This article is adopted under the authority of Title 7 of the Texas Local Government Code, authorizing regulation of land use, structures, businesses, and related activities.
(Ordinance 2023-1024 adopted 11/14/2023)
These development and permitting regulations have been prepared in general to aid in the orderly development of the City of Mount Enterprise, Texas, and to provide standards which will lead to a safe and desirable environment.
(Ordinance 2023-1024 adopted 11/14/2023)
(a) 
Administration.
The provisions of this section shall be administered by city staff and documents shall be signed by the mayor under the direction of the City Council in accordance with the provisions of law.
(b) 
Required; fee; contents.
No person shall construct or make use of any building or premises as a multi-family dwelling unit without obtaining from the city a building or use permit to do so, for which the applicant shall pay a fee as set forth in the attached appendix.[1] Each permit issued shall require the name of the licensee, description of the property, and the use to be made of same, and shall not be transferable. It shall contain such other information as shall be prescribed by the city authorities.
[1]
Editor's note—See section 3.05.008, Appendix: fees, licenses, and insurance.
(c) 
Fee changes.
Fees may be changed by the City Council in the same manner as any ordinance may be adopted.
(d) 
Utilities, water, electricity, gas.
No utilities, water, electricity, or gas shall be connected to any multi-family dwelling unit in the city unless or until the proper permit has been issued pursuant to this article.
(e) 
Applications for permits.
All applications for building or use permits for multi-family dwelling units shall be accompanied by such information as may be deemed by the city necessary to comprehend whether such permit should be issued, including but not limited to a legible site plan in compliance with the provisions of this article and specifications for the building to be erected and/or used. A site plan must be signed and sealed by a registered surveyor or engineer and meet the following requirements:
(1) 
The site plan shall be submitted on 8 1/2" by 14" white sheet paper for recording;
(2) 
The survey shall be drawn to scale and shall include information which discloses the actual dimensions of the lot upon which the proposed buildings are located or are to be erected, the position of the proposed building(s) upon the lot, intended use, and restrictions, if any;
(3) 
Water provision shall be clearly stated in the site plan;
(4) 
Septic specifications meeting state standards shall be submitted;
(5) 
A tax certificate showing no delinquent taxes must accompany the survey and site plan; and
(6) 
Such other related information as city staff or the mayor shall request to confirm that the plans and specifications comply with the terms of this section, and any other ordinances pertinent thereto shall be submitted upon request.
(f) 
Denial of applications.
In case the plans and specifications submitted do not comply with the terms of the ordinances, it shall be the duty of the mayor to deny the application for the building or use permit.
(g) 
Appeal.
The applicant whose request has been denied may refer the application to the City Council for reconsideration, and the City Council may grant or deny the permit request.
(Ordinance 2023-1024 adopted 11/14/2023)
(a) 
Height regulations:
No building in a multi-family dwelling unit shall exceed 35 feet in height.
(b) 
Area regulations:
(1) 
Minimum setback requirements for multi-family dwelling units:
(A) 
Front: 30 feet.
(B) 
Side interior: 7.5 feet.
(C) 
Side street: 15 feet.
(D) 
Rear: 20 feet.
(E) 
Separation of detached and independent multi-family dwelling units: 20 feet.
(F) 
Adjacent property line for buildings in excess of one story in height when the adjacent lot is a single-family use lot: 60 feet.
(2) 
Minimum size of lot:
(A) 
Two dwelling units on a lot: 6,000 square feet.
(B) 
Three dwelling units on a lot: 7,500 square feet.
(C) 
Four dwelling units on a lot: 9,000 square feet.
(D) 
Each additional dwelling unit on a lot: additional 1,500 square feet.
(3) 
Lot coverage:
In no event shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the multi-family dwelling units. Each calculation shall be free-standing and must conform to the maximum allowed. Accessory buildings, driveways and parking may account for an additional twenty percent (20%).
(c) 
Construction material:
Multi-family dwellings may be constructed of masonry materials (brick, block, or stone), metal, or vinyl siding that has the appearance of wood.
(d) 
Refuse facilities:
Every multi-family dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility consisting of at least four (4) cubic yards of refuse container. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six (6) feet, no more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
(e) 
Parking:
One parking space shall be provided and maintained on the lot for each dwelling unit. Such parking space shall be on the lot and so arranged as to permit satisfactory egress and ingress of an automobile, and such parking area shall be in addition to driveways. It shall be unlawful for the owner, occupant or person in charge of property used for residential purposes to permit the parking, standing or storing of heavy trucks in residential yards and/or lawns, including driveways, for other than actual supervised loading or unloading of goods and/or passengers.
(f) 
Fencing:
Perimeter fencing of wood or masonry construction, not less than six (6) feet high, no more than eight (8) feet high, shall be installed, along the property line on any perimeter not abutting a public street or right-of-way at the time of construction of a multi-family dwelling unit by the builder and maintained throughout the existence of the multi-family dwelling unit by the owner/operator.
(g) 
Definitions:
Dwelling unit.
Any building or portion thereof which is designed for or used primarily for residential occupancy, whether owned or rented.
Lot.
An undivided tract or parcel of land which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract.
Multi-family dwelling unit.
A dwelling unit or lot designed for, marketed for, and/or used for independent residential occupancy by more than one single family, including, but not be limited to:
(1) 
Duplex;
(2) 
Triplex;
(3) 
Fourplex;
(4) 
Two or more apartment units on the same lot;
(5) 
Two or more condominiums on the same lot;
(6) 
Two to four townhomes on the same lot;
(7) 
Two or more mobile homes or manufactured homes on the same lot;
(8) 
Two or more recreational vehicles or travel trailers on the same lot;
(9) 
Two or more dwelling units of any kind on the same lot;
(10) 
Garage apartment, guest house, portable building, travel trailer, or any other dwelling unit on an existing residential lot with a pre-existing dwelling unit.
(Ordinance 2023-1024 adopted 11/14/2023)
It shall be unlawful for an owner or contractor to commence any building construction or use of a multi-family dwelling unit without first obtaining a building or use permit. It shall also be unlawful for such trade contractors to conduct their trade without having first obtained a construction permit in their respective trade and paid such fee, and otherwise complied with the requirements of this article.
(Ordinance 2023-1024 adopted 11/14/2023)
Anyone who violates the provisions of this article shall, upon conviction thereof, be fined in an amount not more than $200.00. Each day in violation shall be a separate rate offense. Any violation of this article will be enforced by available civil, criminal, and/or administrative remedies allowable under state law at the time a violation occurs.
(Ordinance 2023-1024 adopted 11/14/2023)
The requirements in this article are not the exclusive law or regulation controlling development in the City of Mount Enterprise, Texas. Issuance of a permit pursuant to this article does not indicate compliance with regulations or requirements of other ordinances, agencies, or entities.
(Ordinance 2023-1024 adopted 11/14/2023)
(a) 
Fees.
(1) 
The fee for a building construction permit under this article shall be $500.00.
(2) 
The fees for construction permits for residential trade contractors in the city shall be as follows:
(A) 
Electric contractor: $50.00.
(B) 
General contractor: $150.00.
(C) 
Mechanical contractor: $50.00.
(D) 
Plumbing contractor: $50.00.
(E) 
Septic tank contractor: $150.00.
(F) 
Sprinkler (yard/landscape irrigation) contractor: $50.00.
(G) 
Swimming pool contractor: $300.00.
(H) 
Other trade contractors shall be as prescribed by the City Council or its designee.
(b) 
Licenses.
The city requires that all trade contractors hired in relation to the construction of a multi-family dwelling unit be professionally licensed in their respective fields. A current up to date license is required. It shall be the responsibility of the trade contractor to provide proof of professional licensing. A copy of the current up to date license shall be required to be on file with the city before a construction/building permit will be issued.
(c) 
Insurance.
The city requires that all trade contractors hired in relation to the construction of a multi-family dwelling unit shall hold up to date general liability insurance in an amount no less than $100,000.00.
(Ordinance 2023-1024 adopted 11/14/2023)