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(A) The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(B) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
(C) No part of a yard or other space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use.
(D) Every building hereafter erected or altered shall be located on a lot as herein defined.
(E) An accessory building/structure must be incidental to the main building and must comply with all use regulations applicable to the main building except as stated herein.
(1) An accessory building/structure may not be used for commercial purposes except as permitted per the use district and within the definition of home occupation.
(2) An accessory building/structure may not be rented separately from the residence.
(3) A detached accessory building/structure may not be used for living quarters which is comprised of rooms and/or areas that are normally associated with residential accommodations, for example, kitchens, kitchenettes, dining rooms, sleeping rooms, living areas, bathrooms and the like, except for guest houses and servants quarters where permitted or granted by conditional use permit.
(4) Accessory building/structures shall not be located in any front yard.
(5) No accessory building/structure shall be constructed upon a lot until the construction on the principal building has commenced with the permanent foundation and framing in place.
(6) No accessory building/structure shall be put in use unless the principal building is completed and occupied.
(7) With respect to accessory buildings/structures as defined in § 159.42, the Building Official or a representative designated by him or her must also determine, based upon the following criteria, if the structure is an attached accessory building/structure to the main building:
(a) That the required roof extension is a structural member of the roof of the main building;
(b) That the roof extension does not exceed 24 feet in length, excluding overhangs, and the ridgeline of the roof extension is not higher than the roof over the main building;
(c) That the attached accessory use building/structure is no larger than 900 square feet and is built of like material and design in generally the same proportions (exclusive of glass) as the main building; and
(d) Does not contain attributes such as plumbing for a kitchen or bathroom, which may cause the Building Official or his or her designated representative to determine that such accessory building/structure should not be allowed without the applicant obtaining a conditional use permit.
(8) If the Building Official or his or her designated representative determines that an accessory building/structure is not an attached, integral part of the main building under the foregoing criteria, and that otherwise the accessory building/structure is not allowed under the provisions herein relating to stand alone, detached accessory buildings/structures without a conditional use permit, then the Building Official or his or her designated representative shall advise the applicant that he or she must obtain a conditional use permit for applicant's proposed accessory building/structure. Each accessory building/structure used for non-residential or multi-family residential purpose shall be considered a principal building/structure. The regulations detailed in this section shall govern the location of swimming pools and spas accessory to non-residential and multi-family residential uses.
(9) Distance between single-family and non-residential/multi-family residential swimming pools and spas. When property occupied by non-residential and/or multi-family residential uses abuts a single-family district, swimming pool and spa accessories to the non-residential and multi-family residential uses shall be located no closer than 50 feet to the single-family district, as measured from the outside of the pool liner.
(F) When calculating lot area in all use districts or districts, such area shall not include:
(1) Land that is in the regulatory floodplain;
(2) Rivers, lakes, and streams; and/or
(3) Rights-of-way.
(2005 Code, § 12-1-3) (Ord. 960502, passed - -; Ord. 000615, passed - -; Ord. 181211B, passed 12-11-2018)
(A) All territory hereinafter annexed to the City of Heath shall assume an interim classification of (A) Agricultural District, pending determination of the property’s initial permanent zoning in accordance with the provisions of state law and this chapter unless application for permanent zoning is submitted by the property owner at the time of annexation. The City Planning and Zoning Commission shall, as soon as practical after annexation of any territory to the city, institute proceedings on its own motion, to give the newly annexed territory a permanent zoning, following the same procedures as is provided by law for the adoption of original zoning procedures. The interim zoning prior to the permanent zoning shall not be considered a rezoning for legal purposes. The procedure for establishing initial zoning other than on annexed territory shall conform to the procedure established by law for the adoption of normal zoning classifications and regulations.
(B) In an area classified (A), no person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert or extend of demolish any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit therefor from the building official as may be required in applicable city ordinances.
(2005 Code, § 12-1-4)
The purpose of the use districts described herein is to group together into districts those uses that are reasonably compatible with one another according to their normal characteristics of operation:
(A) To permit, in connection with these uses, those customary and necessary accessory activities which are incidental to the principal use;
(B) To permit certain other uses which may be established in some situations and subject to specific conditions so that the special uses will also be compatible with the uses allowed as a matter of right;
(C) To promote orderly, timely, economic growth and to recognize current land-use conditions;
(D) To provide sufficient space in appropriate locations for development to meet the present and future growth needs of the city, with allowance for adversity of sites;
(E) To protect use areas, as far as possible, against heavy and unnecessary through traffic;
(F) To protect use areas against pollution, environmental hazards, and other objectionable influences;
(G) To protect use areas against congestion, as far as possible, by managing the density of population in and around them; by providing for proper off-street parking spaces; and by providing open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment;
(H) To provide for privacy and access of light and air to windows and to all devices that are powered or healed by the sun, as far as possible, through controls over the spacing and height of buildings and other structures;
(I) To promote the most appropriate use of land and direction of building development which is not in conflict with the Comprehensive Plan or the adopted policies of the city; to promote stability of development; to protect the character of the districts; to conserve the value of land and buildings; and to protect the city's tax base;
(J) To promote the most efficient use of city facilities and services;
(K) To protect against fire and explosions and other safety hazards, and to provide for fire protection and access by fire equipment and vehicles;
(L) To accommodate use activities and operations whose external physical effects are restricted to the area of the district, and in no manner affect in a detrimental way any of the surroundings districts; and
(M) To preserve and protect the favorable and unique quality of life enjoyed by the citizens of the city.
(2005 Code, § 12-1-5) (Ord. 181211B, passed 12-11-2018)
(A) In accordance with the Comprehensive Plan, land that is classified within any floodplain, including the 100-year floodplain with fully developed conditions for the entire watershed, shall not be reclaimed nor included as lot area.
(B) The protected floodplain or 100-year floodplain with fully developed conditions for the entire watershed is defined as the area that is certified by a professional engineer to be within the 100-year floodplain, assuming build-out or fully developed conditions for the entire area within the relevant watershed.
(C) No excavation, filling, grading, or any other type of altering the protected floodplain elevation shall occur until, and unless, the excavation, filling, grading, or alteration has been approved by the Council, who may ascertain, based upon a recommendation from the City's Engineer, that such alteration is not subject to flood damage and would not constitute an encroachment, hazard, or obstacle to the movement of flood waters and that the value and safety of other property, or the public health and welfare would not be endangered.
(2005 Code, § 12-1-6) (Ord. 040617B, passed 7-1-2004; Ord. 181211B, passed 12-11-2018)
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MASONRY MATERIALS. Full thickness kiln fired brick, stone, granite, marble, concrete tilt wall, concrete block, stone, glass block unit, or other masonry material of equal characteristics as determined by the Building Official or his or her designee shall be allowed on exterior walls in accordance with this section. Stucco and plaster shall only be considered as an auxiliary material when applied using a three-step process over diamond metal lath mesh to a minimum of seven-eighths of an inch thickness or by other process producing comparable cement stucco finish with equal or greater strength and durability specifications and shall constitute no more than 20% of the total net exterior area of each wall plane exclusive of all windows, doors, or roofs. Concrete tilt wall shall have a natural stone, brick, or equivalent veneer. No form liners shall be permitted. Synthetic products (exterior insulation and finish systems (EFIS), cementitious fiberboard, or other materials of similar characteristics) shall not be considered a MASONRY MATERIAL. Exterior insulation and finish systems (EFIS) and natural wood, shall not be permitted within a non-residential zoning district unless approved by the City Council.
VENEER MATERIALS. A single external layer of non-structural masonry material as described above, and shall be installed in a manner compliant with the most current Residential and Non-Residential Building Code adopted by the city.
(B) Exterior masonry construction requirements.
(1) Buildings requiring a building permit in Residential Zoning Districts shall be required to have exterior walls constructed using a masonry material covering at least 80% of each wall, exclusive of all windows, doors, or roofs.
(2) Buildings requiring a building permit in Local Retail Districts shall be required to have exterior walls constructed using a masonry material covering at least 80% of the total net exterior area of each wall, exclusive of all windows, doors, or roofs.
(3) Buildings requiring a building permit in Planned Development Districts shall be required to comply with the masonry standards applicable to the most restrictive district in which the use is permitted.
(4) Buildings requiring a building permit in Mixed-Use Zoning Districts shall be required to comply with the masonry standards applicable to the most restrictive district in which the use is permitted.
(5) Buildings requiring a building permit that lie within the Towne Center Overlay District are exempt from this section provided site plans are approved by the Architectural Review Board, Planning and Zoning Commission, and City Council as required by § 160.01.
(C) Special exceptions for new construction.
(1) Exceptions to the residential masonry requirements, including an exception for buildings for farm animals, may be permitted on a case-by-case basis by the City Council upon a review and recommendation of approval from the Planning and Zoning Commission, submission and approval of elevation drawings of the subject structure, and material samples and after a public hearing is held. Before the tenth day prior to the public hearing, the city shall send notice via regular mail to all property owners, as indicated by the most recent tax appraisal roll, within 200 feet of the property on which the exception is requested.
(2) Barns used for agricultural or farm animal purposes on sites of ten acres or more are excluded from this masonry requirement.
(3) The City Council may consider any of the following criteria for establishing reasonable grounds for a special exception:
(a) Promotion of public safety through establishment of high-quality construction standards;
(b) Encouragement of high-quality development resulting in longevity, durability, and sustainability that ultimately strengthens the local tax base;
(c) Encouragement of visually appealing construction consistent with a community of excellence and livability as specified in the Comprehensive Plan; and
(d) Any other factors that the City Council deems pertinent and appropriate to determine the merits of an application for special exception under this section.
(D) Exemptions for non-conforming structures. Any non-conforming building existing as of March 15, 2011 is exempt from this section subject to the following provisions.
(1) The exterior walls of such non-conforming buildings may not be modified, altered, or enlarged in a way, which increases its nonconformity unless the modification, alteration, or enlargement is in conformity with the provisions of this section.
(2) Should a non-conforming building be moved for any reason or for any distance it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(3) The Board of Adjustment may authorize a special exception from divisions (D)(1) and (2) above so long as the exception is consistent with the provisions of § 159.49, Nonconforming Uses.
(E) Non-conforming structures destroyed by natural occurrence, disaster, or accident.
(1) A non-conforming building destroyed by natural occurrence, disaster, or accident, to an extent of more than 50% of its replacement cost at the time of destruction as determined by the Building Official or his or her designee, shall be reconstructed in conformity with the provisions of this section.
(2) The Board of Adjustment, pursuant to Tex. Local Gov't. Code, § 211.009, upon application duly filed by the applicant and deemed administratively complete by staff, may grant a special exception from the requirement of division (E)(1) provided that a property owner demonstrates a hardship in complying with the above requirement.
(F) Application fee required. At the time the special exception application is filed, the applicant shall pay a fee as determined by the fee schedule.
(Ord. 110315A, passed 3-15-2011; Ord. 160913-B, passed 9-13-2016; Ord. 181127A, passed 11-27-2018)
USE DISTRICTS
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