The purpose of this Chapter is to set forth site development
and design standards for residential and nonresidential development
and building construction. Chapter 6.00 contains general standards
applicable to all land development, standards applicable only to nonresidential
site development, and standards applicable only to residential development.
The purpose of these standards exists in order to achieve a minimum
level of quality, compatibility and environmental protection in new
and existing developments while maintaining significant flexibility
in site layout and design. The standards also serve to implement selected
goals and policies identified in the City of Jarrell's Comprehensive
Plan.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
Design and construction of site developments in the City and
ETJ should be consistent with the policies and guidelines established
in the most recent version of the Jarrell Comprehensive Plan. Any
interpretation of the requirements of this Section should be made
and shall be interpreted in a manner consistent with the Comprehensive
Plan.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
6.03.00
Applicability.
A.
The minimum site development and site design standards apply to areas
both within the City limits and the ETJ.
B.
Standards within base zoning districts and overlay districts may
be slightly different than those standards found within this Chapter.
When in conflict, the more restrictive standard shall apply.
C.
Also included in certain sections of this Chapter are recommended
"guidelines" that are not mandatory and not legally enforceable outside
of the city limits of Jarrell. Standards are mandatory when they are
only enforceable within the city limits of Jarrell. In some cases,
the words "should" or "may" are used instead of "shall" or "must"
to connote this legal distinction. Applicants requesting a variance
or anticipating voluntary annexation or any discretionary decision
by the City are advised that compliance with these guidelines may
be a factor in receiving a favorable recommendation from the Planning
and Zoning Commission and City Council.
6.03.01
Thresholds of Development Requiring Site Development Permit.
A site development permit shall be required for all site developments
as described or exempted below:
A.
Construction that involves paving or other impervious surface alteration
of seventy-five hundred (7,500) square feet or more, or modifications
to a drainage channel or storm drain or pipe or other storm drainage
feature with a drainage area, whether on site or off site, equal to
five (5) acres or more, and that does not join or abut a public right-of-way
requires a site development permit.
B.
Construction that involves paving or other impervious surface alteration
of one thousand (1,000) square feet; or modifications to a drainage
channel or pipe or other storm drainage feature with a catchment's
area, whether on-site or off-site, less than or equal to five (5)
acres, may be reviewed and permitted by the City Engineer, without
requiring City Council approval.
C.
Construction or expansion of a building other than a single-family
or duplex residential building, with a floor area expansion of more
than one thousand (1,000) square feet or more requires a site development
permit.
D.
Conversion of a residential or nonresidential structure to a nonresidential
use in which the floor area of the building is one thousand (1,000)
square feet requires a site development permit.
6.03.02
Residential.
A.
Construction on single-family or duplex lots in existing subdivisions
with average lot sizes greater than one-half (1/2) acre or twenty-one
thousand seven hundred and eighty (21,780) square feet do not require
a site development permit.
B.
Conversion or expansion of a residential structure to a nonresidential
use must apply for and receive a site development permit prior to
commencement of construction.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
The City Manager shall define the content and form of the site
development permit application. Until such time as the City Manager
has defined the content and form of the site development permit application
more specifically in an Administrative Procedures Manual, the application
shall consist of the following, demonstrating conformance with applicable
provisions in this Code:
A.
Applicant's name, mailing address and contact information.
B.
A description of the nature of the project, including physical address.
C.
A statement of the legal subdivision name, including lot, block and
recording information.
D.
A copy of the recorded plat.
E.
Copies of letters from utility providers stating that utility service
is available at the site.
F.
Copy of approved TxDOT Driveway permit, if applicable.
G.
Five copies of a site plan, drawn at a minimum scale of 1" =60',
which reflects the property boundary dimensions, all setbacks and
easements, and the location of physical improvements, including buildings,
parking lots, landscaping, utilities, and accessory structures. The
site plan shall indicate conformance with any applicable provisions
of this Code.
H.
Review fee, as applicable.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
6.05.01
Methods of reducing flood losses.
In order to accomplish
its purposes, this section uses the following methods:
A.
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase flood damage; and
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
6.05.02
APPEAL
APPEAL BOARD
AREA OF SHALLOW FLOODING
BASE FLOOD ELEVATION
BASEMENT
BREAKAWAY WALL
CRITICAL FEATURE
DEVELOPMENT
ELEVATED BUILDING
EXISTING CONSTRUCTION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD ELEVATION STUDY
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD MANAGEMENT
FLOOD OR FLOODING
FLOOD PROTECTION SYSTEM
FLOODPLAIN ADMINISTRATOR
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOODPRONE AREA
FLOODPROOFING
FLOODWAY (REGULATORY FLOODWAY)
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
A.
B.
C.
D.
LEVEE
LEVEE SYSTEM
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PROFESSIONAL ENGINEER OR ARCHITECT
RECREATIONAL VEHICLE
A.
B.
C.
D.
REGULATORY FLOODWAY
RIVERINE
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
A.
B.
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
Definitions.
Unless specifically defined below, words
or phrases used in this section shall be interpreted to give them
the meaning they have in common usage and to give this section its
most reasonable application.
Means a request for a review of the Floodplain Administrator's,
or Designee interpretation of any provision of this section or a request
for a variance.
The City of Georgetown's Planning and Zoning Commission.
Means a designated AO, AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent chance or greater
annual chance of flooding to an average depth of one to three feet
where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
Means the flood having a one percent chance of being equaled
or exceeded each year in a given location.
Means any area of the building having its floor sub grade
(below ground level) on all sides.
Means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces, without causing damage
to the elevated portion of the building or supporting foundation system.
Means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by
the entire system would be compromised.
Means any manmade change in improved and unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
Means, for insurance purposes, a nonbasement building, which
has its lowest elevated floor, raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
Means, for the purposes of determining rates, structures
for which the "start of construction" commenced before the effective
date of the FIRM or before January 1, 1975, for Firms' effective
before that date. "Existing construction" may also be referred to
as "existing structures."
Means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before the effective
date of the floodplain management regulations adopted by a community.
Means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Means an examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation, and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
Means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special flood
hazard areas and the risk premium zones applicable to the community.
See Flood Elevation Study.
Means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited
to emergency preparedness plans, flood control works, and floodplain
management regulations.
Means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
Means those physical structural works for which funds have
been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a "special flood hazard" and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees, or dikes.
These specialized flood modifying works are those constructed in conformance
with sound engineering standards.
Director of Inspection Services or his designated representative.
Means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances such as a floodplain,
grading, and erosion control ordinances) and other applications of
police power. The term describes such state or local regulations,
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
Means any land area susceptible to being inundated by water
from any source, including, but not limited to "flooding" as defined
herein.
Means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
Means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage
or related manufacturing facilities.
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Means a manmade structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to provide
protection from temporary flooding.
Means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
Means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirement of
Section 60.3 of the National Flood Program regulations.
Means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when connected to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
Means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Means, for the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
Means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by a community.
An Engineer or Architect licensed/registered to practice
in the State of Texas.
Means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
Means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Is the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
The area may be designated as Zone A on the Flood Hazard Boundary
Map (FHBM). After detailed rate-making has been completed in preparation
for publication for the FIRM, Zone A usually is refined into Zones
A, AE, AH, AO, A1-30, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,
VO, V1-30, VE or V.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), includes
substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other part of a building, whether or not that alteration affects
the external dimensions of the building.
Means a walled and roofed building, including a gas or liquid
storage tank that is principally above ground, as well as a manufactured
home.
Means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition
would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before "start of construction"
of the improvement. This includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The term
does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary conditions; or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
Means a grant of relief by a community from the terms of
a floodplain management regulation. (For full requirements see Section
60.6(a) of the National Flood Insurance Program regulations).
Means the failure of a structure or other development to
be fully compliant with the community's floodplain management
regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
Means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
6.05.03
General provisions.
A.
Lands to which this section applies.
This section
shall apply to all special flood hazard areas within the jurisdiction
of the City of Jarrell, Texas.
B.
Basis for establishing the special flood hazard area.
The special flood hazard areas identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled.
"The Flood Insurance Study for Williamson County, Texas and Incorporated
Areas," dated September 28, 1990, with accompanying Flood Insurance
Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM),
dated September 26, 2008, and any revisions thereto are hereby adopted
by reference and declared to be a part of this section.
C.
Establishment of development permit.
A Development
Permit shall be required to ensure conformance with the provisions
of this section.
D.
Compliance.
No structure or land shall hereafter
be located, altered, or have its use changed without full compliance
with the terms of this section and other applicable regulations.
E.
Penalty for violation.
Any building, structure, land fill or other means of restriction that has been illegally located within the floodplain shall be removed at the owner's expense within the stated time as set by the Floodplain Administrator. Failure to do so by the owner of said property will be considered a misdemeanor and subject to the General Penalties as provided for in Article 1.01, Section 1.01.009 of the City of Jarrell Code of Ordinances. Further, the City of Jarrell, for the protection of its citizens, may remove or have the obstruction(s) removed from the floodplain and the owner billed. If payment for this service is not forthcoming, the City of Jarrell shall place a lien on said property.
F.
Abrogation and greater restrictions.
This section
is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this section conflicts
with or overlaps with another legal issue or right, where this section
imposes a greater restriction, the provisions of this section shall
prevail.
H.
Warning and disclaimer of liability.
The degree
of flood protection required by this section is considered reasonable
for regulatory purposes and is based on scientific and engineering
considerations. On rare occasions, greater floods can and will occur
and flood heights may be increased by manmade or natural causes. This
section does not imply that land outside the special flood hazard
areas or uses permitted within such areas will be free from flooding
or flood damages. This section shall not create liability on the part
of the community or any official or employee thereof for any flood
damages that result from reliance on this section or any administrative
decision lawfully made hereunder.
6.05.04
Administration.
A.
Designation of the floodplain administrator.
The
Director/Building Official of the Inspection Services Department is
hereby appointed the Floodplain Administrator, or Designee to administer
and implement the provisions of this section and other appropriate
sections of Title 44 of the Code of Federal Regulations (Emergency
Management and Assistance - National Flood Insurance Program regulations)
pertaining to floodplain management.
B.
Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to, the following:
1.
Maintain and hold open for public inspection all records pertaining
to the provisions of this section.
2.
Review permit application to determine whether proposed building
site, including the placement of manufactured homes, will be reasonably
safe from flooding.
3.
Review, approve, or deny all applications for development permits
required by adoption of this section.
4.
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State, or local governmental
agencies including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval
is required.
5.
Where interpretation is needed as to the exact location of the
boundaries of the special flood hazard areas (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions) the Floodplain Administrator shall make the necessary
interpretation.
6.
Notify, in riverine situations, adjacent communities and the
State Coordinating Agency which is currently the Texas Water Development
Board, prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management
Agency.
7.
Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
8.
When base flood elevation data has not been provided in accordance with Article 3, Section B, [Section 6.05.03B], the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 5 [Section 6.05.05]
9.
When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zones
A1-30 and AE on the community's FIRM. unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community.
10.
Select and adopt a regulatory floodway based on the principle
that the area chosen for the regulatory floodway must be designed
to carry the waters of the base flood, without increasing the water
surface elevation of that flood more than one foot at any time.
11.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by Section 65.12 of 44 CFR in the NFIP FEMA regulations.
C.
Permit procedures.
1.
An application for a Development Permit shall be presented to
the Floodplain Administrator on forms furnished by him/her and may
include, but not be limited to: plans in duplicate drawn to scale
showing the location, dimensions, and elevation of proposed landscape
alterations; existing and proposed structures, including the placement
of manufactured homes; and the location of the foregoing in relation
to special flood hazard areas. Additionally, the following information
is required:
a.
The elevation (in relation to mean sea level), of the lowest
floor (including basement) of all new and substantially improved structures;
b.
The elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
c.
A certificate from a registered professional engineer or architect
that the nonresidential floodproofed structure shall meet the floodproofing
criteria of Article 5, Section B(2); [Section 6.05.05B];
d.
A description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed development.
e.
A record of all such information must be maintained by the Floodplain
Administrator in accordance with Article 4, Section (B)(1) [Section
6.05.04B]
2.
The approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this section
and the following relevant factors:
a.
The danger to life and property due to flooding or erosion damage;
b.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
c.
The danger that materials may be swept onto other lands to the
injury of others;
d.
The compatibility of the proposed use with existing and anticipated
development;
e.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
f.
The costs of providing governmental services during and after
flood conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems;
g.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
h.
The necessity to the facility of a waterfront location, where
applicable;
i.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use; and
j.
The relationship of the proposed use to the comprehensive plan
or Unified Development Code for that area.
D.
Variance procedures.
1.
The Appeal Board as established by the community shall hear
and render judgment on requests for variances from the requirements
of this section. The Appeal Board for the City of Jarrell is the Planning
and Zoning Commission.
2.
The Appeal Board shall hear and render judgment on an appeal
only when it is alleged there is an error in any requirement, decision,
or determination made by the Floodplain Administrator in the enforcement
or administration of this section.
3.
Any person or persons aggrieved by the decision of the Appeal
Board for the City of Jarrell, Texas may appeal such decision to the
court of competent jurisdiction.
4.
The Floodplain Administrator shall maintain a record of all
actions involving an appeal and shall report variances to the Federal
Emergency Management Agency upon request.
5.
Variances may be issued for the reconstruction, rehabilitation,
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
6.
Variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, provided the relevant factors in Section
C(2) [Section 6.05.04C] of this section have been fully considered.
As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
7.
Upon consideration of the factors noted above and the intent of this section, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section (Article 1, Section Q [Section 6.05.01].
8.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
9.
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued
designation as a historic character and design of the structure.
10.
Prerequisites for granting variances:
a.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
b.
Variances shall only be issued upon:
a.
Showing a good and sufficient cause;
b.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
c.
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
c.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation below the base flood elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
11.
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
6.05.05
Provision for flood harzard reduction.
A.
General standards.
In all special flood hazard
areas, the following provisions are required for all new construction
and substantial improvements:
1.
All new construction or substantial improvements shall be designed
(or modified) and adequately anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
2.
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
3.
All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
4.
All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
5.
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
6.
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and discharge from the systems into floodwaters; and
7.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
B.
Specific standards.
In all special flood hazard areas where base flood elevation data
has been provided as set forth in (i) Article 3, Section B [Section
6.05.03B], (ii) Article 4, Section B(8) [Section 6.05.04B.8], or (iii)
Article 5, Section C(4) [Section 6.05.05C.3], the following provisions
are required:
1.
Residential construction.
New construction and
substantial improvement of any residential structure shall have the
lowest floor (including basement), elevated at least twelve inches
(12") above the base flood elevation. A registered professional engineer,
architect, or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection as proposed in
Article 4, Section C (1) a. [Section 6.05.04C.1.a], is satisfied.
2.
Nonresidential construction.
New construction
and substantial improvements of any commercial, industrial or other
nonresidential structure shall either have the lowest floor (including
basement) elevated at least twelve inches (12") above the base flood
level or, together with attendant utility and sanitary facilities,
be designed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify
that the design and methods of construction are in accordance with
accepted standards of practice as outlined in the subsection. A record
of such certification which includes the specific elevation (in relation
to mean sea level) to which such structures are floodproofed shall
be maintained by the Floodplain Administrator.
3.
Enclosures.
New construction and substantial improvements,
with fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwater. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
a.
A minimum of two openings on separate walls having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
b.
The bottom of all openings shall be no higher than one foot
above grade.
c.
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwater.
4.
Manufactured homes.
a.
All manufactured homes to be placed within Zone A, on the community's
FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purpose of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
b.
All manufactured homes that are placed or substantially improved
within Zones A1-30, AH, and AE on the community's FIRM on sites
(i) outside of a manufactured home park or subdivision, (ii) in a
new manufactured home park or subdivision, (iii) in an expansion to
an existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, must be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated as [at] least twelve inches (12") above
the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
c.
All manufactured homes to be placed or substantially improved
on sites in existing manufactured home park or subdivision with Zones
A1-30, AH, and AE on the community's FIRM that are not subject
to the provisions of Subsection (4) of this section be elevated so
that either: (i) the lowest floor of the manufactured home is at least
twelve inches (12") above the base flood elevations, or (ii) the manufactured
home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
5.
Recreational vehicles.
All recreational vehicles
to be placed on sites within Zones A1-30, AH and AE on the community's
FIRM either (i) be on the site for fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or (iii) meet the
permit requirements of Article 4, Section C-1 [Section 6.05.04C.1],
and the elevation and anchoring requirements for "manufactured homes"
in Subsection (4) of this section. A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions.
C.
Standards for subdivision proposals.
1.
All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Article 1, Section B, C, and D [Section 6.05.01] of this section to assure that such proposals minimize potential flood damage.
2.
All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C [Section 6.05.03C]; Article 4, Section C [Section 6.05.04C]; and the provisions of Article 5 [Section 6.05.05], of this section.
3.
Base flood elevation data shall be generated for subdivision
proposals and other proposed development including manufactured home
parks and subdivisions which is greater than ten (10) lots or two
(2) acres, whichever is lesser, if not otherwise provided pursuant
to Article 3, Section B [Section 6.05.03B] or Article 4, Section B
(8) [Section 6.05.04B.8] of this section.
4.
All subdivision proposals including manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure
to flood hazards.
5.
All subdivision proposals including manufactured home parks
and subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate flood damage.
D.
Standards for areas of shallow flooding (AO/AH zones).
Located within the special flood hazard areas established in
Article 3, Section B [Section 6.05.03B], are areas designated as shallow
flooding. These areas have special flood hazards associated with base
flood depths of 1' to 3' feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow; therefore, the following provisions apply:
1.
All new construction and substantial improvements of residential
structures shall have the lowest floor (including basement) elevated
above the highest adjacent grade at least twelve inches (12") higher
than the depth number specified in feet on the community's FIRM
or at least two feet (2') if no depth number is specified.
2.
All new construction and substantial improvements of nonresidential
structures must: i. have the lowest floor (including basement) elevated
above the highest adjacent grade at least twelve inches (12") higher
than the depth number specified in feet on the community's FIRM
(at least two feet (2') if no depth number is specified), or;
ii. together with attendant utility and sanitary facilities, be designed
so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
3.
A registered professional engineer or architect shall submit
a certification to the Floodplain Administrator that the standards
of this Section, as proposed in Article 4, Section C [Section 6.05.04C]
are satisfied.
4.
Within Zones AH or AO, adequate drainage paths around structures
on slopes, to guide floodwaters around and away from proposed structures,
are required.
E.
Floodways.
Floodways are designated areas located
within special flood hazard areas established in Article 3, Section
B [Section 6.05.03C]. Since the floodway is an extremely hazardous
area due to the velocity of floodwater which carries debris, potential
projectiles, and erosion potential, the following provisions shall
apply:
1.
Encroachments are prohibited, including fill, new construction,
substantial improvements, and other development within the adopted
regulatory floodway unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
2.
If Article 5, Section E (1) [Subsection 1] above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5 [Section 6.05.05].
3.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, the community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12 in 44 CFR of the NFIP FEMA regulations.
(Ordinance 2024-0702-04 adopted 7/2/2024)
An inventory of existing trees greater than ten (10) inches
diameter measured from four (4) feet above ground level shall be inventoried
and identified in the Site Plan. The Site Plan shall indicate which
trees are proposed to remain, and which are to be removed. The following
requirements apply:
A.
Trees to remain after construction is complete shall be protected
from possible injury during construction.
C.
Land Clearing and Modification.
Clear cutting of any
sort (by hand, chainsaw, machine or other means) of trees greater
than nineteen (19) inches in diameter measured four (4) feet from
ground level from a residential or commercial property shall be prohibited.
Up to 40% of trees under 19" in diameter can be removed. Trees under
10" in diameter are not included in the 40%. Exception can be granted
by the City Manager if an acceptable replacement plan is provided.
D.
Exceptions to this prohibition are made for trees that pose a health
and safety problem, including Hackberry, Mesquite, and Ash Juniper/Cedar.
E.
Any hardwood tree 19" [in] diameter or larger shall require Planning
and Zoning Commission Approval before removing.
F.
No tree shall be planted in a public right-of-way without prior authorization
from the City Manager and any other applicable entity (e.g., Williamson
County, TxDOT).
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
6.08.01
Purpose.
Buffering is intended to protect the
character and stability of residential areas, to conserve the value
of land and buildings of the properties and neighborhoods adjacent
to nonresidential developments, and to enhance the visual and aesthetic
image of the City of Jarrell. Buffering provides visual screening
and spatial separation of two adjoining buildings and areas of intense
activity.
6.08.02
Applicability.
Buffering applies to all development
except single-family construction adjacent to residential zoned property.
6.08.03
Location.
Buffer yards shall be located on the
side and rear lot lines of a parcel extending to the lot or parcel
boundary line. Buffer yards shall not be located within existing streets
or public rights-of-way.
6.08.04
Dimension.
Buffer Width is based on the following
Buffer Intensity Classifications:
Class 1: Cemeteries, golf courses, passive recreational areas,
wholesale nurseries, day-care homes.
Class 2: Offices (3 stories or less), churches, schools, public
facilities including playgrounds, ball fields, community swimming
pools, and similar facilities, day-care facilities.
Class 3: Neighborhood and other local commercial and service
activities, including but not limited to retail operations, restaurants
(without drive-up windows), banks (without drive-up windows), convenience
stores (without gasoline sales), offices (over three stories), multifamily
and manufactured housing.
Class 4: Commercial activities with higher vehicle activities,
including but not limited to vehicle repair, service stations, drive-up
window restaurants and banks, carwashes, hotels and motels, shopping
centers, funeral homes, schools, and childcare centers. Also, light
manufacturing activities and research facilities.
Class 5: Heavy industrial uses, heavy manufacturing, truck terminals,
mobile home sales, vehicle sales, vehicle storage and salvage, heavy
equipment sales, facilities involving outdoor storage and outdoor
commercial recreation establishments.
No buffers shall be required for property in the Downtown Overlay
District although some landscaping and buffering standards may apply
per the conditional use permitting process.
6.08.05
Alternate Compliance.
The City Council, at time
of site plan approval, may reduce buffer widths and required plantings
by up to fifty percent (50%) if the site plan indicates berming, alternate
landscaping, walls, opaque fence or topographic features, which will
meet or exceed the buffer yard objectives of this section and are
designed to complement adjacent properties. The City Council may also
reduce the buffer width along a property line by an amount not to
exceed fifty percent (50%) of the width of a public utility easement
if the easement is located on the property line and in the same location
or orientation as the buffer yard. Berms may not have a slope greater
than four-to-one (4/1) and must have a crown width of at least three
(3) feet. Reductions of buffer width more than fifty percent (50%)
shall not be considered without written approval from the adjoining
property owners, and only upon written approval by the City Council.
|
Table 6-1: Buffer Intensity Class
| |||
|---|---|---|---|
|
Buffer Intensity Class (BIC)
|
Residential Zone
|
Residential Use in Nonresidential Zone
|
Multifamily Zone
|
|
BIC 1
|
10'
|
5'
|
10'
|
|
BIC 2
|
20'
|
10'
|
20'
|
|
BIC 3
|
30'
|
15'
|
20'
|
|
BIC 4
|
50'
|
25'
|
40'
|
|
BIC 5
|
80'
|
40'
|
80'
|
6.08.06
Integration with Landscaping.
Buffer requirements
can be applied within the required setback spaces and can be used
to satisfy any landscaping requirements of this Code.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
Design of improvements shall conform to the standards and specifications
of the City of Jarrell Design and Construction Standards, as amended.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
6.10.01
Purpose.
The purpose of this Section is to require
that the parking and circulation aspects of all developments are well
designed with regard to safety, efficiency and convenience for vehicles,
bicycles, and pedestrians, both within the development and to and
from surrounding areas.
6.10.02
Consistency with the Transportation Plan.
All
new roadways shall be built in accordance with the Transportation
Plan Element of the City of Jarrell Comprehensive Plan, the City's
thoroughfare plan as may be adopted by the City Council, and any TxDOT
standards that may apply.
6.10.03
Safety Considerations; Pedestrian Separation.
To the maximum extent feasible, pedestrians shall be separated from
vehicles and bicycles. Where complete separation of pedestrians and
vehicles and bicycles is not possible, potential hazards shall be
minimized by the use of techniques such as special paving, grade separations,
pavement marking, signs or striping, bollards, median refuge areas,
traffic calming features, landscaping, lighting or other means to
clearly delineate pedestrian areas, for both day and night use.
6.10.04
Added Width for Bicycles.
Where pedestrians and
bicyclists share walkways, the pedestrian/bicycle system shall be
designed to be wide enough to easily accommodate the amount of anticipated
pedestrian and bicycle traffic volumes. A minimum width of eight (8)
[feet] and maximum width of twelve (12) feet shall be required for
all walkways and sidewalks which require shared use by pedestrians
and bicyclists. Requires sidewalks in residential developments and
adds a minimum width of seventy-two (72) inches for any sidewalk as
well as stating that there shall be no gap between the curb and sidewalk.
6.10.05
Curb Cuts and Ramps.
Curb cuts and ramps shall
be located at convenient, safe locations for the physically disabled,
for bicyclists and for pedestrians pushing strollers or carts. The
location and design of curb cuts and ramps shall meet the requirements
of the Uniform Building Code and the Americans with Disabilities Act
ramp standards and shall avoid crossing or funneling traffic through
loading areas, drive-in lanes and outdoor trash storage/collection
areas.
6.10.06
Corner Lot View Lines.
On a corner lot in any
district, nothing shall be erected, placed, or planted or allowed
to grow in such a manner so as to materially impair vehicle drivers'
vision at intersections, within a triangle defined by the property
lines and a line joining two points located twenty-five (25) feet
back from the property lines intersection; except that fences, walls,
and/or hedges may be permitted provided that such fences, walls, and/or
hedges do not impair vision from three (3) feet to six (6) feet above
the curbline elevation.
6.10.07
Access and Parking Lot Requirements.
A.
General.
All vehicular use areas in any site development
shall be designed to be safe, efficient, convenient and attractive,
considering use by all modes of transportation that will access the
site including, without limitation, cars, trucks, buses, bicycles,
pedestrian, and emergency vehicles. Mutual access easements may be
required during the platting process to limit the number of curb cuts
along Major and Minor Arterials. In addition, cross-access easements
may be required between adjacent lots to encourage a secondary circulation
system.
B.
Pedestrian/Vehicle Separation.
To the maximum
extent feasible, pedestrians and vehicles shall be separated through
provision of a separate sidewalk or walkway for pedestrians. Where
complete separation of pedestrian and vehicles is not feasible, potential
hazards shall be minimized by using landscaping, bollards, special
paving, lighting and other similar means to clearly delineate pedestrian
areas.
C.
Access.
Unobstructed vehicular access to and from
a public street shall be provided for all off-street parking spaces.
Vehicular access shall be provided in such manner as to protect the
safety of persons using such access or traveling in the public street
from which such access is obtained.
D.
Geometric Design.
Parking lots shall be designed
in accordance with the City of Round Rock Transportation Criteria
Manual, as amended. Generally, parking lots shall be laid out to continue
the street/block pattern of the area so that the lots can easily be
redeveloped with buildings consistent with the urban design of the
surrounding development.
E.
Pavement.
All open, off-street parking, and vehicular
use areas shall bear an all-weather geotechnically engineered surface
to meet a loading requirement of 75,000 pounds.
F.
Lighting.
Light fixtures provided for any off-street parking area adjacent to a residential use or residentially zoned lot shall shield the source of light from sight and prevent the spillover of direct light onto the residential use, while still providing security to motorists, pedestrians and bicyclists. See Section 6.13 of this Code for lighting standards.
G.
Maintenance.
The property owner shall be responsible
for maintaining any vehicular use area in good condition and free
of refuse, debris, and vehicles that have not been driven for two
weeks or longer, and all landscaping in a healthy and growing condition,
replacing it when necessary, as specified in the approved site development
permit.
H.
Provision of Access Easements.
The City Manager
or City Engineer may require the provision of mutual access and/or
cross-access easements for circulation control.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
6.11.01
Purpose and General Policy.
The purpose of this
section is to require that development within the Jarrell jurisdictional
area is supported by an adequate roadway network, including collector-level
and higher capacity streets, as may be necessary to accommodate the
continuing growth and development of the City and its jurisdictional
area. Acquisition of new rights-of-way for off-site, abutting and
internal streets to support new development is necessary and desirable.
The city requires that: (1) development impacts are mitigated through
contributions of street rights-of-way and/or improvements to existing
and new roadways; or (2) new developments contribute their fair share
of the costs of needed transportation improvements
6.11.02
Proportionality of Requirement.
There must be
a rough proportionality between the traffic impacts created by a new
development and requirements placed on the property owner or applicant
for new development to dedicate and improve off-site, abutting and
internal street rights-of-way to City standards. The City desires
to assure both that development impacts are mitigated through contributions
of street rights-of-way and transportation system improvements and
that new development contribute their fair share of the costs of transportation
improvements. It is the City's intent to institute a procedure to
assure that mandatory dedications of street rights-of-way and street
construction requirements are proportional to the traffic demands
created by a new development.
6.11.03
Administration.
The City Manager or his/her designee
shall be the primary point of contact with the landowner or developer
or his/her agents and has considerable authority and responsibility
for administering the provisions of this section of the Code. However,
all final decisions concerning participation in costs and completion
of improvements that may be specified in a traffic impact analysis,
capital improvements plan, or mitigation plan as required in this
section shall be made by the City Council and reviewed in advance
by the Planning and Zoning Commission.
6.11.04
Applicability.
The requirement for assessment
of and improvements to the transportation network apply to existing
and future transportation networks associated with land development
activities, within the City limits and within the City's extraterritorial
jurisdiction. Any application for subdivision approval or subdivision
improvements, zoning or zoning change, or site development in accordance
with this Code must comply with these standards. The City Engineer
may at his professional discretion (and approval by City Council)
issue a waiver to this requirement.
6.11.05
Threshold of Requirement.
The threshold requirement
for a TIA shall be a development or combination of developments that
would result in trip generation of more than an average of one thousand
(1,000) trips per day based upon the latest edition of the Institute
of Transportation Engineers (ITE) Trip Generation Manual. If the proposed
development does not exceed the threshold, a TIA waiver shall be noted
on the TIA Determination Worksheet. If the TIA threshold is exceeded,
the applicant shall be so advised on the TIA Determination Worksheet
and referred to the City Manager or his/her designee for consultation
concerning the preparation of a TIA.
6.11.06
Traffic Impact Analysis.
When a TIA is required,
the type and scope of the study shall be determined during a scoping
meeting with the City Manager or his/her designee. The scoping meeting
may occur during any required preapplication conference but may also
be scheduled after an initial preapplication meeting. No application
requiring a TIA may be made until the scope of the required study
has been determined. The City Manager or his/her designee may involve
representatives of or request assessments from other agencies and
departments and consultants. The TIA will follow the criteria outlined
in the City of Round Rock Transportation Criteria Manual, Section
2, as amended.
6.11.07
Dedication and Improvement of Internal and Adjacent Thoroughfares.
For thoroughfares that currently are or will in the future be
located alongside a property boundary, the property owner shall dedicate
and improve, as a minimum, one-half of the right-of-way necessary
to meet the specification of future thoroughfares contained in the
Comprehensive Plan or the City or County Thoroughfare Plan as adopted
or amended by the City Council from time to time. The City may require
additional land and improvements for rights-of-way for adjacent thoroughfares
where necessary to achieve adequacy of the road network and where
such additional land and improvements are proportional to the traffic
impacts generated by the proposed development, depending on factors
such as the impact of the development on the thoroughfare, the timing
of development in relation to need for the thoroughfare, and the likelihood
that adjoining property will develop in a timely manner. In the case
of adjacent frontage or service roads for state and federally designated
highways, the property owner shall dedicate sufficient right-of-way
and make authorized improvements in order to provide an adequate road
network to serve the development.
6.11.08
Substandard Street Improvements.
Where an existing
thoroughfare that does not meet the City's right-of-way or design
standards abuts a proposed new development, the City may require the
property owner to dedicate the right-of-way for a standard thoroughfare
width, and to improve the street according to the dimensions and specifications
in this Code, depending on factors such as the impact of the development
on the thoroughfare, the timing of development in relation to need
for the thoroughfare, and the likelihood that adjoining property will
develop in a timely manner.
6.11.09
Capital Improvements Plan for Roads.
A road improvement
may be considered adequate for an application if the City Manager
determines that the required improvement is included, funded, and
approved in the City's, County's or State's capital improvements plan
for roads, provided that the applicant agrees to phase development
to conform to the date of completion of such scheduled improvement.
This section shall not be construed to prevent the City from requiring
dedication of rights-of-way for such roads, or from assigning trips
to such roads in a TIA in order to determine a development project's
proportionate costs of improvements.
6.11.10
Participation in Costs and Completion of Improvements.
A.
The City may participate in the costs of improvements required by
this section in order to achieve proportionality between the traffic
impacts created by the proposed development and the obligation to
provide adequate roadways. In such cases, the property owner shall
be responsible for the entire initial costs of road improvements,
including design costs. Reimbursement of the City's agreed share of
the costs shall be made as funds become available. The construction
of improvements and the provisions for participation in costs by the
City shall be included in a subdivision improvement agreement.
B.
During the course of providing for improvements, the City shall cooperate
with the developer in the use of its governmental powers to assist
in the timely and cost-effective implementation of improvements. Assistance
shall not mean financial aid in actual easement acquisition, construction
or engineering costs.
6.11.11
Deferral of Obligation.
Upon request of the applicant
or property owner, the obligation to dedicate or improve thoroughfare
rights-of-way or to make intersection improvements imposed on an application
may be deferred to a later stage of the development process. As a
condition of deferring the obligation to dedicate rights-of-way for
or to improve thoroughfares, which deferral shall be in the sole discretion
of the City, the City shall require the developer to execute a subdivision
or site development improvement agreement specifying the amount and
timing of the rights-of-way dedication or improvements to thoroughfares,
including the posting or depositing of a letter of credit or other
fiscal surety, in a form and under terms acceptable to the City, in
advance of approval of the development application.
6.11.12
Cash Contributions.
In lieu of the obligation
to dedicate or improve thoroughfares or make traffic-control improvements
or post fiscal surety for subsequent construction to achieve road
adequacy, the applicant may propose to make equivalent cash contributions
based upon the development project's proportionate share of the costs
of improvements, which the City in its sole discretion may accept
in satisfaction of road adequacy standards in this section. Any funds
accepted by the City shall be earmarked for construction of the improvements
for which the contribution was made.
6.11.13
Options.
Whenever the proposed development's share
of the costs of a thoroughfare or traffic-control improvement needed
to mitigate traffic generated by the development is less than one
hundred percent (100%), the City in its sole discretion may do the
following:
6.11.14
Advance Funding.
If the landowners determine to
either fund in advance or fund more than their pro-rata share, the
City shall credit the developer's future fiscal posting. For those
contributions and improvements beyond the developer's pro-rata participation,
the City may either credit the developer's future fiscal posting or
reimburse the developer out of City funds or funds allocated from
other area landowners' contributions for those specific improvements.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
6.12.01
Purpose.
The purposes of regulating the placement
and specifications of signs within the City's jurisdictional area
are as follows:
A.
To promote and protect the safety of persons and property by assuring
that signs do not create traffic hazards or impair motorists' ability
to see pedestrians, other vehicles, obstacles or read traffic signs.
B.
To promote the aesthetics, safety, health, morals and general welfare,
and the assurance of protection of adequate light and air by regulation
of the position, displaying, erection, use and maintenance of signs.
C.
To promote the efficient transfer of general public and commercial
information through the use of signs.
D.
To enhance the overall appearance and economic value of the landscape
and preserve the unique natural environment that distinguishes the
City and surrounding area.
6.12.02
Applicability - Effect.
A.
A sign may be erected, placed, established, painted, created, or
maintained in the City only in conformance with the standards, procedures,
exemptions, and other requirements of the Section.
B.
The effect of this Section as more specifically set forth herein,
is:
1.
To establish a permit system to allow a variety of types of
signs in commercial and industrial zones and a limited variety of
signs in other zones, subject to the standards and the permit procedures
of this Section.
2.
To allow certain signs that are small, unobtrusive, and incidental
to the principal use of the respective Lots on which they are located,
subject to the substantive requirements of this Section, but without
requirements for permits.
3.
To provide for Temporary Signs without Commercial Messages in
limited circumstances.
4.
To prohibit all signs not expressly permitted by this Section;
and
5.
To provide for the enforcement of the provisions of this Section.
C.
The City Manager is authorized to issue an administrative variance
for any signs deemed unable to conform to standards set forth in the
following overlay districts.
6.12.03
6.12.04
Definitions and Interpretation.
Words and phrases used in this Section shall have the meanings set forth in the Reference section of this Code. Principles for computing sign area and sign height are contained in Section 6.12.05 below. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
6.12.05
Computation.
A.
Computation of Area of Individual Signs.
The area
of a sign face (which is also the sign area of a Wall Sign or other
sign with only one face) shall be computed by means of the smallest
square, circle, rectangle, triangle, or combination thereof, that
will encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed,
but not including any supporting framework, bracing, or decorative
fence or wall when such fence or wall otherwise meets Code regulations
and is clearly incidental to the display itself.
B.
Computation of Area of Multifaceted Signs.
The
sign area for a sign with more than one face shall be computed by
adding together the area of all signs face visible from any one point.
When two identical sign faces are placed back-to-back, so that both
faces cannot be viewed from any point at the same time, and when such
sign faces are part of the same sign structure and are not more than
42 inches apart, the sign area shall be computed by the measurement
of one of the faces.
C.
Computation of Height.
The height of a sign shall
be computed as the distance from the ground to the top of the highest
attached component of the sign. Normal grade shall be construed to
be the (1) existing grade prior to construction (2) the newly established
grade after construction, or (3) the crown of the adjacent roadway.
D.
Computation of Maximum Total Permitted Sign Area for a Zone
Lot.
The permitted sum of the area of all individual
signs on a Zone Lot shall be computed by applying the formula contained
in Table 6-3, "Maximum Total Sign Area per Zone Lot by Zoning District,"
to the Lot: frontage, building frontage, or wall area, as appropriate,
for the zoning district in which the Lot is located. Lots fronting
on two or more Streets are allowed the permitted sign area for each
Street Frontage, with signs facing a maximum of two Streets. However,
the total sign area that is oriented toward a particular Street may
not exceed the portion of the Lot's total sign allocation that is
derived from the Lot, building, or wall area frontage on that Street.
6.12.06
Permitted and Prohibited Signs.
A.
Interstate Criteria.
B.
Sign Permits.
Signs shall be allowed on private
property in the City or its extraterritorial jurisdiction in accordance
with, and only in accordance with, Table 6-3, "Permitted Signs by
Type and Zoning District" [Table 6-2 "Permitted Signs by Zoning District"].
If the letter "A" appears for a sign type in a column, such sign is
allowed without prior permit approval in the zoning districts represented
by that column. If the letter "P" appears for a sign type in a column,
such sign is allowed only with prior permit approval in the zoning
districts represented by that column. Special conditions may apply
in some cases. If no letter appears for a sign type in a column, such
sign is not allowed in the zoning districts represented by that column
under any circumstances. The following zoning districts are identified
for the purpose of these tables:
|
Table 6-2 Permitted Signs by Zoning District
| |||||
|---|---|---|---|---|---|
|
Sign Type
|
Residential
|
C-1
|
C-2
|
C-3
|
Industrial
|
|
Freestanding
| |||||
|
Other
|
P
|
P
|
P
|
P
|
P
|
|
Incidental
|
A
|
A
|
A
|
P
|
A
|
|
Building
| |||||
|
Banner
|
—
|
P
|
P
|
P
|
P
|
|
Building Marker
|
A
|
A
|
A
|
A
|
A
|
|
Canopy
|
—
|
P
|
—
|
P
|
—
|
|
Incidental
|
A
|
A
|
A
|
A
|
A
|
|
Marquee
|
—
|
P
|
P
|
P
|
P
|
|
Monument
|
P
|
P
|
P
|
P
|
P
|
|
Projecting
|
—
|
P
|
P
|
P
|
—
|
|
Residential
|
P
|
P
|
—
|
—
| |
|
Roof
|
—
|
—
|
—
|
P
| |
|
Roof, Integral
|
—
|
—
|
P
|
P
|
P
|
|
Street Address
|
A
|
A
|
A
|
A
|
A
|
|
Suspended
|
—
|
A
|
A
|
P
|
A
|
|
Temporary
|
A
|
P
|
P
|
P
|
P
|
|
Wall
|
—
|
P
|
P
|
P
|
P
|
|
Window
|
—
|
P
|
P
|
P
|
P
|
|
Miscellaneous
| |||||
|
Flag
|
A
|
A
|
A
|
A
|
A
|
|
Portable
|
A
|
P
|
P
|
P
|
P
|
|
Notes:
| |
|---|---|
|
(A)
|
Allowed without Permit
|
|
(P)
|
Permit required
|
|
(—)
|
Prohibited.
|
C.
Although permitted under the previous paragraph, a sign designation
by an "A" or "P" in Table 6-2 shall be allowed only if:
1.
The sum of the area of all building and Lots on the Zone Lot
conforms to the maximum permitted sign area as determined by the formula
for the zoning district in which the Lot is located as specified in
Table 6-7 [Table 6-3].
2.
The size, location, and number of signs on the Lot conform to
the requirements of Tables 6-2 and 6-3, "Number, Dimensions, and Location
of Individual Signs by Zoning District."
|
Table 6-3 Number, Dimensions and Location of Individual Signs
by Zoning District
| |||||
|---|---|---|---|---|---|
|
Sign Type
|
Residential
|
C-1
|
C-2
|
C-3
|
Industrial
|
|
Freestanding
| |||||
|
Area (sq. ft.)
|
20
|
30
|
200
|
200
|
200
|
|
Height (feet)
|
5
|
10 (Pole/Post/Arm) 5 (Monument)
|
30
|
30
|
25
|
|
Setback (feet)
|
8
|
8
|
10
|
10
|
10
|
|
Number Permitted
| |||||
|
Per Zone Lot
|
1 (per street frontage)
|
1 (per street frontage)
|
1 (per street frontage)
|
1 (per street frontage)
|
N/A
|
|
Per Feet of Street Frontage
|
N/A
|
N/A
|
1 (per 200')
|
1 (per 200')
|
1 (per 400')
|
|
Building
| |||||
|
Area (max. sq. ft.)
|
2
|
30 (Wall) 15 (Projecting)
|
45 (Wall) 16 (Projecting)
|
45 (Wall) 16 (Projecting)
|
N/A
|
|
Wall Area (percent)
|
N/A
|
10
|
10
|
10
|
5
|
D.
Permits Required.
1.
If a sign requiring a permit under the provision of this Chapter
is to be placed, constructed, erected, or modified on a lot either
within the City limits or the City's extraterritorial jurisdiction,
the owner of the Lot shall secure a sign permit prior to the construction,
placement, erection, or modification of such a sign in accordance
with the requirements of Section 6.12.06.G below.
2.
No signs shall be erected in the public right-of-way except
in accordance with Section 6.12.06.J below.
3.
No sign permit of any kind shall be issued for an existing or
proposed sign unless such sign is consistent with the requirements
of this Section (including those protecting existing signs) in every
respect and with the Master or Common Signage Plan in effect for the
property, if applicable. If a permit is administratively denied the
property owner may appeal to a committee composed of the Mayor, Mayor
Pro Tem, and City Manager.
E.
Signs Exempt From Regulation.
The following signs
shall be exempt from regulation under this Chapter:
1.
Any public notice or warning required by a valid and applicable
federal, state, or local law, regulation, or ordinance.
2.
Temporary real estate signs not exceeding six square feet in
area and three feet in height in residential zoning districts and
not exceeding 64 square feet in area and 12 feet in height in other
zoning districts that advertise the property on which the sign is
located for sale or lease. These signs must be removed within seven
days after the property is sold or leased.
3.
Works of art that do not include a Commercial Message.
4.
Holiday lights and decorations with no Commercial Message.
5.
Traffic-control signs on private property, such as stop, yield,
and similar signs, the face of which meet Department of Transportation
standards and that contain no Commercial Message of any sort.
6.
Temporary signs advertising a "garage sale" not exceeding six
square feet in area. These signs may not be posted earlier than three
days before and must be removed within one day after the sale.
7.
Temporary signs placed on construction sites to identify the
contractor, engineer, architect, or developer not exceeding 64 square
feet in area. These signs may not be erected prior to approval of
a site plan and must be removed within seven days after the completion
of the project.
8.
Permanent subdivision identification signs approved by the City
Council as part of the platting process.
9.
Temporary signs for special events such as charitable, church,
or community activities. These signs may not be posted earlier than
three weeks before and must be removed within one day after the event.
10.
Model home signs not exceeding 32 square feet in area and 5
feet in height.
11.
No Trespassing, No Hunting, and No Fishing Signs placed by the
landowner.
12.
Temporary real estate signs (commonly referred to as "bandit"
signs) are prohibited.
13.
The City permits directional also known as "wayfinding" signs,
within the public right-of-way.
F.
General Permit Procedures.
The following procedures
shall govern the application for, and issuance of, all sign permits
under this Section, and the submission and review of Common Signage
Plans and Master Signage.
1.
Applications.
All applications for sign permit
of any kind and for approval of Master or Common Signage Plan shall
be submitted to the City Manager.
2.
Fees.
Each application for a sign permit or for
approval of a Master or Common Signage Plan shall be accompanied by
the applicable fees, which shall be established by the City Council
from time to time by resolution.[1]
3.
Completeness.
Within five days of receiving an
application for a sign permit or for a Master or Common Signage Plan,
the City Manager shall review it for completeness. If the City Manager
finds that it is complete, the application shall then be processed.
If the City Manager finds that it is incomplete, the City Manager
shall, within such five-day period, send to the applicant a notice
of the specific ways in which the application is deficient, with appropriate
references to the applicable sections of the Chapter.
4.
Action on Permit.
Within seven days of the submission
of a complete application for a sign permit, the City Manager shall
either:
i.
Issue the sign permit, if the sign(s) that is the subject of
the application conforms in every respect with the requirements of
the Section and of the applicable Master or Common Signage Plan; or
ii.
Reject the sign permit if the sign(s) that is the subject of
the application fails in any way to conform to requirements of the
Section and the applicable Master or Common Signage Plan. In case
of a rejection, the City Manager shall specify in the rejection the
sections of the Chapter or applicable plan with which the sign(s)
is inconsistent.
5.
Action on Plan.
On any application for approval
of a Master or Common Signage Plan, the City Manager shall either
approve the proposed plan if the sign(s) as shown on the plan and
the plan itself conforms in every respect with requirements of this
Section, or reject the proposed plan if the sign(s) as shown on the
plan or the plan itself fails in any way to conform with the requirements
of the Section. In case of a rejection, the City Manager shall specify
in the rejection the sections of the Section with which the plan is
inconsistent. The City Manager shall take action on or before the
applicable one of the following dates:
G.
Permits to construct or Modify Signs.
Signs identified
as "P" on Table 6-2 shall be erected, installed, or created only in
accordance with a duly issued and valid sign construction permit from
the City Manager. Such permits shall be issued only in accordance
with the following requirements and procedures:
1.
Permit for New Sign or Sign Modification.
An application
for construction, creation, or installation of a new sign or for modification
of an existing sign shall be accompanied by detailed drawings to show
the dimensions, design, structure, and location of each particular
sign, to the extent that such details are not contained on a Master
or Common Signage Plan then in effect for the Zone Lot. One application
and permit may include multiple signs on the same Zone Lot. Changing
one panel on a multi-tenant sign is not considered a modification.
2.
Inspection.
The City Manager shall cause an inspection
of the Zone Lot for which each permit for a new sign or for modification
of an existing sign is issued during the sixth month after the issuance
of such permit or as such earlier date as the owner may request. If
the construction is not substantially complete at the time of inspection,
the permit shall lapse and become void. If the construction is complete
and in full compliance with this Section and with the building, sign,
and electrical codes, the City Manager shall issue a Certificate of
Sign Inspection. If the construction is substantially complete but
not in full compliance with this Section and applicable codes, the
City Manager shall give the owner or applicant notice of the deficiencies
and allow an additional 30 days from the date of inspection for the
deficiencies to be corrected. If the deficiencies are not corrected
by such date, the permit shall lapse. If the construction is then
complete, the City Manager shall issue a Certificate of Sign Inspection.
H.
Temporary Sign Permits (Private Property).
Temporary
Signs on private property shall be allowed only upon the issuance
of a Temporary Sign Permit, which shall be subject to the following
requirements:
1.
Term.
A Temporary Sign permit shall allow the
use of a Temporary Sign for a specified 30-day period.
2.
Number.
Only one Temporary Sign permit shall be
issued on the same Zone Lot during any consecutive 4-month period.
3.
Other Conditions.
A Temporary Sign shall be allowed
only in districts with a letter "A" or "P" for "Temporary Signs" on
Table 6-2 and subject to all of the requirements for Temporary Signs
as noted therein.
I.
Signs Prohibited Under this Section.
All signs
not expressly permitted under this Section or exempt from regulation
hereunder in accordance with Section 6.12.06C [Section 6.12.06E] above
are prohibited in the City or its extraterritorial jurisdiction. Such
signs include, but are not limited to:
J.
Signs in the Public Right-of-Way.
1.
No signs shall be allowed in the public right-of-way except
for those specifically licensed or permitted by the City or the State
to be there.
2.
Banners Hung Across Roadways.
i.
The responsible party must obtain a banner permit from TxDOT
and provide the City Manager with proof of the permit.
ii.
The permit applicant must submit a sign permit application including
the dates during which the banner is to be hung. A banner may be hung
for no more than thirty (30) days.
iii.
The sign permit application must be submitted
to the City Manager at least five (5) working days before, but no
more than ninety (90) days before the date requested for the banner
to be hung.
3.
Other Signs Forfeited.
Any sign installed or placed
on public property, except in conformance with the requirements of
this Section, shall be forfeited to the public and subject to confiscation.
4.
In addition to other remedies hereunder, the City shall have
the right to recover from the owner or person placing such a sign
the full costs of removal and disposal of such sign.
K.
Vehicles used solely as Signs.
Signage is allowed
on a truck, bus, car or other motorized vehicle provided all the following
criteria are met:
1.
Primary purpose of such vehicle or equipment is not the display
of signs.
2.
Signs are painted upon or attached directly to an integral part
of the vehicle or equipment.
3.
Vehicle/equipment is in operating condition, currently registered
and licensed to operate on public Streets when applicable, and actively
used in the daily function of the business to which such signs relate.
4.
Vehicles and equipment are not used primarily as static displays
advertising a product or service, not utilized as storage, shelter,
or distribution points for commercial products or services for the
general public.
L.
Political and Campaign Signs.
1.
Signs pertaining to candidates for public office, measures or
issues on primary, general or special election ballots are permitted
in all zoning districts.
2.
In Residential Districts on Lots smaller than one (1) acre,
one (1) sign per Street Frontage for each candidate or measure not
exceeding six (6) square feet in area and four feet (4') in height.
3.
In Residential Districts on Lots larger than one (1) acre and
in all other zoning districts, one sign per Lot for each candidate
or measure not exceeding thirty-two (32) square feet in area or eight
feet (8') in height.
4.
Signs shall not be displayed earlier than ninety (90) days prior
to an election and shall be removed within three (3) days following
said election.
5.
Signs shall not be placed in any portion of the public right-of-way
located between a Street or sidewalk and a property line fence (i.e.
residential Lot backup to an arterial Street).
6.
The Person, party or parties responsible for the distribution
and display of such signs shall be individually and jointly responsible
for their removal.
M.
Design, Construction, and Maintenance.
All signs
shall be designed, constructed, and maintained in accordance with
the following standards:
1.
All signs shall comply with applicable provisions of the adopted
versions of the Uniform Building Code, and the National Electrical
Code.
2.
Except for Banners, Flags, Temporary Signs, and Window Signs
conforming in all respects with the requirements of this Section,
all signs shall be constructed of permanent materials and shall be
permanently attached to the ground, a building, or another structure
by direct attachment to a rigid wall, frame, or structure.
3.
All signs shall be maintained in good structural condition,
in compliance with all building and electrical codes, and in conformance
with this code, at all times.
N.
Master or Common Signage Plan.
1.
Master Signage Plan. Master Multi-Tenant Sign Plan.
For any Multi-tenant Center on which the owner proposes to erect
one or more signs requiring a permit, the owner shall submit to the
City Manager, a Master Signage Plan containing the following:
i.
An accurate plot plan of the Lot(s) at such scale as the City
Manager may require.
ii.
The location of buildings, parking lots, driveways, and landscaped
areas on such lot.
iii.
Computation of the maximum total sign area, the
maximum area for individual signs, the height of signs and the number
of Freestanding Signs allowed on the Lot under this Section.
iv.
An accurate indication on the plan of the proposed location
of each present and future sign of any type, whether requiring a permit
or not, except that incidental Window Signs need not be shown.
v.
An accurate depiction of the sign structure and materials, specifying
standards for consistency among all signs on the Lot(s) affected by
the plan with regard to color scheme, lettering or graphic style,
lighting, location of each sign on the buildings, materials, and sign
proportions; and,
vi.
If the signage in the plan meets the full intent of this Section,
then a 20% increase in the maximum sign area shall be allowed for
each sign.
2.
Multi-Lot Development.
A multi-Lot development
is one in which contains two or more contiguous and adjacent Lots
(disregarding intervening Streets and alleys) that may or may not
be under common ownership that contain more than one building (not
including any accessory building). The owner(s) of such multi-Lot
development may file a Master Signage Plan. For the purpose of this
subsection, if the signage in the plan meets the full intent of the
Section, then a 20% increase in the maximum sign area shall be allowed
for each sign.
3.
Common Signage Plan.
If the owner of two or more
contiguous (disregarding intervening Streets and alleys) Zone Lots
or the owner of a single Lot with more than one building (not including
any accessory building) file with the City Manager for such Zone Lots
a Common Signage Plan conforming with the provisions of the Section,
a 25 percent increase in the maximum total sign area shall be allowed
for each included Zone Lot. This bonus shall be allocated within each
zone as the owner(s) elects.
4.
Provisions for Common Signage Plan.
The common
Signage Plan shall contain all of the information required for a Master
Signage Plan and shall also specify standards for consistency among
all signs on the Zone Lots affected by the Plan with regard to:
5.
Limit on Number of Freestanding Signs under Common Signage
Plan.
The Common Signage Plan, for all Zone Lots with
multiple uses or multiple users, shall limit the number of Freestanding
Signs to a total of one for each Street on which the Zone Lots included
in the plan have frontage and shall provide for shared or common usage
of such signs. Lots with significant Street frontage may have one
sign per 100 feet of frontage.
6.
General Provisions for Master or Common Signage Plans.
i.
Existing Signs Not Conforming to Common Signage Plan.
If any new or amended Common Signage Plan is filed for a property
on which existing signs are located, it shall include a schedule for
bringing into conformance, within three years, all signs not conforming
to the proposed amended plan or to the requirements of this Section
in effect on the date of submission.
ii.
Showing Window Signs on Master or Common Signage Plan.
A master or Common Signage Plan including Window Signs may simply
indicate the areas of the windows to be covered by Window Signs and
the general type of the Window Signs (e.g., paper affixed to window,
painted, etched on glass, or some other material hung inside window)
and need not specify the exact dimension or nature of every Window
Sign.
iii.
Other Provisions of Master or Common Signs.
The Master or Common Signage Plan may contain such other restrictions
as the owners of the Zone Lots may reasonably determine.
iv.
Consent.
The Master or Common Signage Plan shall
be established by all owners or their authorized agents in such form
as the City Manager require[s].
7.
Procedures.
A Master or Common Signage Plan shall
be included in any development plan, site plan, planned unit development
plan, or other official plan required by the City for the proposed
development and shall be processed simultaneously. Where no official
plan is required by the City, the City Manager may review the Master
Signage Plan and approve it provided it meets the full intent and
standards of this Section, may approve it with conditions; or may
deny the plan.
8.
Amendment.
A Master or Common Signage Plan may
be amended by filing a new Master or Common Signage Plan that conforms
with all requirements of the ordinance then in effect.
9.
Binding Effect.
After approval of a Master or
Common Signage Plan, no sign shall be erected, placed, painted, or
maintained, except in conformance with such plan, and such plan may
be enforced in the same way as any provision of the Section. In case
of any conflict between the provisions of such a plan and any other
provision of this Section, this Section shall control.
10.
Signage (to include but not limited to the name of the water
corporation, logo of the water corporation, or selling of advertising
rights to another party) on a water storage device, to include but
not limited to elevated tanks and ground storage, constructed after
adoption of this section.
6.12.07
Nonconforming Signs.
A.
This Section shall apply to all Nonconforming Signs. All Nonconforming
Signs shall be brought into compliance with this chapter in accordance
with the provisions of this Section.
B.
All Nonconforming Signs that were erected in violation of the ordinances
of the City in existence at the time the sign was permitted or should
have been permitted, and which violation was or has not been cured,
shall, upon written notice, be required to be brought into compliance
with this Section or removed within a reasonable time frame specified
by the City Manager, but not to exceed 30 days.
C.
Nonconforming Signs that do not comply with the City Construction
Code shall be subject to enforcement under the Construction Code,
as well as this Section. Repairs or modifications required under the
City Construction Code shall not entitle the owner of the Nonconforming
Sign to compensation under this Subchapter.
D.
All Nonconforming Signs shall be subject to the following provisions:
1.
Any Nonconforming Sign that has been destroyed or damaged to
the extent that the cost of repairing the sign is more than 50 percent
of the cost of erecting a new sign shall be removed or shall be brought
into compliance with this Chapter within six months from receipt of
an order from the City Manager.
2.
No Nonconforming Sign shall be required to be relocated or removed
unless such Nonconforming Sign is more than 50 percent destroyed or
damaged as provided above.
3.
Existing on-premises advertising may be replaced with like size
and structure, not to exceed the square footage and height of the
original sign.
E.
Change of use: Whenever a land use changes, any nonconforming sign
must be modified or removed so as to be in full compliance with these
sign regulations.
F.
Any water storage device existing at the date of this adoption would
be nonconforming and would be precluded from restoring any type of
signage upon repainting of the water storage device.
6.12.08
Abandoned signs and supporting structures.
A.
The owner of any premises on which there is displayed or maintained
an abandoned sign or abandoned supporting structure shall comply with
the following requirements:
1.
Any sign that is deemed dilapidated by the City Manager on or
before the adoption date of this Section, the owner shall remove the
sign within 30 days after receiving written notice from the City Manager
or the adoption of this Section, whichever is later.
2.
Any sign that is deemed dilapidated by the City Manager after
the adoption date of this Section, the owner shall remove the sign
within 30 days after receiving written notice from the City Manager.
3.
If a supporting structure used or designed to be used with a
sign is deemed dilapidated by the City Manager on or before the adoption
date of this Section, the owner shall remove the supporting structure
within 30 days after receiving written notice from the City Manager.
4.
If an abandoned supporting structure does not have a can, frame,
or similar part of the supporting structure that would hold the sign
or to which the sign would be attached, the supporting structure shall
be removed or made to comply with the provisions of the Section.
5.
No sign or supporting structure that is altered under the provisions
of this section shall be made more nonconforming.
B.
Any dilapidated sign or dilapidated supporting structure not in compliance
with this Section is an unlawful sign and may be removed by the City
in compliance with Chapter 7.00 and the owner may be prosecuted or
be enjoined from continuing such violation.
C.
If any sign, which conforms to the regulations of the Section, is
abandoned, the owner, user, and Persons who benefit from the sign
and the owner, operator, and tenants of the property on which the
sign is located shall remove it, paint out or cover the message portion
of the sign, put a blank face on the sign, or otherwise bring it into
compliance with this Section so as to leave the message portion and
supporting structure neat and unobtrusive in appearance, within 90
days after receiving written notice from the City Manager.
D.
The following are required for the use, display, maintenance, or
permitting of an alteration of any abandoned sign or supporting structure
regardless of when the sign was abandoned:
1.
Like material.
Only the same, like, or better-quality
material as that being replaced shall be used as a face on or in the
abandoned sign. The face of the supporting structure must be one that
the supporting structure is designed to support.
2.
Routed, embossed, or raised messages or sign copy must not be
visible to the ordinary observer, if the face or message is blanked.
E.
Covered Messages.
1.
Abandoned signs may be painted in order to "blank" the face.
However, the paint must completely cover the sign face or message
portion of the structure. The covered, painted over message must not
show through the paint.
2.
Covered sign faces must be of a material or substance that renders
the resulting sign face completely blank, opaque, and resistant to
deterioration. It is a violation of the Chapter to allow a covered
message to bleed or show through the paint or covering.
F.
No Person shall alter an abandoned sign or supporting structure without
first obtaining a permit to do so from the City Manager.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2020-0225-02 adopted 2/25/20; Ordinance
2020-0728-07 adopted 7/28/20; Ordinance 2024-0206-02 adopted 2/6/2024)
6.13.01
Purpose and Intent.
The purpose of this section
is to regulate outdoor lighting in order to reduce or prevent light
pollution in the City. New lighting technologies have produced lights
that are extremely powerful, and these types of lights may be improperly
installed so that they create problems of excessive glare, light trespass,
and higher energy use. Excessive glare can be annoying and may cause
safety problems. Light trespass reduces everyone's privacy, degrades
the enjoyment of the night sky, and higher energy use results in increased
costs for everyone. Appropriately regulated, and properly installed,
outdoor lighting will contribute to the safety and welfare of the
residents and will help preserve the historic and rural character
of the City in keeping with the desired objectives of the Comprehensive
Plan.
6.13.02
Regulation.
A.
Outdoor lighting shall be designed to provide the minimum lighting
necessary to ensure adequate safety, night vision, and comfort, and
not create or cause excessive glare onto adjacent properties and public
street rights-of-way.
B.
The regulations contained in this section are binding only within
the city limits of Jarrell.
C.
Compliance with the regulations in this section is strongly encouraged
for improvements and developments within the ETJ in order to prevent
light pollution and preserve the rural and historic character of the
City.
6.13.03
Applicability.
A.
All outdoor lighting fixtures installed on private and public property
within the city limits after the adoption of this Code shall be required
to comply with this Code. This Code does not apply to interior lighting.
However, overly bright lighting emitted from a structure will be subject
to this Code if it is determined by the City Manager that it creates
a nuisance, or a safety hazard as defined in the References section
of this Code.
B.
All outdoor lighting fixtures existing and legally installed and
operating before the effective date of this Code shall be exempt from
this Code unless they are determined to create a safety hazard. When
an existing lighting fixture(s) become inoperable, their replacements
are subject to the provisions of this Code.
C.
Modifications to nonconforming lighting fixtures shall also comply
with this Chapter.
D.
Compliance with these requirements shall be administered by the City
Manager or his/her designee.
E.
In the event of a conflict between this section and any other section
of this Code, the more stringent requirements shall apply.
6.13.04
Exemptions.
The following are exempt from the
provisions of this Code:
A.
Publicly maintained traffic-control devices.
B.
Streetlights installed prior to the adoption of this Code.
C.
Temporary emergency lighting (fire, police, repair crews).
D.
Lighting fixtures and illumination requirements imposed by TxDOT
within TxDOT right-of-way.
E.
Moving vehicle lights.
F.
Navigation lights (aircraft warning beacons on water towers and wireless
transmission facilities), notwithstanding the terms as may be set
forth in licensing agreements with the owners/operators of such lights.
G.
Seasonal decorations with lights in place no longer than sixty (60)
days.
H.
Sports field lighting.
I.
Other temporary uses approved by the City Council (festivals, carnivals,
fairs, nighttime construction).
J.
Covered porch lighting on residences provided that each external
light fixture does not exceed one hundred and fifty (150) watts (2220
lumens).
K.
Security lights of any output that are controlled by a motion sensor
switch provided they do not remain illuminated for a duration not
to exceed ten to twelve (10–12) minutes after activation.
6.13.05
Submittals.
Applications for all building permits
other than single-family and duplex residential, or site development
permits, including the installation of outdoor lighting fixtures for
new construction, shall provide proof of compliance with this Code.
The submittal shall contain the following information as part of the
site plan:
A.
Plans indicating the location, type, and height of lighting fixtures
including both building mounted and ground mounted fixtures.
B.
A description of the lighting fixtures, including lamps, poles or
other supports and shielding devices, which may be provided as catalogue
illustrations from the manufacturer.
C.
Photometric data, which may be furnished by the manufacturer, showing
the angle of light emission; and
D.
Additional information as may be required by the Planning and Zoning
Commission in order to determine compliance with this Code.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
