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(A) The zoning regulations and districts herein established have been made in accordance with a comprehensive zoning plan for the purpose of promoting health, safety, morals and the general welfare of the city. The regulations have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of improvements and encouraging the most appropriate use of land throughout the community.
(B) In interpreting and applying the provisions of this chapter, they shall be construed to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided however, that where the chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by restrictive covenants, the provisions of this chapter shall govern.
(Ord. passed 11-17-2015)
(A) Certain words in this chapter are defined for the purpose hereof as follows:
(1) Words in the present tense include the future;
(2) Words in the singular number include the plural number;
(3) The words in the plural number include the singular;
(4) The word "building" includes the word "structure";
(5) The word "lot" includes the word "plot"; and
(6) The word "shall" is mandatory and directive.
ABUT. To physically touch or border upon; to share a common property line but not overlap. See ADJOINING LOT OR LAND.
ACCESSORY BUILDING. A structure detached from the principal building which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or principal use served; and
(3) Is located on the same lot as the principal building or principal use. In any residentially zoned district, the access building may not have separate utilities, be used for commercial purposes, or rented to an individual.
ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ADJOINING LOT OR LAND. A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See ABUT.
ALLEY. A public service space or roadway providing secondary means of public access to abutting property and not intended for general traffic circulation.
ANIMAL KENNEL. A commercial establishment in which dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
APARTMENT. See DWELLING, MULTIPLE FAMILY.
APPROVED PLAN. A plan that has been granted final approval by the appropriate approving authority.
AUTOMOBILE SALES. The use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.
AUTOMOBILE SERVICE STATION. Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, similar vehicle accessories and sundry items.
AUTOMOBILE WASH. Any building or premises or portions thereof used for washing automobiles.
AUTOMOBILE REPAIR SERVICES. Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
BED AND BREAKFAST HOME. An owner occupied residence, other than a hotel, which provides temporary sleeping accommodations and a meal only to registered guests of the establishment at no additional cost; and which meets the criteria established for "Bed and Breakfast Home" as stated in § 156.35.
BLOCK. An area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.
BOARDING OR LODGING HOUSE. A building other than a hotel, where lodging and meals for five or more persons are served for compensation.
BUILDING. Any structure or building for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING HEIGHT. The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level of a mansard roof, and the average distance between eaves and the ridge level for gable, hop, and gambrel roofs. In measuring the height of the building, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio and television towers, ornamental cupolas, domes or spires, flagpoles, and parapet walls not exceeding four feet in height.
BUILDING LINE. A line parallel to the street line establishing the minimum required front yard.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located.
BUSINESS. Includes retail, commercial and manufacturing uses and districts as herein defined.
CAMPGROUND. Land where individuals can camp overnight in tents but where RV's, trailers, and similar vehicular units are not permitted.
CHURCH. A building or structure, or group of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated and accessory uses.
CLINIC. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, or other medical personnel or social worker.
CLUB/SOCIAL ORGANIZATION (CHILDREN). A facility providing entertainment to the public where activities take place indoors or outdoors and which may include rides, games, concessions, or exhibits.
COMMUNITY OR SOCIAL BUILDING. A building used for recreational, social, educational and cultural activities generally owned, maintained and operated by a homeowners associated for the enjoyment of resident members.
CUSTOMARY HOME OCCUPATIONS.
(1) A commercial activity that is conducted by a person on the same lot (in a residential district) where such person resides, and is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use, but that can be conducted without any significantly adverse impact on the surrounding neighborhood.
(2) Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if:
(a) Goods, stock in trade, or other commodities are displayed;
(b) Any on-premises retail sales occur;
(c) A person not a resident on the premises is employed in connection with the purported home occupation;
(d) It creates objectionable noise, fumes, odor, dust, electrical interference or increases traffic significantly;
(e) More than 25% of the total gross floor area of residential buildings plus other buildings housing the purported home occupations, or more than 500 square feet of gross floor area (whichever is less), is used for home occupation purposes; or
(f) Involves the display of a sign.
(3) The following is a non-exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria:
(a) The office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional;
(b) Workshops, greenhouses, or kilns; or
(c) Dressmaking or hairdressing studios.
DAY CARE. Any structure which is utilized to provide care to more than six children (exclusive of the natural, foster, or adopted children of the residents of the structure); utilizes persons other than those residing in the structure to provide care; or provides care between 7 a.m. and 12 a.m.
DAY NURSERY. Any dwelling structure, which is utilized by only the residents of that structure, to provide care for not more than six children (exclusive of the natural, foster or adopted children of the residents of the structure) between the hours of 7 a.m. and 12 a.m., and which displays a current registration certificate for the provision of child care from the appropriate state agency.
DISTRICT. A section of the city for which the regulations governing the area, height or use of the building are uniform.
DRINKING ESTABLISHMENT. Any building or premises primarily engaged in the retail sale of alcoholic beverages such as beer, ale, wine and liquor, for consumption on the premises. Typical establishments include: bars, night clubs, lounges and dance halls.
DUPLEX. See DWELLING, TWO-FAMILY.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more dwelling units; or which is occupied as the home or residence of three or more families living independently of each other.
DWELLING, SINGLE FAMILY. A building containing one dwelling unit and that is not attached to any other dwelling by any means and which is occupied by not more than one family.
DWELLING, TWO-FAMILY. A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and flooring extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units and which is occupied by not more than two families.
DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter.
EATING ESTABLISHMENT. Any building or premises primarily engaged in the retail sale of prepared food and drink for on premise or immediate consumption.
FAMILY. A family is any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood.
FARM. An area of two acres or more, which is used for the growing of the usual farm products such as vegetables, fruit trees and grain and their storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine including dairy farms with the necessary accessory uses and for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities and provided further that it does not include the commercial feeding of offal or garage to swine or other animals.
FLOOR AREA, GROSS. The total horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating adjoined buildings or structures, but excluding any space where the floor-to-ceiling height is less than six feet.
FOOD PROCESSING ESTABLISHMENT. An establishment in which food is processed or otherwise prepared for eventual human consumption but not consumed on the premises.
FRATERNITY AND SORORITY HOUSE. A building other than a hotel, which is occupied only by individuals enrolled in a college or university located within the city and persons to attend the house and supervise the activities of the fraternity or sorority. Except for the attendants, each resident must be a member of a fraternity or sorority that is recognized by the college or university and chartered by a state or national organization.
GRADE. For buildings having walls adjoining one street only: it is the elevation of the sidewalk at the center of the wall adjoining the street. For buildings having walls adjoining more than one street: it is the average of the elevation of the sidewalks at the center of all walls adjoining the street. For buildings having no wall adjoining the street: it is the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the City Engineer shall establish such sidewalk level or its equivalent for the purpose of these regulations.
HOME OCCUPATION. See CUSTOMARY HOME OCCUPATION.
HOSPITAL. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOTEL AND MOTEL. A facility offering transient lodging accommodations to the general public and which may provide additional services, such as restaurants, meeting rooms, entertainment, and recreation facilities.
H.U.D. REGULATIONS. The Mobile Home Construction and Safety Standard Act, 42 U.S.C.S., Section 5401 et seq., as the same now exists or as is amended.
IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
INSTITUTIONAL USE. A nonprofit, religious, or public use such as a church, library, public or private school, hospital, or government owned or operated building, structure or land used for public purpose.
JUNK. A manufactured good, appliance, fixture, furniture, machinery, vehicle, personal property or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled dilapidated, or so worn deteriorated or in such a condition as to be generally unusable and/or inoperable. Without limiting the generality of the foregoing, anything that is water soluble, primarily organize or not typically associated with junkyard activities may not be considered junk.
JUNKYARD. The outdoor use of any lot for sale, storage, display, dismantling, demolition, abandonment or discarding of junk as defined by this section.
KINDERGARTEN. A school for children of pre-public school age in which constructive endeavors, object lessons, and helpful games are prominent features of the curriculum.
LANDSCAPING. The following words, terms and phrases shall have the following meanings ascribed to them, except where the context clearly indicates a different meaning.
BUILDING SITE. The tract, parcel or lot of land area being developed.
DIAMETER. The measurement of a three at six inches above ground level.
GROUND COVER. Grasses and other plants grown to keep soil from being blown or washed away and planted so as to develop full coverage within 18 months. Bark mulches, gravel and other pervious material may be used as ground cover under trees and shrubs.
LANDSCAPE DEVELOPMENT. Trees, shrubs, ground cover, wines or grass installed in planting areas having a minimum of ten square feet of actual planting area and a minimum inside dimension on any side of 18 inches.
SHRUB. Any self-supporting, woody, evergreen species as normally will grow in the county.
TREE. Any self-supporting, woody plant of a species that normally grows to an overall height of a minimum of 15 feet in the county. At the time of planting, the minimum diameter shall be one inch.
TREE BOARD. An advisory body, appointed by the City Council, having the responsibility to study, investigates, counsel and develop plans for the care, preservation of trees and shrubs in parks, along streets and in other public areas.
LAUNDROMAT. An establishment providing washing, drying or dry cleaning machines on the premises for use by the general public.
LOT. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
LOT AREA. The area of the lot shall be the net area within the lot lines and shall not include portions of streets and alleys.
LOT, CORNER. A lot abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT, FLAG. A lot which has a stem, or a narrow strip of land connecting the main property to the street. The stem or strip must be wide enough to meet the subdivision requirement for frontage on a street, but may not be less than the required width for the particular zone in which it is situated.
LOT, INTERIOR. A lot other than a corner lot.
LOT, THROUGH. A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of that lot.
LOT DEPTH. The mean horizontal distance between the front and rear lot line on interior lots; between the front and opposite side lot line on corner lots; and between front yard lines on through lots.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk, or a parcel of land, the deed for which was recorded in the office of the County Clerk prior to June 18, 1963.
LOT WIDTH. The horizontal distance between the side lines of a lot measured parallel to the front lot line at the minimum required building setback line.
MANUFACTURED HOME. A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle.
NONCONFORMING STRUCTURE. A structure or building, the size, dimensions or location of which was lawful prior to the adopted, revision or amendment to the zoning ordinance but fails by reason of such adoption, revision, or amendment to conform to the present requirements of this chapter.
NONCONFORMING USE. A use or activity that was lawful prior to the adoption, revision or amendment of this chapter but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
OFFICE, MEDICAL. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, or medical personnel or social worker.
OFFICE, PROFESSIONAL OR BUSINESS. Administrative, managerial, service, executive, professional, governmental, educational, research, or similar entities and laboratories whether for profit or non-profit, having only limited contact with the public. Entities which benefit from and contribute to an environment of semi-residential nature characterized by law vehicular traffic and pedestrian volumes, lack of distracting, irritating, or sustained noise, and low density of building developments. It has limited activity regarding sales or distribution or merchandise as to be incidental or accessory to the principal permissible use and constitute no greater than 20% of the gross revenue of the office. Uses in which sales are greater than 20% of the gross revenue of the organization are classified as retail or wholesale stores.
OUTDOOR SALES. Any primary use of premises not specifically listed in § 156.09, whereon goods, stock in trade or other commodity is displayed for the purpose of sales and which the display area is greater than 30% of the gross floor area of the principal building.
PARK (PUBLIC OR PRIVATE). A recreational facility either public or private containing a park or playground.
PARKING SPACE. An area meeting the dimensional requirements prescribed by this chapter, surfaced with an all-weather surface together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. The space shall not be located within a public street or alley, nor shall head in parking adjacent to a public street or alley, wherein the maneuvering is done on a public street or alley, shall not be classified as off-street parking in computing the parking requirements for any use.
PAVEMENT. A created surface, such as brick, stone, concrete, or asphalt, placed on the land to facilitate pedestrian or vehicular passage as may be required.
PERSONS. Any person, partnership, firm, company, corporation, tenant, owner, lessee or licensee, agent, heir or assign.
PLACE. An open, unoccupied space reserved for purposes of access to abutting property.
PRIVATE CLUB. An association of persons, whether incorporated or unincorporated, and whose members must be passed upon and elected as individuals by a committee or board made by members of such club, said association being required to be licensed or permitted by the Alcoholic Beverage Commission of the State of Texas, and as further defined in Tex. Penal Code Art. 666-15e, as presently written or as the same may be amended or rewritten from time to time hereafter.
RECREATIONAL VEHICLE. A vehicular-type portable structure without permanent foundation that can be towed, hauled, or drive and primarily designed as a temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motors homes.
RECREATIONAL VEHICLE PARK. Any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. No recreational vehicle shall remain at a site in excess of 30 consecutive days.
RESIDENTIAL HEALTH CARE FACILITY. Residences usually occupied by the frail elderly that provide rooms, meals, personal care, and health monitoring services under the supervision of a professional nurse and that may provide other services, such as recreational, social, and cultural activities, financial services, and transportation.
RIDING ACADEMY, COMMERCIAL STABLE. An establishment where horses are boarded and cared for and where instruction in riding, jumping, and showing is offered and where horses may be hired for riding.
SALVAGE STORAGE YARD. See JUNKYARD.
SANITARY LANDFILL. A site for solid waste disposal.
SCHOOL, COLLEGE OR UNIVERSITY. An educational institution authorized by the state to award associated, baccalaureate or higher degrees.
SCHOOL, VOCATIONAL. A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.
SCRAP METAL STORAGE YARD. See JUNKYARD.
SERVANTS 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.
SHELTERED CARE FACILITY. A non-profit or for-profit boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation.
SHOPPING CENTER. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking on-site.
SIGN, APARTMENT OR HOUSING PROJECT. A sign giving the nature, logo or other identifying symbol, address, or any combination of the name, symbol or address of an apartment complex or housing project. The sign shall be located only within a common area associated with the development and shall not be construed to identify an individual lot or occupant of a premises.
SIGN, BUSINESS. A sign that directs attention to a business or profession conducted; or to a commodity or service sold, offered, or manufactured; or to an entertainment offered on the premises where the sign is located.
SIGN, MONUMENT. A permanent sign wherein the entire bottom of the sign is affixed to the ground, not to a building or similar structure.
SIGN, NAME PLATE. A sign not exceeding one square foot in area, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
SIGN, OFF PREMISE. Any sign or structure used for advertising or display purposes promoting or advertising goods or services not sold, manufactured, distributed, not stored for commercial purposes, on the premises on which said sign or structure is located.
SIGN, PERMANENT BULLETIN BOARD. A sign that identifies an institutional use on the premises of which it is located and that contains the name of the institution and general announcement of events or activities occurring at the institution or similar messages. Said sign may include the display of sponsor(s) of the institution provided such display area on each sign face does not exceed 15% of the smallest area that encompasses the name of the institution and the message portion of the sign or 24 square feet, whichever is smaller.
SIGN, PYLON. A freestanding sign with visible support structures or with the support structure enclosed within a pole cover or similar device.
SIGN, REAL ESTATE. A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
STORAGE FACILITY, SELF-SERVICE. A structure containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases or varying periods of time.
STREET. Any vehicular way, whether improved or unimproved, that:
(1) Is an existing state, county, or municipal roadway;
(2) Is shown upon a play approved pursuant to law; or
(3) Is approved by other official action.
STREET LINE. A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS. Any change in the supporting member of a building, such as a bearing wall, column, beam, or girder.
STRUCTURE. Any man-made object that needs support and rises more than two-and-a-half feet above ground level.
TEMPORARY BUILDINGS. A building used for construction purposes or a field office for the sale of real estate.
TEMPORARY COMMERCIAL AMUSEMENT. Enterprises such as circuses, carnivals, rodeos, pony rides and miniature train rides for a maximum period of ten consecutive days.
TRANSIT TERMINAL. Any premises for the storage or parking of mass transit vehicles such as buses, shuttles and passenger trains and the loading and unloading of passengers.
VETERINARY HOSPITAL. A placed where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
WRECKING MATERIALS YARD. See JUNKYARD.
YARD. An open space between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
YARD, FRONT. An open space running parallel to an abutting street(s), which is unoccupied by structures from the ground up except for such projections as are expressly permitted.
YARD, REAR. An open, unoccupied space on a lot, and being the minimum horizontal distance between rear lot line and the principal building.
YARD, SIDE. An open, unoccupied space on a lot, and being the minimum horizontal distance between the side lot line and the principal building. Any lot line, not the rear line or front line, shall be deemed a side line.
ZONING OFFICIAL. The official of the city appointed by the City Administrator as such, and whose duties include the administration and enforcement of these zoning regulations.
(Ord. passed 11-17-2015)
(A) This chapter does not legalize any current illegal use, unless the use is a conforming use for that district. A use that was permitted by right or was a nonconforming use under previous regulations, or was established lawfully prior to the adoption of this chapter is deemed a nonconforming use. A use that was not lawfully established is an illegal use.
(B) This chapter does not discharge or otherwise affect the prosecution of any prior offense, or the imposition of any liability, penalty or forfeiture, either civil or criminal. Prosecutions and suits for any offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending may proceed as if this chapter had not been passed.
(C) This chapter is not intended to abrogate or annul any permit issued by the city before the effective date of this chapter. Nothing in this chapter nor in any amendments to this chapter which change district boundaries shall require any change in the plans, construction or designated use of a building that is completed in its entirety within two years from November 17, 2015, provided such building was authorized by a permit issued by the city prior to November 17, 2015.
(Ord. passed 11-17-2015)
(A) Front yard.
(1) Where a greater front yard is established by ordinance or approved planned unit development site plan within a zoning district, no building shall be erected closer to the street right-of-way than so specified.
(2) Where a building line is shown on a plat recorded with the County Clerk, and such building line provides a greater front yard than required by this chapter, no building shall be erected closer to the right-of-way than provided by the recorded plat.
(3) Open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four feet; provided however, that no supporting structure for such extensions or other structure may be located within the required front yard.
(4) An unenclosed canopy for a gasoline service station or similar business may extend into the required front yard but shall never be closer than 12 feet from the street right-of-way.
(B) Side and rear yards.
(1) The required side and rear yards shall be open and unobstructed except as permitted in this section. The ordinary projection of window sills, belt courses and other ornamental features not to exceed 12 inches. Eaves, roof extensions and awnings may project to within five feet of a side or rear lot line.
(2) Open or lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues may extend into the required rear yard for a distance not to exceed three and a half feet.
(3) Terraces, uncovered porches, pools, platforms and ornamental features which do not exceed more than three feet above ground may project to within two feet of a side lot line.
(C) Location of dwellings and buildings.
(1) Only one main structure for a single-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall front and face a street. Whenever a main building will not face a street, the same may be permitted when a site plan is approved in a manner established by applicable ordinance.
(2) Where a lot is used for multiple family dwellings, retail, commercial or industrial purposes or any combination of these uses, more than one main building may be located on the lot but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and zoning district.
(D) Accessory buildings. Accessory buildings not exceeding 15 feet in height may be erected to within ten feet of side and rear property lines. Such buildings in excess of 15 feet in height shall observe the side and rear yard requirements of the applicable zoning district.
(E) Fences, walls and similar barriers.
(1) No fence, wall or similar barrier may be located within a street right-of-way.
(2) A fence, wall or similar barrier not exceeding three-and-a-half feet in height may be located within the required front yard, provided however that it shall be placed no closer than ten feet from the street (either back of curb or pavement edge). The height of the fence, wall or similar barrier may be extended to a maximum of eight feet on corner lots serving as an entryway into a subdivision, provided that no primary entrance to the main structure on the lot shall face towards the fence, wall or similar barrier.
(3) When no front yard is required by the applicable zoning district, the building line established by the wall of a main structure closest to the street right-of-way shall substitute as the required front yard for the purposes of this division. However, when an opaque screening device is required along the side and rear lot lines, the screening device shall be extended to the required front yard of the adjoining property.
(4) Fences, walls and similar barriers may be erected along the side and rear property lines.
(Ord. passed 11-17-2015)
(A) Nonconforming uses.
(1) Any lawful use of property existing at the time of passage of this chapter that does not conform to the regulations prescribed in the preceding sections of this chapter shall be deemed a nonconforming use.
(2) A nonconforming use of land or a structure may be continued; however, when the nonconforming use is discontinued for a period of six months, such use shall conclusively be deemed to have been abandoned and shall not be resumed. Any future use of said premises shall be in conformity with the provisions of this chapter. Normal seasonal cessation of a use, or temporary discontinuance for purposes of maintenance or rebuilding after damage or destruction as provided in this section, shall not be included in calculating the period of discontinuance.
(3) If no structural alterations (except those required by law or ordinance) are made, a nonconforming use may be extended throughout a building. A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive zoning classification provided no structural alterations are made. In the event a nonconforming use of a building is changed to a nonconforming use of a higher and more restrictive zoning classification, it shall not later be reverted to a use in the former lower or less restrictive zoning classification.
(4) If the structures accommodating or serving a nonconforming use are damaged or destroyed by fire, explosion, flood, tornado, riot, or act of the public enemy, the structure may be rebuilt in accordance with this section and the nonconforming use may be resumed.
(5) The right of nonconforming uses to continue shall be subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgment of the Zoning Board of Adjustment and Appeals, be reasonably required for the protection of adjacent property.
(B) Nonconforming structures.
(1) A nonconforming structure may be continued and may be enlarged, repaired, or altered provided such does not create an additional nonconformity or increase the degree of existing nonconformity with respect to maximum building height and minimum yard requirements. Any alteration or enlargement shall not extend further into the required yard than the existing nonconforming portion of the building. This provision shall apply separately to each yard requirement with which the existing structure does not comply.
(2) Nothing in this section shall prevent the restoration within a period of six months of a nonconforming building or structure which has been damaged or destroyed by fire, explosion, flood, tornado, riot, or act of the public enemy. The restoration shall not create an additional nonconformity or increase the degree of nonconformity established by the building or structure that was damaged or destroyed. A nonconforming structure shall not be restored in case of obsolescence or demolition.
(C) Effect of nonconforming designation.
(1) A request for nonconforming designation, or request for relief under this designation, shall not create an estoppel of the trial of any lawsuit which may be filed in any court. There is hereby created a Zoning Board of Adjustments and Appeals consisting of five members each to be appointed by the City Council. The City Council shall also appoint four alternate members of the Zoning Board of Adjustments and Appeals who shall serve in the absence of one or more regular members when requested to do so by the Mayor or the City Manager. The members and alternates of the Zoning Board of Adjustments and Appeals shall be residents of the city property owners, and qualified voters of the city. Three of the regular members shall be appointed for two-year terms and two regular members shall initially be appointed for one-year terms and the alternative members shall be appointed for two-year terms. Any member is subject to removal for cause by City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant. The Zoning Board of Adjustments and Appeals may adopt rules to govern its proceedings, provided that such rules are not inconsistent with this chapter. All cases to be heard by the Zoning Board of Adjustments and Appeals will always be heard by a minimum of five members.
(2) All members present, including the Chairman, shall vote on every motion. Any member of the Board present and refusing to vote shall be entered into the minutes of such meeting as voting in the affirmative, provided however, that a member of the Board shall not vote upon the consideration of any matter involving his own official conduct or where his financial interest is involved; in which event such member shall give his reasons for not voting and such reasons shall be entered upon the minutes of the Board. Minutes of all meetings of the Board shall be taken and recorded and such shall constitute a public record. Meetings of the Zoning Board of Adjustments and Appeals may be held at the call of the Chairman, who may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board of Adjustments and Appeals shall be open to the public.
(3) The Zoning Board of Adjustments and Appeals shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter;
(b) Such appeals can be taken by any person aggrieved or by any officer, department, board or department of municipality affected by any decision of the administrative office. Such appeals shall be taken within 15 days time after the decision has been rendered by the administrative office, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustments and Appeals, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings upon the action appealed unless the officer from whom the appeal is taken certified to the Zoning Board of Adjustments and Appeals, after the notice of appeal shall have been filed with him, that by reason of acts, stated in the certificate, a case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown;
(c) The Zoning Board of Adjustments and Appeals shall hear an appeal within 30 days from date of filing notice of appeal, after public notice thereof, as well as due notice to the parties in interest and decide the same within 60 days from date of such hearing. Upon the hearing any party may appear in person or by attorney or agent;
(d) To provide relief from the terms of this chapter when, because of special circumstances applicable to the property, the strict application of the zoning regulations will deprive such property the privileges enjoyed by other property in the vicinity having the identical zoning classification. The Board will ensure that any adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated;
(e) The Zoning Board of Adjustments and Appeals may grant a variance, due to the unnecessary hardship, when it makes affirmative findings of fact on each of the following criteria:
1. The hardship for which the variance is requested is unique to the property and not general to the area in which the property is located; and
2. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purposes or regulations of the zoning district in which the property is located.
(f) It may be considered an unnecessary hardship when a lot of record within a single-family zoning district does not meet the dimensional requirement of that zoning district, and the application of the dimensional requirements would deprive the property owner of a structure deemed common to the majority of single-family residences and reasonably required for the maintenance of the residence and for the protection of adjacent property;
(g) In exercising its powers, the Board may, in conformity with the provisions of Articles 1001-A and including 1001-J of the 1925 Civil Statutes of Texas, revise or reform wholly or partly, or may modify the order, requirements, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken, provided however, that the concurring vote of four members of the Board shall be necessary to revise any order, requirements, decisions or determination of any such administrative official; or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to affect any variances in said ordinance; and
(h) Any person or persons, jointly or severally, aggrieved by any decision of the Zoning Board of Adjustments and Appeals, or any officer, department, or Board of the Municipality may present to court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board and not thereafter.
(Ord. passed 11-17-2015)
(A) The City Council, by ordinance, may amend, supplement or change zoning district boundaries or the regulations herein established. Any action by the City Council to amend, supplement or change zoning district boundaries or other regulations herein established, shall be made only after a public hearing conducted by the Planning and Zoning Commission and receipt of a recommendation from the Commission. The City Council shall also conduct a public hearing before adopting any amendments, supplement, or change. Notwithstanding any procedure established by the city to facilitate amendments, supplements, or changes, the procedure shall comply with the minimum requirements established by the State of Texas.
(B) Any person, firm, or corporation having a proprietary interest in any property may make application requesting an amendment, supplement or change to a zoning district boundary or regulation, herein established. Such application shall consist of all necessary information and documentation to adequately convey the aspects of the request. The application shall be accompanied by the filing fee in an amount established by the City Council.
(C) The Planning and Zoning Commission, on its own volition; at the request of the City Council; or any city department, board, agency or other commission, may study and proposed amendments, supplements, or changes to zoning district boundaries or the regulations contained herein.
(D) Where the Planning and Zoning Commission is considering a change in zoning or approval of a special use permit, the Commission may, within its discretion, make the following recommendations to the City Council:
(1) Recommend approval of the change in zoning;
(2) Recommend denial of the change in zoning;
(3) Recommend denial of a special use permit; and
(4) Recommend approval of a special use permit, allowing a specific use, within a higher classified zoning district. Conditions of operation, location, arrangement and construction, may be established when deemed important to the welfare and protection of adjacent property.
(E) If a proposed change to a regulation or boundary receives written protest, being signed by the owners of at least 20% of the area of the lots and land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, then a three-fourths affirmative vote of all the members of the City Council shall be required in order to take effect. In computing the percentage of land under protect, the area of streets and alleys shall be included. Additionally, an affirmative vote of at least three-fourths of all members of the City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied in order for the change to take effect.
(F) The official zoning map of the city shall be kept in the City Planning Department, and all changes in district boundaries shall be noted thereon immediately after approval by the City Council. In those circumstances where a request for a change in zoning or a request for approval of a special use permit is denied by the Governing Body there may be no other submittal for approval for the same property until a period of 12 months has passed. An exception may be granted to this provision for applications that have undergone substantial change. Substantial change is evidenced by the addition of a buffer area between the applicant and the adjacent properties or the requested zoning classification has been changed from the original application. Additionally, a formal request can be made to the Planning and Zoning Commission to determine whether the application has substantial change and warrants being rescheduled for the Commission at a follow-up meeting. Requests for determinations of substantial change will be listed as individual agenda items for the Commission. This request must occur at a meeting separate from the hearing for approval.
(Ord. passed 11-17-2015)
(A) Within the districts established by this chapter or amendments to this chapter, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section to permit such nonconformance to continue, under regulations contained in this section, until they are removed, but not to encourage their survival. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved.
(B) It is further the intent of this section that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as provided in this section, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this section.
(C) Any use or structure that does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:
(1) The use or structure was in existence and lawfully operating on November 17, 2015 and has since been in regular and continuous use;
(2) The use or structure was lawfully being used at the time of the adoption of any amendment to this chapter and by such amendment was placed in a district where it is not otherwise permitted; or
(3) The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.
(D) The lawful use of land existing on November 17, 2015, although it does not conform to the provisions in this chapter, may be continued until termination is required in accordance with the provisions of this section. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this chapter.
(E) A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:
(1) When land associated with a legal nonconforming use ceases to be used in such a manner for a period of 183 consecutive days;
(2) When a structure associated with a nonconforming use ceases to be used in such a manner for a period of 183 consecutive days;
(3) Abandonment of a nonconforming use shall be determined by the Board of Adjustment and may include a consideration of the following factors in addition to the prima facie evidence of abandonment cited in division (E)(2) of this section:
(a) The intent of the owner; or
(b) The apparent act of discontinuance as supported by evidence submitted to the Board of Adjustment.
(F) It shall be the responsibility of the owner, operator or occupant to provide proof that a nonconforming structure or use of land or building existed prior to November 17, 2015.
(G) Nothing in this section shall prevent the restoration of a building destroyed by fire, explosion, other casualty, act of God or a public enemy, nor the continued occupancy or use of such a building or part that existed at the time of such destruction. However, this allowance for the restoration of damaged nonconforming property has no bearing on an approved amortization schedule for the termination of nonconformance as described in this section.
(H) No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only the exact type of nonconforming use which existed on the property on November 17, 2015, or uses permitted by right, or approved conditional uses may be substituted for nonconforming uses or structures.
(I) No nonconforming use or structure may be extended or enlarged and no nonconforming use of land may be enlarged or increased to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.
(J) Nonconforming status is inherent in the property or use. The sale or lease of a legally nonconforming parcel of property or structure shall in no way limit the use of that property or structure for its legally nonconforming use or activity; however, all other provisions of this section and this chapter shall apply.
(K) The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:
(1) When the use is abandoned.
(2) When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.
(Ord. passed 11-17-2015)
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