90-4.01.01 
Purpose.
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provisions of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land.
90-4.01.02 
Requirements.
(A) 
Minimum off-street parking required shall be provided as set forth in section 3.02 Use Chart.
(B) 
Additional parking requirements are located in the parking ordinance.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
90-4.02.01 
Accessory Structures.
The following regulations apply to permanent accessory structures as outlined below in each section for residential accessory structures, nonresidential accessory structures, and carports:
(A) 
Residential accessory structure requirements (excluding carports).
Accessory structures must adhere to the following requirements:
(1) 
Dimensions.
(a) 
An accessory structure shall not exceed a height of 15 feet.
(b) 
An accessory structure shall not exceed 50 percent of the floor area of the principal building. If more than one accessory structure is located on the property, the total floor area of all accessory structures shall not exceed 50 percent of the floor area of the principal building.
(c) 
Accessory structures shall be included in the lot coverage calculations.
(2) 
Location.
(a) 
Accessory structures shall meet the following setback requirements:
1. 
Front.
The front setback shall be behind the front of the principal structure building face.
2. 
Rear.
The rear setback shall be five feet from the property line or out of easement, whichever establishes a greater setback.
3. 
Side.
The side setback shall be five feet from the property line or out of easement, whichever establishes a greater setback, for interior lots, and 15 feet from the property line where a lot is adjacent to a side street.
(b) 
No accessory structure shall be located in front of the principal structure building face.
(c) 
Accessory structures are prohibited in easements.
(d) 
Accessory structures must maintain a minimum separation of five feet between exterior walls.
(3) 
Number.
(a) 
No more than two accessory structures are permitted on a single property.
(b) 
Lots larger than 30,000 square feet may have up to three accessory structures.
(4) 
Materials.
(a) 
For accessory structures equal to or less than 440 square feet, exterior wood and metal siding with a baked-on enamel finish are permitted. Corrugated metal siding is not permitted.
(b) 
Construction materials for accessory structures with a floor area over 440 square feet must comply with the exterior building material requirements for a main structure.
(B) 
Nonresidential accessory structures.
Accessory buildings must adhere to the following requirements:
(1) 
Dimensions.
(a) 
An accessory structure shall not exceed a height of 15 feet.
(b) 
An accessory structure shall not exceed 50 percent of the floor area of the principal building. If more than one accessory structure is located on the property, the total floor area of all accessory structures shall not exceed 50 percent of the floor area of the principal building.
(c) 
Accessory structures shall be included in the lot coverage calculations.
(2) 
Location.
(a) 
Accessory structures shall meet the following setback requirements:
1. 
Front.
The front setback shall be behind the front of the principal structure building face.
2. 
Rear.
The rear setback shall be five feet from the property line or out of easement, whichever establishes a greater setback.
3. 
Side.
The side setback shall be five feet from the property line or out of easement, whichever establishes a greater setback, for interior lots, and 15 feet from the property line where a lot is adjacent to a side street.
(b) 
No accessory structure shall be located in front of the principal structure building face.
(c) 
Accessory structures are prohibited in easements.
(d) 
Accessory structures must maintain a minimum separation of ten feet between exterior walls.
(3) 
Number.
(a) 
No more than one accessory structure use permitted on a single property.
(4) 
Materials.
(a) 
All accessory structures in nonresidential zoning districts must comply with the exterior building material requirements for a main structure.
(C) 
Carports.
(1) 
Location.
Locational requirements for carports within the city shall be as follows:
(a) 
Front.
An attached carport may extend beyond the front building line (setback line), but in no case shall the structure extend more than 25 feet from the point of attachment to the residence, or encroach upon the street right-of-way or any easement.
(b) 
Side.
A carport shall be set back five feet from the side property line or out of easement, whichever establishes the greater setback.
(c) 
Rear.
A carport shall be set back five feet from the rear property line or out of easement, whichever establishes the greater setback.
(2) 
Construction.
Construction requirements for carports within the city shall be as follows:
(a) 
Parking surface.
Carports must be erected over an approved surface.
(b) 
Size.
The roof assembly of a carport shall not exceed 25 feet in length or 25 feet in width. The inside vertical clearance of a carport shall not be less than seven feet, nor more than nine feet.
(c) 
Roof.
1. 
Roof design and pitch of a carport shall not exceed that of the main structure.
2. 
Carport roofs, if metal, shall be corrosion-resistant aluminum or steel painted with a baked-on enamel finish or equivalent.
3. 
Metal roof carports must have a minimum slope of one-fourth unit vertical and 12 units horizontal (two percent).
(d) 
Walls.
Carports shall have at least two open exterior walls; however, no exterior wall may extend into the required front yard.
(3) 
Storage.
A carport located in front of the main building shall be used to store only vehicles, including recreational vehicles, boats and trailers. All vehicles must be registered. Carports in front of the main building shall not be used to store any other items.
90-4.02.02 
Swimming Pools.
(A) 
Requirements.
The owner of a lot zoned as residential may construct one in-ground swimming pool, or one above ground swimming pool, but not both. The location of an above ground swimming pool will be subject to the setback requirements for residential accessory structures as provided in subsection 4.02.01.(A)(2) above. The location of an in-ground swimming pool shall conform to the following setback requirements:
(1) 
SF-E Single-Family Residential Estate District.
(a) 
Front.
The front setback requirement for a swimming pool shall be the front building line established in this chapter for the applicable zoning district, provided, however, that in no case shall the pool be closer to the street than the front of the main structure.
(b) 
Side.
The side setback requirement for a swimming pool shall be the side building line established in this chapter for the applicable zoning district.
(c) 
Rear.
The rear setback requirement for a swimming pool shall be six feet.
(2) 
All other residential zones.
The setback requirements for a swimming pool shall be the respective building lines established in this chapter for the applicable zoning district.
(B) 
Measurement.
All of the foregoing setback requirements shall be measured from that portion of the pool, including decking and mechanical and electrical equipment, closest to the applicable setback line.
(C) 
Easements and safety codes.
Notwithstanding any provision herein to the contrary, no pool shall encroach upon the street right-of-way or any utility easement. Furthermore, notwithstanding any provision herein to the contrary, no swimming pool shall be located so as to create or constitute a violation of any building or safety code adopted by the city, including without limitation the International Residential Code and the Uniform Electrical Code.
90-4.02.03 
Temporary Occupancy Structures (Buildings).
(A) 
Temporary buildings may be utilized by places of worship (churches), public schools, and government agencies only. See "Temporary Occupancy Building" definition.
(B) 
Places of worship (churches), public schools (kindergarten (K) through 12th grade), and government agencies shall apply for a building permit and must meet all applicable city ordinances to erect a temporary building.
90-4.02.04 
Flags and Flagpoles.
(A) 
Scope.
The regulations set out in this section apply to flags and detached flagpoles in all zoning districts.
(B) 
Setbacks.
The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the top of the pole.
(C) 
Number and size.
(1) 
Residential Zoning Districts.
(a) 
No more than one flagpole shall be allowed per platted lot.
(b) 
The height of the flagpole shall not exceed 25 feet, measured from the natural grade.
(c) 
No more than three flags may be displayed on the flagpole located on a lot.
(d) 
The size of the flag shall be appropriate for the height of the flag pole, but each individual flag shall in no event exceed 24 square feet in area.
(e) 
Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings and flags that are displayed flush to the face of the building are not limited in number.
(2) 
Nonresidential and Multiple Family Zoning Districts.
(a) 
No more than three flagpoles shall be allowed per platted lot.
(b) 
The height of the flagpoles shall not exceed 30 feet, measured from the natural grade.
(c) 
No more than two flags may be displayed on the flagpole located on a platted lot.
(d) 
The size of the flag shall be appropriate for the height of the flag pole, but each individual flag shall in no event exceed 40 square feet in area.
(D) 
Manner of display.
(1) 
Furcated poles with multiple mounting structures shall not be allowed.
(2) 
Flags and insignia of any government shall be displayed in an approved manner pursuant to federal guidelines in Title 4, United States Code, Chapter 1 (the Federal Flag Code).
90-4.02.05 
Wind Energy Conversion Systems.
(A) 
Farm or utility systems.
Wind energy conversion systems, farm or utility shall be prohibited within the city.
(B) 
Small systems.
Wind energy conversion systems, small are permitted, subject to the following conditions:
(1) 
Accessory use.
A small wind energy system is allowed as an accessory use in all residential zoning districts.
(2) 
General standards.
(a) 
Small wind energy systems are permitted only in the rear yard.
(b) 
The minimum distance between the ground and any part of a rotor blade must be at least 20 feet.
(3) 
Freestanding systems - additional standards.
Small wind energy systems may be mounted on a tower detached from other structures on the lot.
(a) 
Setback.
The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, or governmental entity grants written permission for a lesser setback.
(b) 
Height.
Freestanding systems measured from the top blade may not exceed 45 feet in height.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1296-15, § 2(Exh. A), 8-18-2015]
90-4.03.01 
Residential Lot Regulations.
(A) 
Minimum residential lot area and exceptions.
The minimum lot area for the various zoning districts shall be in accordance with the individual districts except that a lot having less area than herein required, which was an official "lot of record" prior to the adoption of this Ordinance, May 6, 2014, may be used for a single-family dwelling.
(B) 
Location of dwellings and buildings.
(1) 
One main building for single-family and two-family use.
Only one main building for single-family and two-family use, with permitted accessory buildings, may be located upon a lot.
(2) 
Access.
Every means of vehicular access shall have a minimum lot width of 25 feet at the property line.
90-4.03.02 
Front Yard Setback.
(A) 
Corner lots.
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a final plat.
(B) 
Block with split zoning.
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard setback shall comply with the requirements of the most restrictive district for the entire frontage.
Figure 1. Block with Split Zoning
-Image-32.tif
(C) 
Approved plats with established building line.
The required front yard setback shall comply with the building line so established by such ordinance or plat, where a building line has been established by a plat or by ordinance prior to May 6, 2014, and such line required is a greater or lesser front yard setback than prescribed by this Ordinance for the district in which the building line is located.
(D) 
Front yard measurements and considerations.
(1) 
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building.
(2) 
Eaves and roof extensions or a porch without posts or columns may project into the required front yard setback for a distance not to exceed three feet.
Figure 2. Front Yard Measurement
-Image-33.tif
(E) 
Minimum front yard setback reduction and average setback.
(1) 
The minimum front yard setback requirements may be reduced by a maximum of five feet for all single-family and duplex uses within all SF-E Single-Family Residential Estate, SF-10 Single-Family Residential, SF-7 Single-Family Residential, and MF-1 Two-Family (Duplex) Residential Zoning Districts; provided that at least 50 percent of the structures on a given block are set back an additional five feet from the original setback.
(2) 
The average setback along the block shall equal the original setback requirement.
(3) 
The purpose of this average setback is to encourage a variety of front yard setbacks along a street.
(4) 
In no case shall the front yard setback be less than 20 feet.
(5) 
The desired front setbacks for each lot shall be designated on the final plat.
Figure 3. Front Yard Setbacks
-Image-34.tif
(F) 
Future right-of-way line.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.
90-4.03.03 
Side Yard Setbacks.
(A) 
Corner lot side yard setbacks.
(1) 
On a corner lot used for single-or two-family dwellings, both street exposures shall be treated as front yards on all lots except where one street exposure is designated as a side yard on a lot of record and separated from the adjacent lot by an alley and separated from the adjacent lot by an alley.
(a) 
In such case, a building line shall be designated on the plat containing a side yard of 15 feet or more.
(2) 
On lots that were official lots of record prior to May 6, 2014, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district. See the following figures for details:
Figure 4. Side Yard on Corner Lots
-Image-35.tif
-Image-36.tif
(B) 
Open and unobstructed side yards.
(1) 
Every part of a required side yard shall be open and unobstructed from the ground upward except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard.
(2) 
Air conditioning compressors, pool machinery and equipment, and similar appurtenances are permitted in the side yard, but shall be located a minimum three feet from the property line.
90-4.03.04 
Handicap Accessibility.
The property owner is responsible for the project's compliance with the Texas Department of License and Regulations, as they exist or may be amended.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1296-15, § 2(Exh. A), 8-18-2015]
90-4.04.01 
Conformance of All Uses.
In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by city, county, state, and federal agencies. All uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction to established performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration and glare.
90-4.04.02 
Toxic Waste Disposal.
All federal and state pollution, noise, and requirements for toxic waste disposal shall be observed.
90-4.04.03 
Standards.
(A) 
Noise.
At no point at the bounding property line of any use shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:
Table 3. Maximum Permissible Daytime* Octave Band
(Decibel Limits at the Bounding Property Line **)
Octave Band
(cps)
Decibel Band Limit
(db re 0.0002 microbar)
37 - 75
86
75 - 150
76
150 - 300
70
300 - 600
65
600 - 1,200
63
1,200 - 2,400
58
2,400 - 4,800
55
4,800 - 9.600
53
A Scale
65
Note: "A Scale: levels are provided for monitoring purposes only and are not applicable to detailed sound analysis.
* "Daytime" shall refer to the hours between sunrise and sunset on any given day.
** "Bounding Property Line" shall be interpreted as being at the far side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line.
(1) 
General noise level standards.
The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards:
(a) 
When noise is present at nighttime, subtract 7dB.
(b) 
When noise contains strong pure-tone components or is impulsive, that is when meter changes at 10 decibels or more per second, subtract 7dB.
(c) 
When noise is present for not more than the following, add 10dB:
1. 
½ minute in any ½ hour period;
2. 
1 minute in any 1-hour period;
3. 
10 minutes in any 2-hour period;
4. 
20 minutes in any 4-hour period.
(2) 
Measuring noise level.
Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.
(3) 
Exemptions.
The following uses and activities shall be exempt from the noise level regulations herein specified:
(a) 
Noises not directly under control of the property user.
(b) 
Noises emanating from construction and maintenance activities between the hours of 7:00 a.m. and 10:00 p.m.
(c) 
Noises of safety signals, warning devices and emergency pressure relief valves.
(d) 
Transient noise of moving sources such as automobiles, trucks and airplanes.
(e) 
Events sanctioned by the City of Richland Hills.
(B) 
Smoke and particulate matter.
No operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants that at the emission point or within the bounds of the property are:
(1) 
Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the American Society for Testing and Materials, except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building that prevents their escape into the atmosphere.
(2) 
The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.
(3) 
Open storage and open processing operations, including on-site transportation movements that are the source of wind-or air-borne dust or other particulate matter; or that involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1,000 cubic feet of air.
(C) 
Odorous matter.
(1) 
No use shall be located or operated that involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold shall be established as a nuisance that would offend a person of average sensibilities.
(2) 
The odor threshold as herein set forth shall be determined by observation by a person. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials (ASTM) shall be followed.
(D) 
Fire or explosive hazard material.
(1) 
No use involving the manufacture or storage of compounds or products that decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshal of the City of Richland Hills who has determined compliance with the fire code.
(2) 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the adopted fire code.
(E) 
Toxic and noxious matter.
No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter that will exceed ten percent of the concentration considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3", a copy of which is hereby incorporated by reference.
(F) 
Vibration.
No operation or use shall at any time create earthborne vibrations that, when measured at the bounding property line of the source operation, exceed the limits of displacement set forth in the following table in the frequency ranges specified:
Table 4. Vibration Measurement
Frequency Cycles per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(G) 
Lighting.
Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.
(1) 
Nonresidential site lighting and glare standards.
(a) 
Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property or to be offensive to a person of average sensibilities. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.
(b) 
All off-street parking areas for nonresidential uses in nonresidential districts that are used after dark shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:
1. 
Intensity.
A. 
Minimum at any point on the parking area surface to be at least 0.6 foot candles initial, and at least 0.3 foot candles maintained or one-third of the average, whichever is greater.
B. 
Illumination shall not exceed an average of one foot candle at ground level and shall distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned area.
2. 
Height.
A. 
The maximum height of light poles shall conform to the maximum height allowed for the main building in each zoning district.
B. 
Special lighting or lighting higher than the height allowed in the applicable zoning district may be approved by city council as specifically noted on the site plan.
(2) 
Residential lighting and glare standards.
Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:
(a) 
Direct lighting over ten feet in height is shielded from adjacent property.
(b) 
No light source shall exceed 20 feet in height. Street lights and other traffic safety lighting are exempt from this standard.
(c) 
Lighting shall not directly shine on adjacent dwellings.
(3) 
Luminaires.
Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and maintained so as to reduce glare effect (i.e., minimum 70 degrees] cutoff when measured from horizontal) and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above 75 watts and strings of lamps are prohibited, except for temporary lighting as provided in the section below.
(4) 
Special or temporary lighting - low wattage.
Bare bulbs or strings of lamps are prohibited, except for the following cases:
(a) 
During holidays special lighting shall be permitted for a maximum time period of 45 days for each holiday used; and
(b) 
Strings of lamps are permitted for use as cafe patio lights.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]