(1) Where
the frontage on one (1) side of a street between two (2) street intersections
is divided by two (2) or more zoning districts, the front yard shall
comply with the requirements of the most restrictive district for
the entire block.
(2) The front
yard shall be measured from the property line to the front face of
the building, covered porch, covered terrace or attached accessory
building. Eaves and roof extensions may encroach into the required
front yard for a distance not to exceed four (4) feet beyond the permitted
porch or wall plane.
(3) Where
a lot has double frontage, running through from one (1) street to
another, the front yard requirements of this section shall apply to
any yard of such double frontage lot that is directly across a street
from the front property line of another lot.
(4) Schools,
churches and other permitted public or semi-public buildings when
located in the "MF-D", "P", "B" or "O" Districts may modify the required
front yard minimum/maximum setbacks after a recommendation from the
architectural review board and council approval as part of the final
design review process.
(5) Gasoline
service station pump islands shall be located not less than eighteen
(18) feet from the front property line.
(6) Any property
hereafter used for business purposes in the B Districts shall face
and have its main entrance on Broadway or the Austin Highway according
to which street provides the main access to such property.
(7) No fence,
wall or other manmade, non-living barrier, other than the wall of
a permitted structure, shall be erected or altered within the minimum
required portion of a front yard in excess of three (3) feet in height
measured from the lower side of the fence, wall or other barrier,
or in excess of six (6) feet in height within the remaining portion
of a front yard measured from the lower side of such fence, wall or
other barrier. When the grade of the land adjacent to the location
of a fence, wall or other barrier has been altered from its natural
condition, the director shall determine the permissible height of
a fence, wall or other barrier from the director's projection of the
natural grade of the land. Any fence constructed shall have the "finished
side" or "non-structural side" facing street rights-of-way.
(Ordinance 1920 adopted 1/23/2012; Ordinance 2075, exh. A, adopted 4/24/2017)
(1) Schools,
churches and other permitted public or semi-public buildings when
located in the SF-A, SF-B, 2F-C, Districts, shall provide a minimum
side yard of twenty-five (25) feet.
(2) Schools,
churches and other permitted public or semi-public buildings when
located in the "MF-D", "P", "B" or "O" Districts may modify the required
front yard minimum/maximum setbacks after a recommendation from the
architectural review board and council approval as part of the final
design review process.
(3) Detached
garages or other detached accessory buildings shall be located not
less than four (4) feet from the main building and shall not be less
than three (3) feet from the side property line.
a. Every
part of a required side yard for main structures shall be open and
unobstructed except for the ordinary projections of window sills,
roof eaves or overhangs, belt courses, cornices, roofs and other architectural
features projecting not to exceed four (4) feet into the required
side yard but not less than five (5) feet from the property line.
b. Accessory
structure roof eaves or overhangs are required to have a minimum two-foot
side setback from the property line.
(4) No fence,
wall or other manmade, non-living barrier, other than the wall of
a permitted structure, shall be erected or altered in any side yard
in excess of eight (8) feet in height measured from the lower side
of such fence, wall or other barrier. When the grade of the land adjacent
to the location of a fence, wall or other barrier has been altered
from its natural condition, the administrative officer shall determine
the permissible height of a fence, wall or other barrier from the
projection of the natural grade of the land. Any fence constructed
shall have the "finished side" or "non-structural side" facing street
rights-of-way.
(5) Air-conditioning
units and pool units are allowed to encroach into any required side
yard setback. Such units shall be located as close to the structure
as possible, and in no case shall they be located closer than three
(3) feet to the property line or fence.
(Ordinance 1920 adopted 1/23/2012; Ordinance 1963 adopted 4/8/2013; Ordinance
2030 adopted 9/28/2015; Ordinance 2075, exh. A, adopted 4/24/2017; Ordinance 2180, sec. 3, adopted 10/11/2021)
(1) Every
part of a required rear yard for main structures shall be open and
unobstructed except for permitted accessory buildings and ordinary
projections of window sills, roof eaves or overhangs, belt courses,
cornices and other architectural features projecting not to exceed
four (4) feet into the required rear yard.
a. Accessory
structure roof eaves or overhangs are required to have a minimum two-foot
rear setback from the property line.
(2) A detached
garage or other permitted accessory building shall provide a minimum
rear yard of three (3) feet.
(3) Schools,
churches and other permitted public or semi-public buildings when
located in the SF-A, SF-B, 2F-C or MF-D Districts, shall provide a
minimum rear yard of twenty (20) feet.
(4) No fence
or wall, other than the walls of a permitted structure, shall be erected
or altered in any rear yard to exceed a height of eight (8) feet measured
from the lower side of such fence, wall or other structure. When the
grade of the land adjacent to the location of a fence, wall or other
barrier has been altered from its natural condition, the city's administrative
officer shall determine the permissible height of a fence, wall or
other barrier from the projection of the natural grade of the land.
Any fence constructed shall have the "finished side" or "non-structural
side" facing street rights-of-way.
(5) Air-conditioning
units and pool units are allowed to encroach into any required rear
yard setback. Such units shall be located as close to the structure
as possible, and in no case shall they be located closer than three
(3) feet to the property line or fence.
(Ordinance 1920 adopted 1/23/2012; Ordinance 1963 adopted 4/8/2013; Ordinance
2030 adopted 9/28/2015; Ordinance 2075, exh. A, adopted 4/24/2017)
(1) Minimum
off-street parking requirements for the hereafter specified non-residential
uses are as follows:
(a) Bowling
alley: Six (6) spaces for each lane or alley;
(b) Churches,
theatres or places of public assembly: One (1) space for each three
(3) seats in the main sanctuary;
(c) Hospitals:
One (1) space for each patient bed provided;
(d) Hotel
or motel: One (1) space for each room or guest unit;
(e) Offices,
clinics, retail and business uses: One (1) space for each three hundred
(300) square feet of gross floor area in the building;
(f) Restaurant
or cafeteria: One (1) space for every one hundred (100) gross square
feet of area;
(g) Schools
or colleges: Two (2) spaces for each classroom, plus one (1) space
for each four (4) seats in any auditorium, gymnasium or other place
of assembly.
(2) A parking
space shall be defined as an all-weather-surfaced area not located
in any public rights-of-way, together with an all-weather-surfaced
driveway connecting the area with a street or alley and permitting
free ingress and egress thereto. All-weather-surfaces includes asphalt,
concrete, flagstone, brick pavers, concrete pavers and similar materials.
Any parking adjacent to a public street wherein the maneuvering is
done on the public street shall not be classified as off-street parking
in computing the parking area requirements for any use. Approval of
a ratio of compact spaces to be provided in lieu of standard spaces.
(a) Parking
stall dimensions shall be based on the following:
ANGLE
|
DIMENSIONS
|
ONE WAY TRAFFIC
|
TWO WAY TRAFFIC
|
---|
Parking Angle
|
Stall Width
(ft)
|
Curb Length
(ft)
|
Stall Depth
(ft)
|
Stripe Length
(ft)
|
Aisle Width
(ft)
|
Section Width
(ft)
|
Aisle Width
(ft)
|
Section Width
(ft)
|
---|
A
|
B
|
C
|
D
|
G
|
E
|
F
|
E
|
F
|
---|
30°
|
9
|
17
|
16.4
|
32.7
|
12
|
44.7
|
24
|
56.7
|
45°
|
9
|
12
|
18.7
|
26.5
|
14
|
51.4
|
24
|
61.4
|
60°
|
9
|
9.8
|
19.8
|
22.9
|
16
|
55.6
|
24
|
63.6
|
90°
|
9
|
8.5
|
18
|
18
|
22
|
58
|
24
|
60
|
(b) Drive
aisle dimensions shall be based on the following:
(3) Whenever
any lot is used for off-street parking purposes incidental to any
lawful use of property, the parking area and all access drives shall
be surfaced with all-weather-surfaces, and the surface shall be maintained
in good repair and free of debris, trash or other similar material
or dirt.
(4) Any light
used to illuminate a parking area shall be so arranged as not to be
directed into any adjacent residential uses or residential districts.
(5) In computing
the 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 a development.
(6) All retail
and commercial structures shall provide and maintain off-street facilities
for the loading and unloading of merchandise and goods within the
building or on the lot adjacent or from a public alley or private
service drive. Such space may be located in a drive or access aisles
provided that the flow in and out of the facility are not restricted
by its placement and not located in a dedicated or marked fire lane.
(7) Areas
utilized for storage, mechanical rooms, restrooms, or other non-occupied
spaces may be calculated using a ratio of one (1) space per space
every seven hundred fifty (750) gross square feet.
(8) A reduction
in the required number of off-street parking spaces may be authorized
by the city council, after a recommendation from the architectural
review board, as part of the final design review process.
(a) Any
reduction in the number of off-street parking spaces shall be subject
to a "parking mitigation fee" in the amount of twenty thousand dollars
($20,000.00) per space. Such fees shall be utilized to construct additional
off-street parking, parking garages, or other project, intended to
increase the number of parking spaces in the city to off-set the loss
of the required spaces.
(9) For parking
areas located adjacent to Broadway there shall be no storage of trailers,
recreational vehicles, delivery/service vehicles, boats, all-terrain
vehicles or any vehicles which are displayed as "for sale", in such
areas. Company service will be allowed to park in front (along Broadway
if no rear parking is available. Vehicles associated with a business
located on the property shall be located to the rear of the property,
behind the building, as to limit its visibility from Broadway.
(Ordinance 1920 adopted 1/23/2012; Ordinance 2065 adopted 12/12/2016; Ordinance 2075, exh. A, adopted 4/24/2017)
The following standards shall apply to all accessory buildings
hereafter constructed or altered in any residential district:
(1) Required
front yard setback.
Attached accessory buildings shall
have a required front yard the same as the main building. Detached
accessory buildings shall be located to the rear of the main building.
(2) Required
side yard setback.
For any detached accessory building, there shall be a side yard not less than three (3) feet from any side lot line, except at a corner lot where a detached garage is accessed from either a side street or an alley and would then be subject to vision clearance regulations (section
16-71).
(3) Required
rear yard setback.
For any detached accessory building,
there shall be a rear yard setback not less than three (3) feet from
any lot line, alley line, or easement line. Garages or other detached
accessory buildings located within the required rear yard shall not
be located closer than four (4) feet to the main building nor nearer
than three (3) feet to any side lot line.
(Ordinance 1920 adopted 1/23/2012; Ordinance 2075, exh. A, adopted 4/24/2017)
(1) Any property
in the "B", "O", "MF-D", "2F-C" or "P" Districts with frontage along
Broadway shall have all overhead or above ground utilities relocated
underground or to the rear of the building or property.
(a) Only
properties with frontage on Broadway along Broadway are subject to
utility relocation.
(2) Approval
to include additional language that relocation of utilities "shall
be approved or may be modified by council, after ARB recommendations,
as part of the final design review process.
Editor’s note–Ordinance 2075, exh.
A, adopted April 24, 2017, repealed § 3-86 in its entirety and
enacted new provisions to read as herein set out. Former § 3-86
pertained to special area and building location regulations, and derived
from Ordinance 1920, adopted Jan. 23, 2012.
(Ordinance 2075, exh. A, adopted 4/24/2017)
The city council of the City of Alamo Heights, Texas, after
public hearing with proper notice to all parties affected, and after
recommendation from the city planning and zoning commission, may authorize
for specific areas the issuance of specific use permits for the following
types of uses in only those districts specified for such use as follows:
(1) College,
university or accredited private school in any residential district.
(2) Day nursery
or kindergarten school in the 2F-C, MF-D, B Districts.
(3) Hospital
in the 2F-C, MF-D, B Districts.
(4) Institutions
of a religious or Philanthropic Nature in the 2F-C, MF-D, B Districts.
(5) Service
center municipal in the 2F-C, MF-D, B Districts.
(6) Electrical
substation in the SF-A, SF-B, 2F-C, MF-D and P Districts.
(7) Local
transit station or off-street turn-around in any residential district.
(8) Radio,
television or microwave tower in any district.
(9) Water
reservoir, well or water pumping station in the SF-A, SF-B, or 2F-C
Districts.
(10) Municipal
offices or city hall in the SF-A, SF-B, 2F-C or MF-D Districts.
(11) Off-street
parking for property owned by institutions of a religious or philanthropic
nature in SF-A, SF-B, 2F-C or MF-D Districts.
(12) Single-family detached homes in multiple-family dwelling (MF-D) districts which do not otherwise satisfy the requirements of this Zoning Code and section
17-27 of chapter
17 of the Code of Ordinances. Each of such projects shall be considered on its individual merits, with special attention to be given to the following features, among others which may be deemed important by the planning and zoning commission and the city council, of proposed project: (a) location and design of ingress and egress to public streets; (b) interior traffic circulation patterns; (c) off-street parking; (d) sidewalks; (e) drainage; (f) lighting; (g) landscaping; (h) fencing and other screening; (i) emergency vehicle access; (j) lighting; (k) landscaping; (l) fencing and other screening; (m) emergency vehicle access; (n) density; (o) lot sizes; (p) setbacks; and (q) compatibility with the surrounding neighborhood.
(13) Office in MF-D not facing and having its main entrance on Broadway or the Austin Highway, provided such office (1) is compatible and harmonious with the surrounding neighborhood, (2) is to be located in a preexisting structure which contains no more than one thousand five hundred (1,500) square feet of enclosed area, (3) the property upon which the structure is located is contiguous to a property zoned B-1, B-2 or B-3, (4) some portion of the property across the street from the subject property must be zoned B-1, B-2 or B-3 if the property across the street from the subject property is in Alamo Heights, (5) the office is for a use authorized in the schedule of permitted uses for offices in section
3-8 of this Zoning Code, (6) the structure and property comply with the parking, landscape, setback and other requirements of the Zoning Code applicable to O-1, and (7) the specific use permit requested promotes the health, safety and general welfare of the residents of the city.
(14) Wireless
communication systems antenna support structures and antennas in the
P, O-1, B-1, B-2 and B-3 Districts only.
(a) Definitions.
A monopole antenna support structure is
a self-supporting pole type structure with no guy wire support which
holds one (1) or more antennas and related equipment for wireless
telecommunications transmission. A lattice antenna support structure
is a metal lattice structure with or without guy wire support. An
independent support structure means buildings or other structures
such as water towers. An unmanned equipment building is an accessory
building housing electronic communication equipment as an associated
and permitted part of a wireless communication system.
(b) Antenna locations.
Wireless communication system antennas
may be attached to monopole antenna structures or independent support
structures. Lattice antenna support structures may not be used to
support wireless communication system antennas in the city. Monopole
antenna support structures and wireless communication antennas must
be constructed more than one hundred (100) feet from the nearest right-of-way
boundary line of Broadway or Austin Highway and more than one hundred
twenty (120) feet from any residential zoning district.
(c) Height limitations.
A monopole antenna support structure
may not exceed one hundred (100) feet in height.
(d) Visual impact of antenna support structures and wireless communication
antennas.
Antennas and their support structures shall
be screened, camouflaged and visually pleasing to the fullest extent
feasible, consistent with both national industry standards and Alamo
Heights' aesthetic goals.
(e) Unmanned equipment buildings.
An unmanned equipment
building shall not have more than seven hundred fifty (750) square
feet of gross floor area and shall not be more than twelve (12) feet
in height.
(f) Landscaping.
Compliance with the landscape requirements
of this Code is required for antenna support structures and antennas.
(g) Certification of compliance.
Prior to installation of
antenna support structures or antennas, the city must be furnished
certification by a structural or civil engineer registered by the
State of Texas certifying that the proposed installation complies
with the structural requirements of the City of Alamo Heights Building
Code and with federal and state electromagnetic radiation standards
and other requirements.
(h) Attachment to water towers.
The city council may authorize
the attachment of wireless communication antennas to city water towers
without special use permits and without compliance with the other
requirements of this Code.
(15) Permitted institutions such as schools and churches may be erected to a height exceeding the height limitations set out in this chapter in the SF-A, SF-B, 2F-C, MF-D, O-1 and P Districts. Permitted institutions shall mean the institutions categorized as special uses in the table of land uses in section
3-8 of the Zoning Code.
(16) Drive-through facilities as reflected in the permitted uses table in section
3-8 of the Zoning Code.
The following procedure applies to the approval of specific
use permits:
(a) The
city planning and zoning commission in considering and determining
its recommendation, or the city council in considering any request
for a specific use permit, may require from the applicant, plans,
information, operating data and expert evaluation concerning the location,
function and characteristics of any building or use proposed. The
city council may, in the interest of the public welfare and to assure
compliance with this ordinance establish special conditions of operation,
location, arrangement and construction of any use for which a specific
use permit is authorized.
(b) In
authorizing the location of any of the uses listed as specific use
permits, the city council may impose such development standards and
safeguards as the conditions and location indicate [are] important
to the welfare and protection of adjacent property and the community.
(c) Every
specific use permit approved under the provisions of this ordinance
shall be considered as an amendment to the ordinance as applicable
to the property involved. The process of giving notice and holding
public hearings on specific use permits shall be the same as that
provided for amending the ordinance.
(d) Such
conditions, safeguards and standards specified by the city council
for compliance relative to any specific use permit shall not be construed
as conditions precedent to the approval of the zoning amendment but
shall be construed as conditions precedent to the granting of a building
permit.
(17) Gun
shops in the B-1, B-2 and B-3 Districts subject to recommendation
by the police chief as to the safety of the public, security of weapons
storage facilities, current licensing by appropriate federal and state
authorities, compliance with federal and state laws and licensing
requirements and without the sale of explosives. No specific use permit
for gun shops shall be transferable or assignable and shall terminate
upon any such transfer, assignment or relocation.
(18) Multiple-family
dwelling with retail/restaurant uses on the first floor in the MF-D
District at a location within a radius of five hundred (500) feet
of the northeast corner of Broadway and Austin Highway on a tract
of land containing at least 1.4 acres of land. The main entrance of
the retail/restaurant uses shall be on Broadway and the main entrance
of the dwelling units shall be on Ellwood Avenue. The number of dwelling
units shall not exceed one hundred fifty (150) units. There shall
be no required setbacks and the maximum lot coverage of the structure
shall not exceed eighty (80) percent. There may be a maximum of four
(4) occupied stories and the maximum height shall be fifty-six (56)
feet, both to be measured in accordance with zoning code standards.
The off-street parking ratio for the multi-family dwellings may not
be less than 1.5 spaces per unit and the number of retail/restaurant
parking spaces shall comply with the zoning code requirements. Parking
spaces shall be at least nine (9) feet by eighteen (18) feet except
that one (1) smaller compact space may be installed for each nine
(9) feet by twenty (20) feet larger parking space installed. The areas
between the structure and the property lines must be fully landscaped
along each street, with not more than forty (40) percent of such areas
to receive impervious cover. No alley or service easement shall be
required. All new utilities shall be buried and existing utilities
must be removed and/or relocated. The project must employ "dark sky"
lighting fixtures. The developer of the project must pay for the installation
of any infrastructure such as water, sewer and stormwater enhancements
which are required to support the project. The city may require the
project developer to purchase additional, unrestricted, perpetual
Edward's Aquifer water rights to provide for the estimated usage of
the project. Approval of a SUP which complies with the above requirements
shall not set a precedent for any other SUP in the future.
(19) Multi-family
condominium project consisting of ten (10) single-family detached
residences at a location within a radius of five hundred (500) feet
of the northeast corner of Broadway and Terrell Road on a tract of
land containing at least 0.7 acres of land. There shall be a twenty-foot
front yard setback rather than twenty-five (25) feet, a ten-foot rear
yard setback rather than twenty-five (25) feet, a 7.5 foot side yard
setback to property lines rather than fifteen (15) feet, a six-foot
setback between buildings rather than ten (10) feet or thirty (30)
feet, forty (40) percent lot coverage rather than thirty-five (35)
percent, thirty (30) percent of front yard contiguous landscaping
rather than fifty (50) percent, a six-foot fence height limitation
in the front yard setbacks for units 1, 8, 9 and 10 rather than three
(3) feet, access via a private drive and no more than ten (10) single-family
detached residences. All new utilities shall be buried and existing
utilities must be removed and/or relocated. The developer of the project
must pay for the installation of any infrastructure such as water,
sewer and stormwater enhancements which are required to support the
project. The city may require the project developer to purchase additional,
unrestricted, perpetual Edward's Aquifer water rights to provide for
the estimated usage of the project. Approval of a SUP which complies
with the above requirements shall not set a precedent for any other
SUP in the future.
(20) Public school facilities within the property at 6900 Broadway may
be developed without regard to SF-A Zoning District requirements applicable
to building setbacks, articulation, lot coverage, looming and floor
to area ratios, except that height and public street setback requirements
shall require SUP approval. In addition to the foregoing, Alamo Heights
Independent School District shall:
(a)
Pay for the installation of any infrastructure, such as water,
sewer and stormwater connections or enhancements, required to support
its facilities.
(b)
Obtain city council approval, after ARB review, of the facade
of structures which adjoin the public streets surrounding the property.
(c)
Obtain city council approval, after ARB review, for new signage
which adjoins the public streets surrounding the property.
(d)
Provide adequate on-site parking for students and staff.
(e)
Comply with all building codes and other governmental requirements.
(21) Public school facilities within the property at 6900 Broadway is
authorized per this SUP to do the following:
(a)
Authorize a height limit of forty-eight (48) feet six (6) inches
for the three-story academic building and thirty-six (36) feet for
the accessory bleachers of its athletic complex.
(b)
Authorize a variance from section
3-14 maximum front yard setback, with one hundred sixteen (116) feet from Broadway and twenty-one (21) feet from Vanderhoeven.
(c)
Authorize variance from section
3-18 from maximum front yard impervious cover with sixty-six (66) percent in the Broadway front yard and ninety-six (96) percent in the Vanderhoeven front yard.
(d)
Authorize variance from section
3-21 driveway specifications for a twenty-six (26) foot fire lane and a twenty-four (24) foot driveway on Vanderhoeven for ambulance access.
(e)
Authorize variance from section
3-21 where there will be zero (0) required covered parking spaces on the property.
(Ordinance 1920 adopted 1/23/2012; Ordinance 1953 adopted 11/13/2012; Ordinance 2015 adopted 4/13/2015; Ordinance 2025, sec. 2, adopted 7/27/2015; Ordinance 2075, exh. A, adopted 4/24/2017; Ordinance 2124A adopted 4/8/2019; Ordinance
2221 adopted 5/13/2024)
(A) Application
of this section.
(1) The
landscaping section of this ordinance shall apply to all land located
in the City of Alamo Heights, except as otherwise noted below. Such
landscaping requirements shall become applicable as to each individual
lot or tract of land at such time as an application for building permit
on such lot or tract of land is made.
(2) A
common development which includes more than one (1) lot shall be treated
as one (1) lot for the purposes of satisfying the landscaping requirements
of this section. Split ownership, planning in phases, construction
in phases, and/or multiple building permits for a project shall not
prevent it from being a common development as referred to above. A
project planned in phases must have each phase in compliance with
the ordinance.
(3) The
requirements of this section shall not apply to the following:
(a) Single-Family Dwelling District A (SF-A).
(b) Single-Family Dwelling District B (SF-B).
(c) Two-Family Dwelling District C (2F-C).
(d) Building permits for the substantial restoration within a period
of twelve (12) months of a building which has been damaged by fire,
explosion, flood, tornado, riot, act of the public enemy, or accident
of any kind.
(e) Building permits for remodeling as long as the roof and front, side
and rear exterior walls of the building remain in the same location.
(f) Site development plans approved before July 2, 1984, and granted
a building permit by September 1, 1984.
(B) Procedures
pertaining to this section.
(1) When
an application is made for a building permit on any land where the
landscaping requirements of this section are applicable, such building
permit application shall be accompanied by a site plan(s) containing
the information listed below:
(a) The date, scale, north arrow, title and name of owner.
(b) The location of property lines and dimensions of the tract.
(c) The location and size of existing and proposed streets and alleys.
(d) The location, size and type (tree, shrub, ground cover) of proposed
landscape plant material, and the location of proposed landscape areas.
The use of native plants is encouraged.
(e) The location, size and species of existing trees on the site having
trunks six (6) inches or larger in diameter and the approximate size
of their crowns.
(f) The location, size and type of landscape architectural components
(drives, walks, curbs, fences, steps, ramps, planters, pools, parking
areas, etc.) proposed.
(g) A separate grading plan showing proposed topography (at two (2) foot
contour interval) may be required at the request of the building official.
(h) Indication if a landscape irrigation system is proposed.
(i) Sufficient details to clearly describe all features proposed to be
located in the city right-of-way. A written statement shall be submitted
holding the city harmless from liability and/or damages caused by
features placed in the right-of-way. The city retains total jurisdiction
over features in the right-of-way as necessary for installation and
maintenance of utilities, improvements and protection of the public
health, safety and welfare.
(j) Information necessary for verifying whether the required maximum
percent of impervious cover has not been exceeded under subsection
(d)(1)—(3) of this section.
(k) The certification of a landscape architect, registered to practice
in the State of Texas, that the plans satisfy applicable sections
of the zoning ordinance, building code and appropriate standards for
landscape architectural design and construction.
(1) A perpetual license, binding the property owner, his heirs, successors
and assigns, granting the city authorization to enter upon the land
for the purpose of installing required landscaping.
(2) Plans shall be subject to approval by the office of community development.
Prior to the issuance of a building permit, the applicant shall pay
to the city an inspection fee in accordance with a schedule of fees
published by the city. The property owner shall furthermore furnish
to the city prior to the issuance of a building permit a performance
bond or irrevocable letter of credit acceptable to the city for the
amount of the landscape construction cost.
(3) The planning and development services office shall inspect each site
no sooner than three (3) months nor later than twelve (12) months
after the building is ready for occupancy. The owner may call for
earlier inspection if desired. If the proposed landscape construction
is not completed at the time of the twelve-month inspection, the performance
bond or letter of credit shall be forfeited and applied toward the
implementation of the landscape plan. Any additional costs beyond
those covered by the performance bond or letter of credit shall be
affixed as a lien on the property.
(C) Landscaping
requirements.
(1) Landscaping
shall not obstruct the view between the street and the access drives
and parking aisles near the front yard entries and exits, nor shall
any landscaping which creates an obstruction of view be located within
the radius of any curb return.
(2) All
landscaping materials shall be appropriately contained within the
property so as to prevent run-off of materials into the right-of-way
or adjoining properties.
(Ordinance 1920 adopted 1/23/2012; Ordinance 2075, exh. A, adopted 4/24/2017; Ordinance 2146, sec. 2, adopted 10/14/2019)
(1) Any use
of property that does not conform to the regulations prescribed in
the preceding sections and which shall have been in existence prior
to the adoption of this ordinance or which was nonconforming under
the provisions of the previous ordinance and remains so under this
ordinance shall be called a nonconforming use.
(2) Any nonconforming
use of land or buildings or any nonconforming structure may be continued
for indefinite periods provided that the board of adjustment may prescribe
definite periods of time for the discontinuance of a nonconforming
use of land or building subject to such restrictions as the board
of adjustment may require for the protection and preservation of adjoining
property. A nonconforming use of land or building may be changed to
another nonconforming use of the same or a more restrictive classification.
If a change of a nonconforming use is made to a use in a more restrictive
classification, the use shall not later be changed to a less restrictive
classification and the less restrictive use shall be considered to
have been abandoned.
(3) 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 ordinance. In the case of partial destruction
of a nonconforming use not exceeding fifty (50) percent of its reasonable
value, reconstruction will be permitted but the size or function of
the nonconforming use cannot be expanded.
(4) A nonconforming
use or structure shall not be expanded in any manner or form so as
to increase the degree of nonconformity except when such change may
be required by law or ordinance for the preservation of the health,
safety and welfare of the community.
a. Single-family
structures, that do not have the required two (2) covered parking
spaces, may be expanded without a requirement to add or construct
additional covered parking provided that:
1. Any
addition does not result in the removal of existing required covered
parking; and
2. That
the property has at least two (2) off-street parking spaces available;
and
3. That
the square footage associated with any required covered parking, needed
to bring the property into compliance with the zoning code, automatically
be included in the property's "floor to area ratio" (F.A.R.) and "Lot
Coverage" calculations to allow for future construction of two (2)
covered parking spaces.
i. No
addition may be constructed that would prevent the construction of
future covered parking structures.
ii. A site plan showing the provision for future covered parking shall
be provided, along with the floor to area ratio and lot coverage calculations.
(5) A building or structure in Business District One (B-1) used for a nonconforming use as defined in section
3-88 of the Zoning Code may be modified or expanded upon approval of a building permit therefor by the city council; provided that any such modification or expansion is for the same use which existed prior to the time of the request for the building permit.
(6) If the
final approval of a subdivision plan, plat or replat produces a nonconforming
use or structure because of requirements of the Zoning Code, there
shall be no necessity to obtain a variance or special exception from
the board of adjustment for the condition which produced the nonconforming
use or structure unless such condition is not disclosed in the plat
specifications or other documents furnished to the city in connection
with the application. In order to preserve the applicant's rights
under this subsection, the subdivision plan, plat or replat approved
by the city council shall include a plat note specifically describing
the condition which otherwise would have necessitated a variance or
special exception from the board of adjustment. If the approval of
the subdivision plan, plat or replat creates a nonconforming structure,
future building permits for the alteration, modification or expansion
of the nonconforming structure shall be treated the same as building
permit applications for other nonconforming structures.
(Ordinance 1920 adopted 1/23/2012; Ordinance 2075, exh. A, adopted 4/24/2017; Ordinance 2106 adopted 8/13/2018)