GENERAL PROVISIONS

§ 159.40 SITE PLAN APPROVALS.

   (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)

§ 159.41 INTERPRETATION, PURPOSE AND CONFLICT.

   (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)

§ 159.42 DEFINITIONS.

    For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "structure" includes the word "building;" the word "shall" or the word "must" is mandatory; the term "used for" includes the meaning "designed for" or "intended for;" the word "lot" includes the word "plot."

   ACCESSORY BUILDING or USE. A subordinate building/structure having a use customarily incident to and located on the same lot occupied by a main building; or a use customarily incident to the main use of the property. A building/structure housing an ACCESSORY USE is considered an attached, integral part of the main building when it has been designed to be structurally a part of and has any significant part of a wall in common with the main building or is under an extension of the roof and designed as an integral part of the main building as determined by the city’s Building Official or his or her designated representative. All other accessory buildings/structures not meeting the criteria set forth above will be considered to be detached. Detached ACCESSORY BUILDINGS or USES shall be constructed with similar architectural building features as constructed on the main residence, which shall include, but not be limited to, the following design elements:

      (1)   Roof pitch, roofing materials, and roof color;

      (2)   Exterior wall materials, textures, and color, in the same proportion as used on the exterior of the main residence;

      (3)   Door and window design and construction with similar hardware, color, and surface finish; and

      (4)   All detached buildings or uses shall be located in the rear yard area of a the lot behind the rear building elevation, which encloses the climate control residence, and which is situated the furthest perpendicular distance away from the street right-of-way that adjoins the front yard of the lot or parcel.

   ADOPTED POLICIES. A written administrative directive discussed at a public meeting and officially adopted by a majority vote of the City Council.

   AGRICULTURAL USE. The planting, cultivating, harvesting and storage of grains, hay or plants, or vineyards, commonly grown in Rockwall County.

   ALLEY. A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street; it is also public space or way, 20 feet or less in width, which has been dedicated or deeded for public use.

   ALTERATION. Any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building, or change or modification in construction or occupancy.

   APARTMENT. A room or suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit and who do their cooking therein. (See DWELLING UNIT.)

   APARTMENT HOTEL. An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

   APARTMENT HOUSE or BUILDING. A building arranged, intended or designed for more than two families (See DWELLING UNIT, MULTIPLE.)

   ASSOCIATED RECREATION. Recreational uses which are an integral part of a common ownership or associated with high-density residential development (example: Homeowners Association with a private club, swimming pool and tennis courts).

   AUTHORIZED AGENT. An architect, builder, developer or other person empowered to act on behalf of other persons.

   BAR, COCKTAIL LOUNGE, TAVERN, SALOON, CANTINA. An establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant as defined in this section.

   BASEMENT or CELLAR. A store having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a store for the purposes of height measurement.

   BLOCK. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Official shall determine the outline of the block.

   BOARD. The Board of Adjustment of the city.

   BOARDING HOUSE or LODGING HOUSE. A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

   BUFFER.

      (1)   A visual screen constructed of wood, concrete block, masonry or landscape material including earthen berms in such a manner that adjacent property will be screened from the use contemplated, so noise, solid waste or other objectionable influences will be avoided.

      (2)   The BUFFER shall be horizontal, opaque and a minimum of six feet in height.

   BUILDABLE AREA. Of the lot, the maximum amount of allowable space upon which a structure or building may be erected, after meeting the coverage, yard and other requirements of this chapter.

   BUILDING. Any structure built for the support and shelter of persons, animals, possessions or movable property of any kind. When subdivided in a manner sufficient to impede the spread of fire, each portion so subdivided may be deemed a separate BUILDING.

   BUILDING AREA. The building area of the lot is the gross area covered by the structures when placed on the lot.

   BUILDING COVERAGE. Percentage of the lot that is occupied by the building area. Parking structures shall not be included in the calculations for coverage requirements.

   BUILDING HEIGHT. The height of the building shall be the vertical 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.

   BUILDING OFFICIAL. The duly authorized employee or representative of the city charged with implementation, inspection and enforcement of the building codes.

   BUILDING, PRINCIPAL. A principal building is one in which a main use of the lot on which it is located is conducted.

   BUILDING SETBACK LINE.

      (1)   A line defining an area on the building lot between the street right-of-way and all other property lines and the building line within which no building or structure shall be constructed, encroach or project except:

         (a)   Sidewalks;

         (b)   All fences that meet the City of Heath Fence Ordinance;

         (c)   Driveways;

         (d)   Retaining walls;

         (e)   Fountains and other landscaping elements;

         (f)   Light poles if fed from underground utilities;

         (g)   Flag poles;

         (h)   Mail boxes; and

         (i)   All signs that meet City of Heath Sign Ordinance regulations.

      (2)   In the LR districts, underground parking garages shall not be required to meet side or rear setback requirements, but may be constructed from lot line to lot line.

      FRONT BUILDING SETBACK LINE. A parallel to the street right-of-way line, which the building faces and takes its primary access from.

      REAR BUILDING SETBACK LINE. A line parallel to an adjacent lot, alley or street in the case of double frontage lots, which the building backs up to and has its rear or secondary access from.

      SIDE BUILDING SETBACK LINE. A line parallel to an adjacent lot or street right-of-way on a corner lot, which the building sides up to.

   CARPORT. A structure which is at least 95% open on a minimum of three sides designed or used to shelter vehicles. A CARPORT shall be an integral part of the main building. A CARPORT will be considered an integral part of the main building when it has been designed to be structurally a part of and has any significant part of a wall in common with the main building or is under an extension of the roof and designed as an integral part of the main building as determined by the city’s Building Official or his or her representative. A CARPORT shall shelter not more than three vehicles and shall not exceed 24 feet on its longest dimension. A conditional use permit is required for detached carports, both permanent or portable. All parts of a CARPORT shall meet the setback requirements of this regulation.

   CERTIFICATE OF OCCUPANCY. A certificate issued by the City Secretary or his or her authorized representative stating that the proposed use of the land and/or building conforms to the requirements of this chapter.

   CITY. The City of Heath, Texas.

   CLINIC. An institution, public or private, or a station for the examination and treatment of outpatients by a group of doctors, dentists, opticians, ophthalmologists, orthopedists or other similar professional physicians.

   CLUSTER DEVELOPMENT. A method of development of land that uses variation in lot sizes without an increase in overall density of population or development.

   COLD STORAGE PLANT. A commercial establishment where foods are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or other commercial businesses. There is no slaughtering of animals on the premises.

   COMMERCIAL AMUSEMENT. Any enterprise whose main purpose is to provide the general public with a variety of amusing or entertaining activities, where tickets are sold or fees collected at the gates of the various rides, contests, games exhibits or other similar activities within the confines of the area or structure by such activities. COMMERCIAL AMUSEMENTS include zoos, exhibitions, expositions, athletic contests, rodeos, tent shows, ferris wheels, children’s rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, video arcades and similar enterprises but does not include theaters and auditoriums.

   COMMISSION. The Planning and Zoning Commission of the City of Heath, Texas.

   COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Heath and includes any unit or part of such unit separately adopted and any amendment to such plan or parts thereof.

   CONDITIONAL USE. A use which may be suitable in certain locations in a zoning district if developed and operated under specific conditions and/or for a limited period of time.

   CONDITIONAL USE PERMIT. A non-transferable permit issued by the governing body, allowing a specified conditional use in a district at a specific location and under certain conditions and/or for a limited period of time.

   CONDOMINIUM. A multi-family dwelling unit within which designated dwelling units are conveyed fee simple title, with an undivided interest in the building’s common elements, to include, but not be limited to, halls, stairs, elevators, roof, parking space and the land when the building is not constructed on leased land.

   COURT. An open unoccupied space, other than a yard, on the same lot with a building and which is bounded on two or more sides by the building.

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front, or in the case of a corner lot, along the abutting street where the mean curb level is the highest. Where no curb has been established, the city engineer shall establish such curb or its equivalent for the purpose of this chapter.

   DAY CARE CENTER and DAY NURSERY. A place for the care of children. Services usually include a staff nurse and a hot meal is normally served.

   DENSITY. The ratio of dwelling units per gross acre of platted area being developed.

   DISTRICT or USE DISTRICT. A zone or geographic area within the municipality within which certain zoning or development regulations apply.

   DRIVE-IN EATING ESTABLISHMENT. Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises or taken away for consumption in the home of other places.

   DWELLING UNIT.

      (1)   Any building or portion thereof which is designed for or used primarily for residential occupancy, but not including hotels, boarding houses or mobile homes, trailers, motor coaches or other recreational vehicles.

      (2)   The determination of whether one family is living independently of another is based on one or more of the following criteria:

         (a)   Separate sanitary facilities;

         (b)   Separate kitchen facilities;

         (c)   Separate entrances; and/or

         (d)   Separate utilities.

      DUPLEX. A building designed and/or occupied exclusively by two families living independently of each other.

      MULTIPLE. A building designed for and/or occupied exclusively by three or more families living independently of each other.

      SINGLE-FAMILY. A building designed for and/or occupied exclusively by one family as a separate dwelling unit.

   FAMILY. One or more persons who are related by blood, adoption or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit, cost-sharing basis.

   FILLING, RETAIL SERVICE STATION. An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied or dispensed to the vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are recharged and cared for, or a place where any two or more such activities are carried on or conducted as the principal use of the establishment. (The storage, sale, lease or rental of more than one boat or mobile home, or more than five hauling trailers is prohibited.)

   FLOODPLAIN. Also referenced as the 100-year FLOODPLAIN with fully developed conditions for the entire watershed. 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.

   FLOOR AREA RATIO. The relationship of the gross floor area of all buildings on a lot to the total lot area, as defined herein. Parking structures shall be excluded in the calculation of the FLOOR AREA RATIO.

   FRONTAGE. All the property abutting on one side of a street between two intersecting streets, measured along the street line.

   GARAGE APARTMENT. A dwelling unit attached to a private garage.

   GARAGE, COMMUNITY. A building or portion thereof, other than a public, private or storage garage as defined below, providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block of portion of a block.

   GARAGE, COMMERCIAL. A commercial garage is any premises and structures used for housing more than three motor driven vehicles or where any vehicles are kept for renumeration, hire or sale and where a retail service station may be maintained as a secondary use.

   GARAGE, DETACHED OR PRIVATE. A building detached from the main residence, that is accessory to the main residence and designed for the parking and storage of motor vehicles registered to the occupants of the main residence, with no facilities for mechanical service or repair of a commercial or public nature, and which contains a maximum of four residential grade, overhead garage doors, with a maximum garage door width not to exceed 16 feet, with no more than two garage doors having a width in excess of 12 feet, and with no more than two garage doors having a width in excess of 16 feet. DETACHED RESIDENTIAL GARAGES shall be constructed with similar architectural building features as constructed on the main residence, which shall include, but not be limited to, the following design elements:

      (1)   Roof pitch, roofing materials, and roof color;

      (2)   Exterior wall materials, textures, and color, in the same proportion as used on the exterior of the main residence;

      (3)   Door and window design and construction with similar hardware, color, and surface finish; and

      (4)   All detached ACCESSORY BUILDINGS or USES shall be located in the rear yard area of the lot behind the rear building elevation which encloses the climate control residence, and which is situated the furthest perpendicular distance away from the street right-of-way that adjoins the front yard of the lot or parcel.

   GARAGE, PUBLIC. A building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

   GARAGE, STORAGE. A building or portion thereof, except those defined as a private, a public, or a community garage providing storage for more than four motor vehicles, with facilities for washing but no other services.

   GROUP HOUSING PROJECT. A dwelling project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated street or streets, or lot layouts make it impractical to apply the requirements of this chapter to the individual building units in such housing project.

   GUEST HOUSE. An accessory building designed for the temporary occupancy of guests of the primary dwelling. The GUEST HOUSE may contain a kitchen, living/dining area, sleeping room and a bath. There will be no remuneration for the use of the house and it will not be rented or otherwise used as a separate domicile.

   HEIGHT OF YARD OR COURT. The vertical distance from the lowest level of the yard or court to the highest point of any boundary wall.

   HOME OCCUPATIONS. A commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without offering any commodity or service for sale on premises, without the installations of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, without the use of a sign to advertise the occupations, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic.

   HOSPITAL, SANITARIUM, NURSING OR CONVALESCENT HOMES. A building or any portion thereof, used or designed for the housing or treatment of the sick, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by those persons.

   HOTEL. A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms, and no provisions for cooking in individual rooms.

   IMPERVIOUS COVER. Roads, parking areas, buildings and other impermeable construction covering the natural land surface that prevent absorption of the water. Water quality basins, swales and other conveyances for overland drainage shall not be calculated as IMPERVIOUS COVER.

   INSTITUTIONAL USE. A nonprofit organization or building, public or private, for the benefit of the public including YMCA, YWCA, Boys Clubs, Scouts; educational facilities and schools, including day care centers and kindergartens; churches, temples, cemeteries, mausoleums or crematories for the deposit of the human dead; hospitals, civic clubs, private parks, private libraries, museums and the like.

   KINDERGARTEN. A school for more than five children of preschool age, in which constructive endeavors, object lessors or educational games are prominent features of the curriculum.

   LANDSCAPING. Trees, shrubs, ground cover, earthen berms, vines or grass for the purpose of fulfilling the requirements of this chapter.

   LEGISLATIVE or GOVERNING BODY. The City Council of the City of Heath, Texas.

   LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

   LOT. An undivided tract or parcel of land that meets LOT AREA requirements in the applicable use district having a frontage on a public street, or upon an approved open space, having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct separate tract, and which is identified by a tract, lot number, or symbol in a duly approved subdivision plat which has been properly filed of record.

   LOT AREA. Area limited to land not located in any floodplain; land that does not constitute rivers, lakes, and streams; and/or land that is not located in any rights-of-way, including alley easements. Includes internal sidewalks, recreation areas, building coverage, parking area, and open space and utility easements.

   LOT, CORNER. A lot abutting upon two or more streets at their intersection. A CORNER LOT shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Official, or as specified on an approved plat.

   LOT DEPTH. The length of a line connecting the midpoints of the front and rear lot lines.

   LOT DOUBLE FRONTAGE OR THROUGH LOT. A lot abutting on two non-intersecting public streets as distinguished from a corner lot.

   LOT, FRONTAGE. The length of street frontage between property lines.

   LOT, INTERIOR. A lot whose side lot lines do not abut upon any street.

   LOT, IRREGULAR. Any lot not having equal front and rear lot lines, or equal side lot lines, a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than 90 degrees. A lot fronting on a sharp curve or a cul-de-sac.

   LOT LINES. The lines bounding a lot as defined herein.

      FRONT LOT LINE. The property line between the front yard and the contiguous street right-of-way boundary.

      REAR LOT LINE. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Inspector shall determine the rear line.

      REVERSE CORNER LOT. The corner lot whose front line faces at right angles to the front lot lines of the interior lots or whose rear lot line abuts the side lot lines of the interior lots.

      SIDE LOT LINE. The property line between two adjacent lots or between the side yard and the contiguous street right-of-way boundary on corner lots.

   LOT WIDTH. The horizontal distance between side property lines, measured at the front setback line.

   LOT OF RECORD. A parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the County Clerk of Rockwall County; or a parcel of land not a part of an urban or town lot subdivision, the deed of which has been recorded in the office of the County Clerk of Rockwall County prior to the adoption date of this chapter, which has not been divided since recording.

   LOTS IN SEPARATE OWNERSHIP AT THE TIME OF THE PASSAGE OF THIS SUBCHAPTER. A lot whose boundary lines, along their entire length touched lands under other ownership as shown by plat or deed recorded in the office of the County Clerk of Rockwall County on or before the date of the adoption of this chapter.

   MASONRY. May include full thickness kiln fired brick, stone, granite, marble, concrete block, concrete tilt wall, glass block units, and other materials of equivalent characteristics. Stucco and plaster shall not be considered as masonry material in determining masonry requirements for any district classifications.

   MANEUVERING SPACE. The space entirely on private property required for maneuvering vehicles in such a manner as to preclude the backing of any vehicle into any street right-of-way.

   MINIWAREHOUSES. Small individual storage units for rent or lease, restricted to the storage of items that are not for sale on the premises.

   MOBILE HOME. A movable or portable dwelling which is constructed on a chassis, and which is designed to be towed over Texas roads and highways under special permit, designed for year-round occupancy, designed primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units that can be telescoped when transported and expanded later for additional capacity, or of two or more units, separately transportable, but designed to be joined together into one integral unit. The following shall not be included in this definition:

      (1)   Travel trailers, pickup coaches, motor homes, camping trailers or other recreational vehicles; and

      (2)   Manufactured modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding and electrical plumbing, and heating systems which comply with heath ordinances and codes.

   MODULAR HOMES. Any permanent, single-family dwelling unit which has been prefabricated or factory constructed as a single unit or in sections or modules, and assembled at the factory or construction site and moved to a permanent location as a unit or in sections or modules, as a permanent single-family dwelling unit placed on a permanent foundation at such site and connected with all required utility services.

   MOTEL. A building or a group of two or more detached, semi-detached or attached buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers; including groups designated as auto cabins, motor courts, motels and similar designations.

   MUNICIPAL USES. Facilities owned or controlled by the City of Heath including but not limited to: office buildings, maintenance shops, treatment plants, community centers.

   NIGHTCLUB, DISCOTHEQUE, DISCO or DANCE HALL. An establishment whose primary activity is the provision of facilities for dancing, including a dance floor and live entertainment or amplified music. The establishment may or may not provide on-premises consumption of alcoholic beverages. Schools of dance are exempted from this definition.

   NONCONFORMING USE, BUILDING or YARD. A lot, use, building, structure, or yard, which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming lot, use, building, structure, or yard if established prior to the passage of this chapter and/or this section.

   PARKING AREA. Space used exclusively for the parking of vehicles, and where no other business is conducted, paved to city specifications.

   PARKING SPACE. An area, not closer than six feet from the back edge of the curb, the width and length of which shall exceed by a minimum of two feet the dimensions of the type of vehicle normally to be parked in the space, and connected to a street or alley by a driveway affording satisfactory ingress and egress. The minimum dimension of a PARKING SPACE shall be in accordance with the adopted ordinances of the City of Heath regarding off-street parking. An enclosed garage meeting, the required dimensions shall not be utilized in meeting off-street parking requirements.

   PATIO HOME. A single-family, detached, residential dwelling unit that is most often a one-store L-shaped or U-shaped home utilizing the entire lot with an enclosed garden court for open space area. Fire retardant walls are utilized and additional open space is often provided by clustering the units.

   PAVING. Material which provides an all-weather surface for the parking of vehicles. All required paving shall meet the standards specified by applicable city specifications.

   PERMITTED USE. A use specifically allowed in one or more of the various districts without the necessity of obtaining a use permit.

   PERSON. Any individual, association, firm, corporation, governmental agency or political subdivision.

   PERSONAL SERVICE SHOP. An establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, saddle and shine shop.

   PLACE. An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

   PLANNED DEVELOPMENT (PD). This type of district is not permitted in Heath, Texas. Individual specific zoning provides any needed classification and provides the City of Heath better control over the planning of the city and thereby more adequately achieves the goals of the city.

   PLANNED SHOPPING CENTER. A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as one operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

   PLANNING CONSULTANT. A private practitioner in planning, as planning is defined by the American Planning Association.

   PLAT. A map of a subdivision or site plan that represents a tract of land, showing the boundaries and location of individual properties and streets.

   PORTABLE BUILDING. A temporary building that does not have a foundation and is transportable.

   PROHIBITED USE. A use not specifically allowed as permitted use or conditional use in one or more of the various districts.

   PROTECTED FLOODPLAIN. Also referenced as the 100-year floodplain with fully developed conditions for the entire watershed. 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.

   RECREATIONAL VEHICLE or TRAVEL TRAILER. A vehicular, portable structure built in a chassis, designed to be used as a temporary dwelling for travel trailer by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding state maximums.

   RESTAURANT or CAFÉ. A building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of the kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered.

   RETAIL. The sale of goods directly to a consumer. Engaged in, pertaining to, or relating to the sale of merchandise at retail. To sell by individual items or by the piece, directly to a consumer.

   RETAIL STORE. A retail establishment including small shops, small shopping centers, restaurants, and cafes.

   RETAIL FOOD STORE. A retail establishment selling meats, fruits, vegetables, bakery products, light hardware and other similar items which are purchased for use and consumption off the premises (may be drive-in or supermarket type).

   RIGHT-OF-WAY. The surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement in which the city or any other governmental entity has any interest (including any street, as defined, which is acquired by eminent domain) and shall include other easements or RIGHTS-OF-WAY now or hereafter held by the city or any governmental entity (including any easements or RIGHTS-OF-WAY acquired by eminent domain).

   RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and the public right-of-way.

   SEMI-PUBLIC USES. Public facilities including sanitary landfills, water treatment and supply facilities, and wastewater treatment facilities, but not including facilities owned or controlled by the city.

   SERVANT’S QUARTERS. An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

   SETBACK. See BUILDING SETBACK LINE.

   SIGN. A name, identification, image, description, display or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event attraction, person institution, organization or business which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not SIGNS.

   SITE. A combination of continuous lots, that may or may not be owned separately, that will be developed under one unified plan, as if it were a single parcel of land.

   SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that reasonably may be required in order than an informed decision can be made by the approving authority.

   SPACE. A plot of ground within a mobile home or recreational vehicle park designated for the accommodation of one mobile home or one recreational vehicle, together with such open space as required by this chapter.

   STORAGE. The accumulation, stocking or depositing of materials or items. These may include materials for the eventual use of sale in a commercial enterprise; but does not include the storing of a single car or truck on an individual residential lot.

   STORAGE BUILDING. Any building either portable or constructed on site, utilized for storage purposes, and not requiring plumbing and electrical wiring, and not used for residential purposes.

   STORY. That part of a building included between the surface of one floor and the surface of the floor next above, or, if there be no floor above, that part of the building which is above the surface of a floor and the ceiling next above. A top story attic is a half-story, when the main line of the eaves is not above the middle of the interior height of such story. The first story is full story when over 50% of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting entrance of day light and outside air.

   STREET. A public or approved private thoroughfare which affords the principal means of access to abutting property, excluding alleys, and including.

      STREET, ARTERIAL. A thoroughfare designated as a freeway, expressway, major arterial, or minor arterial in the most recently adopted city thoroughfare plan. The primary function of an arterial is to carry traffic through the city, and is designed for as high a speed as possible, to carry as much traffic as possible. Also known as a MAJOR THOROUGHFARE.

      STREET, COLLECTOR. A street that primarily carries traffic from local or residential streets to major thoroughfares and highways, including the principal entrance streets for circulation to schools, parks and other community facilities within such a development, and also including all streets which carry traffic through or adjacent to commercial or industrial areas.

      STREET, FRONTAGE. A local street lying parallel to and adjoining a major street right-of-way, which provides access to abutting properties.

      STREET LINE. The dividing line between the street and the abutting property.

      STREET, LOCAL or RESIDENTIAL. A street that is used primarily for access to abutting residential property and circulation of traffic within residential neighborhoods. It is of a width and design to discourage through traffic, thereby protecting the residential area. A LOCAL STREET serves the same purpose in a commercial or industrial district.

   STRUCTURAL ALTERATIONS. Any alteration involving a change in or addition to the supporting members of a building, such as bearing walls, columns, beams or girders.

   STRUCTURE. Something built or constructed.

   SUBDIVISION. The division of a lot, tract or parcel or land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.

   TOWNHOUSE. A single-family dwelling unit constructed in a series, or a group of units having common walls, each on a separate lot.

   TRAVEL TRAILERS. Any vehicular, portable structure designed as a temporary dwelling for travel, recreational and vacation uses, and includes folding, hardtop campers transported behind a motor vehicle, truck mounted campers attached to and transported behind a motor vehicle or pickup, camper, converted bus, tent trailer, tent or similar device used for temporary, portable housing or a similar type of temporary dwelling intended for short term occupancy, travel and/or recreation.

   VARIANCE. Relief from or variation of the provisions of these regulations, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in powers and duties of the board of adjustment.

   WHOLESALE. The sale of commodities for the purpose of resale, as to retailers or jobbers rather than to consumers directly; opposed to retail. Of, pertaining to, or engaged in sale at wholesale.

   YARD, FRONT. An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the front of the main building to the front property or street line.

   YARD, REAR. An open, unoccupied space on a lot, except for accessory building/structure as herein permitted, extending between the side lot lines and from the rear of the main building to the rear lot line. The REAR YARD shall be at the opposite end of the lot from the front yard.

   YARD, SIDE. An open, unoccupied space on a single lot, except for accessory building/structure as herein permitted, on one or two sides of a main building, on the same lot with the building, extending from the main building to a side lot line and from the front of the main building to the rear of the main building.

(2005 Code, § 12-12-1) (Ord. 960502, passed - -; Ord. 000615, passed - -; Ord. 010419D, passed - -; Ord. 040617B, passed 7-1-2004; Ord. 150908B, passed 9-8-2015; Ord. 181127A, passed 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 190212A, passed 2-12-2019)

§ 159.43 CONDITIONAL USE PERMITS; PERMIT REQUIREMENTS.

   The purpose of the regulations described by this subchapter is to allow the compatible and orderly development, within the city, of uses that may be suitable only in certain locations in a zoning district, if developed in a specific way or only for a limited period of time.

   (A)   Permit required. A use permit is required for all conditional uses as set forth in the conditional use paragraph of each zoning district. At no time may a structure or property be adapted to a conditional use without first obtaining a conditional use permit. A permit may not be issued for any conditional uses not specified in the zoning district without first amending the Zoning Ordinance to permit the conditional use.

   (B)   Approval, procedure, responsibility and appeals. Conditional use permits shall be considered for approval as an amendment to the Zoning Ordinance and shall be approved as provided in division (D) below.

   (C)   Application, filing procedures and fees. Requirements for application of conditional use permit:

      (1)   Applicant for conditional use permit must be the property owner, as recorded with the Rockwall or Kaufman County Appraisal Districts, or the property owner's designated representative;

      (2)   A conditional use permit may be used only by the applicant/property owner. A change in property ownership prior to completion requires a new application by the new property owner;

      (3)   Plot plan of lot or parcel of land showing the main building, proposed accessory building/structure, decks, patios, driveways, sidewalks, any and all existing or proposed improvements to the lot on a scale of one inch equals 20 feet (one inch = 20 feet scale);

      (4)   Floor plan on a scale of one-quarter inch equals one foot (one-quarter inch = one foot scale) of proposed accessory building/structure;

      (5)   Elevations on a scale of one-quarter inch equals one foot of proposed accessory building/structure;

      (6)   Photographs or elevation drawings of the main building (if available);

      (7)   Complete description of all materials to be used, including type of building foundation;

      (8)   Applications for a conditional use permit within the Towne Center Overlay District shall contain those checklist items listed in the "Retail/Office Site Plan in the Towne Center Overlay District" section in the city's site plan application with such checklist items to take precedence when in conflict with other requirements contained in this section; and

      (9)   Any other documentation required by the Planning and Zoning Commission or City Council necessary for their decision regarding the issuance of a conditional use permit.

   (D)   Requirements for approval. The City Council may permit a conditional use after review and recommendation by the Planning and Zoning Commission subject to appropriate conditions and safeguards when the Council finds:

      (1)   That the proposed use meets all the minimum standards established in this subchapter and other applicable ordinances;

      (2)   That the proposed use meets the intent of the district in which it is located, and is in accordance with the comprehensive plan; and

      (3)   That the proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor by substantially or permanently injurious to the neighboring property.

   (E)   Development, revocation and/or automatic cancellation of permit. If a conditional use permit has not been used within six months after the date granted, the City Council reserves the right to institute public hearings to revoke and cancel such permit.

   (F)   Period of conditional use and renewal. The City Council may attach a term limit to a conditional use permit. If an application for a building permit is not made within one year from the date of the approved conditional use permit, the conditional use permit shall be null and void. If the conditional use permit does have a time limitation attached, the expiration date shall be set forth. Any permittee wishing a renewal of such permit for successive time periods shall make application for renewal to the City Secretary or his or her designated representative, not less than 20 days before the permit expires. If, after proper inspection, the city finds that the conditions of the original permit are being met, and there have not been any complaints of noncompliance, the permit may be renewed by the Planning and Zoning Commission for the same time period as approved by the City Council originally. If there is evidence of, or complaints of noncompliance, then renewal of the permit must follow the same procedures and notification as the issuance of a new permit, and may be renewed by the Planning and Zoning Commission and City Council.

   (G)   Conditions of conditional use.

      (1)   Existing railroads and private utilities, including telephone service, may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, wires, underground utilities and lift stations shall be established in the District without a conditional use permit.

      (2)   Churches, schools, railroads, and other conditional uses automatically allowed in each District by state law, but required within a district to obtain a conditional use permit, must be issued a conditional use permit subject to the use meeting reasonable requirements imposed under this section.

      (3)   Private club conditions shall be determined by City Council by separate ordinance.

      (4)   Bed and breakfast inns and boutique hotels shall only be considered for the Towne Center Overlay District § 159.29.

      (5)   The Planning and Zoning Commission and City Council may impose additional restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.

      (6)   Wind energy systems and appeal for such systems subject to regulations in § 159.50.

      (7)   Buildings designed to exceed one story in height, and not to exceed two stories in height, and that are located inside the Towne Center Overlay District, shall require a conditional use permit from the City Council after receiving a recommendation from the Architectural Review Board and the Planning and Zoning Commission.

   (H)   Prior ordinances, effectiveness of. Prior to the passage of the ordinance, the City Council had established various specific use permits which are to be continued in full force and effect until such time of expiration as may be set forth in each such ordinance granting the specific use permit. The ordinances, or applicable parts of ordinances listed in the Appendix, which is on file in the City Secretary’s office, are carried forth in full force and effect as specific use permits and are the conditions and regulations which apply to the respective specific use permits indicated on the zoning map at the date of passage of this chapter.

(2005 Code, § 12-4-1) (Ord. 000615, passed - - ; Ord. 010419D, passed - - ; Ord. 020905B, passed - - ; Ord. 101221A, passed 12-21-2010; Ord. 181211B, passed 12-11-2018; Ord. 210824A, passed 8-24-2021; Ord. 220927E, passed 9-27-2022)

§ 159.44 LANDSCAPING AND BUFFERING.

   (A)   Any retail use or parking lot that has a side or rear contiguous to any residential district and any multi-family use or parking lot with more than five dwelling units that has a side or rear contiguous to any single family, townhouse or duplex district, shall be buffered as defined herein or as approved by the City Council. Where the contiguous use is separated by only a street, alley or easement, and such contiguous uses side-up to or face the use for which the buffer is required, a fence or landscape berm six feet in height is required unless otherwise approved by the City Council. The screen shall be located no closer to the street than the property line. Any ordinances concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a street or throughway.

   (B)   Prior to construction of buffers, as defined, complete plans showing type of material, depth of beam, and structural support shall be submitted to the building permit office for analysis to determine whether or not:

      (1)   The screen will withstand the pressures of time and nature; and

      (2)   The screen adequately accomplishes the purpose for which it was intended.

   (C)   All required landscape or buffered areas in the MF-8, LR shall be maintained at all times and shall have irrigation systems installed meeting all applicable city codes and approved by the Building Official.

(2005 Code, § 12-6-1)

§ 159.45 UNPLATTED PROPERTY.

   (A)   The City Planning and Zoning Commission of the City of Heath shall not approve any plat of any subdivision within the city limits of the City of Heath until the area covered by the proposed plat shall have been permanently zoned by the City Council of the City of Heath.

   (B)   The City Planning and Zoning Commission of the City of Heath shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Heath is pending before the City Council.

   (C)   In the event the City Planning and Zoning Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can, if it desires, act on the matter of permanent zoning and annexation at the same time.

(2005 Code, § 12-7-1)