This ordinance is prepared under the authority of Chapter 211,
Texas Local Government Code, of the State of Texas, to promote health,
safety, and morals, and for the protection and preservation of places
and areas of historical and cultural importance and significance,
or the general welfare of the community, and the legislative body
is empowered to regulate and restrict the height, number of stories
and size of buildings and other structures, the percentage of lot
that may be occupied, the size of the yards, courts and other open
spaces, the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, or other purpose;
and, in the case of designated places and areas of historic and cultural
importance, to regulate and restrict the construction, alteration,
reconstruction or razing of buildings and other structures.
(Ordinance 210406 adopted 4/6/2021)
These zoning regulations are made in accordance with the spirit
of the comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to promote
health and the general welfare; to provide adequate light and air;
to prevent overcrowding of land; to avoid undue concentration of population;
to facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements. These regulations are
made with reasonable consideration, among other things, to the character
of the district and its peculiar suitability for particular uses,
and with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the City.
(Ordinance 210406 adopted 4/6/2021)
A.
Administration.
The City Administrator, or designee, is hereby designated by
the City Council as the administrative official to supervise the administration
and enforcement of this ordinance. If the administrative official
finds that any of the provisions of this ordinance are being violated,
the official shall notify in writing the person responsible for such
violations, indicating the nature of the violation and ordering the
action necessary to correct it. The City Administrator, or designee,
shall order discontinuance of illegal use of land, buildings, or structures,
removal of illegal buildings or structures or of illegal additions,
alterations, or structural changes, discontinuance of any illegal
work being done; or shall take any other action authorized by this
ordinance to insure compliance with or to prevent violation of its
provisions.
B.
Violations
and Penalties.
The owner or general agent of a building,
premises, lot or parcel where a violation of any provision of the
regulations of this ordinance has been committed or shall exist, or
the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than one dollar
($1.00) or not more than two thousand dollars ($2,000.00), and each
day any violation of non-compliance continues shall constitute a separate
and distinct offense.
C.
Interpretation
and Appeals.
It is the intent of this ordinance that
all questions of interpretation and enforcement shall be first presented
to the administrative official, and that such questions shall be presented
to the zoning Board of Adjustment only on appeal from the decision
of the administrative official, and that recourse from the decisions
of the zoning Board of Adjustment shall be to the courts as provided
by law.
D.
City Council
Duties.
It is further the intent of this ordinance that
the duties of the City Council in connection with this ordinance shall
not include hearing and deciding questions of interpretation and enforcement
that may arise. The procedure for deciding such questions shall be
as stated in this ordinance. Under this ordinance, the City Council
shall have only the duties of considering and adopting or rejecting
proposed amendments or the repeal of this ordinance, as provided by
law, and, of establishing a schedule of fees and charges as stated
in subsection E here below.
E.
Fees.
The City Council shall, by resolution, establish a schedule
of fees, charges, and expenses and a collection procedure for the
administration, permits, certificates of occupancy, zoning change
requests, zoning Board of Adjustment appeals and other matters pertaining
to this ordinance. Until all applicable fees, charges, and expenses
have been paid in full, no action shall be taken on any application
or appeal.
(Ordinance 210406 adopted 4/6/2021)
For the purpose of this ordinance, certain terms and words are
defined and shall have the meanings ascribed in this ordinance unless
it is apparent from the context that different meanings are intended.
(1)
Accessory Building -
means a subordinate building,
the use of which is incidental to that of the main building on the
same lot.
(2)
Administrative Official -
is the City Administrator,
or other designated authority charged with the administration and
enforcement of this Ordinance, or duly authorized representative.
(3)
Alley -
is a public minor way that is used
primarily for secondary vehicular service access to the back or side
of properties otherwise abutting on a street or highway.
(4)
Apartment -
is a room or suite of rooms in
an apartment house arranged, designed or occupied as a dwelling unit
residence by a single-family, individual, or group of individuals
living together as a single housekeeping unit.
(5)
Apartment House -
is any building, or portion
thereof, which is designed, built, rented, leased, let or hired out
to be occupied as three (3) or more apartments or dwelling units,
or which is occupied as the home or residence of three (3) or more
families living independently of each other and maintaining separate
cooking facilities.
(6)
Automobile Repair, Major -
is any area used
for general repair, rebuilding or reconditioning of engines, motor
vehicles, trailers; collision services, including body, frame or fender
straightening or repair; paint shop; vehicle steam cleaning.
(7)
Automobile Repair, Minor -
is any area used
for minor repair or replacement of parts, tires, tubes, batteries
and minor motor services, such as, grease, oil, spark plug and filter
changing of passenger cars and trucks not exceeding one and one-half
(1-1/2) ton capacity, but not including, any operation named under
“automobile repair, major” or any other similar use thereto.
(8)
Automobile Sales Area -
is an open area or
lot used for the display or sale of automobiles, where no repair work
is done.
(9)
Automobile Service Station -
is any building
and/or premises where gasoline, oil, grease, batteries, tires and
automobile accessories may be supplied and dispensed at retail, including
the servicing of vehicles designed or calculated to be performed by
the customer.
(10)
Basement -
is a building story, the floor line
of which is below grade at any entrance or exit, but may have at least
one-half (1/2) of its height above the average level of the adjoining
grade level.
(11)
Block -
means that property abutting on one
side of a street and lying between the nearest intersecting or intercepting
streets, or nearest intersecting or intercepting street and railroad
right-of-way, waterway, or other barrier to or gap in the continuity
of development along such street.
(12)
Boarding-Lodging House -
means a dwelling where
in lodging or meals for three (3) or more persons, not members of
the principal family therein, is provided for compensation, but not
including a building in which ten (10) or more guest rooms are provided.
(13)
Building -
is any roofed structure built for
the support, shelter, or enclosure of persons, chattels, or movable
property of any kind. When such structure is divided into separate
parts by one (1) or more un-pierced walls extending from the ground
up, each part is deemed a separate building, except as regards minimum
side yards.
(14)
Building Height -
is the vertical distance
from the average contact ground level at the front wall of the building
to the highest point of the coping of a flat roof, or the deck line
of a mansard roof, or to the mean height level between eaves and ridge
for gable, hip or gambrel roofs.
(15)
Building Line -
a line parallel or approximately
parallel to the street line, at a specific distance there from, marking
the minimum distance from the street line that a building may be erected.
(16)
Building Official -
See Administrative Official.
(17)
Carport -
A carport is a covered structure
used to offer limited protection to vehicles, primarily cars, from
rain and snow. The structure can either be free standing or attached
to a wall. Unlike most structures, a carport does not have four walls,
and usually has one or two.
(18)
Car Wash -
is a building, or port, where automobiles
or other motor vehicles are automatically or manually washed regularly
as a business.
(19)
Cemetery -
is land used, or intended to be
used, for the burial of the human dead and dedicated for cemetery
purposes, including columbariums, crematories, mausoleums and mortuaries,
if operated in connection with and within the boundaries of such cemetery.
(20)
Certificate of Occupancy -
is an official certificate
issued by the City Secretary which indicates conformance with, or
approved conditional waiver from, the zoning regulations and authorized
legal use of the premises for which it is issued.
(21)
City -
is the City of West, McLennan County,
Texas.
(22)
Clinic -
is a public or private, profit or
nonprofit facility for the reception and treatment of outpatient persons,
physically or mentally ill, injured, handicapped or otherwise in need
of physical or mental diagnosis, treatment, care or similar service.
(23)
Club -
is a nonprofit association of persons
who are bona fide members, paying regular dues, and are organized
for a common purpose, but not including a group organized solely or
primarily to render a service customarily carried on as a commercial
enterprise.
(24)
Club, Private (Class I) -
is an establishment
or enterprise wherein activities are carried on by, or for a group
or association, of dues-paying members organized for some common purpose.
(25)
Club, Private (Class II) -
is a club, as defined
above, except such establishments shall have been issued an alcoholic
beverage permit by the Texas Alcoholic Beverage Commission.
(26)
Community Center, Public -
means any building
and grounds owned and operated by the governmental body for the social,
recreational, health and welfare of the community served.
(27)
Conditional Use -
means any building, structure,
and use which complies with the applicable regulations and standards
governing conditional uses of the zoning district in which such building,
structure, and use is located, and for which a permit is granted.
(28)
Convalescent (Rest) Home -
is a home designed
for the care of patients after they leave the hospital, but before
they are released from observation and treatment.
(29)
Convenience Store -
See Neighborhood Convenience
Center.
(30)
Display Sign -
is a structure that is arranged,
intended, designed or used as an advertisement, announcement or direction,
including sign, billboard and advertising device of any kind.
(31)
District -
means a portion of the territory
of the City, within which certain uniform regulations and requirements,
or various combinations thereof, apply under the provisions of this
ordinance.
(32)
Dwelling Unit -
means a room, or a group of
rooms, including cooking accommodations, occupied by one (1) family,
and in which not more than two (2) persons, other than members of
the family, are lodged or boarded for compensation at any one time.
(33)
Dwelling Unit, Single-Family, Attached -
means
a dwelling which is joined to another dwelling at one (1) or more
sides by a party wall or abutting separate walls, and is designed
for occupancy by one (1) family, and is on a separate lot delineated
by front, rear and side lot lines.
(34)
Dwelling Unit, Single-Family, Detached -
means
a building containing one (1) dwelling unit, and located on a lot
or separate building tract, and having no physical connection to a
building on any other lot.
(35)
Dwelling Unit, Two-Family -
means a building
containing two (2) dwelling units.
(36)
Dwelling Unit, Multiple -
means a building
containing three (3) or more dwelling units.
(37)
Dwelling Group -
means a group or row of dwellings,
each containing one (1) or more dwelling units, and all occupying
one (1) lot or site, as defined herein, and having a court in common;
including a bungalow court or apartment court, but not including an
automobile court or automobile camp.
(38)
Duplex -
means a two-family dwelling comprising
two apartments with separate entrances, whether the apartments are
side by side, or one above the other.
(39)
Essential Services -
means the erection, construction,
alteration, or maintenance by public utilities or by governmental
departments or commissions of such underground or overhead gas, electrical,
steam, or water transmission or distribution systems and structures,
collection, communication, supply or disposal systems and structures,
including towers, poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, street lights, traffic
signals, hydrants and other similar equipment, and accessories in
connection therewith, but not including buildings or microwave radio
relay structures, as are reasonably necessary for the furnishing of
adequate service by such public utilities or governmental departments
or commissions, or as are required for protection of the public health,
safety, or general welfare. For the purpose of this definition, the
word “building” does not include “structures”
for essential services.
(40)
Family -
means one (1) or more persons, related
by blood, marriage or adoption, occupying a dwelling unit as a single,
nonprofit housekeeping unit, but not including a group occupying a
hotel, boarding-house, club, dormitory, fraternity or sorority house.
(41)
Floodplain -
is the relatively flat, low lands
adjoining the channel of a river, stream or watercourse that has been,
or may be, covered by flood water. Any land covered by the water of
a one hundred (100) year frequency storm is considered in the flood
plain and must comply with the Corp of Engineers requirements.
(42)
Frontage -
is all the property abutting on
one (1) side of a street between intersecting or intercepting streets,
or between a street and a right-of-way, waterway, end of a dead-end
street, or City boundary measured along the street line. An intercepting
street shall determine only the boundary of the frontage on the side
of the street that it intercepts. Where a lot abuts more than one
(1) street, the Planning and Zoning Commission shall determine the
frontage for purposes of this ordinance.
(43)
Garage, Private -
means an accessory building,
or portion of a main building on the same lot, and used for the storage
only of private passenger motor vehicles, not more than two (2) of
which are owned by others than the occupants of the main building.
(44)
Garage, Public -
means a building or portion
of a building, except that herein defined as a private garage or as
a repair garage, used for the storage of motor vehicles, or where
any such vehicles are kept for remuneration or hire; in which any
sale of gasoline, oil, and accessories is only incidental to the principal
use.
(45)
Garage, Repair -
means a building or space
for the repair or maintenance of motor vehicles, but not including
factory assembly of such vehicles, auto wrecking establishments or
junkyards.
(46)
Gross Floor Area -
means the living area of
a building, including the walls thereof, but excluding all porches,
open breezeways and garages.
(47)
Home Occupation -
means any occupation, customarily
conducted for gain or support, entirely within a dwelling, by a member
or members of a family while residing therein, and which is clearly
incidental and secondary to the residential use of the premises, and
does not change the character thereof.
(48)
Hotel -
means a building, or portion thereof,
in which ten (10) or more guest rooms are provided for occupancy for
compensation by transient guests.
(49)
Industry -
is the storage, repair, manufacture,
preparation or treatment of any article, substance or commodity.
(50)
Junkyard or Salvage Yard -
means any area used
for the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials or goods, or used for the dismantling, demolition
or abandonment of automobiles or other vehicles or machinery, or parts
thereof.
(51)
Kennel -
is any structure or premises on which
more than three (3) dogs, over six (6) months of age and/or more than
one litter, are kept.
(52)
Land Use Plan -
is the long-range plan for
the desirable use of land in the City, as officially adopted, and
as amended from time to time, by the City Council; the purpose of
such plan being, among other things, to serve as a guide in the zoning
and progressive changes in the zoning of land to meet the changing
needs, in the subdividing and use of undeveloped land, and in the
acquisition of rights-of-way or sites for public purposes, such as,
streets, parks, schools and public buildings.
(53)
Loading Space -
is an off-street space or berth
on the same lot with a building, or contiguous to a group of buildings,
for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street,
alley or other appropriate means of access.
(54)
Lot -
means the entire parcel of platted land
occupied, or to be occupied, by a main building and its accessory
buildings, or by a group, such as, a dwelling group or automobile
court and their accessory buildings, including the yards and open
spaces required there-fore by this title and other applicable law.
(55)
Lot, Corner -
means a lot abutting on two (2)
intercepting or intersecting streets where the interior angle of intersection
or interception does not exceed one hundred thirty-five degrees (135°).
(56)
Lot Coverage -
the total area of a lot occupied
by the base (first story of floor) of buildings located on the lot.
(57)
Lot, Interior -
means a lot other than a corner
lot.
(58)
Lot Lines -
means the property lines bounding
the lot as defined herein.
(59)
Lot, Through -
means a lot having its front
and rear lines on different streets, or having its front or rear line
on a street and the other line on a river, lake, creek or other permanent
body of water.
(60)
Lot Depth -
means the average depth from the
front line of the lot to the rear line of the lot.
(61)
Lot Width -
means the width measured at a distance
back from the front line equal to the minimum depth required for a
front yard.
(62)
Lot of Record -
is a lot that is part of a
sub-division, the plat of which has been recorded in the office of
the County Clerk of McLennan County, or a parcel of land, the deed
for which was recorded in the Office of the County Clerk, McLennan
County, prior to January 1, 1986.
(63)
Manufactured Home, HUD-Code -
means a structure
constructed on or after June 15, 1976, according to the rules of the
United States Department of Housing and Urban Development, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width, or 40 body feet or more in length, or, when
erected on site, is 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. References in this ordinance to “mobile home(s)”
shall be taken to be references to HUD-Code Manufactured Home(s).
Mobile homes, as defined in the Manufactured Housing Standards Act,
Article 5221f, Section 3(a), V.T.C.S., shall not be used as dwelling
units within the corporate limits of the City.
(64)
Mobile Home -
See “Manufactured Home,
HUD-Code.”
(65)
Mobile Home Park or Subdivision -
means a parcel
of land which is owned by an individual, a firm, trust, partnership,
public or private association or corporation, and has been developed
for rental or sale of lots to persons with HUD-Code manufactured homes
(mobile home).
(66)
Mobile Home Lot -
means that part of a parcel
of land (mobile home site) in a mobile home park that has been reserved
for the placement of one (1) HUD-Code manufactured home (mobile home).
(67)
Modular Home -
means a dwelling that is constructed
in one or more modules, at a location other than the homesite, or
is constructed utilizing one or more modular components, and which
is designed to be used as a permanent residence when the modular components
or modules are transported to the homesite and are joined together,
or are erected and installed on a permanent foundation system. The
term includes the plumbing, heating, air conditioning and electrical
systems.
(68)
Motel -
means a building, or a group of two
(2) or more buildings, containing guest rooms or apartments, with
automobile storage space provided in connection therewith, and used
primarily for the accommodation of automobile travelers, including
groups designated as auto cabins, motor lodges, motor courts, motels,
and similarly designated groups.
(69)
Neighborhood Convenience Center -
means centers
that carry convenience goods, such as, groceries, drugs, hardware,
and some variety items, and also includes some service stores. The
neighborhood convenience center may contain one (1) or two (2) small
apparel or shoe stores, but it is clearly dominated by convenience
goods, which are items of daily consumption and very frequent purchase,
sometimes called “spot necessity” items. This neighborhood
serving store group is within convenient walking distance of families
served (within convenient driving range in low-density areas), with
due consideration for pedestrian access and amenity of surrounding
areas.
(70)
Nonconforming Use -
means use of a building
or land, which existed previously, that does not conform to the present
regulations as to use for the district in which it is situated.
(71)
Nursing Home -
is a structure or building where
ill or elderly people are provided with lodging and meals, with or
without nursing care.
(72)
Open Space -
is that part of any lot or tract
that is used for recreational purposes, both passive and active, but
not including areas used for parking or maneuvering of automobiles,
or drives or approaches to and from parking areas. Floodplains, or
50 percent of any standing surface water, may be considered as open
space, provided such open space is contiguous and part of the platted
lot, and is maintained and utilized in the same manner and to the
same degree as all other open space areas, as designated on the site
plan as filed with the building permit application.
(73)
Parking Area, Private -
means a permanently
surfaced, open area for the same uses as a private garage.
(74)
Parking Area, Public -
means a permanently
surfaced, open area, other than a street, or other public way, used
for parking of automobiles, and available to the public for a fee,
free, or as an accommodation for clients or customers.
(75)
Parking Space -
means a permanently surfaced
area not less than one hundred eighty (180) square feet (measured
approximately nine (9) feet by twenty (20) feet), either within a
structure or in the open, not on public right-of-way, exclusive of
driveways or access drives, for the parking of one (1) vehicle.
(76)
Planned Development -
shall mean land under
unified control, planned and developed as a whole; in a single development
operation or a definitely programmed series of development operations,
including all lands and buildings; for principal and accessory structures
and uses substantially related to the character of the district; according
to comprehensive and detailed plans which include not only streets,
utilities, and lots or buildings sites, but also site plans, floor
plans, and elevations of all buildings, as intended, to be located,
constructed, used, and related to each other, and detailed plans for
other uses and improvements on the land as related to the buildings;
and with a program for provision, operation and maintenance of such
areas, improvements, facilities, and services as will be for common
use by some or all of the occupants of the district, but will not
be provided, operated, or maintained at general public expense. Planned
development is both a concept and a zoning classification which may
include, in addition to planned unit development, commercial, shopping
center, and industrial uses or combination thereof, which may be intended
to serve areas within the district and areas without the district.
(77)
Private Garage -
is an accessory building,
housing vehicles owned and used by the occupant of the main building.
(78)
Recreational Vehicle -
is a vehicular, portable
structure designed to be transported over the high-ways, and containing
living or sleeping accommodations, such structure being designed and
actually used as a temporary dwelling during travel for recreation
and pleasure purposes, and not exceeding eight (8) feet in width.
(79)
Rooming House -
is a dwelling occupied by a
resident family or resident occupant, and three (3) or more rent-paying
persons.
(80)
Satellite Dishes -
means a device used to receive
any satellite signal.
(81)
School, Business or Trade -
means a business
organized to operate for a profit and offering instruction and training
in a service or art, such as, a secretarial school, barber college,
beauty school or commercial art school.
(82)
School -
means an institution of learning which
offers instruction in several branches of learning and study required
to be taught in the public schools.
(83)
Screening Element (Device) -
or suitably screened,
as herein referred, shall mean any of the following:
a.
Any solid
material constructed of brick, masonry, or of a concrete or metal
frame, or wood, or base which supports a permanent type material,
the vertical surface of which is not more than 30 percent open; or
b.
Any dense
evergreen hedge or plant material suitable for providing a visual
barrier, for which such material shall be maintained in a healthy
growing condition.
c.
Landscaped
earth berms may, when appropriate in scale, be considered and used
as a screening element in lieu of a fence, wall, hedge, or other dense
planting material.
(84)
Shopping Center -
is an area consisting of
one (1) acre or more, arranged according to a site plan, to be submitted
to and to be approved by the Planning and Zoning Commission and the
City Council on which is indicated the amount of land to be devoted
to the shopping center, the detailed arrangement of various buildings,
parking area, streets and type of zoning desired. The installation
of all utilities, drainage structure, paving of streets, parking area,
alley, and installation of sidewalks shall be in accordance with the
City specifications for each type of improvement.
(85)
Story -
means that portion of a building included
between the surface of a floor and the surface of a floor next above
it, or if there is no floor above it, then the portion of the building
between the surface of a floor and the ceiling or roof above it. A
basement shall be counted as a story for the purposes of height regulations,
if the vertical distance from grade to the ceiling is more than seven
(7) feet.
(86)
Story, Half -
means the topmost story under
a gable, hip, or gambrel roof, the wall plates of which on at least
two (2) opposite exterior walls are not more than two (2) feet above
the floor of such story.
(87)
Street -
means a public or private thoroughfare
that affords the principal means of access to abutting property.
(88)
Structural Alteration -
means any change, addition,
or modification in construction in the supporting members of a building,
such as, exterior walls, bearing walls, beams, columns, foundations,
girders, floor joists, roof joists, rafters, or trusses.
(89)
Towers - Radio, Television or Microwave -
means
structures supporting commercial antennae for transmitting or receiving
any of the radio spectrum (includes structures used for satellites
dishes).
(90)
Trailer (including automobile trailer and trailer coach) -
is any vehicle or structure constructed in such a manner
as to permit occupancy thereof as sleeping quarters or the conduct
of any business, trade, or occupation or use as a selling, or advertising
device, or use for storage or conveyance of tools, equipment, and
machinery, and so designed that it is or may be mounted on wheels
and used as a conveyance on highways and streets, propelled or drawn
by its own or other motor power.
(91)
Trailer Park -
means any lot or part thereof,
or any parcel of land, which is used or offered as a location for
one (1) or more trailers.
(92)
Townhouse or Row House -
means three (3) or
more dwelling units attached by common vertical walls.
(93)
Use -
means the purpose for which land, or
a building or structure thereon, is designed, arranged, intended or
maintained, or for which it is or may be used or occupied.
(94)
Use, Accessory -
means a subordinate use on
the same lot, with the principal use and incidental and accessory
thereto.
(95)
Used Car Lot -
is a lot or tract of land used
for the sale, or display for sale, of two (2) or more previously owned
motor vehicles, including, but not limited to, passenger automobiles,
motorcycles, trucks, dune buggies and other types of motor vehicles
designed for use upon the public roads or for pleasure off public
roads, but not including farm implements, mobile homes, campers and
recreational vehicles, or construction equipment, such as, cranes,
bulldozers and related equipment and trucks over one ton capacity.
(96)
Vehicle Service Center -
means a center for
the repair and maintenance of, or diagnosis upon, motor vehicles,
including tire installation, but not including the sale of gasoline,
body work, or spray painting.
(97)
Yard -
means an open space, other than a court,
on the same lot with a building.
(98)
Yard, Front -
means a yard extending across
the full width of a lot and having a depth equal to the shortest distance
between the front line of the lot and the nearest portion of the main
building, including an enclosed or covered porch, provided that the
front yard depth shall be measured from the future street line for
a street on which a lot fronts, when such line is shown on the official
map or is otherwise established.
(99)
Yard, Rear -
means a yard extending across
the full width of a lot and having a depth equal to the shortest distance
between the rear line of the lot and the main building.
(100)
Yard, Side -
means a yard between the side
line of the lot and the main building extending from the front yard
to the rear yard and having a width equal to the shortest distance
between said side line and the main building.
(101)
Zoning Map -
means the official zoning map
of the City, together with all amendments subsequently adopted.
(Ordinance 210406 adopted 4/6/2021)
A.
Establishment
of Districts.
For the purpose of this ordinance, the
City is hereby divided into NINE (9) [TEN (10)] districts as follows:
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AG
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Agricultural District
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SF-E
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Single-Family Estate Residential
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SF-1
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Single-Family Residential
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TF
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Two-Family Residential (Duplex)
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MF
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Multiple-Family Residential
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C-1
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Commercial District-Office, Light Retail, and Neighborhood Services
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C-2
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General Commercial
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M-1
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Light Manufacturing/Industrial
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MH-1
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Manufactured Home Park
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MH-2
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Manufactured Home Subdivision
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B.
Official Zoning
Map.
The City is hereby divided into zones, or districts,
as shown on the official zoning map, which together with all explanatory
matter thereon, is in existence and is hereby adopted and declared
to be a part of this ordinance.
C.
Map Certified.
The official zoning map shall be identified by the signature
of the mayor, attested by the City Secretary, and bearing the seal
of the City under the following words:
“This is to certify that this is the official zoning map
adopted as part of Ordinance No. ________ of the City of West, Texas.”
D.
Location of
Map.
The official zoning map shall be in the custody
of, and shall remain on file in the office of, the City Administrator.
E.
Public Inspection
of Map.
The official zoning map, or a copy, shall be
available for public inspection for all matters that are of public
record.
F.
Amendment
of Official Zoning Map.
When changes are made in district
boundaries or other matter portrayed on the official zoning map, such
changes shall be entered on the official zoning map promptly after
the amendment has been approved by the City Council.
G.
Official Zoning
Map Replacement.
The City Council may, by ordinance,
adopt a new official zoning map should the original reproducible tracing
of the official zoning map be damaged, destroyed, lost or become ambiguous
because of the nature or number of changes and additions. The new
official zoning map may correct drafting or other errors or omissions
in the prior official zoning map, or any subsequent amendment thereof.
The new official zoning map shall be identified by the signature of
the mayor, attested by the City Secretary, and bearing the seal of
the City under the following words:
“This is to certify that this official zoning map supersedes
and replaces the official zoning map adopted (date of adoption of
map being replaced) as a part of the Zoning Ordinance of the City
of West, Texas.”
H.
Interpretation.
(1)
When the
district boundaries are either roads or streets, unless otherwise
shown, and where the designation of the district map indicates that
the various districts are bounded by a road or street line, the center
line of such road or street shall be construed to be the district
boundary line.
(2)
Where
the district boundaries are not otherwise indicated and where property
has been subdivided into lots and blocks, the subdivision boundaries
shall be construed to be the boundary of the district.
(3)
Where
the district boundaries are not otherwise indicated for unsubdivided
property, the district boundaries are property lines or section lines,
or quarter section lines, or quarter-quarter section lines.
(4)
Where
district boundaries are disputed or not otherwise clearly designated,
or where the physical or structural features are at variance with
the official zoning map, or in other circumstances not covered in
this section, the Board of Adjustment shall interpret the district
boundaries.
I.
Rules for
Words and Phrases.
For the purposes of this ordinance,
words used in the present tense include the future tense; words in
the singular number include the plural number, and words in the plural
number include the singular number; the word “shall” is
mandatory, not directory; the word “may” is permissive;
the word “person” includes a firm, association, organization,
partnership, trust, foundation, company, or corporation, as well as,
an individual; the word “used” includes designed and intended
or arranged to be used; the word “building” includes the
word “structure”; the word “lot” includes
“building lot” or parcel. Wherever this ordinance imposes
a greater restriction than imposed by other ordinances, laws, or regulations,
the provisions of this ordinance shall govern.
J.
Compliance
with Regulations.
The regulations
set by the ordinance within each district shall be minimum regulations
and shall apply uniformly to each class and kind of structure or land,
except as hereinafter provided.
(1)
No building,
structure, or land shall hereafter be used or occupied, and no building
or structure or part thereof shall hereafter be erected, repaired,
moved, or structurally altered except in conformity with all of the
regulations herein specified for the district in which it is located.
(2)
No building
or other structure shall hereafter be erected or altered to exceed
the height or bulk, to accommodate or house a greater number of families,
or to occupy a greater percentage of lot area than that specified
herein for the district in which it is located.
(3)
No building
or other structure shall have narrower or smaller rear yards, front
yards, side yards, or other open spaces than herein required, or in
any other manner contrary to the provisions of this Ordinance.
(4)
No part
of a yard, other open space, off-street parking or loading space,
required about or in connection with any building for the purpose
of complying with this section, shall be included as a part of a yard,
open space, off-street parking, or loading space similarly required
for any other building.
K.
Structures
to Have Access.
Every building, hereafter erected or
moved, shall be on a lot adjacent to a public street or with access
to an approved private street, and all structures shall be so located
on lots as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
L.
Visibility
at Intersections.
On a corner lot, nothing shall be erected,
placed, planted, or allowed to grow in such a manner (as with traffic
visibility across materially) to interfere the corner. This visibility
area shall be a triangle measured twenty-five feet (25') from the
point of right-of-way line intersection. All objects on the ground
in said triangle should not exceed two feet (2') in height and vegetation
should not droop to less than ten feet (10') from the ground.
Driveways are not permitted to be located in the visibility
area.
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M.
Fences, Walls,
and Hedges.
Please refer to the City’s Fence Ordinance
for specific restrictions.
N.
Height and
Area Exceptions.
The regulations
contained herein relating to the height of buildings or structures
and the size of yards and other open spaces shall be subject to the
following exceptions:
(1)
Churches,
schools, and other public and quasi-public buildings may be erected
to a height not exceeding sixty feet (60') or five (5) stories, provided
the front, side, and rear yards required in the district in which
such a building or structure is to be located are each increased at
least one foot (1') for each foot of additional height above the height
otherwise established for the district in which such building or structure
is to be located.
(2)
Chimneys,
cooling towers, church steeples or spires, tanks, water towers, television
antennas, microwave radio relay or broadcasting towers, mast or aerials,
and necessary mechanical appurtenances, are hereby excepted from the
height regulations of this section.
(3)
When a
lot has an area less than the minimum number of square feet per family,
as required for the district in which it is located, and was of record,
as such, at the time of the passage of this ordinance, such lot may
be occupied by one (1) family subject to the setback, rear yard, and
side yard regulations for the district in which it is located.
O.
Home Occupations.
The purpose of the home occupation
provision is to permit the conduct of home occupations that are compatible
with the neighborhoods in which they are located. 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:
(1)
Only the
members of the immediate family occupying the dwelling shall be engaged
in the home occupation.
(2)
The home
occupation shall be conducted only within the enclosed area of the
dwelling unit or the garage.
(3)
No more
than twenty-five percent (25%) of the area of one (1) story of the
principal building shall be devoted to the home occupation.
(4)
There
shall be no exterior alterations which change the character thereof
as a dwelling, other than those signs permitted in the district.
(5)
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.
(6)
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.
(7)
The home
occupation shall not create any increase in vehicular flow or parking
by more than two (2) additional vehicles at a time and shall not create
greater pedestrian traffic than normal for the district.
(8)
No more
than one (1) advertising sign with a maximum of four (4) square feet
of a non-illuminating nature may be placed on the main building.
(9)
Examples
of home occupations: The following are examples of uses that can often
be conducted within the limits of this section. Uses listed in this
paragraph do not automatically qualify as a home occupation, nor does
this listing limit the uses that may qualify as home occupations:
handicraft, dressmaking, preserving, accountant, artist, author, consultant,
individual tutoring (music lessons included), millinery, attorney,
and realtor.
(10)
Prohibited
uses: The following uses have a tendency to violate the provisions
for home occupations, and thereby, impair the character of residential
areas. Therefore, the uses specified shall not be permitted as accessory
uses in residential districts: commercial auto repairs, painting of
vehicles or boats, private schools, and child day care center of more
than ten (10) children.
(11)
Interpretation
of home occupations: The Board of Adjustment shall interpret the provisions
of this section to determine the validity of a home occupation. A
use considered not within the scope of the home occupation provisions
shall be subject to the provisions of the commercial zones of this
chapter.
(Ordinance 210406 adopted 4/6/2021)
After public hearing and proper notice, and after recommendation
by the Planning and Zoning Commission, the City Council may authorize
the issuance of conditional use permits when the Council finds all
of the following conditions present:
(1)
That the
establishment, maintenance, or operation of the conditional use will
not be materially detrimental to, or endanger, the public health,
safety, morals, or general welfare;
(2)
That the
uses, values and enjoyment of other property in the neighborhood,
for purposes already permitted, shall be in no foreseeable manner
impaired or diminished by the establishment, maintenance, or operation
of the conditional use;
(3)
That the
establishment of the conditional use will not impede the normal and
orderly development and improvement of the surrounding property for
uses permitted in the district;
(4)
That adequate
utilities, access roads, drainage and other necessary site improvements
have been or are being provided;
(5)
That adequate
measures have been or will be taken to provide ingress or egress,
so designed as to minimize traffic congestion in the public streets;
and
(6)
That the
conditional use shall conform to all applicable yard area regulations
of the district in which it is located.
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Prior to the granting of any conditional use, the City Council may stipulate such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsections (1) through (6) of Section 6. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The granting of a conditional use does not create a right to the use and the conditional use may be canceled at the City Council’s sole discretion. No application for a conditional use that has been denied wholly or in part by the City Council shall be resubmitted for a period of six (6) months from the date of said denial.
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(Ordinance 210406 adopted 4/6/2021)
A.
Annexed Territory
to Be Zoned AG.
All territory, hereafter annexed to the
City, shall be temporarily classified as AG Agricultural District
until permanent zoning is established by the City Council, except
as provided in Section 7.C below. The procedure for establishing permanent
zoning on annexed territory shall conform to the procedure established
by law for the adoption of the original zoning regulations.
B.
Regulations
for Temporary AG Districts.
In an area temporarily classified
as AG:
(1)
No person
shall erect, construct or add to any building or structure, or cause
same to be done in any newly annexed territory, without first applying
for and obtaining a building permit or certificate of occupancy from
the City, as required herein.
(2)
No permit
for the construction of a building or use of land shall be issued
other than a permit that will allow construction of a building permitted
in AG district(s), unless and until, such territory has been classified
in a zoning district other than an agricultural district.
(3)
An application
for a permit for any use, other than that specified above, shall be
made to the administrative official and referred to the Planning and
Zoning Commission for consideration and recommendation to the City
Council. The Planning and Zoning Commission, in making its recommendation,
shall take into consideration the appropriate land use for the area
and the overall plans for the City. The City Council, after receiving
and reviewing the recommendations of the Planning and Zoning Commission
may, by majority vote, authorize the issuance of a building permit
or certificate of occupancy, or may disapprove the application as
their findings may indicate appropriate in the public interest.
C.
Concurrent
Rezoning and Annexation.
The City may consider Application(s)
for permanent zoning of a newly annexed area at the same time as the
area is being considered for annexation.
(Ordinance 210406 adopted 4/6/2021)
It is recognized that new types of land use will develop, and
forms of land use, not anticipated, may seek to locate in the City.
In order to provide for such changes and contingencies, a determination
as to the appropriate classification of any new or unlisted form of
land use shall be made as follows:
(1)
The zoning
administrative official shall refer the question of any new or unlisted
use to the Planning and Zoning Commission, requesting an interpretation
as to the zoning classification into which such use should be placed.
The referral of the use interpretation question shall be accompanied
by a statement of facts, listing the nature of the use and whether
it involves dwelling activity, sales, processing, type of product,
storage, and amount or nature thereof, enclosed or open storage, anticipated
employment, transportation requirements, the amount of noise, odor,
fumes, toxic material and vibration likely to be generated, and the
general requirements for public utilities, such as, water and sanitary
sewer.
(2)
The Planning
and Zoning Commission shall consider the nature and described performance
of the proposed use and its compatibility with the uses permitted
in the various districts, and, after public hearing, determine the
zoning district or districts within which such use should be permitted.
The Planning and Zoning Commission shall transmit its findings and
recommendations to the City Council as to the classification proposed
for any new or unlisted use. The City Council may approve the recommendation
of the Planning and Zoning Commission or make such determination concerning
the classification of such use, as is determined appropriate after
giving consideration to the facts and recommendations.
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The AG District is intended to be used primarily in areas where
agricultural uses should be retained, where scattered non-farm growth
should be prevented, and as a temporary classification for newly annexed
lands.
B.
Uses Permitted.
The following uses shall be permitted:
(1)
Any customary
agricultural use, building, or structure, including nurseries, greenhouses,
orchards, truck farms and animal farms.
(2)
Single-family
detached residential dwellings.
(3)
Churches
and parish houses; cemeteries and crematories for the human dead;
school(s) and colleges, including dormitories; public buildings and
structures of the recreational, cultural, administrative and public
service type; parks, playgrounds, and neighborhood recreational centers.
(4)
Private
noncommercial recreation areas, including country clubs, riding stables,
swim clubs, and similar uses.
(5)
Dairies
and related establishments for processing milk products, not including
retailing.
(6)
Public
utilities and railroad right-of-way and tracks, not including terminals,
railroad yards, reservoirs, water towers pumping plants, or storage
yards.
C.
Conditional
Uses.
The following uses shall be permitted only if expressly
authorized by the City Council:
(1)
Hospitals
for human care and veterinary hospitals of any kind, provided that
the hospital grounds shall be distant at least two hundred (200) feet
from any residential district.
(2)
Utility
stations and communications. Static transformer stations, booster
stations, transmitters and utility stations, when operating requirements
necessitate locating in the district, provided there is no yard or
garage for service or storage, and provided further that the premises
upon which the utility station is erected and maintained shall be
appropriately landscaped and screened so as to be in harmony with
the general appearance of the neighborhood, and not objectionable
as to noise, odor, vibration or other disturbances.
(3)
Radio
and television transmitter tower.
(4)
Satellite
dishes.
D.
Accessory
Uses.
Accessory uses, buildings, or structures customarily
incidental to any aforesaid permitted or conditionally permitted uses,
including the following:
E.
Area, Yard;
Height; and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear) maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The Single-Family Estate (SF-E) is a residential district intended
to provide for development of primarily high quality, low-density
detached, single-family residences on lots of not less than 24,000
sq. ft. in size (approx. 1/2 acre), including churches, schools and
public parks in logical neighborhood units. Areas zoned for the SF-E
District shall have, or shall make provision for city water and sewer
services. They shall be designed to adequately accommodate storm drainage;
they shall have paved streets; they shall be properly buffered from
non-residential uses; and they shall be protected from pollution and
undesirable environmental and noise impacts.
B.
Uses Permitted.
The following uses shall be permitted:
C.
Conditional
Uses.
The following conditional uses may be allowed in
the SF-E District, subject to the provisions of Section 6, and the
distances specified in this subsection shall prevail, unless they
are modified by the Board of Adjustment in accordance with the provisions
of Section 6.
D.
Area; Yard;
Height; and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
This district is the predominant single-family housing district
in the City. Unless otherwise specified or requested, all residentially
suited areas presently undeveloped, should be zoned in this district.
Development in the SF-1 district is limited primarily to single-family
dwellings and certain community and recreational facilities to serve
residents of the district.
B.
Uses Permitted.
The following uses shall be permitted:
C.
Conditional
Uses.
The following conditional uses may be allowed in
the SF-1 District, subject to the provisions of Section 6, and the
distances specified in this subsection shall prevail, unless they
are modified by the Board of Adjustment in accordance with the provisions
of Section 6.
D.
Area; Yard;
Height; and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
Development in the TF district is limited primarily to two-family
dwellings and certain community and recreational facilities to serve
residents of the district.
B.
Uses Permitted.
The following uses shall be permitted:
C.
Conditional
Uses.
The following conditional uses may be allowed in
the TF District, subject to the provisions of Section 6, and the distances
specified in this subsection shall prevail, unless they are modified
by the Board of Adjustment in accordance with the provisions of Section
6.
D.
Area; Yard;
Height; and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The MF District is established to meet the needs for medium
to high density residential areas, where such development is in concert
with area aesthetics, is environmentally sound, is compatible to the
neighborhood, and promotes the character of the community.
B.
Uses Permitted.
The following uses shall be permitted:
(1)
Multiple-family
dwellings and clustered multiple-family dwellings, which clustered
multiple-family dwellings have a site plan approved by the Planning
and Zoning Commission for the particular project in which they are
proposed;
(2)
Churches,
parish houses, convents;
(3)
Country
clubs, tennis courts, and such additional recreational uses as are
for private recreation purposes or private club recreational purposes;
(4)
Parks
and playgrounds;
(5)
Accessory
uses, including, but not limited, to the following:
(a)
Athletic
fields and playfields, noncommercial, including stadiums and grandstands;
(b)
Temporary
buildings for storage of building materials and equipment and construction
purposes, when on the same or adjoining lot as the principal use,
for a period not to exceed the duration of such construction;
(6)
Existing
one- and two-family dwelling units used as such on the effective date
of this ordinance;
(7)
Day care
centers; and
(8)
All structures
pertinent to this section must be constructed on site.
C.
Conditional
Uses.
The following conditional uses may be allowed in
the MF-District subject to the provisions of Section 6:
(1)
Any uses
allowed as a conditional use in the SF-1 District unless permitted
above.
(2)
Offices
for professional uses, such as (without limitation due to enumeration),
building contractors, doctors, chiropractors, dentists, attorneys,
insurance, real estate, abstract and title, accountants, architects,
brokers, engineers, designers, and psychologists.
D.
Area; Yard;
Height; and Lot Coverage Requirement.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations,” and other applicable provisions of Section 21, “Supplementary District Regulations.”
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The Commercial District is intended for office facilities, neighborhood
shopping facilities, and retail and commercial facilities of a service
character. The C-1 District is established to accommodate the daily
and frequent needs of the community
B.
Uses Permitted.
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Permitted Uses. No building, structure,
or land shall be used, and no building or structure shall be erected,
constructed, reconstructed, moved or altered except for one (1) or
more of the uses identified below, subject to all applicable provisions
of these zoning regulations.
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1.
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Neighborhood retail sales and service, discount, variety, or
department store of not greater than twenty thousand (20,000) square
feet floor space
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2.
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Food store with floor space not greater than twenty thousand
(20,000) square feet.
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3.
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Gasoline service station (no garage or automobile repair facilities).
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4.
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Daycare facilities
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5.
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Business offices.
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Permitted Specific Uses.
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1.
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Broadcasting facilities, radios, television, or microwave tower.
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2.
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Gasoline service station with associated minor automobile repair
facility with floor space not greater than two thousand five hundred
(2,500) square feet.
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3.
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New and existing refuse facility shall be screened from view
on three (3) sides from persons standing at ground level on the site
or immediately adjoining property, by an opaque fence or wall of wood
or masonry not less than six (6) feet nor more than eight (8) feet
in height or by an enclosure within a building. Each refuse facility
shall be located so as to provide safe and convenient pickup by refuse
collection agencies.
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Additional Regulations.
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1.
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Required yards shall not be used for overnight display, sale,
or storage or merchandise or for the storage of vehicles, equipment,
containers, or waste material unless fenced with non-transparent screening
not less than six (6) feet nor more than eight (8) feet in height.
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2.
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All merchandise shall be sold at retail on the premises; and
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3.
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Such use shall not be objectionable because of odor, excessive
light, smoke, dust, noise, vibration, or similar nuisance.
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4.
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In the C-1 District, whenever a C-1 use abuts a SF-1, SF-E,
or TF district, a wall or fence of not less than six (6) feet nor
more than (8) feet in height is required. Natural screening may be
substituted for a wall or fence upon approval of the Planning and
Zoning Commission and City Council.
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C.
Conditional
Uses.
The following conditional
uses may be allowed in the C-1 District subject to the provisions
of Section 6.
(1)
Hotels
and motels, provided that the zoning lot shall be not less than two
(2) acres;
(2)
Dwelling
units, restricted to a total gross floor area of five thousand (5,000)
square feet above the ground floor of a commercial building.
(3)
Single-family
residential dwelling units, including modular homes.
D.
Area; Yard;
Height; and Lot Coverage Requirement.
1.
Height.
Structures shall not exceed 45 feet in height.
2.
Lot size.
No minimum lot width and depth are required except when a non-residential
use abuts a residential lot in which case the requirements shall be
the same as the adjoining residential zone and shall comply with visibility
and parking requirements.
3.
Location
on lot.
None required except when a non-residential use
abuts a residential lot in which case the requirements shall be the
same as the adjoining residential zone and shall comply with visibility
and parking requirements.
4.
Minimum
Building Size.
None required except when a non-residential
use abuts a residential lot in which case the requirements shall be
the same as the adjoining residential zone and shall comply with visibility
and parking requirements.
5.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations”, and other applicable provisions of Section 21, “Supplementary District Regulations”
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The C-2 District is established to accommodate those uses that
are of citywide and regional significance such as retail, service,
and office uses.
B.
Generally.
(1)
All business,
servicing or processing, except for off-street parking, off-street
loading and automobile service station operation, shall be conducted
within completely enclosed buildings, except as otherwise provided.
(2)
Parking
of trucks as an accessory use, when used in the conduct of a permitted
business listed in this section, shall be limited to vehicles of not
over one and one-half (1-1/2) ton capacity when located within one
hundred fifty feet (150') of a residence district boundary line.
C.
Uses Permitted.
The following uses shall be permitted:
(1)
Dwelling
units on the second floor of a ground floor business use, as long
as all requirements have been met in accordance with applicable City
ordinances, state and federal laws and regulations.
(2)
Neighborhood
retail sales and service.
(3)
Business
offices;
(4)
Professional
offices, such as, doctors, dentists, attorneys, chiropractors, psychologists,
insurance, real estate, architects, engineers, accountants, building
contractors, and other similar uses;
(5)
Clinics,
both medical and dental, that could include pharmaceutical sales,
provided that such pharmacies are complementary to the primary clinic
use of the structure. Other similar medical or dental, diagnostic
or therapeutic facilities (except residences) are permitted;
(6)
Bakeries,
cafes, confectioneries, ice cream shops, and restaurants that prepare
foodstuffs for onsite retail sale only;
(7)
Automobile
parking lots and structures;
(8)
Other
neighborhood retail sales or service uses, which are similar in character
to those enumerated above, and which will not be dangerous or otherwise
detrimental to persons residing or working in the vicinity thereof,
or to the public welfare, and will not impair the use, enjoyment or
value of any property;
(11)
Dry goods stores;
(12)
Automobile
accessory stores;
(13)
Automobile
service stations, including the incidental storage of rental trucks
and trailers, except that trucks and trailers for storage or rental
may not be parked within the public right-of-way;
(14)
Business
machine sales and service establishments;
(15)
Vehicle
service centers;
(16)
Cleaning
and dyeing facilities;
(17)
Commercial
recreation uses, including bowling alleys, arcades, golf driving ranges,
gymnasiums, miniature golf courses, pool halls, swimming pools and
skating rinks;
(18)
Other
retail sales and service uses which are similar in character to those
enumerated in this subsection, and which will not be dangerous or
otherwise detrimental to persons residing at, or enjoyment, or value
of, any property, but not including any of the following uses:
(a)
Any
use permitted only in an M-1 District;
(b)
Manufacturing
and processing other than an accessory use customarily incidental
to permitted commercial sales and service uses; or
(c)
Any
use which is objectionable by reason of emission of odor, dust, smoke,
gas, vibration or noise, or which may impose hazard to health or property.
D.
Conditional
Uses.
The following conditional uses may be allowed in
the C-2 District subject to the provisions of Section 6.
(1)
Hotels
and motels, provided that the zoning lot shall be not less than two
(2) acres;
(2)
Dwelling
units, restricted to a total gross floor area of five thousand (5,000)
square feet above the ground floor of a commercial building.
(3)
Single-family
residential dwelling units, including modular homes.
E.
Area; Yard;
Height; and Lot Coverage Requirement.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations”, and other applicable provisions of Section 21, “Supplementary District Regulations”.
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The M-1 District is established to accommodate light manufacturing
and industrial uses and protect such areas from the intrusion of certain
incompatible uses that might impede the development and use of such
lands for industrial purpose.
B.
Generally.
Uses permitted in the M-1 district are subject to the following
conditions:
(1)
All business,
servicing, or processing, except for off-street parking, off-street
loading, display of merchandise for sale to the public, and establishments
of the “drive-in” type, shall be conducted within completely
enclosed buildings, unless otherwise indicated in this Section;
(2)
All storage
within one hundred feet (100') of a residence district, except for
motor vehicles in operable condition, shall be within completely enclosed
buildings or effectively screened with screening, not less than six
feet (6') nor more than eight feet (8') in height, provided no storage
located within fifty feet (50') of such screening shall exceed the
maximum height of such screening.
C.
Uses Permitted.
Uses permitted in the M-1 District shall be as follows:
(1)
Advertising
products, such as signs and billboards;
(2)
Ambulance,
bus, train, and taxi stations, truck yards;
(3)
Dairy
and other food products, but not including fish and meat products,
sauerkraut, vinegar, yeast, alcohol or alcoholic beverages;
(4)
Building
materials yard, contractor’s yard, lumberyard;
(5)
Ceramic
products, such as pottery, figurines, and small glazed tiles;
(6)
Cleaning
and dyeing plants;
(7)
Electrical
appliances, such as lighting fixtures, irons, fans, and toasters;
(8)
Electrical
equipment assembly, such as home radio and television receivers and
home-movie equipment, but not including electrical machinery;
(9)
Electrical
supplies, manufacturing and assembly, such as wire and cable assembly,
switches, lamps, insulation and dry-cell batteries;
(10)
Electronic
instruments;
(11)
Furniture
refinishing using a manufacturing or chemical dipping process;
(12)
Insecticide
and pesticide, packaging only;
(13)
Machine
shops and fabrication of metal not more than ten (10) gauge in thickness;
(14)
Medical,
dental, and optical supplies;
(15)
Metal
finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing,
and heat treatment;
(16)
Metal
stamping and extrusion of small products, such as costume jewelry,
pins and needles, razor blades, bottle caps, buttons, and kitchen
utensils;
(17)
Orthopedic
and medical appliances, such as artificial limbs, braces, supports,
and stretchers;
(18)
Photo
finishing associated with a manufacturing process;
(19)
Repair
of farm, household, office machinery or equipment;
(20)
Scientific
and precision instruments;
(21)
Sheet
metal shops;
(22)
Existing
commercial and residential uses in use as such on the effective date
of this ordinance;
(23)
Public
utility and public service uses;
(24)
Radar
installations and towers;
(25)
Stadiums,
auditoriums, and arenas, open or enclosed;
(26)
Storage
and warehousing establishments;
(27)
Trailer
sales and rental, for use with private passenger motor vehicles;
(28)
Wholesaling
establishments;
(29)
Accessory
uses, including but not limited to the following:
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Temporary buildings for construction purposes for a period not
to exceed the duration of such construction;
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(30)
Other
wholesale, manufacturing, construction or service uses which are similar
in character to those enumerated in this subsection, and which will
not be dangerous or otherwise detrimental to persons residing or working
in the vicinity thereof, or to the public welfare, and will not impair
the use, enjoyment, or value of any property;
(31)
Factory
outlet retail or wholesale store for the sales and servicing of goods
or materials on the same premises as the manufacturing company to
which they are related, including sales and service in a separate
building or buildings.
D.
Conditional
Uses.
The following conditional uses may be allowed in
the M-1 District subject to the provisions of Section 6:
(1)
Amusement
establishments, livestock exhibition halls, including fairgrounds,
permanent carnivals, kiddy parks, and other similar outdoor amusement
facilities;
(2)
Asphalt
and concrete hatching or ready-mix plants;
(3)
Concrete
products casting;
(4)
Dwelling
units may be permitted only as an accessory use and only for employees
having duties in connection with any premises requiring them to live
on said premises, including families of such employees when living
with them;
(5)
Gasoline
and oil storage, wholesale, provided all applicable safety regulations
are complied with, and provided, however, that the location is approved
by the Board of Adjustment;
(6)
Motor
freight terminals;
(7)
Railroad
freight terminals, railroad switching and classification yards, repair
shops, and roundhouses;
(8)
Restaurant;
(9)
Theaters,
automobile drive-in; or
(10)
Automobile
and motorized vehicle and equipment display, sales, and service.
(11)
Existing
commercial and residential uses used as such on the effective date
of this ordinance;
E.
Density;
Area; Yard; Height; and Lot Coverage Requirement.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations”, and other applicable provisions of Section 21, “Supplementary District Regulations”.
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose.
The Manufactured Home Park (MH-1) District is designed to provide
areas for the location of rented or leased HUD-Code Manufactured Homes
in an attractive, medium-high density detached multi-family neighborhood
setting and ensure the presence of amenities required for satisfactory
quality of life in areas designated for manufactured home use. Multiple
units shall be uniformly located within a single large parcel in contrast
to the Manufactured Home Subdivision (MH-2) residential in which single
units are located on individually platted lots similar to Single-Family
(SF) zoning.
All MH-1 Rental Communities with twenty-four (24) or more dwelling
units shall provide open space and recreational areas appropriate
for the acreage and number of units contained. Areas zoned for the
MH-2 District shall have, or shall make provision for, City of West
water and sewer services. They shall be designed to adequately accommodate
storm drainage; they shall have paved streets with logical and efficient
vehicular circulation patterns that discourage non-local traffic;
they shall be properly buffered from non-residential uses; and they
shall be protected from pollution and undesirable environmental and
noise impacts.
B.
Uses Permitted.
The following uses shall be permitted:
(1)
HUD-Code
manufactured home;
(2)
Public
parks, playgrounds, recreational and community center buildings and
grounds; public golf courses, public swimming pools, tennis courts
and similar recreational uses, all of a noncommercial nature;
(3)
Any principal
building or any swimming pool shall be located not less than one hundred
(100) feet from any property line of any other residential district.
(4)
Athletic
fields and playfields, noncommercial, including stadiums and grandstands.
(5)
Mobile
homes (built prior to June 15, 1976) as defined in the Manufactured
Housing Standards Act, Article 5221f, Section 3(a), V.T.C.S., are
prohibited within the City limits and shall not be used as a dwelling
unit in any zoning district.
(6)
Single-family
detached homes, management offices or clubhouses built in this district
shall comply with the Single-Family (SF) Residential District requirements
including height, setbacks, exterior façade materials, minimum
dwelling size, etc.
C.
Area Regulations.
Orientation of the Dwelling Unit - Manufactured
Homes may be either oriented perpendicular or parallel to the abutting
street; however, the two types may not be mixed together in the same
park facility.
Size of Yards (for each lot/space within
a manufactured home park):
(1)
Minimum
Front Yard -
Twenty-five feet (25') from a dedicated
street or from any private street or drive.
(2)
Minimum
Side Yard -
Minimum distance between units regardless
of orientation shall be sixteen (16') feet of separation between any
two manufactured homes and a minimum of ten (10') feet between any
site-built storage sheds, carports, porches, decks, patios or awnings
with or without roofs and the adjacent unit. Add an additional ten
(10') feet for any side facing a side street on a corner lot.
(3)
Minimum
Rear Yard -
Fifteen feet (15'). If a garage is provided,
the entry (i.e., door) side of the garage shall have a twenty-five-foot
(25') setback as measured from any property or street right-of-way
line.
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Minimum Space per Unit - a minimum of
approximately 4,500 square feet of space shall be provided for each
unit for the placement of the unit and adequate yard space for the
use of the tenant.
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Minimum Floor Area per Dwelling Unit:
Twelve hundred (1,200) square feet.
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Maximum Lot Coverage: Fifty percent (50%)
for main buildings/units plus any accessory buildings and impervious
surfaces, the remainder to be in open space.
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Maximum Density: The maximum number of
dwelling units shall not exceed eight (8) units per acre.
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Parking Regulations: Two (2) spaces per
unit located on the same lot as the unit served.
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Area for Manufactured Home Park (MH-1) - Minimum subdivision area shall be two and one-half acres (2.5)
acres; maximum park area shall not exceed twenty-five (25) acres.
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Maximum Height Limit:
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1.
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One (1) story, not to exceed eighteen (18') feet for the main
manufactured home.
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2.
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One (1) story, for other accessory buildings, including detached
garages and carports, gazebos, mail kiosks, etc., not to exceed eighteen
(18') feet.
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Maximum Impervious Surface Coverage -
Fifty percent (50%).
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Development Standards:
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(1)
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All units shall be at least twenty (20') feet wide (e.g., “double-wide).
As of the effective date of this Ordinance all single-wide units shall
be deemed nonconforming and shall not be brought into the City to
occupy an existing vacant lot or to occupy a newly platted lot.
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(2)
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A pitched roof having a minimum of 4:12 is required with a minimum
six-inch (6") overhang.
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(3)
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Manufactured housing design and construction will comply with
manufactured housing construction and safety standards published by
the Department of Housing and Urban Development (HUD) pursuant to
the requirements of the Texas Manufactured Housing Standards Act (Vernon’s
Annotated Civil Statutes Art. 5221f, as amended) and all manufactured
housing will be subject to inspection by the Building Official, or
his designee.
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(4)
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All manufactured housing within the City shall be anchored on
a permanent concrete foundation in accordance with Federal guidelines
as stated in the “Permanent Foundation Guide for Manufactured
Housing” (HUD 7584). Any additions to the original structure,
such as rooms, storage, or garages shall be constructed on a solid
concrete slab.
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(5)
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Covered porches, patios and decks shall be constructed on-site,
and shall not be located closer than ten (10') feet from any adjacent
dwelling unit or structure.
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(6)
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Axles and tongues shall be removed, such that the manufactured
housing unit becomes permanently placed upon the site.
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(7)
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Any siding or sheathing used on housing units (or on buildings
added onto housing units) shall be compatible with materials used
on surrounding structure.
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D.
Supplemental
Requirements for Manufactured Home Parks
Tenant Parking - Each parking space shall
be an approved all-weather surface, in accordance with City standards,
and shall be located to eliminate interference with access to parking
areas provided for other manufactured homes and for public parking
in the park.
Visitor and Supplemental Parking - In
addition to parking spaces required for each manufactured home unit,
there shall be paved parking provided for the manufactured home community
in general:
(1)
One (1)
visitor parking space for every three (3) manufactured home lots.
Visitor parking may be grouped together in a common area with no more
than ten (10) parking spaces in each visitor’s parking lot.
(2)
Supplemental
parking for vehicle storage space for the parking or storage of boats,
campers and similar vehicles or equipment may be grouped together
as well in a common area not to exceed ten (10) spaces for the use
of residents.
(3)
Supplemental
spaces may be located anywhere within the manufactured home subdivision
provided that no manufactured home lot shall be situated further than
six hundred (600') from a common parking lot.
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Access:
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(1)
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Each manufactured home park shall have direct access from an
improved public street in accordance with the Subdivision Ordinance.
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(2)
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Where an internal private street provides access to individual
lots or dwelling units, the same shall be paved in accordance with
City standards, and it shall be dedicated to the public as an emergency
access or fire lane easement to allow for the rapid and safe movement
of vehicles used in providing emergency health or public safety services.
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(3)
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All MH Parks shall make provisions for the maintenance of all
private access infrastructure including streets, fire lanes, sidewalks
and common parking lots within the subdivision (see Subsection (4)
below).
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(4)
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Each emergency access/fire lane easement shall have a clear
unobstructed width as specified in the adopted International Fire
Code, shall connect to a dedicated public street, and shall meet the
minimum required turning area and radii to permit free movement of
emergency vehicles.
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(5)
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Dead end streets are not allowed without an approved turn around
in accordance with the adopted Fire Code. Fire lane easements shall
be maintained by the manufactured home subdivision.
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(6)
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Gated/secured entrances shall be in accordance with the design
standards for gated/secured entrances on private streets (see Subdivision
Ordinance).
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Maintenance Requirements for Common Areas - The property owner(s) shall be required for continued maintenance
of common land, clubhouses, private streets, sidewalks, common parking
lots or spaces, open space and/or other facilities. In the event of
failure to maintain said common areas, the City may utilize all remedies
available at law to compel compliance from the property owners, and
provide for a lien against the property of the owners.
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Walkways - Designated concrete walkways
four feet (4') in width will be provided on both sides of roadways
or streets public or private.
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Street Names and Signs - Within each
manufactured home park, all streets shall be named, and manufactured
homes numbered in a logical and orderly fashion. Private street signs
shall be of a color and size contrasting with those on public streets
and roadways so that there is no confusion regarding which are private
and which are public streets. These signs and numbers shall be of
standard size and placement to facilitate location by emergency vehicles.
Street names shall be submitted to the City Administrator (or designee)
along with the subdivision plat application, reviewed by the appropriate
City staff with respect to street naming procedures set forth within
the Subdivision Ordinance and/or the City’s Code of Ordinances,
and approved by the Planning and Zoning Commission and the City Council
on the preliminary plat for the subdivision. The street names shall
be set with preliminary plat approval, and shall not be changed on
the final plat without City approval. All dwelling unit numbering
(i.e., addressing) shall be assigned by the Developer and approved
by the City.
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Other Signs - Along all sections of emergency
access easements, the owner or agent shall erect metal signs prohibiting
parking. The sign type, size, height and location shall be in accordance
with the Manual of Uniform Traffic Control Devices and approved by
the City.
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Intersections - Internal streets shall
intersect adjoining public streets at approximately ninety degrees
(90°) and at locations which will eliminate or minimize interference
with traffic on those public streets.
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Street Lighting - Street lighting along
public and private streets within the manufactured home subdivision
shall be provided in accordance with the Subdivision Regulations,
and shall be maintained by the property owner’s association
of the manufactured home park if along private streets.
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Electric and Telephone Service - All
electrical distribution lines and all telephone lines shall be underground
except the primary service lines to the subdivision.
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Drainage and Soil Protection - The ground
surface in all parts of the subdivision shall be graded and equipped
to drain all surface water in a safe, efficient manner. Each manufactured
home lot shall provide adequate drainage for the placement of a manufactured
home. Exposed ground surfaces in all parts of every manufactured home
subdivision shall be protected with a vegetative growth (such as grass)
capable of preventing soil erosion and eliminating dust or paved and/or
covered with erosion resistant but porous materials, such as, decomposed
crushed granite, stone, brick paving, or other similar solid material.
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Firefighting:
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(1)
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Approaches to all manufactured homes shall be kept clear for
firefighting.
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(2)
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The owner or agent of a manufactured home subdivision shall
be responsible for the instruction of any staff in the use of the
park fire protection equipment and in their specific duties in the
event of a fire. Owner shall install standard City fire hydrants located
at three hundred feet (300') intervals along all internal streets
public or private.
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(3)
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The owner or agent of a manufactured home park shall be responsible
for maintaining the entire area of the park free of dry brush, leaves
and weeds in excess of six inches (6") in height.
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Refuse Facilities - If refuse services are not provided to individual lots then every manufactured home dwelling unit shall be located within one hundred fifty feet (150') of a common refuse facility, measured along the designated pedestrian travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than thirty feet (30') to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with Section 24 [Section 21] of this Ordinance.
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Anchorage of Manufactured Homes - To
insure against natural hazards such as tornados, high winds and electrical
storms, anchorage for each manufactured home shall be provided according
to the Building Code and State law.
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Skirting:
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(1)
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All manufactured home units shall provide skirting from the
top of the unit’s frame to grade. Skirting shall totally enclose
and secure from view the unit’s axles and all required anchors,
footings, and piers.
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E.
Special Requirements.
Site Plan submission and approval shall be required for any
manufactured home park in the MH-1 District. Such Site Plan approval
shall not require a public hearing as unless the site plan submittal
is part of a zoning change request to establish an MH-1 District zoning
classification. Any nonresidential land use which may be permitted
in this district shall conform to the (C-1) Commercial-Office, Light
Retail, Neighborhood Services District standards.
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose and
Scope
(1)
The Manufactured
Home Subdivision (MH-2) District is designed to provide areas for
the location of HUD-Code Manufactured Homes in an attractive, medium-high
density detached single-family neighborhood setting and ensure the
presence of amenities required for satisfactory quality of life in
areas designated for manufactured home use. Each unit shall be located
on its own platted single-family lot in contrast to Manufactured Home
Park (MH-2) residential in which multiple units are located on a single
platted lot similar to Multi-Family (MF) zoning.
(2)
The Manufactured
Home Subdivision (MH-1) District is a detached residential district
establishing standards for the development of HUD-Code Manufactured
Home Subdivisions. A HUD-Code Manufactured Home Subdivision shall
be defined as individually platted lots available for sale, lease
or rental for the placement of manufactured home units which may either
be privately owned, leased or rented. There are few visible distinctions
between a Manufactured Home Subdivision (MH-1) and a Manufactured
Home Park or Manufactured Home Rental Community (MH-2) in that the
minimum dwelling unit size, density, layout of streets, utilities,
and other infrastructure requirements are much the same regardless
of ownership of the individual lots and dwelling units.
(3)
All MH-2
subdivisions with twenty-four (24) or more lots shall provide open
space and recreational areas appropriate for the acreage and number
of units contained. Areas zoned for the MH-1 District shall have,
or shall make provision for, City of West water and sewer services.
They shall be designed to adequately accommodate storm drainage; they
shall have paved streets with logical and efficient vehicular circulation
patterns that discourage non-local traffic; they shall be properly
buffered from non-residential uses; and they shall be protected from
pollution and undesirable environmental and noise impacts.
B.
Principal
Permitted Uses.
(1)
HUD-Code
Manufactured Home (Code of Federal Regulations at 24 CFR 3280); and
(2)
Public
parks, playgrounds, recreational and community center buildings and
grounds; public golf courses, public swimming pools, tennis courts
and similar recreational uses, all of a noncommercial nature.
(3)
Any principal
building or any swimming pool shall be located not less than one hundred
(100) feet from any property line of any other residential district.
(4)
Mobile
homes (built prior to June 15, 1976) as defined in the Manufactured
Housing Standards Act, Article 5221f, Section 3(a), V.T.C.S., are
prohibited within the City limits and shall not be used as a dwelling
unit in any zoning district.
(5)
Single-family
detached homes, management offices or clubhouses built in this district
shall comply with the Single-Family (SF-1) Residential District requirements
including height, setbacks, exterior façade materials, minimum
dwelling size, etc.
(6)
Permitted
conditional uses shall be any use allowed as a conditional use in
the SF-1 District, subject to the provisions of Section 6.
C.
Area Regulations:
(1)
Orientation
of the Dwelling Unit -
Manufactured Homes may be either
oriented perpendicular or parallel to the abutting street; however,
the two types may not be mixed together in the same subdivision.
(2)
Size
of Yards
(for each lot within a manufactured home subdivision):
a)
Minimum
Front Yard -
Twenty-five feet (25') from a dedicated
street or from any private street or drive.
b)
Minimum
Side Yard
-
1.
Perpendicular
orientation the minimum side yard on the main entry side shall not
be less than fifteen (15') feet and the minimum side yard on the opposite
side shall not be less than six (6') feet.
2.
Parallel
orientation the minimum side yard shall not be less than six (6')
feet on either side.
3.
Add
an additional ten (10') feet for any side facing a side street on
a corner lot.
c)
Minimum
Rear Yard -
Fifteen feet (15').
d)
If a
garage is provided, the entry (i.e., door) side of the garage shall
have a twenty-five-foot (25') setback as measured from any property
or street right-of-way line.
(3)
Size
of Lots
(for each lot within a manufactured home subdivision):
a)
Minimum
Lot Area -
Four thousand five hundred (4,500) square
feet per lot.
b)
Minimum
Lot Width -
Forty-Five feet (45') - perpendicular orientation;
Seventy-two feet (72') - parallel orientation
c)
Minimum
Lot Depth -
One hundred feet (100') - perpendicular orientation;
sixty-four feet (64') - parallel orientation
(4)
Minimum
Floor Area per Dwelling Unit:
Twelve hundred (1,200)
square feet.
(5)
Maximum
Lot Coverage:
Fifty percent (50%) for main building/unit
plus any accessory buildings.
(6)
Maximum
Density:
The maximum number of dwelling units shall not
exceed eight (8) units per acre
(7)
Parking
Regulations:
Two (2) spaces per unit, one of which must
be covered or enclosed, located on the same lot as the unit served
(8)
Area
for Manufactured Home Subdivision -
Minimum subdivision
area shall be five (5) acres; maximum subdivision area shall not exceed
fifty (50) acres.
(10)
Minimum
Exterior Construction Standards -
Industry Standard
(11)
Maximum
Impervious Surface Coverage -
Sixty percent (60%).
(12)
Development
Standards:
a)
All
units shall be at least twenty (20') feet wide (e.g., “double-wide).
As of the effective date of this Ordinance all single-wide units shall
be deemed nonconforming and shall not be brought into the City to
occupy an existing vacant lot or to occupy a newly platted lot.
b)
A pitched
roof having a minimum of 4:12 is required with a minimum six-inch
(6") overhang.
c)
Manufactured
housing design and construction will comply with manufactured housing
construction and safety standards published by the Department of Housing
and Urban Development (HUD) pursuant to the requirements of the Texas
Manufactured Housing Standards Act (Vernon’s Annotated Civil
Statutes Art. 5221f, as amended) and all manufactured housing will
be subject to inspection by the Building Official, or his designee.
d)
All
manufactured housing within the City shall be anchored on a permanent
concrete foundation in accordance with Federal guidelines as stated
in the “Permanent Foundation Guide for Manufactured Housing”
(HUD 7584). Any additions to the original structure, such as rooms,
storage, or garages shall be constructed on a solid concrete slab.
e)
Covered
porches, patios and decks shall be constructed on-site, and shall
not be located closer than five (5') feet from any property line.
f)
Axles
and tongues shall be removed, such that the manufactured housing unit
becomes permanently placed upon the site.
g)
Any
siding or sheathing used on housing units (or on buildings added onto
housing units) shall be compatible with materials used on surrounding
structure.
D.
Supplemental
Requirements For MH-2 Subdivisions:
(1)
Access:
a.
Each
manufactured home subdivision shall have direct access from an improved
public street in accordance with the Subdivision Ordinance.
b.
Where
an internal private street provides access to individual lots or dwelling
units, the same shall be paved in accordance with City standards,
and it shall be dedicated to the public as an emergency access or
fire lane easement to allow for the rapid and safe movement of vehicles
used in providing emergency health or public safety services.
c.
All MH-2
Subdivisions with private streets and/or sidewalks shall have a mandatory
Property Owner’s Association which shall have in its by-laws
provisions for the maintenance of all private access infrastructure
including streets, sidewalks and common parking lots within the subdivision
d.
Each
emergency access/fire lane easement shall have a clear unobstructed
width as specified in the adopted International Fire Code, shall connect
to a dedicated public street, and shall meet the minimum required
turning area and radii to permit free movement of emergency vehicles.
e.
shall
be maintained by the manufactured home subdivision. Dead end streets
are not allowed without an approved turn around in accordance with
the adopted Fire Code. Fire lane easements
f.
Gated/secured
entrances shall be in accordance with the design standards for gated/secured
entrances on private streets (see Subdivision Ordinance).
(2)
Maintenance
Requirements for Common Areas -
A property owners association
shall be required for continued maintenance of common land, clubhouses,
private streets, sidewalks, common parking lots or spaces, open space
and/or other facilities. In the event of failure to maintain said
common areas, the City may by ordinance, provide for maintenance at
the expense of the property owners, and provide for a lien against
the property of the members, as in the case of individual homeowners.
The power of the City to file a lien shall be recited in the bylaws
of the Association.
(3)
Walkways
-
Designated concrete walkways four feet (4') in width
will be provided on both sides of roadways or streets public or private.
(4)
Street
Names and Signs -
Within each manufactured home subdivision,
all streets shall be named, and manufactured homes numbered in a logical
and orderly fashion. Private street signs shall be of a color and
size contrasting with those on public streets and roadways so that
there is no confusion regarding which are private and which are public
streets. These signs and numbers shall be of standard size and placement
to facilitate location by emergency vehicles. Street names shall be
submitted to the city administrator (or designee) along with the subdivision
plat application, reviewed by the appropriate City staff with respect
to street naming procedures set forth within the Subdivision Ordinance
and/or the City’s Ordinances, and approved by the Planning and
Zoning Commission and the City Council on the preliminary plat for
the subdivision. The street names shall be set with preliminary plat
approval, and shall not be changed on the final plat without City
approval. All dwelling unit numbering (i.e., addressing) shall be
assigned by the Developer and approved by the City.
(5)
Other
Signs -
Along all sections of emergency access easements,
the owner or agent shall erect metal signs prohibiting parking. The
sign type, size, height and location shall be in accordance with the
Manual of Uniform Traffic Control Devices and approved by the City.
(6)
Intersections
-
Internal streets shall intersect adjoining public streets
at approximately ninety degrees (90°) and at locations which will
eliminate or minimize interference with traffic on those public streets.
(7)
Street
Lighting -
Street lighting along public and private streets
within the manufactured home subdivision shall be provided in accordance
with the Subdivision Regulations, and shall be maintained by the property
owner’s association of the manufactured home park if along private
streets.
(8)
Electric
and Telephone Service -
All electrical distribution lines
and all telephone lines shall be underground except the primary service
lines to the subdivision.
(9)
Drainage
and Soil Protection -
The ground surface in all parts
of the subdivision shall be graded and equipped to drain all surface
water in a safe, efficient manner. Each manufactured home lot shall
provide adequate drainage for the placement of a manufactured home.
Exposed ground surfaces in all parts of every manufactured home subdivision
shall be protected with a vegetative growth (such as grass) capable
of preventing soil erosion and eliminating dust or paved and/or covered
with erosion resistant but porous materials, such as, decomposed crushed
granite, stone, brick paving, or other similar solid material.
(10)
Firefighting:
a.
Approaches
to all manufactured homes shall be kept clear for firefighting.
b.
The
owner or agent of a manufactured home subdivision shall be responsible
for the instruction of any staff in the use of the park fire protection
equipment and in their specific duties in the event of a fire. Owner
shall install standard City fire hydrants located at three hundred
feet (300') intervals along all internal streets public or private.
c.
The
owner or agent of a manufactured home park shall be responsible for
maintaining the entire area of the park free of dry brush, leaves
and weeds in excess of six inches (6") in height.
(11)
Refuse
Facilities -
If refuse services are not provided to individual
lots then every manufactured home dwelling unit shall be located within
one hundred fifty feet (150') of a common refuse facility, measured
along the designated pedestrian travel way. A refuse facility shall
be a dumpster or other similar container designed for receiving garbage
in bulk for more than one dwelling, and all refuse containers shall
be maintained in accordance with local public health and sanitary
regulations. Refuse containers shall be located no closer than thirty
feet (30') to any adjacent single-family property, shall be located
so as to provide safe and convenient pickup by refuse collection agencies,
and shall be screened in accordance with City Ordinance.
(12)
Anchorage
of Manufactured Homes -
To insure against natural hazards
such as tornados, high winds and electrical storms, anchorage for
each manufactured home shall be provided according to the Building
Code and State law.
(13)
Skirting:
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All manufactured home units shall provide skirting from the
top of the unit’s frame to grade. Skirting shall totally enclose
and secure from view the unit’s axles and all required anchors,
footings, and piers.
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All required skirting shall be masonry (or an approved substitute
of equal durability) resistant to impact damage by weed trimmers or
lawnmowers and shall be of a color similar to the materials used in
the construction of the manufactured home unit such that it blends
with the overall appearance of the unit.
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F.
Manufactured
Home Subdivision Plan Required
Site Plan submission and approval shall be required for any
manufactured home subdivision in the MH-2 District. Such Site Plan
approval shall not require a public hearing as required unless the
site plan submittal is part of a zoning change request to establish
an MH-2 District zoning classification.
Application for the establishment of a manufactured home subdivision
shall be filed with the City Secretary, or designee, and must be accompanied
by a plat, drawn to scale and certified by a registered public surveyor,
civil engineer, landscape architect or architect. Fifteen (15) blue
and black line copies of the plat shall be submitted to the City Secretary
at least fourteen (14) days prior to the Planning and Zoning Commission
meeting at which the plat is to be considered. The plat shall be drawn
on a 24" X 36" sheet at a scale of 1" = 100' unless a larger scale
is authorized by the City. A scale of 1" = 200' is the smallest scale
to be permitted. The Planning and Zoning Commission shall review the
plat for the manufactured home park and submit a recommendation to
the City Council. The plat shall contain the following information:
(1)
Accurate
dimensions of the proposed manufactured home subdivision;
(2)
All roads
and approaches and the method of ingress and egress from public streets;
(3)
Complete
electric service installation, wire service outlets and lighting facilities
all underground;
(4)
Complete
location of any natural gas facilities to serve the subdivision;
(5)
Complete
layout of unit parking spaces and number of square feet therein, together
with the dimensions;
(6)
Location
of electric power or gas distribution systems, water mains or wells
for water supply outlets for domestic water users, location of sanitary
facilities, washrooms, garbage disposal units, incinerators, sanitary
sewers or septic tanks, sewer drain lines, leaching beds, fire protection
stalls, and other buildings or structures contemplated to be used
by such applicant in connection with the mobile home subdivision;
(7)
Name
and address of the owner and engineer, surveyor of land planner;
(8)
Proposed
name of the park;
(9)
A northpoint,
scale of plat, and date of preparation;
(10)
Contours
at intervals of five (5) vertical feet; and
(11)
Drainage
plans for park.
G.
Enlargement.
Any enlargement or extension of any existing manufactured home
subdivision shall require application for a building permit as if
it were a new establishment.
Enlargement - Existing facilities to Comply. No enlargement or extensions to any manufactured home park shall
be permitted unless the existing facility is made to conform with
all the requirements for new construction for such an establishment.
H.
Additional
Requirements.
In addition to the foregoing, the City
Council may impose such other conditions, requirements, or limitations
concerning the design, development, and operation of such manufactured
home subdivision as it may deem necessary for the protection of adjacent
properties and public interest.
(Ordinance 210406 adopted 4/6/2021)
A.
Purpose and
Scope.
The PD Planned Development District is designed
to provide flexibility in development planning and the opportunity
for the application of planning concepts. Planned development zoning
shall require the submission and approval of a development site plan.
The City Council after public hearing and proper notice to all parties
affected, and after recommendation from the Planning and Zoning Commission,
may require the creation of Planned Development Districts when any
of the following developments are being considered:
(1)
Large
shopping center;
(2)
Housing
development on tracts of five (5) acres or more;
(3)
Industrial
parks or districts on tracts of ten (10) acres or more;
(4)
Medical
center or hospital;
(5)
Civic
center and/or community center;
(6)
Office,
motel or hotel center on tracts of two (2) acres or more;
(7)
Recreation
center;
(8)
Research
park or scientific research center; or
(9)
A combination
of uses that are not customarily allowed in any one of the districts
established in this ordinance.
B.
Application
Procedures.
Application for a PD District shall be made
in the same manner as an application for any amendment to the zoning
ordinance and shall include the following additional information:
(1)
Proposed
Uses.
An application for a PD District shall specify
and describe the category or type of use or the combination of uses
proposed. Permitted uses under PD zoning shall be specified in each
PD ordinance. If such ordinance specifies permitted uses by references
to a zoning district, the permitted uses shall include those uses
permitted in the reference district, including those permitted through
the cumulative provision of the zoning ordinance.
(2)
Development
Requirements.
An application for a PD District shall include a list of development
requirements, which may be incorporated into the PD ordinance. Development
requirements may include, but not be limited to, density, lot size,
unit sizes, setbacks, building heights, lot coverage, parking ratios,
screening and other requirements the Council may deem appropriate.
Standards set forth in specific zoning districts will be used
as guidelines for planned developments. Modifications of standards
may be considered if the modification substantially meets the intent
of the ordinance and improves the overall development design, or if
a unique project design is proposed which cannot readily be accommodated
through other districts. Pecuniary reasons shall not be the sole reason
for modifying standards.
(3)
Concept
Plan
An application for a PD District shall include a concept plan
showing the relationship to existing natural features and adjacent
properties and uses.
The concept plan shall be construed as an illustration of the
development concepts and not as an exact representation of all specific
development details.
C.
Development
Site Plan.
Approval of a development site plan shall
be a prerequisite to the issuance of building permits for any property
in a PD District. The approval of a development site plan may also
serve as preliminary plat approval, provided that all requirements
of the subdivision ordinance and its subsequent amendments are satisfied.
(1)
Compliance
with Approvals.
The development site plan must comply
with all provisions of the PD ordinance specifying development standards
and substantially reflect the precepts and layout set forth in the
concept plan. If, in the judgment of the Planning and Zoning Commission,
a development site plan does not comply with the provisions of the
PD ordinance and the concept plan incorporated therein, the Planning
and Zoning Commission may reject such plan, in which case a new site
plan may be submitted or application must be made to amend the PD
ordinance, including all requirements for notices and public hearings.
If a PD ordinance does not specify development standards or has not
incorporated a concept plan, the development plan approval shall specify
such standards. Development requirements on such development plans
may be revised under the same review, notice and approval procedures
as applied to the original approval of the plan and application to
amend the PD ordinance shall not be required.
(2)
Review
Process.
The development plan review process shall include
review by the Planning and Zoning Commission, referral by the Planning
and Zoning Commission to the City Council with a recommendation, and
review and final approval of the development plan by the City Council.
(3)
Modifications.
The Planning and Zoning Commission may recommend, and the Council
may require, such modifications of a development site plan that will
ensure the proposed project will be in harmony with the existing and
anticipated development of surrounding areas.
(4)
Requirements.
(a)
General
Information:
Twenty (20) copies of development site plan;
vicinity map or adequate reference to intersecting streets to locate
specific property; north arrow, date, scale (not less than 1" = 100').
(b)
Site/Adjacent
Property Information:
Site, indicating boundaries and
project phase lines, if any; public or private rights-of-way and easements
on site or abutting or intersecting the site; adjacent properties,
with zoning and existing uses identified.
(c)
Building
Layout:
Existing and proposed structures, showing approximate
outline of perimeter walls and including distances to property lines
and other structures; front, side and rear building setback lines;
proposed category of use or uses of structures; elevation views or
renderings indicating architectural design, building materials proposed
and window orientations (one copy required); number of stories, in
height and feet; gross floor area; location of entrances and exits.
(d)
Circulation
and Parking:
Location, dimensions and proposed construction
of all streets, private drives, alleys, parking areas and drive approaches;
street drives and alleys which are adjacent to or dead-end into the
site, including the location, of existing and proposed median openings
and left-turn lanes in boulevard streets; number and dimensions of
parking spaces and width of drive approaches and aisles; sidewalks
and other facilities for pedestrian circulation; location, width and
curve radii for required fire lanes.
(e)
Drainage/Utilities/Services:
Existing and proposed topography, reflecting proposed handling
of on-site surface drainage; limits of the 100-year floodplain and
floodway as shown on current FIA mapping, including location and acreage;
proposed improvements and method of maintenance for any drainage channels;
existing and proposed water and sanitary sewer layout; existing and
proposed fire hydrant locations; propose locations for solid waste
container pads.
(f)
Screening/Open
Space/Recreational Facilities:
Location, height and building
materials for any proposed or required walls or fences; height, location
and type of any proposed berms or living screens; location and size
(if applicable) of proposed recreation facilities (swimming pools,
tennis courts, etc.); location of open play areas and playgrounds
with play equipment; landscape plan.
(g)
Living
Units:
Table showing type of units by size, number of
bedrooms, and number of each type; floor plans for all units.
D.
Administrative
Action.
Upon approval of a development site plan by the
City Council and approval of the preliminary plat, application may
be made for the permits and certificates necessary for construction.
Subsequent to such approval, the Planning and Zoning Commission may
authorize minor changes when such changes will not cause any of the
following circumstances to occur:
(1)
A change
in the character of the development;
(2)
An increase
in the ratio of the gross floor area in structures to the area of
any lot;
(3)
An increase
in the intensity of use;
(4)
A reduction
in the originally approved separations between buildings;
(5)
An increase
in the problems of circulation, safety, and utilities;
(6)
An increase
in the external effects on adjacent property;
(7)
A reduction
in the originally approved setbacks from property lines;
(8)
An increase
in ground coverage by structures;
(9)
Reduction
in the ratio of off-street parking and loading space to the gross
floor area in structures; and
(10)
Change
in the locations, lighting or orientation of originally approved signs.
E.
Standards
for Townhouse Developments.
Development of townhouse
projects shall be considered within the scope of the PD Planned Development
zoning classification, thereby providing flexibility in planning and
design, and allowing the application of innovative and creative development
concepts.
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The following standards are set forth as guidelines for the
preparation of a development plan as required by Section 18.B. Consistent
with the intent of the Planned Development District, these standards
may be modified as may serve the best interests of the community upon
approval of the development plan.
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(1)
Townhouse
Lots.
The following minimum requirements should apply
to each townhouse lot:
(a)
Area
of Lot - Three thousand (3,000) square feet;
(b)
Depth
of Lot-One hundred (100) feet, except where the lot backs to a freeway,
expressway, or thoroughfare in which case the minimum depth of lot
shall be one hundred ten (110) feet;
(c)
Width
of Lot - Twenty-six (26) feet;
(d)
Front
Yard Setback - Twenty (25) feet; and
(e)
Exterior
Side Yard - Where a side lot line abuts a street, the width of the
side yard shall be fifteen (15) feet.
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Access to townhouse lots shall be adequate to provide fire protection
and sanitation service.
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(2)
Spacing
Between Buildings.
Dwelling units should be in groups
of not less than three (3) townhouse units nor more than seven (7)
townhouse units; in no event should more than one-fourth (1/4) of
the total building groups contain seven (7) townhouses. The total
length of any one group of units should not exceed an overall length
of two hundred twenty-five (225) feet. There shall be a minimum space
of thirty-six (36) feet between building groups and fifteen (15) feet
between the end of a building and a street, private drive, or alley.
(3)
Open
Space.
No less than forty (40) percent of the total gross
land area should be open space that shall not be used as an area of
principal construction, nor for automobile driveways or parking facilities.
Such open space should be used exclusively for the purpose of installation
of recreational facilities and green or landscaped areas. Flood plains,
or any standing surface water, other than swimming pools, may be considered
open space if specifically approved by council.
(4)
Density.
The average density of townhouse units should not exceed eight
(8) units per acre. The density is to be computed by taking the gross
land area of each town house tract and dividing the total number of
dwelling units within the tract.
(5)
Living
Area in Each Townhouse Unit.
The minimum living area
for a one-bedroom townhouse unit shall be eight hundred fifty (850)
square feet; two (2) or more bedroom units shall have a minimum of
twelve hundred (1,200) square feet living area, exclusive of garages,
breezeways, patios, and porches.
(6)
Exterior
Fire Resistant Construction.
All main buildings shall
be of exterior fire resistant construction having exterior walls constructed
of brick, stone, concrete block, or other masonry, or materials of
equal characteristics, or as approved in the review of the development
plan.
(7)
Fire
Walls.
Within each townhouse complex, a four (4) hour,
fire-rated firewall shall be placed every forty-five hundred (4,500)
square feet. All such fire walls shall be continuous and unbroken
from the foundation slab to the underside of the roof deck and conform
to the other requirements for fire walls as outlined in the building
code for the City. All other townhouse unit separation walls shall
be of a two (2) hour rating.
(8)
Utilities.
All utilities shall be placed underground, except installations
aboveground shall be permitted when approved by the City Council under
the following circumstances:
(9)
Parking
Regulations.
Two and one-half (2-1/2) parking spaces
shall be provided off the street for each townhouse unit. Each townhouse
should provide a carport or garage and shall have a capacity for two
(2) motor vehicles (pickup and vans not exceeding three-fourths (3/4)
ton capacity). The additional one-half (1/2) parking space per unit
shall be placed in groups scattered through the development to accommodate
the guests of the homeowners. No more than fifty (50) percent of the
additional off-street parking spaces shall be located on private or
public streets or alleys.
(10)
Recreational
Facilities.
Recreational and community facilities, including
community buildings, swimming pools, and playground areas, shall be
considered in the review of the development plan.
(11)
Recreational
Vehicles and Equipment.
Adequate storage areas for the
storage of recreational vehicles and equipment shall be considered
in the review of the development plan.
(12)
Screening.
Screening shall be provided according to the following requirements:
(a)
In
the event that a townhouse development backs up or sides upon a SF,
TF, MF, or C District, a solid masonry screening fence of not less
than six (6) feet nor more than eight feet (8") [sic] shall be erected
and maintained along the property line separating the two districts;
(b)
A
masonry screening fence shall consist of materials of equal composition
and characteristics as the main buildings in the townhouse development;
and
(c)
No
such screening fence shall be erected so as to obstruct the vision
of motorists at alley, street, or drive intersections.
(13)
Construction
Requirements.
All streets, parking areas, access drives,
sidewalks, and drainage structures constructed on private or public
property shall be approved by the City and constructed in accordance
with the City’s specifications and requirements.
(14)
Homeowners’
Association.
Before approval of any plat containing any
common area, it shall be necessary to assure the City that provisions
have been made for adequate upkeep and maintenance of such area and
facilities. Any such homeowners’ or maintenance association,
so established to maintain and manage all such common area, shall
be approved by the City Council prior to the issuance of any building
permits. In the event of failure to maintain said common area, the
City may, by ordinance, provide for maintenance at the expense of
the property owners, and provide for a lien against the property of
the members, as in the case of individual homeowners. The power of
the City to file a lien shall be recited in the bylaws of the Association.
(Ordinance 210406 adopted 4/6/2021)
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District
|
Minimum Frontage Based on Address
|
Minimum Dwelling Unit Size
|
Minimum Lot Width
|
Minimum Lot Depth
|
Minimum Front Yard
|
Minimum Rear Yard*
|
Minimum Side Yard*
|
Max. Height of Building
|
Maximum Impervious Cover
|
|---|---|---|---|---|---|---|---|---|---|
|
AG
|
1 Acre
|
2,000 Sq. Ft.
|
200 Ft.
|
200 Ft.
|
50 Ft.
|
50 Ft.
|
20 Ft.
|
3 stories/45 Ft.
|
30%
|
|
SF-E
|
24,000 Sq. Ft.
|
2,400 Sq. Ft.
|
150 Ft.
|
160 Ft.
|
40 Ft.
|
35 Ft.
|
15 Ft.
|
2.5 stories/36 Ft.
|
50%
|
|
SF-1
|
6,000 Sq. Ft.
|
1,200 Sq. Ft.
|
60 Ft.
|
100 Ft.
|
25 Ft.
|
7 Ft.
|
7 Ft.
|
2.5 stories/36 Ft.
|
60%
|
|
TF**
|
6,000 Sq. Ft.
|
1,200 Sq. Ft./Unit
|
60 Ft.
|
100 Ft.
|
25 Ft.
|
7 Ft.
|
7 Ft.
|
2.5 stories/36 Ft.
|
60%
|
|
MF
|
1 Acre
|
550 sf-Effic’y. 650 sf-1 B.R. 780 sf-2 B.R. 930 sf-3 B.R.
|
100 Ft.
|
100 Ft.
|
Variable
|
7 Ft.
|
7 Ft.
|
3 stories/45 Ft.
|
75%
|
|
MH-1
|
Min. - 2.5 Ac Max. - 25 Ac 4,500 Sq. Ft. Per D/U Unit
|
1,200 Sq. Ft.
|
N/A
|
N/A
|
25 Ft.
|
7 Ft.
|
Min. 14 ft. between units
|
1 story/18 Ft.
|
60%
|
|
MH-2
|
Min. - 5 Ac Max. - 50 AC 4,500 Sq. Ft.
|
1,200 Sq. Ft.
|
45 Ft./72 Ft.
|
100 Ft./64 Ft.
|
25 Ft.
|
7 Ft.
|
14 Ft./7 Ft.
|
1 story/18 Ft.
|
60%
|
|
C-1***
|
8,000 Sq. Ft.
|
N/A
|
80 Ft.
|
100 Ft.
|
25 Ft.
|
7 Ft.
|
7 Ft.
|
2 stories/35 Ft.
|
90%
|
|
C-2***
|
10,000 Sq. Ft.
|
N/A
|
100 Ft.
|
100 Ft.
|
25 Ft.
|
Depends on Bldg. Ht.
|
Depends on Bldg. Ht.
|
2 stories/35 Ft.
|
90%
|
|
M-1***
|
20,000 Sq. Ft.
|
N/A
|
100 Ft.
|
100 Ft.
|
25 Ft.
|
Depends on Bldg. Ht.
|
Depends on Bldg. Ht.
|
3 stories/45 Ft.
|
90%
|
|
Notes:
|
|---|
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* Note: See text of the Ordinance for additional or supplemental
requirements. Additional setback distance for side and rear yards
is required for corner lots, when adjacent to a street, or adjacent
to another more restrictive district, etc.
|
|
**TF lot dimensions and side yards are variable based on whether
it is for duplexes, patio homes or cluster developments and whether
the lot is on a corner.
|
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***Note: Side and rear side yard setbacks are determined by
fire lane width requirements based on height of building, otherwise
the side and rear yards when no fire lane is required shall be a minimum
of fifteen (7') feet for interior lots and twenty-five (25') feet
for any yard adjacent to a street or alley and no part of any structure
shall be less than twelve (12) feet from the side property line when
such structure is constructed upon a corner lot
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The Schedule of District Regulations notwithstanding, the exterior
of additions and/or modifications to existing non-masonry single-family
residential structures and accessory buildings to such structures
may consist of materials consistent with the exterior of the existing
structure.
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(Ordinance 210406 adopted 4/6/2021)
A.
Screening
Elements and Fences.
In order to provide maximum safety
to pedestrians and motorists at intersections and at ingress and egress
points from public streets, highways, and alleys to private property,
to conserve and protect the value of adjacent land and buildings;
to protect aesthetic views and vistas, to secure hazardous areas from
unauthorized entry, to contain livestock and other agricultural activities,
and to screen and protect permitted outside materials storage areas,
the following regulations are prescribed for the location, type, and
height of regulated required and nonrequired screening elements and
fences. The term “screening element” as used herein is
defined in Section 4.
(1)
Traffic
Visibility at Intersections.
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 feet
(2') and ten feet (10') 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 twenty-five feet
(25') from the point of the intersection.
 |
(2)
Traffic
Visibility at Interior Lots.
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.
(3)
Residential
Districts - General.
(a)
Screening
elements and fences shall be restricted to a maximum height of six
feet (6'), measured from the adjacent grade line, except as otherwise
allowed.
(b)
Nonresidential
uses in a residential district shall be suitably screened from view,
to a height not less than six feet (6') nor more than eight feet (8'),
of any adjacent residential lot or dwelling use along the side and
rear property lines of such nonresidential use. Said screening requirements
shall not be mandatory for public schools, parks or churches, except
where a parking lot or active outdoor intensive use area (such as
a playground) is adjacent to a residential lot or dwelling. Parking
lot screening need not be more than three and one-half feet (3-1/2')
in height. Off-street loading areas of any nonresidential use shall
be adequately screened from view of any residential dwelling or lot
or of any other adjacent public or semi-public land use.
(4)
Non-residential
Districts - General.
(a)
Where
a nonresidential use abuts a residential lot, use or district, the
side and rear property lines abutting said residential lot, use, or
district shall be suitably screened by the nonresidential use so as
to obscure the view from the residential lot, use or district to the
nonresidential use to a height not less than six feet (6') nor more
than eight feet (8').
(b)
Where
a district boundary separating a residential district from a nonresidential
district is along a street or alley, and an automobile parking lot
or parking area is located in the front yard of the nonresidential
use, then said parking lot or parking area facing the residential
lot, use, or district shall be suitably screened to a height of not
less than three and one-half feet (3-1/2').
(c)
Where
garbage, refuse, and trash collection/storage is permitted and the
screening thereof is required, then such screening shall be provided
around the exposed perimeter thereof of not less than six feet (6')
nor mote than eight feet (8') in height.
(d)
In
all districts where open storage is permitted and the screening thereof
is required, then such screening shall be provided around the exposed
perimeter thereof of not less than six feet (6') nor more than eight
feet (8') in height.
(e)
Off-street
loading areas shall be adequately screened from view of any residential
dwelling or of any other adjacent residential land use.
(f)
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 drainage way,
within the easements reserved therefor.
(g)
All
required screening elements shall be permanently and adequately maintained
by the nonresidential property owner.
(5)
Barbed
Wire Fences.
(a)
Barbed
wire fences used in conjunction with permitted agricultural and related
activities and in industrial districts are permitted without restrictions,
but are expressly prohibited in all other districts except as provided
below.
(b)
Barbed
wire strands may be placed on top of permitted fences and screening
elements in an industrial or general commercial district for the purpose
of security from theft, entry, and hazard around public utility substations
and uses of a similar nature, provided the top strand is not higher
than eight feet (8') nor the bottom strand lower than six feet (6')
from the adjacent grade line.
B.
Accessory
Buildings.
The following regulations shall govern the
location, size, and use of any accessory buildings:
(1)
No accessory
building shall be erected in any required yard area as stipulated
in this ordinance, except as allowed in the following paragraphs.
(2)
No accessory
building shall be erected within ten feet (10') of any other building,
except detached residential garages may be located within five feet
(5') of the main dwelling, and except as the provisions of paragraph
(5) below are met.
(3)
No detached
residential garage or carport shall be erected or placed closer to
any street or alley right-of-way line than the minimum yard requirements
(building set-back line) governing the district in which such garage
or carport is located.
(4)
No detached
residential garage or carport shall be erected or placed within eight
feet (8') from any side lot line.
(5)
Residential
accessory buildings and sheds housing domestic lawn and garden equipment
and all other household effects may be detached or attached to the
main building, but shall not encroach in any required front yard,
and may not occupy more than thirty percent (30%) of the rear yard.
(6)
No accessory
building shall be higher than the main building and in no case be
in excess of eighteen feet (18') in height.
(7)
No accessory
building shall be erected or placed within three feet (3') of any
side or rear lot line and shall not encroach upon any easement.
C.
Projections
of Buildings, Structures, and Appurtenances into Required Yards.
(1)
Open
or lattice enclosed fire escapes may project into a required yard
not to exceed five feet (5'). The ordinary projections of chimney’s
pilasters shall be permitted by the City’s building official
when placed so as not to obstruct light and ventilation.
(2)
Terraces,
balconies, decks, uncovered porches and ornamental features, which
do not extend more than four feet (4') from the side wall line and
being at least seven (7') feet above the floor level of the ground
(first) story, may project into a required side yard, provided these
projections be a distance at least four (4') feet from any adjacent
side lot line. Such features may not project onto a required front
or rear yard more than eight feet (8') from the front or rear wall
line.
(3)
An unenclosed
porch containing not more than forty (40) square feet may project
into a required front yard for a distance not to exceed five feet
(5').
(4)
A carport
or canopy may project into a required side yard, provided every part
of such carport or canopy is unenclosed, except for necessary structural
supports, and not less than five feet (5') from any side lot line.
(5)
Every
part of a required yard shall be open to the sky, unobstructed by
a building, except for the ordinary projections of sills, belt courses,
cornices, and ornamental features not exceeding twelve inches (12"),
or as otherwise excepted in paragraphs (1) through (4) above.
D.
Parking,
Storage or Use of Major Recreational Equipment and Vehicles.
No major recreational equipment shall be parked or stored on
any lot in a residential district, except in a carport or enclosed
building, on a driveway, or in a required side or rear yard, except
that such equipment may be parked anywhere on a residential premise
not to exceed twenty-four (24) hours during loading or unloading.
No such equipment shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a residential lot, except for the
temporary housing of guests not to exceed two (2) consecutive weeks.
For purposes of these regulations, major recreational equipment is
defined as including boats and boat trailers, travel trailers, pickup
campers, or coaches (designed to be mounted on automotive vehicles),
motorized dwellings, tent trailers, and the like, and cases or boxes
used for transporting recreational equipment, whether occupied by
such equipment or not.
(Ordinance 210406 adopted 4/6/2021)
A.
Automobile
Parking Space Regulations.
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.
(1)
Except
as otherwise provided in the section, off-street parking spaces shall
be provided as follows:
|
USE OF BUILDING OR SITE
|
MINIMUM NUMBER OF PARKING SPACES REQUIRED
|
|---|---|
|
Residential
| |
|
Single-family
|
2.0 per dwelling unit
|
|
Duplex
|
2.0 per dwelling unit
|
|
Multifamily
| |
|
Triplex
Fourplex
Townhome
|
2.5 per dwelling unit
2.5 per dwelling unit
2.5 per dwelling unit
|
|
Apartments
|
2.5 per dwelling unit
|
|
Commercial
| |
|
Offices and Banks
|
3.3 per 1,000 sq. ft. gross floor area
|
|
Clinics and Doctors’ Offices
|
8.0 per 1,000 sq. ft. gross floor area
|
|
General Retail
|
1.0 per 300 sq. ft. gross floor area
|
|
Shopping Centers
|
5.5 per 1,000 sq. ft. gross floor area
|
|
Restaurants
|
0.3 per seat
|
|
Hotels, Motels
|
1.00 per unit
|
|
Halls for meeting, dancing, social events
|
5.0 per 1,000 sq. ft. gross floor area
|
|
Entertainment
| |
|
Bowling Alleys
Pool Halls
|
5.0 per 1,000 sq. ft. gross floor area
|
|
Industrial
|
0.8 per employee on any one shift
|
|
Auditoriums and Theaters:
|
1.0 per four seats
|
|
Churches (Sanctuary)
|
1.0 per four seats
|
|
Churches (Additional space)
|
1.0 per 1,000 square feet
|
|
Elementary and Junior High Schools
|
1.0 per staff members
|
|
Hospitals
|
1.2 per bed plus 1.0 per three staff members on any one shift
|
|
Nursing Homes
|
1.0 per five beds plus 1.0 per two staff members on any one
shift
|
|
Wholesale storage and Jobbing
|
1.0 per employee, plus 1.0 per business vehicle parked on premises,
plus 2.0 for visitor or customer parking.
|
|
Off-street reservoir parking shall be provided for an automatically
operated car wash equal to three (3) times the maximum capacity of
the car wash, and for a manually operated car wash equal to six (6)
times the maximum capacity of the car wash, for automobiles awaiting
entrance. “Maximum Capacity” shall mean the greatest number
of automobiles undergoing some phase of washing at the same time.
The required yard setbacks for any building shall not be included
in calculating the minimum space requirements for off-street parking.
|
(2)
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.
(3)
Each
business, commercial, manufacturing or industrial use having deliveries
made by truck more than once a day between the hours of 8:00 a.m.
and 6:00 p.m., or where the time of loading and unloading materials
or goods exceeds ten (10) minutes between those hours, shall provide
off-street truck loading space on the lot, such space to be not less
than thirty-five feet (35') in length, twelve feet (12') in width,
and fifteen feet (15') in height.
(4)
For the
purpose of this subsection, one parking stall shall be not less than
one hundred seventy-five (175) square feet in area, together with
whatever area is required for means of ingress and egress thereto,
except that in the case where attendants perform the act of parking
in defined and adequate stalls then each such stall shall be considered
a parking stall as required herein.
(5)
A driveway
for access to any single parking space or to a parking lot shall be
not less than eleven feet (11') in width nor more than thirty feet
(30') in width at the property line along the street and shall be
so located as to minimize traffic hazard and congestion.
(6)
All required
parking stalls shall be located on the premises to which such requirement
applies or within an off-street space distance not more than five
hundred feet (500') from such premises, provided that such stalls
as are required for employees and proprietors of any premises may
be located within an off-street space distance not more than one thousand
feet (1,000') from such premises, except as otherwise provided in
this subsection or other subsections of this Ordinance.
(7)
Provision
of parking stalls shared jointly by several persons in the same block
or in the same vicinity is permissible, in which case the number of
stalls required shall be the sum total of the individual requirements,
provided that, where it is found by the Board of Adjustments, upon
application thereto, that the parking demand generated by the different
uses included in any joint arrangement to provide parking stalls required
herein occurs at distinctly different times, as in the case of a theater
generating demand for parking during such daytime hours, and in similar
cases, the Board of Adjustments may reduce the total of number of
parking stalls to be jointly provided.
(8)
All parking
spaces required for any use and provided in compliance with the provisions
of this subsection on the same lot or plot as that occupied by such
use shall be considered to be required spaces for the use or uses
to which appurtenant and shall not be reduced or encroached upon in
any manner.
(9)
The surface
of parking stalls and aisles, truck standing spaces, and access driveways
therefore shall be treated, prepared and maintained for adequate drainage
and the elimination of dust, dirt, and mud, according to city specifications.
(10)
In
a case where existing off-street parking facilities have unused parking
capacity, and where such facilities are open to the use of the public
free of charge or at reasonable rates, the Board of Adjustments may
reduce the parking space requirements for any use distance not more
than eight hundred feet (800') from such facility or facilities, provided
that the total number of stalls in such reduction shall be not greater
than the total number of stalls of unused capacity.
(11)
In
a case where any public or private off-street parking facility, to
be open to the use of the public free of charge or at a reasonable
rates, is planned or is in process of development, and where the Board
of Adjustments has reasonable assurance that such development will
be carried to completion and will, when completed, relieve the parking
demand in an area within five hundred feet (500') thereof in some
measure or in full measure, the Board of Adjustments may establish
a reasonable time period within which any use or uses within such
area shall provide required space for parking stalls. Upon completion
of all or a portion of such development, the provision of paragraph
(10) above may be applied by the Board.
(12)
In
a case where the customary mode of transportation of a majority of
the patrons, employees, and proprietors of any use, to and from the
area in which such use is located, is other than by private automobile,
the Board may reduce by an amount not to exceed fifty percent (50%)
the space required for parking stalls for such use.
(13)
In
a case where it is clearly shown by the applicant, to the satisfaction
of the Board, that the provision of the amount of space required herein
for parking stalls, due to the particular nature of the proposed use
or other condition, would be an unnecessary hardship, the Board may
reduce such requirement.
B.
Residential
Off-Street Parking.
(1)
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.
(2)
Definitions
and Restrictions.
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, motor home, camper, trailer,
boat or any vehicle on any portion of a front yard or side yard of
any area which is zoned MH, SF-E, SF-1, or TF, under this Ordinance
unless:
(a)
Said
area is a part of a hard surfaced driveway or parking area;
(b)
Said
area is a part of a gravel driveway bordered by cement curbing or
similar permanent border;
(c)
Said
area is a part of a required driveway that provides access to a garage,
carport or off-street parking area required by this Ordinance;
(d)
Said
area is part of a side yard which is enclosed by a screening fence
at least six feet (6') in height and so constructed that no person
can see through into the area surrounded by the fence;
(e)
The
term “vehicle” as used herein shall mean every device
in, upon, or by which any person or property is or may be transported
or drawn upon a street or highway, except devices moved exclusively
by human power. The term “hard surfaced” as used herein
shall include cement, asphalt, brick and other commonly accepted pavement
that may be approved by the building official;
(f)
A
single-width driveway running from the street access to a garage or
other parking area shall not utilize more than fifteen percent (15%)
of any residential front yard, except for front yards with a front
footage width of less than seventy feet (70'), in which case the maximum
width for a single driveway shall be eleven feet (11');
(g)
A
double-width driveway running from the street access to a garage or
other parking area shall not utilize more than twenty-seven percent
(27%) of any residential front yard, provided that the maximum width
of a driveway shall not exceed twenty-four feet (24') in any case
and shall not exceed eighteen feet (18') for front yards with a front
footage width of less than seventy feet (70');
(h)
A
triple-width driveway running from the street to a garage or other
parking area shall not utilize more than thirty-three percent (33%)
of any residential front yard, provided that the maximum width of
a driveway shall not exceed thirty feet (30') in any case, and shall
not be permitted for front yards with a front footage width of less
than eighty feet (80');
(i)
A
drive apron means the connection between a driveway and the traveled
portion of a street, in the public right-of-way, including any sidewalk
area abutting thereon; or
(j)
Circular
driveways used for turnarounds or through traffic shall not utilize
more than thirty percent (30%) of any residential front yards or corner
side yards with a front footage or less than eighty feet (80').
(Ordinance 210406 adopted 4/6/2021)
A.
Intent.
Within the districts established by this ordinance, or amendments
that may later be adopted, there exist lots and uses of lands, buildings
and structures, uses of land and buildings in combination, and characteristics
of use which were lawful before this ordinance was passed and amended,
but which would be prohibited, regulated or restricted under the terms
of this ordinance or future amendments. It is the intent of this ordinance
to permit these nonconformities to continue until they are removed.
It is further the intent of this Ordinance that nonconforming
uses shall not be enlarged upon, added, expanded or extended, and
shall not be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
The prohibition of the expansion, addition, enlargement or extension
of nonconforming uses above shall also apply to all signage attached
to structures or freestanding on the premises intended to be visible
from off the premises.
To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans, construction, or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this ordinance
and upon which actual building construction has been carried on diligently.
Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
B.
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 date of this ordinance. This provision shall apply even [if] such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by Section 19; however, all other provisions of Section 19 shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.
(1)
Conformance
When
The lawful use of a building or land existing at the date of
enactment of this ordinance, although such does not conform to the
provisions hereof, may be continued, but if nonconforming use is discontinued
for a period of six (6) consecutive calendar months, it shall not
thereafter be resumed and any future use of such building or land
shall be in conformity with the provisions hereof.
The use of land, if changed from a nonconforming use, shall
be in conformity with the provisions hereof.
(2)
Board
Approved Use Conforms.
Any use that is permitted in a
district only upon action of the Board of Adjustments shall, upon
its establishment, be considered a conforming use in that district,
provided that this regulation shall not be so interpreted as to waive
any conditions of a conditional permit for such use.
(Ordinance 210406 adopted 4/6/2021)
A.
Duties and
Powers.
In the absence of a Planning and Zoning Commission,
the City Council shall serve as the Commission. The Planning and Zoning
Commission is hereby charged with the duty and invested with the authority
to:
(1)
Inspect
property and premises at reasonable hours where required in the discharge
of its responsibilities under the laws of the State of Texas and of
the City.
(2)
Recommend
to the City Council approval or disapproval of proposed changes in
the zoning plan.
(3)
Formulate
and recommend to the City Council, for its adoption, a City Plan for
the orderly growth and development of the City and its environs and
from time-to-time recommend such changes in the plan as it finds will
facilitate the movement of people and goods, and the health, recreation,
safety, and general welfare of the citizens of the City.
(4)
Formulate
a zoning plan as may be deemed best to carry out the goals of the
City Plan; hold public hearings and make recommendations to the City
Council relating to the creation, amendment, and implementation of
zoning regulations and districts as provided in Chapter 211, Section
211.007 of the Local Government Code of the State of Texas. All powers
granted under said Section are specifically adopted and made a part
hereof.
(5)
Exercise
all the powers of a Commission as to approval or disapproval of plans,
plats, or replats set out in Chapter 212, Section 212.006 of the Local
Government Code of the State of Texas.
(6)
Study
and recommend the location, extension and planning of public rights-of-ways,
parks or other public places, and on the vacating or closing of same.
(7)
Study
and recommend on the general design and location of public buildings,
bridges, viaducts, street fixtures and other structures appurtenances.
Study and recommend on the design or alteration and on the location
or relocation of works of art that are, or may become, the property
of the City.
(8)
Initiate
in the name of the City, for consideration at public hearing, all
proposals: (a) for the opening, vacating or closing of public rights-of-way,
parks or other public places; or closing of public rights-of-way,
parks or other public places; (b) for the change of zoning district
boundaries on an area-wide basis. No fee shall be required for the
filing of any such proposal in the name of the City.
(9)
Formulate
and recommend to the City Council for its adoption policies and regulations
consistent with the adopted City Plan governing the location and/or
operation of utilities, public facilities, and services owned or under
the control of the City.
(10)
Submit
each May, a progress report to the City Council summarizing its activities,
major accomplishments for the past year, and a proposed work program
for the coming year. The report shall contain for the year the attendance
record of all members and identity of commission officers.
(Ordinance 210406 adopted 4/6/2021)
A.
Organization
of Board of Adjustment.
There is hereby created a Board of Adjustment, herein referred
to as the Board. In the absence of a Board, the City Council shall
serve as the Board. The Board shall be organized, appointed, and function
as follows:
The Board shall consist of five (5) members who are residents
of the City, each to be appointed by the City Council for a term of
two (2) years and removable for cause by the appointing authority
upon written charges and after public hearing. The City Council shall
designate one (1) member as chairman. Vacancies shall be filled for
the unexpired term of any member, whose place becomes vacant for any
cause, in the same manner as the original appointment was made. The
City Council may appoint two (2) alternate members of the Board who
shall serve in the absence of one (1) or more of the regular members
when requested to do so by the Chairman of the Board or City Secretary,
as the case may be. All cases to be heard by the Board will always
be heard by a minimum of seventy-five percent (75%) of the number
of regular members. These alternate members, when appointed, shall
serve for the same period as the regular members, which is for a term
of two (2) years, and any vacancy shall be filled in the same manner,
and they shall be subject to removal the same as the regular members.
Each position on the Board shall be given a numerical designation
with the designations beginning with the number 1 and ending with
the number 5. The terms of the odd-numbered positions (places 1, 3,
and 5) shall expire in odd-numbered years and the terms of even-numbered
positions (places 2 and 4) shall expire in even-numbered years. Board
members may be appointed to successive terms.
Each alternate position on the Board shall be given a numerical
designation with the designations beginning with the number 1 and
ending with the number 2. The terms of the odd-numbered positions
shall expire in odd-numbered years and the terms of even-numbered
positions shall expire in even-numbered years. Board alternate members
may be appointed to successive terms.
Appointments of members and alternate members of the Board shall
be made at the first regular City Council meeting in the month of
June of each year. Newly appointed members and alternate members shall
be installed at the first regular Board meeting after their appointment.
If there is a sitting Board, they shall continue to serve.
B.
Operational
Procedure.
(1)
The Board
shall adopt rules to govern its proceedings provided, however, that
such rules are not inconsistent with this ordinance or state law.
Meetings of the Board shall be held at the call of the chairman and
at such other times as the Board may determine. The Chairman, or in
his absence, the acting Chairman, may administer oath and compel the
attendance of witnesses.
(2)
All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings, showing the vote of each member upon each question,
and shall keep record of its examinations and other official actions,
all of which shall be immediately filed in the office of the Board
and shall be a public record.
(3)
Appeals
to the Board can be taken by any person aggrieved or by an officer,
department, or board of the municipality affected by any decision
of the administrative official. Such appeal shall be taken within
fifteen (15) days after the decision has been rendered by the administrative
official by filing with the officer from whom the appeal is taken
and with the Board a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the records upon which the
action appealed from was taken.
(4)
An appeal
shall stay all proceedings in furtherance of the action appealed from
unless the officer from whom the appeal is taken certifies to the
Board, after the notice of appeal shall have been filed with the officer,
that, by reasons of facts stated in the certificate, a stay would,
in his opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or a court of record on application
or notice to the officer from whom the appeal is taken and on whom
due cause shown.
(5)
No appeal
to the Board for the same or related variance on the same piece of
property shall be allowed prior to the expiration of six (6) months
from a previous ruling of the Board on any appeal to such body unless
other property in the immediate vicinity has, within the said six
(6) months period, been changed or acted on by the Board or City Council
so as to alter the facts and conditions on which the previous board
action was based. Such change of circumstances shall permit the re-hearing
of an appeal by the Board prior to the expiration of six (6) months
period, but such conditions shall in no wise have any force in law
to compel the Board, after a hearing, to grant a subsequent appeal.
Such subsequent appeal shall be considered entirely on its merits
and the peculiar and specific conditions related to the property on
which the appeal is brought.
(6)
At a
public hearing relative to any appeal, any interested party may appear
in person, or by agent, or by attorney. The burden of proof shall
be on the applicant to establish the necessary facts to warrant favorable
action of the Board on any appeal. Any special exception or variance
granted or authorized by the Board, under the provisions of this ordinance,
shall authorize the issuance of a building permit or a certificate
of occupancy, as the case may be, for a period of ninety (90) days
from the date of the favorable action of the Board, unless said board
shall have, in its action, approved a longer period of time and has
so shown such specific longer period in the minutes of its action.
If the building permit and/or certificate of occupancy shall not have
been applied for within said ninety (90) day period, or such extended
period as the Board may have specifically granted, then the special
exception or variance shall be deemed to have been waived and all
rights thereunder terminated. Such termination and waiver shall be
without prejudice to a subsequent appeal, and such subsequent appeal
shall be subject to the same regulation and requirement for hearing
as herein specified for the original appeal.
C.
Actions of
The Board of Adjustment.
(1)
In exercising
its powers, the Board may, in conformity with the provisions of the
Statutes of the State of Texas as existing or hereafter amended, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination as ought to be made and shall have all
the powers of the officer from whom the appeal is taken. The Board
shall have the power to impose reasonable conditions to be complied
with by the applicant.
(2)
The concurring
vote of seventy-five percent (75%) of the number of regular members
of the Board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the application on any matter upon which it
is required to pass under this ordinance or to affect any variance
in said ordinance.
(3)
Any person
or persons jointly or severally aggrieved by any decision of the Board,
or any taxpayer, or any officer, department, or Board of the municipality
may present to a court of record (District Court) a petition, duly
verified, setting forth that such decision is illegal, in whole or
in part, specifying the grounds of illegality. Such petition shall
be presented to the court within ten (10) days after the filing of
the decision in the office of the Board and not thereafter.
D.
Notice of
Hearing Before Board of Adjustment Required.
The Board
shall hold a public hearing on all appeals made to it, and written
notice of such public hearings shall be sent to the applicant and
all other persons who are owners of real property lying within two
hundred feet (200') of the property on which the appeal is made. Measurements
shall be taken inclusive of public streets. Such notice shall be given
no less than ten (10) days before the date set for hearing to all
such owners who have rendered their said property for city taxes as
the ownership appears on the last City tax roll. Such notice may be
served by depositing the same, properly addressed and postage paid,
in the United States Post Office. Notice shall also be given by publishing
the same in the official publication of the City at least ten (10)
days prior to the date set for hearing, which notice shall state the
time and place of such hearing.
E.
Jurisdiction
of Board of Adjustment.
When, in its judgment, the public
convenience and welfare will be substantially served, and the appropriate
use of the neighboring property will not be substantially or permanently
injured, the Board may, in specific cases, after public notice and
public hearing, and subject to appropriate conditions and safeguards,
authorize the following special variances and exceptions to the regulations
herein established, and take action, relative to the continuance and
discontinuance of a nonconforming use:
(1)
Consider
applications for conditional uses as set forth in Section 6;
(2)
To hear
and decide appeals where it is alleged there is error on any order,
requirement, decision, or determination made by the administrative
official in the enforcement of this ordinance;
(3)
Interpret
the intent of the zoning district map where uncertainty exists because
the physical features on the ground vary from those on the zoning
district map and none of the rules set forth in Section 5 apply;
(4)
Initiate,
on its motion or cause presented by interested property owners, action
to bring about the discontinuance of a nonconforming use;
(5)
Require
the discontinuance of a nonconforming use under any plan, whereby
full value of the structure can be amortized within a definite period
of time, taking into consideration the general character of the neighborhood
and the necessity for all property to conform to the regulations of
this ordinance;
(6)
Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of Section 19;
(8)
Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure, and provided that such actions conform to the provisions of Section 19;
(9)
Permit
such variance of the front yard, side yard, rear yard, lot width,
lot depth, coverage, minimum setback standards, off-street parking,
off-street loading regulations, lot area, maximum height, building
size or percent of masonry required, where the literal enforcement
of the provisions of this ordinance would result in an unnecessary
hardship, or where such variance is necessary to permit a specific
parcel of land, which differs from other parcels of land in the same
district by being of such area, shape or slope, that it cannot be
developed in a manner commensurate with the development permitted
upon other parcels of land in the same district.
(Ordinance 210406 adopted 4/6/2021)
A.
General.
The zoning regulations, restrictions, and boundaries may, from
time to time, be amended, supplemented, changed, modified or repealed.
Such amendments, supplements, changes, modification, or repeal shall
be deemed to amend, supplement, change, modify, or repeal the Comprehensive
Plan of the City and shall become a part of such comprehensive plan.
The Planning and Zoning Commission and its composition and duties
are established by the City Council.
C.
Procedure.
All requests for amendments to zoning district boundaries shall
be submitted, together with required fees, to the administrative official,
which officer shall cause notices to be sent and the petition placed
on the Planning and Zoning Commission agenda.
The City Council may not enact any proposed amendment until
the Planning and Zoning Commission makes its final report to the City
Council. The City Council may refer proposed amendments to the Planning
and Zoning Commission for recommendation. Requests for changes in
zoning districts shall include the proposed designation or designations
for the area concerned. Alternative proposals may be made at the time
of filing the original request for amendment; however, all hearings
and deliberations shall be limited to the request as submitted by
the applicant at the time of original filing.
D.
Public Hearing
and Notice.
Prior to making its report to the City Council,
the Planning and Zoning Commission shall hold at least one (1) public
hearing thereon. Written notice of all public hearings on proposed
changes in district boundaries shall be sent not less than ten (10)
days before such hearing is held to all owners of property which is
located within the area proposed to be changed, within two hundred
feet (200') of such property or within two hundred feet (200') of
any other adjacent property under the same ownership as the tract
to be rezoned. Measurements shall be taken inclusive of public streets.
Such notice may be served by using the last known address as listed
on the City tax roll and depositing the notice, postage paid, in the
United States Mail. No notice of hearings before the Planning and
Zoning Commission on proposed changes in zoning regulations need be
given except as may be required by state law.
E.
Commission
Report.
The Planning and Zoning Commission, after the
public hearing is closed, shall vote on its recommendations on the
proposed change to be sent in a report to the City Council. Such report
may recommend for or against such proposed change and may but need
not include reasons for such decision. The Commission may defer its
report for not more than sixty (60) days until it has had opportunity
to consider other proposed changes that may have a direct bearing
thereon. If the Commission fails to finally report after sixty (60)
days, it would be deemed to have recommended negatively to the proposal.
F.
Forwarding
Final Report.
Every proposal, receiving a final report
by the Commission, shall be forwarded to the Council for setting and
holding of public hearing thereon. No change, however, shall become
effective until after the adoption of an ordinance for same and its
publication as required by law.
G.
Withdrawal.
Any proposal or application may be withdrawn by the proponent
after the Commission makes its final report, and such proposal or
application shall not be subject to the provision hereof that a period
of time must pass before a new application is considered. If such
proposal is withdrawn, the Council will not consider it. Any proposal
or application withdrawn may be resubmitted and shall be subject to
all fees and notice requirements as an original application.
H.
Council Hearing
and Notice.
The City may, from time to time, amend, supplement,
or change by ordinance the boundaries of the districts or the regulations
herein established. A public hearing on such amendment, supplement,
or change shall be held by the Council. Notice of Council hearing
shall be given by publication one (1) time in the official newspaper
of the City, stating the time and place of such hearing, which time
shall not be earlier than fifteen (15) days from the date of publication.
No such amendment, supplement, or change shall be considered unless
and until the Commission makes its final report thereon. Publication
of such change shall be accomplished by publishing the descriptive
caption and penalty clause of the ordinance amending the comprehensive
plan to incorporate the change.
I.
Application
Not to Be Considered for Another Six Months After Denial of Request
for Rezoning.
No application for rezoning shall be considered
within six (6) months of denial of a request by the City Council for
the same classification on the same property.
J.
Protest Against
Change.
In case of a protest against such change, signed
by the owners of twenty percent (20%) or more either of the land included
in such proposed change, or of the land within two hundred feet (200')
thereof, including any intervening public street, such amendment shall
not become effective except by the favorable vote of three-fourths
(3/4) of all the members of the City Council.
K.
Council Action
on Application.
The proponent of any zone change shall
satisfy the City Council that either the general welfare of the City
affected by the area to be changed will be enhanced, or that the property
is unusable for the purposes allowed under existing zoning. If such
is proved to the Council’s satisfaction, it may grant the requested
zone change; or it may change the zone’s designation of a portion
of such property; or it may initiate a request to consider changing
all or a portion of such property to a district other than that requested
and of a different character.
L.
Site Plan
and Supporting Documents Required; Petition for Zoning District Change
or Conditional Use.
When in the opinion of the Planning
and Zoning Commission, City Council, or Zoning Board of Adjustment
that greater information is required from the petitioner concerning
the nature, extent, and impact of his request than supplied with his
application for a change in zoning or conditional use permit, in order
for such Commission, Council, or Board to properly review and evaluate
all relevant factors thereof, said Commission, Council, or Board may
require the applicant to submit a site plan and supporting documents
conforming with all or a portion of the requirements set forth in
this subsection, prior to rendering a decision thereon. The petitioner
is encouraged to meet with the appropriate Commission, Council, or
Board in an informal work session to ascertain the exact extent of
plans and documents required, if any, prior to the City initiating
the advertisement for public hearing on the petition.
The general type and extent of plans and supporting documents
that may be required of the petitioner include, but are not necessarily
limited to:
(1)
Site
Plan.
Meeting all of the requirements of a “preliminary
plat”, as described in the City’s subdivision regulations,
except that 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’s
petition. Additional site plan drawing information which the reviewing
body may require include:
(a)
Existing
and proposed zoning district;
(b)
General
outline of extensive tree cover areas;
(c)
Drainage
ways and 100-year flood plain limits;
(d)
Proposed
treatment for screening the perimeter of the land embraced by the
petition, including screening of internal separations of land use
where required;
(e)
Proposed
internal, nonvehicular circulation linkages, such as, pedestrian paths
and hike trails, bide trails, and equestrian bridle paths, where applicable,
including their interrelationships with vehicular circulation systems
and proposed handling of points of conflict;
(f)
A
tabular summary schedule indicating:
(i)
The gross acreage and percent of each type of zoning category proposed;
(ii)
The gross acreage and percent of each type of land use proposed,
with streets and open space categories listed separately, and residential
uses further stratified as to type, i.e., single-family, two-family,
multi-family townhouse, etc., including the total gross project acreage;
(iii)
The gross residential density of each type of residential land use
proposed, expressed in dwelling units per acre; and based on net residential
land use plus one-half (1/2) of any abutting street;
(iv)
The quantitative number of dwelling units proposed for each residential
dwelling type (i.e., single-family, two-family, etc.);
(v)
Proposed maximum lot coverage by building types (i.e., 1/F, 2/F,
M/F, commercial, office, industrial, etc.) expressed in terms of percent
or floor area ratio of the lot or site.
(2)
Architectural
Drawings.
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.
(3)
Written
Documents.
In narrative form on 8-1/2" X 11" sheets,
including:
(a)
Statement(s)
on planning objectives to be achieved in use/development proposal,
including a narrative description of the character of the proposed
development and rationale behind the assumptions and choices made
by the applicant, including use and ownership of open spaces, etc;
(b)
Legal
description of the total site area proposed for rezoning, development,
or conditional use permit;
(c)
A
development schedule indicating the approximate dates(s) when construction
of the proposed development, and subsequent stages or phases thereof,
if any, can be expected to begin and be completed, to the best of
the applicant’s knowledge and belief;
(d)
A
statement as to the present and proposed ownership of the site or
parcels thereof embraced by the application;
(e)
Economic
feasibility and/or market analysis studies, when deemed necessary
by the reviewing body to adequately assess the necessity for zoning
certain parcels to the sizes indicated by the applicant, or to evaluate
the need for granting a conditional use permit;
(f)
Environmental
assessment statement, prepared pursuant to the National Environmental
Policy Act of 1969, and any subsequent amendments thereto, when deemed
necessary by the reviewing body to properly assess the impact of the
proposed development/land use on the existing environment;
(g)
Statement(s)
as to how and when the applicant proposes to provide water and sewer
to the development; and
(h)
Signature,
title, and date of the applicant, at the conclusion of the written
documents certifying the information presented in the plans and supporting
documents reflecting a reasonably accurate portrayal of the general
nature and character of the proposals.
(Ordinance 210406 adopted 4/6/2021)
All ordinances or parts of ordinances not consistent, or conflicting
with, the provisions of this ordinance are hereby repealed; provided
that such repeal shall be only to the extent of such inconsistency,
and in all other respects, this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered in
this ordinance. Any cause of action accruing prior to the passage
of this ordinance shall continue as if this ordinance was not passed
or any other ordinance had not been repealed. That it is hereby declared
that the sections, articles, subsections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any phrase, clause,
sentence, paragraph, subsection, article, or section of this ordinance
shall be declared void, ineffective, or unconstitutional by a valid
judgment or final decree of a court of competent jurisdiction, such
voidness, ineffectiveness, or unconstitutionality shall not effect
any of the remaining phrases, clauses, sentences, paragraphs, subsections,
articles, or sections of this ordinance since the same would have
been enacted by the City Council without the incorporation herein
of any such void, ineffective, or unconstitutional phrase, clause,
sentence, paragraph, subsection, article, or section.
The City Secretary of the City is hereby directed to engross
and enroll this ordinance by copying the caption, penalty clause (if
any), publication clause and effective date clause in the minutes
of the City Council and filing the ordinance in the ordinance records
of the City.
(Ordinance 210406 adopted 4/6/2021)
The City Secretary is hereby directed to post or publish in
the official newspaper of the City, the caption, penalty clause (if
any), publication clause and effective date clause of this ordinance
in one issue of the official newspaper of the City, provided that
the official newspaper is a weekly paper, as authorized by Section
52.011 of the Texas Local Government Code.
(Ordinance 210406 adopted 4/6/2021)
