[HISTORY: Adopted by the City Council of the City of Collinsville 5-13-2013 by Ord. No. 540. Amendments noted where applicable.]
That the City of Collinsville Zoning Ordinance, passed and approved
on the _____ day of _____, 2000, together with all amendments thereto,
is amended in its entirety to read as follows:
The Zoning Districts and Regulations as herein established have
been made in accordance with a Comprehensive Plan for the purpose
of promoting the health, safety, morals and general welfare of the
City, and for the protection and preservation of places and areas
of historical and cultural importance and significance. They have
been designed to regulate and restrict the height, number of stores
and size of buildings and other structures; the percentage of the
lot that may be occupied, the size of the yards, courts and other
open spaces; the density of population and the location and use of
buildings, structures and land for business, residence and other purposes;
and, in the case of designated places and areas of historical and
cultural importance, to regulate and restrict the construction, alteration,
reconstruction or razing of buildings and other structures; to lessen
congestion in the streets, to secure safety from fire, panic and other
dangers; to provide adequate light, air and prevent the overcrowding
of land; to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewer, schools, parks
and other public requirements, and with a view of conserving the value
of buildings and encouraging the most appropriate use of land throughout
the City.
[Amended 7-11-2022 by Ord. No. 711-2022]
The City of Collinsville is hereby divided into zoning districts,
which shall be known as:
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
A
|
Agricultural
|
|
R-1
|
Single-Family Residential
|
|
R-2
|
Multifamily Residential
|
|
C-1
|
Local Business
|
|
C-2
|
Commercial
|
|
C-3
|
Central Area Commercial
|
|
I-1
|
Light Industrial
|
|
I-2
|
Heavy Industrial
|
|
PD
|
Planned Development
|
A.
The boundaries of the zoning districts set out herein are delineated
upon the Zoning District Map of the City of Collinsville, said map
being a part of this chapter as fully as if the same were set forth
herein in detail.
B.
Two original, official and identical copies of the Zoning District
Map are hereby adopted, each bearing the signature of the Mayor and
the attestation of the City Secretary and shall be maintained as follows:
A.
The district boundary lines shown on the Zoning District Map are
usually along the center line of streets or alleys, property lines
or extension thereof. Where uncertainty exists as to the boundaries
of districts as shown on the Official Zoning Map, the following rules
shall apply:
(1)
Boundaries indicated as approximately following the center line or
right-of-way lines of streets, highways or alleys shall be construed
to follow the center line of right-of-way lines of such streets.
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following City limits shall
be construed as following City limits.
(4)
Boundaries indicated as following railroad lines shall be construed
to be the center line of the right-of-way, or if no center line is
established, the boundary shall be interpreted to be midway between
the right-of-way lines of such railroad.
(5)
Boundaries indicated as following shorelines or center lines of streams
shall be construed to follow such shorelines and, in the event of
change in the shoreline, shall be construed as moving with the actual
shoreline; boundaries indicated as approximately following the center
lines of streams, drainageways or draws shall be construed to follow
such center lines.
(6)
Distances not specifically indicated on the original Zoning Map shall
be determined by the scale of the Map.
(7)
Whenever any street, alley or other public way is vacated by official
action of the City of Collinsville or whenever such area is franchised
for building purposes, the zoning district line adjoining each side
of each street, alley or other public way shall be automatically extended
to the center line of such vacated street, alley or way and all area
so involved shall then and henceforth be subject to all regulations
of the extended districts.
B.
Where physical features on the ground are at variance with information shown on the Official Zoning District Map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the provisions of § 760-5A, the property shall be considered as classified A Agricultural District temporarily in the same manner as provided for newly annexed territory.
All territory hereafter annexed to the City of Collinsville
shall be temporarily classified as A Agricultural District until permanent
zoning is established by the City Council for the City of Collinsville.
If the annexed property already exists with development on it, it
will be brought in as that classification. The procedure for establishing
permanent zoning on annexed territory shall conform to the procedure
established by law for the adoption of the original zoning regulations.
A.
Use of land and buildings. Land and buildings in each of the following
classified districts may be used for any of the following listed uses,
but no land shall hereafter be used and no building or structure shall
hereafter be erected, altered, converted, used or occupied which is
arranged, designed or used for other than those uses specified for
the district in which it is located as set forth by the following
schedule of uses:[1]
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
B.
Legend for interpreting schedule of use:
C.
Planned Development District (PD). Property located in a PD District
shall be developed in accordance with this chapter, including the
following regulations:
[Added 7-11-2022 by Ord. No. 711-2022]
(1)
Purpose.
(a)
The PD District is a zoning category that allows the use of
unique and innovative land use and design techniques to further the
City's development goals. PD zoning allows an applicant to:
[1]
Create combinations of uses, structures, and open spaces not
otherwise permitted under established regulations;
[2]
Utilize flexible design techniques that take into account the
use of adjacent properties, the needs of future occupants and users
of the planned development and the emergence of new development trends;
[3]
Mitigate the impacts of new construction on traffic, the environment,
public facilities, and services;
[4]
Protect existing natural assets, such as trees, creeks, floodways,
wildlife habitats, and scenic views and to preserve historic places
and structures;
[5]
Promote the efficient use of land and the adequacy of public
facilities and services; and
[6]
Further the vision of the Comprehensive Plan.
(b)
Planned Development zoning is intended to ensure compliance
with good zoning practices while allowing specific desirable departures
from the strict provisions of current zoning classifications. While
greater flexibility is given under PD zoning than in other zoning
districts, it is not intended to be used to circumvent the standard
requirements of this chapter or to allow the misuse of this flexibility.
(2)
Application and review process, generally. A complete application
for a PD District shall be processed in accordance with this section.
All information required by the City shall be on the application form.
The appropriate fee is identified on the City's Fee Schedule.
Incomplete applications will not be processed for review.
(3)
The establishment of the PD must be made by approval of the City
Council following public hearings and a recommendation of the Planning
and Zoning Commission as to the proposal. The Planning and Zoning
Commission's recommendation may include modifications to the
PD conditions. The City Council may approve or modify the PD conditions
or deny the establishment or amendment of a PD at its sole discretion
based on the merits of the proposal.
(4)
The City may also create a PD on its own initiative subject to all
of the same procedures as for an application submitted by a private
owner or developer, including notification requirements and public
hearings before the Planning and Zoning Commission and City Council.
(5)
Mandatory preapplication conference. Prior to submitting a PD application,
the applicant shall meet with the Director of Planning ("Director")
or designee to receive information regarding application procedures
and requirements. The applicant shall submit preliminary development
concept(s) or other relevant materials to the meeting to facilitate
the discussion. This meeting must occur in accordance with City deadlines
for application submittals. The applicant shall be required to sign
a waiver acknowledging that this preapplication conference shall not
initiate a vested right for the project under Chapter 245 of the Texas
Local Government Code. A preapplication conference shall not commence
or be held unless the property owner, or applicant as an authorized
agent of the property owner, signs a vested rights waiver stating
that no vested rights shall accrue from any discussion that occurs
at the preapplication conference. If the property owner does not sign
a vested rights waiver, no such conference shall be held, and the
property owner or his/her representatives may proceed with his/her
application submittal as he/she so chooses. A copy of the vested rights
waiver form shall be available in the office of the Planning Director.
(6)
Base zoning district. Uses and standards within the PD District shall
generally conform to one or more base zoning districts in this chapter
unless specifically stated otherwise in the PD ordinance. Applications
for PD zoning shall identify all requested deviations from the standard
requirements of this chapter in each applicable district and may be
more or less restrictive than those of the base zoning district. All
other standards of the applicable base zoning district(s) and all
other sections of this chapter shall be enforced unless specifically
stated or modified in the ordinance establishing the PD District.
(7)
Uses. The uses established for a planned development shall be those
listed in the application and approved in the ordinance governing
the property. The uses allowed in the PD District shall generally
be compatible with those of the zoning district upon which the PD
regulations are based. The request shall specify the base zoning district
upon which the PD is based, and any deviations, whether additions
or deletions, from the standard list. The uses should be chosen to
achieve a unique development that would enhance the community and
conform to the goals of the Comprehensive Plan. Residential and nonresidential
uses may be combined on a single property or in a single development
within a PD District. Uses allowed by specific use permit (SUP) in
the chosen base zoning district may be allowed as a permitted use
or by SUP in the PD District. Any use that is not specifically listed
as permitted or eligible for SUP consideration under the PD regulations
shall be prohibited unless the PD is subsequently amended.
(8)
Area and height regulations. An application for PD zoning should
refer to the area and height regulations of the chosen base zoning
district or may propose area and height regulations that are not the
same as those under the base district. The application shall include
the proposed area and height requirements for each tract of land within
the PD, if there are multiple tracts.
(9)
Parking. Parking for all uses in the PD District shall comply with
the requirements of this chapter unless otherwise stated in the PD
application and in the ordinance establishing the PD. Reduced parking
requirements may be requested if the applicant can demonstrate that
some portion of the parking typically demanded by a development can
be reduced based on the mixing of uses within a single integrated
project. Shared parking may be considered for uses not normally open,
used, or operated during the same hours as adjacent uses, or when
other special circumstances exist. Owner(s) authorization and agreement
to use the shared spaces must accompany the PD application.
(10)
Application. An application for PD zoning shall be accompanied
by the following information, and no application shall be deemed complete
until all of the following plans and information have been submitted:
(a)
Applicant's statement. Each application for PD zoning shall
include a statement from the applicant describing the vision, general
intent, and characteristics of the proposed development, including
information such as a summary of uses, building types and sizes, plans
for landscaping and open space, screening, the buffering of/transition
to adjacent properties, the provision of utility services and other
key features of the proposed development, other information the applicant
may wish to provide to clarify the request and any other details the
Director deems necessary to consider the planned development request
and its potential impacts. The statement will generally demonstrate
how the proposed planned development will be a benefit to the City.
(b)
PD standards. The standards for the proposed planned development
shall be specified in the application as follows and shall apply to
each tract, if more than one tract is planned:
[1]
Title of the planned development;
[2]
List of owner(s) and/or developer(s) for the property;
[3]
The boundaries (including bearing and distances) of the subject
property, the adjacent roadways, and the zoning of bordering properties;
[4]
Total land area for the PD District;
[5]
Land area per tract, if applicable;
[6]
Legal descriptions (metes and bounds) for the total land area
as well as individual tracts;
[7]
Proposed uses; for multiple tracts within the area of the PD
District, the uses for each tract shall be specified;
[8]
Minimum lot size (minimum width, depth, and lot area) by land
use type;
[9]
Maximum overall density and overall number of lots/units per
gross and net acre for single-family and multifamily development;
[10]
Maximum number of residential units by type;
[11]
Minimum unit size/dwelling area of residential
units by type;
[12]
Maximum building area and floor area ratio for
nonresidential buildings, including the maximum building area and
floor area ratio for each tract, if applicable;
[13]
Minimum front setback for each tract;
[14]
Minimum side setback for each tract;
[15]
Minimum rear setback for each tract;
[16]
Maximum lot coverage for each tract;
[17]
Areas reserved for landscaping and/or open space
(including square footage for each tract, if applicable) or private
amenity areas and concept plan for the development of these areas;
[18]
Brief description of provisions for the maintenance
of any common areas by an association of homeowners or property owners,
if applicable, not including the legal documents establishing the
association. All open space, common areas, screening and landscaping
as a screening device shall located in a lot(s) to be owned and maintained
by an association;
[19]
Minimum building height for each tract;
[20]
Maximum building height for each tract;
[21]
Proposed parking standards for each use and number
of parking spaces;
[22]
Proposed conceptual landscaping and screening
(required) between residential and nonresidential/multifamily zoning
boundaries;
[23]
Proposed conceptual landscaping including spacing
for trees, shrubs, and ground cover for nonresidential development;
[24]
Proposed screening of loading, utility, and service
areas;
[25]
Proposed screening for roofs and roof-mounted
equipment;
[26]
Provisions for special lighting in nonresidential
and mixed-use areas for each tract;
[27]
Provisions for signage in nonresidential and mixed-use
areas for each tract;
[28]
Exterior building materials, including minimum/maximum
percentages for each type of material if applicable;
[29]
Restrictions pertaining to accessory buildings,
if any;
[30]
Right-of-way or other areas to be dedicated to
the City, if any;
[31]
A traffic impact analysis (TIA) may be required
identifying current traffic counts for surrounding streets, existing
street capacity, traffic projections from the proposed PD, level of
service (LOS) analysis, recommendations for mitigation, if needed.
A TIA is recommended to be submitted voluntarily with the initial
application to address concerns of increased traffic and inadequacy
of facilities. The TIA shall be prepared by a professional engineer
licensed in Texas and qualified to perform a TIA;
[33]
All standards and regulations that are not identified
in the PD standards will be in compliance with this chapter as exists,
or may be amended; and
[34]
Other conditions or materials as appropriate to
support the request or deemed required by the Planning Director for
the application.
(11)
Concept plan. An application for PD zoning shall include a concept
plan drawing to facilitate understanding of the request. The concept
plan shall indicate existing major physical features, property boundaries,
existing tree canopy, topography, floodplain, the preliminary layout
of proposed uses, proposed number of lots and preliminary lot areas,
proposed structures and building groupings, parking and loading areas,
proposed points of access to adjacent roadways, driveways and dimensions
to adjacent existing access points, internal streets and alleys, landscape
areas, utilities, and, if applicable, project phasing and other pertinent
development data. The concept plan shall include adjacent property
owner information, platted subdivisions, and driveways for a distance
of 200 feet from the property boundaries. The concept plan shall be
construed as an illustration of the development concepts and not an
exact representation of all specific details. The request for Planned
Development zoning shall not be reviewed or approved without the accompanying
concept plan, which shall be attached to, and become a part of, the
PD ordinance for the property upon approval.
(12)
Building elevations. Proposed building elevations for nonresidential
and multifamily uses identifying materials, colors and general percentages
of materials shall be submitted with the PD application. Residential
elevations illustrating the general product may be submitted to support
the development proposal.
(13)
Phasing schedule. If the proposed development will not be constructed
as a single project, a schedule, including timing, sequencing, and
phasing for the development of the property, shall be included in
the application and shall be attached to, and become a part of, the
PD ordinance for the property upon approval.
(14)
Development impact report. As part of the consideration of a
planned development application, a written report shall be submitted
with the PD application demonstrating the project's impact on
any or all of the following:
(a)
Planning, including the Comprehensive Plan and the Thoroughfare
Plan (City and county);
(b)
Engineering;
(c)
Building inspections;
(d)
Water;
(e)
Sanitation;
(f)
Public safety (police fire protection, emergency medical services);
(g)
Traffic;
(h)
Tax collections forecast (sales and ad valorem);
(i)
School district(s) attendance forecast; and
(j)
Private utility companies (gas, electric, telephone, etc.).
(15)
Review process. Upon receipt of complete application as determined by the Director of Planning (or designee), the application for PD zoning shall be reviewed under the process governing the review of an application for rezoning as described in § 760-29, Amendments, in this chapter and V.T.C.A., Local Government Code Chapter 211, including notification, public hearings before the Planning and Zoning Commission and City Council, and testimony from the applicant, the Director of Planning (or designee), and others who have an interest in the matter, facts, and opinions concerning the proposed use and conditions to which such use would be subject.
(16)
Zoning Map reference. A PD District established in accordance
with the provisions of this section shall be numerically referenced
in consecutive order on the City's Official Zoning Map. A list
of approved planned developments, together with the category of uses
permitted within them and the concept plan, shall be maintained in
the Department.
(17)
Amendment to a Planned Development District concept plan. Any
changes in the ordinance adopting a PD District or the PD concept
plan shall be in accordance with the same process used to establish
the original PD, except that the following minor amendments to the
concept plan may be approved administratively:
(a)
Minor amendments. Minor amendments to the standards of a PD
District or the accompanying concept plan shall be defined as a change
which does not:
[1]
Alter the boundaries of the PD tract;
[2]
Change the list of permitted uses;
[3]
Increase the total building square footage by more than 10%
or decrease the total building square footage by 25%;
[4]
Increase the number of residential units by more than 10%;
[5]
Increase building height or floor area ratio;
[6]
Decrease the setbacks or increase the maximum lot coverage;
[7]
Alter the parking ratios specified so as to require fewer spaces;
[8]
Substantially alter access to the site, on-site circulation,
or access or circulation on adjacent properties;
[9]
Reduce the amount, quality or effectiveness of open space areas,
required screening, or landscape buffers;
[10]
Substantially change the size or configuration
of single-family residential lots;
[11]
Change the relationship of the proposed development
to surrounding properties; or
[12]
Conflict with other regulations with the PD ordinance.
(b)
Approval of minor amendments. The Planning Director (or designee) may, upon written application and explanation of the change by the owner of the property and review and recommendation by the Planning Department and other affected departments, approve minor amendments to a PD concept plan as described in Subsection C(17)(a) above without a public hearing. If the Director determines that the criteria for are not met, the request for a minor amendment to a PD concept plan shall be denied.
(c)
Major amendments. Any other change to a PD concept plan shall
be considered a change in zoning and shall be considered using the
same process as for the original application, including the payment
of an application fee, notification and public hearings before the
Planning and Zoning Commission and City Council in this chapter and
the V.T.C.A., Local Government Code§ 211.006.
(d)
Major amendments by tract. An existing PD may be amended by
tract or tracts and will not require the entire acreage of the overall
planned development to be reconsidered or noticed per state law.
(e)
Reversion. The owner of the property zoned Planned Development may request to abandon the PD, including the concept plan, by making an application for the previous zoning or a new classification. Such an application shall be considered under the same process as for a rezoning request as required by § 760-29, Amendments, in this chapter and the V.T.C.A., Local Government Code § 211.006.
(f)
Reapplication. If an application for the creation of a PD is
denied by City Council, another application for reclassification of
the same property or any portion thereof shall not be filed within
a period of one year from the date of final denial, except upon written
appeal of the applicant and approval by the City Council.
(18)
Building permits. No building permit(s) shall be issued for
development of the property in a planned development until the plat(s),
site plan(s), engineering/construction plans and all other required
documents have been reviewed and approved by the City. No building
permit shall be issued based on an approved concept plan only, and
no certificate(s) of occupancy shall be issued until development on
the property conforms to said required plans.
(19)
Neighborhood meeting. The applicant is encouraged to conduct
a neighborhood meeting with the area homeowners/property owners in
the vicinity of the rezoning/planned development request prior to
appearing before the Planning and Zoning Commission. The applicant
shall notify the Planning Director of any scheduled neighborhood meetings
at least seven calendar days prior to the meeting, and the Director
or his designee may attend the neighborhood meeting to observe and
provide information related to the rezoning process.
A.
For the purpose of this chapter, the following words and terms as
used herein are defined to mean the following:
B.
ACCESSORY BUILDING (FARM)
ACCESSORY BUILDING (RESIDENTIAL)
ACCESSORY BUILDING OR USE
ADVERTISING SIGN (POSTER PANEL, PAINTED BULLETINS OR OTHER ADVERTISING
DEVICES)
AGRICULTURAL SIGN
AGRICULTURE
AIRPORT or LANDING FIELD
ALLEY
ALTERATION
AMUSEMENT, COMMERCIAL (INDOOR)
AMUSEMENT, COMMERCIAL (OUTDOOR)
ANTIQUE SHOP
APARTMENT
APARTMENT HOTEL
APARTMENT HOUSE (MULTIPLE-FAMILY DWELLING)
APARTMENT NAME SIGN
ART GALLERY or MUSEUM
BASEMENT
BLOCK
BOARDINGHOUSE or LODGING HOUSE
BUILDING
CHURCH or RECTORY
CLEANING OR LAUNDRY SELF-SERVICE SHOP
CLEANING SHOP or LAUNDRY (LIMITED AREA)
COLLEGE or UNIVERSITY
COMMUNITY CENTER (PUBLIC)
COUNTRY CLUB (PRIVATE)
COURT
CURB LEVEL
CUSTOM PERSONAL SERVICE SHOP
DANCE HALL or NIGHTCLUB
DAY CAMP FOR CHILDREN
DEVELOPMENT SIGN
DWELLING
DWELLING, TWO-FAMILY
FAMILY
GARAGE, COMMUNITY
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE
GENERAL BUSINESS SIGN
GOLF COURSE (COMMERCIAL)
GROSS LEASABLE AREA
HEIGHT OF BUILDINGS
(1)
(2)
(3)
HEIGHT OF YARD OR COURT
HELIPORT
HELISTOP
HOME OCCUPATION
HOSPITAL (ACUTE CARE)
HOSPITAL (CHRONIC CARE)
HOTEL or MOTEL
INSTITUTION FOR ALCOHOLIC, NARCOTIC OR PSYCHIATRIC PATIENTS
INSTITUTIONAL SIGN
KINDERGARTEN or NURSERY
LIGHT FABRICATION AND ASSEMBLY PROCESSES
LIVESTOCK AUCTION
LOCAL UTILITY LINE
LOT
LOT, CORNER
LOT, INTERIOR
LOT, REVERSE CORNER
LOT, THROUGH
LOT DEPTH
LOT LINES
LOT LINES, FRONT
LOT LINES, REAR
LOT LINES, SIDE
LOT WIDTH
LOTS IN SEPARATE OWNERSHIP AT THE TIME OF THE PASSAGE OF THIS
ORDINANCE
MINI STORAGE WAREHOUSES
MOBILE HOME AS A FIXED DWELLING
MODULAR OR FACTORY-FABRICATED DWELLING
NAMEPLATE
NONCONFORMING USE, BUILDING OR YARD
NURSING HOME or RESIDENCE FOR AGED
OFF-STREET PARKING INCIDENTAL TO MAIN USE
PARK OR PLAYGROUND (PUBLIC)
PARKING LOT OR STRUCTURE (COMMERCIAL)
PLACE
PLAY FIELD OR STADIUM (PUBLIC)
PUBLIC BUILDING, SHOP OR YARD OF LOCAL, STATE OR FEDERAL AGENCY
RADIO, TELEVISION OR MICROWAVE TOWERS
RAILROAD TEAM TRACKS
RAILROAD TRACK OR RIGHT-OF-WAY
REAL ESTATE SIGN
SCHOOL (BUSINESS)
SCHOOL (COMMERCIAL TRADE)
SCHOOL, PUBLIC OR DENOMINATIONAL
SERVICE FLOOR AREA
SIGN (CONSTRUCTION)
SINGLE-FAMILY DWELLING, ATTACHED
SINGLE-FAMILY DWELLING, DETACHED
STABLE, PRIVATE
STABLE, PUBLIC
STABLE, RIDING
STABLE OR ANIMAL SHELTER, PRIVATE
STORY
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
SWIMMING POOL, COMMERCIAL
SWIMMING POOL, PRIVATE
TELEPHONE EXCHANGE, SWITCHING RELAY AND TRANSMITTING STATION
TEMPORARY FIELD OFFICE or CONSTRUCTION OR YARD OFFICE
TRAILER HOUSE or MOBILE HOME
TRAILER HOUSE OR MOBILE HOME COURT
VARIANCE
WRECKING OR AUTO SALVAGE YARD
YARD
YARD (FRONT)
YARD (REAR)
YARD (SIDE)
ZOO (COMMERCIAL)
ZOO (PRIVATE)
Words used in the present tense include the future; words in the
singular number include the plural; and words in the plural number
include the singular; the word "building" includes the word "structure";
the word "shall" or the word "must" is mandatory; the term "used for"
includes the meaning "designed for" or "intended for."
A structure, other than a dwelling, on a farm as herein defined,
for the housing, protection, or storage of the usual farm equipment,
animals, or crops.
In a residence district, a subordinate building, attached
or detached and used for a purpose customarily incidental to the main
structure such as a private garage for automobile storage, toolhouse,
lathhouse, or greenhouse as a hobby (no business), home workshop,
children's playhouse, storage or garden shelter, but not involving
the conduct of a business.
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building; or a use
customarily incident to the main use of the property. A building housing
an accessory use is considered an integral part of the main building
when it has any part of a wall in common with the main building, or
is under an extension of the main roof and designated as an integral
part of the main building.
A sign which is usually a primary use of land and which promotes
and advertises commodities or services not limited to being offered
on the premises on which such signs are located.
An accessory sign identifying the farm or ranch on which
it is placed and advertising the produce, crops, animals or poultry
raised or quartered thereon.
The planting, cultivation, harvesting and storage of grains,
hay or plants commonly grown in the vicinity or the raising and feeding
of livestock and poultry shall be considered an agriculture venture
if the area in which the livestock or poultry is kept is 10 acres
or more in area.
An area improved for the landing or takeoff of aircraft approved
by the City of Collinsville for operation as an aircraft landing facility.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
An amusement enterprise wholly enclosed in a building which
is treated acoustically so that noise generated by the enterprise
is not perceptible at the boundary property line and including, but
not limited to, a bowling alley or billiard parlor.
Any amusement enterprise offering entertainment or games
of skill to the general public for a fee or charge wherein any portion
of the activity takes place in the open, including, but not limited
to, a golf driving range, archery range or miniature golf course.
An establishment offering for sale, within a building, articles
such as glass, china, furniture or similar furnishings and decorations
which have value and significance as a result of age, design or sentiment.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
An apartment house 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.
A building arranged or designed for more than two families.
An accessory sign for the identification of an apartment
building or complex of apartment buildings.
An institution for the collection, display, and distribution
of art or science, and which is sponsored by a public or quasi-public
agency and which facility is open to the general public.
A story below the first story, as defined under "story,"
counted as a story for height regulations if subdivided and used for
dwelling purposes other than by a janitor or watchman employed on
the premises.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys. In cases where the platting is incomplete
or disconnected, the Building Inspector shall determine the outline
of the block.
A building other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for five or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
An enclosed structure, anchored to permanent foundation,
and having exterior or party walls and a roof, designed for the shelter
of persons, animals or property. When divided by other than common
or contiguous walls, each portion or section of such building shall
be regarded as a separate building, except that two buildings connected
by a breezeway shall be deemed as one building.
A place of worship and religious training of recognized religions,
including on-site housing of ministers, rabbis, priests, nuns and
similar staff personnel.
To be of the customer self-service type and not a commercial
laundry or cleaning plant.
A custom cleaning shop not exceeding 2,500 square feet of
floor area.
An academic institution of higher learning, accredited or
recognized by the state and offering a program or series of programs
of academic study.
A building or grounds owned or operated by a governmental
body for the social, recreational, health, or welfare of the community
served.
An area of 20 acres or more containing a golf course and
a clubhouse and available only to private, specific membership; such
a club may contain adjunct facilities such as a private club, dining
room, swimming pool, tennis courts and similar recreational or service
facilities.
An open, unoccupied space, other than a yard, bounded on
three or more sides by exterior walls of a building, or by exterior
walls of a building and lot lines on which walls are allowable.
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
Tailor, dressmaker, shoe shop or similar shop offering custom
service.
An establishment offering to the general public facilities
for dancing and entertainment for a fee and subject to licensing and
regulation by the City of Collinsville.
A facility arranged and conducted for the organized recreation
and instruction of children, including outdoor activities, on a daytime
basis.
A temporary accessory sign related to the promotion of new
development and located on the premises involved in the development.
A building or portion thereof, designed exclusively for residential
occupancy, including one-family, two-family, and multiple dwellings,
boardinghouses and lodging houses, apartment houses, and apartment
hotels, but not hotels, house trailers or mobile homes.
A building arranged, intended or designed for occupancy by
two families.
One or more persons who are related by blood or marriage,
living together and occupying a single housekeeping unit with single
kitchen facilities; or a group of not more than five (excluding servants),
living together by joint agreement and occupying a single housekeeping
unit with single kitchen facilities.
A building or portion thereof, other than a public private
or storage garage as defined below, providing storage for motor vehicles
with facilities for washing but no other services, such garage to
be in lieu of private garages within a block or portion of block.
An accessory building for storage primarily of motor vehicles.
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.
A building, or portion thereof, except those defined as a
"private," a "public," or a "community" garage, providing storage
for more than four motor vehicles, with facilities for washing but
no other services.
An accessory sign or graphic device which advertises only
commodities or service offered on the premises where such signs are
located and not of the billboard, poster-panel or painted-bulletin
type. Portable business signs shall not be located in the public right-of-way
or any street or highway, nor shall such signs be displayed in front
of any required yard line herein established.
A golf course, privately owned, but open to the public for
a fee and operated as a commercial venture.
The total floor area of all buildings designed for tenant
occupancy and exclusive use, including basement, mezzanine and upper
floors, if any, measured from the center line of joint partitions
and from outside wall faces.
The vertical distance measured from the highest of the following
three levels:
From the street curb level.
From the established or mean street grade in case the curb has
not been constructed.
From the average finished ground level adjoining the building
if it sets back from the street line; to the level of the highest
point of the roof beams of flat roof or roofs inclining not more than
one inch to the foot; or to the mean height of the top of the main
plates and highest ridge for other roofs.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
A landing facility for rotary-wing aircraft subject to regularly
scheduled use, and may include fueling or servicing facilities for
such craft, and subject to approval by the City of Collinsville.
A landing pad for occasional and infrequent use by rotary-wing
aircraft not exceeding a gross weight of 10,000 pounds and not for
regularly scheduled stops and subject to approval by the City.
A "home occupation" is an occupation carried on in the home
by a member of the occupant's family, without the employment of additional
persons, without the use of a sign to advertise the occupation, without
offering any commodity for sale on the premises and which does not
create obnoxious noise or other obnoxious conditions to abutting residential
property such as emission of odor, increased traffic or generation
of light or smoke, and where the use is carried on in the main structure
only. A home occupation shall specifically exclude the operation of
a repair garage, plumbing shop or similar activity.
An institution where sick or injured patients are given medical
or surgical treatment intended to restore them to health and an active
life and which is licensed by the State of Texas.
An institution where those persons suffering from illness,
injury, deformity, deficiency of age are given care and treatment
on a prolonged or permanent basis and which is licensed by the State
of Texas.
A building or group of buildings designed and occupied as
a temporary abiding place of individuals. To be classified as a hotel
or motel, an establishment shall contain a minimum of six individual
guest rooms or units and shall furnish customary hotel services such
as linen, maid service, telephone, use and upkeep of furniture.
An institution offering resident or outpatient treatment
to alcoholic or narcotic patients.
An accessory sign for the identity of a school, church, hospital
or similar public or quasi-public institution.
An establishment where more than three children are housed
for care or training during the day or portion thereof.
Including the manufacturers of clothing, jewelry, trimming
decorations and any similar item not involving the generation of noise,
odor, vibration, dust or hazard.
Barns, pens and sheds for the temporary holding and sale
of livestock.
The facilities provided by a municipality or a franchised
utility company for the distribution or collection of gas, water surface
drainage water, sewage, electric power or telephone service, including
pad- or pole-mounted distribution transformers, which includes either
above- or belowground service.
A parcel of land occupied or to be occupied by one main building
or unit group of buildings, and the accessory buildings or uses customarily
incident thereto, including such open spaces as are required under
this chapter, and having its principal frontage upon a public street
or approved place. A lot as used herein may consist of one or more
platted lots, or tract or tracts, as conveyed, or parts thereof.
A lot abutting upon two or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimensions, unless otherwise specified by the Building Inspector.
A lot whose side lot lines do not abut upon any street.
A corner lot whose front lot line faces at right angles to
the front lot lines of the interior lots or whose rear lot line abuts
the side lot lines of interior lots.
An interior lot having frontage on two streets.
The mean horizontal distance from the street line to the
rear line.
The lines bounding a lot as defined herein.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distant from
the front street line; except that, in the case of uncertainty, the
Building Inspector shall determine the rear line.
Any lot boundary line not a front or rear line thereof. A
sideline may be a party lot line, a line bordering on an alley or
place or a side street line.
The horizontal distance between sidelines, measured at the
front building line.
A lot whose boundary lines, along their entire length, touched
lands under other ownership as shown by plat or deed recorded in the
office of the Recorder of Deeds of the county on or before the date
of the adoption of this chapter.
A building or group of buildings in a controlled-access compound
that contains individual compartmentalized and controlled access stalls
or lockers of varying sizes not to exceed 500 square feet for the
storage of the user's goods or wares.
A dwelling designed to be transported in not more than two
sections (double wide) on the highway which is placed on a lot, connected
to utilities and occupied as a fixed dwelling.
A dwelling fabricated off-site and assembled from three or
more units or sections as a fixed dwelling unit on a lot or tract
of land.
An accessory sign showing only the name and address of the
owner or occupant of the premises on which it is erected or placed.
A use, building or yard which does not, by reason of design,
use or dimensions, conform to the regulations of the district in which
it is situated. It is a legal nonconforming use if established prior
to the passage of this chapter.
A home where ill or elderly people are provided with lodging
and meals with or without nursing care.
Off-street parking spaces provided in accordance with the
requirements specified by this chapter and located on the lot or tract
occupied by the main use or within 150 feet of such lot or tract and
located within the same zoning district as the main use or in an adjacent
parking district.
An open recreation facility or park owned and operated by
a public agency such as the City or School Board and available to
the general public.
An area or structure devoted to the parking or storage of
automobiles for a fee. May include, in the case of a parking structure
only, a facility for servicing of automobiles, provided such facility
is primarily an internal function for use only by automobiles occupying
the structure and creates no special problems of ingress or egress.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
An athletic field or stadium owned and operated by a public
agency for the general public, including a baseball field, golf course,
football field or stadium.
Facilities such as office buildings, maintenance yards and
shops required by branches of local, state or federal government for
service to an area such as Highway Department Yard, City Service Center
or Experiment Station.
Structures supporting antennae for transmitting or receiving
any portion of the radio spectrum, but excluding noncommercial antennae
installations for home use of radio or television.
A siding for spotting and unloading or loading boxcars or
other railroad cars and which area is connected to a public street
by a drive for access.
But not including railroad stations, sidings, team tracks,
loading facilities, docks, yards or maintenance areas.
A temporary accessory sign pertaining to the sale or rental
of property and advertising property only for use for which it is
legally zoned.
A business organized to operate for a profit and offering
instruction and training in a service or art such as a secretarial
school, barber college, beauty school or commercial art school, but
not including manual trade schools.
A business organized to operate for a profit and offering
instruction and training in a trade such as welding, bricklaying,
machinery operation and similar trades.
A school under the sponsorship of a public or religious agency
having a curriculum generally equivalent to public elementary or secondary
schools, but not including trade or commercial schools.
The total floor area of a building exclusive of stairways,
restrooms, storage rooms, hallways or other areas which are not regularly
used by inhabitants, visitors, employees, clients, customers, patients
or patrons in their normal everyday use of the building.
A temporary accessory sign identifying the property owner,
architect, contractor, engineer, landscape architect, decorator or
mortgagee engaged in the design, construction or improvement of the
premises on which the sign is located.
A dwelling constructed on the lot which is joined to another
dwelling at one or more sides by a party wall or abutting separate
wall and which is designed for occupancy by one family and is located
on a separate lot delineated by front, side and rear lot lines.
A dwelling constructed on the lot designed and constructed
for occupancy by one family and located on a lot or separate building
tract and having no physical connection to a building located on any
other lot or tract and occupied by one family.
An accessory building for the keeping of horses, ponies or
cows, owned by occupants of the premises and not kept for remuneration,
hire or sale.
A stable other than a private or riding stable as defined
herein.
A structure in which horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for remuneration,
hire or sale.
An accessory building for quartering horses or other livestock
(not household pets) when the stable or building is set back from
all adjacent property lines at least 50 feet and when the site contains
a minimum area of one acre for each animal quartered.
That part of a building included between the surface of one
finished floor and the surface of the finished floor next above or,
if there be no floor above, that part of the building which is above
the surface of the highest floor thereof. A "top-story attic" is a
half story when the main line of the eaves is not above the middle
of the interior height of such story. The "first story" is the highest
story having its interior floor surface not more than four feet above
the curb level, established or mean street grade, or average ground
level, as mentioned in the height of buildings section.
A right-of-way which affords principal means of vehicular
access to property abutting thereon.
The dividing line between the street and the abutting property.
Any alteration involving a change in or addition to the supporting
members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on
the ground or is attached to something having a location on the ground,
including, but not limited to, signs, and excepting utility poles,
fences and retaining walls.
A swimming pool with accessory facilities, not part of the
municipal or public recreational system and not a private swim club,
but where the facilities are available to the general public for a
fee.
A swimming pool constructed for the exclusive use of the
residents of a single-family, two-family or multiple-family dwelling
and located and fenced in accordance with the regulations of the State
of Texas. A private swimming pool shall not be operated as a business
nor maintained in a manner to be hazardous or obnoxious to adjacent
property owners.
But not including public business facilities, storage or
repair facilities.
A structure or shelter used in connection with a development
or building project for housing on the site of temporary administrative
and supervisory functions and for sheltering employees, equipment
or material.
Any structure used for living or sleeping purposes, having
no foundation other than wheels, blocks, skids, jacks, horses or skirtings,
and which has been, or reasonably may be, equipped with wheels or
other devices for transporting the structure from place to place.
Land used or intended to be used, let or rented for occupancy
by two or more house trailers or mobile homes.
Relief from or variation of the provisions of these regulations,
other than use regulations, as applied to a specific piece of property,
as distinct from rezoning, as further set out hereinafter in powers
and duties of the Board of Adjustment.[1]
A yard or building where automobiles or parts of automobiles
or machinery are stored, dismantled and/or offered for sale in the
open as whole units, as salvaged parts or as processed metal.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard, or the depth of a rear yard, the least shall
be used. Where lots abut a street that is designated a thoroughfare
on the Thoroughfare Plan, all yards abutting said street shall be
measured from a line one-half the proposed right-of-way width from
the center line, or from the lot line, whichever provides the greater
setback. On other lots, all yards abutting a street shall be measured
from a line 25 feet from the center line, or from the lot line, whichever
provides the greater setback.
A yard across the full width of the lot from the front line
of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
to the lot, and extending entirely from the front yard to the rear
yard.
A facility housing and displaying live animals, reptiles
or birds, privately owned and operated for a fee or for the promotion
of some other enterprise.
A publicly owned zoo or similar facility owned and operated
by a nonprofit zoological society where live animals, birds and reptiles
are domiciled and displayed.
A.
C-1 Local Business. In addition to the allowed uses set forth in
the use regulations for districts, the following conditions apply
to District C-1, Local Business:
(1)
No wholesale sales shall be conducted.
(2)
No merchandise or equipment shall be stored or displayed outside
a building.
(3)
All products shall be sold and all services rendered inside a building
except that banks and savings and loan establishments may have drive-up
services.
(4)
No noise, smoke, radiation, vibration or concussion, heat, or glare
shall be produced that is perceptible outside a building; and no dust,
fly ash, or gas that is toxic, caustic, or obviously injurious to
humans, animals or property shall be produced.
B.
C-2 Commercial, C-3 Central Area Commercial. In addition to the allowed
uses set forth in use regulations for districts, the following conditions
apply to Districts C-2 and C-3:
(1)
Drive-up or drive-in service may be provided at any establishment.
(2)
Any manufacturing, storage of materials for, or assembly of products
as permitted in the Use Regulations Chart[1] shall be entirely within a totally enclosed building.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
(3)
No noise, smoke, radiation, vibration or concussion, heat, or glare
shall be produced that is perceptible outside a building; and no dust,
fly ash, or gas that is toxic, caustic, or obviously injurious to
humans, animals, or property shall be produced.
C.
I-1 Light Industrial. In addition to the allowed uses set forth in
the use regulations for districts, the following conditions apply
to District I-1:
(1)
All operations shall be conducted within a fully enclosed building.
(2)
All storage of materials, products or equipment shall be within a
fully enclosed building or in an open yard so screened that said materials,
products or equipment are not visible at eye level within 1,000 feet
of the property line.
(3)
No use shall be permitted or so operated as to produce or emit:
(a)
Smoke or particulate matter of a No. 1 or darker on the Ringelmann
Chart.
(b)
Dust, fly ash, radiation, gases, heat, glare or other effects
which are obviously injurious to humans at the property line.
(c)
Vibration or concussion perceptible without instruments at the
property line.
(e)
Industrial wastes shall be of such a quantity and nature as
to not overburden the public sewage disposal facilities or to cause
odor and unsanitary effects beyond the property line.
A.
Space between mobile homes shall not be less than 20 feet.
B.
Two off-street parking spaces shall be provided for each unit.
C.
All drives and parking areas shall be paved according to City standards.
D.
Private drives and streets not dedicated as public rights-of-way
shall be no less than 20 feet in width.
E.
Protective lighting shall be provided on the site.
F.
Playground space shall be provided on the site.
G.
All units shall be connected to public sewer and water.
H.
Storm drainage facilities shall be according to City policy and approved
by the City Engineer.
An application for a mobile home park may be made at the Planning
and Zoning Commission in the same manner that an application for zone
change is made. The application shall be in writing, signed by the
applicant and shall include the following:
A.
The name and address of the applicant.
B.
The location and legal description of the mobile home park.
C.
A complete plan of the park in conformity with the specified use
regulations.
D.
Preliminary plans and specifications of all buildings, improvements
and facilities to be constructed within the mobile home park.
The City Council may, after public hearing and proper notice
to all parties affected, and after recommendations from the Planning
and Zoning Commission, authorize the location of certain uses indicated
by "S" in the Use Schedule.[1] The application shall be accompanied by a site plan showing
the general arrangement of the project, together with essential requirements
such as off-street parking facilities; size, height, construction
materials and location of buildings, and the uses to be permitted;
location and construction of signs; and means of ingress to and egress
from public streets. The City Council may establish conditions of
operating time limit, location, arrangement and construction of any
use for which a permit is authorized. The City Council may impose
such development standards and safeguards as the conditions and locations
indicate important to the welfare and protection of adjacent property.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
Except as hereinafter provided, no building or structure or
part thereof shall be erected, altered or converted for any use permitted
in the district in which it is located unless it is in conformity
with all the minimum regulations herein specified for lot area, lot
width, lot depth, lot coverage and front, side and rear yards.
The minimum residential lot area for the various districts shall
be in accordance with the following schedule, except that a lot having
less area than herein required which was an official lot of record
prior to the adoption of this chapter may be used for a single-family
dwelling, and no lot existing at the time of passage of this chapter
shall be reduced in area below the minimum requirements set forth
herein.
A.
In the following zoning districts, the minimum lot area for each
residential dwelling unit shall be in accordance with the following
schedule entitled "Minimum Lot Area/Family."[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
The minimum lot width for lots in the various districts used
for residential purposes shall be in accordance with the following
schedule, except that a lot having less width than herein required
which was an official lot of record prior to the adoption of this
chapter may be used as a single-family dwelling, and no lot existing
at the time of passage of this chapter shall be reduced in width below
the minimum set forth herein.
A.
In the following zoning districts, the minimum lot width for residential
uses shall be in accordance with the following schedule entitled "Minimum
Lot Widths."[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
The minimum lot depth for the various districts shall be in
accordance with the following schedule, except that a lot having less
depth than herein required which was an official lot of record prior
to the adoption of this chapter may be used for a single-family dwelling,
and no lot existing at the time of passage of this chapter shall be
reduced in depth below the minimum set forth herein.
A.
In the following zoning districts, the minimum lot depth for residential
uses shall be in accordance with the following schedule entitled "Minimum
Lot Depths."[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
In the following zoning districts, the minimum required yard
and dwelling size shall be in accordance with the following schedule;
and no building, structure or use shall hereinafter be located, erected
or altered so as to have a smaller front yard, side yard, rear yard
or dwelling size than hereinafter required; and no front yard, side
yard, rear yard or dwelling size existing at the time of passage of
this chapter shall be reduced below the minimum set forth in the following
schedule entitled "Minimum Front Yards, Side Yards, Rear Yards And
Dwelling Size."[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
The maximum percentage of any lot area which may hereafter be
covered by the main building and all accessory buildings shall not
exceed the following schedule:
|
District
|
Maximum Lot Coverage Main Buildings
|
Maximum Lot Coverage Main Building and All Accessory Buildings
|
|---|---|---|
|
A
|
35%
|
45%
|
|
R-1
|
35%
|
45%
|
|
R-2
|
40%
|
50%
|
|
C-1
|
35%
|
45%
|
|
C-2
|
40%
|
50%
|
|
C-3
|
100%
|
100%
|
|
I-1
|
40%
|
50%
|
|
I-2
|
40%
|
50%
|
A.
Front yard. Attached accessory buildings or structures shall have
a front yard not less than the main building. Detached accessory buildings
or structures shall be located in the area defined as the rear yard.
B.
Side yard. There shall be a side yard for any accessory building
or structure located in a residential area of not less than three
feet from any side lot line, alley line or easement line, except that
adjacent to a side street, the side yard shall never be less than
10 feet.
C.
Rear yard. There shall be a rear yard for accessory buildings or
structures not less than three feet from any lot line, alley line
or easement line. Where the rear lot extends to the adjacent street,
any accessory building shall lie at least 50 feet from such street.
In residential districts, the main building and all accessory buildings
shall not cover more than 50% of that portion of the lot lying to
the rear of a line erected joining the midpoint of one side lot line
with the midpoint of the opposite side lot line.
D.
Garage or carport. Where a garage or carport is designed and constructed
to be entered from an alley or side street, such garage or carport
shall be set back from the street or alley a minimum distance of 15
feet to facilitate access without interference with the use of the
street by other persons or vehicles.
No building or structure shall be located, erected or altered
so as to exceed the height limit hereinafter specified for the zoning
district in which the building is located:
A.
A Agricultural: Three stories as noted below.
B.
R-1 Single-Family Residential: 2 1/2 stories or 35 feet except
as noted below.
C.
R-2 Multifamily Residential: three stories or 45 feet except as noted
below.
D.
C-1 Local Business: Two stories except as noted below.
E.
C-2 Commercial: Two stories except as noted below.
F.
C-3 Central Area Commercial: Three stories or 45 feet except as noted
below
In the districts where the height of the buildings is restricted
to two or three stories, cooling towers, roof gables, chimneys and
vent stacks may extend for an additional height not to exceed 40 feet
above the average grade line of the building. Water standpipes and
tanks, church steeples, domes and spires, school buildings and institutional
buildings may extend for an additional height not to exceed 40 feet
above the average grade line of the building. Water standpipes and
tanks, church steeples, domes and spires, school buildings and institutional
buildings may be erected to exceed three stories in height in residential
areas restricted to two or three stories in height, provided that
one additional foot shall be added to the depth and width of the side
and rear yards for each foot that such structure exceeds three stories
in height.
Except as herein provided, no building or structure or part
thereof shall be erected, altered or converted for any use permitted
in the district in which it is located unless there shall be provided
on the lot or tract, on an immediately contiguous lot or tract or
within 150 feet of such building or structure, vehicle parking in
the following ratio of vehicle spaces for the uses specified in the
designated districts, except that an established use lawfully existing
at the effective date of this chapter need not provide vehicle parking
as hereinafter set forth and that no existing vehicle parking in connection
with said use at the effective date of this chapter may be reduced
below the minimum number of spaces as hereinafter required.
A.
In the following zoning districts, the minimum off-street parking
spaces for residential uses shall be:
(1)
A Agricultural: two spaces for each dwelling unit.
(2)
R-1 Single-Family Residential: two spaces for each dwelling unit.
(3)
R-2 Multifamily Residential: two spaces for each dwelling unit.
(4)
C-1 Local Business: two spaces for each dwelling unit.
(5)
C-2 Commercial: one space for each, dwelling unit in a single-family
residence and two spaces for each two-family or multifamily residence
unit.
(6)
C-3 Central Area Commercial: no requirement.
(7)
I-1 Light Industrial: no requirement.
(8)
I-2 Heavy Industrial: no requirement.
B.
Parking space schedule. Nonresidential uses applicable to all districts
except C-3 Central Area Commercial:
(1)
Bank, savings and loan or similar financial establishment: one space
for each 100 square feet of floor area.
(2)
Bowling alley: six spaces for each lane.
(3)
Clinics or doctors' offices: one space for each 100 square feet of
floor area.
(4)
Churches: one space for each four seats in the main sanctuary.
(5)
Commercial amusement: 30 spaces, plus one space for each 100 square
feet of floor area over 2,000 square feet.
(6)
Convalescent home or home for the aged: one space for each six rooms
or beds.
(7)
Gasoline service station: minimum of six spaces.
(8)
Golf course: minimum of 30 spaces.
(9)
High school, college or university: one space for each classroom,
laboratory or instruction area, plus one space for each three students
accommodated in the institution.
(10)
Hospital: one space for every three beds, plus one space for
each two staff members and employees.
(11)
Hotel or motel: one space for each sleeping room. For accessory
restaurant uses, one space for each four patron seats.
(12)
Institutions of a philanthropic nature: 10 spaces, plus one
space for each employee.
(13)
Library or museum: 10 spaces, plus one space for each 300 square
feet of floor area
(14)
Manufacturing, processing or repairing: one space for each two
employees or one space for each 1,000 square feet of floor area, whichever
is greater.
(15)
Offices, general: one space for each 100 square feet of floor
area.
(16)
Recreational area or building, private or commercial: one space
for every four persons accommodated.
(17)
Restaurants or cafeteria: one space for every three seats under
maximum seating arrangement.
(18)
Retail or personal service: one space for each 100 square feet
of floor area.
(19)
Schools (elementary or junior high): one space for each classroom,
plus one space for each four seats in any auditorium, gymnasium or
other place of assembly.
(20)
Storage or warehouse: one space for each two employees or one
space for each 1,000 square feet of floor area, whichever is greater
(21)
Theater, meeting rooms and place of public assembly: one space
for every four seats
A.
In computing parking requirements for any building or development,
the total parking requirements shall be the sum of the specific parking
space requirements for each class of use included in the building
development.
B.
Floor area of a structure devoted to off-street parking of vehicles
shall be excluded in computing the off-street parking requirements
of any use.
A.
Where questions arise concerning minimum off-street parking requirements
for any use not specifically listed, the requirements may be interpreted
as those of a similar use.
A.
The following special provisions shall apply to the various types
of signs in the districts indicated:
|
Type of Sign
|
Maximum Area
|
Zone Permitted
|
Spacing Standards
|
|---|---|---|---|
|
Nameplate
|
2 square feet
|
All residential districts
|
—
|
|
Nameplate
|
No restriction
|
All districts except residential
|
—
|
|
Institutional sign
|
30 square feet
|
All residential districts
|
—
|
|
Institutional sign
|
No restriction
|
All districts except residential
|
—
|
|
Apartment sign
|
50 square feet
|
All districts permitting apartments
|
1 per street frontage
|
|
Mobile home park sign
|
50 square feet
|
All districts permitting mobile home parks
|
—
|
|
Business sign
|
No restriction except as herein provided for certain districts
and types
|
Permitted in C-1, C-2, C-3, I-1 and I-2 Districts
|
—
|
|
Advertising sign
|
No restriction
|
Permitted in C-1, C-2, C-3, I-1 and I-2 Districts
|
—
|
|
Agricultural sign
|
100 square feet
|
Permitted in A, I-1 and I-2 Districts
|
200 feet between signs
|
|
Real estate sign
|
12 square feet
|
All residential districts
|
1 for each platted lot or tract and for acreage; 1 for each
200 feet of street frontage
|
|
Real estate sign
|
No restriction
|
All districts except residential
|
None specified
|
|
Construction sign
|
60 square feet
|
All districts
|
None
|
|
Development sign
|
400 square feet
|
All districts
|
1 per project or 1 for each 100 acres in project
|
B.
No sign shall be constructed to exceed the maximum building height
permitted in the specific district where the sign is located except,
in shopping centers or similar commercial or office centers containing
six acres or more, a pylon or major identification sign not to exceed
75 feet in height may be erected when set back from the side and rear
property line a distance equal to the height of the sign.
C.
No sign shall be located or constructed so as to interfere with or
confuse the control of traffic on the public streets and no sign shall
use a rotating beacon, beam or flashing illumination resembling an
emergency signal.
D.
Any nonconforming sign which is damaged or is deteriorated to a point
where its restoration cost exceeds 50% of its replacement value shall
be removed.
E.
No sign shall be erected so as to project into the public right-of-way
of any street or alley. Except in the C-2 Commercial District, any
projecting sign shall not extend outward from any building face to
the public right-of-way for a distance of more than 10 feet or to
within 18 inches of the street curb, whichever if more restrictive.
A.
In any residential district or along the common boundary between
any residential or nonresidential district where a wall, fence or
screening separation is erected, the following standards for height
and design shall be observed:
(1)
Height
of fence or wall:
(a)
Any fence or wall erected on the property line and located to the
rear of the minimum required front yard line shall not exceed eight
feet in height above the adjacent grade.
(b)
No fence, screen, wall or other visual barrier shall be so located
or placed that it obstructs the vision of a motor vehicle driver approaching
any street, alley or drive intersection. At all street intersections,
clear vision shall be maintained across the lot for a distance of
15 feet back from the property corner along both streets.
A.
A nonconforming status shall exist under the following provisions
of this chapter:
(1)
When a use or structure which does not conform to the regulations
prescribed in the district in which such use or structure is located
was in existence and lawfully operating prior to the adoption of the
previous Zoning Ordinance and has been operating since without discontinuance.
(2)
When on the effective date of this chapter, the use or structure
was in existence and lawfully constructed, located and operating in
accordance with the provisions of the previous Zoning Ordinance or
which was a nonconforming use thereunder, and which use or structure
does not now conform to the regulations herein prescribed for the
district in which such site use or structure is located.
B.
No nonconforming use may be expanded or increased beyond the lot
or tract upon which such nonconforming use is located as of the effective
date of this chapter except to provide off-street loading or off-street
parking space upon approval of the Board of Adjustment.
C.
Any nonconforming use may be changed to a conforming use, and once
such change is made, the use shall not thereafter be changed back
to a nonconforming use.
D.
A change of occupancy from one nonconforming use to another nonconforming
use may be made, provided such change is to a use permitted in a zoning
district where the original nonconforming use would be permitted or
provided that such use change is to a use permitted in a more restrictive
classification; provided further that such change or use and occupancy
will not tend to prolong the life of a nonconforming structure.
E.
Whenever a nonconforming use is abandoned, all nonconforming rights
shall cease and the use of the premises shall henceforth be in conformance
to this chapter. Abandonment shall involve the intent of the user
or owner to discontinue a nonconforming operation and the actual act
of discontinuance. Any nonconforming use which is discontinued for,
or which remains vacant for, a period of six months shall be considered
to have been abandoned.
F.
If a structure occupied by a nonconforming use is destroyed by fire,
the elements or other cause, it may not be rebuilt except to conform
to the provisions of this chapter. In the case of partial destruction
of a nonconforming use not exceeding 60% of its reasonable value,
reconstruction may be permitted after a hearing and favorable action
by the Board of Adjustment, but the size and function of the nonconforming
use shall not be expanded.
G.
Any nonconforming structure may be enlarged, remodeled, occupied,
used and maintained in a state of good repair, but no nonconforming
structure shall be enlarged or extended so as to increase the degree
of nonconformity as to lot area, yard, coverage, floor area ratio
or off-street parking standards.
A.
Organization. There is hereby created a Board of Adjustment consisting
of five members, each to be appointed by resolution of the City Council
for a term of two years and removable for cause by the appointing
authority upon written charges and after public hearing. Vacancies
shall be filled for the unexpired term of any member whose place becomes
vacant for any cause in the same manner as the original appointment
was made. Two members heretofore appointed shall serve until _____
or until their successors are appointed; and three members, as heretofore
appointed, shall serve until _____ or until their successors are appointed;
and thereafter, each member reappointed or each new appointee shall
serve for a full term of two years unless removed as hereinabove provided;
provided, however, that the City Council may appoint two alternate
members of the Board of Adjustment who shall serve in the absence
of one or more of the regular members when requested to do so by the
Mayor, so that all cases to be heard by the Board of Adjustment will
always be heard by a minimum number of four members. The alternate
members shall serve for the same period as the regular members, which
is for a term of two years, and any vacancy shall be filled in the
same manner and they shall be subject to removal the same as the regular
members.
B.
Proceedings of the Board of Adjustment.
(1)
The Board of Adjustment shall adopt rules to govern its proceedings;
provided, however, that such rules are not inconsistent with the City
of Collinsville's Ordinances or Statutes of the State of Texas. Meetings
of the Board of Adjustment shall be held at the call of the Chairman
and at such other times as the Board of Adjustment may determine.
The Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public.
(2)
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, indicating such fact, and shall keep records of its examinations
and other official actions all of which shall be immediately filed
in the office of the Board and shall be a public record.
C.
Appeals; hearings; notice.
(1)
Appeals to the Board of Adjustment can be taken by any person aggrieved
or by an office aggrieved or by an officer, department or board of
the municipality affected by the decision of the Building Official.
Such appeal shall be taken within 15 days after the decision has been
rendered by the administrative officer, by filing with the officer
from whom the appeal is taken and with the Board of Adjustment a notice
of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the Board of Adjustment
all the papers constituting the record upon which the action appealed
from was taken.
(2)
The Board of Adjustment shall fix a reasonable time for the hearing
of an appeal, give the public notice thereof by posting such notice
in the mail addressed to all owners of the real property located within
200 feet of the property on which the appeal is made and by publishing
notice of such hearing in a newspaper of general circulation. Both
the posted and published notice shall be given at least 10 days prior
to the date set for the hearing. At the hearing, any party may appear
in person or by attorney or agent.
D.
Stay of proceedings. An appeal shall stay all proceedings of the
action appealed from unless the officer from whom the appeal is taken
certifies to the Board of Adjustment after the notice of appeal shall
have been filed with him that, by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order, which may be granted by the Board of Adjustment
or by a court on application of notice to the officer from whom the
appeal is taken on due cause shown.
E.
Jurisdiction. When in its judgement the public convenience and welfare
will be substantially served and the appropriate use of the neighboring
property will not be substantially or permanently injured, the Board
of Adjustment may, in specific cases, after public notice and public
hearing and subject to appropriate conditions and safeguards, authorize
the following special exceptions to the regulations herein established:
(1)
Permit the reconstruction, extension or enlargement of a building
occupied by a nonconforming use on the lot or tract occupied by such
building or the reconstruction of a structure destroyed by fire or
the elements, not to exceed 60% of its reasonable value, and the addition
of off-street parking or off-street loading to a nonconforming use.
(2)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Building
Official in the enforcement of this chapter.
(3)
Permit such variance or modifications of the height, yard, area,
coverage, floor area ratio, parking, loading or sign regulations as
may be necessary to secure appropriate development of a parcel of
land which differs from other parcels in the district by being of
such restricted area, shape or slope that it cannot be appropriately
developed without such modification. In exercising its powers to grant
a variance in accordance with this chapter, the Board of Adjustment
shall make findings and show in the minutes that:
(a)
There are special circumstances existing on the property on
which the application is made related to size, shape, area, topography,
surrounding conditions and location that do not apply generally to
other property in the same area and the same zoning district.
(b)
That a variance is necessary to permit the applicant the same
rights in the use of his property that are presently enjoyed, under
this chapter, by other properties in the vicinity and zone, but which
rights are denied to the property on which the application is made.
(c)
That the granting of the variance of the specific property will
not adversely affect the land use pattern as outlined by the Land
Use Plan and will not adversely affect any other feature of the Comprehensive
Plan of the City of Collinsville.
(d)
That the variance, if granted, will be no material detriment
to the public welfare or injury to the use, enjoyment or value of
property in the vicinity.
(4)
Require the discontinuance of nonconforming uses of land or structure
under any plan whereby the full value of the structure and facilities
can be amortized within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity of all
property to conform to the regulations of this chapter. All actions
to discontinue a nonconforming use of land or structure shall be taken
with due regard to the property rights of the persons affected when
considered in the light of the public welfare and the character of
the area surrounding the designated nonconforming use and the conservation
and preservation of the property. The Board shall, from time to time
on its own motion or upon cause presented by interested property owners,
inquire into the existence, continuation or maintenance of any nonconforming
use within the City.
F.
Actions of the Board.
(1)
In exercising its powers, the Board of Adjustment may, in conformity
with the provisions of Article 1011-a and including 1011-j of the
1925 Civil Statutes of Texas, as amended, revise or reform, wholly
or partly, the order, requirement, decision or determination appealed
from and make such order, requirement, decision or determination as
ought to be made and shall have all the powers of the officer from
whom the appeal is taken, including the power to impose reasonable
conditions to be complied with by the applicant.
(2)
The concurring vote of four members of the Board of Adjustment shall
be necessary to revise any order, requirement, decision or determination
of any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under this
chapter or to affect any variance in said chapter.
G.
Appeals from the Board of Adjustment.
(1)
All decisions of the Board of Adjustment shall be final unless appealed
to the City Council.
(2)
Any person or persons, jointly or severally, aggrieved by any decision
of the Board of Adjustment or any taxpayer or any officer, 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, specifying the grounds of illegality. Such petition shall
be presented to the court within 10 days after the filing of the decision
by the Board of Adjustment and its recommendations in the minutes
and not thereafter.
A.
Any person or corporation having a proprietary interest in any property
may petition the City Council for a change or amendment to the provisions
of this chapter affecting such property. An application for the same
type of amendment shall not be received on the same property more
often than once in each twelve-month period unless the Planning and
Zoning Commission shall determine that a change of conditions justifies
a new hearing prior to expiration of the twelve-month period. The
Planning and Zoning Commission may, on its own motion or on request
from the City Council, institute study and proposal for changes and
amendments in the public interest.
B.
Procedure:
(1)
The City Council may, from time to time, amend, supplement or change
by ordinance the boundaries of the districts or the regulations herein
established as provided by the Statutes of the State of Texas.
(2)
Before taking action on any proposed amendment, supplement or change,
the governing body shall submit the same to the Planning and Zoning
Commission for its recommendation and report.
(3)
The Planning and Zoning Commission shall hold a public hearing on
any application for any amendment or change prior to making its recommendation
and report to the City Council. Written notice of all public hearings
before the Planning and Zoning Commission on a proposed amendment
or change shall be sent to all owners of real property lying within
200 feet of the property on which the change is requested. Such notice
shall be given not less than 10 days before the date set for hearing
by posting such notice properly addressed and postage paid to each
taxpayer as the ownership appears on the last approved county tax
roll. When any such amendment relates to a change of a zoning regulation
or to the text of this chapter not affecting specific property, notice
of the public hearing of the Planning and Zoning Commission shall
be given by publication in a newspaper of general circulation.
(4)
A public hearing shall be held by the governing body before adopting
any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation,
stating the time and place of such hearing, which time shall not be
earlier than 15 days from the date of publication.
(5)
Unless a proposed amendment, supplement or change has been approved
by the Planning and Zoning Commission, or if a protest against such
proposed amendment, supplement or change has been filed with the City
Secretary, duly signed and acknowledged by the owners of 20% or more,
either of the area of the lots included in such a proposed change
or those immediately adjacent in the rear thereof extending 200 feet
therefrom or of those directly opposite thereto extending 200 feet
from the street frontage of such opposite lots, such amendments shall
not become effective except by a two-thirds vote of the City Council.
In any complaint and in any action or proceedings brought for
the enforcement of any provision of this chapter, it shall not be
necessary to negative any exception, excuse, proviso or exemption
contained in this chapter, and the burden of proof of any such exception,
excuse, proviso or exemption shall be upon the defendant or person
charged.
It is hereby declared to the intention of the City Council of
the City of Collinsville that the sections, paragraphs, sentences,
clauses and phrases of this chapter are severable, and if any phrase,
clause, sentence, paragraph or section of this chapter shall be declared
unconstitutional, such unconstitutionality or invalidity shall not
affect any of the remaining phrases, clauses, sentences, paragraphs,
or sections of this chapter, since the same would have been enacted
by the City of Collinsville without the incorporation in this chapter
of any such unconstitutional or invalid phrase, clause, sentence,
paragraph or section.
