
screened from view from adjacent public streets and adjacent residential
areas. Screening shall be by walls compatible to the project design
and landscaping.
(c)
Design elements.
(1)
Each building or development, as a condition of the issuance of a
building permit or the approval of a site plan, must rate a minimum
of 15 points if the building (or combination of buildings) is less
than 10,000 square feet; 25 points for buildings in excess of 10,000
square feet; and 25 points for multifamily structures (each building
and aggregate of all floors). Each building or development must earn
a minimum number of points in each of the four groups according to
the table below:
|
|
Small Structures under 10,000 square feet
|
Large Structures over 10,000 square feet
|
Multifamily Structures
|
|---|---|---|---|
|
Group I
|
2 minimum
|
4 minimum
|
6 minimum
|
|
Group II
|
5 minimum
|
6 minimum
|
6 minimum
|
|
Group III
|
2 minimum
|
3 minimum
|
3 minimum
|
|
Group IV
|
1 minimum
|
2 minimum
|
6 minimum
|
(2)
The points can be acquired by implementing a choice and combination
of the design elements identified in the following chart (see figure
2 for illustrations). Additions and remodels with substantial improvement
to existing buildings must be of similar design, and must meet the
point score required for the building size of the addition. The applicant
must submit a table with the architectural drawings enumerating the
proposed points acquired for the development.
(3)
A range of point value for certain architectural features are allowed
according to figure 1 “rating points.” The town council
will evaluate the plan and score the element according to its detail
and use. Several of these elements can be used as a simple amenity
to a structure or can become a functional space of its own. By way
of example, and not by way of limitation:
(A)
A porch can function as a simple structure that keeps rain off of
patrons as they approach a building (1 point) or it can be a spacious
arrangement that invites patrons to congregate and encourages social
engagement (up to 4 points).
(B)
Simple trellises can be used to accentuate or create architectural
interest (1 point). More elaborate trellises can create a space to
contemplate or relax from an otherwise busy day (2 points).
(C)
Covered walkways are a benefit to moving people into and away from
a building in inclement weather, and can allow pedestrian traffic
to space out along a facade rather than congregate at the door in
inclement weather (1 point). They can also create functional spaces
that move beyond the simple protection from weather. They can provide
significant architectural details that enhance the public’s
experience of a space and provide additional areas for patrons to
congregate and engage (up to 4 points).
(D)
Canopies and awnings, like the other elements in this category, range
from simple functionality (1 point) to the creation of a functional
space providing significant architectural detail, focal points and
additional functionality (3 points).
|
Figure 1. Rating points
| ||
|---|---|---|
|
Point Range
|
Elements
|
Description
|
|
GROUP I
| ||
|
1-4
|
Porches
|
Covered areas with columns and sloped roof attached to the main
facade of the structure. Must extend at least 6 feet beyond the main
facade and across at least 15% of the facade.
|
|
1-2
|
Trellises
|
Trellis used to enhance an entry feature or as a shaded walkway.
|
|
1-4
|
Covered walkways
|
An exterior walkway at least 6' in depth protected by the roof
of the main structure, and across at least 15% of the facade.
|
|
1-3
|
Canopies/awnings
|
Coverings of canvas, metal, standing seam, or other material
hung from the building facade to protect windows or door openings.
|
|
2
|
Roof overhangs
|
Buildings that feature a pitched roof or partially pitched roof
with overhang at least 4 feet beyond the primary facade.
|
|
GROUP II (NOTE: Mandatory requirements are for 85% masonry)
| ||
|
2-6
|
Stone/natural materials
|
Use of stone or natural materials for at least 40% of facade
(exclusive of doors and windows). A weathered wood facade may be used
with a specific approval of the ARC.
|
|
1-3
|
Cast stone
|
Use of cast stone for at least 40% of facade (exclusive of doors
and windows). A weathered wood facade may be used with a specific
approval of the ARC.
|
|
1-3
|
Architectural details in the facade
|
Ornamental brick work, stone window/door lintels, decorative
window details, cast stone details, etc.
|
|
GROUP III
| ||
|
1-3
|
Pitched roof
|
Pitched roof covering 100% of the total roof area with a pitch
of at least 3:12 and no visible flat roofline.
|
|
1-2
|
Gabled elements
|
If a flat roof is used, gabled parapet walls are used to break
up long facades.
|
|
1-4
|
Varied roof heights
|
Within a pitched roof, varied roof heights or dormers to break
up the line of the roof.
|
|
1-2
|
Standing seam metal roof
|
Use of standing seam metal roof materials for a pitched roof
or mansard roof elements.
|
|
GROUP IV
| ||
|
1-2
|
Decorative paving at sidewalks
|
Pavers or decorative concrete for minimum of 10% of total walkways.
|
|
1-4
|
Site amenities
|
Outdoor seating, patio areas, fountains, large planters, decorative
light fixtures, or public sculpture/artwork.
|
|
Figure 2. Architectural examples
 |
(Ordinance 2014-0421-02 adopted 4/21/14; Ordinance 2014-1215-01, sec. 2, adopted 12/15/14; Ordinance 2015-0720-01, sec. 1, adopted 7/20/15; Ordinance 2015-0720-01, sec.
2, adopted 7/20/15; Ordinance
2019-0218-01 adopted 2/18/19; Ordinance 2021-0419-02 adopted 4/19/21)
