This article is adopted for the purpose of promoting the general
welfare, health, and safety for the protection and preservation of
the property values and unique character of the town as a semirural
community.
(1998 Code, sec. 154.001)
(a)
Amendments made by ordinance.
The town council may by
ordinance amend, supplement, or change the boundaries of the use districts;
the use designation of any property; or the regulations, standards
or requirements of this article. Any such proposed change shall be
first submitted to the planning and zoning commission for public hearing
and its recommendation and report.
(b)
Petitions for amendments.
Any person, corporation, or
group of persons having a proprietary interest in any property, may
petition the town council for a zoning change or amendment to the
provisions of this article. The planning and zoning commission may,
on its own motion, institute proposals for changes and amendments.
All petitions for a zoning change shall bear the signature of the
owners of the property that is the subject of the request.
(c)
Public hearings.
The zoning process is conducted as
a public hearing that should be opened and closed. Within the public
hearing there is public input portion of the hearing which should
be opened and closed.
(1)
Public hearing before the planning and zoning commission.
(A)
After public notice has been given pursuant to subsection (d) of this section, a public hearing shall be held by the planning and zoning commission on any proposed change in zoning classification as well as any proposed amendment to the zoning regulations of any zoning district.
(B)
The planning and zoning commission shall first make a preliminary
report and then hold its public hearings on that report before submitting
a final report to the town council.
(C)
When the zoning change request is by petition, the preliminary report
shall be the request as stated in the notice of public hearing. When
the planning and zoning commission makes a study and initiates a change
or amendment on its own motion, or at the request of the town council,
the preliminary report shall be that stated in the notice of public
hearing.
(D)
Upon completion of the public hearing, the planning and zoning commission
shall submit its final report and recommendation to the town council.
(E)
When all public input has been received, the public input portion
of the hearing shall be closed. Thereafter, the commission shall consider
the matter and make its recommendation to the town council in the
form of a final report. After the public input portion of the public
hearing has been closed, the public may not thereafter be recognized
for the purpose of adding additional argument or input; however, the
commission may ask questions of any person and receive additional
information in response to questions. After public input has been
closed and the commission has no further questions, a motion should
be made to close the public hearing. Thereafter, the commission may
deliberate and vote on its final report to the town council, which
shall be in the form of a recommendation.
(2)
Public hearing before the town council.
(A)
The town council, except in the case of a joint public hearing, may
not hold its public hearing until it receives a final report from
the planning and zoning commission and even in the case of a joint
public hearing may not take action on the matter until it receives
the final report of the planning and zoning commission.
(B)
After proper notice by publication pursuant to subsection (d) of this section, the council opens the public hearing and usually calls upon staff to summarize the proposed zoning change or amendment. This is usually followed by the applicant’s presentation. The council then opens the public input portion of the public hearing. When all public input has been received, the public input portion of the public hearing shall be closed. After the public input portion of the public hearing has been closed, the public may not thereafter be recognized for the purpose of adding additional argument or input; however, the council may ask questions of any person and receive additional information in response to questions. When the council has no further questions, a motion should be made to close the public hearing. Thereafter, the council may deliberate and take appropriate action.
(C)
The town council, after public hearing and receipt of the recommendation of the planning and zoning commission, may approve a zoning amendment. Any zoning change shall be by adoption of an ordinance. A simple majority of those present will suffice to approve such an ordinance, except as required by subsection (e) of this section.
(3)
The joint public hearing.
(A)
The planning and zoning commission is hereby authorized to hold joint
public hearings. If a joint public hearing is called, the planning
and zoning commission and the town council shall hear all matters
jointly. When all public input has been received, the public input
portion of the hearing shall be closed. Thereafter, the commission
shall consider the matter and make its recommendation to the town
council in the form of a final report. After receiving the final report,
the town council shall consider the matter and take any appropriate
action. Although the public input portion of the hearing is closed,
the public hearing continues until closed by the town council. The
town council may not continue with the public hearing or take action
on the matter until it receives the final report of the planning and
zoning commission.
(B)
If the commission makes its report/recommendation at the same meeting,
the council may then proceed, keeping in mind that the public input
portion of the hearing has been closed. If either the commission or
the council fails to conclude the matter at the first meeting, the
public hearing portion of the meeting shall be recessed and continued
to a certain date and time that shall be announced to all those attending
the meeting.
(d)
Notice of public hearings.
(1)
Notice of public hearing before the planning and zoning commission.
Before the tenth day before the hearing date, written notice
of each public hearing before the zoning commission on a proposed
change in a zoning classification shall be sent to each owner, as
indicated by the most recently approved municipal tax roll, of real
property within 500 feet of the property on which the change in classification
is proposed. The notice may be served by its deposit, properly addressed
with postage paid, in the United States mail. If the property within
200 feet of the property on which the change is proposed is located
in the territory annexed to the municipality and is not included on
the most recently approved municipal tax toll, the notice shall be
given by publication published in the official newspaper at least
15 days before the date of the hearing.
(2)
Notice of public hearing before the town council.
Notice
of the public hearing to be held by the town council, before adopting
any proposed amendment, supplement or change, shall be published once
in the official newspaper of the town at least 15 days before the
date of the hearing.
(3)
Notice of public hearing for joint public hearing.
Where
the public hearing is to be a joint public hearing before the planning
and zoning commission and the town council, the joint notice shall
be mailed in time to give each owner, as indicated by the most recently
approved municipal tax roll, of real property within 500 feet of the
property on which the change in classification is proposed, ten days’
notice, and the joint notice shall be published at least 15 days before
the date of the hearing in the official newspaper of the town.
(e)
Three-fourths vote of town council (when required).
If such proposed amendment, supplement, or change has been denied
by the planning and zoning commission, or if a written protest against
such proposed amendment, supplement or change has been filed with
the town secretary, duly signed and acknowledged by the owners of
20% or more, either of the area of the lots or land included in such
proposed change, or those immediately adjacent to and extending 200
feet therefrom, such amendment shall not become effective except by
a three-fourths vote of all the members of the town council of the
town, to wit:
(f)
Zoning change request sign required.
(1)
No less than ten days prior to the first public hearing as required
by law, a sign shall be erected by the town on the property which
is the subject of the zoning change request. Such sign shall be a
minimum of six square feet in area and shall be within 30 feet of
the closest, adjacent, most heavily traveled public street. This sign
shall state in bold letters of at least three inches in height that
a zoning change request has been made and directing interested persons
to contact the town for additional information. The quality, design,
and structure of the sign must be approved by the planning director.
(2)
Only one notification sign is required for tracts of five acres or
less. An additional notification sign may be required for each additional
five acres or less at the discretion of the town, except that no more
than five notification signs are required regardless of the size of
the property.
(3)
No permit is required for a zoning request sign, but such sign or signs must abide by all rules governing signage as outlined in article 3.13.
(4)
If the commission or council determines that the applicant has failed
to comply with the provisions of this section, it shall take no action
on the zoning change application other than to postpone the public
hearing or deny the applicant’s request, with or without prejudice.
(g)
Zoning change requests, resubmittal after denial.
All
zoning change requests denied without prejudice by the town council
may be resubmitted so long as the request has been substantially changed
or incorporates the suggestions of the planning and zoning commission
or the town council. All zoning change requests denied with prejudice
by the town council may not be resubmitted to the planning and zoning
commission for a period of one year from the date that the town council
denied the request with prejudice.
(1998 Code, sec. 154.002)
(a)
Any person, firm or corporation requesting a change of zoning from
one district classification to another district classification shall
make an application in writing to the planning and zoning commission,
and shall submit the following information with such request:
(1)
A clearly typed legal description of the land on which a zoning change
is requested, together with the local street address, if any.
(2)
Name and address of the owner or owners of the property, the name
and address of the person making the application. If the application
is made by anyone other than the owner or owners, the application
must contain a statement that the applicant is authorized to act for
the owner pursuant to an attached statement in writing signed by the
owner or owners of the property authorizing the applicant to make
such application on their behalf.
(3)
The specific district use requested and the specific district use
under which the property is regulated at the time of making the application.
(4)
A scale drawing showing the property and any proposed public or private
streets and alleys; building sites or building lots; any areas proposed
for dedication or reserved as parks, parkways, playgrounds, utility
and garbage easements, school sites, street widening, street changes;
the points of ingress and egress from existing public streets; an
accurate survey of the boundary of tract and topography with a contour
interval of not less than five feet, or spot grades where the relief
is limited.
(5)
Where multiple types of land use are proposed, a land use plan delineating
the specific areas to be devoted to various uses shall be required.
(6)
Where building complexes are proposed, a site plan showing the location
of each building and the minimum distance between buildings, and between
buildings and the property line, street line and/or alley line shall
be submitted. For buildings more than one story in height, except
single-family and two-family residences, elevations and/or perspective
drawings may be required in order that the relationship of the buildings
to adjacent property, open spaces and to other features of the development
plan may be determined. Such drawings need only indicate the height,
number of floors and exposures for access, light and air.
(7)
A plan indicating the arrangement and provision of off-street parking
and off-street loading where required. Such a plan may be presented
as a ratio of off-street parking and off-street loading area to building
area when accompanied by a typical example indicating the feasibility
of the arrangement proposed and when the areas where the example would
be applied are shown on the drawing of the entire site. Any special
traffic regulation facilities proposed or required to assure the safe
function of the circulation plan shall also be shown.
(8)
A designation of the maximum building coverage of the site shall
be indicated upon the site plan.
(9)
Screening and landscaping plan shall be required and such plan shall
include screening walls, ornamental planting, playgrounds, wooded
areas to be retained, lawns and gardens if such are determined as
necessary by the town council.
(10)
Any other information concerning the property as may be required
by the planning and zoning commission or the town council.
(b)
Upon the filing of an application for a change in zoning with the
planning and zoning commission, the applicant shall pay to the town
the basic filing fee established by the town council in an amount
to cover all of the town’s costs including the cost of publication
and mailing of notices and any outside engineering costs. An additional
filing fee may be required if the applicant requests or causes a hearing
to be rescheduled thereby causing additional costs for publication
or otherwise.
(1998 Code, sec. 154.003)
All territory hereafter annexed into the town shall be zoned,
and said zoning classification shall be instituted simultaneously
with the town council’s approval of the annexation of said territory.
Immediately upon said annexation, all properties that are between
1.0 and 1.99 acres in size shall be zoned RE-1; all properties that
are between 2.0 and 2.99 acres in size shall be zoned RE-2; and all
properties that are 3.0 acres in size and larger shall be zoned RE-3.
The procedure of establishing zoning on annexed territory shall conform
to the procedure for zoning in accordance with the statues of the
state and the ordinances of the town. Said zoning shall be consistent
with the Town of Fairview Comprehensive Plan.
(Ordinance 2008-7-8A adopted 7/8/08)
(a)
The boundaries of the zoning districts set out herein are delineated
upon the zoning district map of the town; said map being hereby adopted
as a part of this article as fully as if the same were set forth herein
in detail.
(b)
Two original and identical copies of the zoning district map are
hereby adopted bearing the signature of the mayor and attestation
of the town secretary.
(c)
One such copy shall be titled “Town of Fairview, Texas Zoning
District Map As Adopted Ordinance No. 95-265 on the 12th day of September,
1995.” This copy shall be retained as the original map and shall
not be changed in any manner.
(d)
The second such copy shall be titled “Town of Fairview, Texas
Zoning District Map As Adopted Ordinance No. 95-265 on the 12th day
of September, 1995, With Zoning District Amendments.” This copy
shall be kept up-to-date posting thereon all changes and subsequent
amendments as individual zoning requests or changes are approved.
Each change should be marked with the zoning district classification,
amending ordinance number, and date.
(e)
The boundaries of zones should follow as close as practical the boundary
lines of platted subdivisions, present land boundaries, and centerlines
of roadways and streams. The boundaries of zones shall move with the
roads or streams if movement is brought about by nature of usage.
(1998 Code, sec. 154.005)
(a)
The use of any land, structure or building, lawfully existing on
the date of the adoption of this article that does not conform to
the regulations prescribed in the zoning district in which such use
or structure is located shall be considered a nonconforming use. A
nonconforming use may be continued except as herein provided.
(b)
No nonconforming use or structure may be expanded or increased beyond
the lot or tract upon which such nonconforming use is located as of
the effective date of this article except to provide off-street loading
or off-street parking space upon approval of the board of adjustment.
(c)
Repairs and normal maintenance may be made to a nonconforming building,
provided that no structural alterations or extensions shall be made
except those required by law or ordinance, unless the building is
changed to a conforming structure.
(d)
Any nonconforming use may be changed to a conforming use and once
such change is made, the use shall not thereafter be changed back
to a nonconforming use.
(e)
Where a conforming use is located in a nonconforming structure, the
use may be changed to another conforming use by securing a certificate
of occupancy from the building official.
(f)
When a nonconforming use involving a permanent type structure is
discontinued for a period of one year, or the structure vacated for
a period of one year, the nonconforming use shall be deemed abandoned
and such facts shall be construed as conclusive proof of intent to
abandon the nonconforming use. When a nonconforming use, not involving
a permanent type structure, is discontinued for a period of six months,
or the structure vacated or moved from the premises for a period of
six months, the nonconforming use shall be deemed abandoned and such
facts shall be construed as conclusive proof of intent to abandon
the nonconforming use.
(g)
If a nonconforming structure or a structure occupied by a nonconforming
use is destroyed by fire, the elements or other cause, it may not
be rebuilt except to conform to the provisions of this article. In
the case of partial reconstruction of a nonconforming use, not exceeding
50% of its replacement value, reconstruction may be permitted after
a building permit has been granted.
(h)
The board of adjustment is authorized to provide a termination date
for a nonconforming use under a plan whereby the owner’s actual
investment in the structure(s) prior to the time that the use became
nonconforming can be amortized within a definite time period. The
following factors must be considered by the board in determining a
reasonable amortization period:
(1)
The owner’s capital investment in the structures on the property
at the time the use became nonconforming.
(2)
The amount of the investment realized to date and the amount remaining,
if any, to be recovered during the amortization.
(3)
The life expectancy of the investment.
(4)
The existence or nonexistence of lease obligations, as well as any
contingency clauses therein permitting termination of such leases.
(5)
Removal costs that are directly attributable to the establishment
of a termination date.
(6)
Other costs and expenses that are directly attributable to the establishment
of a termination date.
(1998 Code, sec. 154.006; Ordinance 2010-3-1B adopted 3/1/11)
The collecting, dismantling or wrecking of one or more motor
vehicles, trailers, boats, or any other vehicle of labor or conveyance,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked motor vehicles or equipment of labor shall be
defined as machinery wrecking. Machinery wrecking is not permitted
in any zones. All automobiles stored open to public view must have
a current state motor vehicle registration plate attached.
(1998 Code, sec. 154.007)
(a)
Any use in any zone of the town which is noxious, offensive or which
creates a hazard to the health, safety or welfare of the citizens
of said town, by reason of emission of odors, soot, dust, noise, fumes
of any nature, or vibrations, is hereby prohibited.
(b)
Any use in the extraterritorial jurisdiction of the town which is
noxious, offensive or which creates a hazard to the health and safety
of the citizens of said town by reason of emission of odors, soot,
dust, noise, fumes of any nature, or vibrations, is hereby prohibited.
(1998 Code, sec. 154.008)
(a)
All swimming pools, whether public, semipublic or private, must have
protective fences at least four feet in height with a self-closing
and self-latching gate under all ranges of motion to prevent children
and animals from freely entering the pool. No openings of greater
than four inches in width in the fence are allowed.
(b)
At all times when use of the swimming pool is allowed, the entire
bottom of the pool must be clearly visible.
(c)
At all times during the construction of a swimming pool within the
town, the construction site shall be enclosed with a good and sufficient
temporary fence, approved by the building official, so as to prevent
access to the area of excavation by small children, except that from
time to time portions of the fence may be opened for the movement
of equipment so long as adequate supervision is provided during all
times that any portion of the fence is open.
(d)
Private swimming pools shall be a non-accessory use, and shall not
be included toward the maximum allowable square footage of accessory
buildings.
(1998 Code, sec. 154.009; Ordinance 2008-10-14Q adopted 10/14/08; Ordinance 2009-3-3C, sec. 2,
adopted 3/3/09)
(a)
Churches and schools, including schools that are public, private
or denominational, can locate in any zone except a flood hazard zone
upon an application for a conditional use permit. A fraternal lodge
can locate in any nonresidential zone except a flood hazard zone.
(b)
The church sanctuary, auditorium, school or fraternal lodge shall
be located on a minimum two-acre tract. Rectories, educational buildings,
other related buildings of the church, and all school buildings shall
not be considered part of the sanctuary or auditorium. These additional
buildings must be constructed on a tract or a portion of said tract
in excess of the minimum two-acre requirement set out above and only
upon approval of a site plan.
(c)
All buildings constructed, including a fraternal lodge, a church containing the sanctuary and/or auditorium or a school which shall be used for religious or educational purposes, shall be set back a minimum distance of 35 feet from the front and/or, if applicable, side easement lines (setbacks from side easement lines apply to corner lots). Said buildings and structures shall be set back a minimum distance of 35 feet from the rear lot easement line. If parking areas are designated on said tract wherein the church or its associated building shall be located, there shall be a front yard having a minimum depth of not less than 35 feet not including parking spaces. The entrance and exit to the parking area are to be at right angle to any street or thoroughfare. Parking shall be provided off-street in accordance with the provisions set forth in section 14.02.015(b). All off-street parking shall be paved and be a minimum size of eight feet wide and 20 feet deep.
(d)
At least one heat and one smoke detector shall be installed in each
building constructed on the tract used for church or for fraternal
lodge purposes. The type and specifications for the heat and smoke
detectors shall be approved by the town fire marshal and must be installed
according to the most current Uniform Fire Code.
(e)
The permanent parking or placing of mobile homes, trailer houses,
campers or other related temporary buildings is strictly prohibited.
Permanent parking for this section is defined to be any time in excess
of 72 hours. This section shall apply to schools and churches only.
(1998 Code, sec. 154.010)
(a)
Maximum accessory building height in all zones will be limited to
thirty (30) feet. Accessory buildings may not exceed thirty (30) feet
in total height or a maximum wall height of fourteen (14) feet, measured
from the finished first floor. Accessory buildings must provide for
a minimum roof pitch of 4:12, except when the roof pitch of the primary
structure is less than 4:12. In such instances, the roof pitch of
the accessory building shall match the roof pitch of the primary structure.
Flat roofs shall only be permitted on patio structures and other structures
that maintain open facades. Accessory buildings and outbuildings in
all zones except MH zones must be set back ten feet as a minimum from
any property line. The setback in the MH zone shall be three feet.
Additionally, more restrictive requirements based on building size
and/or use apply as follows:
|
Setback Restrictions
|
Accessory Building Category
|
|---|---|
|
Fifteen (15) feet from any line
|
Any building more than 120 sq. ft. in area but less than 480
sq. ft. in area
|
|
Thirty (30) feet from any line
|
Any building more than 480 sq. ft. in area but less than 900
sq. ft. in area
|
|
Forty (40) feet from any line
|
Any private stable, paddock, corral or dog run
|
|
Fifty (50) feet from any line
|
Any barn or outbuilding in the FH zone
|
|
Fifty (50) feet from any other building on same property
|
Any barn or outbuilding in the FH zone
|
|
One hundred (100) feet from any property line
|
Any barn or outbuilding in any FH zone which abuts an RE-1,
RE-2, GB, or PC zone
|
|
One hundred (100) feet from a recognized stream
|
Any barn or outbuilding in the FH zone
|
(b)
A permit application is required for all placement and construction
for all accessory buildings and outbuildings.
(c)
General requirements for accessory buildings.
(1)
The maximum number of accessory buildings allowed per lot shall be
two (2) buildings. In addition, the combined square footage of all
accessory buildings shall not exceed the maximum square footage allowed
per specified zoning district unless approved through a conditional
use permit (C.U.P) (discussed below). For example, a resident would
like to build two accessory buildings on his/her RE-1 zoned property
(900 sq. ft. allowed). The resident would be allowed to build two
450 sq. ft accessory buildings, or one 300 sq. ft. building and one
600 sq. ft. building, etc.
|
Maximum Combined Square Footage of All Accessory Buildings
| ||||
|---|---|---|---|---|
|
Residential Zone
|
RE-1
|
RE-1.5
|
RE-2
|
RE-3
|
|
Total Sq. Ft.
|
900 sq. ft*
|
1,200 sq. ft*
|
1,800 sq. ft*
|
2,100 sq. ft*
|
|
C.U.P.
|
Requires approval in all zoning districts beyond each districts
max. sq. footage
| |||
|
*Maximum square footage refers to footprint of the pad site
of the accessory building.
|
(2)
An application to exceed the total square footage shown in the above table may be approved as a C.U.P. Any request for a building permit for an accessory building which does not meet the criteria in these sections shall only be authorized by approval of a C.U.P by the planning and zoning commission with final approval by town council using the procedures contained in section 14.02.511 Conditional Use Permit District (C.U.P.) in this code.
(3)
Through approval of a C.U.P, a property owner can request an increase
in the number of allowable accessory buildings based on the property
owned, not on a minimum size of a zoning lot. For example, if a property
owner in the RE-1 zone has a lot size that is one acre in size, he/she
will be required to have a maximum 900 sq. foot accessory building
(unless larger is approved through a C.U.P.). In addition, if this
same owner has a lot or adjacent property ownership that is more than
one acre in size, he/she can request more than two accessory buildings,
through the C.U.P. process.
(4)
The requirements for accessory buildings based on size of property
owned shall also apply to the residential uses approved within the
planned development (PD) and planned center (PC) zoning districts.
(5)
Accessory uses shall include Future Farmers of America (FFA) animal
programs based on the number of current animals allowed per zoning
district. FFA animals beyond this number may be approved through a
C.U.P.
(6)
No accessory building(s) shall be constructed upon a lot until the
construction of the primary use/main building has been actually commenced,
and no accessory building shall be used unless the main building on
the lot is occupied by its residents.
(7)
Tennis courts as [are] a nonaccessory use and private green houses
[are added] as a permitted accessory use through an approval of a
conditional use permit (CUP), except, however, greenhouses shall remain
as an allowed principal accessory use in the agricultural zone (AG).
(8)
Private detached three car garages shall have a maximum square footage
of 900 square feet and shall not be counted toward the allowable maximum
accessory building square footage provided that it is the primary
garage.
(e)
Accessory building setback requirements.
(1)
There shall be no physical connection between accessory buildings
and the required minimum separation between the primary structures
depending upon the zoning district.
(2)
An accessory building shall comply with the required setback line
established for each residential zoning district, and the accessory
building shall be located totally behind the rear of the principal
building. No accessory building shall be erected in any front yard.
|
Required Accessory Building Minimum Setbacks per Zoning District
from Any Property Line and Primary Structure
| ||||
|---|---|---|---|---|
|
Residential Zone
|
RE-1
|
RE-1.5
|
RE-2
|
RE-3
|
|
Setback
|
30 feet
|
35 feet
|
40 feet
|
40 feet
|
(f)
Exterior walls of accessory buildings.
Accessory buildings
or structures, regardless of approved size, built of metal, wood,
vinyl siding or equivalent material shall meet the following design
standards:
(1)
The building or structure shall be sealed or painted with a color
or colors compatible with the surrounding area. Some color recommendations
are white, beige, natural shades of greens and browns, and reds for
barns, stables, corrals;
(2)
All metal accessory buildings shall be painted with a factory applied
non-metallic matte-finish;
(3)
The property owner may use masonry material (e.g., brick or stone
material), but is not required to paint these materials if so selected;
(4)
If selected by the property owner, accessory buildings or structures
using a masonry exterior material shall match or be similar to the
masonry material of the principal structure on the lot;
(5)
Wood material for accessory buildings shall be permitted, and shall
be sealed or painted.
(1998 Code, sec. 154.011; Ordinance 2008-4-1F adopted 4/1/08; Ordinance 2009-3-3C, sec. 3, adopted 3/3/09; Ordinance 2009-3-3C, sec. 5, adopted 3/3/09; Ordinance 2013-6-4E, sec. 1, adopted 6/4/13; Ordinance 2013-6-4E, sec. 2,
adopted 6/4/13)
(a)
Height restrictions.
The maximum height of any fence
or wall on a residential property or in any residential zoning district
shall be as follows:
|
Side or back yard
|
Six feet
|
|
Front yard
|
Four feet
|
|
Screening walls
|
Eight feet
|
|
Walls for soil stabilization only
|
Discretion of the chief building official
|
(b)
Design and materials.
(1)
Except where screening walls and fences, soil stabilization walls,
designed subdivision entryways, and live plant screens are otherwise
allowed in this section, all fences and walls shall be of an “open”
design that allows vision through the fence. The front surface area
of the materials used in constructing a fence or wall may not exceed
50% of the total area of the front plane of the fence.
(2)
Fences may be constructed of common fencing materials such as vinyl,
wood, wire, iron, metal, stone, brick, and block. However, chain-link
fences are not allowed for general fencing use along residential property
or lots lines.
(3)
Chain-link fencing may only be used in the interior of a property,
and only for dog runs, animal pens, and gardens.
(4)
Any chain-link fencing of 50 feet or greater in length must be obscured from view in accordance with subsection (d) of this section.
(5)
Solid wood, privacy-type fences that do not allow vision through
the fence are prohibited except where otherwise authorized by this
section, or within the CPDD zoning district.
(c)
Maintenance.
All fences and walls must be maintained
in good repair and appearance so as not to become a nuisance or hazard.
(d)
Screening walls.
(1)
Screening walls and fences are defined as those that significantly
obscure or totally block line-of-sight vision.
(2)
Screening walls and fences of unlimited length may be constructed along a common property boundary between a residence in a residential zone and a nonresidential use in a commercial or other nonresidential zoning district, or between residential lots if specifically allowed by an enacting ordinance creating a PD or PC zone. Screening walls and fences may also be constructed on the interior of a residential property to shield the view of pool equipment and other necessary equipment and storage from adjoining properties or from any public property or easement. Said internal fences and walls shall not be of a larger perimeter or height than minimally necessary to accomplish the actual screening. Fences and walls less than eight feet in length shall not be required to be obscured from view as described in subsection (d)(3).
(3)
Screening walls and fences must be landscaped with evergreen plantings
along its outside so that the entire length of the surface of the
wall or fence is at least 50% obscured to view from adjoining properties
or from any public property.
(4)
Construction of any self-supporting wall built of wood, stone, or
masonry that is used for landscaping or soil stabilization purposes,
and is built at a height of four feet or greater, including any unseen
or underground portion (footing), must be approved in writing by the
public works director or his or her designee, and stamped by a registered
professional engineer.
(5)
Living plant screens are plants or trees either specifically located
in a designated landscape setting or allowed to grow naturally in
a manner that creates a visual barrier obscuring or totally blocking
line of sight.
(6)
Living plant screens may generally be used as desired if they do
not create a safety hazard or public nuisance, and if they do not
contain openings constituting more than 25% of the total surface once
the screen reaches maturity, or after two years from installation,
whichever shall occur first.
(e)
Designed subdivision and residential parcel entryways.
(1)
Designed subdivision entryways.
Fences, walls and living
plant screens used at the entryways to subdivisions are not specifically
governed by the requirements of this section. Instead, those walls,
fences, and living plant screens designed as a part of a landscaping
plan at a subdivision entryway or in and along its boundaries, parks,
and/or common areas are subject to the overall subdivision plan and
plat approval process by the planning and zoning commission and the
town council.
(2)
Certain designed residential parcel entryway features.
This subsection (e)(2) applies solely to designed residential parcel entryway features located on residential parcels that are not included as of a subdivision and are under a common ownership of five acres or larger.
(A)
Except as expressly set forth in subsection (e)(2), fences, walls and other features at designed residential parcel entryways are limited to a maximum of ten feet in height, may be of solid or open design, may not exceed 40 feet in linear length outward from either side of the entryway, and must be constructed of materials required in subsection (b)(2). Additional height or length or other design materials and features may be approved by a conditional use permit (a conditional use permit may not be granted to reduce the minimum five-acre size of the parcel).
(B)
Solid fences or walls over four feet in height, including any underground
portion (footing), must be approved by the public works director or
his or her designee and must be stamped by a registered engineer.
(f)
Safety restrictions.
(1)
No fence, wall, screen, or other visual barrier shall be located
or placed in such a manner as to obstruct the vision of a motor vehicle
or bicycle operator, and/or create a safety hazard for either traffic
or pedestrians.
(2)
No fence, wall, screen, or other visual barrier shall be located
or placed in such a manner as to prevent access to or use of a fire
hydrant or water utility meter.
(3)
No fence, wall, screen, or other visual barrier shall be located
or placed on a town right-of-way or road easement, or within ten feet
of the pavement edge of any public street or roadway.
(4)
No fence, wall, screen, or other visual barrier shall be located
or placed in a drainage easement in such a manner as to restrict the
proper function of a drainage facility.
(g)
Permitting.
(1)
It shall be unlawful to install or construct any fence or wall, or
to repair or replace more than 40% of any existing fence or wall in
a single calendar year, without first obtaining a permit from the
chief building official of the town or his or her designee. If more
than 40% but less than 60% of a fence or wall should be repaired or
replaced in a single calendar year, the fence must be replaced with
like materials. If 60% or more of a fence or wall should be replaced
in a single calendar year, the entire fence or wall must be replaced.
(2)
The required fee shall be paid prior to the issuance of a permit,
said fee amount to be contained on the town’s master fee schedule.
(3)
The chief building official may refuse to issue a fence or wall permit
to any person previously convicted or cited for violation of any provision
of this section.
(4)
A plot plan shall be submitted with a permit application showing
the lot dimensions, structures, improvements, and location of the
proposed fence or wall.
(5)
Upon completion of a fence or wall, structures must be inspected
and approved by the chief building official or his or her designee.
(1998 Code, sec. 154.012; Ordinance 2008-2-5G adopted 2/5/08; Ordinance 2021-04 adopted 2/2/21)
(a)
Purpose and intent.
The purpose of this section is to
provide minimum requirements for landscaping and landscape maintenance
in newly developed and redeveloped properties. The intent of these
requirements is to accomplish the following:
(1)
Provide for site design where landscaping is well-integrated into
both public and private properties serving to harmonize the appearance
of streetscape, parking areas, buildings, and open space.
(2)
Provide for shade in order to reduce the ambient air temperature
and to provide a more inviting environment for pedestrians and outdoor
recreation in the summer months.
(3)
Provide buffering between adjacent properties and from adjacent roadways,
particularly in scenarios where low-density residential development
is adjacent to nonresidential development, or where any development
or open space is adjacent to a thoroughfare or heavily trafficked
perimeter street.
(4)
Provide for landscaping that is drought-tolerant and native to the
region, in order to reduce the water demand of new development.
(5)
Provide for erosion protection in built areas and encourage best
management practices for the use of stormwater in landscape irrigation.
(b)
Applicability.
(2)
Section 3.15.075(a), providing an exemption for “homestead property,” is not applicable to landscaping required by this section. Landscaping required by this section shall be considered protected trees and shall be subject to the tree replacement requirements of article 3.15 regardless of the homestead property exemption. Exemptions may be granted by the town engineer for dead or diseased trees, trees negatively impacting structures, public or private utilities, or trees that have a detrimental impact on public safety.
(c)
General requirements.
(1)
Landscape plans shall be prepared by a registered landscape architect and shall be required for all nonresidential development and applicable redevelopment, and all residential development and applicable redevelopment that provides for dedicated common areas, open space, parkland, required landscape buffers, or landscape entryway features and monument signs. With the exception of those features listed above and in subsection (f) below, landscape plans shall not be required for individual lots within single-family residential developments.
(2)
Irrigation plans shall be prepared by a licensed irrigation design
professional and shall be required for all nonresidential development
and for dedicated common areas, open space, parkland, required landscape
buffers, and landscape entryway features and monument signs in residential
developments. With the exception of those features listed above, irrigation
plans shall not be required for individual lots within single-family
residential developments.
(3)
For the purposes of this section, multifamily residential development
shall conform to the nonresidential landscape and irrigation requirements
of this section.
(4)
Landscaping and irrigation requirements for development within the
commercial planned development district (CPDD) shall be established
by the CPDD zoning ordinance, and shall not be subject to the requirements
of this section.
(5)
The American Standard for Nursery Stock, ANSI Z60.1-2004, shall be
the nursery standard adopted by the town.
(6)
Except where otherwise provided in a town approved landscape plan,
all yard, setback, parking, service, and recreational areas shall
be landscaped with lawns, trees, shrubs, or other live plant materials
and shall be permanently maintained in a neat and orderly manner as
a condition for use. Failure to maintain landscaping required as part
of an approved landscape plan may result in the issuance of a citation
for violation of this code.
(7)
Property owners shall be required to maintain all landscape materials
placed within the street right-of-way immediately adjacent to their
lot, with the exception of those segments of perimeter street right-of-way
that any such property owner may prove to the satisfaction of the
planning manager that another person or entity is legally responsible
for all or a portion of such maintenance, in which case such property
owner shall not be required to maintain the portion of the landscaping
materials that the other person or entity is legally responsible to
maintain. The planning manager’s determination in this regard
shall be memorialized in a letter of determination, a copy of which
the planning manager shall endeavor to provide to the property owner
upon request.
(8)
There shall be permitted fountains, ponds, sculptures, planters,
walkways, flagpoles, light standards and decorative screen-type walls
as elements of landscaping in areas designated for landscaping. Decorative-type
walls, planters and sculptures shall be 30 inches or less in height.
The town may permit heights in excess of 30 inches where such is in
the best interest of landscaping and will not create a problem relative
to public health, safety, order, convenience, prosperity and general
welfare.
(9)
It is encouraged that drought-tolerant and native plants be incorporated
into landscape design. Techniques such as the reuse of stormwater
for irrigation purposes, drip irrigation, and self-adjusting/smart
irrigation controllers are encouraged in order to minimize water usage
for landscape irrigation.
(10)
A layer of mulch shall be provided around the perimeter of any tree
required under this code. The area encompassing the tree’s root
ball shall not be covered, and instead shall remain exposed to the
elements.
(d)
Landscape and irrigation plan requirements.
(1)
Landscape plans shall be submitted with applicable development applications,
shall depict existing improvements that are to remain and proposed
improvements, and shall be comprised of the following:
(A)
A plan to scale prepared by a landscape architect licensed by the
State of Texas, that depicts the species, size, quantity, location,
and spacing of all proposed landscape planting materials. Existing
tree clusters that are to remain following development shall also
be depicted. Plans shall include a summary table that identifies the
quantity and type of plants required by this code and the quantity
and type of plants proposed by the applicant.
(B)
A plan and profile of all proposed landscape buffers and landscape
screening.
(C)
A plan to scale for all proposed hardscape features such as trails,
pedestrian bridges, common area fencing, screening walls, monument
signs, streetscape furnishings and any other proposed hardscape features.
(2)
Preliminary irrigation plans shall be submitted with required construction
plans and shall be comprised of a plan to scale that identifies areas
that are to be irrigated, the type of irrigation system that is to
be utilized and the location of the irrigation water meter and double
check valve assembly. A complete irrigation plan that depicts the
layout, design, and specifications of the proposed irrigation system
shall be submitted during the building permit process.
(e)
Nonresidential landscape and irrigation requirements.
(1)
Landscaping and irrigation requirements for nonresidential development
within the CPDD shall be established by the CPDD zoning ordinance,
and shall not be subject to the requirements of this section.
(2)
For nonresidential development outside of the CPDD, the proposed
development shall adhere to the prescribed landscape standards for
equivalent building type, streetscape, buffering, and open space requirements
under the CPDD zoning ordinance.
(f)
Residential landscape and irrigation requirements.
(1)
Landscaping and irrigation requirements for residential development
within the CPDD shall be established by the CPDD zoning ordinance,
and shall not be subject to the requirements of this section.
(2)
For building permit review for residential development outside of
the CPDD, the location, species, and size of required shade or ornamental
trees shall be required to be depicted on a plot plan of the individual
lot.
(3)
For applicable new residential development and redevelopment outside
of the CPDD, the following requirements shall apply:
(A)
A minimum of six (6) shade trees shall be installed on each residential
lot prior to the issuance of a certificate of occupation. Up to two
shade trees may be substituted for ornamental trees at a ratio of
two (2) ornamental trees for one (1) tree.
(B)
Shade trees shall be a minimum of three (3) inches in diameter at breast height (DBH) at planting and shall be a species included on the town’s quality tree list, as depicted in this code, chapter 3, article 3.15, appendix C. Easter Red Cedar trees shall not satisfy the requirements of this subsection.
(C)
Up to four 3" DBH shade trees may be replaced at a ratio of two 3"
DBH shade trees to one 6" DBH shade tree planted within the front
setback area of the lot.
(E)
A minimum of two (2) shade trees must be planted in the front yard
of the lot between the front right-of-way or road easement boundary
and the front build line of the house.
(4)
In circumstances where the purpose and intent of this section may
be accomplished through the preservation of existing shade trees,
an applicant may request exemptions from the residential landscape
and irrigation requirements specified in this subsection. Exemptions
may be granted by the planning manager under the following conditions:
(A)
For every five (5) percent increment of tree canopy coverage that
exists and is preserved following the construction of all site improvements,
the applicant shall be permitted to reduce the required installed
shade trees by one (1) shade tree.
(B)
Tree canopy coverage shall be measured as a percentage of the net
area of the lot that is covered by tree canopy. Lot area that falls
within public right-of-way, projected public right-of-way, or road
easements shall not be considered when calculating canopy coverage.
(C)
Existing shade trees located within street right-of-way, road easements,
or the projected street right-of-way of perimeter street shall not
be permitted to satisfy the requirements of this subsection.
(D)
The provisions of shade trees in the front yard may only be reduced
if the existing tree canopy coverage in the front yard is of an amount
that would satisfy the requirements of this subsection.
(5)
All required landscaping shall be served by a drip irrigation system
at the time of planting.
(g)
Landscape and irrigation plan implementation requirements.
(1)
All required landscaping must be installed and the town shall inspect
same for compliance with this code prior to the issuance of a certificate
of occupancy.
(2)
Applicants may request to postpone installation of landscaping for
a maximum duration of six months in order to prevent landscape installation
during summer months.
(3)
During water restriction periods where drip irrigation is not permitted,
required landscape installation shall be postponed until drip irrigation
is permitted to occur.
(4)
When a request for postponement of landscaping has been granted by
the town, the applicant shall be required to escrow finds to the town
in an amount that would satisfy the costs of landscaping installation.
The planning manager shall maintain landscaping escrow cost estimates
for the town. The town shall reimburse the escrowed funds to the applicant
upon completion of the requirements of this section, or, in the event
that the requirements are not timely and properly completed, the town
may expend the funds to complete the requirements.
(5)
Failure to comply with the requirements of this section or failure
to maintain required landscaping may result in a notice of violation
from the town’s code enforcement officer. Failure to correct
said violation within thirty (30) calendar days after the date of
the notice of violation may result in a citation being issued for
the violation of this code.
(Ordinance 2014-6-3-9A adopted 6/3/14)
All rules governing the protection of trees and natural areas should be followed as outlined in article 3.15 of this code.
(1998 Code, sec. 154.014)
(a)
All zones require paved off-street parking facilities except FH, AG, RE-1, and RE-2. The required number of spaces per land use is indicated by subsection (b) of this section. No permanent or repetitive on-street parking is permitted at any time in any zone.
(b)
Off-street parking requirements.
|
Land Use Classification
|
Number of Off-Street Paved Parking Spaces Required
|
|---|---|
|
Accessory recreation, community building
|
1 per each 100 sf
|
|
Amusement establishments
|
1 per each 100 sf
|
|
Church, temple, assembly hall (with seats), theater, auditorium,
arena, sports stadium
|
1 per each 3 seats
|
|
College, technical college, junior college
|
1 per each 25 sf of seating area
|
|
Commercial, professional, office buildings
|
3 for first 300 sf plus 1 per each additional 300 sf
|
|
Dance, exhibition, assembly halls (no fixed seating)
|
1 per each 100 sf
|
|
Day care center, day nursery, kindergarten (with more than 4
children)
|
1 per each 300 sf plus 4 spaces for passenger loading/unloading
|
|
Elementary, junior high school
|
1-1/2 per classroom
|
|
Funeral home, mortuary
|
1 per each 300 sf plus 1 per each 100 sf of chapel area
|
|
High school
|
1 per 3 students
|
|
Hospital
|
1 per bed or 1 per each 300 sf, whichever is greater
|
|
Hotel/motel
|
|
|
Up to 250 rooms
|
1 per room
|
|
250 rooms and above
|
0.75 per room plus 1 per each 100 sf of commercial area
|
|
Lumberyard, other wholesale businesses
|
1 per each 150 sf plus 1 per warehouse employee
|
|
Manufacturing plant, research laboratory
|
1 per each 500 sf
|
|
Medical and dental clinics
|
1 per each 150 sf
|
|
Multiple-family housing (PC zone)
|
1 space per 500 square feet of dwelling unit floor area within
building site
|
|
Nursing homes and sanitariums
|
1 per each 6 beds plus 1 per each employee
|
|
Restaurants, cafes
|
1 per each 100 sf or 1 per each 4 seats, whichever is greater
|
|
Single-family, townhouse, mobile home, and garden home residences
(PC zone)
|
2 per residence
|
|
Warehouse, truck terminal, terminal facility
|
1 per each 1,000 sf
|
|
Exceptions: Groups of uses such as churches and professional
office buildings may join in establishing group paved parking areas
with the capacity totaling that required for each particular use.
Where it can be established before the building official that paved
parking for two specific uses occurs at alternating periods, the paved
parking space requirements of the use requiring the greater number
of spaces may be applied to both uses in a combined paved parking
area; however, such parking shall be within 100 feet from lot to lot
of all uses to be served by such parking.
|
(1998 Code, sec. 154.015)
There shall be established by separate ordinance a board of
adjustment for the town in accordance with the provisions of Tex.
Local Gov’t Code art. 211.008 that shall have the powers and
duties as may be established by ordinance.
(1998 Code, sec. 154.016)
There shall be established by separate ordinance a planning
and zoning commission for the town in accordance with the provisions
of Tex. Local Gov’t Code art. 211.007 that shall have the powers
and duties as may be established by ordinance.
(1998 Code, sec. 154.017)
Where a site plan review has been made a condition of any zoning change, the applicant, prior to development, shall submit the proposed development to the planning and zoning commission and town council for site plan review pursuant to the town’s site plan regulations set forth in article 14.03 of this Code of Ordinances.
(1998 Code, sec. 154.018)
Nothing herein contained shall require any change in the plans,
construction or designated use of a building actually under construction
at the time of the passage of this article and which entire building
shall be complete within one year from the passage of this article.
Nothing herein contained shall require any change in plans, construction
or designated use of building for which a building permit has been
heretofore issued and which entire building shall be complete within
six months from the date of the passage of this article with regard
to districts, the provisions of this article with regard to buildings,
or premises existing or buildings under construction or building permits
issued at the time of the passage of this article, shall apply to
building permits issued in the area affected by such amendment at
the time of the passage of such amendment [sic].
(1998 Code, sec. 154.019)
A detached building on the same lot with the primary building,
the use of which is clearly incidental to that of the primary building
or use of the land. A building housing an accessory use is considered
an integral part of the main building when it has any part of a wall
in common with the main building, or is under an extension of the
main roof and designed as an integral part of the main building.
A use customarily incidental or subordinate to the principal
use of the primary building located on the same property.
Every officer referred to by title, i.e., town manager, town
attorney, town secretary, town engineer, director of public works,
etc., and the person so retained in this position by the town or his
duly authorized representative.
A minor way used primarily for vehicular service to the rear
or side of properties otherwise abutting on a street.
An off-site main which brings water or sewer service to a
site of development.
Any signboard of 25 square feet or more carrying a message
of advertising. This definition does not include official notices
issued by a court or public entity in the performance of a legal function.
A water or sewer main located in a roadway, alley, or utility
easement abutting the perimeter of a development site.
A line beyond which buildings must be set back from the street
or road right-of-way line or property line.
A street which is continuous through several residential
or other districts and is intended as a connecting street between
districts.
Any street situated so that 50% or more of the property abutting
it is zoned for other than low-density residential development.
Any tract containing any type of land use except for single-family
(detached) residential and two-family (duplex) residential uses. (Requirements
and standards for religious and educational land uses shall be the
same as the character of the predominant surrounding land use.) Nothing
contained in this definition shall be considered as limitations to
or repeal of the definitions set forth in the town’s fire prevention
code.
The official town planning and zoning commission as appointed
by the town council.
The general plan for the growth and development of the town
and its environs, including any elements of such plan, such as a land
use plan, thoroughfare plan, utilities plan, schools and parks plan,
and others.
Collin County, Texas.
A short residential street having but one vehicular access
to another street and terminated by a vehicular turnaround.
A street, other than a cul-de-sac, with only one outlet.
An area designated for restricted use on private property
or an interest in land granted to the town or to the public. This
general definition does not intend to replace the legal definition
of the term.
A private street, alley or paved place dedicated to the public
for the purpose of providing access to adjacent structures by emergency
vehicles such as fire equipment, police or ambulances, the boundaries
of which are continuously and permanently marked.
Whenever used without a prefix, shall refer to registered
professional engineer retained by a developer.
A map or drawing prepared according to the provisions of article 10.02 of this code and containing all surveying and legal data, dedications and certificates necessary to the recording of same in the plat records of the county.
Any land area susceptible to being inundated by water from
any source. (See Fairview flood protection ordinance.)
Any lodge built and owned by a nonprofit association or corporation
which is exempt from federal income taxation under section 5-1C(8)
of the Internal Revenue Code.
An occupation performed at the residence provided that:
No person, other than members of the family residing on the
premises, shall be engaged in such occupation.
Such use is clearly incidental and secondary to the use of the
premises for residential purposes.
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 25% of the floor area of the dwelling
unit shall be used in the conduct of the home occupation.
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation.
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the lot, if the occupation
is conducted in a single-family residence, or outside the dwelling
unit if conducted in other than a single-family residence. In the
case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or
television receivers off the premises, or causes fluctuations in line
voltage off the premises.
Home occupation uses shall not include beauty culture schools,
barber and beauty shops, commercial or quasi-commercial repairs to
automobiles or other motorized vehicles including parts thereof, medical
or chiropractic offices, or other uses of a similar nature and character.
There shall be no display in any yard area of goods for sale.
Any material that prevents or impedes the absorption or retention
of stormwater. Impervious surfaces shall include all surfaces constructed
of asphalt, concrete, brick, paving block, plastic, metal, wood, or
other similar material which prevents or impedes the absorption or
retention of stormwater. Granular materials such as sand, gravel,
and decomposed granite shall only be considered to be an impervious
surface if the material is chemically stabilized through the use of
a binding agent. Structures, such as pools, that are capable of retaining,
but not absorbing stormwater, and semi-pervious materials such as
pervious paving blocks or pervious concrete shall be considered to
be impervious surfaces.
See “planned zoning map.”
Land occupied or to be occupied by a building and accessory
building, including such open spaces as are required by ordinances
of the town, and having its principal frontage on a public street
or officially approved place.
The portion of a lot that is covered by impervious surfaces.
A lot which is part of a subdivision, the plat of which has
been recorded with the county clerk, Collin County; or a parcel of
land, the deed for which has been recorded with the county clerk,
Collin County.
Any residential structure which is fabricated off-site (in
whole or in part) and is assembled on the lot to a permanent foundation.
Structures of this type include modular homes, prefabricated homes,
or any other structure commonly classified as manufactured housing.
Whenever used in this article, will be interpreted as “optional.”
Pursuant to the subdivision ordinance of the Town of Fairview.
Moveable structures used primarily for residential purposes.
Mobile homes shall be defined as any structures driven or towed to
a site by the same conveyance. These shall include conventional mobile
homes, recreational vehicles, trailer coaches, trailer homes, travel
trailers, campers, and all similar vehicles.
A tract of land used for renting or selling [or] leasing
sites for mobile homes or trailer coaches.
A sign or billboard displaying advertising copy that pertains
to a business, person, organization, activity, event, place, service
or product not principally located or primarily manufactured or sold
on the premises on which the sign is located.
A water or sewer main located in a roadway, alley, or easement
within the perimeter of a development tract and which provides service
only to the lots, sites, or tracts within the development.
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.
A water or sewer main which the system’s master plan
requires or which the town elects to construct or have constructed
of larger diameter than that required to provide service to the property
of a subdivider.
That certain map and amendments thereto adopted as a part
of the Town of Fairview comprehensive plan by ordinance.
The body of members charged with the responsibility of reviewing
for approval all subdivisions, preliminary plats and final plats in
the town.
A map or drawing on which is shown the subdivider’s proposed arrangement of streets, lots, easements and other public spaces and facilities in the subdivision, prepared in compliance with article 10.02, intended for review and study by the town, and not intended for recording.
The boundary line between a lot and the street right-of-way
on which it fronts. On corner lots, the front of the lot is that area
so designated on the approved development plat.
Any remaining boundary line, after consideration of front
and side property lines.
Any boundary lines connecting to the front boundary lines.
A street which is intended primarily to serve traffic within
a neighborhood or limited residential district which is used primarily
for access to abutting properties and which is geometrically designed
to discourage high speeds and through traffic.
Any tract of land developed for the purpose of single-family
detached or two-family domestic living (religious and educational
institutions may also be included). Requirements and standards for
religious and educational institutions may also be the same as the
character of the predominant surrounding land use and subject to a
conditional use permit.
A pipe or conduit for water-carried wastes from residences,
business buildings, institutions and industrial establishments to
which storm, surface and ground water are not normally admitted and
which is a part of the public sewage collection system.
Congregate-care housing.
Congregate living allows elderly people in relatively good
health to maintain their social and functional independence while
having access to common support services such as meals and housekeeping
that provide private living units but offer opportunities for social
interaction with mutually supportive neighbors.
Assisted-living facilities.
This type of housing is designed and staffed to provide for
residents who require some type of support for daily living, such
as assistance for bathing, dressing, medication, meal preparation,
or other functions.
Continuing care retirement communities (CCRCs).
CCRCs usually are campus-like complexes of multifamily buildings
housing several hundred to 2,000 or more residents, although they
may be smaller and may also incorporate single-family residences for
independent living.
A water or sewer pipe running from the water or sewer main
to the property to which water or sewer service is given.
The shortest distance between any point on the building,
excluding steps and unenclosed porch, and the property line.
Used without any prefix, shall refer to a sanitary sewer
(excluding service lines).
Whenever used in this article, will be interpreted in its
mandatory sense.
Any device that brings a visual message to the public, but
not including any flag, pennant or other visual insignia specifically
associated with governmental, civic, religious, charitable, patriotic,
or fraternal organizations. The sign may consist of one or more sections,
in which case the sum of the square feet of all sections shall be
considered in meeting the requirements of this article.
Any sign erected on the outside of a building or parallel
to its surface and which is supported by that face.
A development plan, drawn to scale, showing uses and structures
proposed for a parcel of land (see site plan review regulations).
The document published by the North Central Texas Council
of Governments entitled “Standard Specifications for Public
Works Construction” and all subsequent revisions thereto.
Applied to all improvements constructed within the town and
shall be in accordance with all revisions as may be adopted by the
town.
A pipe, conduit, or channel which carries storm and surface
water and drainage, but excludes domestic sewage and industrial wastes.
A way for vehicular traffic whether designated a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or however otherwise designated.
Anything constructed that is of necessity attached directly
or indirectly to the ground, including but not limited to: all above-grade
structures, being buildings, towers, signs (except for those flat
against other structures), service station islands, and the like;
and all below-grade structures such as septic systems and leaching
fields, swimming pools constructed above or below grade including
decks and constructed aprons, and tennis courts and other manufactured
or constructed playing surface, inclusive of barriers or other containment
construction.
An individual, firm, association, syndicate, partnership,
corporation, or other organization dividing or proposing to divide
land or making improvements to such land for himself, or for itself,
or for another.
The division of any lot, tract or parcel of land into two
or more parts to lay out a subdivision of the tract including an addition
to a municipality, to lay out suburban, building, or other lots, or
to lay out streets, alleys, squares, parks, or other parts of the
tract intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the streets, alleys,
squares, parks, or other parts.
A licensed land surveyor or a registered public surveyor,
as authorized by the state statutes to practice the profession of
surveying.
A principal traffic thoroughfare more or less continuous
across the town which is intended to connect remote parts of the town
or areas adjacent thereto and which acts as a principal connecting
street with state and interstate highways.
The duly elected governing body of the Town of Fairview,
Texas.
The town engineer of the town, the town’s consulting
engineer, or their duly authorized representatives.
The Town of Fairview, Texas.
Any self-supporting woody perennial plant which has a trunk
diameter of four and one-half inches or more when measured by caliper
inch at a point of four and one-half feet above ground level and which
normally attains an overall height of at least 15 feet. (See tree
ordinance.)
An area for restricted use on private property upon which
any public utility shall have the right to remove and keep removed
all or part of any buildings, fences, trees, shrubs, or other improvements
or growths which in any way endanger or interfere with the construction,
maintenance, or efficiency of its respective systems within said area.
Any public utility shall at all times have the right of ingress and
egress to, from and upon the said easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining, adding to or
removing all or part of its respective systems without the necessity,
at any time, of procuring the permission of anyone.
This is defined as what could be observed in a casual manner
by anyone on a roadway adjacent to the parcel of land. Anything forward
of the front line of the dwelling shall automatically be considered
as in the view of the general public.
A pipe or conduit which is a part of a public water distribution
system (excluding service lines).
(1998 Code, sec. 154.020; Ordinance 2013-6-4B, sec. 1, adopted 6/4/13)
(a)
Whenever in this article or any ordinance of the town an act is prohibited
or is made or declared to be unlawful or an offense or a misdemeanor,
or wherever in the article or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, and no specific
penalty is provided therefor, the violation of such provision of this
article or any such ordinance shall be punished by a fine not exceeding
$500; provided, however, that a final penalty for the violation of
a rule, ordinance or police regulation that governs fire safety, zoning,
or public health and sanitation, including dumping of refuse, may
not exceed $2,000.
(b)
Notwithstanding the above provision, no penalty shall be greater
or less than the penalty provided for the same or a similar offense
of the laws of the state.
(c)
Each day a violation of this article or of any ordinance continues
shall constitute a separate offense.
(1998 Code, sec. 154.999)
The following temporary uses may be allowed in the applicable
zoning districts, and under the conditions and for the time specified
upon proper application and review by the director of planning and
community development:
(1)
A temporary building may be used as an office incidental to construction
work if such building is located upon the same property as the site
under construction, contains no living quarters, and provides for
no uses not incidental to construction on the premises. Such buildings
shall be removed within 30 days following final completion of the
construction. “Final completion” shall mean the final
acceptance of all public improvements (drainage, lighting, pavement,
water, and sewer), as approved by the director of public works. The
term “living quarters” shall mean an area where individuals
reside.
(2)
A temporary facility or a permanent residential structure (such as
a model home) located on any platted lot in an approved residential
subdivision may be used as a construction office, or as a sales office,
sales trailer, or for display purposes. No more than one office and
no more than four display facilities per builder shall be allowed
for any purposes for any subdivision. Such temporary use shall be
allowed for a period of one year, with extensions upon application
and approval of six months. However, in no case shall more than four
such extensions be granted.
(3)
In certain instances, it may be appropriate for temporary use buildings
to be used for longer than three years. In the case of model homes,
sales offices and construction trailers, additional renewals would
require that the applicant demonstrate that construction and/or sales
activity is still ongoing and that the buildings are being used as
permitted. This would allow temporary buildings only as long as their
intended function is being actively employed. The granting of an extension
of a temporary use permit, based on the above considerations, shall
be based upon the proper application, review and approval of the director
of planning and community development.
(4)
Temporary uses of a religious building or site or of a philanthropic
nature (such as medical vaccinations) by those organizations not normally
conducting business for profit may be allowed for the period of their
actual duration up to a maximum of 30 days, except that two extensions
of up to 30 days may be possible upon application and approval.
(5)
Temporary sales of seasonal products such as firewood, cut trees,
plants, fruits and vegetables, and similar products may be allowed
during their normal and generally accepted season for a period of
up to 120 days.
(6)
Any uses and/or structures not listed above, but requested as a temporary
use(s), shall be reviewed by town staff, with recommendation to and
final approval by the planning and zoning commission.
(7)
The director of planning and community development, in approving
or denying such application shall consider the nature of the use;
existing uses in surrounding areas; noise, dust, and other performance
standards; traffic generated; health and sanitary conditions; and
compliance with other regulations of this section. The director of
planning and community development shall have the right to revoke
any temporary use at any time or to deny any extension upon finding
that a hazard or nuisance shall exist by continuing such use. Upon
the revocation or denial of such temporary use, the nuisance or hazard
shall immediately cease and shall be removed within ten days of notification
of such finding.
(1998 Code, sec. 154.021)
(a)
All nonresidential development projects must include public art.
(b)
Public art must be located in a public place. A public place shall
mean any area, either indoors or outdoors, on public property or private,
that is easily accessible and clearly visible to the public. If located
on private property, the area must be open to the general public and
readily visible from a public right-of-way or other public property.
(c)
Public art must be have a monetary value equal to or greater than
1% of the total cost of construction of the development.
(d)
Public art shall include but not necessarily be limited to:
(1)
Sculpture, such as in the round, bas-relief, mobile, fountain, kinetic,
electronic, or other, in any material or combination of materials;
(2)
Painting, including all media;
(3)
Graphics and multimedia, including printmaking, drawing, and photography;
(4)
Mosaics;
(5)
Crafts in clay, fiber and textiles, wood, metal, plastics, and other
materials;
(6)
Mixed media, including any combination of forms; and
(7)
On-site art spaces or cultural facilities that include gallery/exhibition
spaces, resource libraries, visual arts slide registries, performances,
artist studio spaces, and/or art education facilities that are open
and accessible to the public.
(e)
Any existing building that is remodeled with a construction value
equal to or greater than 50% of the replacement cost of the building
shall also be subject to the requirements of this section.
(f)
In lieu of acquisition, construction and/or installation of public
art on the development site, an owner or developer, at its sole discretion,
may construct or install the art on public property and donate ownership
thereof to the town.
(g)
In lieu of acquisition, construction and/or installation of public
art, an owner or developer, at its sole discretion, may pay a fee
in lieu contribution to the town. Said fee shall be equal to or greater
than 1% of the total construction cost of the development. Any funds
so paid shall be kept separate from other municipal funds and may
only be used for the acquisition, construction, or display of public
art as defined in this section. If the owner or developer opts to
pay this fee, full payment must be made in advance of issuance of
a building permit.
(h)
An arts review committee is established, which shall have the responsibility
to review proposals for public art on public property and to advise
the staff, council, and planning and zoning commission as to appropriateness
and suitability. The committee shall issue a recommendation on each
project within 60 days of receiving a proposal. Members of the committee
shall not be required to be of any specific vocation, but they must
be knowledgeable about visual public art and be residents of the community.
(i)
A proposal for installation of public art shall include the following:
(1)
Landscape and site plans indicating the location and orientation
of the public art and/or the landscaping and architectural treatments
integrating the art into the overall project design;
(2)
A sample, model, photograph, or drawings of the proposed art;
(3)
Material samples and finishes, if appropriate;
(4)
A resume of the artist if appropriate;
(5)
Photographs of previous work by artist;
(6)
A maintenance plan for the art; and
(7)
Any additional information required to ensure an appropriate review.
(j)
The public art, except that which may be installed on public property,
shall remain the property of the holder of the certificate of occupancy.
If the building in or on which the art is displayed is sold, ownership
of the public art shall transfer as a part of the sale of the building.
(k)
The property owner shall continuously maintain, or cause to be maintained,
the public art in good condition after its installation and shall
perform necessary repairs and maintenance thereof.
(1998 Code, sec. 154.022)
(a)
Property owner or owner.
Sport court.
Definitions.
Except as otherwise set forth in this section, words and phrases in this section shall be as defined in section 14.02.020 of this chapter. Undefined words and phrases shall be understood in accordance with their common meaning.
For the purposes of this section means any person, firm or
corporation having a legal ownership interest in the property, and
also includes any person that resides in, leases, manages, or otherwise
controls the property.
An outdoor surface pad that: (1) incorporates an impervious
surface such as but not limited to: concrete, asphalt, or tile; (2)
may or may not be partially or fully enclosed by fencing and may or
may not be partially or fully painted; and (3) is used or intended
for, but limited to, tennis, volleyball, basketball, badminton, pickleball
and/or other such activities that traditionally occur on a permanent
court surface. A surface pad designed and permitted for vehicular
access purposes (such as a driveway) is not a sport court merely because
a sporting apparatus, such as, but not limited to, a basketball goal,
is present; provided that the dominant use of the surface pad is vehicular
transport or storage.
(b)
Permit required.
A property owner must obtain a permit from the town before installing or constructing a sports court. Applications for a permit for a sports court shall be processed in the same manner as conditional use permits in accordance with chapter 14, division 11, section 14.02.511, et seq. of this code, and be designed in accordance with the standards in this section.
(c)
Design standards that are subject to amendment, modification and/or
conditions under a conditional use permit:
(1)
Maximum of 1 sport court with any impervious surface under one ownership
or collection of continuous parcels under a common ownership.
(2)
Maximum area of the impervious surface of the sport court shall be
7,500 square feet.
(3)
Location and setbacks: Must be located behind the home (yard area
extending across the width of a lot between the rear property lot
line and the nearest wall of any main building on the lot) and in
accordance with the following setbacks (measured in feet):
|
|
RE-1
|
RE-1.5
|
RE-2
|
RE-3
|
AG
|
|---|---|---|---|---|---|
|
Side Yard
|
25
|
50
|
50
|
50
|
50
|
|
Rear Yard
|
35
|
35
|
35
|
35
|
35
|
(4)
Landscape screening shall include a minimum 5-feet tall evergreen
shrubs, installed 6-feet on-center, along all sides of the sport court,
except at an entry point/gate.
(d)
Design standards applicable to all athletic fields and/or sport courts
that may not be amended, modified or conditioned under a conditional
use permit:
(1)
Lighting: All lighting methods, including permanent, temporary, and
portable lighting fixtures and apparatus are prohibited.
(2)
Fencing and netting for boundaries and ball containment systems shall
be a maximum of 12 feet in height and limited to black and dark green
color pallets.
(3)
Organized team/club activities are prohibited.
(4)
Commercial/business activities are prohibited.
(5)
Bleachers are prohibited.
(6)
Athletic fields/sports courts may not encroach into any septic field
or septic spray area.
(7)
Applications for a sport court with an impervious surface shall include
at a minimum a grading and/or drainage plan as required by the town
engineer.
(8)
No portion of an impervious surface shall encroach into a drainage
easement, floodway or floodplain area.
(9)
The installation of a sport court with an impervious surface shall
not cause the subject site to exceed the maximum lot coverage percentage
as required by the base zoning district.
(e)
Athletic fields/sports courts made entirely of pervious areas (i.e., sand volleyball, soccer field/pitch, putting greens, etc.) are allowed without approval of a conditional use permit or the issuance of a building permit; provided, however, such pervious courts must be designed and installed in accordance with subsections (d)(1)–(6).
(f)
A fence permit shall be required for any permanent fencing.
(g)
Except as set forth in subsection (e), the commencement of construction/installation (including without limitation any grading or other dirt work) of any portion of a sport court before the approval of a conditional use permit and/or issuance of a building permit shall subject the person(s) responsible (including without limitation any owners, contractors, and/or others in control of the property) to the penalties set forth in section 14.02.021 of this chapter, as amended. Such penalty(ies) shall be cumulative of any other remedy that the town may seek at law or equity.
(Ordinance 2022-18 adopted 9/6/22)
(a)
Purpose and intent.
The purpose of this subsection is
to provide minimum requirements for exterior building facades for
institutional buildings. The intent of these requirements is to ensure
that institutional buildings are designed and constructed in a manner
that is consistent with existing development in the town.
(b)
Applicability.
The provisions of this section shall
apply to:
(1)
New development and redevelopment of permanent institutional buildings
that are primary or accessory to an institutional use.
(2)
For the purposes of this section, redevelopment shall be defined
as redevelopment, replacement, or expansion of more than 50% of the
gross area of the property, principle permitted use, or structure.
(3)
For the purposes of this section institutional buildings shall be
defined as facilities that are established to serve a social, educational,
public service, or religious purpose and are operated by a federal,
state, or local government, public or private utility, public or private
school or college, religious organization, public agency, or nonprofit
organization.
(c)
Material requirements.
(1)
Primary exterior facade materials for permanent institutional buildings
shall be comprised of brick, stone, manufactured stone, or stucco
utilizing a three-step process. Each facade shall incorporate a minimum
of two of the aforementioned materials in its design.
(2)
Metal, glass block, and tile may be utilized as accent materials
for permanent institutional buildings and shall not exceed 30% of
the exterior area of the building. Manufactured stone veneer and EFIS
shall not be permitted exterior facade materials for permanent institutional
buildings.
(Ordinance 2014-6-3-9B adopted 6/3/14)
