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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
(A) Purpose.
(1) The Agricultural District is to be used to promote orderly, timely, economic growth and to recognize current land use conditions. The district is a reserved area in which the future growth of the city might occur. It is the intent of this district that agricultural land be held in that use for as long as is practical and reasonable. This zoning is suitable for areas where development is premature because of a lack of utilities, capacity or service, or where the ultimate land use has not been determined.
(2) The zone is also to be used:
(a) To protect those areas that are unsuitable for development because of physical problems or potential health or safety hazards such as flooding. The usage of the land would be permanently restricted to low-intensity agricultural uses until such time as the property is proven to be suitable for development and is rezoned; and
(b) To provide a permanent greenbelt to preserve natural areas or open space buffer around uses that might otherwise be objectionable or pose environmental or health hazards.
(B) Permitted uses.
(1) Farming, ranching, related activities, and one primary detached single-family dwelling per lot, with a minimum lot area, as defined herein, of ten acres.
(2) Home occupations;
(3) Municipality owned or controlled facilities, utilities, and uses;
(4) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official;
(5) Wind energy systems on lots greater than ten acres in size subject to all terms and conditions of § 159.50; and
(6) A single open landscape structure on the same lot as an accessory to a residential use and used as a trellis, arbor, pergola, gazebo, or outdoor kitchen that does not exceed 350 square feet in area and 15 feet in height.
(7) Accessory buildings and dwelling units. 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 conform to the following criteria in the table below:
(a) Lot/Tract Size (acres) | (b) Maximum Number of Accessory Buildings Allowed per Lot | (c) Maximum Combined Floor Area
Allowed 1
(All Accessory Buildings/ Dwelling Units) (square feet)1 |
(d) Maximum Size for a Single Accessory Structure (square feet)2 |
(e) Maximum Building Height (feet)4 |
(f) Setback from Rear Façade of Primary Residence (feet)5 |
(g) Minimum Separation from other Buildings (feet) |
(a) Lot/Tract Size (acres) | (b) Maximum Number of Accessory Buildings Allowed per Lot | (c) Maximum Combined Floor Area
Allowed 1
(All Accessory Buildings/ Dwelling Units) (square feet)1 |
(d) Maximum Size for a Single Accessory Structure (square feet)2 |
(e) Maximum Building Height (feet)4 |
(f) Setback from Rear Façade of Primary Residence (feet)5 |
(g) Minimum Separation from other Buildings (feet) |
1 to <2 | 1 | 1,000 | 900 | 25 | 25 | 20 |
2 to <3 | 2 | 1,500 | 1,200 | 25 | 25 | 20 |
3 to <4 | 3 | 3,500 | 2,5003 | 25 | 30 | 20 |
4 to <5 | 3 | 4,000 | 3,0003 | 25 | 35 | 20 |
5 to <7.5 | 4 | 4,500 | 3,5003 | 30 | 45 | 20 |
7.5 to <10 | 4 | 5,500 | 4,5003 | 30 | 55 | 20 |
10+ | 4 | 6,500 | 5,5003 | 30 | 60 | 20 |
1 All existing utility services to be extended to the accessory building(s) shall be metered to same utility account holder/customer for the primary residence. 2 A conditional use permit shall be required for a detached residential garage as defined in § 159.42. 3 Only one detached accessory dwelling unit shall be permitted per lot or tract with a maximum building area specified in column (d) above for each lot/tract size category. The maximum size for an accessory dwelling for the 3 to <4 acre and larger lot/tract size categories shall not exceed 2,000 square feet. An accessory dwelling unit shall not be sold or conveyed separately without meeting the requirements of the zoning district and the subdivision ordinance. All other accessory structures not used as an accessory dwelling unit shall have no sleeping areas, bathroom or kitchen plumbing (except for one hand sink), or kitchen facilities. 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. | ||||||
(C) Conditional use permit (require use permits, see § 159.43).
(1) Facilities for the raising of animals in accordance with all applicable city ordinances;
(2) Wholesale nursery for the growing of plants not for retail sale on the premises;
(3) Facilities for railroads or those utilities holding a franchise in the city;
(4) Institutional uses including sanitary landfill, water treatment and supply facilities, and wastewater treatment facilities;
(5) Wind energy systems that do not conform to requirements in division (B)(7) above (see also § 159.50);
(6) Other uses which, as determined by the Planning and Zoning Commission, are not contrary to the purposes established for this district;
(7) Any request for a building permit for an accessory building that does not meet the criteria established in the table above shall only be authorized by approval of a conditional use permit; and
(8) (a) A primary detached single-family dwelling per lot with a minimum lot area, as defined herein, of less than ten acres.
(b) Properties containing a lot area, as defined herein, equal to or greater than three acres in size may also be rezoned to the SF-3.0 District Classification in lieu of a conditional use permit.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses; and
(2) 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 gross acre as required.
(3) The outside storage of equipment, materials or vehicles, including abandoned or junked vehicles which are not necessary to the uses permitted in this district;
(E) Area requirements for primary structures.
(1) Minimum lot area, as defined herein: ten acres;
(2) Minimum lot frontage on a public street: 100 feet;
(3) Minimum lot depth: 200 feet;
(4) Minimum depth of front setback: 40 feet plus one foot for each foot in height over 25 feet;
(5) Minimum depth of rear setback: 25 feet;
(6) Minimum width of side setback:
(a) Internal lot: ten feet;
(b) Side yard setback abutting street: 20 feet; and
(c) Abutting an arterial: 30 feet.
(7) Minimum distance between buildings on the same lot or parcel of land: 15 feet;
(8) Minimum length of driveway pavement from the public right-of-way on a side or rear yard: 25 feet;
(9) Maximum building coverage as a percentage of lot area, as defined herein: N/A;
(10) Maximum height of structures: 35 feet;
(11) Minimum number of off-street parking spaces required for one single-dwelling unit: two.
(a) An enclosed garage shall not be considered in meeting the off-street parking requirements.
(12) Minimum square footage for primary dwelling unit: 3,600 square feet.
(2005 Code, § 12-2-1) (Ord. 960502, passed - - ; Ord. 000615, passed - - ; Ord. 010419D, passed - - ; Ord. 101221A, passed 12-21-2010; Ord. 151013C, passed 11-10-2015; Ord. 181211B, passed 12-11-2018; Ord. 200728A, passed 7-28-2020)
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