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.
[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.
(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.
(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.
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.
(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.
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
 |
(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
 |
(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
 |
(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
 |
 |
(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:
(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.
(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:
(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:
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
