Exhibit 14A Zoning Ordinance

ORDINANCE NO. 69-01

AN ORDINANCE REPEALING CHAPTER 11 OF THE [1987] TOWN OF EDGECLIFF VILLAGE CITY CODE (THE ZONING ORDINANCE) AND REPLACING IT WITH THE FOLLOWING ZONING ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town of Edgecliff Village, Texas is a Type A General Law Municipality located in Tarrant County, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and

WHEREAS, pursuant to Chapter 211 of the Local Government Code, the Town has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and

WHEREAS, a public hearing was duly, held by the Planning and Zoning Commission of the Town of Edgecliff Village on the 10th day, of January, 2001, and by the Board of Aldermen of the Town of Edgecliff Village on the 10th day [of] January, 2001, with respect to the zoning regulations described herein; and

WHEREAS, all requirements of law dealing with notice to other property owners, publication, and all procedural requirements have been complied with in accordance with the comprehensive zoning ordinance and Chapter 211 of the Local Government Code; and

WHEREAS, the Town of Edgecliff Village, Texas does hereby deem it advisable and in the public interest to repeal and replace the Comprehensive Zoning Ordinance, as described herein.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF EDGECLIFF VILLAGE, TEXAS:

SECTION 1.

Chapter 11 of the [1987] Town of Edgecliff Village City Code, as amended, is repealed in its entirety and replaced with the following:

DIVISION 1 ZONING

§ 1 TITLE OF ORDINANCE.

This Ordinance shall be known and may be cited as the “Zoning Ordinance of the Town of Edgecliff Village, Texas.”

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-11, sec. 1, adopted 11/10/11)

§ 2 INTENT AND PURPOSES.

The provisions of this Ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the Town of Edgecliff Village and have been designed, among other things, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and pure air, to avoid undue concentration of population, and to facilitate adequate provisions for transportation, water, wastewater, schools, parking areas and other public requirements.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-11, sec. 1, adopted 11/10/11)

§ 3 SCOPE.

It is not the intent of this Ordinance to repeal, annul, impair or interfere with existing provisions of other laws or ordinances, except as the same may be specifically repealed by the terms of this Ordinance, or with private restrictions placed upon property by covenant, deed, easement or other private agreement. Where this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by other laws, ordinances, deeds, covenants or agreements, the provisions of this Ordinance shall govern.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-11, sec. 1, adopted 11/10/11)

§ 4 INTERPRETATION OF ZONING ORDINANCE.

4.1

GENERAL INTERPRETATIONS.

The Zoning Administrator is charged with the administration and interpretation of this ordinance. In the event that this ordinance or any provision hereof is unclear as to its applicability to any property or person, the Zoning Administrator shall render an interpretation of such ordinance or provision after taking into consideration the purpose and intent of the ordinance as a whole.

4.2

CLASSIFICATION OF NEW AND UNLISTED USES.

It is recognized that new types of land uses may develop or forms of land uses not anticipated when this ordinance was adopted may seek to locate in the town. In order to provide for such changes and contingencies, the zoning administrator shall make a determination as to the appropriate zoning classification of any new or unlisted form of land use. The zoning administrator shall consider the nature and performance of the proposed use and its compatibility with the uses permitted in the various zoning districts in determining which zoning district or districts in which such use should be permitted in. The zoning administrator shall take into consideration all elements of the proposed use, including but not limited to traffic impact, parking requirements, building size, outside storage or display, possible noise, odor, dust, fumes, and vibration and general requirements for public utilities such as water and sanitary sewer.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-11, sec. 1, adopted 11/10/11)

§ 5 DEFINITIONS.

5.1

INTERPRETATIONS OF CERTAIN WORDS AND PHRASES.

For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows:

The word person includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

The present tense includes the future tenses, the singular number includes the plural, and the plural number includes the singular, unless the context clearly indicates otherwise.

The word shall is mandatory, the word may is permissive.

The word should is considered suggestive or recommended.

The word used or occupied includes the words intended, designed, or arranged to be used or occupied.

The word lot includes the words plot, parcel, or tract of land.

The word building includes the word structure.

5.2

DEFINITIONS.

For the purposes of this Ordinance, certain terms and words are defined and interpreted as follows:

Abutting, Adjacent, Adjoining:

Contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across an alley but shall not include property across a street.

Alley:

A public minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Antenna:

Any apparatus, external to, or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves.

Apartment:

A room or suite of rooms in a multiple-family structure arranged, designed, or occupied as a dwelling unit residence by a single family, individual, or group of individuals.

Apartment, Hotel:

A multiple-family dwelling which furnishes, for the use of its tenants, services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

Building:

Any structure built for the support, shelter and/or enclosure of persons, animals, chattels or movable property of any kind.

Building Area:

The portion of a lot remaining after required yards have been provided.

Building, Height of:

The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided, however, that where buildings are set back from the street line, the height of the building may be measured from the ground level of the lowest point (foundation) to the highest point of the roof elevation of the finished grade along the front of the building.

Building Line:

Front: A line parallel or approximately parallel to the street right-of-way line at a specific distance therefrom marking the minimum distance from the street right-of-way line that a building may be erected. Side: A similar line parallel to the side lot line.

Building Permit:

An official document or certificate issued by the Town of Edgecliff Village authorizing erection, construction, renovation, maintenance, or any other specified activity on any building, structure or land, or on any installations or facilities therein. The term “building permit” shall include but not be limited to building permits, electrical permits, mechanical permits and plumbing permits.

Business:

Includes local retail, commercial, industrial and manufacturing uses and districts as herein defined.

Certificate of Occupancy:

An official certificate issued by the Town which indicates conformance with building, zoning and health and safety regulations and authorizes legal use and occupancy of the premises for which it is issued.

Child Care Facility:

A facility that provides care or supervision for children who are not related by blood, marriage, or adoption to the owner or operator of the facility for less than 24 hours a day for more than 12 children under the age of 14, whether or not the facility is operated for profit or charges for the services it offers.

Courtyard:

An open and unoccupied space other than a yard, on the same lot with a building that is bounded on three or more sides by the building.

District (Zoning):

A section of the Town of Edgecliff Village for which the regulations governing the use, area, height and other development of land and buildings are uniform for each type and class of structure or use.

Drive-in Restaurant, Retail Facilities or Refreshment Stand:

Any establishment consisting of a permanent structure with public bathroom facilities where prepared foods, meals, or beverages are dispensed for consumption outside the building.

Duplex:

A detached or semidetached building arranged, intended or designed for occupancy by not more than two families.

Dwelling, Manufactured Home:

A structure constructed on or after June 15, 1976, according to the rules of the United State Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle.

Dwellings, Multiple-Family:

A building or portion thereof arranged, intended or designed for occupancy by three or more families, including, but not limited to, apartments, condominiums and townhouses.

Dwelling, One-Family:

A detached building, other than a mobile home or manufactured home, arranged, intended or designed for occupancy by one family.

Dwelling Unit:

A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping.

Employee or Family Quarters:

A utility building located on the same lot or grounds with the main building, and used as living quarters for persons employed on the premises or by the family of the owner of the premises and not rented or otherwise used as a separate domicile.

Frontage:

On interior lots, the front of a lot shall be construed as the portion nearest the street. On corner lots, the front of a lot shall be construed as the shortest boundary adjacent to a street. If the lot has equal frontage on two or more streets, frontage shall be construed in accordance with the prevailing building pattern, or the prevailing lot pattern if a building pattern has not been established, at the option of the applicant. On through lots, all portions adjacent to streets shall be considered in establishing frontage for regulatory purposes.

Garage:

An enclosed building primarily for storage of motor vehicles, recreational vehicles, and household goods owned and used by the owners or tenants of the premises.

Garage, Public:

A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

Garage, Storage Parking:

A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.

Home Occupation:

An occupation or business conducted in a dwelling unit and meeting the requirements of Section 20.8.

Hotel or Motel:

A building or arrangement of buildings designed and occupied as temporary quarters for individuals who are lodged, in which the rooms are usually occupied single for hire, and in which there are no provisions for cooking in individual rooms. A hotel includes a tourist hotel, a motor hotel, a motel, and an apartment hotel.

Kennel:

A commercial establishment (with indoor and/or outdoor pens and runs) in which dogs, cats, or other domestic animals are housed, boarded, groomed, bred, trained, or sold for a fee or compensation.

Nursery School:

A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Lot:

A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required, and having frontage on an approved public or private street.

Lot Coverage:

The percentage of the total area of a lot occupied by the first story or ground floor of all buildings located on the lot.

Lot Depth:

The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot Types:

The diagram as set forth in Figure 1 and included as Exhibit “B” provides illustrated terminology used in this Ordinance with reference to corner lots, interior lots, reversed frontage lots and through lots.

Editor’s note–Exhibit B, referred to in the above subsection, is not printed herein.

Lot Width:

The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80-percent requirement shall not apply.

Masonry:

Shall be limited to stone, brick, concrete masonry units, concrete panel construction, or stucco. However, smooth or untextured concrete finishes are not allowed.

Outdoor Commercial Amusement Enterprise:

An amusement enterprise offering entertainment of [or] games of skill to the general public for a fee or charge wherein any portion of the activity takes place outdoors.

Patios:

An exterior space attached to main residence with a covering used for outdoor lounging, dining, etc., not to exceed 50% of the length of the main building and must be open on at least three sides.

Permitted Use:

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Premises:

Land together with any buildings or structures occupying it.

Private Club:

An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.

Recreational Vehicle:

Shall include a travel trailer, camper, motor home, four-wheeler, three-wheeler, off-road motorcycle, boat, jet ski, or other similar recreational device.

Religious Institution:

A building for which the primary purpose is use as a public place of worship.

Reversed Frontage:

A lot that has setback lines on both streets equal to the front setback line as required by the Zoning Ordinance, unless such lots align back-to-back which would allow both lots to show a side yard setback along the side street.

Stable, Riding:

A structure in which horses or mules used for pleasure riding or driving are housed, boarded or kept for hire, including a riding track.

Story:

The height between successive floors of a building or from the top floor to the roof. The standard height for one story is 11.6 feet. In no circumstances shall one story be considered more than 14 feet, for purposes of this ordinance.

Street:

A public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the Town for public use and which affords a principal means of access (vehicular or otherwise) to abutting property.

Structural Alteration:

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the Building Code, as adopted.

Structure:

Anything constructed or erected with a fixed location on the ground or that it is attached to something having a location on the ground.

Tract:

An unplatted parcel of land described by metes and bounds and typically recorded in the County deed records.

Utility Building:

A subordinate building having a use customarily incidental to and located on the same lot occupied by the main building; or a use customarily incidental to the main or principal use of the property. A building housing an accessory use is not a utility building, but instead 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 “garage” shall not be considered a “utility building.”

Yard:

A required open space, other than a courtyard, that is unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided accessories, ornaments, furniture, and roof overhangs not exceeding 30 inches, may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front:

A yard extending between side lots across the front of a lot adjoining a public street. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of 30 inches and ten feet. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.

Yard, Rear:

A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

In cases where a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum rear yard requirement shall be the distance from the rearmost point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines, providing that the rear yard is parallel to at least one lot line along the rear of the lot.

Yard, Side:

A yard extending from the rear line of the required front yard to the front of the required rear yard, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required.

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Zoning Administrator:

The Town Secretary of the Town of Edgecliff Village, or the Town Secretary’s designee.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-11, sec. 1, adopted 11/10/11)

§ 6 DISTRICTS AND DISTRICT BOUNDARIES.

6.1

DISTRICTS.

In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the Town of Edgecliff Village is hereby divided into zoning districts to be known as follows:

“E1” One-Family District, or District “E1”

“E2” One-Family District, or District “E2”

“E3” One-Family District, or District “E3”

“E4” One-Family District, or District “E4”

“D” Duplex District, or District “D”

“MF” Multiple-Family District, or District “MF”

“CF” Community Facilities District, or District “CF”

“O” Office District, or District “O”

“C” Commercial and Retail District, or District “C”

“I” Industrial District, or District “I”

“PD” Planned Development District, or District “PD”

By establishing these development criteria, prospective developers can best understand the goals and objectives of the residents. A detailed set of use restrictions and district requirements shall be established within this Ordinance in order to implement the comprehensive plan.

6.2

ZONING MAP.

The districts aforesaid, and the boundaries of such districts, shall be as hereinafter described, and as shown upon the map attached hereto as Exhibit “A,” and made a part of this Ordinance, said map being designated “Zoning Map of the Town of Edgecliff Village, Texas” and said map and all notations, references and other information shown thereon shall be a part of this Ordinance the same as if all such matters and information were fully described herein. The original of said map shall bear the effective date of the passage and approval of this Ordinance and shall be signed by the Mayor and attested by the Town Secretary, under the seal of the Town of Edgecliff Village, Texas. Said original map and all amendments thereto shall be kept in the office of Town Secretary in the Edgecliff Town Hall, and a replica thereof shall be produced upon paper in such reduced scale as will permit its being attached to this Ordinance.

Editor’s note–Exhibit A, referred to in the above subsection, is not printed herein.

6.3

PERMITTED USES.

All uses permitted in a particular zoning district are specifically listed in each district. Any use not expressly listed is prohibited unless such use is allowed pursuant to an interpretation of the Zoning Administrator as provided in Section 4. No building or structure shall hereafter be erected, reconstructed, altered, enlarged or moved onto a lot, nor shall any building or land be used, for any purpose other than is permitted in the district in which such building or land is located.

6.4

COMPLIANCE WITH DEVELOPMENT REGULATIONS.

No building or structure that is hereafter erected, reconstructed, altered, enlarged, or moved onto a lot shall exceed the height, setback, floor area, lot coverage, density or other development regulations of the district in which it is located.

6.5

ONE DWELLING LIMIT.

In no case shall there be more than one dwelling on a lot except as otherwise provided in this ordinance.

6.6

BUILDING ACROSS LOT LINES.

No building or structure may be constructed across platted lot lines unless a revised plat is approved and filed of record.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-07, sec. 1(A), adopted 5/10/07; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-11, sec. 2, adopted 11/10/11; Ordinance 69-11, sec. 3, adopted 11/10/11; Ordinance 69-11, sec. 4, adopted 11/10/11; Ordinance 69-11, sec. 5, adopted 11/10/11; Ordinance 69-11, sec. 6, adopted 11/10/11)

§ 7 ESTATE DISTRICTS.

7.1

PURPOSE AND INTENT.

The purpose and intent of the Estate Districts are to provide for compatible land, building, and, uses primarily oriented to low density residential purposes, select agricultural uses and select community facility uses. Low density detached single-family residential dwellings and development, along with the afore-described uses, comprise the principal elements of these districts.

7.2

PERMITTED USES.

Agricultural Uses - Agricultural uses whose products are grown primarily for home consumption, such as domestic gardening, berry or bush crops, flower gardening, orchards, and aviaries.

Residential Uses - Single-family detached dwellings.

Community Facility Uses.

7.3

CONDITIONAL USES.

The following uses require a conditional use permit (see Section 16).

Religious institution.

School - nursery, primary, or secondary.

Gas drilling and production.

7.4

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

7.5

DEVELOPMENT REGULATIONS.

“E1” Estate District 1

Width of Lot:

The width of a lot shall be a minimum of 100 feet.

Lot Area:

Minimum lot area shall in no case be less than 17,000 square feet.

Height:

The building height shall not exceed two stories.

Floor Space:

Each residence shall contain a minimum of 2,400 square feet of livable floor space, exclusive of garages, porches, and breezeways.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 50 feet in order to promote the appearance of a large-lot estate home.

Rear Yard Setback:

A rear yard shall have a depth of not less than 25 percent of the depth of the lot, provided such yard need not exceed 25 feet.

Side Yard:

The side yard is to have a minimum of 7-1/2 feet on each side of the residence.

Utility Building:

A utility building built in a rear yard shall not be erected less than 7-1/2 feet from any property line. The maximum size of the utility building shall not exceed 1000 square feet. The height of the utility building shall be restricted to one story.

Maximum Lot Coverage:

The total coverage for all buildings, structures, and driveways shall not exceed 50 percent of the lot area.

10.

Masonry:

Any residence shall be constructed of 90 percent masonry, excluding opening for windows and doors.

11.

Garages:

There shall be a minimum two-car enclosed and attached or detached side entry or rear entry garage per unit. The garage shall be fitted with an automatic garage door opener, and the garage door shall be constructed of at least medium gauge nonwood product. The garage shall be constructed of 90 percent masonry, excluding openings for windows and doors. The setback requirements for garages are those set forth in Section 7.5.a.5., 6. and 7.

12.

Carports:

Prohibited.

13.

Chimneys:

Any chimney extending above the roof line shall be constructed of masonry materials.

14.

Roof:

All structures shall have a minimum roof pitch of 5:12. The predominant finish material for roofs shall be composition shingles, standing seam metal, slate, clay tiles, hardishake, fiberglass, or similar materials. Wooden shingles or reflective metal surfaces are prohibited.

15.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

16.

Patios:

Patios allowed to encroach a maximum of eleven (11) feet into the required rear yard.

“E2” Estate District 2

Width of Lot:

The width of a lot shall be a minimum of 100 feet.

Lot Area:

Minimum lot area shall in no case be less than 12,000 square feet.

Height:

The building height shall not exceed two stories.

Floor Space:

Each, residence shall contain a minimum of 2,400 square feet of livable floor space, exclusive of garages, porches and breezeways.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet in order to promote the appearance of a quality residential neighborhood on large lots.

Rear Yard Setback:

A rear yard shall have a depth of not less than 25 percent of the depth of the lot, provided such yard need not exceed 25 feet.

Side Yard:

The side yard is to have a minimum of 7-1/2 feet on each side of the residence.

Utility Building:

A utility building built in a rear yard shall not be erected less than 7-1/2 feet from any property line. The maximum size of the utility building shall not exceed 800 square feet. The height of the utility building shall be restricted to one story.

Maximum Lot Coverage:

The total coverage for all buildings, structures, and driveways shall not exceed 50 percent of the lot area.

10.

Masonry:

Any residence shall be constructed of 90 percent masonry, excluding opening for windows and doors.

11.

Garages:

12.

Carports:

Prohibited.

13.

Chimneys:

Any chimney extending above the roof line shall be constructed of masonry materials.

14.

Roof:

15.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

16.

Patios:

Patios allowed to encroach a maximum of eleven (11) feet into the required rear yard.

“E3” Estate District 3

Width of Lot:

The width of a lot shall be a minimum of 70 feet.

Lot Area:

Minimum lot area shall in no case be less than 8,400 square feet.

Height:

The building height shall not exceed two stories.

Floor Space:

Each residence shall contain a minimum of 1,600 square feet of livable floor space, exclusive of garages, porches and breezeways.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet in order to promote the appearance of a quality residential neighborhood.

Rear Yard Setback:

A rear yard shall have a depth of not less than 25 percent of the depth of the lot, provided such yard need not exceed 25 feet.

Side Yard:

The side yard is to have a minimum of 7-1/2 feet on each side of the residence.

Utility Building:

A utility building built in a rear yard shall not be erected less than 7-1/2 feet from any property line. The maximum size of the utility building shall not exceed 320 square feet. The height of the utility building shall be restricted to one story.

Maximum Lot Coverage:

All buildings or structures shall have a maximum lot coverage not exceeding 50 percent of the lot area.

10.

Masonry:

Any residence shall be constructed of 90 percent masonry, excluding opening for windows and doors.

11.

Garages:

There shall be a minimum two-car enclosed and attached garage per unit. The garage shall be fitted with an automatic garage door opener, and the garage door shall be constructed of at least medium gauge nonwood product. The setback requirements for garages are those set forth in Section 7.5.c.5. and 6.

12.

Carports:

Prohibited.

13.

Chimneys:

Any chimney extending above the roof line shall be constructed of masonry materials.

14.

Roof:

15.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

16.

Patios:

Patios allowed to encroach a maximum of eleven (11) feet into the required rear yard.

“E4” Estate District 4

Width of Lot:

The width of a lot shall be a minimum of 60 feet.

Lot Area:

Minimum lot area shall in no case be less than 6,600 square feet.

Height:

The building height shall not exceed two stories.

Floor Space:

Each residence shall contain a minimum of 1,500 square feet of livable floor space, exclusive of garages, porches and breezeways.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet in order to promote the appearance of a quality residential neighborhood.

Rear Yard Setback:

A rear yard shall have a depth of not less than 25 percent of the depth of the lot, provided such yard need not exceed 25 feet.

Side Yard:

The side yard is to have a minimum of 7-1/2 feet on each side of the residence.

Utility Building:

A utility building built in a rear yard shall not be erected less than 7-1/2 feet from any property line. The maximum size of the utility building shall not exceed 160 square feet. The height of the utility building shall be restricted to one story.

Maximum Lot Coverage:

All buildings or structures shall have a maximum lot coverage not exceeding 50 percent of the lot area.

10.

Masonry:

Any residence shall be constructed of 90 percent masonry, excluding opening for windows and doors.

11.

Garages:

12.

Carports:

Prohibited.

13.

Chimneys:

Any chimney extending above the roof line shall be constructed of masonry materials.

14.

Roof:

All structures shall have a minimum roof pitch of 5:12. The predominant finish material for roofs shall be composition shingles, standing seam metal, slate, clay tiles, hardishake, fiberglass, or similar, materials. Wooden shingles or reflective metal surfaces are prohibited.

15.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

16.

Patios:

Patios allowed to encroach a maximum of eleven (11) feet into the required rear yard.

§ 8 “D” DUPLEX DISTRICT.

8.1

PURPOSE AND INTENT.

The purpose and intent of the “D” Duplex District is to provide compatible land, building, and structure uses primarily oriented to moderately low density residential purposes and select community facility uses. This district is the most restrictive of the family districts and is intended for duplex use. This district is intended for zones of transition from the single-family zone to higher density residential or commercial uses. Moderately low density detached duplex residential dwellings and development, along with the afore-described uses, comprise the principal elements of the district.

8.2

PERMITTED USES.

Two-family dwellings.

Community facility uses.

8.3

CONDITIONAL USES.

The following uses require a conditional use permit (see Section 16).

Religious institution.

School - nursery, primary, or secondary.

Gas drilling and production.

8.4

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

8.5

DEVELOPMENT REGULATIONS:

Width of Lot:

The width of a lot shall be a minimum of 120 feet.

Lot Area:

Minimum lot area shall in no case be less than 15,000 square feet.

Height:

The building height shall not exceed one story.

Floor Space:

Each unit shall contain a minimum of 1,400 square feet of livable floor space, exclusive of garage, porches, and breezeways, incidental storage.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet.

Rear Yard Setback:

A rear yard shall have a depth of not less than 25 feet.

Side Yard:

The side yard is to have a minimum of ten feet on each side of the main building.

Utility Building:

The maximum size of the utility building shall not exceed 160 square feet per unit. The height of the utility building shall be restricted to one story. The utility building shall not be erected closer than 7-1/2 feet from any property line.

Maximum Lot Coverage:

The total coverage from all buildings, structures, and driveways shall not exceed 50 percent of the lot area.

Masonry:

Any duplex shall be constructed of 90 percent masonry, excluding opening for windows and doors.

Garages:

There shall be a minimum two-car enclosed and attached side entry or rear entry garage per unit. The garage shall be fitted with an automatic garage door opener, and the garage door shall be constructed of at least medium gauge non-wood product.

Carports:

Prohibited.

Driveways:

There shall be separate driveway or approach for each unit.

Chimneys:

Any chimney extending above the roof line shall be constructed of masonry materials.

Roof:

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-07, sec. 1(B), adopted 5/10/07)

§ 9 “MF” MULTIFAMILY DISTRICT.

9.1

INTENT.

The purpose and intent of the “MF” Multifamily District is to provide an opportunity for high quality, higher density housing as an option for residents in the town which maintains an elite residential appearance.

9.2

PERMITTED USES.

Multiple-family dwellings.

Community facility uses.

Child care facilities.

9.3

CONDITIONAL USES.

The following uses require a conditional use permit (see Section 16).

Religious institution.

School - nursery, primary, or secondary.

Gas drilling and production.

9.4

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

9.5

DEVELOPMENT PLAN.

No zoning change or building permit shall be issued until the Board of Aldermen has approved a Development Plan meeting the requirements of Section 15 of this Ordinance after recommendation by the Planning and Zoning Commission.

9.6

DEVELOPMENT REGULATIONS:

Height:

The building height shall not exceed two stories.

Floor Space:

Each dwelling shall contain a minimum of 800 square feet of livable floor space, with an overall average per development of 1000 square feet of livable floor space per unit, exclusive of garages, porches and breezeways.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet.

Rear Yard Setback:

A rear yard shall have a depth of not less than 25 feet, except when the building is adjacent to existing or zoned duplex or single-family residences, in which case the rear yard shall have a depth of not less than 50 feet.

Side Yard:

the side yard is to have a minimum of ten feet on each side of the main building.

Utility Building:

Prohibited.

Maximum Lot Coverage:

The maximum portion of the lot area which may be covered by the footprint of the main building (including garages, porches, and breezeways) shall not exceed 50 percent. In no case may more than 18 dwelling units be allowed per acre.

Masonry:

At least 90 percent of the exterior wall area of every building shall be constructed of masonry. The exterior wall area shall consist of all walls on the outside of the structure, including garages, porches, etc., but shall not include passageway and garage doors and window areas.

Chimneys:

Any chimney extending above the roof line shall be constructed of masonry materials.

Roof:

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

Recreational Vehicles and Trailers:

Parking of recreational vehicles and trailers is prohibited.

Required Amenities:

A minimum of 25 percent of the site area shall be open for recreational facilities, and landscaping.

High quality site recreation and design standards shall be developed. Examples of such facilities shall include, but not be limited to, tennis courts, basketball courts, swimming pools, hot tubs, clubhouse, community center, game rooms, children’s playground, exercise facilities, etc.

A method for providing automobile and resident security and safety, including installation, of security/screening fencing as required by section 18.2(q) [18.3(p)], below, and access to the development only through a gated entry or entries that has a keypad or other similar means of limiting access to tenants and their designated guests.

All pool deck areas and first-floor front and rear patios shall be constructed of brick pavers, concrete pavers, paving stones, embossed concrete, exposed aggregate concrete or colored concrete.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-07, sec. 1(C), adopted 5/10/07; Ordinance 69-01-01 adopted 7/31/01)

§ 10 “CF” COMMUNITY FACILITIES DISTRICT.

10.1

PURPOSE AND INTENT.

The purpose and intent of the “CF” Community Facilities District is to accommodate those governmental, institutional, recreational, and related uses that are established in response to the health, safety, educational or welfare needs of the Town.

10.2

PERMITTED USES.

Public, semipublic and private parks.

Recreation and open space, including playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, nature centers, bird and wildlife sanctuaries.

Swimming pools and game courts.

Town hall, fire station, police station, community center, maintenance facility, animal shelter, and other municipal uses.

Government office facility.

Museum, library, or fine art center.

University, college, or junior college.

Religious institution.

Electric power substation.

Water supply, treatment, or storage facility.

Wastewater treatment facility.

10.3

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

10.3.1

CONDITIONAL USES.

The following uses are permitted upon obtaining a conditional use permit as provided in Section 16, below:

Gas drilling and production.

10.4

DEVELOPMENT REGULATIONS:

Front Yard Setback:

When adjacent to or across the street from a one-family residence or duplex, an “E-1,” “E-2,” “E-3,” “E-4,” or “D” zoning district, or any residential portion of a “PD” zoning district, the front yard building line shall be established at a distance of not less than 25 feet. Otherwise, the front yard building line shall be established at a distance of not less than 10 feet.

Rear Yard Setback:

When adjacent to or backing up to a one-family residence or duplex, an “E-1,” “E-2,” “E-3,” “E-4,” or “D” zoning district, or any residential portion of a “PD” zoning district, the rear yard building line shall be established at a distance of not less than 25 feet. Otherwise, the rear yard building line shall be established at a distance of not less than 10 feet.

Side Yard:

When adjacent to a one-family residence or duplex, an “E-1,” “E-2,” “E-3,” “E-4,” or “D” zoning district, or any residential portion of a “PD” zoning district, the side yard building line shall be established at a distance of not less than 10 feet. Otherwise, the side yard building line shall be established at a distance of not less than 5 feet.

Editor’s note–Subsections b. and c. hereof were numbered f. and g. in the original ordinance and changed at the discretion of the editor.

(Ordinance 69-01 adopted 1/16/01; Ordinance 69-07, sec. 1(D), adopted 5/10/07)

§ 11 “O” OFFICE DISTRICT.

11.1

INTENT.

The “O” Office District is intended to convey the image of a high quality, low rise area comprised of multi-tenant, masonry buildings which have business uses compatible with surrounding and adjacent land uses.

11.2

PERMITTED USES.

Banks or savings and loan institutions, credit unions or similar financial institutions

Child care facilities

Clinics, medical

Community facility uses

Office, business or professional

Office, medical or dental

11.3

CONDITIONAL USES.

The following uses are permitted upon obtaining a conditional use permit, as provided in Section 16, below.

Coffee shop

Gift shop/news/notions stand

Optician/optometrist

Religious institution

Gas drilling and production.

11.4

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

11.5

DEVELOPMENT PLAN.

No zoning change or building permit shall be issued until the Board of Aldermen has approved a Development Plan after recommendation by the Planning and Zoning Commission.

11.6

DEVELOPMENT REGULATIONS.

Height:

No building shall exceed 45 feet in height.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet.

Rear Yard Setback:

A rear yard building line shall be established at a distance of not less than 25 feet when adjacent to residential districts, whether separated by an alley or not. No rear yard setback is required when adjacent to office, commercial, or industrial districts.

Side Yard Setback:

A side yard building line shall be established at a distance of not less than 10 feet when adjacent to residential districts, whether separated by an alley or not, and when adjacent to a street. No side yard setback is required when adjacent to office, commercial or industrial districts.

Masonry:

All structures shall be constructed of 90 percent masonry exclusive of windows, doors, and roof material. All masonry, building facade, and roof colors shall be light to medium earth tones ranging from light beige to medium, including earth yellows, tans, gray/beige, ochres, rust, etc.

Carports:

Prohibited.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

Editor’s note–Subsection g. hereof was numbered f. in the original ordinance and changed at the discretion of the editor.

(Ordinance 69-01 adopted 1/16/01; Ordinance 69-07, sec. 1(E), adopted 5/10/07)

§ 12 “C” COMMERCIAL AND RETAIL DISTRICT.

12.1

INTENT.

The “C” Commercial and Retail District is intended to have the appearance of high quality, well designed, contemporary shopping areas, having different size stores and shops.

12.2

PERMITTED USES.

Antiques

Appliance sales

Arcade (video/game)

Art gallery or museum

Auto parts and accessory sales (new retail only)

Auto supply store

Bakery sales

Banks or savings and loan institutions, credit unions or similar financial institutions (with or without drive-thru)

Barber or beauty shop (with proper disposal of chemicals)

Child care facilities

Commercial carwash

Community facility uses

Department store

Direct retail sales, rental, or repair businesses

Drapery, sewing or weaving shop

Drive-in or drive-thru restaurant with or without outdoor seating, retail facilities, or refreshment stand

Drugstore or pharmacy

Educational uses, including but not limited to facilities offering adult continuing education and language classes

Electronics, sale or repair shop

Florist shop

Fraternal lodge or union hall Furniture store

Grocery store

Handicraft shop and art objects

Hardware or hobby shop Internet cafe

Mail shop

Medical appliances (sale/rent)

Medical uses and related accessory uses, including but not limited to medical clinics, medical offices, emergency clinics, dental offices, and hospitals

Office, business or professional

Office services, such as copying, faxing, computer and mail/delivery services

Pet shop

Photograph (with proper disposal of all chemicals)

Restaurant (with indoor seating area)

Rental Store (DVD or video)

Self-storage facility

Service businesses, including but not limited to title companies, law offices, broker offices, establishments that offer music lessons, and other similar uses

Studio, artist, photographer, fitness, music, dance, or drama Swim, tennis or handball club, and health club

Travel bureau or consultant

Veterinarian Clinic (outdoor boarding of animals or livestock prohibited)

Video store

12.3

CONDITIONAL USES.

The following uses are permitted upon obtaining a conditional use permit, as provided in Section 16, below.

Automotive/Truck rental services

Convenience store (with or without automotive sales)

Gasoline or motor fuels sales

Greenhouse or plant nursery (on-premises sales)

Health club

Hospital

Laboratory, medical or dental

Mortuary or funeral home Pawnshop

Plumbing shop

Refreshment stand (not a permanent structure and/or no bathroom facilities)

Religious institutions

Supercenter stores

Gas drilling and production.

12.4

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

12.5

DEVELOPMENT PLAN.

No zoning change or building permit shall be issued until the Board of Aldermen has approved a Development Plan after recommendation by the Planning and Zoning Commission.

12.6

DEVELOPMENT REGULATIONS.

Outside storage or display of goods, wares or merchandise:

Prohibited.

Height:

No building shall exceed 36 feet in height.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 25 feet.

Rear Yard Setback:

Side Yard Setback:

A side yard building line shall be established at a distance of not less than 10 feet when adjacent to residential districts, whether operated by an alley or not, and when adjacent to a street. No side yard setback is required when adjacent to office, commercial, or industrial districts.

Masonry and Glass:

All structures shall be constructed of 90 percent masonry exclusive of windows, doors and roof material. All masonry, building facade, and roof colors shall be light to medium earth tones ranging from light beige to medium, including earth yellows, gray/beige, ochres, rusts, etc. To maximize the visibility of display windows, light tinted glass shall be permitted; however, mirror glass shall be prohibited.

Carport:

Prohibited.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

12.7

ADDITIONAL REQUIREMENTS.

All permitted and conditional uses allowed in this section that are located adjacent to residentially zoned property shall further be subject to the following requirement:

Any outdoor lighting shall be directed away from adjacent residential property.

(Ordinance 69-01-01 adopted 7/31/01; Ordinance 69-05A, sec. 1, adopted 3/3/05; Ordinance 69-05A, sec. 2, adopted 3/3/05; Ordinance 69-07, sec. 1(F), adopted 5/10/07; Ordinance 69-08, sec. 1, adopted 4/10/08)

§ 13 “I” INDUSTRIAL DISTRICT.

13.1

PURPOSE.

The purpose of this district is to regulate those uses of the land that involve the manufacturing, assembly, processing, storage and/or distribution, sale and repair of materials, goods, parts, products, equipment, machinery, and other such operations incidental to industrial uses, including office warehouses.

13.2

PERMITTED USES.

Animal pound, private

Auto glass, seat cover, muffler shop

Auto, new or used sales

Auto painting or body shop

Auto parts and accessory sales (with or without outside storage)

Auto repair garage

Bakery or wholesale candy plant

Bottling works

Brick kiln or tile plant Building materials sales

Bus station or terminal

Cabinet and upholstery shop

Cleaning plant, commercial

Clothing or similar manufacturing

Community facilities uses

Contractors, electrical, mechanical, or plumbing (with or without outside storage)

Convenience stores (with or without automotive fuel sales)

Carwash

Electrical generating, substation, transmission line

Gasoline or motor fuels sales

Greenhouse, commercial nursery, or plant saler

Gocery store

Hauling or storage company

Havy machinery sales/repair

Kennel

Laboratory, research or manufacturing

Light manufacturing or assembly

Lithography or print shop

Monument manufacturing

Motorcycle sales and repair

Open storage of commercial goods

Paint shop

Parking lot or structure, commercial auto or trucks/trailers

Petroleum storage/collection

Plumbing shop (with or without outside storage)

Radio, microwave, TV tower

Radio, television station

Self-storage facility Tool repair

Veterinarian (with or without boarding and/or kennels)

Welding or machine shop

Warehouse

Wholesale sales/storage

13.3

CONDITIONAL USES.

The following uses are permitted upon obtaining a conditional use permit, as provided in Section 16, below.

Outdoor commercial amusement enterprise.

Gas drilling and production.

13.4

SPECIAL EXCEPTION USES.

Special exception uses as authorized by the Board of Adjustment under the provisions of Section 20, “Board of Adjustment.”

13.5

DEVELOPMENT PLAN.

No zoning change or building permit shall be issued until the Board of Aldermen has approved a Development Plan after recommendation by the Planning and Zoning Commission.

13.6

DEVELOPMENT REGULATIONS.

Height:

No building shall exceed 50 feet in height.

Front Yard Setback:

A front yard building line shall be established at a distance of not less than 30 feet.

Rear Yard Setback:

A rear yard building line shall be established at a distance of not less than 30 feet.

Side Yard Setback:

A side yard building line shall be established at a distance of not less than 10 feet, and not less than 15 feet when adjacent to a street.

Masonry:

All structures shall be constructed of 90 percent masonry exclusive of windows, doors, and roof material.

Parking:

Parking shall be in compliance with Section 17, “Vehicle Parking Regulations.”

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-07, sec. 1(G), adopted 5/10/07)

§ 14 PLANNED DEVELOPMENT DISTRICT.

14.1

PURPOSE AND INTENT.

The purpose of this district is to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces and circulation patterns, and to best utilize special site features such as topography, size and shape. It is intended that the flexibility permitted by this zoning category extends to discretionary approval, in conjunction with Development Plan or Concept Plan review, not limited to, but including such items as those relating to parking space requirements, building line setbacks, square footage of buildings and structures, and protective screening in order to achieve conformance with good planning practices. This district may also be used to accommodate planned associations of uses developed as integral land use units, including mixed uses, which may be planned, developed and operated either by a single owner or a combination of owners.

14.2

DEVELOPMENT REGULATIONS.

The height, setback, area, floor space, and other development regulations for permissible uses in a PD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which uses are permitted. However, the Town Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties.

Zero lot line development may be permitted for solely residential uses. Where zero lot line development is utilized, no window, door or any kind of opening shall be allowed in the zero lot line wall. The equivalent open space and plantings (normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the development.

When developing a residential PD in phases, the Town Council shall establish in the individual PD ordinance the maximum density permitted in each phase to assure that the maximum density of the entire residential PD is not exceeded once complete buildout is achieved.

The Board of Adjustment may grant variances of up to, but not exceeding, ten percent (10%) of any required setback or lot coverage requirement established by the Town Council in the specific PD regulations at the time of zoning of said Planned Development. This approval shall be per the requirements set forth in Section 20 of the Zoning Ordinance.

14.3

PARKING REGULATIONS.

All parking and vehicle use areas shall be paved with an all-weather surface.

Off-street parking facilities shall be provided at locations designated on the approved Development Plan.

Minimum off-street parking requirements shall be established in the approved Development Plan. Any deviation less than the minimum requirements specified in Section 17 shall require specific approval from the Town Council.

14.4

APPLICATION.

An application for a Planned Development District shall be made to the Zoning Administrator in the same manner that an application for zoning change is made. The application shall be processed according to the procedures specified herein.

Planned Developments shall be given the opportunity at the time of zoning application to select between two alternative processing procedures:

The applicant may choose to submit a Development Plan in conformance with the provisions of this Section and Section 15, and thereby complete all processing requirements at the inception of the zoning action.

The application [applicant] may choose to submit a Concept Plan in accordance with Section 14.5 for the entire Planned Development area.

The zoning application may then be processed and a zoning classification of Planned Development approved on the site by appropriate municipal ordinance. The ordinance will identify the tract as a Planned Development and will identify the types, intensity and density of land uses on the site. The ordinance will provide that no actual construction can commence on any portion of the project until a Development Plan complying with the provisions of this Section has been processed and approved on that specific section or phase of the Planned Development.

14.5

CONCEPT PLAN.

The Concept Plan approach is designed and intended to allow a large development to be approved in concept and then constructed in phases. The Town recognizes that it may not be feasible and it may be unrealistic to require a highly detailed Development Plan to be completed on a very large project when it is recognized that it will be constructed in sections or phases over several years.

An applicant receiving approval of a Concept Plan shall be entitled only to rely on, and implement by subsequently approved Development Plans, the type and overall density of land uses set forth in the approved Concept Plan. Approval of a Concept Plan reflects only zoning approval of the basic concept and may not be implemented until full Development Plan approval on each section or phase has been granted. Approval of a Concept Plan does not reflect the concurrence of the Town to any specific development regulation that is imposed only through the Development Plan, including without limitation those regulations discussed in Section 15.1(h), (i), and (k) through (cc).

A written application for Concept Plan approval shall be filed with the Zoning Administrator on forms prepared by the Town, together with all required documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number as required by the most current submittal policies, and any reasonable information requested by the Zoning Administrator to assist the Town in its review of the application. The application shall be signed by the owner, lessee, developer or option holder of the property. Any Concept Plan application submitted after a submittal deadline has passed will be processed at the next applicable submittal deadline. An application will not be advertised for public hearing nor forwarded to the Planning and Zoning Commission and the Town Council for action until it meets the criteria of a formal submittal.

A Concept Plan shall include all of the following information in graphic representation or written documents as appropriate, and shall be prepared by a registered architect, registered engineer, registered surveyor, or a registered landscape architect:

A preliminary drainage study;

A preliminary major utility layout showing water and sewer mains, etc.;

A proposed major thoroughfare plan;

A legend detailing the minimum area of open space, the maximum density, the percentage of land allotted to each use, and the general location of each use;

North arrow, graphic and written scale in close proximity;

Vicinity map indicating the area in which the property is located;

Appropriate title, i.e., “CONCEPT PLAN FOR __________ Zoning Request”;

Title includes project name, Town, County, State;

Title includes gross acreage and date of preparation;

10.

Provide name and address of owner and/or applicant;

11.

Provide name, address, and phone of consultant who prepared the plan;

12.

Legal description and a survey or plat certified by a registered professional land surveyor showing boundary dimensions, bearings, and existing easements;

13.

Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning;

14.

Adjacent tracts labeled with owner’s name, existing zoning and proposed land use designation;

15.

Conceptual representation of proposed use(s) and generalized representations of proposed improvements;

16.

Conceptual representation of points of connection to public rights-of-way;

17.

Approximate extent of existing tree cover;

18.

Computation of proposed number of dwelling units;

19.

Maximum density (e.g., dwelling units per acre) of the entire development;

20.

Screening and landscaping plan in substantial compliance with Section 18 (or giving cause for variation from requirements of Section 18);

21.

Other information the applicant and/or owner might wish to include; and

22.

Such other information as may reasonably be required by the Town Staff, Planning and Zoning Commission or the Town Council.

After Concept Plan approval, each Development Plan that is submitted for approval of a specific section or phase of the Planned Development shall cover a minimum of fifty (50) acres.

All subsequent Development Plans shall substantially conform to the Concept Plan approved with the zoning application. If, in the opinion of the Zoning Administrator, the Development Plan does not substantially conform to the Concept Plan approved by the Town Council, the applicant shall either seek approval of the revised Concept Plan or a revised Development Plan. Approval of these Plans shall be within the authority of the Town Council upon a recommendation by the Planning & Zoning Commission.

14.6

DEVELOPMENT PLAN.

The Development Plan shall conform to the requirements in Section 15.

Except as otherwise provided in Section 14.5, an application for a Planned Development shall include and be accompanied by a Development Plan which shall become a part of the amending ordinance and shall be referenced on the Official Zoning Map. Changes in the Development Plan shall be considered the same as changes in the Official Zoning Map.

14.7

APPROVAL.

Every Planned Development application shall be considered as an amendment to the zoning ordinance applicable to the property involved. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to the Town Council to approve the application as is, approve it with conditions, or deny the application. The Town Council shall hold a public hearing and approve the application as is, approve it with conditions, or deny the application. All requirements of Chapter 211 of the Local Government Code relating to notices and written protests for changes in zoning districts or regulations shall apply.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-07, sec. 1(H), adopted 5/10/07

§ 15 DEVELOPMENT PLAN.

15.1

DEVELOPMENT PLAN.

When a Development Plan is required by this ordinance, it shall contain the following information:

A scale of 1" = 20', 1" = 40', 1" = 100', or as approved. North arrow, with the graphic and written scale in close proximity.

A small scale location map.

Title stating “Development Plan,” the name of the development or platted lot and block designation, Town, County and State, and date of preparation.

Name and address of the owner/applicant.

Name, address, and phone number of the firm preparing the plan.

Metes and bounds description of the property.

A scale drawing showing an accurate survey or plat of the boundary of the tract.

All building sites or building lots.

Labeled and dimensioned existing on [or] proposed rights-of-way, alleys, streets, easements, school sites, street widening or street changes located on or adjacent to the site.

Adjacent property labeled with the owner’s names, existing zoning, and land use map designations.

All existing or proposed areas for dedication or reservation as parks, parkways, playgrounds, pedestrian walks, or open areas for use by tenants or the public.

The location and size of all, points of ingress and egress to the tract.

The location, type, and height of all walls, fences, and screening devices.

A Site Data Summary Chart (by phase and in total) to include all of the following items that apply:

Existing zoning of this tract and any proposed zoning for this tract;

Gross acreage and net acreage of the project;

Number of proposed lots;

Residential density;

Percentage of site coverage;

Anticipated schedule of development;

Parking and loading spaces required and provided;

Area and percentage of open space; and

Area and percentage of outside storage.

All of the following information that applies, related to existing or proposed buildings:

Location, dimensions, maximum height, number of stories, use or uses contained in the buildings, and gross floor area;

Floor space broken down by use;

Entrances and exits to buildings;

Architectural rendering or elevations of the proposed structures, noting the percent masonry of the structures; and

Distance between buildings and distance from buildings to property lines.

All of the following information that applies, related to parking requirements:

Clear designation of all parking stalls intended for off-street parking and loading;

Dimensions of such parking and loading areas;

Type of surface materials; and

Any intended lighting.

Front, rear, and side building setbacks, width of lot, and maximum lot coverage.

Location, size, height, type, and orientation of signs, lighting luminaires, and exterior auditory speakers. Representative renderings of the particular sign types, facings, material compositions, and colors.

Types of surfacing, such as paving (e.g. concrete, asphalt, brick), turfing, gravel, etc. to be used at various locations.

Nearest fire hydrant and any proposed fire hydrant(s), dimensioned to the nearest property corner(s).

Fire lane width designated with all curb radius adjacent to the fire lane labeled.

Proposed finished grade of the site, shown to contour intervals not exceeding two feet. Spot elevations at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Directional flow arrows in all flow lines, and all existing drainage structures with size, type, and flow line elevation. Centerline of watercourses and existing drainage easements. Note the benchmark used for topographical information, which must correspond to a Town-approved benchmark.

For buildings more than one story in height, except single-family residences and duplexes, elevations and/or perspective drawings may be required to show the relationship of the buildings to adjacent property, open spaces, and other features of the plan. Such drawings need only indicate the height, number of floor, and exposures for access, light, and air.

A summary chart showing all proposed variances to the closest zoning district(s) in which the proposed use(s) would be allowed, showing the existing requirements and the proposed variance.

A label of all intended category of uses.

A depiction of any areas intended for outside storage and location of all trash dumpsters and the method of screening.

aa.

A preliminary plan for development projects influenced by or impacting on floodprone areas, or containing major drainageways or areas prone to flooding by definition of the Town Engineer. This requirement may be waived only upon the recommendation of the Town Engineer.

bb.

A screening and landscaping plan where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, plantings, wooded areas to be retained, and lawns.

cc.

Signature of a qualified engineer.

15.2

CRITERIA FOR REVIEW.

The Planning and Zoning Commission and Board of Aldermen shall review the Development Plan for conformance with applicable ordinances, regulations and codes and for the following factors:

compatibility with existing or permitted uses on abutting sites, including potentially unfavorable effects or impacts on existing or permitted uses on adjacent sites, to the extent that such impacts exceed those that may reasonably result from use of the site by a permitted use;

safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;

safety from fire hazards, and measures for fire control;

protection of adjacent property from flood or water damage;

noise-producing elements, glare of vehicular and stationary lights and the effect of such noise and/or lights on the surrounding neighborhood;

location, lighting, and type of signs, and any adverse effect on adjacent properties;

street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood;

adequacy of parking for off-street parking facilities; location of ingress/egress points for parking and off-street loading spaces; and protection of public health by all weather surfacing on all parking areas;

environmental constraints and impacts; and landscaping, amenities and adequacy of buffers.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-07, sec. 1(H), adopted 5/10/07

§ 16 CONDITIONAL USES.

16.1

PURPOSE.

The purpose of the conditional use procedure is to allow for review of uses that would not be appropriate generally or without certain restrictions throughout a zoning district but that, if controlled as to number, area, location or relation to the neighborhood would promote the health, safety, and welfare of the community. The procedure is intended to allow broad public review and evaluation of the proposed development and to ensure adequate mitigation of potentially unfavorable impacts.

16.2

SUBMISSION AND APPROVAL PROCEDURE.

Application.

An application for a conditional use permit shall be submitted to the Zoning Administrator along with any applicable fee and a Development Plan.

Report by Zoning Administrator.

The Zoning Administrator shall review the application and submit a report to the Planning and Zoning Commission. The Planning and Zoning Commission shall make a recommendation to the Board of Aldermen to approve the application as is, approve it with conditions or deny the application.

Adoption by Ordinance.

Upon receiving the report from the Planning and Zoning Commission, the Board of Aldermen shall approve the application as is, approve it with conditions, or deny the application. The Board of Aldermen may approve a conditional use as requested or as modified by adoption of an ordinance, which shall set forth any limitations or conditions that the Board of Aldermen may place upon the conditional use.

Notice and Hearing Procedures.

All requirements of Chapter 211 of the Local Government Code relating to notices and written protests for changes in zoning districts or regulations shall apply to approval of a conditional use permit; provided, however, that the approval of a conditional use permit shall not be considered a change in zoning.

16.3

CRITERIA FOR REVIEW.

The Planning and Zoning Commission and the Board of Aldermen shall review the application for a conditional use permit using the criteria listed in Section 15.2.

16.4

LAPSE OF APPROVAL AND MODIFICATIONS.

Valid for one year.

A conditional use permit shall be valid for one year from the date of approval unless prior to such expiration date:

a building permit is issued and construction is commenced or the actual use, if not requiring a building permit, is commenced; or

a permit is issued for gas drilling and remains valid under its own terms. The expiration date may be extended by the Board of Aldermen upon application.

Expiration.

Approval of a conditional use permit automatically expires upon a change in use on the property or a relocation of the use. The Board of Aldermen may grant a continuance of the conditional use upon application.

16.5

REQUIREMENTS FOR CONDITIONAL USE PERMITS IN THE OFFICE DISTRICT.

For conditional uses permitted in the “O” Office district, the following conditions shall apply:

The uses shall be incidental to a permitted use, and shall not be greater than 25 percent of the building area containing permitted use; and

No direct entry to such conditional uses shall be permitted; only direct entry from interior hallway, atriums, lobbies, etc. is allowed.

(Ordinance 69-01 adopted 1/10/01; Ordinance 69-07, sec. 1(H), adopted 5/10/07

§ 17 VEHICLE PARKING REGULATIONS.

17.1

PURPOSE.

The purpose of these regulations is to secure safety from fire, panic, and other dangers; to lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of land. To this end, in all zoning districts, there shall be provided at the time any use is established or expanded, or any building or structure is erected or structurally altered (except as otherwise provided elsewhere in this section), minimum off-street parking in conformance with the requirements established herein. Except as specifically contained herein, no vehicles may park on Town streets or in front yards.

17.2

LOCATION OF PARKING SPACES.

All required parking spaces shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained within 300 feet of an institutional or other nonresidential building served.

Parking for Religious Institutions.

Up to 100 percent of the parking spaces required for a religious institution may be provided and used jointly by nonresidential uses not normally open, used, or operated during the same hours, provided that a written agreement is properly executed and filed as specified below.

Written Agreement.

In any case in which the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement assuring the retention of such spaces shall be properly drawn and executed by the parties concerned, approved as to form and execution by the Town Attorney, and filed with the application for a building permit or a certificate of occupancy.

Must be Off-Street Parking.

No required off-street parking space shall be located within any public highway, street, or alley right-of-way.

17.3

PARKING SPACES.

Size.

In computing the minimum size and area of parking spaces and parking areas, no parking space shall be less than nine feet in width by 18 feet in length for head-in parking, and eight feet in width by 22 feet in length for parallel parking. Parking space sizes of ten feet by 20 feet are encouraged where parking turnover rates would be higher.

Type.

All parking and vehicle use areas shall be asphalt, concrete, or other approved hard, all-weather surface as approved by the Town Engineer.

Computation of Number.

In computing the number of parking spaces required, the following rules shall govern:

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature as determined by the Board of Adjustment.

When a building or use existing prior to the effective date of this ordinance is enlarged to the extent of 25 percent or more in the floor area or in the area used, said building or use shall comply with the parking requirements set forth herein.

In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

17.4

NO REPAIR WORK.

The parking area shall be used for passenger vehicles only and in no circumstance shall the parking area be used for sales, repair work, storage, dismantling or service of vehicles, equipment, materials, or supplies.

17.5

PARKING AND STORAGE OF RECREATIONAL VEHICLES.

Generally prohibited.

Recreational vehicles shall not be parked or stored on any residential or agricultural lot except when the recreational vehicle is wholly contained and enclosed in a garage, or is parked or stored on a lot at least one acre in size and behind the nearest portion of a dwelling to the adjacent street or highway.

Exception for short-term parking.

Notwithstanding the requirements of paragraph a. above, recreational vehicles may be parked anywhere on residential, agricultural, or commercial premises not to exceed 24 hours for the purpose of loading and unloading only.

Not to be used for living quarters.

No recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored within the Town.

17.6

NUMBER OF OFF-STREET PARKING SPACES REQUIRED.

The minimum number of off-street parking spaces required for residential and nonresidential uses shall be in conformance with the following:

Use:	Number of Spaces	Required for Each:	Additional Requirements:
One-Family Dwelling	2	dwelling unit	exclusive of “in-garage” parking; adjacent spaces (not tandem)
Duplex Dwelling	2	dwelling unit	exclusive of “in-garage” parking; adjacent spaces (not tandem)
Multifamily Dwelling	1.5 uncovered 1.0 covered	dwelling unit dwelling unit	adjacent spaces (not tandem)
Animal pound, private	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Antiques	1	200 square feet of floor area
Appliance sales	1	400 square feet of floor area
Art gallery or museum	1	1000 square feet of floor area
Auto glass, seat cover, muffler shop	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Auto or motorcycle, new or used sales	1	200 square feet of floor area of sales office and inside display	1 additional space per employee
Auto painting or body shop	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Auto parts and accessory sales	1	200 square feet of floor area
Auto or motorcycle repair	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Auto supply store	1	200 square feet of floor area
Automotive/Truck rental services	1	200 square feet of floor area
Bakery sales	1	200 square feet of floor area
Bakery or wholesale candy plant	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Bank or savings and loan institutions, credit unions or similar financial institutions	1	200 square feet of floor area
Barber or beauty shop	1	200 square feet of floor area
Bottling works	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Brick kiln or tile plant	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Building materials sales	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Bus station or terminal	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Cabinet and upholstery shop	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Carwash	2 stacking spaces	each carwash bay	Stacking spaces shall be located in a sequential arrangement to the service area, and shall not be on or in any street rights-of-way, common access easements, necessary maneuvering area, general traffic circulation pattern, or a designated fire lane.
Child care facilities and nursery schools	1	5 pupils accommodated	plus additional space to accommodate off-street circulation for pickup and delivery of children by auto
Cleaners/tailor pickup station	1	200 square feet of floor area
Cleaning plant, commercial	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Clinic, medical	1	200 square feet of floor area
Clothing or similar manufacturing	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Community facility uses	1	100 square feet of floor area or for each 3 seats, whichever is greater
Contractors, electrical, mechanical, or plumbing	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Convenience stores	1	200 square feet floor area
Department store	1	200 square feet of floor area
Direct retail sales, rental, or repair businesses	1	200 square feet of floor area
Drapery, sewing or weaving shop	1	200 square feet of floor area
Drive-in restaurant, retail facilities, or refreshment stand	minimum of 12 spaces		1 additional space for each 50 square feet of floor area; 1 stacking space for each drive-through window. Stacking spaces shall be located in a sequential arrangement to the service area, and shall not be on or in any street rights-of-way, common access easements, necessary maneuvering area, general traffic circulation pattern, or a designated fire lane.
Drugstore or pharmacy	1	200 square feet of floor area
Electrical generating, substation, transmission line	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Florist shop	1	200 square feet of floor area
Fraternal lodge or union hall	1	200 square feet of floor area
Furniture store	1	400 square feet of floor area
Gasoline or motor fuels sales	minimum of 6 spaces		see “ convenience stores,” if applicable, for additional requirements
Greenhouse or plant nursery	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Grocery store	1	200 square feet of floor area
Handicraft shop and art objects	1	200 square feet of floor area
Hardware or hobby shop	1	200 square feet of floor area
Hauling or storage company	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Health club	1	200 square feet of floor area
Heavy machinery sales/repair	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Kennel	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Hospital	1	each bed	1 additional space for every 4 employees
Laboratory, medical or dental	1	200 square feet of floor area
Laboratory, research or manufacturing	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Light manufacturing or assembly	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Lithography or print shop	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Mail shop	1	200 square feet of floor area
Medical appliances (sales/rent)	1	200 square feet of floor area
Monument manufacturing	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Mortuary or funeral home	1	5 seats in the chapel	under no circumstances fewer than 10 spaces
Office, business, professional, medical or dental	1	250 square feet of floor area
Open storage of commercial goods	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Paint shop	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Parking lot or structure, commercial auto or trucks/trailers	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Pawnshop	1	200 square feet of floor area
Pet shop	1	200 square feet of floor area
Petroleum storage/collection	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Photography	1	200 square feet of floor area
Plumbing shop	1	200 square feet of floor area
Radio, television station	1	200 square feet of floor area
Refreshment stand	minimum of 3 spaces		1 additional space for every 200 square feet of floor area
Religious institution	1	each 3 seats in the main sanctuary or auditorium
Restaurant	1	3 seats under maximum seating arrangement
Schools, Elementary and Junior High/Middle School	2	each classroom or teaching station	1 additional space for every 4 seats in any auditorium, gymnasium, or other place of assembly, whichever is greater
Schools, High School	1	each classroom or teaching station	1 additional space for every 3 students accommodated in the school
Self-storage facility	1	40 storage units
Studio, artist, photographer, health, fitness, music, dance, or drama	1	200 square feet of floor area
Swim, tennis, handball club	1	100 square feet of floor area, exclusive of locker rooms and bathhouses
Tool repair	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Travel bureau or consultant	1	200 square feet of floor area
Veterinarian Clinic	1	400 square feet of floor area
Video store	1	200 square feet of floor area
Welding or machine shop	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Warehouse	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area
Wholesale sales/storage	1	1,000 square feet of under-roof industrial area	1 additional space for every 300 square feet of under-roof office area

(Ordinance 69-01 adopted 1/10/01)

§ 18 LANDSCAPING AND SCREENING REGULATIONS.

18.1

PURPOSE.

To protect the character and stability of residential, commercial, institutional, and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the community, the standards set forth in this section shall be observed.

18.2

ORNAMENTAL FENCING.

Any multiple-family dwelling located adjacent to or abutting any four-lane or larger roadway shall have an ornamental fence or wall constructed of brick or stone, stucco over concrete masonry, ornamental iron, or tasteful combinations thereof, as a buffer between the property and the roadway.

18.3

LANDSCAPING AND SCREENING AS A BUFFER.

The following standards shall apply when a nonresidential use or a multiple-family dwelling is established on a lot or premise adjacent to a one-family residence or duplex, an “E-1,” “E-2,” “E-3,” “E-4” or “D” zoning district, or any residential portion of a “PD” zoning district.

Plan Required Before Building Permit Issued.

When this section applies, no building permit may be issued until a landscape plan is submitted and approved. The Planning and Zoning Commission shall review the landscape plan for conformance with applicable ordinances, regulations, and codes, and shall recommend approval, denial, or modification of the plan to the Board of Aldermen, who shall have final authority.

Landscaping Required Before Certificate of Occupancy Issued.

All plantings, screening, berms, or other requirements of this ordinance shall be installed prior to the issuance of a certificate of occupancy. However, if at the time of an application for a certificate of occupancy, required landscaping is not yet in place for seasonal reasons, the applicant shall make fiscal arrangements satisfactory to the Zoning Administrator by bond, escrow deposit, or letter of credit sufficient to cover the installation of the landscape and irrigation requirements herein plus a 10% contingency to ensure that such shall be installed. Any applicant making such fiscal arrangements shall also grant to the Town a license to enter upon the land for the purpose of installing the required landscaping in the event that such landscaping is not installed by the applicant within nine months after issuance of a certificate of occupancy. Such fiscal arrangements shall be for a period of not less than 12 months.

Details of Landscape Plan.

The landscape plan shall contain, at a minimum, the following:

date, graphic scale, north arrow, title and name of applicant/owner;

location of existing boundary lines and dimensions of the tract;

location of all existing and proposed buildings;

approximate centerline of existing watercourses and location of significant drainage features;

location and size of existing and proposed streets, alleys, utility and emergency access easements and sidewalks;

location, size, and type of landscaping in proposed areas and location and size of proposed landscaped areas, including landscaped buffer zones;

location and species of existing trees having trunks of six inches or larger in diameter and the approximate size of their crowns;

information necessary for verifying the required minimum amount of landscaped area;

plans for protecting retained existing trees from damage during construction;

10.

location and size of the proposed irrigation system;

11.

information concerning parking lot islands, medians or peninsulas, including location, size and landscaping thereof;

Professional Requirement.

Landscape plans for projects on more than two acres shall be prepared and signed by a licensed professional landscape architect. All irrigation plans shall be prepared and signed by a licensed irrigator or other professional authorized to design such system.

Fee Required.

An inspection fee in an amount set by the Board of Aldermen shall be collected by the director of public works at the time of submission of a landscape plan.

Irrigation.

All required landscaping shall be irrigated by an underground irrigation system of sufficient capacity and design to adequately maintain the required landscaping as determined by the Zoning Administrator.

Protection.

All required landscaped areas that are adjacent to pavement shall be protected with concrete curbs or equivalent barriers (such as continuous border plants or hedge rows).

Obstruction Prohibited.

Landscaping shall not be located or placed to obstruct any emergency equipment such as fire hydrants or sprinkler system connections, etc., nor shall landscaping be placed in a manner to obstruct emergency ingress/egress and access to the building. Landscaping shall not obstruct views between the street and access drives or parking aisles near street yard entries and exits, nor shall any landscaping obstruct views within the radius of any curb return. Sight triangles shall be provided within the property at all driveways and street intersections. Sight triangles shall be eight feet by 70 feet with [within] the eight-foot leg within the property along the driveway.

Maintenance.

All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season. Plant material which dies shall be replaced with plant material of similar variety and size.

Right-of-Way.

Landowners are encouraged to landscape nonpaved publicly owned street rights-of-way abutting their land; provided, however:

The Town may at any time remove or require the landowner to remove any landscaping located within any right-of-way or public easement for the purpose of public safety, access to utilities, or to perform any public improvements within said right-of-way or public easement.

No trees or ornamental trees shall be planted in the right-of-way.

Landscaping in the right-of-way shall be in accordance with established rules and regulations pertaining to traffic and pedestrian safety.

Landscaping Not to Conflict with Lighting.

Landscaping provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not conflict with the lighting scheme.

Amount of Landscaping.

Not less than 15 percent of the area of the front and side yards visible from an adjacent street, not including landscaped buffer zones, shall be landscaped.

Trees Required.

At least one large tree of at least three inches in diameter at one foot above ground and 12 feet in initial height shall be provided as follows:

For property built or zoned as multifamily and nonresidential:

In front and side yards totaling equal to or less than 10,000 square feet, one tree per 1,000 square feet, or fraction thereof, of front and side yards.

In front and side yards totaling more than 10,000 square feet, ten trees plus one tree per 1,000 square feet, or fraction thereof, of front and side yards.

For property built or zoned as single-family residences and duplexes:

For lots totaling equal to or less than 10,000 square feet, two trees.

For lots totaling more than 10,000 square feet, 2 trees, plus one tree per 5,000 square feet, or fraction thereof.

An existing or planted tree of a [at] least six inches in diameter and at least 15 feet in height shall be considered as two trees for purposes of satisfying this requirement. All newly planted trees shall be planted in permeable areas of not less than three feet in diameter.

No trees shall be planted in the right-of-way.

Shrubs Required.

Not less than one shrub shall be required for every 20 square feet of the area required to be landscaped. Placement of such shrubbery shall be taken into consideration as to the plant at full maturity, and shall not be located in the right-of-way or so as to conflict with vehicular or pedestrian traffic visibility.

Ground Cover Required.

Not less than ten percent or more than 40 percent of the landscape shall be maintained in ground cover. The remaining landscaped area shall be maintained in lawn grasses, bedding plants, mulch (cypress, pine bark, or pecan shell) used around bedding plants, shrubs and trees. All ground cover areas shall be kept clear of weeds and undergrowth.

Landscaped Buffer Zone.

There shall be required a landscaped buffer zone a minimum of 25 feet in width in compliance with the standards set forth below.

Permissible buffer zone materials.

Trees, shrubs, grass, or other living plant material are permissible in the buffer zone, but not artificial grass, rock, or gravel, parking area, trash receptacle, containers, asphalt or other pavement. However, the buffer zone may include sidewalks or other walkways as long as such are not the primary feature of the buffer zone.

Screening.

There shall be a permanent security/screening fence or wall, with a minimum height of six feet, located along any property line when a nonresidential use or a multiple-family dwelling is established on a lot or premise adjacent to abutting a one-family residence or duplex, an “E-1,” “E-2,” “E-3,” “E-4,” or “D” zoning district, or any residential portion of a “PD” zoning district. Such screening fence or wall shall be solid and without holes, penetrations or openings other than for passage and/or gates and must incorporate similar or compatible material, colors and finishes as the primary structure. Spruce fencing, wood board, and chain-link or wire fencing are prohibited.

Parking Lot Landscaping Requirements.

The following minimum amounts shall be devoted to landscaped islands, peninsulas or medians in parking lots or vehicular use areas.

Street and yard area.

The minimum total area of landscaped islands, peninsulas and medians shall be 90 square feet for each 12 parking spaces.

Distribution of landscaped islands, medians, and peninsulas.

The landscaped islands, peninsulas and medians shall be evenly distributed throughout such parking areas. However, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas and medians for the respective parking areas above is satisfied.

Screening of Trash Collection Areas.

No trash collection areas shall be located within the required front or side yard, in the landscaped buffer zone, or within ten feet of any property zoned for residential purposes. Trash collection areas shall be screened from adjacent properties and streets on a minimum of three sides with a permanent, opaque screening fence. If the trash receptacle is to be a dumpster, it shall have wheel stops or bollards on all four sides to contain the dumpster and be located a minimum of two and one-half feet inside the screening fence or wall. Said wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the screened area and extend not less than 12 feet in front of the screen. Said concrete pad shall be no less than six inches thick and made of 3,000 PSI concrete with number three rebar placed at 18 inches on center. Additionally, each screened area shall have constructed adjacent thereto a concrete approach ramp not less than 6 inches thick and made of 3,000 PSI concrete with number three rebar placed at 12 inches on center.

(Ordinance 69-01 adopted 1/10/01)

§ 19 NONCONFORMING USES.

19.1

NONCONFORMING BUILDING.

Where a lawful building existed on the effective date of this Ordinance or any amendment thereof that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the building or its location on the lot, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:

Such building may not be enlarged in a way which increases its nonconformity;

Such building may not be altered in a way which increases its nonconformity;

Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

19.2

NONCONFORMING USE OF LAND.

Where lawful use of land exists on the effective date of this Ordinance or any amendment thereof that is no longer permissible under the terms of this ordinance such use may be continued, so long as it remains otherwise, subject to the following provisions:

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time the use became nonconforming;

A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not thereafter be changed except to an equal or a more restrictive use;

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the time the use became nonconforming;

No additional buildings shall be erected in connection with such nonconforming use of land.

19.3

NONCONFORMING USE OF BUILDINGS.

When a lawful use of a building existed at the effective date of this Ordinance or any amendment thereof, that would not be allowed in the district where located under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

No existing building devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the building to a use permitted in the district in which it is located;

A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time the use became nonconforming, but no such use shall be extended to occupy any land outside such building.

19.4

DISCONTINUANCE OR ABANDONMENT.

A nonconforming use, when discontinued or abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Ordinance. Discontinuance or abandonment shall be defined as follows:

When land used for a nonconforming use shall cease to be used in a bona fide manner for the nonconforming use for six consecutive months or for a total of 18 months during any three-year period.

When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of six consecutive calendar months or for a total of 18 months during any three-year period.

When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of three consecutive calendar months.

When land or a building used only on a seasonal basis is not used in a bona fide manner as a nonconforming use during such season.

Discontinuance or abandonment shall include any cessation of use for the requisite period of time, irrespective of the intent of the property owner or occupant.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner or occupant if the nonconforming use was dilapidated, substandard, or was not maintained in a suitable condition for occupancy during the above time periods.

Upon evidence of hardship, the Board of Adjustment shall have the power to extend the time limits in paragraph “a” not to exceed one year.

19.5

DESTRUCTION OF NONCONFORMING USE.

If a nonconforming building or a building occupied by a nonconforming use is destroyed by fire, the elements, or otherwise, it may not be reconstructed or rebuilt except to conform with the provisions of this Ordinance unless the destruction amounts to less than 50 percent of its fair market value at the time of destruction.

If the destruction is greater than 50 percent and less than total, the Board of Adjustment may, after a public hearing, authorize repair, taking into consideration the property owner’s circumstances and the effect on surrounding properties.

Where an individual building or buildings are destroyed by more than 50 percent, upon submission by the owner of sufficient evidence to prove that the destruction amounts to less than 50 percent of the total value of the entire nonconforming use and that the destroyed building or buildings constituted an integral part of the nonconforming use, without which the nonconforming use cannot be profitably operated, the Board of Adjustment may permit the reconstruction of such destroyed structure or structures under conditions which reasonably allow the owner to recoup his original investment.

Notwithstanding anything herein to the contrary, a single-family residence which is destroyed shall be permitted to be reconstructed without Board of Adjustment approval regardless of the extent of destruction provided that the construction complies with all current building codes and is commenced within six months of the date of destruction. The failure of the owner to start such reconstruction within six months shall forfeit the owner’s right to restore or reconstruct the dwelling except in conformance with this Ordinance.

If the owner of a nonconforming use fails to begin reconstruction of the destroyed building (when permitted to do so by the terms of this ordinance) within six months of the date of destruction or approval by the Board of Adjustment, the nonconforming building or use shall be deemed to be discontinued or abandoned as provided in Section 19.4 above.

19.6

AMORTIZATION OF NONCONFORMING USES.

The Board of Adjustment may from time to time on its own motion or upon cause presented by interested persons inquire into the existence, continuation or maintenance of any nonconforming use within the Town. The Board of Adjustment may take specific action to abate, remove, limit or terminate any nonconforming use or structure under reasonable guidelines as set forth in Section 20 of this ordinance. The concurring vote of four (4) members of the Board shall be necessary to take any such action.

19.7

VESTED RIGHTS.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or land development project for which a building permit was lawfully issued no more than six months prior to the date of adoption or amendment of this ordinance. Construction on a building permit issued prior to the adoption of this ordinance must be begun within six months of the adoption date and must be completed within two years of adoption. Such permit shall not be renewed or extended without all other conditions of this zoning ordinance having been met.

(Ordinance 69-01 adopted 1/10/01)

§ 20 BOARD OF ADJUSTMENT.

20.1

ORGANIZATION.

There is hereby created a Board of Adjustment consisting of five regular members and two alternate members to be appointed by the Board of Aldermen. The term of office shall be two years. Unless removed from office as provided below, board members shall continue to serve until their successors are appointed and qualified. Three members and one alternate shall be appointed to serve terms ending in odd-numbered years and two members and one alternate shall be appointed to serve terms ending in even-numbered years. In making such appointments, the Board of Aldermen shall name one appointee as Chairman and one as Vice-Chairman. The Board of Aldermen shall fill vacancies by appointing a suitable person to serve out the unexpired term of any person whose place on the Board of Adjustment has become vacant for any cause. The Board of Aldermen may remove members or alternates of the Board of Adjustment for cause on written charge following a public hearing.

20.2

PROCEEDINGS.

The Board of Adjustment may adopt rules to govern its proceedings; providing, however, that such rules are not inconsistent with the terms of this Ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman or the acting chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. Four members shall constitute a quorum. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the Board of Adjustment’s office in the Town and maintained by the Zoning Administrator.

20.3

JURISDICTION AND POWERS.

The Board of Adjustment shall have powers granted by and be organized and controlled by the provisions of Sections 211.008 through 211.013 of the Local Government Code, as amended. These powers and duties shall include the following:

Administrative Review.

To hear and decide appeals that allege error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance.

Variances.

Permit variances to the development regulations in this Ordinance when such variance will not be contrary to the public interests and, due to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and the spirit of the ordinance will be observed. A variance shall not be granted by the Board of Adjustment except upon a finding of the following:

special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same zoning district;

the special conditions and circumstances do not result from the actions of the applicant;

the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; and

the variance requested is the minimum necessary, and granting the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same zoning district.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this Ordinance in the zoning district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said zoning district.

Special Exceptions.

The Board may grant those special exceptions which are specifically authorized under this Ordinance. A special exception may not be granted by the Board except in accordance with the following:

A written application for a special exception shall be submitted and shall be accompanied by a Development Plan meeting the requirements of Section 15 which shall be reviewed by the Board at a public hearing.

No special exception shall be granted unless the Board finds that the requested exception is specifically permitted by this Ordinance; that the location[s] of the proposed activities and improvements are clearly defined on the Development Plan; and that the special exception is wholly compatible with the use and permitted development of adjacent properties either as filed or subject to such limitations and requirements as the Board deems to be necessary to protect adjacent properties.

Discontinuance or Amortization of Nonconforming Use.

The Board may require the discontinuance of a nonconforming use or structure under a reasonable plan whereby the owner’s investment in the nonconforming use or structure can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance.

Reconstruction of Nonconforming Use.

The Board may permit the repair or reconstruction and occupancy of a nonconforming structure or a structure containing a nonconforming use where the structure has been destroyed in excess of fifty percent (50%) but less than the total value, as provided in Section 19.5, provided such reconstruction does not, in the judgment of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure beyond what is permitted by Section 19 of this ordinance. Such action by the Board of Adjustment shall have due regard for the property rights of the person or persons affected when considered in light of the public welfare, the character of the area surrounding such structure, and the conservation, preservation and protection of surrounding properties and their values.

Resumption of Abandoned Nonconforming Use.

The Board may review nonconforming uses to determine whether the time period prescribed in Section 19.4, after which a use is deemed abandoned or discontinued, should be extended. Such action by the Board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values.

20.4

APPEALS.

Appeal from administrative official.

Appeals to the Board of Adjustment can be taken by any person aggrieved or by any official, department, or board of the Town affected by any decision of an administrative official relating to this Ordinance. Such appeal shall be taken within thirty days after the decision has been rendered by the administrative official, by filing with the official from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

Proceedings stayed pending appeal.

An appeal shall stay all proceedings of the action appealed from unless the administrative official from whom the appeal was taken certifies to the Board of Adjustment in writing facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In such case, proceedings shall be stayed only by a restraining order granted by the Board of Adjustment or by a court of record, after notice to the official, if due cause is shown.

20.5

HEARING.

Hearing procedure.

The Board of Adjustment shall fix a reasonable time for hearing of an appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by attorney or agent. The notice provided in this section shall be given by publication in the official Town publication stating the time and place of such hearing, which shall not be earlier than ten days from the day of such publication, and in addition thereto, the Board of Adjustment shall mail notices of such hearing to the petitioner and the owner of the property lying within 200 feet of any point of the lot or portion thereof, on which a variance or special exception is desired, and to all persons deemed by the Board of Adjustment to be affected. Such owners and persons shall be determined according to the current tax rolls of the Town and substantial compliance therewith shall be deemed sufficient; provided, however, that the depositing of such written notice in the mail by the Board of Adjustment shall be deemed sufficient compliance.

Duration of Board of Adjustment action.

Any variance or special exception authorized by the Board of Adjustment, either under the provisions of this Ordinance or under state law, shall authorize the issuance of a building permit for a period of 90 days from the date of the favorable action on the part of the Board, unless the Board in its minutes shall, at the same time, grant a longer period. If a building permit shall not have been issued within said 90-day period or such other period as the Board may specifically grant, the variance or special exception shall be deemed waived, and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the rules and regulations regarding appeals.

Limitation on appeals.

No appeal to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of one year after a ruling by the Board of Adjustment unless other property in the same zoning district has, within such one-year period, been rezoned or altered or changed by ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an appeal to the Board of Adjustment but shall in no way compel the Board of Adjustment after a hearing to grant such subsequent appeal. Such appeal shall be considered on its merits as in all other cases.

20.6

VOTE.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of an applicant on a matter on which the Board is required to pass under this Ordinance, or to approve any variance or special exception.

20.7

GRIEVANCES.

Any person or persons, jointly or separately, aggrieved by any decision of the Board of Adjustment or any taxpayer or any official, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition shall be presented to the court within ten days after the Board of Adjustment files the decision in the Board’s office.

20.8

AUTHORIZED SPECIAL EXCEPTIONS:

The following special exceptions may be permitted by the Board of Adjustment in the zoning districts specified, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board of Adjustment may impose.

SPECIAL EXCEPTION		DISTRICTS WHERE PERMITTED
Split-zoned lots, extensions of use. Conditions: Extension of a use to the lot line or for a distance of not more than 100 feet where the boundary line of a zoning district divides a lot held in single ownership.		All
Water supply, treatment, and storage		“I”
Outdoor commercial amusement enterprise		“I”
Radio, television, microwave broadcast, relay, receiving towers and All transmission and retransmission facilities and any electronic emission equipment. Conditions: The Board may require that specific information, reports, drawings, etc., be submitted with an application related to co-location, existing antennas, elevation views, aesthetics, lighting and other factors to be considered and may place reasonable conditions on any such facilities such as height, setback, screening, landscaping, maintenance, parking, or any other reasonable conditions. Exception: Antennas and other electronic emission equipment may be mounted on Town water towers without special exception approval provided a license or lease has been approved by the Board of Aldermen.		All
Riding stable		“I”
Utility buildings, telephone exchanges		“C” and “I”
Employee or Family Quarters		“E-1,” “E-2,” “E-3,” “E-4,” “B,” “MF,” and “PD” When residential uses are allowed.
Public Garage or Storage Garage		“C” and “I”
Home Occupation Conditions:		“E-1,” “E-2,” “E-3,” “E-4,” “D,” “MF,” and “PD” when residential uses are allowed.
a.	No person other than members of the family residing on the premises shall be engaged in such occupation;
b.	The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its allowed occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
c.	There shall be no change in the outside appearance of the building or premises, or other visible evidence of the home occupation in the dwelling unit other than one sign, not exceeding one square foot of area, nonilluminated, and mounted flat against the wall of the principal building;
d.	No home occupation shall be conducted in any utility building;
e.	No vehicular or pedestrian traffic or vehicular parking shall be generated by such home occupation in greater volume or frequency than would normally be expected in the surrounding 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, on an approved parking surface in accordance with Section 17, “Vehicle Parking Regulations.” However, under no circumstances shall off-street parking exceed four cars (excluding occupants’ cars).
f.	No equipment or process shall be used in a home occupation that 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 that creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
g.	The operation of beauty culture schools, beauty parlors, barbershops, medical or chiropractic offices, or retail shops shall not be considered home occupations.
Hotel or motel		“C” and “I”
Private club		“C” and “I”

(Ordinance 69-01 adopted 1/10/01)

§ 21 CERTIFICATE OF OCCUPANCY.

21.1

CERTIFICATE OF OCCUPANCY REQUIRED.

No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or used until a certificate of occupancy is issued by the Town stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this Ordinance.

21.2

CERTIFICATE OF OCCUPANCY FOR A LEGAL NONCONFORMING USE.

A certificate of occupancy shall be required for all legal nonconforming uses. Application for a certificate of occupancy for such nonconforming uses shall be filed within 12 months from the effective date of this Ordinance, accompanied by affidavits of proof that such nonconforming uses were not established in violation of this Ordinance or any previous zoning ordinance.

(Ordinance 69-01 adopted 1/10/01)

§ 22 BUILDING PERMITS.

22.1

BUILDING PERMITS REQUIRED.

No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the Zoning Administrator. No building permit shall be issued by the Zoning Administrator except in conformity with the provisions of this ordinance and other ordinances of the Town unless approved by the Zoning Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this Ordinance.

22.2

EXPIRATION OF BUILDING PERMIT.

Time for Beginning Work.

If actual construction of the work described in any building permit has not begun within six calendar months from the date of issuance thereof, said permit shall expire; it shall be canceled by the Zoning Administrator; and written notice thereof, shall be given to the original applicant at the address given in such application. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

Time for Completing Work.

If the work described in any building permit has not been completed within two years of the date of issuance or extension thereof, said permit shall expire and be canceled by the Zoning Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

Nothing herein shall be construed to prevent the Zoning Administrator or a town board from placing a shorter time period for commencement or completion of certain work under appropriate circumstances.

(Ordinance 69-01 adopted 1/10/01)

§ 23 AMENDMENTS AND FEES.

23.1

AMENDMENTS BY BOARD OF ALDERMEN.

The Board of Aldermen may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

Report from Planning and Zoning Commission.

Before taking action on any such proposed amendment, supplement, or change, the Board of Aldermen shall submit the same to the Planning and Zoning Commission for its recommendation and report. Before submitting a formal report to the Board of Aldermen, the Planning and Zoning Commission shall hold a public hearing on that report.

Public hearing.

A public hearing shall be held by the Board of Aldermen before adopting any proposed amendment, supplement, or change.

Notice of public hearing.

Notice of which hearing shall be given by publication one time in the official paper, stating the time and place of such hearing, which time shall not be earlier than 16 days from the date of publication.

Written notice of all public hearings on proposed changes in zoning district classifications shall be sent to all owners of property, or to the person rendering the same for Town taxes, affected by such proposed changes of classification, and to all owners of property, or to the person rendering the same for Town taxes, located within 200 feet of any property affected thereby, within not less than ten days before such hearing is held. Such notice may be served by using the last known address as listed on the Town tax roll and depositing the notice, postage paid, in the United States Post Office. This shall be the method of notice for all public hearings of the Planning and Zoning Commission and the Board of Adjustment.

Vote required.

Unless a proposed amendment, supplement, or change has been approved by the Planning and Zoning Commission, or if a protest against an 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 included in the proposed change or all property within 200 feet of all boundaries of the proposed change, such amendment, supplement, or change shall not become effective except by a favorable vote of three-fourths of all the members of the Board of Aldermen.

The Town Council may, at its discretion, elect to hold a joint public hearing with the planning and zoning commission in accordance with Section 211.007(b) of the Texas Local Government Code, as amended. However, the Town Council shall not take action on any proposed amendment or change until it has received the final report and recommendation from the planning and zoning commission. When the joint hearing provision of this ordinance is in effect, the Town Council shall cause notice to be provided in accordance with Section 211.007 of the Texas Local Government Code, as amended.

23.2

FEES.

The Board of Aldermen shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, zoning amendments, appeals and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Administrative Official, and may be altered or amended only by the Board of Aldermen.

(Ordinance 69-01 adopted 1/10/01)

DIVISION 2 PLANNING AND ZONING COMMISSION

§ 1 GENERAL.

1.1

CREATION AND PURPOSE.

A Planning and Zoning Commission is hereby created in order to accomplish the following purposes at the direction of the Town Council:

To identify community needs and to advise the Town Council of the short-range effect of these needs on the total development of the Town;

To recommend achievable community goals for long-range planning and development of the Town;

To recommend achievable plans, programs and policies that will aid the entire community in achieving defined goals; and

To help the public understand the plans, programs and policies adopted by the Town Council so that concerned citizens can conduct private activities in harmony with these plans, programs and policies.

1.2

MEMBERSHIP AND APPOINTMENT.

The Planning and Zoning Commission shall be composed of five (5) regular members and two (2) alternate members, who shall all be residents and qualified electors of the Town. The Town Council will consider for appointment to the Commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning and an availability to prepare for and attend meetings. It is the intent of the Town Council that members shall, by reason of diversity of their individual occupation, constitute a commission which is broadly representative of the community. Members shall serve at the will of the Council and may be removed with or without cause.

The alternate members shall serve in the absence of one or more regular members. An alternate member has voting privileges only when sitting in for an absent member.

1.3

TERMS OF OFFICE.

The members of the commission shall be identified by place numbers one (1) through seven (7). Regular members shall be appointed to places numbered 1 through 5, and alternate members shall be appointed to places numbered 6 and 7. Current members shall hold office according to this Section until the expiration of their current terms and their offices shall be designated Place 1, Place 2, and Place 3. Upon initial appointment pursuant to this ordinance, members in Places 4 and 6 shall be appointed to serve terms expiring June 1, 2002, and members appointed to Places 5 and 7 shall serve terms expiring June 1, 2003. Thereafter, the terms of office of said members shall be three (3) years beginning on June 1st of the year of appointment. Commission members may be appointed to succeed themselves. Vacancies shall be filled for the unexpired term. Newly appointed members shall be installed at the first regular commission meeting after their appointment.

1.4

ORGANIZATION.

The commission shall hold an organizational meeting in June of each year and shall elect a chairman and vice-chairperson from among its members. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules and procedures and shall keep a record of its proceedings consistent with the provisions of this ordinance and the requirements of law.

Any member of the commission who misses three consecutive meetings without commission approval shall be deemed to have vacated his commission membership. The Town Council, upon receiving certification of three consecutive absences, shall fill the vacancy for the expired term.

1.5

DUTIES AND POWERS.

The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:

Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and the Town.

Formulate and recommend to the Town Council for its adoption a Town Plan for the orderly growth and development of the Town and its environs, and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the Town.

Formulate a zoning plan as may be deemed best to carry out the goals of the Town Plan and hold public hearings and make recommendations to the Town Council relating to the creation, implementation and amendment of zoning regulations and districts as provided in Chapter 211 of the Texas Local Government Code.

Exercise all the powers of a commission as to approval or disapproval of plans, plats or replats and the vacation of plans, plats and replats as set out in Chapter 212 of the Texas Local Government Code.

Initiate, in the name of the Town, for consideration at public hearings, all proposals: for the opening, vacating or closing of public rights-of-way, parks or other public places and for the change of zoning district boundaries on an areawide basis. No fee shall be required for the filing on any such proposal in the name of the Town.

Submit each October a progress report to the Town Council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year attendance records of all members and the identity of commission officers.

If requested by the Council, prepare and recommend to the Town Council a five-year Capital Improvement Plan.

At the direction of the Town Council, study, hold public hearings and submit reports on any topics pertaining to planning, zoning and development that the council deems appropriate.

Conduct an ongoing assessment program pertaining to the planning, zoning and development ordinances of the Town, recommending to the Town Council all necessary changes and updates to said ordinances.

1.6

MEETINGS AND QUORUM.

A quorum for the conduct of business shall consist of four (4) members of the commission. The members of the commission shall regularly attend meetings, public hearings and work sessions of the commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. The members shall comply with all statutory time limits and public notice requirements and all meetings of the commission shall be held in compliance with the Texas Open Meetings Act.

(Ordinance 69-01 adopted 1/10/01)

§ 2 CUMULATIVE.

This Ordinance shall be cumulative of all other Ordinances of the Town of Edgecliff Village affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 69-89, as amended, is hereby repealed in its entirety.

(Ordinance 69-01 adopted 1/10/01)

§ 3 SEVERABLE.

It is hereby declared to be the intention of the Board of Aldermen that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Board of Aldermen without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

(Ordinance 69-01 adopted 1/10/01)

§ 4 PENALTY.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined, upon conviction, not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

The Town shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph or part of this Ordinance; such right for injunctive relief shall exist independent of the other penalty provision of this Ordinance and not in lieu thereof. The right for injunctive relief is essential to the Town that it maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well-being of the citizens and halting any attempt on the part of any person, firm or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this Ordinance.

(Ordinance 69-01 adopted 1/10/01)

§ 5 SAVINGS CLAUSE.

All rights or remedies of the Town of Edgecliff Village are expressly saved as to any and all violations of the previous zoning ordinance that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts.

(Ordinance 69-01 adopted 1/10/01)

§ 6 PUBLICATION IN PAMPHLET.

The Town Secretary of the Town of Edgecliff Village is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof.

(Ordinance 69-01 adopted 1/10/01)

§ 7 PUBLICATION IN THE OFFICIAL NEWSPAPER.

The Town Secretary of the Town of Edgecliff Village is hereby directed to publish in the official newspaper of the Town of Edgecliff Village the caption, penalty clause, publication clause and effective date clause of this Ordinance.

(Ordinance 69-01 adopted 1/10/01)

§ 8 EFFECTIVE DATE.

This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.

(Ordinance 69-01 adopted 1/10/01)