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(A) This subchapter is hereby amended by the addition of this section as set out in its entirety in the document prepared by HNTB, Dallas, Texas, and attached hereto and incorporated herein and labeled Exhibit A.
(B) This zoning district has its basis in and is intended to serve as implementation criteria for the Lake Ray Hubbard Master Plan, as adopted by the City of Dallas; the interlocal agreement approved by the Lake Cities Coalition and the City of Dallas; and the Comprehensive Plan for the City of Heath. This district is intended to provide a means for the protection of water quality, supply and the preservation of the natural environment, and to enhance the quality of life along the shoreline through regulation of manmade facilities.
(C) The Lake Edge Zoning District includes all property that is located between the City of Dallas Take Line as shown on the boundary map of Lake Ray Hubbard on file at the City of Dallas and the meanders of the contour line 435.5 mean sea level elevation.
(D) Any requested exception with respect to Exhibit A that pertains to architectural controls or standards shall be determined by the Building Official. An appeal of the Building Official's decision may be made to the Board of Adjustment, upon application being made by the applicant within ten days of the Building Official's decision. Any requested exception to the area requirements of Exhibit A, including setbacks, minimum lengths or widths, or other exception, shall be determined by the Planning and Zoning Commission and City Council.
(E) All outdoor lighting shall conform to the requirements as specified in Chapter 98.
(Ord. 061019A, passed 10-19-2006; Ord. passed 8-16-2007; Ord. 090721B, passed 7-21-2009; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)
(A) Purpose.
(1) This district is considered to be the proper zoning classification for three-acre or greater lot developments for single-family estate dwelling use. This district is intended to be composed of single-family dwellings.
(2) Areas that are zoned for this use shall have or provide for water, wastewater, drainage, and access to paved streets based on single-family usage required by the allowed density.
(3) It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
(4) Developers wishing to restrict their subdivision to lot sizes in excess of what this chapter requires shall use restrictive covenants.
(B) Permitted uses.
(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;
(2) One detached single-family dwelling per lot;
(3) Accessory buildings and dwellings. The maximum combined floor area, maximum size for a single building, maximum wall height, and number of accessory buildings per lot/tract permitted shall be based on the lot/tract size. Such regulations shall be based on the following criteria:
Lot Size (acres) | Maximum Number of Accessory Buildings/ Dwellings Allowed per Lot1 |
Maximum Combined Floor Area Allowed (all accessory buildings/ dwellings - sq. ft.)2 | Maximum Size for a Single Accessory Structure (sq. ft.)3 | Maximum Building Height (feet)4 | Setback from Rear Facade of Main Residence (feet)5 |
Minimum Separation from Other Buildings (feet) |
3 to < 4 | 3 | 3,500 | 2,500 | 25 | 30 | 20 |
4 to < 5 | 3 | 4,000 | 3,000 | 25 | 35 | 20 |
5 to < 7.5 | 4 | 4,500 | 3,500 | 30 | 45 | 20 |
7.5 to < 10 | 4 | 5,500 | 4,500 | 30 | 55 | 20 |
10+ | 4 | 6,500 | 5,500 | 30 | 60 | 20 |
1 - Only one detached guesthouse unit shall be permitted per lot. The maximum size may not exceed 2,500 square feet. A guesthouse use shall not be sold or conveyed separately without meeting the requirements of the zoning district and the Subdivision Ordinance. 2 - All existing utility services to be extended to the accessory building(s) shall be metered to the same utility account(s) customer that is currently being utilized for the main residence. 3 - A conditional use permit shall be required for a detached residential garage as defined in § 159.42. 4 - Building height shall be the distance measured from the average elevation of the finished grade along the front of the building to the average height of the highest roof structure. 5 - Measured from the rear building elevation that encloses the climate control residence, which is situated the furthest perpendicular distance away from the street right-of-way that adjoins the front yard of the lot or parcel. | ||||||
(4) Any request for a building permit for an accessory building which does not meet the criteria established in division (B)(3) above shall only be authorized by approval of a conditional use permit using the procedures contained in § 159.43;
(5) A single one-story detached building used as a tool or storage shed, playhouse, or similar use, provided the floor area does not exceed 120 square feet and the height does not exceed ten feet (no building permit required);
(6) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, the sales offices to be maintained at all times;
(7) Temporary on-site construction offices, limited to the period of construction, with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;
(8) Home occupations;
(9) Paved automobile parking areas that are necessary to the uses permitted in this district;
(10) All municipality owned or controlled facilities, utilities, and uses;
(11) Private residential swimming pools as an accessory to a residential use;
(12) Private unlighted residential tennis courts on the same lot as an accessory to a residential use;
(13) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official;
(14) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units; and
(15) Wind energy systems on lots greater than ten acres in size subject to all terms and conditions of § 159.50.
(C) Conditional uses (require use permits, see § 159.43).
(1) Associated recreation and/or community clubs;
(2) Accessory buildings that do not conform to the requirements specified in division (B)(3) above;
(3) Facilities for railroads or those utilities holding a franchise in the city;
(4) Paved parking facilities for nonresidential uses that are not allowed in this district if properly screened, buffered, and landscaped;
(5) A private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;
(6) A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;
(7) Agricultural use;
(8) Wind energy systems that do not conform to requirements listed in division (B)(15) above (see also § 159.50); and
(9) Detached residential garage as defined in § 159.42.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses;
(2) The outside storage of equipment, materials, or vehicles, including abandoned or junked vehicles which are not necessary to the uses permitted in this district;
(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per developable acre as required; and
(4) Day care centers.
(E) Area requirements.
(1) Minimum lot area: three acres (130,680 square feet);
(2) Maximum number of single-family detached dwelling units per lot: one (excludes guest dwelling);
(3) Maximum number of single detached guest units per lot: one; maximum size: 2,500 square feet;
(4) Minimum square footage per main dwelling unit: 2,500 square feet;
(5) Minimum lot width: 180 feet frontage on a public street;
(6) Minimum lot depth: 250 feet;
(7) Minimum depth of front setback: 50 feet;
(8) Minimum depth of rear setback: 25 feet for main building and 60 feet for accessory building or other structure;
(9) Minimum width of side set back:
(a) Internal lot: 25 feet for main residence, 60 feet for an accessory building.
(b) Side yard setback abutting street: 30 feet for main residence, 60 feet for an accessory building.
(10) Minimum length of driveway pavement: from public right-of-way to the building line or 50 feet, whichever is greater;
(11) Maximum building coverage for entire lot as a percentage of lot area: 25%;
(12) Maximum height of structures: 35 feet from the average elevation of the finished grade along the front of the building to the average height of the highest roof structure; and
(13) Minimum number of paved off-street parking spaces required for:
(a) One single-family dwelling unit: two (an enclosed garage shall not be considered in meeting the off-street parking requirements); and
(Ord. 190212A, passed 2-12-2019)
GENERAL PROVISIONS
(A) Purpose. The purpose of the site plan is to ensure compliance with the Zoning Ordinance and to assist in the orderly and harmonious development of the city, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions, or alteration thereto without proper attention to site planning. The purpose of the site plan review is:
(1) To ensure compliance with the Zoning Ordinance, while allowing for design flexibility;
(2) To assist in the orderly and harmonious development of the city;
(3) To protect adjacent uses from obstructions to light, air, and visibility;
(4) To provide protection from fire;
(5) To avoid undue concentrations of population and overcrowding of land; and
(6) To facilitate the adequate provision of transportation, water, sewage, drainage, and other public requirements.
(B) When required. If, in the determination of the Planning and Zoning Commission or City Council, a site plan is deemed necessary in order to elevate a proposed use, or as required under any other provision of this section, such site plan shall be submitted in the form and number as required by the Planning and Zoning Commission. An outdoor lighting plan may also be deemed necessary in order to elevate a proposed use. Such outdoor lighting plan shall comply with the requirements as specified in Chapter 98.
(C) Contents. The site plan shall contain drawings to scale to indicate as needed:
(1) The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within 100 feet;
(2) Landscaping lighting, and/or fencing, and/or screening of yards and setback areas;
(3) Design of ingress and egress;
(4) Off-street parking and loading facilities;
(5) Location of fire lanes;
(6) Location of solid waste collection facilities;
(7) Height of all structures;
(8) Proposed uses;
(9) The location and types of all signs, including lighting and heights;
(10) Elevation drawings citing proposed exterior finish materials;
(11) Street names on proposed streets; and
(12) Additional information and detail as the Zoning Administrator deems necessary.
(D) Approval. The City Council, after review and recommendation by the Architectural Review Board and the Planning and Zoning Commission, may approve a site plan if the proposed development meets all the minimum standards established in this subchapter and other applicable ordinances, and if the Council finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. It shall disapprove or conditionally approve any application that fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the city.
(E) Submission to Architectural Review Board and Planning and Zoning Commission for review. The site plan shall be submitted to the City Secretary two weeks prior to the regularly scheduled Architectural Review Board, and then the Planning and Zoning Commission for review. The Building Official or his designee shall review these plans as quickly as possible, but in no case shall he or she delay submission beyond one Architectural Review Board and Planning and Zoning Commission meeting. The Architectural Review Board shall recommend to the Planning and Zoning Commission that the site plan be approved, disapproved, or approved with modifications, including the imposition of conditions by making findings in accordance with the standards contained in this chapter and such additional standards as may be adopted and published from time to time. The Planning and Zoning Commission may remand the site plan back to the Architectural Review Board or make its recommendation to the City Council that the site plan be approved, disapproved, or approved with modifications, including the imposition of conditions by making findings in accordance with the standards contained in this chapter and the Comprehensive Plan. The Architectural Review Board and Planning and Zoning Commission shall then submit a formal report containing its recommendations to the City Council.
(2005 Code, § 12-3-1) (Ord. 181127B, 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)
(A) In interpreting and applying the provisions of this section, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.
(B) It is not intended by this section to interfere with or abrogate or annul any easements, covenants or other agreements between parties, or any statute, local ordinance or regulations, except that if this ordinance imposes a greater restriction, or higher standard, this section shall control.
(2005 Code, Art. 12-13)
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