(a)
The residential use districts are designed to encourage a proper
environment for family living by permitting certain appropriate institutional
uses to be located within residential neighborhoods and by excluding
commercial activities. Certain minimum setbacks, open spaces, densities,
and site areas have been required to ensure the provision of open
space and to avoid overcrowding and to serve a wide range of individual
requirements.
(b)
Residential district R-1 consists mainly of areas containing single-family
dwellings for use as single-family residences and of open spaces where
single-family residential development appears desirable. In addition
to the general purposes applying to all residential districts, the
regulations of district R-1 are designed to encourage single-family
residential living in single-family dwellings in low-density residential
areas. Use of a property as a single-family residence, for the purposes
of this article, means use of the property by related individuals
or not more than four unrelated individuals in a shared residential
living arrangement. Group homes for handicapped persons, as hereinafter
defined and regulated, are specifically designated as permitted uses
in an R-1 district.
(c)
Residential district R-2 consists mainly of areas which contain some
two-family or multiple-family development or which are centrally located
or suitable for ultimate two-family or multiple-family development.
In addition to the general purposes applying to all residential districts,
the regulations of district R-2 are designed to encourage the provision
of conveniently located, centrally maintained rental accommodation.
(1977 Code, sec. 13-71; Ordinance 93-06 adopted 8/17/93)
In the R-1 district, no land shall be used and no building shall
be erected for or converted to any use other than:
(1)
A single-family dwelling unit.
(2)
Accessory building; servant’s quarters, garage or carport,
domestic storage.
(3)
Church or other place of worship, including parish houses and Sunday
schools, but excluding rescue missions or temporary revivals.
(4)
Field crops, horticulture, nursery, truck gardening, but not including
retail sales on the premises.
(5)
Golf course, but not including commercial golf games or amusement.
(6)
Theological school or similar institution of religious training on
a site of five acres or more.
(7)
Public park, playground, or playfield.
(8)
Sign, real estate, “for sale,” “lease,” “sold,” “rent,”
not exceeding 6 square feet in area and 4 feet in height.
(9)
Sign, bulletin, as an accessory use to a church, school, institution,
or public agency for announcement purposes, not exceeding 12 square
feet in area and 6 feet in height.
(10)
Sign, identification, limited to the name of the occupant, not exceeding
2 square feet in area and 2 feet in height.
(11)
Swimming pool, private.
(12)
Schools; elementary, high, college and universities, public, private,
or denominational.
(13)
Railroad rights-of-way but not including shops and yards.
(14)
Tract offices and construction buildings which shall be removed upon
completion or abandonment of construction work.
(15)
Home occupations; any occupation that is customarily carried on at
home that does not involve a structural change in the dwelling unit
or in a building accessory to the dwelling unit, that does not require
the employment of help other than members of the immediate family,
the installation of equipment or electric motors exceeding a total
limitation of 3 horsepower per dwelling unit; provided, however, that
the following uses shall not be permitted as customary home occupations:
(16)
Group homes for handicapped persons. Group housing for handicapped
persons shall mean a shared residential living arrangement which provides
a family residential type environment for handicapped persons, supervised
by one or more primary caregivers subject to compliance with the permit
conditions hereinafter listed:
(A)
For the purposes of this article, “handicap” with respect
to a person is defined as set forth in 42 U.S.C. 3602(h).
(B)
No group home for handicapped persons shall hereafter operate until
a permit has been issued by the building official of the city or his
designee stating that the facility complies with the provisions of
this article, which provisions are as follows:
(i)
Applicant for a permit shall provide a site plan which clearly
shows that a separate bedroom is set aside for the supervisory care
provider(s), that each bedroom to house one handicapped person shall
have at least 100 square feet and that each bedroom to house two handicapped
persons shall have at least 120 square feet and that no bedroom shall
be used for housing more than two handicapped persons. Applicant shall
operate the facility in accordance with the site plan.
(ii)
The facility shall comply with all applicable fire and building
codes of the city.
(iii)
To preserve the residential character of the area, no sign shall
be placed and in the yard or on the exterior of the dwelling or any
detached building permitted on the property that will identify any
business or commercial enterprise, including the owner of the premises
or the residential care provider.
(iv)
Supervisory care provider(s) shall be on the premises 24 hours
of every day of operation of the property as a group home for handicapped
persons.
(v)
The vehicle parking for the property shall not be modified to
provide off-street parking in the public right-of-way, or to provide,
in number of parking spaces or in the appearance of the parking area,
for more than the normal parking for a single-family residential lot.
(vi)
A twenty-five dollar ($25.00) permit fee shall be assessed annually
to defray administrative and inspection costs for each permit issued.
This fee may be adjusted by administrative decision of the city manager.
(vii)
The permit shall be renewed annually as the facility continues
to comply with the standards herein described. Permits are nontransferable.
(viii)
The holder of the permit shall be responsible for the operation
of the group home in accordance with the provisions herein set forth.
(ix)
The facility shall comply with all federal and state laws, rules
and regulations that apply to the operation of the facility as a group
home, including, but not limited to, all laws, rules and regulations
set forth in the Texas Health and Safety Code concerning such facilities
or the type of care provided. The facility shall also comply with
all ordinances of the city, relating to the property that are not
specifically in conflict with these provisions concerning group homes.
(x)
City personnel, including, but not limited to, the city health
officer, the building official and the fire marshal, shall have the
right to conduct inspections to ensure compliance with the requirements
set forth herein at any time, and at least quarter annually, and in
the event a home is found to be in violation of the provisions, the
inspector shall forward to the building official a report specifying
the violations. Based upon the report, the building official may withdraw
the permit. The holder of the permit shall have ten (10) days to appeal
the withdrawal of the permit to the board of adjustment.
(xi)
Any permit granted hereunder shall be prominently displayed
in the facility at all times. The permit shall include the following
statement:
“The city does not license facilities as to quality of
care. This structure has been inspected and has met minimum requirements
for Group Housing for Handicapped Persons specified in the Tulia City
Code 1977, as amended.”
(xii)
Any permit issued hereunder shall become void and of no further
effect in the event the use of the property as a group home for handicapped
persons is discontinued for a period of six (6) months.
(xiii)
Nothing herein shall be construed as attempting to regulate
or affect the right of handicapped persons to purchase their own housing
for single-family residences or to affect the right of individuals
to care for handicapped family members. Nothing herein shall be construed
as attempting to regulate homes established pursuant to chapter 123
of the Texas Human Resources Code.
(1977 Code, sec. 13-72; Ordinance 93-06 adopted 8/17/93)
In the R-2 district, no land shall be used and no building shall
be erected for or converted to any use other than:
(1)
An apartment house, duplex or housing project.
(2)
Hospital, general, not including animal.
(3)
Rooming, boarding house, and/or tourist home.
(4)
Any use permitted in the R-1 district.
(1977 Code, sec. 13-73)
No structure shall exceed 30 feet or 2 stories in the R-1 and
R-2 districts.
(1977 Code, sec. 13-74)
(a)
The following minimum requirements shall apply:
|
District
|
Lot Area in Square Feet
|
Lot Width in Feet
|
Setback in Feet
| |
|---|---|---|---|---|
|
Front
|
Rear
| |||
|
R-1
|
7,500
|
50
|
25
|
20
|
|
R-2
|
7,500
|
50
|
25
|
20
|
(b)
Except as set out below, the minimum side yard for an R-1 district
shall be 71 feet on each side, and the minimum side yard for an R-2
district shall be no less than five feet on either side, and the total
of the two side yards shall be not less than 20 feet.
(1977 Code, sec. 13-75)
(a)
Site plan.
Where new dwelling construction or additions
to an existing building in any district provide dwelling units for
more than two families on a single lot or tract of land, a site plan
shall be submitted to and approved by the building official prior
to the issuance of a zoning permit.
(b)
Building area.
The maximum allowable building area in
the R-2 district shall be 50 percent of the gross area of the lot
or tract of land for duplexes and 30 percent of the gross area of
the lot or tract of land for buildings providing dwelling units for
more than two families.
(c)
Density.
(1)
In the R-1 district only one single-family dwelling shall be constructed
on each lot. Bona fide servant’s quarters, however, may be provided
in an accessory building at the rear of the property in accordance
with the requirements set forth in division 7.
(2)
In the R-2 district, multiple-family dwellings may be constructed
on any lot provided that the minimum land area per family unit is
not less than 1,875 square feet. The maximum number of family units
allowable on any lot where multiple-family dwelling units are permitted
shall be determined by dividing the total number of square feet in
the lot by 1,875.
(Ordinance 90-17 adopted 8/21/90)
