zoning ordinance - City of Richland Hills, TX

Transcription

Zoning Ordinance
ZONING ORDINANCE
City of Richland Hills
Adopted May 6, 2014
Freese and Nichols, Inc.
2711 North Haskell Avenue
Suite 3300
Dallas, Texas 75204
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Zoning Ordinance
Section 1.
General Provisions ..................................................................................................................................5
Subsection 1.01. Enacting Clause ........................................................................................................................5
Subsection 1.02. Purpose ....................................................................................................................................5
Subsection 1.03. Zoning District Map..................................................................................................................5
Subsection 1.04. Zoning District Boundaries.......................................................................................................6
Subsection 1.05. Compliance Required/Interpretation/Rules of Construction ..................................................7
Subsection 1.06. Nonconforming Uses, Structures, and Lots .......................................................................... 10
Section 2.
Zoning Districts .................................................................................................................................... 15
Subsection 2.01. Zoning Districts Established .................................................................................................. 15
Subsection 2.02. Equivalency Table ................................................................................................................. 15
Subsection 2.03. Residential Zoning Districts................................................................................................... 16
Subsection 2.04. Nonresidential Zoning Districts............................................................................................. 30
Subsection 2.05. Special Zoning Districts ......................................................................................................... 40
Section 3.
Land Uses ............................................................................................................................................. 45
Subsection 3.01. Use of Land and Buildings ..................................................................................................... 45
Subsection 3.02. Use Chart .............................................................................................................................. 47
Section 4.
Site Development Requirements ........................................................................................................ 61
Subsection 4.01. Off-Street Parking and Loading Requirements ..................................................................... 61
Subsection 4.02. Accessory Structure Standards ............................................................................................. 62
Subsection 4.03. Supplementary Regulations .................................................................................................. 66
Subsection 4.04. Performance Standards ........................................................................................................ 70
Section 5.
Development Review Bodies ............................................................................................................... 75
Subsection 5.01. City Council ........................................................................................................................... 75
Subsection 5.02. Planning & Zoning Commission ............................................................................................ 76
Subsection 5.03. Board of Adjustment............................................................................................................. 78
Subsection 5.04. Zoning Administrator ............................................................................................................ 80
Subsection 5.05. Development Review Committee (DRC) ............................................................................... 81
Subsection 5.06. Summary of Approval Authority of Fundamental Applications ........................................... 82
Section 6.
Development Review Procedures ....................................................................................................... 83
Subsection 6.01. Creation of Building Site ....................................................................................................... 83
Subsection 6.02. Certificates of Occupancy and Compliance .......................................................................... 83
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Subsection 6.03. Zoning Text and Map Amendments ..................................................................................... 84
Subsection 6.04. Complete Applications .......................................................................................................... 90
Subsection 6.05. Zoning Vested Rights Determination .................................................................................... 92
Subsection 6.06. Site Plan Requirements ....................................................................................................... 100
Subsection 6.07. PD Application and Review ................................................................................................. 104
Subsection 6.08. Specific Use Permit (SUP) ................................................................................................... 109
Subsection 6.09. Amortization of Nonconforming Uses ................................................................................ 112
Subsection 6.10. Reinstatement of Nonconforming Rights ........................................................................... 114
Subsection 6.11. Appeals and the Appeal Process ......................................................................................... 115
Subsection 6.12. Zoning Variance .................................................................................................................. 116
Subsection 6.13. Zoning Special Exception .................................................................................................... 118
Section 7.
Administrative Clauses ...................................................................................................................... 120
Subsection 7.01. Savings / Repealing ............................................................................................................. 120
Subsection 7.02. Penalty for Violations.......................................................................................................... 120
Subsection 7.03. Severability ......................................................................................................................... 120
Subsection 7.04. Estoppel / Waiver ............................................................................................................... 121
Subsection 7.05. Publication .......................................................................................................................... 121
Section 8.
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Definitions ......................................................................................................................................... 122
Zoning Ordinance
Section 1. General Provisions
Subsection 1.01.
Enacting Clause
That the Zoning Ordinance, Ordinance Number <#####>, and Zoning Map of the City of Richland Hills, Texas, as
passed and approved on May 6, 2014, together with all amendments thereto is hereby amended in its entirety to
read as follows.
Subsection 1.02.
1.02.01.
Purpose
Zoning Ordinance Guiding Principles
The zoning regulations and districts as herein established have been made in accordance with an adopted
Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the City.
1.02.02.
Zoning Ordinance Intent
The zoning regulations and districts have been designed to lessen the congestion in the streets; to secure
safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of
land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, wastewater, schools, parks, and other public requirements.
1.02.03.
Zoning Ordinance Considerations
The zoning regulations and districts have been made with reasonable consideration, among other things, for
the character of the district, and its peculiar suitability for the particular uses specified; and with a view to
conserving the value of buildings and encouraging the most appropriate use of land throughout the City
consistent with the Comprehensive Plan. The Comprehensive Plan has been used as a guide to develop the
regulations within this Zoning Ordinance.
Subsection 1.03.
1.03.01.
Zoning District Map
Zoning Districts Shown on the Zoning District Map
The boundaries of zoning districts set out herein are delineated upon a Zoning District Map of the City,
adopted as part of this Ordinance as fully as if the same were set forth herein in detail.
1.03.02.
Official Zoning District Map
(A) Official Zoning District Map
(1) The Official Zoning District Map shall be labeled the “Official Zoning District Map of the City of
Richland Hills, Texas” and shall be maintained as an electronic file and hard-copy file in the office of
the Zoning Administrator.
(2) The “Official Adoption Date” and the “Last Amended Date” shall be shown on the Official Zoning
District Map.
(3) In case of any question, the above mentioned electronic file shall be controlling.
General Provisions
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(B) Maintenance of the Official Zoning District Map
(1) The Zoning Administrator shall be responsible for the care and maintenance of the Official Zoning
District Map.
(2) The Official Zoning District Map shall be used for reference and shall be maintained up-to-date by
incorporating all subsequent amendments enacted by official action of the City Council.
(3) The Zoning Administrator will use all reasonable means to protect the Official Zoning District Map
from damage, and to ensure the accurate restoration of the map file if damage or destruction of the
original file occurs.
(C) Changes or Amendments Reflected on the Map
(1) Any changes or amendments made to the zoning district boundaries shall be incorporated into the
Zoning District Map file promptly after the amendment has been approved by the City Council.
(2) The Zoning Administrator shall maintain a descriptive log of amendments to the map.
(3) The Zoning Administrator will use all reasonable means to ensure that no changes are made to the
Official Zoning District Map without authorization by official action of the City Council.
(D) Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map
(1) In the event that the Official Zoning District Map file becomes damaged, destroyed, lost, or difficult to
interpret for any reason, the City Council may adopt a new Official Zoning District Map by ordinance
following a public hearing.
(2) The new Official Zoning District Map shall replace and supersede any prior Official Zoning District
Map.
(3) As a true replacement map, the new Official Zoning District Map shall not amend or otherwise change
district boundaries or classifications from the prior Official Zoning District Map.
(E) Zoning Map Reproductions
Reproductions for informational purposes may be made of the Official Zoning District Map.
(F) Zoning Map Adoption
By adoption of this ordinance, the Zoning Map shall also be adopted.
Subsection 1.04.
1.04.01.
Zoning District Boundaries
District Boundary Interpretation Rules
The district boundary lines shown on the Official Zoning District Map are usually along streets, alleys, property
lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official
Zoning District Map, the following rules shall apply.
(A) Centerlines
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be
construed to follow such centerline.
(B) Platted Lot Lines
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot
lines.
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General Provisions
Zoning Ordinance
(C) City Limits
Boundaries indicated as approximately following City limits shall be construed as following City limits.
(D) Railroad Lines
Boundaries indicated as following railroad lines shall be construed to be midway between the right-ofway lines.
(E) Shore Lines
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the
event of change in the shore line shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the centerline of streams, lakes, or other bodies of water shall be
construed to follow such centerline, and in the event of change in the centerline, shall be construed to
move with such centerline.
(F) Parallel to or Extensions of Features
Boundaries indicated as a parallel to or extensions of features indicated in Subsections (A) through (E)
above shall be so construed. Distances not specifically indicated on the original zoning maps shall be
determined by the scale of the map.
(G) Interpretation of Zoning District Boundaries
Where physical features existing on the ground are in conflict with those shown on the Official Zoning
District Map, or in other circumstances not covered by (A) through (F) above, the Board of Adjustment
shall interpret the district boundaries and require its inclusion on the Official Zoning District Map.
(H) Vacated Public Way
Whenever any street, alley, or other public way is vacated by official action of the City Council or
whenever such area is franchised for building purposes, the vacated area shall be released to the
adjoining properties and the zoning extended to the centerline. Otherwise, the vacated property shall be
rezoned according to Subsection 6.03 Zoning Text and Map Amendments.
(I) Boundary as a Condition of Zoning Approval
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the
street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to
the street.
Subsection 1.05.
1.05.01.
Compliance Required/Interpretation/Rules of Construction
Compliance Required
(A) Applicability
Compliance with the Zoning Ordinance shall be required for all land, buildings, structures or
appurtenances located within the City that are hereafter:
(1) Occupied,
(2) Used,
(3) Erected,
(4) Altered,
General Provisions
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(5) Removed,
(6) Placed,
(7) Demolished, or
(8) Converted.
(B) Compliance with Zoning District
The land, buildings, structures or appurtenances described in (A) above shall be in conformance with the
zoning regulations prescribed for the zoning district in which such land or building is located as
hereinafter provided or subject to penalties as per Subsection 7.02 Penalty for Violations of this
Ordinance.
1.05.02.
Interpretation
(A) Restrictiveness
Where the regulations imposed herein are either more restrictive or less restrictive than the development
standards imposed by any other provision of any other applicable law, ordinance, resolution, rule or
regulation of any kind, the regulations that are more restrictive and impose higher standards are the
requirements that shall govern.
(B) Cumulative Effect
The provisions of these regulations are cumulative and additional limitations upon all other laws and
ordinances heretofore passed or that may be passed hereafter governing any subject matter set forth in
the provisions of these regulations.
(C) Error Correction
In the event that any property or Zoning District set forth on the Zoning District Map as provided in
Subsection 1.03 Zoning District Map of this Ordinance is misnamed, designated incorrectly, the
boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be
amended and/or supplemented according to the following.
(1) Applicants
The property owner of said tract, the City Council, or the Planning & Zoning Commission may submit
an application to the Zoning Administrator to initiate the error correction process.
(2) Process
The error correction shall be processed as a zoning map or text amendment according to Subsection
6.03 Zoning Text and Map Amendments.
(D) Authority to Interpret the Zoning Ordinance
(1) When a question exists to the meaning or interpretation of this Zoning Ordinance, the Zoning
Administrator shall have the authority to determine the intent.
(2) A person aggrieved by the Zoning Administrator’s interpretation may appeal the interpretation to the
Board of Adjustment pursuant to 6.11.01. Appeal of an Administrative Decision.
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General Provisions
Zoning Ordinance
1.05.03.
Rules of Construction
The language set forth in these regulations shall be interpreted in accordance with the following rules of
construction.
(A) Number
The singular number includes the plural and the plural the singular.
(B) Tense
The present tense includes the past and future tenses and the future the present.
(C) Mandatory and Permissive Language
The word "shall" and "must" are mandatory while the word "may" is permissive.
(D) Gender Terms
The masculine gender includes the feminine and neuter.
(E) Parentheses
Any word appearing in parentheses directly after a word herein defined shall be construed in the same
sense as that word.
(F) Conflicts
If there is an expressed conflict:
(1) The text of this Ordinance controls over the charts or any other graphic display in this Ordinance; and
(2) The use regulations control over the district regulations in this Ordinance.
General Provisions
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Subsection 1.06.
1.06.01.
Nonconforming Uses, Structures, and Lots
Intent of Provisions
(A) Existence of Nonconformities
(1) The purpose of this section is to establish provisions for the allowance and potential alteration of
uses, lots, and/or structures that do not conform to currently applicable standards or regulations, but
that were in conformance with standards in place at the time of their inception, and have been
rendered nonconforming due to a change in the applicable standards and regulations.
(a) Nonconformities occur in three (3) general categories, or combinations thereof:
1.
Nonconforming lots as described in 1.06.02. (A)(1) below. For example, a nonconforming lot
can be nonconforming as to lot area or dimension requirement.
2.
Nonconforming structures as described in 1.06.02. (A)(1) below. For example, a
nonconforming structure can be nonconforming as to a dimension requirement, masonry
requirement, or landscaping requirement.
3.
Nonconforming uses are uses as described in 1.06.02. (A)(1) below. For example, a
nonconforming use can be the actual use, or the parking requirement associated with that
particular use.
(2) It is the declared intent of this section that nonconforming uses and structures eventually be
eliminated and be required to comply with the regulations of the Zoning Ordinance, having due
regard for the property rights of the person affected, the public welfare, and the character of the
surrounding area.
1.06.02.
Establishment of Legal Nonconforming Status
(A) Existence
For purposes of interpretation of this subsection, any uses, structures, or lots that in whole or part are not
in conformance with current zoning standards shall be considered as follows.
(1) Legal Nonconforming
Those uses, structures, or lots that in whole or part are not in conformance with current zoning
standards, but were legally established at a prior date at which time they were in conformance with
applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to
the provisions of this subsection.
(2) Illegal Status
Those uses, structures, or lots that in whole or part are not in conformance with current zoning
standards and were not in conformance with applicable standards at the time of their inception shall
not be considered legal nonconforming, but shall be considered illegal uses, structures, or lots and
shall not be approved for any alteration or expansion, and shall undertake necessary remedial
measures to reach conformance with current standards, or be discontinued.
(B) Time of Adoption
Any use, platted lot, or structure that is a lawful use at the time of the adoption of any amendment to this
Ordinance but by such amendment is placed in a district wherein such use, platted lot, or structure is not
otherwise permitted shall be deemed legal nonconforming.
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General Provisions
Zoning Ordinance
1.06.03.
Burden of Demonstration
The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall
be borne by the owner or proponent of such nonconformity.
1.06.04.
Continuing Lawful Use of Property and Existence of Structures
(A) Discontinuance of Nonconforming Use
(1) If a nonconforming use shall cease operations for a period of more than six (6) months, then such
nonconforming use shall be deemed to be permanently discontinued. Unless the Board of
Adjustment reinstates the nonconforming rights pursuant to Subsection 6.10 Reinstatement of
Nonconforming Rights of this Ordinance, such a use shall not be instituted on that parcel or other
parcel in any district that does not permit the discontinued use.
(2) For the purpose of this paragraph, to “cease operations” shall mean to intentionally terminate
operations of the nonconforming use. Any nonconforming use that does not involve a permanent
type of structure or operation and that is moved from the premises shall be considered to have been
discontinued, regardless of intent.
(B) Reinstatement of Nonconforming Use Rights
An owner and/or operator of a nonconforming use that has been deemed permanently abandoned
pursuant to (A) above may request that the nonconforming rights to the use be reinstated pursuant to
Subsection 6.10 Reinstatement of Nonconforming Rights of this Ordinance.
(C) Prohibited Expansion or Reoccupation
A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or
increased as of the effective date of this Ordinance except as provided in 1.06.06. below.
(D) Existing Platted Lots are Conforming Lots
Any existing lot platted prior to May 6, 2014, which was legally conforming, shall be deemed a conforming
lot.
1.06.05.
Changing Uses and Nonconforming Rights
(A) Nonconforming Use to Conforming Use
Any nonconforming use may be changed to a conforming use, and once such change is made, the use
shall not be changed back to a nonconforming use.
(B) Nonconforming Use to another Nonconforming Use
A nonconforming use may not be changed to another nonconforming use.
(C) Conforming Use in a Nonconforming Structure
Where a conforming use is located in a nonconforming structure, the use may be changed to another
conforming use by the process outlined in 1.06.06. below.
1.06.06.
Expansion of Nonconforming Uses and Structures
An expansion of a nonconforming use or structure is allowed in accordance with the following.
General Provisions
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(A) Nonconforming Use Expansion in Existing Building
(1) A nonconforming use located within a building may be extended throughout the existing building,
provided:
(a) No structural alteration may be made on or in the building except those required by law to
preserve such building in a structurally sound condition; and
(b) The number of dwelling units or rooms in a nonconforming residential use shall not be increased
so as to exceed the number of dwelling units or rooms existing at the time said use became a
nonconforming use.
(2) Nonconforming use within a building shall not be extended to occupy any land outside the building.
(B) Off-Street Loading, Parking, and Landscaping Requirements
Requirements for parking and landscaping for a nonconforming structure shall be as stated in the
Supplementary Ordinances.
(C) Residential Lot Exemption
The minimum residential lot areas for the various zoning districts shall be in accordance with their
respective districts, except that a lot having less area than herein required that was an official "lot of
record" prior to May 6, 2014 may be used for a single-family dwelling.
(D) Nonconforming Building Expansion with Conforming Uses
Buildings or structures that do not conform to the area regulations or development standards in this
Ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than
ten (10) percent from the date when the building became nonconforming. The expansion must be
conforming.
(E) Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed
Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet
the current area regulations or development standards shall be allowed to be reoccupied only by a
conforming use.
1.06.07.
Restoration of Nonconforming Structures
(A) Total Destruction
If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt
except to conform to the provisions of this Ordinance.
(B) Partial Destruction
In the case of partial destruction of a nonconforming structure up to fifty-one (51) percent of its total
appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing
square footage or function of the nonconforming structure cannot be expanded.
1.06.08.
Movement of Nonconforming Structures
(A) Relocation of a Nonconforming Structure within a Platted Lot
Nonconforming structures may be relocated within the same platted lot.
(B) Compliance
Nonconforming structures shall comply with all setback and screening requirements once relocated.
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General Provisions
Zoning Ordinance
1.06.09.
Completion of Structures
Nothing herein contained shall require any change in the plans, construction, or designated use of the
following.
(A) Approved Building
A building or structure for which a building permit has been issued or a site plan approved prior to May 6,
2014.
(B) Building in the Approval Process
A building or structure for which a complete application for a building permit was accepted by the
Building Official on or before the effective date of these regulations, provided however, that such building
permit shall comply with all applicable ordinances in effect on the date such application was filed.
General Provisions
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General Provisions
Zoning Ordinance
Section 2. Zoning Districts
Subsection 2.01.
Zoning Districts Established
The City is hereby divided into the following zoning districts. The use, height and area regulations as set out
herein apply to each district. The districts established herein shall be known as the following.
Table 1. Zoning Districts Established
Section
District
Page Number
Residential Zoning Districts
2.03.01.
2.03.02.
2.03.03.
2.03.04.
2.03.05.
2.03.06.
2.03.07.
SF-E Single-Family Residential Estate
SF-10 Single-Family Residential
MF-1 Two-Family (Duplex) Residential
MF-2 Multiple-Family Residential Medium Density
MF-3 Multiple-Family Residential High Density
MH Manufactured Home (HUD Code)
2.04.01.
2.04.02.
2.04.03.
2.04.04.
2.04.05.
P Professional Office
R Retail
LC Light Commercial
HC Heavy Commercial
I Industrial
16
18
20
22
24
26
28
Nonresidential Zoning Districts
30
32
34
36
38
Special Zoning Districts
2.05.01.
Subsection 2.02.
MX Mixed Use
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Equivalency Table
The following table will identify zoning districts adopted in the previous Ordinance <######> and the district
that now applies in this Ordinance to those districts.
Table 2. Zoning District Equivalency
Previous Zoning District
R-1L Single-Family Residential Large Lot
R-1 Single-Family Residential
R-2 Two-Family Residential
R-3 Multiple Family Low Density
R-4 Multiple Family High Density
C-1 Restricted Commercial
C-2 General Commercial
C-3 Multi-Story General Commercial Business
I-1 Light Industrial
I-2 Heavy Industrial
PB Planned Business District
MCU Municipal Complex Use
Current Zoning District
R Retail
LC Light Commercial
HC Heavy Commercial
I Industrial
MX Mixed Use
Zoning Districts
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Subsection 2.03.
2.03.01.
Residential Zoning Districts
(A) Character Description
The SF-E Single-Family Residential
Estate district is established to allow for
larger lots with one-family dwelling
structures per lot. This district is
intended to provide for residential lands
to accommodate more rural settings
and accessory yard uses. Lots should be
generally located in groups, blocks or
areas where the accessory uses of the
land do not either materially or in an
obnoxious manner influence
neighboring properties.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 47.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
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Zoning Districts
Zoning Ordinance
(D) Area Regulations
A
B
C
D
E
F
G
Height
35' maximum
Front Yard
30' minimum
Side Yard Interior
15' minimum
Side Yard - Street
25' minimum
Rear Yard
25' minimum
Building Size
2,000 sq. ft. minimum
Lot Width
80' minimum
Lot Depth
120' minimum
Lot Size
1 acre minimum
Lot Coverage
40% maximum
Zoning Districts
17
2.03.02.
The SF-10 Single-Family Residential
district is a single-family housing district
in the City with lot sizes of
approximately one-quarter of an acre.
Development in this district is limited
primarily to single-family dwellings and
certain community and recreational
facilities to serve residents of the
district.
(B) Permitted Uses
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Zoning Districts
Zoning Ordinance
A
B
C
D
E
F
G
Height
35' maximum
Front Yard
25' minimum
Side Yard Interior
10' minimum
Side Yard - Street
15' minimum
Rear Yard
25' minimum
Building Size
Lot Width
70' minimum
Lot Depth
120' minimum
Lot Size
Lot Coverage
40% maximum
Zoning Districts
19
2.03.03.
The SF-7 Single-Family Residential
district is a single-family housing district
in the City with the most dense single
family homes at about four to five
homes per acre. Development in this
district is limited primarily to singlefamily dwellings and certain community
and recreational facilities to serve
residents of the district.
(B) Permitted Uses
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Zoning Districts
Zoning Ordinance
A
B
C
D
E
F
G
Height
35' maximum
Front Yard
25' minimum
Side Yard Interior
8' minimum
Side Yard - Street
15' minimum
Rear Yard
25' minimum
Building Size
Lot Width
60' minimum
Lot Depth
100' minimum
Lot Size
Lot Coverage
40% maximum
Zoning Districts
21
2.03.04.
The MF-1 Two-Family (Duplex)
Residential district is established to
stabilize and protect characteristics of
low density residential areas. This
district may be suitable as a buffer zone
between single-family and higher
intensity uses. Development in this
district is limited primarily to singlefamily and two-family dwellings, and
certain community and recreational
facilities to service residents of the
district.
(B) Permitted Uses
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Zoning Districts
Zoning Ordinance
Height
2 stories maximum, but not to
exceed 35'
A
Front Yard
25' minimum
B
Side Yard - Interior
8' minimum
C
Side Yard - Street
15' minimum
*No Side Yard Setback When Duplex is Located on Zero Lot Line
D
Rear Yard
E
Building Size
25' minimum
Lot Width
F1
One Dwelling
40' minimum
F2
Two Dwellings
70' minimum
G
Lot Depth
120' minimum
Lot Size
H1
One Dwelling
H2
Two Dwellings
Lot Coverage
50% maximum
Zoning Districts
23
2.03.05.
The MF-2 Multiple-Family Residential
Medium Density district is established
to meet the needs for medium density
residential areas where such
development is in concert with area
aesthetics, is environmentally sound, is
compatible to the neighborhood and
promotes the character of the
community.
(B) Permitted Uses
Uses permitted in this district are
outlined in Subsection 3.02 Use Chart on page 47.
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Zoning Districts
Zoning Ordinance
Height
exceed 45'
A
Front Yard
25' minimum
B
8' minimum
C
Side Yard - Street
15' minimum
D
Rear Yard
25' minimum
Building Size
None
Unit Size
One-Bedroom
Two-Bedroom
Three-Bedroom
F
Lot Width
75' minimum
G
Lot Depth
120' minimum
Lot Size
1-3 Dwelling Units
Each additional
dwelling unit
Lot Coverage
Density
50% maximum
Up to 16 units per gross acre
Zoning Districts
25
2.03.06.
The MF-3 Multiple-Family Residential
High Density district is primarily
intended as the appropriate designation
for lands suitable for higher impact
development and higher volume traffic,
while serving the residential needs for
higher density living quarters.
(B) Permitted Uses
outlined in Subsection 3.02 Use Chart on
page 47.
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Zoning Districts
Zoning Ordinance
Height
4 stories maximum, but not
to exceed 55'
Front Yard
25' minimum
8' minimum
C
Side Yard - Street
15' minimum
D
Rear Yard
20' minimum
E
Building Size
A
None
Unit Size
One Unit
Two Units
Three Units
F
Lot Width
75' minimum
G
Lot Depth
100' minimum
Lot Size
1-3 Dwelling Units
For each additional
dwelling unit
Lot Coverage
Density
50% maximum
Up to 24 units per gross acre
Zoning Districts
27
2.03.07.
The purpose of the MH Manufactured
Home (HUD Code) district is to provide
adequate space and restrictions for the
placement of HUD-Code manufactured
homes in the City within designated
subdivisions. This does not include
Mobile Homes, as defined in Section 8.
Definitions. This district is also
established to provide housing densities
compatible with existing and proposed
neighborhoods by providing alternative
housing types both in construction and
economy within the MH district. No
HUD-Code manufactured home shall be
allowed on any parcel or lot, except on parcels or lots within this district.
(B) Permitted Uses
28
Zoning Districts
Zoning Ordinance
A
B
C
D
E
F
G
Height
35' maximum
Front Yard
25' minimum
Side Yard Interior
8' minimum
Side Yard - Street
15' minimum
Rear Yard
25' minimum
Building Size
Lot Width
50' minimum
Lot Depth
120' minimum
Lot Size
Lot Coverage
None
Zoning Districts
29
Subsection 2.04.
2.04.01.
Nonresidential Zoning Districts
The P Professional Office district is
envisioned to maintain its existing
character of smaller-scale buildings and
generally office-type businesses. A blend
of nonresidential uses should be
incorporated, but focus primarily on
office and medical uses. This area
should be oriented toward pedestrians
over vehicles, when possible.
(B) Permitted Uses
outlined in Subsection 3.02 Use Chart on page 47.
30
Zoning Districts
Zoning Ordinance
A
Height
35’ maximum
Front Yard
25' minimum
None
Side Yard - Adjacent
to Residential
District
Same as adjacent residential
district
C
Side Yard - Street
D
Rear Yard
Rear Yard - Adjacent
to Residential Lot
15' minimum
None
district
E
Building Size
None
F
Lot Width
None
G
Lot Depth
None
Lot Size
None
Lot Coverage
None
Zoning Districts
31
2.04.02.
R Retail
The R Retail district is intended to
provide locations for various types of
general retail trade, business and service
uses for services to one or more
neighborhoods. These areas should be
safely accessible for pedestrians, but may
be oriented toward auto traffic. Many of
these lots are small in area, and
combining lots (i.e., replatting) within the
district is desirable.
(B) Permitted Uses
32
Zoning Districts
Zoning Ordinance
R Retail
A
Height
35’ maximum
Front Yard
25' minimum
None
Side Yard - Adjacent
to Residential
District
district
C
Side Yard - Street
D
Rear Yard
Rear Yard - Adjacent
to Residential Lot
15' minimum
None
district
E
Building Size
None
F
Lot Width
None
G
Lot Depth
None
Lot Size
None
Lot Coverage
None
Zoning Districts
33
2.04.03.
LC Light Commercial
The LC Light Commercial district is
intended to provide for a variety of
office, retail, service, and commercial
uses for the purpose of creating a
quality mixture of land uses along the
roadway. Although these may be
heavier uses, the view from major
roadways should be aesthicallypleasing. Outside storage should be
limited, and adequately screened from
the roadway.
(B) Permitted Uses
34
Zoning Districts
Zoning Ordinance
LC Light Commercial
A
Height
90’ maximum
Front Yard
25' minimum
None
Side Yard -Adjacent
to Residential
District
district
C
Side Yard - Street
D
Rear Yard
Rear Yard -Adjacent
to Residential Lot
15' minimum
None
district
E
Building Size
None
F
Lot Width
None
G
Lot Depth
None
Lot Size
None
Lot Coverage
None
Zoning Districts
35
2.04.04.
HC Heavy Commercial
The HC Heavy Commercial district is
intended to provide for more intensive
uses, such as light manufacturing and
assembly. These businesses may utilize
outside storage, produce moderate
amounts of noise, and should not be
visible from the City’s major roadways
to preserve the community’s image.
(B) Permitted Uses
36
Zoning Districts
Zoning Ordinance
HC Heavy Commercial
Height
A
Front Yard
None
25' minimum
None
Side Yard Adjacent to
Residential District
district
C
Side Yard - Street
15' minimum
D
Rear Yard
Rear Yard Adjacent to
Residential Lot
None
district
E
Building Size
None
F
Lot Width
None
G
Lot Depth
None
Lot Size
None
Lot Coverage
None
Zoning Districts
37
2.04.05.
I Industrial
The I Industrial district is intended
primarily for uses in the conduct of
manufacturing, assembly, and
fabrication, and for warehousing,
wholesaling, and service operations.
Such uses at times may produce
moderate levels of noise, dust, and
smoke.
(B) Permitted Uses
38
Zoning Districts
Zoning Ordinance
I Industrial
Height
A
C
Front Yard
None
25' minimum
None
district
Side Yard - Street
15' minimum
Rear Yard
None
E
Building Size
None
F
Lot Width
None
G
Lot Depth
None
Lot Size
None
Lot Coverage
None
Zoning Districts
39
Subsection 2.05.
2.05.01.
Special Zoning Districts
MX Mixed Use
The MX Mixed Use district is intended
to create unique, pedestrian-friendly
areas with a blend of residential and
nonresidential uses. These districts may
include vertical mixed use (typically
residential or office above a retail use)
or horizontal mixed use (individual uses
located adjacent to one another).
(B) Permitted Uses
40
Zoning Districts
Zoning Ordinance
MX Mixed Use
Height
A
C
Front Yard
exceed 55'
10' minimum
None
Same as adjacent residential district
Side Yard - Street
10' minimum
Rear Yard
Rear Yard Adjacent to
Residential Lot
None
Same as adjacent residential district
E
Building Size
None
F
Lot Width
None
G
Lot Depth
None
Lot Size
None
Lot Coverage
None
Zoning Districts
41
2.05.02.
SUP Specific Use Permit
(A) General Description and Authorization
The uses listed under the various districts within the Use Chart as Specific Use Permits (SUPs) are so
classified because they may have use characteristics or environmental impacts that could negatively
impact adjacent land uses if not properly planned or buffered.
(1) Consideration for Compatibility
With consideration given to setting, physical features, compatibility with surrounding land uses,
traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing
or planned land uses.
(2) Review and Approval Authorities
(a) The City Council shall review each case on its own merit, apply the criteria established herein,
and, if appropriate, authorize said use by granting a Specific Use Permit for the use.
(b) The Planning & Zoning Commission shall recommend to the City Council approval, approval with
modifications, or denial for each Specific Use Permit.
(3) Time Limit
City Council may choose to place a time limit on an SUP to allow periodic reviews of the impact of the
use on surrounding properties.
(B) Application and Site Plan Required
Application and public hearing procedures for a Specific Use Permit shall be completed in the same
manner as an application for rezoning. A site plan shall be included with the application as outlined in
Subsection 6.06 Site Plan Requirements.
(1) The Planning & Zoning Commission or City Council may require additional information or drawings
(such as building floor plans), operating data and expert evaluation or testimony concerning the
location, function and characteristics of any building or use proposed.
(2) The site plan shall comply with the standards of Subsection 6.06 Site Plan Requirements.
(C) SUP Procedure and Other Regulations
See Subsection 6.08 Specific Use Permit (SUP) for procedures and other regulations.
42
Zoning Districts
Zoning Ordinance
2.05.03.
PD Planned Development
(A) General Description and Purpose
The PD District is a district that accommodates coordinated development that provides a more flexible
regulatory structure than the zoning districts outlined in this Ordinance. A PD may be used to permit new
or innovative concepts in land utilization or diversification than achieved under conventional zoning
approaches. Procedures are established herein to ensure appropriate use of PD zoning.
(1) The PD designation shall be used for the following purpose(s):
(a) Master planning;
(b) To carry out specific goals of the Comprehensive Plan, City or public/private partnered special
projects, and City Council strategic focus areas;
(c) Development of mixed use, transit-oriented, or traditional neighborhoods with a variety of uses
and housing types; and/or
(d) To preserve natural features, open space, and other topographical features of the land.
(2) The PD designation shall not be used solely for the following purpose(s):
(a) To obtain variances and waivers from existing development standards;
(b) To secure agreements between an applicant and nearby property owners to receive zoning
approval; and/or
(c) To assign responsibility to the City of private deed restrictions or covenants.
(B) Permitted Uses
(1) Any use permitted in this Zoning Ordinance shall be permitted in a PD District if such use is:
(a) Specified in the amending ordinance granting a PD District, or
(b) The amending ordinance shall reference a zoning district that will maintain base requirements
for the PD.
(2) The size, location, appearance, and method of operation may be specified to the extent necessary to
ensure compliance with the purpose of this Zoning Ordinance base zoning district.
(3) Unless specified in the amending ordinance, all buildings and uses shall comply with all City
development requirements.
(C) Updated Standards to the Base Zoning District
(1) If the standards of the base zoning district are amended, then the most recently amended standards
shall apply to a PD district unless the standards have been individually listed within the PD adoption
ordinance as being different from the base zoning district.
(2) Base zoning district amendments are applicable to PD districts and do not require special notice to be
provided to the properties within a PD district.
(D) PD Application and Review Process
See Subsection 6.07 PD Application and Review.
Zoning Districts
43
44
Zoning Districts
Zoning Ordinance
Section 3. Land Uses
Subsection 3.01.
3.01.01.
Use of Land and Buildings
Uses Permitted by District
Land and buildings in each of the zoning districts may be used for any of the indicated uses. No land shall
hereafter be used, and no building or structure shall hereafter be erected, altered, or converted, that is
arranged, designed, or used for purposes other than those uses specified as permitted uses in the district in
which it is located, according to Subsection 3.02 Use Chart and in accordance with Subsection 1.05
Compliance Required/Interpretation/Rules of Construction and the provisions of this Ordinance.
(A) Legend for Use Chart
Base Zoning
P
Use is permitted in district indicated
Use is prohibited in district indicated
S
(#)
3.01.02.
Use is permitted in district upon approval of a Specific Use Permit
Use is permitted in the district indicated (unless otherwise noted) if the use complies
with conditional development standards or limitations in the corresponding numeric
end note in 3.02.01. Conditional Development Standards.
Classification of New and Unlisted Uses
It is recognized that new types of land use will develop and forms of land use not presently anticipated may
seek to locate in the City. The Zoning Administrator has the authority to classify the use as similar to an
existing use classification. If the Zoning Administrator is unable to classify the use under one of the existing
listed uses, then the Zoning Administrator shall initiate a zoning text amendment pursuant to procedures set
forth in this Ordinance.
Land Uses
45
46
Land Uses
Zoning Ordinance
Use Chart
Parking
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
MX Mixed Use
I Industrial
Special
HC Heavy
Commercial
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
MF-3 Multiple-Family
Residential High
Density
S
Residential Medium
Density
SF-7 Single-Family
Residential
S
MF-1 Two-Family
(Duplex) Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
LC Light Commercial
Subsection 3.02.
Residential Uses
Bed and Breakfast Inn
S
1 space per guest room in addition to
the requirements for a normal
residential use
Caretaker's/Guard's Residence
S
Garage Apartment
P
S
S
Guest House
P
P
P
P
(1)
Live/Work Units
S
Manufactured Home (HUD Code)
(2)
(2)
(2)
(2)
Multifamily Residence
S
S
S
S
Live-Above Mixed Use
Modular (Industrialized) Home
S
(2)
(2)
S
S
(1)
S
1 space per sleeping quarters
S
1 space per unit
P
1 space per unit
(1)
S
Shared parking analysis required
2 spaces per dwelling unit
P
(2)
S
Studio: 1 space per dwelling unit
1-2 BR: 2 spaces per dwelling unit
3+ BR: 0.5 spaces per add’l bedroom
Parish House or Parsonage
P
P
P
P
P
P
P
Senior Housing
S
S
S
S
S
S
S
S
Independent living: 1 space per unit
Assisted living: 0.5 spaces per unit
Single-Family Residence, Detached
P
P
P
P
P
P
P
S
Townhome
S
P
P
S
S
2 spaces per dwelling unit, plus 1 per 4
units for guest parking
Two-Family Residence (Duplex)
P
P
P
S
P
P
P
P
No additional parking required
Nonresidential Uses
Accessory Structure
P
P
P
P
P
P
P
P
Airport/Heliport
Antenna
P
S
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
S
P
S
S
S
S
Antique Shop and Used Furniture
Artisan's Workshop
(3)
(3)
Site analysis required
(3)
S
1 space per 600 square feet
P
S
Without fixed seating: 50 spaces per
field
With fixed seating: 1 space per 4 seats
or bench seating spaces
Athletic Stadium or Field, Private
S
S
S
S
S
S
S
S
S
S
S
S
S
Athletic Stadium or Field, Public
P
P
P
P
P
P
P
P
P
P
P
P
P
S
P
Auction House
Auto Parts Sales, Inside
Auto Parts Sales, Outside
P
P
P
S
S
P
Land Uses
47
S
P
P
P
P
P
Automobile Sales, Used
1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
P
Automobile Sales/Leasing, New
S
S
Automobile Storage
P
P
Bank, Savings and Loan, or Credit Union
P
P
P
Beauty Salon/Barber Shop
P
P
P
Boat Sales and Repair
P
P
Body Art Studio
S
P
1 space per 1,000 square feet of lot area
P
P
1 space per 200 square feet, minimum
of 5 spaces
outdoor uses
P
P
Parking
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
S
MX Mixed Use
I Industrial
Automobile Repair, Minor
HC Heavy
Commercial
Automobile Repair, Major
Special
LC Light Commercial
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
Residential High
Density
Residential Medium
Density
MF-1 Two-Family
SF-7 Single-Family
Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
S
of 5 spaces
S
P
P
S
outdoor uses
P
P
P
P
S
P
P
P
P
P
S
P
P
P
P
P
Car Wash, Self Service
S
P
Carpet Cleaners
S
P
P
S
S
S
Building Material and Hardware Sales, Major
Building Material and Hardware Sales, Minor
Business Service
P
Cabinet/Upholstery Shop
Car Wash, Full Service
S
Cemetery or Mausoleum
S
S
S
Child-Care: Foster Family Home (Independent)
P
P
P
Child-Care: Foster Group Home (Independent)
P
P
P
Child-Care: Licensed Child-Care Center
S
S
S
S
S
S
S
2 spaces plus required stacking per car
wash bay
S
P
P
P
1 space per 12 students, plus required
residential parking
P
S
P
P
P
P
S
1 space per 8 pupils plus 1 space per
employee
Child-Care: Licensed Child-Care Home
S
S
S
employee, plus required residential
parking
Child-Care: Listed Family Home
S
S
S
Child Care: Registered Child-Care Home
S
S
S
employee, plus residential parking
48
Land Uses
Zoning Ordinance
MH Manufactured
Home (HUD Code)
R Retail
LC Light Commercial
HC Heavy
Commercial
I Industrial
MX Mixed Use
P
P
P
P
P
P
P
P
P
P
Parking
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
Residential High
Density
P
Special
Residential Medium
Density
SF-7 Single-Family
Residential
P
Nonresidential
MF-1 Two-Family
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
1 space per 100 square feet of gross
floor area of the main sanctuary, or 1
space per 3 seats in sanctuary
P
P
P
S
1 space per 4 students
Commercial Amusement, Indoor
P
P
P
S
Standalone: 1 space per 100 square feet
In-line: 1 space per 250 square feet
Commercial Amusement, Outdoor
S
P
P
S
1 space per 500 square feet of site area
exclusive of building
Church, Temple, Synagogue, Mosque, or Other Place
of Worship
P
College, University, Trade, or Private Boarding School
Community Center
P
S
S
S
S
S
S
P
Computer Repair
P
P
P
P
P
S
10 parking spaces plus 1 additional
space per 300 square feet of floor area
in excess of 2,000 square feet. If an
auditorium is included as a part of the
building, its floor area shall be deducted
from the total and additional parking
provided on the basis of 1 space for
each 4 seats that it contains.
P
P
P
P
Concrete/Asphalt Batching Plant, Permanent
Concrete/Asphalt Batching Plant, Temporary
Construction Yard and Field Office, Temporary
P
P
P
P
P
P
P
P
P
Contractor’s Shop and/or Storage Yard
Convenience Store with Drive-Through
S
Convenience Store with Fuel Pumps
Convenience Store without Fuel Pumps
Day Services, Adult
Drivers Education Training
S
S
S
S
S
S
S
(4)
(4)
(4)
(4)
1 space per employee at maximum
shift, but not less than 1 space per 1,000
square feet
P
P
P
P
square feet
S
S
P
S
Electrical Power Generating Plant
square feet
S
1 space per 200 square feet. Parking in
front of pump stations shall be counted
towards meeting the required parking.
A minimum of 6 parking spaces shall be
provided adjacent to the main building.
(5)
(5)
(5)
(5)
(5)
(5)
P
P
P
P
P
S
P
P
P
P
P
P
S
S
P
P
P
S
S
P
P
P
Dry Cleaning, Major
Dry Cleaning, Minor
square feet
S
P
P
P
S
P
of 5 spaces, minimum of 5 spaces
Site analysis required; 1 space per
employee plus 1 per storage vehicle
Land Uses
49
I Industrial
P
P
P
S
P
P
P
P
S
P
P
1 space per 4 seats, 1 space per 200
square feet, or 1 space per 500 square
feet of site area, whichever is greater
S
S
S
S
P
P
P
P
S
P
P
S
P
P
P
Equipment and Machinery Sales and Rental, Major
Equipment and Machinery Sales and Rental, Minor
P
Fairground, Exhibition Area, or Rodeo Arena
Farmer's Market
S
Feed Store
Flea Market, Inside
Flea Market, Outside
Floor or Window Covering Store
P
P
P
P
Florist or Gift Shop
P
Fortune Teller/Psychic
S
Fraternal Organization, Lodge, Civic Club, Fraternity, or
Sorority
P
P
P
(6)
(6)
(6)
(6)
(6)
S
P
P
S
S
Fuel Pumps (Accessory Use)
Furniture Restoration
P
Golf Course and/or Country Club
S
S
S
Golf Course, Miniature
S
S
S
P
P
P
Grocery
P
P
Gymnastics/Dance Studio
P
P
Governmental Office
P
P
P
P
P
P
P
Hall, Reception/Banquet/Meeting
P
P
Hospital
(8)
(8)
(8)
(8)
Land Uses
1 space per 500 square feet of site area
S
S
P
(6)
1 space per 1,000 square feet
1½ parking spaces per hole (or tee), plus
1 space for each 100 square feet of
game room area
P
P
S
P
S
(7)
S
P
P
(7)
P
5 spaces for commercial pad; 2 spaces
for private pad
P
(8)
P
Hotel/Motel
50
(8)
S
S
(8)
2 spaces per booth
9 spaces per hole, plus 1 space for each
150 square feet of floor area of
clubhouse/rooms
Helistop
Home Occupation
S
S
(7)
Health/Fitness Center
Parking
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
HC Heavy
Commercial
P
MX Mixed Use
LC Light Commercial
Entertainment Equipment Rental
Special
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
Residential High
Density
Residential Medium
Density
MF-1 Two-Family
SF-7 Single-Family
Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
P
P
(9)
(9)
P
P
P
(9)
1 space per employee on the largest
shift, plus 1½ spaces per each bed or
examination room, whichever is
applicable
1 space per sleeping room or suite plus
commercial floor area contained therein
Zoning Ordinance
Hotel, Extended Stay
Household Care Facility
1 space per sleeping room or suite plus
commercial floor area contained therein
(10)
(11)
(11)
(11)
(11)
(11)
(11)
1 space per bedroom, in addition to
required residential parking
(11)
Indoor Gun or Archery Range
S
Laundromat
Locksmith/Security System Company
P
P
P
P
P
P
P
P
P
1 space per 2 employees or 1 space per
1,000 square feet, whichever is greater
P
1 space per employee of maximum
shift, plus 1 space per 1,000 square feet
P
1 space per employee of maximum
shift, plus 1 space per 1,000 square feet
Manufacturing, General
Manufacturing, Light
S
P
1 space per 500 square feet of indoor
facilities, plus 1 space per lane or target
S
P
Machine Shop
Massage Therapy, Licensed
Parking
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
MX Mixed Use
I Industrial
Special
HC Heavy
Commercial
LC Light Commercial
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
Residential High
Density
Residential Medium
Density
MF-1 Two-Family
SF-7 Single-Family
Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
P
P
P
S
S
P
Massage Therapy, Unlicensed
Mini-Warehouse/Self-Storage
P
4 spaces per complex located outside of
the security gates and accessible to the
public. Interior parking spaces for
loading and unloading may be included
as parallel spaces between the fire lane
and storage buildings.
S
S
Miscellaneous Hazardous Industrial Use
Mobile Food Vendor
(12)
Mortuary/Funeral Parlor
(12)
P
Motorcycle Sales/Service
Municipal Uses Operated by the City
Museum/Art Gallery
P
P
P
P
P
P
P
P
P
P
P
(12)
(12)
(12)
P
P
1 space per 50 square feet of floor
space in slumber rooms, parlors or
individual funeral service rooms
P
P
P
outdoor uses
P
P
P
P
Nightclub or Dance Hall
P
Nursery, Major
S
P
P
(12)
2 spaces per vendor/truck
P
P
10 spaces plus 1 additional space per
300 square feet of floor area in excess
of 2,000 square feet. If an auditorium is
included as a part of the building, its
floor area shall be deducted from the
total and additional parking provided on
the basis of 1 space for each 4 seats that
it contains.
S
P
Land Uses
51
Nursery, Minor
Nursing/Convalescent Home
S
S
P
(13)
(13)
(13)
(13)
(13)
(13)
(13)
(13)
P
P
P
S
S
S
S
S
1 space per 5 beds
P
(13)
Outside Storage and Display (Incidental Use)
P
P
P
P
P
P
(13)
(13)
(13)
(13)
S
S
P
S
Outside Storage and Display (Primary Use)
P
P
P
P
P
P
P
P
P
P
P
P
Pawn Shop or Alternative Financial Services
Pet Care and Grooming, Indoor
P
P
Pet Care and Grooming, Outdoor
Pharmacy
P
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
P
Office/Showroom
Park or Playground
MX Mixed Use
P
P
Office, Administrative, Medical, or Professional
Parking
1 space per 5,000 square feet of
outdoor storage area. Any associated
sales or office area shall be calculated at
1 space per 200 square feet.
Office and Storage Area for Public/Private Utility
Oil Well/Gas Well and Mineral Extraction
I Industrial
Special
HC Heavy
Commercial
LC Light Commercial
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
Residential High
Density
Residential Medium
Density
MF-1 Two-Family
SF-7 Single-Family
Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
P
P
P
P
P
P
P
P
P
1 space per employee on maximum
shift, plus 1 per storage vehicle
Admin or Professional: 1 space per 300
square feet; Medical under 20,000
square feet: 1 space per 200 square
feet; Medical over 20,000 square feet:
see requirement for Hospitals
shift, plus 1 space to accommodate all
trucks and other vehicles
P
S
P
P
Portable Building Sales
S
P
1 space per 300 square feet of office
area; 1 space per 1,000 square feet of
storage area
Print Shop, Major
P
P
Print Shop, Minor
Private Utility (other than listed)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
1 space per site, plus 1 space per
storage vehicle
Recreational Vehicle Sales and Service, New/Used
P
outdoor uses
Recreational Vehicle/Truck Parking Lot or Garage
S
Recycling Center
S
P
gross floor area of the processing center
Recycling Collection Point
P
P
52
Land Uses
Zoning Ordinance
Recycling Plant
S
(14)
(14)
(14)
(14)
(14)
(14)
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
MX Mixed Use
Parking
gross floor area of the processing center
Under 20,000 square feet: 1 space per
200 square feet; Over 20,000 square
feet: see requirement for Hospitals
P
Rehabilitation Care Institution
Rehabilitation In-Home Care
I Industrial
Special
HC Heavy
Commercial
LC Light Commercial
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
Residential High
Density
Residential Medium
Density
MF-1 Two-Family
SF-7 Single-Family
Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
S
(14)
Research and Development Center (with Animals)
S
S
S
P
P
P
Research and Development Center (without Animals)
S
Restaurant
P
P
P
P
P
Restaurant, Drive-In
P
P
P
P
P
P
P
P
P
Retail, Big Box
1 space per 350 square feet. Medical
facilities over 20,000 square feet shall
use the parking standards set forth for
hospitals.
P
Standalone: 1 space for each 100 square
feet
In-line: 1 space per 200 square feet
S
Retail, Stores and Shops
P
P
P
P
Retail/Service, Incidental
P
P
P
P
1 space per 1,000 square feet, plus
storage for all vehicles on site
School District Bus Yard
(15)
(15)
(15)
(15)
(15)
(15)
(15)
(15)
(15)
(15)
(15)
(15)
C
School, Private
S
S
S
S
S
S
S
P
P
P
P
P
P
School, Public
P
P
P
P
P
P
P
P
P
P
P
P
P
Secondhand or Thrift Shop
P
Senior Living Facility
Sewage Treatment Plant/Pumping Station
S
S
S
S
P
P
S
S
P
S
S
S
S
S
Sexually Oriented Uses
Small Engine Repair Shop
Sporting Goods Store
P
P
S
P
P
P
P
P
Taxidermist (Indoors)
Telephone Exchange
Temporary Building for New Construction
S
shift, plus 1 per stored vehicle
S
P
P
P
S
P
1space per 2 employees or 1 space per
400 square feet, whichever is greater
P
P
P
P
S
S
S
S
S
S
S
P
P
P
P
P
P
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
S
S
P
P
1 space per 3 seats
Theater, Drive-In
Theater, Neighborhood
1 space per 5 beds
1 space per 2,000 square feet of site
area
P
Storage or Wholesale Warehouse
S
S
P
Stable, Commercial
Stable, Private
Elementary/Middle School: 1 space per
17 students
High School: 1 space per 3.3 students
P
P
Land Uses
53
P
P
Trailer Rental
Transit Center
S
S
S
S
Parking
Minimum
Requirement
(see Section
8(F)Parking
Requirement Based
on Use)
I Industrial
P
MX Mixed Use
HC Heavy
Commercial
Theater, Regional
Special
LC Light Commercial
R Retail
MH Manufactured
Home (HUD Code)
Nonresidential
Residential High
Density
Residential Medium
Density
MF-1 Two-Family
SF-7 Single-Family
Residential
SF-10 Single-Family
Residential
SF-E Single-Family
Residential Estate
Residential
1 space per 4 seats
P
outdoor uses
S
S
Truck Sales, Heavy Trucks
P
outdoor uses
Truck/Bus Repair
P
1space per 2 employees or 1 space per
Utility Distribution/Transmission Line
S
S
S
S
S
S
S
Veterinarian Clinic, Indoor
S
S
S
S
S
P
P
P
S
P
P
P
P
S
S
Veterinarian Clinic, Outdoor
Warehouse/Distribution Center
Water Treatment Plant
Wireless Communications Store
54
Land Uses
S
S
S
S
S
S
S
S
S
S
P
P
P
S
S
S
S
shift, plus 1 space per storage vehicle
P
Zoning Ordinance
3.02.01.
Conditional Development Standards
(A) A use is permitted by-right in the zoning district as indicated in the Subsection 3.02 Use Chart, if the
following conditional development standards or limitations are met.
(1) Live-Above Mixed Use
(a) This classification refers to high density residential housing located above a ground-level
nonresidential business.
(b) The use chart classifications still apply to the nonresidential use; for example, if the ground-level
nonresidential use is a restaurant, then a restaurant must be permitted in that district.
(c) To emphasize the community character and pedestrian scales, building facades shall incorporate
the following elements:
1.
Architectural Elements: Cornice, piers, columns, frieze, quoin, mullion, fenestration,
pilasters, rustication, and/or belt course.
2.
Variation in Wall Plane: Canopies, balconies, and/or awnings.
3.
Change in Materials and Color: Each façade shall incorporate a minimum of two (2) separate
materials or color changes excluding glazing.
(2) Modular (Industrialized) Homes
(a) Modular (Industrialized) Home Requirements
The following requirements shall be met for modular homes.
1.
The modular home meets or exceeds all building code requirements that apply to other
dwelling units concerning on-site construction.
2.
The modular home conforms to all applicable zoning standards for the respective zoning
district.
3.
The modular home is affixed to an approved permanent foundation system.
4.
The Building Official is so notified in writing for the purpose of establishing procedures for
the inspection, issuing of building permits, and compliance with the Texas Manufactured
Housing Standards Act (Article 1221f V.T.C.S.).
5.
The modular home is placed on an approved platted lot.
i.
Per the Texas Occupations Code §1202.253, Modular (Industrialized) homes shall:
(ii) Have a value equal to or greater than the median taxable value for each single-family
dwelling located within 500 feet of the lot on which the industrialized housing is
proposed to be located, as determined by the most recent certified tax appraisal roll for
each county in which the properties are located;
(iii) Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration
compatible with the single-family dwellings located within 500 feet of the lot on which
the industrialized housing is proposed to be located;
(iv) Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets,
subdivision control, architectural landscaping, square footage, and other site
requirements applicable to single-family dwellings; and
Land Uses
55
(v) Be securely fixed to a permanent foundation.
6.
For purposes of 5.i above, “value” means the taxable value of the industrialized housing and
the lot after installation of the housing.
(3) Antenna
Refer to the Communication Towers and Television Receivers Ordinance located in the
Supplementary Ordinances for a complete list of procedures and requirements.
(4) Concrete/Asphalt Batching Plant, Temporary
Requires a temporary building permit issued by the building official.
(5) Convenience Store with Fuel Pumps
Convenience Stores with Gas Pumps shall be subject to the following development standards:
(a) Canopy support columns shall be fully encased with masonry materials that are complementary
to that used on the main building.
(b) The canopy band face shall be of a color consistent with the main structure or an accent color
and may not be backlit or used as signage
(6) Fuel Pumps (Accessory Use)
Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the
following development standards.
(a) Accessory gas pumps must be located on the same lot as a big box tenant.
(b) A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet
in floor area.
(c) Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property
line of a residential lot.
1.
For the purposes of this section, a residential lot means a lot on which a residential use is
located, a lot zoned residential, or a lot designated as residential on the Future Land Use
Plan.
2.
Accessory gas pumps do not have to meet the spacing requirement if:
(i) A major thoroughfare separates the accessory gas pumps from the residential lot; or
(ii) The Future Land Use Plan designates a lot as residential, but City Council subsequently
rezones the property to a nonresidential zoning district and no residential use is located
on the lot.
(d) Canopy support columns shall be fully encased with masonry materials that are complementary
to that used on the main building.
(e) The canopy band face shall be of a color consistent with the main structure or an accent color
and may not be backlit or used as signage.
(7) Hall, Reception/Banquet/Meeting
(a) Reception, banquet or meeting halls may provide live or recorded entertainment, and, may serve
catered meals and alcoholic beverages when the owner or operator holds the appropriate
licenses and permits.
56
Land Uses
Zoning Ordinance
(b) Reception, banquet or meeting halls shall minimize disturbances to surrounding properties,
which includes restricting activities inside the structure or if located outside, no electronically
amplified sound generated shall be audible at any time beyond the boundary of the property on
which the facility is located.
(c) Pre-purchased tickets and ticket sales at the door are not allowed, except as permitted by (d)
below.
(d) Non-profit events (i.e., political fundraisers or a registered charitable program in compliance with
all state statutes) held at a reception, banquet or meeting hall are allowed to be open to the
general public and have pre-purchased tickets and ticket sales at the door.
(e) The certificate of occupancy, occupant load, and hours of operation shall at all times be posted in
a conspicuous place on the premises.
(8) Home Occupation
A Home Occupation shall meet the following requirements:
(a) No persons other than members of the family residing on the premises shall be engaged in such
business;
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes by its occupants, and not more than five hundred (500) square
feet or ten (10) percent of the square footage of the dwelling area, whichever is greater, shall be
used in the conduct of the home occupation;
(c) There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation;
(d) No sign advertising a home occupation shall be placed on property where a home occupation is
conducted. Only one vehicle (motorized or non-motorized), one ton carrying capacity or less
may advertise for the home occupation;
(e) No home occupation shall be conducted in an accessory building;
(f) Any sales in connection with such home occupation shall be clearly secondary to occupancy.
Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a
service shall be allowed; and orders previously made by telephone or at a sales party may be
filled on the premises;
(g) No traffic shall be generated by a home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of a
home occupation shall be met off the street and other than in a required front yard;
(h) No equipment, process or work shall be used or conducted in such home occupation that creates
noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses
off the lot. In the case of electrical interference, no equipment, process or work shall be used or
conducted that creates visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises;
(i) The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn
mower or other small or large engine repair, and any boarding house/rooming house shall not be
permitted as a home occupation or as an accessory use; and
(j) No outside storage or display of any type shall be permitted with any home occupation.
Land Uses
57
(9) Hotel/Motel
Hotel/Motel developments shall be subject to the following development standards.
(a) Shall provide staff on-site 24 hours a day.
(b) Shall provide at least three amenities from the list below.
1.
Indoor/outdoor pool
2.
Spa/sauna
3.
Weight room/fitness center
4.
Playground
5.
Sports court
6.
Plaza/atrium
7.
Game room
8.
Conference room (1,000 square foot minimum)
9.
Full service restaurant (minimum seating capacity of 35)
(c) Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured
linearly from property line to property line from any other Hotel/Motel or Hotel, Extended Stay
property.
(10) Hotel, Extended Stay
Residence Hotel developments shall be subject to the following development standards:
(a) Shall maintain laundry facilities on-site for guest use.
(b) Shall provide staff on-site 24 hours a day.
(c) Shall provide at least three amenities from the list below.
1.
Indoor/outdoor pool
2.
Spa/sauna
3.
Weight room/fitness center
4.
Playground
5.
Sports court
6.
Plaza/atrium
7.
Game room
8.
Conference room (1,000 square foot minimum)
9.
Full service restaurant (minimum seating capacity of 35)
(d) Shall be set back a minimum of one hundred (100) feet from any residential district.
(e) Shall maintain fifteen (15) percent of the lot area as open space, exclusive of required setbacks
and parking areas, but including amenities from the above list except for Conference Room and
Full Service Restaurant.
58
Land Uses
Zoning Ordinance
(f) Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured
linearly from property line to property line from any other Hotel/Motel or Hotel, Extended Stay
property.
(g) A minimum of fifty (50) percent of the room units shall contain kitchen facilities.
(11) Household Care Facility
Must have all required State and Local licenses and permits, and the exterior structure must comply
with development regulations for the applicable zoning district.
(12) Mobile Food Vendor
(a) Mobile food vendors shall provide the City with a copy of written permission from the property
owner on an annual basis to allow the operation of a mobile vendor and to allow the mobile
vendor and their customers access to a commercially plumbed public restroom on-site;
(b) Temporary connections to potable water are prohibited. Water shall be from an internal tank,
and electricity shall be from a generator or an electrical outlet via a portable cord that is in
conformance with the Electrical Code as adopted by the City;
(c) The operator shall possess a City tax certificate showed as paid;
(d) Hours of operation shall be limited to 8 a.m. to 9 p.m., seven days a week;
(e) Signage is allowed on the vehicle or vending unit itself, but no additional or detached signage is
permitted;
(f) A drive through is not permitted in conjunction with the mobile food vendor;
(g) Mobile food vendors shall not operate in required parking spaces, driveways, fire lanes, or public
roads;
(h) Sales of food from a stationary vehicle excludes catering trucks;
(i) Mobile food vendors are prohibited in a temporary building; and
(j) A waste receptacle is required for every mobile food vending unit and waste shall be removed
daily.
(13) Oil Well/Gas Well and Mineral Extraction
Refer to the Gas Well Drilling and Production Ordinance located in the Supplementary Ordinances
and the International Fire Code currently adopted by the City for a complete list of procedures and
requirements.
(14) Rehabilitation In-Home Care
Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured linearly
from property line to property line from any other Rehabilitation Care Facility. Must have all required
State and Local licenses and permits, and the exterior structure must comply with development
regulations for the applicable zoning district.
(15) School District Bus Yard
A School District Bus Yard shall be owned and/or operated by a public Independent School District.
Unless otherwise approved by the City Council, School District Bus Yards shall be screened using one
of the following methods.
Land Uses
59
(a) Option 1
1.
A six (6) foot ornamental metal fence,
2.
Three (3) inch caliper evergreen trees on twenty (20) foot centers, and
3.
Five (5) gallon evergreen shrubs on three (3) foot centers.
(b) Option 2
1.
A six (6) foot clay-fired brick wall, and
2.
Three (3) inch caliper evergreen trees on twenty (20) foot centers.
(16) Temporary Building for New Construction
(a) Temporary buildings and temporary building material storage areas to be used for construction
purposes may be permitted for two (2) years in accordance with a permit issued by the Building
Official. A six (6) month extension may be approved by the Building Official. After the initial
extension is given, the Building Official may approve a second six (6) month extension.
(b) Upon completion or abandonment of construction or expiration of permit, the temporary field
offices and buildings shall be removed.
60
Land Uses
Zoning Ordinance
Section 4. Site Development Requirements
Subsection 4.01.
4.01.01.
Off-Street Parking and Loading Requirements
Purpose
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the
adequate provisions of transportation; to conserve the value of buildings; and to encourage the most
appropriate use of land.
4.01.02.
Requirements
(A) Minimum off-street parking required shall be provided as set forth in Subsection 3.02 Use Chart.
(B) Additional parking requirements are located in the Parking Ordinance.
Site Development Requirements
61
Subsection 4.02.
4.02.01.
Accessory Structure Standards
Residential Accessory Structures
The following regulations apply to all accessory structures located on lots zoned for residential uses, including
but not limited to detached garages, shed, barns, gazebos, and carports.
(A) Residential Accessory Structure Requirements (excluding Carports)
Accessory buildings must adhere to the following requirements:
(1) Dimensions
(a) An accessory structure shall not exceed a height of fifteen (15) feet.
(b) An accessory structure shall not exceed fifty (50) percent of the floor area of the principal
building.
(c) Accessory structures shall be included in the lot coverage calculations.
(2) Location
(a) Accessory structures shall meet the setback requirements of the principal structure.
(b) No accessory structure shall be located in front of the principal structure building face.
(c) Accessory structures are prohibited in easements.
(3) Number
(a) No more than two (2) accessory structures are permitted on a single property.
(b) Lots larger than thirty thousand (30,000) square feet may have up to three (3) accessory
structures.
(4) Materials
(a) Exterior wood and metal siding with a baked-on enamel finish are permitted. Corrugated metal
siding is not permitted.
(b) Construction materials for accessory buildings with a floor area over four hundred forty (440)
square feet must comply with the exterior building material requirements for a main structure.
(B) Carports
(1) Location
Locational requirements for carports within the City shall be as follows:
(a) Front
An attached carport may extend beyond the front building line (setback line), but in no case shall
the structure extend more than twenty-five (25) feet from the point of attachment to the
residence, or encroach upon the street right-of-way or any easement.
(b) Side
A carport shall be set back five (5) feet from the side property line or out of easement, whichever
establishes the greater setback.
62
Zoning Ordinance
(c) Rear
A carport shall be set back five (5) feet from the rear property line or out of easement, whichever
establishes the greater setback.
(2) Construction
Construction requirements for carports within the City shall be as follows:
(a) Parking surface
Carports must be erected over an approved surface.
(b) Size
The roof assembly of a carport shall not exceed twenty-five (25) feet in length or twenty-five (25)
feet in width. The inside vertical clearance of a carport shall not be less than seven (7) feet, nor
more than nine (9) feet.
(c) Roof
1.
Roof design and pitch of a carport shall not exceed that of the main structure.
2.
Carport roofs, if metal, shall be corrosion resistant aluminum or steel painted with a bakedon enamel finish or equivalent.
3.
Metal roof carports must have a minimum slope of one-fourth unit vertical and twelve (12)
units horizontal (2 percent).
(d) Walls
Carports shall have at least two (2) open exterior walls; however, no exterior wall may extend
into the required front yard.
(3) Storage
A carport located in front of the main building shall be used to store only vehicles, including
recreational vehicles, boats and, trailers. All vehicles must be registered. Carports in front of the
main building shall not be used to store any other items.
4.02.02.
Swimming Pools
(A) Requirements
The owner of a lot zoned as residential may construct one in-ground swimming pool, or one above ground
swimming pool, but not both. The location of an above-ground swimming pool will be subject to the
setback requirements for residential accessory structures as provided in 4.02.01. (A)(2) above. The
location of an in-ground swimming pool shall conform to the following setback requirements:
(1) SF-E Single-Family Residential Estate District
(a) Front
The front setback requirement for a swimming pool shall be the front building line established in
this chapter for the applicable zoning district, provided, however, that in no case shall the pool
be closer to the street than the front of the main structure.
63
(b) Side
The side setback requirement for a swimming pool shall be the side building line established in
this chapter for the applicable zoning district.
(c) Rear
The rear setback requirement for a swimming pool shall be six feet.
(2) All Other Residential Zones
The setback requirements for a swimming pool shall be the respective building lines established in
this chapter for the applicable zoning district.
(B) Measurement
All of the foregoing setback requirements shall be measured from that portion of the pool, including
decking and mechanical and electrical equipment, closest to the applicable setback line.
(C) Easements and Safety Codes
Notwithstanding any provision herein to the contrary, no pool shall encroach upon the street right-of-way
or any utility easement. Furthermore, notwithstanding any provision herein to the contrary, no swimming
pool shall be located so as to create or constitute a violation of any building or safety code adopted by the
City, including without limitation the International Residential Code and the Uniform Electrical Code.
4.02.03.
Nonresidential Accessory Structures
(A) Nonresidential Accessory Structures Prohibited
No accessory structure shall be constructed or exist in a nonresidential zone within the City.
4.02.04.
Flags and Flagpoles
(A) Scope
The regulations set out in this section apply to flags and detached flagpoles in all zoning districts.
(B) Setbacks
The minimum setback from any property line, overhead utility line, or public right-of-way shall be a
distance equal to the vertical distance from the ground to the top of the pole.
(C) Number and Size
(1) Residential Zoning Districts
(a) No more than one (1) flagpole shall be allowed per platted lot.
(b) The height of the flagpole shall not exceed twenty-five (25) feet, measured from the natural
grade.
(c) No more than three (3) flags may be displayed on the flagpole located on a lot.
(d) The size of the flag shall be appropriate for the height of the flag pole, but each individual flag
shall in no event exceed twenty-four (24) square feet in area.
(e) Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings
and flags that are displayed flush to the face of the building are not limited in number.
64
Zoning Ordinance
(2) Nonresidential and Multiple Family Zoning Districts
(a) No more than three (3) flagpoles shall be allowed per platted lot.
(b) The height of the flagpoles shall not exceed thirty (30) feet, measured from the natural grade.
(c) No more than two (2) flags may be displayed on the flagpole located on a platted lot.
(d) The size of the flag shall be appropriate for the height of the flag pole, but each individual flag
shall in no event exceed forty (40) square feet in area.
(D) Manner of Display
(1) Furcated poles with multiple mounting structures shall not be allowed.
(2) Flags and insignia of any government shall be displayed in an approved manner pursuant to federal
guidelines in Title 4, United States Code, Chapter 1 (the Federal Flag Code).
4.02.05.
Wind Energy Conversion Systems
(A) Farm or Utility Systems
Wind Energy Conversion Systems, Farm or Utility shall be prohibited within the City.
(B) Small Systems
Wind Energy Conversion Systems, Small are permitted, subject to the following conditions:
(1) Accessory Use
A small wind energy system is allowed as an accessory use in all residential zoning districts.
(2) General Standards
(a) Small wind energy systems are permitted only in the rear yard.
(b) The minimum distance between the ground and any part of a rotor blade must be at least twenty
(20) feet.
(3) Freestanding Systems – Additional Standards
Small wind energy systems may be mounted on a tower detached from other structures on the lot.
(a) Setback
The minimum setback from any property line, overhead utility line, or public right-of-way shall be
a distance equal to the vertical distance from the ground to the tip of a wind generator blade
when the tip is at its highest point unless the affected utility, property owner, or governmental
entity grants written permission for a lesser setback.
(b) Height
Freestanding systems measured from the top blade may not exceed forty-five (45) feet in height.
65
Subsection 4.03.
4.03.01.
Supplementary Regulations
Residential Lot Regulations
(A) Minimum Residential Lot Area and Exceptions
The minimum lot area for the various zoning districts shall be in accordance with the individual districts
except that a lot having less area than herein required, which was an official "lot of record" prior to the
adoption of this Ordinance, May 6, 2014, may be used for a single-family dwelling.
(B) Location of Dwellings and Buildings
(1) One Main Building for Single-Family and Two-Family Use
Only one main building for single-family and two-family use, with permitted accessory buildings, may
be located upon a lot or unplatted tract.
(2) Access
Every means of vehicular access shall have a minimum lot width of twenty-five (25) feet at the
property line.
4.03.02.
Front Yard Setback
(A) Corner Lots
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets,
unless shown specifically otherwise on a final plat.
(B) Block with Split Zoning
Where the frontage on one side of a street between two intersecting streets is divided by two or more
zoning districts, the front yard setback shall comply with the requirements of the most restrictive district
for the entire frontage
Figure 1. Block with Split Zoning
(C) Approved Plats with Established Building Line
The required front yard setback shall comply with the building line so established by such Ordinance or
plat, where a building line has been established by a plat or by ordinance prior to May 6, 2014, and such
line required is a greater or lesser front yard setback than prescribed by this Ordinance for the district in
which the building line is located.
(D) Front Yard Measurements and Considerations
(1) The front yard shall be measured from the property line to the front face of the building, covered
porch, covered terrace or attached accessory building.
66
Zoning Ordinance
(2) Eaves and roof extensions or a porch without posts or columns may project into the required front
yard setback for a distance not to exceed three (3) feet.
Figure 2. Front Yard Measurement
(E) Minimum Front Yard Setback Reduction and Average Setback
(1) The minimum front yard setback requirements may be reduced by a maximum of five (5) feet for all
single-family and duplex uses within all SF-E Single-Family Residential Estate, SF-10 Single-Family
Residential, SF-7 Single-Family Residential, and MF-1 Two-Family (Duplex) Residential zoning
districts provided that at least fifty (50) percent of the structures on a given block are set back an
additional five (5) feet from the original setback.
(2) The average setback along the block shall equal the original setback requirement.
(3) The purpose of this average setback is to encourage a variety of front yard setbacks along a street.
(4) In no case shall the front yard setback be less than twenty (20) feet.
(5) The desired front setbacks for each lot shall be designated on the Final Plat.
Figure 3. Front Yard Setbacks
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(F) Future Right-of-Way Line
Where a future right-of-way line has been established for future widening or opening of a street or
thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future rightof-way line.
4.03.03.
Side Yard Setbacks
(A) Corner Lot Side Yard Setbacks
(1) On a corner lot used for single- or two-family dwellings, both street exposures shall be treated as
front yards on all lots except where one street exposure is designated as a side yard on a lot of record
and separated from the adjacent lot by an alley and separated from the adjacent lot by an alley.
(a) In such case, a building line shall be designated on the plat containing a side yard of fifteen (15)
feet or more.
(2) On lots that were official lots of record prior to May 6, 2014, the minimum side yard adjacent to a
side street shall comply with the minimum required side yard for the respective district. See the
following figures for details:
Figure 4. Side Yard on Corner Lots
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Zoning Ordinance
(B) Open and Unobstructed Side Yards
(1) Every part of a required side yard shall be open and unobstructed from the ground upward except for
accessory buildings as permitted herein and the ordinary projections of window sills, belt courses,
cornices, and other architectural features not to exceed twelve (12) inches into the required side
yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required side yard.
(2) Air conditioning compressors, pool machinery and equipment, and similar appurtenances are
permitted in the side yard, but shall be located a minimum three (3) feet from the property line.
4.03.04.
Handicap Accessibility
The property owner is responsible for the project’s compliance with the Texas Department of License and
Regulations, as they exist or may be amended.
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Subsection 4.04.
4.04.01.
Performance Standards
Conformance of All Uses
In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and
construction to the performance standards as administered by City, County, State, and Federal agencies. All
uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction
to established performance standards for noise, smoke, and particulate matter, odorous matter, fire, or
explosive hazard material, toxic and noxious matter, vibration, and glare.
4.04.02.
Toxic Waste Disposal
All Federal and State pollution, noise, and requirements for toxic waste disposal shall be observed.
4.04.03.
Standards
(A) Noise
At no point at the bounding property line of any use shall the sound pressure level of any operation or
plant exceed the decibel limits specified in the Octave Band groups designated in the following table:
Table 3. Maximum Permissible Daytime* Octave Band (Decibel Limits at the
Bounding Property Line**)
Octave Band
(cps)
Decibel Band Limit
(db re 0.0002 microbar)
37 - 75
86
75 - 150
76
150 - 300
70
300 - 600
65
600 - 1,200
63
1,200 - 2,400
58
2,400 - 4,800
55
4,800 - 9,600
53
A Scale
65
Note: “A Scale” levels are provided for monitoring purposes only and are not applicable to
detailed sound analysis.
* "Daytime" shall refer to the hours between sunrise and sunset on any given day.
** "Bounding Property Line" shall be interpreted as being at the far side of any street, alley,
stream, or other permanently dedicated open space from the noise source when such open
space exists between the property line of the noise source and adjacent property. When no such
open space exists, the common line between two parcels of property shall be interpreted as the
bounding property line.
(1) General Noise Level Standards
The following corrections shall be made to the table of octave band-decibel limits in determining
compliance with the noise level standards.
(a) When noise is present at nighttime, subtract 7dB.
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Zoning Ordinance
(b) When noise contains strong pure-tone components or is impulsive, that is when meter changes
at 10 decibels or more per second, subtract 7dB.
(c) When noise is present for not more than the following, add 10dB:
1.
½ minute in any ½ hour period
2.
1 minute in any 1-hour period
3.
10 minutes in any 2-hour period
4.
20 minutes in any 4-hour period
(2) Measuring Noise Level
Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the
standards prescribed by the American Standards Association.
(3) Exemptions
The following uses and activities shall be exempt from the noise level regulations herein specified:
(a) Noises not directly under control of the property user.
(b) Noises emanating from construction and maintenance activities between the hours of 7:00 a.m.
and 10:00 p.m.
(c) Noises of safety signals, warning devices and emergency pressure relief valves.
(d) Transient noise of moving sources such as automobiles, trucks, and airplanes.
(e) Events sanctioned by the City of Richland Hills.
(B) Smoke and Particulate Matter
No operation or use shall cause, create, or allow the emission for more than three minutes in any one
hour of air contaminants that at the emission point or within the bounds of the property are:
(1) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or
contaminants in the standard prescribed by the American Society for Testing and Materials, except
that, when the presence of uncombined water is the only reason for failure to comply or when such
contaminants are emitted inside a building that prevents their escape into the atmosphere.
(2) The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property
within the plant site per any one (1) hour.
(3) Open storage and open processing operations, including on-site transportation movements that are
the source of wind or air borne dust or other particulate matter; or that involves dust or other
particulate air contaminants, generating equipment such as used in paint spraying, grain handling,
sand or gravel processing or storage or sand blasting shall be so conducted that dust and other
particulate matter so generated are not transported across the boundary line of the tract on which
the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of
air.
(C) Odorous Matter
(1) No use shall be located or operated that involves the emission of odorous matter from a source of
operation where the odorous matter exceeds the odor threshold at the bounding property line or any
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point beyond the tract on which such use or operation is located. The odor threshold shall be
established as a nuisance that would offend a person of average sensibilities.
(2) The odor threshold as herein set forth shall be determined by observation by a person. In any case,
where uncertainty may arise or where the operator or owner of an odor emitting use may disagree
with the enforcing officer or where specific measurement of odor concentration is required, the
method and procedures specified by American Society for Testing Materials (ASTM) shall be followed.
(D) Fire or Explosive Hazard Material
(1) No use involving the manufacture or storage of compounds or products that decompose by
detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar
substances and compounds in small quantities for use by industry, school laboratories, druggists or
wholesalers may be permitted when approved by the Fire Marshal of the City of Richland Hills who
has determined compliance with the Fire Code.
(2) The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose
film, solvents, and petroleum products shall be permitted only when such storage or use conforms to
the standards and regulations of the adopted Fire Code.
(E) Toxic and Noxious Matter
No operation or use shall emit a concentration across the bounding property line of the tract on which
such operation or use is located of toxic or noxious matter that will exceed ten (10) percent of the
concentration considered as the threshold limit for an industrial worker as such standards are set forth by
the Texas State Department of Health in “Threshold Limit Values Occupational Health Regulation No. 3”, a
copy of which is hereby incorporated by reference.
(F) Vibration
No operation or use shall at any time create earthborn vibrations that, when measured at the bounding
property line of the source operation, exceed the limits of displacement set forth in the following table in
the frequency ranges specified:
Table 4. Vibration Measurement
Frequency Cycles per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(G) Lighting
Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to
property owners and traffic hazards to motorists. These standards are intended to allow reasonable
enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate
levels of lighting of parking areas.
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Zoning Ordinance
(1) Nonresidential Site Lighting and Glare Standards
(a) Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination
across the bounding property line from a visible source of illumination of such intensity as to
create a nuisance or detract from the use or enjoyment of adjacent property or to be offensive to
a person of average sensibilities. All outside lights shall be made up of a light source and
reflector so selected that acting together, the light beam is controlled and not directed across
any bounding property line above a height of three (3) feet. The allowable maximum intensity
measured at the property line of a residential use in a residential district shall be 0.25 foot
candles. Light poles shall be placed on the site a setback equal to its height from all adjacent
residential property.
(b) All off-street parking areas for nonresidential uses in nonresidential districts that are used after
dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout
the hours of business operation. If only a portion of a parking area is offered for use after dark,
only that part is required to be illuminated in accordance with these standards. However, the
portion offered for use shall be clearly designated. Lighting within the parking areas shall meet
the following minimum requirements:
1.
Intensity
(i) Minimum at any point on the parking area surface to be at least 0.6 foot candles initial,
and at least 0.3 foot candles maintained or one-third (1/3) of the average, whichever is
greater.
(ii) Illumination shall not exceed an average of one (1) foot candle at ground level and shall
distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned
area.
2.
Height
(i) The maximum height of light poles shall conform to the maximum height allowed for
the main building in each zoning district.
(ii) Special lighting or lighting higher than the height allowed in the applicable zoning
district may be approved by City Council as specifically noted on the site plan.
(2) Residential Lighting and Glare Standards
Residential lighting for security and night recreation use is permitted in all residential districts
provided the following requirements are met:
(a) Direct lighting over ten (10) feet in height is shielded from adjacent property.
(b) No light source shall exceed twenty (20) feet in height. Street lights and other traffic safety
lighting are exempt from this standard.
(c) Lighting shall not directly shine on adjacent dwellings.
(3) Luminaires
Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and
maintained so as to reduce glare effect (i.e., minimum seventy degree [70°] cutoff when measured
from horizontal) and consequent interference with use of adjacent properties and boundary streets.
Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary
lighting as provided in the section below.
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(4) Special or Temporary Lighting – Low Wattage
Bare bulbs or strings of lamps are prohibited, except for the following cases:
(a) During holidays special lighting shall be permitted for a maximum time period of forty-five (45)
days for each holiday used; and
(b) Strings of lamps are permitted for use as café patio lights.
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Zoning Ordinance
Section 5. Development Review Bodies
It is the intent of these provisions to establish certain boards and commissions to facilitate administration, review,
and amendment of this Ordinance. This section prescribes the composition of such boards and commissions, sets
for their terms of membership, and prescribes their responsibilities and authority.
Subsection 5.01.
City Council
(A) Establishment
The City Council is established by the City Charter.
(B) Responsibilities
Responsibilities of the City Council are summarized in Table 5 below.
Table 5. City Council Responsibilities
Section
Responsibility
Section 8(B)(2)
Approve or rescind Shared Parking Space Calculations
6.03.01. (B)(1)
Consider approval of a Zoning Map Amendment (Rezoning)
6.03.01. (B)(2)
Consider approval of a Zoning Text Amendment
6.05.01. (E)(1)(f)
6.05.01. (E)(2)(d)
6.05.01. (G)
Consider approval of a Required Plan Extension and Reinstatement for Vested
Rights
Consider approval of a Building Permit Site Plan Extension and Reinstatement for
Vested Rights
Consider approval of an Appeal to the City Council of a Decision on a Zoning
Vested Rights Determination Request
6.06.02. (B)(1)
Consider approval of a Site Plan for a Rezoning
6.11.02.
Consider approval of an Appeal of a Building Permit Site Plan Decision
6.07.01. (A)
Consider approval of a PD Planned Development Zoning District Establishment
Subsection 6.08
Consider approval of a Specific Use Permit (SUP)
6.08.01. (E)
Consider approval of a Specific Use Permit Expiration and Extension
Subsection 6.09
Initiate an Amortization of Nonconforming Uses
6.11.02.
Appeal of a Building Permit Site Plan Decision
Development Review Bodies
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Subsection 5.02.
Planning & Zoning Commission
(A) Establishment
There is created a Planning & Zoning Commission that shall be organized, appointed and function as
follows:
(1) Organization
(a) The Planning & Zoning Commission shall consist of five (5) members, each to be appointed by the
City Council for a term of two years, and each member may be removed for cause by the
appointing authority upon written charges and after public hearing.
(b) The Commission members shall hold numbered places one through five.
(c) Each councilmember shall be entitled to appoint one regular member to the numbered place
corresponding to the numbered place held by the appointing councilmember.
(d) The Planning & Zoning Commission shall elect one member as the chairperson.
(e) The members of the Planning & Zoning Commission shall regularly attend meetings and public
hearings of the Planning & Zoning Commission, and shall serve without compensation, except for
reimbursement of authorized expenses attendant to the performance of their duties.
(2) Vacancies
(a) Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for
any cause, in the same manner as the original appointment was made;
(b) Newly appointed members shall be installed at the first regular Planning & Zoning Commission
meeting after their appointment.
(3) Alternate Membership
The City Council may appoint two alternate members of the Planning & Zoning Commission who shall
serve in the absence of one or more of the regular members when requested to do so by the
chairperson or City Manager, as the case may be.
(4) Expiration of Terms
(a) The terms of three members of the Planning & Zoning Commission shall expire in May of each
odd-numbered year, and the terms of two of the members shall expire in May of each evennumbered year.
(b) Planning & Zoning Commission members may be appointed to succeed themselves.
(c) Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in
excess of two years.
(5) Meetings
(a) A quorum for the conduct of business shall consist of three members of the Planning & Zoning
Commission.
(b) The members of the Planning & Zoning Commission shall regularly attend meetings and public
hearings of the Planning & Zoning Commission, and shall serve without compensation, except for
reimbursement of authorized expenses attendant to the performance of their duties.
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Zoning Ordinance
(6) Procedures
(a) The Planning & Zoning Commission shall hold an organizational meeting in May of each year.
(b) The Planning & Zoning Commission shall meet regularly at least once each month, and shall
designate the time and place of its meetings.
(c) The Planning & Zoning Commission shall adopt its own rules of procedure and keep a record of
its proceedings consistent with the provisions of this chapter and the requirements of law.
(B) Powers and Duties
The Planning & Zoning Commission is charged with the duty and invested with the authority to Act as an
advisory board to the City Council and shall have the full power to:
(1) Exercise the authority of the Planning & Zoning Commission as provided by state law and City
ordinances;
(2) Review all current and proposed ordinances and amendments pertaining to Planning & Zoning
Commission and make recommendations to the City Council for action to be taken;
(3) Make proposals to the City Council to amend, extend and add to the Comprehensive Plan for the
physical development of the City;
(4) Keep public records of its resolutions, findings and determinations; and
(5) Review plats and zoning requests and make recommendations to the City Council for final adoption
of same.
(C) Responsibilities
Responsibilities of the Planning & Zoning Commission are summarized in Table 6 below.
Table 6. Planning & Zoning Commission Responsibilities
Section
Responsibility
6.03.01. (B)(1)
Make a recommendation on an application for a Zoning Map Amendment
(Rezoning)
6.03.01. (B)(2)
Make a recommendation on an application for a Zoning Text Amendment
6.05.01. (E)(1)(f)
6.05.01. (E)(2)(d)
6.06.02. (B)(1)
6.11.02.
6.07.01. (A)
Subsection 6.08
Make a recommendation on an application for a Required Plan Extension
and Reinstatement for Vested Rights
Make a recommendation on an application for a Building Permit Site Plan
Extension and Reinstatement for Vested Rights
Make a recommendation on an application for a Site Plan for a Rezoning
Make a recommendation on an application for an Appeal of a Building
Permit Site Plan Decision
Make a recommendation on an application for a PD Planned Development
Zoning District Establishment
Make a recommendation on an application for a Specific Use Permit (SUP)
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Subsection 5.03.
Board of Adjustment
(A) Establishment
There is hereby created a Board of Adjustment.
(1) Organization
The Board of Adjustment shall consist of five members who are residents of the City, each to be
appointed by the City Council for a term of two years and removable for cause by the appointing
authority upon written charges and after public hearing. The City Council shall designate one member
as chairperson.
(2) Vacancies
Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any
cause in the same manner as the original appointment was made; provided, however, that the City
Council may appoint four alternate members of the board of adjustment who shall serve in the
absence of one or more of the regular members when requested to do so by the Mayor or City
Manager, as the case may be.
(3) Quorum Requirement
All cases to be heard by the Board of Adjustment shall be heard by a minimum of four members.
(4) Alternate Membership
These alternate members, when appointed, shall serve for the same period as the regular members,
which is for a term of two years, and any vacancy shall be filled in the same manner as would be used
to appoint a regular member, and they shall be subject to removal in the same manner as the regular
members.
(B) Authority
Pursuant to Texas Local Government Code Section 211.009, the Board may:
(1) Hear and decide an appeal that alleges error in an order, requirement, decision, or determination
made by an administrative official in the enforcement of a Zoning Regulation;
(2) Hear and decide Zoning Special Exceptions to the terms of a zoning regulation when the Ordinance
requires the Board to do so;
(3) Authorize in specific cases a Zoning Variance from the terms of a zoning regulation; and
(4) Hear and decide other matters authorized by this Zoning Ordinance.
(C) Actions
(1) Amend, Revise, or Reform
The Board may reverse or affirm, in whole or in part, or modify the Zoning Administrator’s order,
requirement, decision, or determination from which an appeal is taken and make the correct order,
requirement, decision, or determination, and for that purpose the Board has the same authority as
the Zoning Administrator.
(2) Required Vote
Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of four (4) Board
members (or at least seventy-five [75] percent of the Board members) is necessary to:
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Zoning Ordinance
(a) Reverse an order, requirement, decision, or determination of an administrative official;
(b) Decide in favor of an Applicant on a matter on which the Board is required to pass per this
Ordinance; or
(c) Authorize a Zoning Special Exception or Zoning Variance.
(3) Appeal to District Court
(a) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment,
or any taxpayer, or any officer, department, or board of the municipality may present to a district
court or county court a petition duly verified, setting forth that such decision is illegal, in whole
or in part, and specifying the grounds of the illegality.
(b) Such petition shall be presented to the court within ten (10) days after the filing of the decision
in the office of the Board and not thereafter.
(D) Responsibilities
Responsibilities of the Board of Adjustment are summarized in Table 7 below.
Table 7. Board of Adjustment Responsibilities
Section
Responsibility
1.04.01. (G)
Act on a request for an Interpretation of Zoning District Boundaries
Subsection 6.09
Act on a request for an Amortization of Nonconforming Uses
Subsection 6.10
Act on a request for a Reinstatement of Nonconforming Rights
6.11.01.
Act on a request for an Appeal of an Administrative Decision
Subsection 6.12
Act on a request for a Zoning Variance
Subsection 6.13
Act on a request for a Zoning Special Exception
79
Subsection 5.04.
Zoning Administrator
(A) Responsibilities
Responsibilities of the Zoning Administrator are summarized in Table 8 below.
Table 8. Zoning Administrator Responsibilities
Section
6.05.01. (E)(1)(f)
6.05.01. (E)(2)(d)
6.05.01. (F)
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Responsibility
Process and review a Required Plan Extension and Reinstatement for Vested
Rights
Process and review a Building Permit Site Plan Extension and Reinstatement
for Vested Rights
Consider issuance of a Decision of a Zoning Vested Rights Determination
Request
6.06.02. (B)(2)
Act on a request for a Site Plan for a Building Permit
6.06.03. (B)
Act on a request for a Minor Variation of a Site Plan
6.07.04. (A)
Act on a request for a Minor PD Amendment and Adjustment
Subsection 6.08
Review a Specific Use Permit (SUP)
6.08.01. (E)(2)
Provide recommendation on a request for an SUP Extension
Subsection 6.10(A)
Determine Loss of Nonconforming Rights Status
Zoning Ordinance
Subsection 5.05.
Development Review Committee (DRC)
(A) Establishment
There is hereby created within and for the City a Development Review Committee (DRC) with the
responsibilities as hereinafter set forth.
(B) Purpose
The purpose of the DRC is to utilize the expertise of various City departments to review all site plans to
ensure that City regulations are met and to provide a recommendation for either approval or denial in a
written report to the Zoning Administrator.
(C) Membership
The DRC members shall consist of at least one representative from the following City departments, as
appointed by the City Manager.
(1) Planning and Development Department
(2) Public Works Department
(3) Fire Department
(4) Police Department
(5) Any other department per the City Manager’s discretion.
(D) Term
Members shall serve at the discretion of the City Manager.
(E) Responsibilities
The Zoning Administrator shall be responsible for establishing meeting times, determining when the DRC
has finished review of a site plan or plat, and coordinating the DRC’s written report.
Table 9. Development Review Committee Responsibilities
Section
Responsibility
6.06.02. (B)(1)
Review a Site Plan for a Rezoning
6.06.02. (B)(2)
Review a Site Plan for a Building Permit
81
Subsection 5.06.
Summary of Approval Authority of Fundamental Applications
Table 10. Summary of Approval Authority
Responsibility
City Council
P&Z
Interpretation of Zoning District Boundaries
Shared Parking Space Calculations
Board of
Adjustment
Zoning
Administrator
Approve
Approve or
Rescind
Zoning Map Amendment (Rezoning)
Approve
Recommend
Zoning Text Amendment
Approve
Recommend
Required Plan Extension and Reinstatement for
Vested Rights
Approve
Recommend
Review
Approve
Recommend
Review
Building Permit Site Plan Extension and
Reinstatement for Vested Rights
Decision of a Zoning Vested Rights
Determination Request
Appeal to the City Council of a Decision on a
Zoning Vested Rights Determination Request
Site Plan for a Rezoning
Approve
Approve
Approve
Recommend
Review
Site Plan for a Building Permit
Approve
Minor Variation of a Site Plan
Approve
Minor PD Amendment and Adjustment
Approve
PD Planned Development Zoning District
Establishment
Approve
Recommend
Specific Use Permit (SUP)
Approve
Recommend
Specific Use Permit Expiration and Extension
Approve
Amortization of Nonconforming Uses
Initiate
Review
Recommend
Approve
Reinstatement of Nonconforming Rights
Approve
Loss of Nonconforming Rights Status
Determine
Appeal of an Administrative Decision
Approve
Approve
Recommend
Zoning Variance
Approve
Zoning Special Exception
Approve
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DRC
Review
Zoning Ordinance
Section 6. Development Review Procedures
Subsection 6.01.
6.01.01.
Creation of Building Site
Creation of a Building Site, Tract, or Lot
No permit for the construction of a building or buildings or fence, wall, or sign upon any tract or plot shall be
issued until a building site, building tract or building lot has been created by compliance with one of the
following conditions:
(A) Plat Requirement
The lot or tract is part of a plat of record, approved by the City and filed in the Plat Records of Tarrant
County, Texas.
(B) Officially Approved Tract Requirement
The tract is all or part of an officially approved site plan in a PD Planned Development District or Specific
Use Permit (SUP), in which the site plan provides all utility and drainage easements, alleys, streets and
other public improvements necessary to meet the normal requirements for platting, including the
designation of building areas, and such easements, alleys, and streets have been acquired and properly
dedicated and the necessary public improvements provided.
(C) Public Improvements
Per Section 212 of the Texas Local Government Code, public improvements shall not be required for tracts
greater than five (5) acres that have public access.
Subsection 6.02.
6.02.01.
Certificates of Occupancy and Compliance
Certificates of Occupancy Required
(A) Use
No building hereafter erected or structurally altered, shall be used, occupied or changed in use until a
Certificate of Occupancy or other final Building Permit inspection has been issued by the Building Official,
stating that the building or proposed use of the building or premises complies with the building code,
electrical code, plumbing code, and the provisions of these regulations.
(B) Change in Use
A change in use shall be construed to mean any change in occupancy or type of business.
Development Review Procedures
83
Subsection 6.03.
6.03.01.
Zoning Text and Map Amendments
Procedures
(A) Process Requirements
(1) Zoning Amendments Require City Council Approval
The City Council may, from time to time, amend, supplement or change by ordinance, the boundaries
of the zoning districts (i.e., zoning map amendment (rezoning)) or the regulations herein established
(i.e., zoning text amendment).
(2) Planning & Zoning Commission Recommendation required for all Amendments
Before taking action on any proposed amendment the City Council shall submit the same to the
Planning & Zoning Commission for its recommendation and/or report.
(3) Petitions Submitted to the City Council
(a) Any person or corporation having a proprietary interest in any property may petition the City
Council for a change or amendment to the zoning provisions of this Zoning Ordinance or Map; or
(b) The Planning & Zoning Commission may, on its own motion or on request from the City Council,
study and propose zoning changes and/or amendments for the City Council’s consideration.
(B) Two Types of Zoning Amendments
(1) Zoning Map Amendment (Rezoning)
A zoning map amendment (rezoning) is a change or modification to the boundaries of any zoning
district.
(2) Zoning Text Amendment
A zoning text amendment is a change to the text of this Zoning Ordinance and does not include
change or modification to the boundaries of any zoning districts.
(C) Planning & Zoning Commission Recommendation Requires Public Hearing
(1) The Planning & Zoning Commission shall hold a public hearing on any application for any amendment
or change prior to making its recommendation and/or report to the City Council.
(2) In the case of a Zoning Map Amendment (Rezoning)
(a) Written notice of all public hearings before the Planning & Zoning Commission on a proposed
amendment or change shall be sent to all owners of real property within two hundred (200) feet
of the property on which the change is requested.
1.
Such notice shall be given not less than ten (10) days before the date set for hearing by
posting such notice, properly addressed and postage paid, to each taxpayer as the
ownership appears on the last approved City tax roll or County tax roll for the area affected.
(b) Any proposed map amendment shall be consistent with the Comprehensive Plan.
(c) For selected zoning districts, each rezoning application shall be accompanied by a site plan (see
6.06.01. (A)(1)).
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Zoning Ordinance
(D) Sign Posting for a Zoning Map Amendment (Rezoning) Related to a Particular Property
(1) At least ten (10) days prior to the public hearing by the Planning & Zoning Commission on a proposed
amendment to the zoning text and/or map related to particular property, the applicant shall cause a
sign, clearly visible to passersby, to be placed and maintained on such property.
(2) The sign shall state that the property is the subject of a rezoning application.
(3) The Zoning Administrator shall furnish the applicant the sign, which the applicant shall post on the
property proposed to be rezoned.
(4) The sign shall remain continuously posted on the property until the City Council has conducted its
public hearing on the matter.
(E) Effect of Posted Sign Maintenance
The continued maintenance of the sign shall not be a condition precedent to the holding of a public
hearing, the adoption of any proposed zoning change, or any other official action concerning such
amendment.
(F) City Council Decision and Public Hearing Required
(1) A public hearing shall be held by the City Council before adopting any proposed amendment.
(2) Notice of such hearing shall be given by publication in the official publication of the City stating the
time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of
publication.
(G) Three-Fourths City Council Vote Required for Protested Amendments
(1) If a proposed change to a district regulation or boundary is protested in writing and signed by the
owners of at least twenty (20) percent of either:
(a) The area of the lots or land covered by the proposed change; or
(b) The area of the lots or land immediately adjoining the area covered by the proposed change and
extending two hundred (200) feet from that area, then, in order to take effect, the proposed
change must receive at least three-fourths affirmative vote of all members of the Council.
(2) In computing the percentage of land area under (1) above, the area of streets and alleys shall be
included.
Figure 5. Calculation for Areas of Protest
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(H) Joint Public Hearing
At its discretion, the City Council may conduct the public hearing on an amendment to the Zoning
Ordinance jointly with a public hearing required to be held by the Planning & Zoning Commission. The City
Council may not take action in the matter until it receives the final report of the Commission.
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Zoning Ordinance
6.03.02.
Public Hearings and Notification Requirements for Zoning Related Applications
(A) Public Hearings
Public hearings shall be conducted for each review body per plan or application type according to the
following table.
Table 11. Review Bodies and Associated Public Hearings
City Council
Planning &
Zoning
Commission
Hearing
Hearing
Hearing
Hearing
PD Application and Review
Hearing
Hearing
Hearing
Hearing
Application Type
Board of
Adjustment
Hearing
Hearing
Zoning Variance
Hearing
Hearing
(B) Public Notices
Public notices shall be required according to the following table.
Table 12. Required Public Notice
Application Type
Property
Posted (Sign)
Notice
Published
(Newspaper)
Notice
Mailed Notice
Required
Required
Required
Required
(P&Z/City Council)
(City Council)
(P&Z)
(P&Z/City Council)
Posted Notice
Required
Required
(City Council)
(City Council)
Required
Required
Required
Required
(P&Z/City Council)
(City Council)
(P&Z)
(P&Z/City Council)
Required
Required
Required
Required
(P&Z/City Council)
(City Council)
(P&Z)
(P&Z/City Council)
Required
Required
Required
(ZBA)
(ZBA)
(ZBA)
Required
(ZBA)
Zoning Variance
Required
Required
(ZBA)
(ZBA)
Required
Required
(ZBA)
(ZBA)
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(C) Types of Notice
(1) Postings of Signs on Property
The Zoning Administrator shall maintain an inventory of signs to fulfill the notification requirements
listed in Table 12. Required Public Notice.
(2) “Published Notice” and “Mailed Notice” of Public Hearing for Zoning Changes Involving Real Property
(a) Mailed Notice (also referred to as “Written Notice”)
1.
Written notice of the public hearing before the Planning & Zoning Commission shall be sent
to all owners of property, as indicated by the most recently approved City tax roll, that is
located within the area of application and within two hundred (200) feet of any property
affected thereby, said written notice to be sent before the tenth (10 th) calendar day prior to
the date such hearing is to be held.
2.
Said written notice shall be served by using the last known address as listed on the most
recently approved tax roll and depositing the notice, postage paid, in the regular United
States mail.
3.
If written notice as required is not sent before the tenth (10th) calendar day prior to the date
of the hearing, then the hearing must be delayed until this notice requirement is met. Such
notice shall include:
(i) Legal description of the property and the street address or approximate location within
the City.
(ii) Present zoning classification of the property and the zoning sought by the applicant. If
not a rezoning, then the nature or intent of the application shall be described.
(iii) The date, time, and place of hearing.
(iv) The web site that contains the zoning map and information regarding the rezoning;
(v) The phone number where questions may be answered; and
(vi) Other information as may be necessary to provide adequate and timely public notice.
(b) Published Notice
Notice of the public hearing to occur before the City Council shall be accomplished by publishing
the purpose, date, time, and place of the public hearing in the official newspaper of the City
before the fifteenth (15th) calendar day prior to the date of the public hearing.
(3) “Published Notice” of Public Hearing for Zoning Changes Involving Regulation Text
(a) For requests involving proposed changes to the text of the zoning regulations, notice of the City
Council public hearing shall be accomplished by publishing the purpose, date, time, and place of
the public hearing in the official newspaper of the City before the fifteenth (15 th) calendar day
prior to the date of the public hearing.
(b) Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve
specific real property) do not require mailed/written notification to individual property owners.
(4) “Published Notice” and “Mailed Notice” of an Appeal of an Administrative Decision to the Board of
Adjustment
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Zoning Ordinance
(a) For an Appeal of an Administrative Decision, the Board of Adjustment shall fix a reasonable time
for the hearing of an appeal, give the public notice by written notice in the mail addressed to all
owners of real property located within two hundred (200) feet of the property on which the
appeal is made, and by publication of notice of such hearing in the City’s official newspaper.
(b) Both the written/mailed and published notice shall be given at least ten (10) days prior to the
date for the hearing.
(c) At the hearing, any party may appear in person or by Attorney or by agent.
(5) Additional Rules and Procedures Established
(a) The City Council may, at its option, establish additional rules and procedures for public
notification of proposed zoning changes and development proposals (e.g., required plans, plats,
etc.), which may include, but not be limited to, the posting of a sign(s) on any property that is
proposed for a zoning change or development by the applicant or its agent(s).
(b) Knowledge of and adherence to such rules and procedures, if so established by the City, shall be
the responsibility of the applicant and shall be required as part of a zoning change or
development application.
(6) Special Notice
Pursuant to Texas Local Government Code Section 211.007(d), the City Council may, by a two-thirds
vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by
the City Council and the Planning & Zoning Commission.
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Subsection 6.04.
6.04.01.
Complete Applications
Applicability, Completeness, and Expiration
(A) Applicability
The following procedures shall apply to any zoning related plan or application that is required by the City
and is submitted in accordance with this Zoning Ordinance.
(B) Determination of Completeness for Zoning Related Applications
Every required application shall be subject to a determination of completeness by the Zoning
Administrator.
(1) Acceptance Standard
The application shall only be accepted by the Zoning Administrator when it is accompanied by all
documents required by, and prepared in accordance with, the requirements of this Zoning Ordinance.
A typographical error shall not, by itself, constitute an incomplete application.
(2) Acceptance Procedures
A determination of completeness of an application shall be conducted in accordance with the
following procedures:
(a) A determination of completeness shall be made by the responsible official not later than the
tenth (10th) business day following submission of the application, unless otherwise specified,
after the official vesting date.
(b) If the submitted application is incomplete, the applicant shall be notified in writing not later than
the tenth (10th) business days following submission of the application.
1.
Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail
transmission, before the close of the tenth (10th) business day following submission of the
application.
2.
The notification shall specify the documents or other information needed to complete the
application, and shall state the date the application will expire (see (D) Expiration of a
Zoning Related Application due to Incompleteness below) if the documents or other
information are not provided to the City.
(c) An application shall be deemed complete on the eleventh (11th) business day after the
application has been received if notice is not provided in accordance with (b) above.
(d) If the application is determined to be complete, the application shall be processed as prescribed
by this Zoning Ordinance.
(3) Acceptance shall not Constitute Compliance
A determination of completeness shall not constitute a finding of compliance with the substantive
requirements of this Section.
(4) Acceptance shall not Guarantee Approval
It is not guaranteed that an accepted, complete application will be approved, if after the application
is deemed complete it is determined that the application does not comply with this Zoning
Ordinance.
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Zoning Ordinance
(C) Re-Submittal after Notification of Incompleteness
(1) If the application is re-submitted after a notification of incompleteness within the time allotted in
subsection (B)(2)(b) above, the application shall be processed upon receipt of the re-submittal.
(2) To the extent that the information and/or documents submitted are not sufficient to enable the
decision-maker to apply the criteria for approval, the application may be denied on such grounds.
(D) Expiration of a Zoning Related Application due to Incompleteness
Pursuant to Texas Local Government Code Chapter 245, a zoning related application shall automatically
expire at the close of business on the forty-fifth (45th) calendar day after the application official vesting
date, if:
(1) The applicant fails to provide documents or other information necessary to comply with the City’s
technical requirements relating to the form and content of the permit application; and
(2) The City provides to the applicant, not later than the tenth (10th) business day after the date the
application is filed, written notice that specifies the necessary documents or other information, and
the date the application will expire if the documents or other information is not provided; and
(3) The applicant fails to provide the specified documents or other information necessary to comply with
the City’s requirements relating to the application within the time provided in the notification.
(E) Zoning Amendment Application
(1) Complete Applications Required
No zoning amendment application shall be accepted for filing or processing unless such request is
accompanied by a completed application form and all documents required by and prepared in
accordance with the requirements of the Zoning Regulations and any other applicable ordinance and
it is filed with the Zoning Administrator.
(2) Texas Local Government Code Chapter 245 does not apply to Zoning Amendment Applications
Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a zoning
amendment application or an ordinance establishing zoning since neither is a permit under this
Zoning Ordinance or Chapter 245.
(3) Denial of Zoning Applications
(a) If any City official processes a zoning application prior to the application being determined
complete, the application shall then be deemed invalid and shall be grounds for denial or
revocation of such application.
(b) A typographical error shall not constitute an incomplete application.
(c) The applicant shall be notified of such denial or revocation for an incomplete zoning application
in writing.
(F) Vesting Begins on the Official Vesting Date
An application shall be vested into the zoning classifications in effect at the time of the application’s
official vesting date.
(G) Submission of Previously Decided Zoning Related Application
After the final decision on a specific application by the decision-maker, the application shall not be
resubmitted for a minimum of six (6) months from the decision-maker’s action.
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Subsection 6.05.
6.05.01.
Zoning Vested Rights Determination
Zoning Vested Rights Determination
(A) Purpose
In accordance with the Texas Local Government Code, Chapter 245 or successor statute, the purpose of a
Zoning Vested Rights Determination request is to determine whether one or more standards of this
Zoning Ordinance should not be applied to a plan or application, or whether certain permits are subject to
expiration.
(B) Applicability of a Zoning Vested Rights Determination Request
(1) Any Application
A Zoning Vested Rights Determination request may be sought for an application, permit, or plan
required under this Zoning Ordinance.
(2) Joint Submission
A Zoning Vested Rights Determination request may be submitted by an application along with
submission of a request for a Zoning Text Amendment to this Zoning Ordinance, a Zoning Map
Amendment (Rezoning), or any other request for a legislative decision by the City Council.
(C) Determination Request Submission
(1) Filing
A Zoning Vested Rights Determination request shall be submitted to the Zoning Administrator in
accordance with the Texas Local Government Code, Chapter 245 or successor statute.
(2) Stay of Further Proceedings
Submission of such request shall stay further proceedings on the related application until a final
decision is reached on the Zoning Vested Rights Determination.
(D) Determination Request Requirements
The Zoning Vested Rights Determination request shall allege that the applicant has a vested right that
requires the City to review and decide the application under standards in effect prior to the effective date
of the currently applicable standards. The request shall include, at a minimum, the following information
and documents:
(1) Basic Owner Information
The name, mailing address, phone number and fax number of the property owner (or the property
owner’s duly authorized agent).
(2) Identification of Property and “Project”
(a) Identification of the property for which the property owner claims a vested right.
(b) Identification of the “project,” as that term is defined in Chapter 245 at 245.001.(3).
(c) A chronology of the history of the “project,” with special emphasis on facts establishing that the
project was in progress on or commenced after September 1, 1997, as required by Chapter 245
at 245.003;
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Zoning Ordinance
(3) Narrative Description for Purpose of Determination Request
A narrative description of the grounds for the determination request, including a statement as to
whether the request asserts a vested right related to a specific regulation or to an entire project.
(4) Identification of Regulations
(a) Identification of the City regulations in effect at the time the original application for the permit
that the owner contends are vested and that the owner contends controls the approval,
disapproval, or conditional approval of an approval for a permit, pursuant to Chapter 245 at
245.002(a) and (b).
(b) Identification of the City regulations, with particularity and in detail, that the property owner
contends do not apply to the project due to the vested rights provided the property owner by
Chapter 245.
1.
Global references to a particular ordinance, or set of criteria, may be deemed insufficient
and the City may consider the request for a vested rights determination to be incomplete
and, hence, not subject to a staff determination at that time.
(c) Identification of any current City regulations that applicant agrees can be applied to the
application at issue.
(5) Copies of Applications
A copy of each approved or pending application that is the basis for the Zoning Vested Rights
Determination request shall be submitted to the City.
(6) Submittal Date of First Application
The submittal date of the first application that began the vesting process (i.e., first permit in the
series of permits required for the project), as identified in Subsection 6.04 Complete Applications.
(7) Submittal Date of Subsequent Application
If applicable, the submittal dates of subsequent application for the permits for the project.
(8) Narrative Description of How Current Regulations Affect Proposed Use
A narrative description of how the application of current regulations affect proposed use of the land,
landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, coverage or
building size shown on the application for which the request is filed.
(9) Copies of Prior Vested Rights Determinations
A copy of any prior vested rights determination involving the same land.
(10) Benchmarking Project Progress for Expiring Permits or Applications
Whenever the applicant alleges that a permit or application subject to expiration should not be
terminated, a description of the events constituting progress toward the completion of the project
approaching permit expiration was approved.
(E) Validity and Expiration of Different “Permits” for Vesting Purposes
(1) Required Plan or Rezoning Validity and Expiration
(a) Required Plan or Rezoning
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A site plan for rezoning or an SUP’s site plan shall be considered a “permit” as described by State
law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC) and be
referred to as a “required plan.”
(b) Appropriate Approval Required for a “Permit”
A required plan shall not be considered a “permit” unless it has been approved by the
appropriate entity before the effective date of these regulations, or an application for a required
plan is complete as of the effective date of these regulations.
(c) Required Plan Expiration
Any approved required plan shall be deemed expired two (2) years from the date on which the
required plan was originally approved by the appropriate entity if no progress (see (d) below) has
been made toward completion of the project.
(d) Progress Benchmarks
The term “progress” shall be as defined based on TLGC Chapter 245.005 as follows:
1.
Plans for construction and an application for a building permit for at least one of the
buildings on the approved required plan are submitted within two (2) years following
approval of the required plan;
2.
A good-faith attempt is made to file with the City an application for a permit necessary to
begin or continue towards completion of the project;
3.
Costs have been incurred for developing the project including, without limitation, costs
associated with roadway, utility, and other infrastructure facilities designed to serve, in
whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of
five (5) percent of the most recent appraised market value of the real property on which the
project is located;
4.
Fiscal security is posted with the City to ensure performance of an obligation required by the
City; or
5.
Utility connection fees for the project have been paid to the City.
(e) Required Plan Expiration
If one of the items listed in (d)1 through (d)5 above is not accomplished within the two (2) year
period, the approved required plan shall expire upon the second anniversary of its approval by
the appropriate entity, and shall become null and void.
(f) Required Plan Extension and Reinstatement Request
94
1.
Prior to the expiration of a required plan, the applicant may request the City (in writing) to
extend the required plan approval.
2.
The Zoning Administrator shall be the responsible official for processing and review of the
application.
3.
Such request shall be recommended for approval or denial by the Planning & Zoning
Commission, and shall be granted approval or denied by the City Council.
4.
If no request is submitted, then the required plan shall be deemed to have expired and shall
become null and void.
Zoning Ordinance
(i) Any new request for required plan approval thereafter shall be deemed a “new permit”,
and shall be submitted with a new application form, with a new filing fee, and with new
plans and materials in accordance with the procedures set forth in this Section.
(ii) The new request shall also be reviewed for compliance with the ordinances and
regulations in effect at the time the new application is made.
5.
In determining whether to grant a request for extension, the Planning & Zoning Commission
and City Council shall take into account the following factors:
(i) The ability of the property owner to comply with any conditions attached to the original
approval, and
(ii) The impact that current development regulations would apply to the required plan.
(2) Building Permit Site Plan Validity and Expiration
A site plan required as part of a building permit application shall be considered a “permit” as
described by State law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC).
(a) Building Permit Site Plan Expiration
Any approved Building Permit site plan shall be deemed expired two (2) years from the date on
which the Building Permit site plan was approved if no progress has been made toward
completion of the project.
(b) Progress Benchmarks
The term “progress” shall be as defined based on TLGC Chapter 245.005 as follows:
1.
Plans for construction and an application for a building permit for at least one of the
buildings on the approved Building Permit site plan are submitted within two (2) years
following approval of the Building Permit site plan.
2.
A good-faith attempt is made to file with the City an application for a permit necessary to
begin or continue towards completion of the project;
3.
Costs have been incurred for developing the project including, without limitation, costs
associated with roadway, utility, and other infrastructure facilities designed to serve, in
whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of
five (5) percent of the most recent appraised market value of the real property on which the
project is located;
4.
Fiscal security is posted with the City to ensure performance of an obligation required by the
City; or
5.
Utility connection fees or impact fees for the project have been paid to the City.
(c) Expiration
If one of the items listed in (1)(d)1 through (1)(d)5 above is not accomplished within the two (2)
year period, then the approved Building Permit site plan shall expire and shall become null and
void.
(d) Building Permit Site Plan Extension and Reinstatement Request
1.
Prior to the expiration of a Building Permit site plan, the applicant may request the City (in
writing) to extend the Building Permit site plan approval.
95
2.
The Zoning Administrator shall be the responsible official for processing and review of the
application.
3.
Such request shall be recommended for approval or denial by the Planning & Zoning
Commission, and shall be granted approval or denial by the City Council.
4.
If no request is submitted, then the Building Permit site plan shall be deemed to have
expired and shall become null and void.
(i) Any new request for Building Permit site plan approval shall be deemed a “new permit”,
and shall be submitted with a new application form, with a new filing fee, and with new
plans and materials in accordance with the procedures set forth in this Section.
(ii) The new request shall also be reviewed for compliance with the ordinances and
regulations in effect at the time the new application is made.
5.
In determining whether to grant a request for extension, the Planning & Zoning Commission
and City Council shall take into account the following reasons for the lapse.
(i) The ability of the property owner to comply with any conditions attached to the original
approval, and
(ii) The impact that current development regulations would apply to the Building Permit
site plan.
(3) Planned Development Master Plan: Validity and Expiration
In conformance with TLGC Chapter 245, as amended, the applicant shall retain the following
additional rights related to an approved Planned Development Master Plan.
(a) Preliminary Plat Submittal within Two (2) Years Required
1.
An application for a preliminary plat shall be submitted for approval within two (2) years of
the date of approval of a Planned Development Master Plan, unless otherwise provided in
the PD adopting ordinance.
2.
If a preliminary plat consistent with the Planned Development Master Plan is not submitted
within such period, the Planned Development Master Plan shall expire.
(b) Expiration of an Approved Planned Development Master Plan
1.
Expiration of an approved Planned Development Master Plan (based on (a) above) shall
result in suspension of the ability to submit a preliminary plat related to the original Planned
Development Master Plan.
2.
A new Planned Development Master Plan must be submitted before the development
process can continue.
(c) Expiration of an Approved Preliminary Plat
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1.
The expiration of an approved preliminary plat shall be governed by the provisions of the
Subdivision Ordinance.
2.
If a required development application (e.g., preliminary plat, final plat, building permit) is
submitted within the two (2) year period, but such development application subsequently
expires, the associated Planned Development Master Plan shall also expire.
Zoning Ordinance
(4) Ability to Retain the Rights to the PD Planned Development Project
In conformance with TLGC Chapter 245, as amended, the applicant shall retain the following rights
related to a proposed PD Planned Development following submittal and approved of a Planned
Development Master Plan.
(a) Ability to Submit Applications for Five (5) Years
1.
The applicant shall retain the ability to submit a new Planned Development Master Plan for a
period of five (5) years following the original Planned Development Master Plan approval.
2.
Such new Planned Development Master Plan may only be for a substantially similar PD
project.
3.
However, any such new Planned Development Master Plan shall adhere to any and all new
standards and regulations that the City has adopted in relation to a Planned Development
Master Plan and/or any other PD application requirements.
(b) Expiration of Project in Five (5) Years
Any PD project for which no preliminary plat has been submitted for a period of five (5) years
following the approval of the related Planned Development Master Plan shall expire on the last
day of that five (5) year period.
(c) Planning & Zoning Commission Consideration
1.
After such five (5) year period has ended and the project expires, the Planning & Zoning
Commission shall consider whether the undeveloped land within the PD District should be
changed to another zoning classification in accordance with the procedures for a zoning
amendment pursuant to Subsection 6.03 Zoning Text and Map Amendments.
2.
The Planning & Zoning Commission thereafter shall recommend to the City Council whether
the right to submit a preliminary plat or other development application for the same PD
project should be reinstated, or whether the property should be rezoned to another
classification.
(d) City Council Consideration and Action
1.
Consideration
(i) The Planning & Zoning Commission’s recommendation (as outlined in (c) above) shall be
considered by the City Council in accordance with procedures for a zoning amendment
pursuant to Subsection 6.03 Zoning Text and Map Amendments.
(ii) The City Council shall determine whether the right to submit the preliminary plat or
other development application for the same PD project should be reinstated, or
whether the property should be rezoned to another classification.
(iii) In making such determination, the City Council shall consider the following factors:
i.
Whether the PD Planned Development remains consistent with the Comprehensive
Plan;
ii.
Whether the uses authorized in the PD Planned Development are compatible with
existing and planned land uses adjacent to the site;
97
iii. Whether there are extenuating circumstances justifying the failure to submit a
preliminary plat or other development application during the applicable time
period; and
iv. Whether rezoning the property to another classification constitutes confiscation of
a vested property right or deprives the owner of the economically viable use of the
land.
2.
City Council Action
Upon the above subsections occurring, the City Council may take the following actions:
(i) Reinstate the right to submit the preliminary plat or other development application for
the original PD project within a certain time period, subject to any conditions that may
be appropriate to ensure that significant progress will be made toward development of
land within the PD Planned Development district;
(ii) Modify the PD Planned Development district regulations applicable to the property; or
(iii) Repeal the PD Planned Development district for portions of the property and zone such
property to another zoning district classification.
(F) Decision of a Zoning Vested Rights Determination Request
(1) Review of a Zoning Vested Rights Determination Request
The responsible official shall promptly forward the owner’s vested rights request, along with any
supporting information or documentation provided along with the request, to the Zoning
Administrator and City Attorney for their respective reviews.
(2) Decision on a Zoning Vested Rights Determination Request
(a) The Zoning Administrator, after consultation with the City Attorney, shall issue a final
administrative determination of whether a vested right exists in relation to the project, and shall
identify, with particularity, all claims for vested rights that have been granted and all claims for
vested rights that have been denied.
(b) The Zoning Administrator shall issue a final administrative determination with thirty (30) business
days from the receipt of the responsible official.
(3) Vesting Pre-Determination Conference
Prior to rendering the final determination, the Zoning Administrator may request a pre-determination
conference with the owner to discuss the owner’s vested rights claim and to ensure that the nature
of the claim is fully and completely understood by the Zoning Administrator prior to a final
determination being rendered.
(G) Appeal to the City Council of a Decision on a Zoning Vested Rights Determination Request
(1) If the property owner or any affected party believes that the Zoning Administrator’s vested rights
determination is in error, the property owner or such party shall have the right to appeal within thirty
(30) business days of such determination to the City Council, which will have jurisdiction to hear and
decide the appeal pursuant to this Zoning Ordinance and Chapter 211 of the Texas Local Government
Code.
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Zoning Ordinance
(2) The property owner may also request the Board of Adjustment to grant a zoning variance from the
regulations at issue under the same standards governing variances for other matters, as set forth in
this Zoning Ordinance and/or Chapter 211 of the Texas Local Government Code.
(H) Judicial Review
Should the property owner or any aggrieved person be dissatisfied with the actions of the City Council,
they may avail themselves of all legal remedies to review the decision as set forth in Section 211.011 of
the Texas Local Government Code.
(I) Binding Determination
(1) The Zoning Administrator’s final determination, if not appealed to the City Council within thirty (30)
business days, shall be immediately filed in the City’s files related to the project and the
determination shall be considered binding upon the City and the property owner for the duration of
the project.
(2) Similarly, any decision by the City Council regarding a vested right claim shall be filed in the City’s files
related to the project and the determination shall be considered binding upon the City and the
property owner for the duration of the project.
(3) Notwithstanding the binding nature of the Zoning Administrator’s final determination and any ruling
by the City Council, the City and the property owner may, at any time, enter into a development
agreement that, to the extent authorized by law, modifies the final determination and the applicable
development regulations to be applied to the project.
(J) Action on Petition and Order
The Zoning Administrator or City Council on the petition or appeal may take any of the following actions:
(1) Deny the relief requested in the request, and direct that the application shall be reviewed and
decided under currently applicable standards;
(2) Grant the relief requested in the request, and direct that the application be reviewed and decided in
accordance with the standards contained in identified prior regulations; or
(3) Grant the relief requested in part, and direct that certain identified current standards be applied to
the application, while standards contained in identified prior regulations also shall be applied.
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Subsection 6.06.
6.06.01.
Site Plan Requirements
Site Plan Requirements
(A) Timing of the Site Plan Requirement
(1) Rezoning
No site plan is required at the time of zoning or rezoning applications except for applications for:
(a) SUP Specific Use Permit
(b) MX Mixed Use
(2) Building Permit
Site plans are required at time of building permit application.
(B) Elements and Scale of the Site Plan Requirement – Application Form
The Director shall establish an application form outlining all requirements of the site plan and shall be
responsible for maintaining and revising the application form.
6.06.02.
Approval
(A) Approval Authorities
(1) City Council
Approval by the City Council shall be required on all site plans submitted in accordance with this
Ordinance, except site plans submitted with a building permit application (see 6.06.01. (A)(1) above).
(2) Zoning Administrator
The Zoning Administrator shall have approval authority on all site plans submitted at the time of
building permit application (see 6.06.01. (A)(2) above).
(B) Review process
(1) Site Plan for a Rezoning
Site plans submitted according to Subsection 6.03 Zoning Text and Map Amendments for rezoning
property shall follow the following process.
(a) The Development Review Committee (DRC) shall evaluate all site plans and submit findings in a
report regarding the site plan’s conformance to the standards of this Zoning Ordinance to the
Zoning Administrator within twenty (20) business days following receipt of a completed
application.
(b) Upon receipt from the DRC, the Zoning Administrator may either modify or accept the DRC
report and shall submit a report to the Planning & Zoning Commission.
(c) The Planning & Zoning Commission shall review and recommend action to the City Council on the
site plan forwarded by the Zoning Administrator.
(d) The City Council shall take action to approve, approve with conditions, or deny the site plan.
(2) Site Plan for a Building Permit
The Development Review Committee (DRC) shall review site plans at time of building permit
application.
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(a) The Development Review Committee (DRC) shall evaluate all site plans and submit findings in a
report regarding the site plan’s conformance to the standards of this Zoning Ordinance within
twenty (20) business days following receipt of a complete application.
(b) The Zoning Administrator shall have the authority to approve or deny the site plan.
(C) Standards for Site Plan Review and Evaluation
The City Council or the Zoning Administrator (as determined by (A) above) shall review the site plan for
compliance with all applicable City ordinances with respect to the following:
(1) The site plan's compliance with all provisions of this Zoning Ordinance, and other applicable
ordinances.
(2) The relationship of the development to adjacent uses in terms of harmonious design, façade
treatment, setbacks, building materials, maintenance of property values, and any possible negative
impacts.
(3) The provision of a safe and efficient vehicular and pedestrian circulation system, such as driveways.
(4) The design and location of off-street parking and loading facilities to ensure that all such spaces are
usable and are safely and conveniently arranged.
(5) The sufficient width and suitable grade and location of streets designed to accommodate prospective
traffic and to provide access for firefighting and other emergency equipment to buildings.
(6) The coordination of streets so as to arrange a convenient system consistent with the City’s adopted
Thoroughfare Plan, as amended.
(7) The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement,
or activities from adjacent properties when necessary.
(8) Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to
minimize glare and reflection upon adjacent properties.
(9) Protection and conservation of water courses and areas that are subject to flooding.
(10) The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities
necessary for essential services to residents and occupants.
(D) Developments Approved in Conjunction with a Site Plan
Any individual lot or lots proposed for development that were approved in conjunction with a site plan
that shall require rezoning that have not complied with the requirements of 6.06.06. Applicant Initiated
Elimination of Existing Site Plans and 6.06.07. Expiration of Site Plans below or SUP Specific Use Permit
shall follow the requirements set out in Subsection 6.06 Site Plan Requirements and Subsection 6.03
Zoning Text and Map Amendments.
(E) Conformity Required for the Granting of Building or Occupancy Permits
In order for a building permit or occupancy permit to be granted, all construction shall conform to the
approved site plan, or if no site plan is required, then all other requirements of this Ordinance shall be
met.
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6.06.03.
Failure to Comply
Whenever the Zoning Administrator finds that any proposed construction varies substantially for properties
approved in conjunction with a site plan approved by the Planning & Zoning Commission and City Council, the
procedure outlined in 6.06.04. Major Variation below shall be followed.
(A) Major Variation of a Site Plan
(1) A major variation is defined as an increase or decrease in the size of a building by twenty (20)
percent, a change in configuration of the proposal, increase in the number of curb cuts or change in
direction of curb cuts, and change in point of discharge of water.
(2) A change in the use of a building or property with said change in use being a permitted use in the
applicable zoning district, does not require the site plan to be reviewed.
(B) Minor Variation of a Site Plan
(1) A minor variation may be approved by the Zoning Administrator or referred as outlined in 6.06.04.
Major Variation below at the discretion of the Zoning Administrator.
(2) A minor variations include corrections of distances and dimensions, adjustments of building
configuration and placement, increase in building area not to exceed 1,000 square feet, and the
addition or removal of ten (10) or fewer parking spaces.
(3) In regards to property being developed that does not require an approved site plan by Planning &
Zoning Commission or City Council, no deviation from the site plan submitted at the time of building
permit application shall be allowed unless an application for amendment is made by the applicant
and approved by the Zoning Administrator.
6.06.04.
Major Variation
Major variation to the site plan shall occur in the same manner as the original application.
6.06.05.
Fees
Refer to the adopted Zoning Ordinance Fee Schedule for fees.
6.06.06.
Applicant Initiated Elimination of Existing Site Plans
With the exception of SUP Specific Use Permits and PD Planned Developments, applicants for site plans
approved in conjunction with a rezoning request prior to the adoption of this Ordinance may apply for a public
hearing as prescribed in Subsection 6.03 Zoning Text and Map Amendments before the Planning & Zoning
Commission and City Council to request elimination of said site plan.
6.06.07.
Expiration of Site Plans
The approval of a site plan shall be effective for a period of three (3) years from the date of approval by the
City Council or City Staff, at the end of which time the applicant must have submitted and received approval of
a building permit or the Zoning Administrator must determine that the applicant has demonstrated substantial
progress toward the completion of the project for which the site plan was approved.
(A) Null and Void
If a building permit is not approved or the Zoning Administrator determines no substantial progress has
been made, the site plan approval is null and void.
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(B) Partial Expiration
If permits have been approved only for a portion of the property and/or improvements, the site plan for
the remaining property and/or improvements shall be null and void.
(C) Submission of New a Site Plan
The applicant shall be required to submit a new site plan for review and approval subject to the then
existing regulations.
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Subsection 6.07.
6.07.01.
General
(A) PD Planned Development Zoning District Establishment
An application for a PD Planned Development Zoning District shall be made to the Planning & Zoning
Commission and City Council in the same manner that an application for any Zoning Map Amendment
(Rezoning) is made.
(B) Submission of PD Related Plats and Site Plans Shall Occur After PD Establishment
The subsequent applications for plats and site plans within an established PD Planned Development
district shall be reviewed and approved separately and independently in accordance with established
procedures.
(C) Land Area Requirement for PD Planned Developments
A PD district requires a minimum of two (2) contiguous acres. Acreage may be less than two (2) acres
when carrying out the recommendations of the Comprehensive Plan.
6.07.02.
Planned Development (PD) Submission Requirements
(A) The Developer of a PD shall Follow a 5 Step Procedure:
(1) Pre-application conference.
(2) Zoning Map Amendment (Rezoning) application with the submission of Planned Development Master
Plan, which includes the:
(a) PD Design Statement and
(b) PD Concept Design Map.
(3) Preliminary plat, if subdivision occurs and where required by the Subdivision Ordinance.
(4) Final plat, if subdivision occurs and where required by the Subdivision Ordinance.
(5) Application for building permit and site plan reviewed by the DRC.
(B) Approvals Needed before Proceeding
(1) Each required step shall be completed and approved before the following step is reviewed.
(2) Where appropriate, other methods authorized in the Subdivision Ordinance may be substituted in
Step 3. Preliminary Plat and Step 4. Final Plat, such as an amending plat or minor plat, etc.
(3) The Planning & Zoning Commission and City Council may, however, review more than one step at the
same public hearing.
(C) Public Hearings (Rezonings and Plats)
(1) Public hearings shall be held on the Zoning Map Amendment (Rezoning) application and the Planned
Development Master Plan in accordance with regular procedures for zoning applications.
(2) Public hearings on required plats shall be held in accordance with regular procedures established in
the Subdivision Ordinance.
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6.07.03.
Planned Development (PD) Steps for Creation and Development
(A) Step 1. Pre-Application Conference Review
(1) At least ten (10) business days prior to submission of an application for Zoning Map Amendment
(Rezoning) to a PD Planned Development, the applicant shall submit to the Zoning Administrator a
Sketch Plan drawn to approximate scale showing streets, lots, public areas, and other significant
features. The applicant shall execute an acknowledgement that the pre-application conference does
not initiate a vested right.
(2) The applicant should discuss with the Zoning Administrator the procedure for adopting a PD Planned
Development and the requirements for the general layout of streets and utilities, access to arterials,
or general design and narrative, the availability of existing services, and similar matters.
(3) The Zoning Administrator shall also advise the applicant, where appropriate, to discuss the proposed
PD Planned Development with those officials charged with responsibility to review the various
aspects of the proposal coming within their jurisdiction.
(4) The intent of Step 1. Pre-Application Conference Review is to expedite and facilitate the approval of
a Planned Development Master Plan.
(B) Step 2. PD Application for Rezoning and Planned Development Master Plan
(1) Procedures and Requirements
(a) The PD Zoning Map Amendment (Rezoning) application shall be filed in accordance with regular
procedures and on application forms of the City.
(b) The Planned Development Master Plan, which is submitted with the application for rezoning,
shall consist of a PD Design Statement and a PD Concept Design Map.
(c) The applicant shall also provide other supporting maps as necessary to meet the submission
requirements of this Zoning Ordinance.
(2) PD Design Statement
The PD Design Statement shall be a written report submitted as a part of the Planned Development
Master Plan containing a minimum of the following elements:
(a) Title of PD;
(b) List of the owners and/or Developers;
(c) Statement of the general location and relationship to adjoining land uses, both existing and
proposed;
(d) Description of the PD concept, including an acreage or square foot breakdown of land use areas
and densities proposed, a general description proposed, a general description of building use
types, proposed restrictions, and typical site layouts;
(e) The existing PD zoning districts in the development area and surrounding it;
(f) Selection of one conventional zoning district as a base zoning district to regulate all uses and
development regulations not identified as being modified (multiple base zoning districts may be
selected to accommodate a mixture of land uses in different geographic areas);
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(g) A list of all applicable special development regulations or modified regulations to the base zoning
district; plus a list of requested subdivision waivers to the Subdivision Ordinance or other
applicable development regulations;
(h) A statement identifying the existing and proposed streets, including right-of-way standards and
street design concepts;
(i) The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover,
and drainage information;
(j) A topographic map with minimum five (5) foot contour intervals;
(k) Drainage information, including number of acres in the drainage area and delineation of
applicable flood levels;
(l) A statement of utility lines and services to be installed, including lines to be dedicated to the City
and which will remain private;
(m) The proposed densities, and the use types and sizes of structures; and
(n) A description of the proposed sequence of development.
(3) PD Concept Design Map
(a) The PD Concept Design Map shall be a graphic representation of the development plan for the
area of a PD Planned Development.
(b) The Zoning Administrator shall establish an application form outlining all requirements of the PD
Concept Design Map and shall be responsible for maintaining and revising the application form.
(4) Approval of the Planned Development Master Plan
(a) Upon final approval by the City Council of the Planned Development Master Plan and the
appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning
District Map.
(b) The rezoning ordinance shall adopt the Planned Development Master Plan by reference, and it
shall be attached to said ordinance and become a part of the official records of the City.
(5) Expiration of Planned Development Master Plan
(a) If, after two (2) years from the date of approval of a Planned Development Master Plan, no
substantial development progress has been made within the PD, then the Planned Development
Master Plan shall expire.
(b) If a Planned Development Master Plan expires, a new Planned Development Master Plan must be
submitted and approved according to the procedures within this section.
1.
An extension to the two (2) year expiration shall be granted if a development application for
the PD has been submitted and is undergoing the development review process or if the
Zoning Administrator determines development progress is occurring.
(6) Use and Development of the Property
(a) The Planned Development Master Plan shall control the use and development of the property,
and all building permits and development requests shall be in accordance with the plan until it is
amended by the City Council.
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(b) The developer shall furnish a reproducible copy of the approved PD Concept Design Map for
signature by the mayor and acknowledgement by the City secretary.
(c) The Planned Development Master Plan, including the signed map and all supporting data, shall
be made a part of the permanent file and maintained by the City secretary.
(C) Step 3. Preliminary Plat
(1) If the subdivision of land is to occur, then after City Council approval of the Zoning Map Amendment
(Rezoning) with the associated Planned Development Master Plan, the developer shall prepare a
Preliminary Plat for the entire development area.
(2) Where a recorded plat exists and where there will be no extensive easements, no homeowners or
property owners associations, no plat restrictions, and no sale of lots that do not conform to the
platted lot lines, the City Council may waive the platting requirement.
(D) Step 4. Final Plat
(1) Where a subdivision plat is required, the developer shall prepare a final plat for review, approval, and
filing of record according to procedures established by the City Council. In addition to these
procedures, the final plat shall include:
(a) Provisions for the ownership and maintenance of common open space and detention/retention
ponds. Said open space shall be dedicated to a private association or dedicated to the public
provided that a dedication to the public shall not be accepted without the approval of the City
Council.
(b) A homeowners and property owners association shall be created if other satisfactory
arrangements have not been made for improving, operating, and maintaining common facilities,
including private street drives, fire lanes, service and parking areas, and recreation areas.
(2) If no plat is required, then proof of the items identified in (1)(a) and (1)(b) above shall be submitted
and approved as a part of the Planned Development Master Plan at the time the Zoning Map
Amendment (Rezoning) is considered for approval.
(E) Step 5. Site Plan
A site plan shall be submitted upon the application for a building permit and reviewed in accordance with
procedures established in Subsection 6.06 Site Plan Requirements.
6.07.04.
Planned Development (PD) Modifications
(A) Minor PD Amendment and Adjustment
The Zoning Administrator may approve or defer for City Council consideration a Minor PD Amendment
and Adjustment to the Planned Development Master Plan provided all of the following conditions are
satisfied:
(1) The project boundaries are not altered.
(2) Uses other than those specifically approved in the Planned Development Master Plan are not added.
Uses may be deleted but not to the extent that the character of the project is substantially altered
from the character described within the PD Design Statement.
(3) The allocation of land to particular uses or the relationship of uses within the project are not
substantially altered.
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(4) The density of housing is not increased more than ten (10) percent or decreased by more than thirty
(30) percent.
(5) The land area allocated to nonresidential uses is not increased or decreased by more than ten (10)
percent.
(6) Floor area, if prescribed, is not increased or decreased by more than ten (10) percent.
(7) Floor area ratios, if prescribed, are not increased.
(8) Open space ratios, if prescribed, are not decreased.
(B) Zoning Administrator Approval
(1) The Zoning Administrator shall determine if proposed amendments to an approved Planned
Development Master Plan satisfy the above criteria.
(2) If the Zoning Administrator finds that these criteria are not satisfied, an amended Planned
Development Master Plan shall be submitted for full review and approval according to the
procedures set forth in these regulations.
6.07.05.
Reversion
(A) Property Owner Request
(1) If the property owner decides to abandon the PD concept and nullify the Planned Development
Master Plan, he shall make application for rezoning either to the original status or to a new
classification.
(2) Said application shall be heard according to regular rezoning procedures utilized by the Planning &
Zoning Commission and City Council.
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Subsection 6.08.
6.08.01.
Specific Use Permit Regulations and Procedures
(A) Procedures for Processing a Specific Use Permit
(1) The Zoning Administrator shall initiate review of the SUP and may request written comments from
the Development Review Committee (DRC), if deemed necessary.
(2) Planning & Zoning Commission shall review and recommend approval, approval with conditions, or
denial of the SUP to the City Council.
(3) After receiving recommendation from Planning & Zoning Commission, City Council shall approve,
approve with conditions, or deny the SUP. Although the approval of the SUP does not change the
zoning classification.
(4) Both Planning & Zoning Commission and City Council shall provide the required public hearing and
notice in accordance with 6.03.02. Public Hearings and Notification Requirements for Zoning
Related Applications.
(B) Compatibility Considerations
(1) The City Council and the Planning & Zoning Commission in considering any request for Specific Use
Permit shall only approve such request after they have determined that the use or uses allowed will
not be detrimental to the adjacent properties or to the City as a whole.
(2) The Zoning Administrator, City Council and the Planning & Zoning Commission may require from the
applicant any plans, information, operational data, and expert evaluation concerning the location,
function, and characteristics of the proposed use or buildings.
(3) The City Council when granting a Specific Use Permit, and the Planning & Zoning Commission when
making a recommendation concerning a Specific Use Permit, shall establish conditions and
regulations, in addition to those of the base zoning district, necessary to protect the health, safety,
morals, and general welfare of the neighborhood and/or the City. In addition, the use shall be in
general conformance with the Comprehensive Plan and general objectives of the City. These
conditions may include but are not limited to:
(a) Paving of streets, alleys, and sidewalks,
(b) Means of ingress and egress to public streets,
(c) Provisions for drainage,
(d) Adequate off-street parking,
(e) Protective screening, landscaping, and open space,
(f) Area or security lighting,
(g) The locations and heights of structures,
(h) Architectural compatibility of buildings,
(i) Intensity of the use, and
(j) Adequate traffic circulation required to contain all stacking activity on the site.
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(C) Imposed Conditions for Approval
(1) In granting a Specific Use Permit, the City Council may impose conditions that shall be complied with
by the owner or grantee before a certificate of occupancy may be issued by the Building Official for
use of the building or property.
(2) Any special conditions shall be set forth in writing in the ordinance granting the SUP.
(D) Compliance Mandatory with Written Requirements
No Specific Use Permit shall be granted unless the applicant, owner and grantee of the Specific Use Permit
shall be willing to accept and agree to be bound by and comply with the written requirements of the
Specific Use Permit, as attached to the site plan drawing(s) and approved by the Planning & Zoning
Commission and City Council.
(E) Specific Use Permit Expiration and Extension
(1) SUP Expiration
An SUP shall automatically expire if a building permit is not issued and construction begun within six
(6) months of the granting of the SUP.
(2) SUP Extension
The City Council may authorize an extension beyond the six (6) months upon recommendation by the
Zoning Administrator.
(F) Enlargement, Modification, or Structural Alternation
(1) A building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally
altered, or otherwise changed provided the changes do not:
(a) Increase the height of structures, including antenna support structures;
(b) Increase building square footage from its size at the time the original Specific Use Permit was
granted by greater than ten (10) percent;
(c) Reduce the distance between a building or noise-generating activity on the property and an
adjacent, off-site residential use. This provision shall not apply should the property and the
residential use be separated by a major thoroughfare depicted on the City’s Thoroughfare Plan;
or
(d) Reduce the amount of open space as indicated on the previously approved zoning exhibit.
(2) All other enlargements, modifications, structural alterations, or changes shall require the approval of
a new Specific Use Permit. Antennas may be placed on antenna support structure that is already
permitted by an existing Specific Use Permit without approval of a separate Specific Use Permit
subject to approval of a final plat and site plan for the property if appropriate.
(3) An SUP can only be used by the specific use for which it is granted. (For example, a use that obtained
an SUP cannot convert to another use that requires an SUP without approval.)
(G) Board of Adjustment Exclusion
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision,
determination, or ruling with respect to the specific land use designated by any Specific Use Permit.
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(H) Zoning Map
(1) When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended
according to its legend to indicate that the affected area has conditional and limited uses, and said
amendment is to indicate the appropriate zoning district for the approved use and prefixed by an “S”
designation.
(2) Specific Use Permits granted shall be indicated by numerical designation on the Zoning District Map,
and a record maintained of the numerical designation of each SUP and the conditions of approval.
(3) Specific Use Permits are attached to the property, not to the owner, the business, or the subtenant.
(I) Amend, Change, or Rescind a Specific Use Permit
Upon holding a properly noticed public hearing, the City Council may amend, change, or rescind a Specific
Use Permit after recommendation by the Planning & Zoning Commission if:
(1) The building, premise, or land uses under a Specific Use Permit is enlarged, modified, structurally
altered, or otherwise significantly changed without approval of a separate Specific Use Permit for
such enlargement, modification, structural alteration, or change;
(2) Violation of any provision of the terms or conditions of a Specific Use Permit;
(3) Ad valorem taxes on the property are delinquent by more than six (6) months; or
(4) The Specific Use Permit was obtained by fraud or with deception.
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Subsection 6.09.
(A) City Council Initiation of Amortization Case
Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a
compliance date for a nonconforming use.
(B) Board of Adjustment Decision of Amortization Case
(1) Per the authorization of City Council, the Board of Adjustment may require the discontinuance of a
Nonconforming Use under any plan whereby the full value of the use’s structure and facilities can be
amortized within a definite period of time, taking into consideration the general character of the
neighborhood and the necessity for all property to conform to the zoning regulations.
(2) All actions to discontinue a nonconforming use shall be taken with due regard for the property rights
of the persons affected when considered in the light of the public welfare and the character of the
area surrounding the nonconforming use and the conservation and preservation of property.
(C) Public Hearing Process
Upon receiving a request from the City Council, staff shall schedule the first public hearing before the
Board. The Board may establish a compliance date only after holding two separate public hearings.
(1) First Public Hearing
The Board shall hold a public hearing to determine whether continued operation of the
nonconforming use will have a significant adverse effect on nearby properties. If, based on the
evidence presented at the public hearing, the Board determines that continued operation of the
nonconforming use will have a significant adverse effect on nearby properties, it shall schedule a
second public hearing to establish a compliance date for the nonconforming use; otherwise, it shall
not. In determining whether the continued operation will have a significant adverse effect on nearby
properties, the Board shall consider the following factors:
(a) The character of the surrounding neighborhood.
(b) The degree of incompatibility of the use with the zoning district in which it is located.
(c) The manner in which the use is being conducted.
(d) The hours of operation of the use.
(e) The extent to which continued operation of the use may threaten public health or safety.
(f) The environmental impacts of the use's operation, including but not limited to the impacts of
noise, glare, dust, and odor.
(g) The extent to which public disturbances and nuisances may be created or perpetuated by
continued operation of the use.
(h) The extent to which traffic or parking problems may be created or perpetuated by continued
operation of the use.
(i) Any other factors relevant to the issue of whether continued operation of the use will adversely
affect nearby properties.
(j) To the extent the nonconforming use impacts the value and marketability of the abutting and
surrounding properties or neighborhood.
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(2) Second Public Hearing
(a) If the Board has determined in the first public hearing that the nonconforming use has an
unacceptable adverse effect on nearby properties, it shall hold a second public hearing to set a
date for compliance. The Board shall, in accordance with the law, provide a compliance date for
the nonconforming use under a plan whereby the owner's actual investment in the use before
the time that the use became nonconforming can be amortized within a definite time period. The
following factors must be considered by the Board in determining a reasonable amortization
period:
1.
The owner's capital investment in structures, fixed equipment, and other assets (excluding
inventory and other assets that may be feasibly transferred to another site) on the property
before the time the use became nonconforming.
2.
Any costs that are directly attributable to the establishment of compliance date, including
demolition expenses, relocation expenses, termination of leases, and discharge of
mortgages.
3.
Any return on investment since inception of the use, including net income and depreciation.
4.
The anticipated annual recovery of investment, including net income and depreciation.
5.
A reasonable closeout and termination period for the nonconforming use.
(b) If the Board, at the first public hearing, requests financial documentation and/or records from
the owner relating to the factors listed directly above, the owner shall provide said documents
and/or records at least thirty (30) days before the second public hearing. If the owner does not
provide said documentation, the Board is authorized to make its determination of a compliance
date based upon any reasonably available public records as well as public testimony at the
hearing. Failure by owner to provide the requested financial documents and records shall not
prevent the Board from setting a compliance date.
(D) Ceasing Operations
If the Board establishes a compliance date for a nonconforming use, the use must cease operations on
that date and it may not operate thereafter unless it becomes a conforming use.
(E) Definitions
For purposes of this subsection, "owner" means the owner of the Nonconforming Use at the time of the
Board's determination of a compliance date for the nonconforming use.
(F) Finality of Decisions
(1) Decisions that cannot be Immediately Appealed
A decision by the Board that the continued operation of a Nonconforming Use will have a significant
adverse effect on neighboring property and the Board’s decision to schedule a second public hearing
to establish a compliance date are not final decisions and cannot be immediately appealed.
(2) Decision to Deny a Request to Establish a Compliance Date
A decision by the Board to deny a request to establish a compliance date is final unless appealed to
state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government
Code.
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(3) Decision Setting a Compliance Date
A decision by the Board setting a compliance date is final unless appealed to state court within ten
(10) calendar days in accordance with Chapter 211 of the Local Government Code.
Subsection 6.10.
Reinstatement of Nonconforming Rights
(A) Loss of Nonconforming Rights Status
If the Zoning Administrator determines that a nonconforming use has been discontinued under 1.06.04.
(B) Reinstatement of Nonconforming Use Rights and has lost its nonconforming rights, the use shall not
be instituted on that parcel or other parcel in any district that does not permit the discontinued use.
(B) Notice to Owner and/or Operator Required
Notice of this determination shall be made in writing to the owner and/or operator of the discontinued
use.
(C) Application for Nonconforming Rights Reinstatement
(1) The owner and/or operator of the abandoned nonconforming use may submit a written application
to the Board to have the nonconforming rights reinstated.
(2) Written application for reinstatement of nonconforming rights must be made within ten (10) business
days after the Zoning Administrator issues the written notice of determination that a use has been
permanently abandoned.
(D) Board Decision
The Board may reinstate nonconforming rights only if the Board finds there was a clear intent not to
abandon the use even though the use was discontinued for six (6) months or more. The failure of the
owner and/or operator to remove on-premise signs shall not be considered (on its own) evidence of a
clear intent not to abandon the use.
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Subsection 6.11.
6.11.01.
Appeals and the Appeal Process
(A) The Board of Adjustment may hear and decide an appeal that alleges error in an order, requirement,
decision or determination made by an administrative official in the enforcement of this Ordinance or
Section 211.007, Texas Local Government Code as it exists or may be amended.
(B) In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify
the administrative official's order, requirement, decision, or determination from which an appeal is taken
and make the correct order, requirement, decision, or determination, and for that purpose the Board has
the same authority as the administrative official.
6.11.02.
Any person aggrieved by the decision of the Zoning Administrator on a site plan for a building permit may
appeal to the Planning & Zoning Commission and City Council.
(A) Notice of Appeal
Notice of such appeal shall be given within thirty (30) business days after the decision of the Planning and
Community Development department, and the department shall cause the appeal to be set for hearing
before the Planning & Zoning Commission and City Council.
(B) Planning & Zoning Commission Recommendation on Appeal
The Planning & Zoning Commission shall make a recommendation to the City Council on the site plan.
(C) City Council Decision on Appeal
The City Council shall take action to approve, approve with conditions, or deny the site plan.
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Subsection 6.12.
6.12.01.
Zoning Variance
Purpose and Applicability
(A) Cases for which a Zoning Variance may be Granted
The Zoning Board of Adjustment may authorize a variance from the terms of this Zoning Ordinance for
any performance standard.
(B) Variance Criteria
No zoning variance shall be granted without first having given public notice and having held a public
hearing on the zoning variance request in accordance with 6.03.02. Public Hearings and Notification
Requirements for Zoning Related Applications and unless the Board of Adjustment finds all the following
criteria are met.
(1) Unique Circumstances
That there are special circumstances or conditions affecting the land involved such that the
application of the Zoning Ordinance’s provisions would deprive the applicant of the reasonable use of
his/her land.
(2) Minimum Necessary Relief Required to Alleviate the Undue Hardship
The zoning variance, if granted, would be the minimum necessary relief required to alleviate the
undue hardship.
(3) Preservation of Property Rights
That the zoning variance is necessary for the preservation and enjoyment of a substantial property
right of the applicant.
(4) No Substantial Detriment to the Public Good
That the granting of the zoning variance will not be detrimental to the public health, safety or
welfare, impair the purposes and intent of this Zoning Ordinance and the Comprehensive Plan or be
injurious to other property within the area.
(5) Orderly Use of Land
That the granting of the zoning variance will not have the effect of preventing the orderly use of
other land within the area in accordance with the provisions of this Zoning Ordinance.
(6) Precedent
The granting of an individual zoning variance will not set a precedent.
(7) Finding of Undue Hardship
In order to grant a zoning variance, the Board of Adjustment must make findings that an undue
hardship exists, using the following criteria:
(a) That literal enforcement of the controls will create an undue hardship or practical difficulty in the
development of the affected property; and
(b) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting
all or most properties in the same zoning district; and
(c) That the relief sought will not injure the permitted use of adjacent conforming property; and
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Zoning Ordinance
(d) That the granting of a zoning variance will be in harmony with the spirit and purpose of these
regulations.
(e) Financial hardship alone is not an “undue hardship” if the property can be used, meeting the
requirements of the zoning district in which the property is located.
(C) Variance Limitations
(1) Completed Action Required Before a Variance
An application or request for a variance shall not be heard or granted with regard to any parcel of
property or portion thereof upon which a site plan, preliminary plat, or final plat, when required by
the Zoning Ordinance or the Subdivision Ordinance for any parcel of property or portion thereof, has
not been finally acted upon by both the Planning & Zoning Commission and, where required, by the
City Council.
(2) Exhausted all Other Options
The administrative procedures and requirements of the Zoning Ordinance, and any amendments
thereto, with regard to both the Planning & Zoning Commission and City Council consideration and
action, on site plans, preliminary plats, and final plats, must be exhausted prior to requesting a
variance.
(D) Public Hearing Required
(1) The Board of Adjustment shall hold a public hearing for each variance applicant and shall provide the
notice and public hearing required by this Ordinance.
(2) At the public hearing, the Board of Adjustment shall consider public comments, the Zoning
Administrator’s recommendation, and other applicable information and shall approve, approve with
conditions, or deny the variance application.
(E) Concurring Vote of 75 Percent Required
Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of
the members of the Board of Adjustment is necessary to grant a zoning variance.
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Subsection 6.13.
6.13.01.
Purpose and Applicability
(A) Purpose
The Board of Adjustment is authorized to hear and decide a special exception to the Zoning Ordinance
that are not permitted by right in a particular district because of potential adverse effect, but which if
controlled in the particular instance as to its relationship to the neighborhood and to the general welfare,
may be permitted by the Board of Adjustment, where specifically authorized by (D) below, and in
accordance with the substantive and procedural standards of the Zoning Ordinance.
(B) Zoning Special Exception Defined
A special exception is an allowed variation from the Zoning Ordinance, but is differentiated from a
variance as the term is used in this Zoning Ordinance by the following:
(1) No Hardship Required
A special exception does not require a finding of an undue hardship.
(2) Specifically Allowed and Pre-Determined by the Zoning Ordinance
Approval of a special exception by the Board of Adjustment is specifically provided for and defined in
this Zoning Ordinance.
(C) Requests for a Zoning Special Exception
(1) The Board of Adjustment may grant a special exception in accordance to the provisions of (D) below
upon written request of the property owner.
(2) The Zoning Administrator shall process and review a special exception.
(D) Zoning Special Exception Authorized
When in the Board of Adjustment judgment, the public convenience and welfare will be substantially
served and the appropriate use of the neighboring property will not be substantially injured, the Board of
Adjustment may, in specific cases, after public notice and public hearing and subject to appropriate
conditions and safeguards, authorize the following special exceptions to the regulations herein
established:
(1) Parking
(a) A reduction in the number of on-site parking spaces may be granted in the nonresidential
districts and for all nonresidential uses located in residential districts. Documentation justifying
the reduction must be presented.
(b) Parking spaces may be located off-site and counted toward the parking requirements if the
following requirements are met:
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1.
Parking spaces are within three hundred (300) feet, measured by a straight line from the
nearest point of the land on which the use served is located to the nearest point of the
separated off-site parking space;
2.
A safe and accessible pedestrian connection from the parking area to the use is available;
and
Zoning Ordinance
3.
A written agreement shall be drawn to the satisfaction of the City Attorney and executed by
all parties concerned assuring the continued availability of the off-site parking facilities for
the use they are intended to serve.
(2) Accessory Buildings
(a) Accessory buildings of more than four hundred and forty (440) square feet shall be allowed
within the setback limits contained in 4.02.01. (A)(2) provided that prior to beginning
construction the property owner obtained a building permit allowing such construction, and
further provided that said property owner acted in good faith and in reliance upon the issuance
of said building permit.
(b) The height of accessory buildings may exceed twelve (12) feet provided that the height of any
accessory building shall not exceed the height of the main structure except as permitted in the
following subsection.
(c) The height of accessory buildings may exceed twelve (12) feet and may exceed the height of the
main structure provided that prior to beginning construction the property owner obtained a
building permit allowing such construction, and further provided that said property owner acted
in good faith and in reliance upon the issuance of said building permit, but in no event shall the
height of any accessory building exceed the highest point of the roof of the primary structure.
(3) Accidental Encroachments
A special exception may be granted to correct an inadvertent and accidental building encroachment
into a required front, side, or rear yard setback. The encroachment must be a distance of twenty (20)
percent or less of the required setback, and must be clearly unintentional and unplanned.
(E) The Board of Adjustment may Impose Conditions
In granting special exceptions under this Section, the Board of Adjustment may impose such conditions as
are necessary to protect adjacent property owners and to ensure the public health, safety and general
welfare, including but not limited to conditions specifying the period during which the nonconforming use
may continue to operate or exist before being brought into conformance with the provisions of this
Ordinance.
(F) Concurring Vote of 75 Percent Required
Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of
the members of the Board of Adjustment is necessary to grant a special exception.
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Section 7. Administrative Clauses
Subsection 7.01.
7.01.01.
Savings / Repealing
Illegal Uses
By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless
specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses
shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
7.01.02.
Repealing
All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance.
Subsection 7.02.
7.02.01.
Penalty for Violations
Violation
A person who knowingly violates any provision of this chapter is guilty of a separate offense for each day
during which the violation is continued.
7.02.02.
Fine
Each offense is punishable by a fine of not more than $2,000 nor less than $200, imprisonment, or both. The
minimum fine established in this paragraph shall be doubled for the second conviction of the same offense
within any 24-month period and tripled for the third and subsequent convictions of the same offense within
any 24-month period. At no time shall the minimum fine exceed the maximum fine established in this
paragraph.
7.02.03.
Legal Rights
The penal provision imposed under this Ordinance shall not preclude the City of Richland Hills from filing suit
to enjoin the violation. The City of Richland Hills retains all legal rights and remedies available to it pursuant to
local, state, and federal law.
Subsection 7.03.
7.03.01.
Severability
Unconstitutional or Invalid Section
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or
invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this
Ordinance shall remain in full force and effect.
7.03.02.
Independent Sections
The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or
phrases be declared unconstitutional or invalid.
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Administrative Clauses
Zoning Ordinance
Subsection 7.04.
Estoppel / Waiver
The failure of the City to enforce any term or condition of this Ordinance shall not constitute a waiver or estoppel
or any subsequent violation of this Ordinance.
Subsection 7.05.
Publication
This Ordinance shall become effective after its passage and publication as required by law and the City Charter of
the City of Richland Hills, Texas.
Approved as to Form:
Passed and Enrolled
__________Day of, _____________, 20_____
City Attorney (Signature in above box)
Adoption Date
Mayor, City of Richland Hills, Texas (Signature in above box)
Attest:
City Secretary, City of Richland Hills, Texas (Signature in
above box)
Administrative Clauses
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Section 8. Definitions
For the purpose of this Zoning Ordinance, certain terms and words are to be used and interpreted as defined hereinafter.
Words used in the present tense shall include the future tense; words in the singular number include the plural and words
in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The
word shall is mandatory and not discretionary. The following are the Zoning Ordinance definitions.
Accessory Structure
Any structure, either attached or detached from the main dwelling, the use of which is incidental to that of the
main structure and located on the same lot. Accessory structures include, but are not limited to patio covers,
arbors, gazebos, cabanas, outdoor kitchens and/or recreational fire enclosures, trellis, and structures/sheds or the
like. A permit is required for all accessory structures. Also referred to as accessory buildings.
Acts of Nature
An extraordinary interruption by a natural cause (such as a flood or earthquake) of the usual course of events that
experience, prescience, or care cannot reasonably foresee or prevent.
Agricultural Use
A use that consist of the growing of crops mainly for food and fiber, or the keeping, grazing, breeding, or feeding of
animals for the products they produce or for eventual sale.
Airport/Heliport
A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for
refueling and repair, and various accommodations for passengers.
Alley
A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or
side of properties otherwise abutting a street, and which may be used for public utility purposes.
Antenna
An instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving
any portion of the radio, microwave, or electromagnetic spectrum. See Communication Towers and Television
Receivers Ordinance in the Supplementary Ordinances.
Antique Shop and Used Furniture
A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with
all sales and storage occurring inside a building.
Apartment
A room or suite of rooms in a multifamily residence arranged, designed, or occupied as a place of residence by a
single family, individual, or group of individuals.
Applicant
Any person or entity that submits to the City an application for a permit required by the City for a project. To be
qualified as an applicant under this Ordinance, the person or entity must have sufficient legal authority or
proprietary interests in the land to commence and maintain proceedings under this Ordinance. The term shall be
restricted to include only the property owner(s), or a duly authorized agent and representative of the property
owner.
Application for a Permit
Any document filed with the City that clearly indicates that the applicant is seeking consideration for a permit, the
type of permit sought and provides the City with fair notice of the project, and when used in this Zoning
Ordinance, shall include a plan for development of real property or a plan for development; but excluding
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Definitions
Zoning Ordinance
applications to establish or amend a zoning district, including but not limited to a request to establish or amend a
Planned Development (PD) or to receive or amend a Specific Use Permit (SUP).
Articulation
The visual variation to both the height and depth dimensions of a building through the use of materials, colors,
fenestration and details.
Artisan's Workshop
An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture,
sculpture, pottery, leather-craft, hand-woven articles, and related items.
Athletic Stadium or Field, Private
A private field(s) and structure used for sporting events with associated spectator seating, either permanent or
temporary.
Athletic Stadium or Field, Public
A field(s) and structure owned and operated by the City and/or a local independent school district used for
sporting events with associated spectator seating, either permanent or temporary.
Auction House
A place where objects of art, furniture and other goods are offered for sale to persons who bid on the object in
competition with each other.
Auto Parts Sales, Inside
Stores for the sale of new auto parts where all business is completely contained within a building.
Auto Parts Sales, Outside
The use of any land area for the display and sale of new or used parts, including tires, for automobiles, panel trucks
or vans, trailers, or recreation vehicles.
Automobile
A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and
people, including, but not limited to, passenger cars, trucks, buses, motor scooters, and motorcycles.
Automobile Repair, Major
General repair or reconditioning of engines, air-conditioning systems, and transmissions for automobiles; wrecker
or towing service with on-site storage of vehicles; collision services including body, frame, or fender straightening
or repair; customizing; painting; vehicle steam cleaning; tire retreading; insurance estimations with on-site storage;
undercoating and rust proofing, and other similar uses.
Automobile Repair, Minor
An establishment used for the dispensing or sales of automobile fuels, lubricants, and automobile accessories; the
minor repair or replacement of parts and performing state inspections and making minor repairs necessary to pass
said inspection; automobile detailing; window tinting, and the sales and installation of automobile radios. Uses
listed under “Automobile Repair, Major” or any other similar uses are not included. Vehicles, which are
inoperative or are being repaired, may not remain parked outside for a period greater than seven (7) calendar
days.
Automobile Sales, Used
Sales of used automobiles or light load vehicles.
Automobile Sales/Leasing, New
Sales, rental, and/or leasing of new automobiles or light load vehicles, including, as accessory uses: Automobile
Sales, Used; Automobile Repair, Major; and Automobile Storage.
Definitions
123
Automobile Storage
The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, lease,
distribution, or storage.
Bank, Savings and Loan, or Credit Union
An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the
transmission of funds, including automated teller machines.
Beauty Salon/Barber Shop
Establishments primarily engaged in providing services generally involved in the care of the person or his apparel
including, but not limited to, barber and beauty shops, spas, nail salons, tanning salons, ear piercing shops,
cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn
An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed and
Breakfast Inn may provide for guest stays up to fourteen (14) consecutive calendar days; however, it shall not offer
weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no
food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include restaurants,
banquet facilities, or similar services.
Block
A grouping of residential lots (and their alleys) that are partially or fully surrounded by one or more streets. A block
consists of one or two tiers of lots. Lots that are separated by an alley are in the same block, but lots that are
separated by a street are in different blocks.
Boat Sales and Repair
A use in which the purpose is the repair and/or retail sale of boats and other watercraft to the public.
Body Art Studio
An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of
designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other
substances that result in the permanent coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's
body to insert jewelry or another decoration.
Building
Any structure used or intended for supporting or sheltering any use or occupancy.
Building, Main
A building in which the principal use of the lot on which it is situated is conducted. In a residential district any
dwelling shall be deemed to be a main building on the lot on which it is situated.
Building Height
The vertical distance between the average of the highest and lowest points of grade of that portion of the lot
covered by the building to the highest point of a structure.
Building Line
A line parallel, or approximately parallel, to any front lot line at a specific distance therefrom, marking the
minimum distance from the front lot line that a building may be erected.
Building Material and Hardware Sales, Major
An establishment for the sale of materials customarily used in the construction of buildings and other structures,
including outside storage or display of materials or merchandise.
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Definitions
Zoning Ordinance
Building Material and Hardware Sales, Minor
An establishment for the sale of materials or tools customarily used in the construction of buildings and other
structures, without any outside storage or display of materials or merchandise.
Building Official
The inspector or administrative official charged with responsibility for issuing permits and enforcing the Building
Code.
Business Service
An establishment primarily engaged in providing services not elsewhere classified, to business enterprises on a fee
contract basis, including, but not limited to, advertising agencies, computer programming and software services,
and office equipment sales, rental, leasing, or repair.
Cabinet/Upholstery Shop
An establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture.
Caretaker's/Guard's Residence
A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard, and
his/her family, employed on the premises.
Carport
A structure open on a minimum of two sides designed or used to shelter not more than three (3) vehicles and not
to exceed twenty-four (24) feet on its longest dimension. Also called "covered parking area."
Car Wash, Full Service
A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for
financial consideration.
Car Wash, Self Service
A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.
Carpet Cleaners
A professional business for the residential or commercial cleaning of carpets, other flooring, and similar services to
be performed off-site.
Cemetery or Mausoleum
Property used for the interring of the dead.
Certificate of Occupancy
An official certificate issued by the City through the Building Official that indicates conformance with or approved
conditional variations from the zoning regulations and authorizes legal use of the premises for which it is issued.
Child-Care: Foster Family Home (Independent)
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single
independent home that is the primary residence of the foster parents and licensed to provide care for six or fewer
children up to the age of 18 years.
Child-Care: Foster Group Home (Independent)
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single
independent home that is the primary residence of the foster parents and licensed to provide care for seven to 12
children up to the age of 18 years.
Definitions
125
Child-Care: Licensed Child-Care Center
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, an
operation providing care for seven or more children younger than 14 years old for less than 24 hours per day at a
location other than the permit holder’s home.
Child-Care: Licensed Child-Care Home
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, the
primary caregiver provides care in the caregiver’s own residence for children younger than 14 years old. The total
number of children in care varies with the ages of the children, but the total number of children in care at any
given time, including the children related to the caregiver, must not exceed 12.
Child-Care: Listed Family Home
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a
caregiver at least 18 years old who provides care in the caregiver’s own residence for compensation, for three or
fewer children unrelated to the caregiver, younger than 14 years old. Regular care is provided, which is care
provided for at least four hours a day, three or more days a week, and more than nine consecutive weeks. The
total number of children in care, including children related to the caregiver, may not exceed 12.
Child Care: Registered Child-Care Home
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a
caregiver who provides regular care in the caregiver’s own residence for not more than six children younger than
14 years old. Child day care can be provided for six additional school-aged children before and after the customary
school day. The total number of children in care at any given time, including the children related to the caregiver,
must not exceed 12.
Church, Temple, Synagogue, Mosque, or Other Place of Worship
A building used primarily for religious assembly and worship and those accessory activities that are customarily
associated therewith, and the place of residence for ministers, priests, nuns, rabbis, or other religious personnel on
the premises (tax exempt as defined by State law). For the purposes of this Ordinance, Bible study and other
similar activities that occur in a person's primary residence shall not apply to this definition.
City
References to the "City" shall mean the City of Richland Hills, Texas.
City Council
The governing body of the City of Richland Hills, Texas.
College, University, Trade, or Private Boarding School
An institution established for educational purposes offering courses for study beyond the secondary education
level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation.
A boarding school is an educational institution offering primary and secondary level courses. Dormitories for
students and employees only are permitted in conjunction with these uses.
Commercial Amusement, Indoor
An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission
fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement
arcades, and/or practice areas.
Commercial Amusement, Outdoor
An enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission
fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals.
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Definitions
Zoning Ordinance
Community Center
A building or portion of a building owned and/or operated by a government entity or not-for-profit agency in
which facilities are provided for civic, educational, political, or social purposes.
Comprehensive Plan
Graphic and textual form policies that govern the future development of the City and that consists of various
components governing specific geographic areas and functions and services of the City. Current Comprehensive
Plan as it exists or may be amended.
Computer Repair
A business that primarily focuses on the repair of personal computers, including limited sales associated with
providing repair services.
Concrete/Asphalt Batching Plant, Permanent
A permanent manufacturing facility for the production of concrete or asphalt.
Concrete/Asphalt Batching Plant, Temporary
A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a
project, and to be removed when the project is completed.
Construction Yard and Field Office, Temporary
A building, structure, or storage/assembly yard used in conjunction with a development project for housing
temporary supervisory or administrative functions related to development, construction, or the sale of real estate
properties within the development and subject to removal at completion of construction.
Contractor’s Shop and/or Storage Yard
A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools,
products, and vehicle fleets.
Convenience Store with Drive-Through
A retail establishment that sells food and other consumable and non-consumable products for off-premise use or
consumption. These establishments include drive-through window service, but do not include fuel pumps.
Convenience Store with Fuel Pumps
consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and
accessories, but shall not include automobile repair or the sale of replacement parts.
Convenience Store without Fuel Pumps
consumption.
Coverage
The lot area covered by all structures located thereon. Structures shall include main structures and accessory
structures with or without a permeable roof.
Cutoff
The point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cutoff) at a
specific angle above the ground.
Cutoff Angle
The maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line
perpendicular to the ground from the light source, beyond which no light is emitted.
Definitions
127
Day Services, Adult
A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to
four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of
the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas
Department of Human Services.
Development
Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other
structures, paving, drainage, utilities, storage, and agricultural activities.
Development Review Committee (DRC)
The committee created by Subsection 5.05 to review all site plans and to recommend either approval or denial.
Disability or Handicap
With respect to an individual:

A physical or mental impairment that substantially limits one or more of such person's major life
activities,

A record of having such an impairment, or

Being regarded as having such an impairment, but such term does not include current, illegal use of or
addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C.
802)).
District
Any section or sections of the City for which the regulations governing the use of land and the use, density, bulk,
height and coverage of buildings and other structures are uniform for each class or kind of building therein.
Drivers Education Training
A business dedicated to offering drivers training courses to customers, and may include a fleet of cars to be used
for training purposes.
Dry Cleaning, Major
An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or
wholesale basis.
Dry Cleaning, Minor
A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square feet of floor area, including,
but not limited to, dry cleaning plants having no more than one thousand five hundred (1,500) square feet of floor
area for dry cleaning equipment.
Dwelling Unit Area
Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive
of porches, enclosed or open breezeways, storage area or closets, or other non-living space.
Easement
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a
corporation or another person or entity.
Electrical Power Generating Plant
All equipment, fixtures, and property operated or maintained in connection with the production of electricity and
transmission of electricity produced.
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Definitions
Zoning Ordinance
Entertainment Equipment Rental
A business providing entertainment equipment for rent to the general public, including audio systems,
bouncehouses, and other similar play equipment.
Equipment and Machinery Sales and Rental, Major
A building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.
Equipment and Machinery Sales and Rental, Minor
A building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not
limited to, bicycles, lawn mowers, tools, and other small machinery.
Fair Notice
An application for a permit containing information sufficient for the City to determine:

The size, number, location and shape of all lots involved in the project;

The desired zoning district and the specific uses allowed within the zoning district that will be developed
on the property as part of the project;

The size, number, location and type of improvements to be made on the property as part of the project;
and

The streets, alleys, water mains and taps, sanitary sewer mains and taps and storm sewers that will be
necessary to adequately serve the property when the project is complete.
Fairground, Exhibition Area, or Rodeo Arena
An area where outdoor fairs, rodeos, circuses, or exhibitions are held.
Family
One or more persons related by blood, marriage, or adoption, or a group not to exceed four (4) persons not all
related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit.
Farmer's Market
An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants,
flowers, and honey for sale. This definition does not include the sale of any type of meat, fish, poultry, eggs,
refrigerated dairy products, or home canned or packaged items.
Feed Store
An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock and including other
implements and goods related to agricultural processes, but not including farm machinery.
Fire Lane
A Fire Apparatus Access Road according to the International Fire Code.
Flea Market, Inside
A building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The
principal sales shall include new and used household goods, personal effects, tools, art work, small household
appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be
deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to
include personal services establishments, food services establishments, retail sales establishments, and auction
establishments.
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129
Flea Market, Outside
An outdoor site where space is rented to vendors on a short-term basis for the sale of merchandise. The principal
sales shall include new and used household goods, personal effects, tools, art work, small household appliances,
and similar merchandise, objects, or equipment in small quantities. The term flea market shall not include
wholesale sales establishments or rental services establishments, but shall be deemed to include personal services
establishments, food services establishments, retail sales establishments, and auction establishments.
Floodplain
Any property within the limits as delineated by FEMA (Federal Emergency Management Agency) of the 100-year
floodplain or as amended by an engineering flood study of the ultimate developed conditions prior to any
reclamation.
Floor Area
The total gross square feet of floor space within the outside dimensions of a building including each floor level, but
excluding carports, residential garages, and breezeways.
Floor Area Ratio (FAR)
The floor area of a main building or buildings on a lot, excluding structured parking garages, divided by the lot area.
Floor or Window Covering Store
A shop offering carpet, rugs, tile, draperies, and associated products for sale.
Florist or Gift Shop
A shop offering flowers, flower arrangement services, and associated products for sale
Foot-Candle
A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of
one (1) candle. When metric units are used, lux is the unit of light quantity. One (1) lux equals one (1) lumen per
square meter of area. One (1) foot-candle equals 10.76 lux.
Fortune Teller/Psychic
A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune
telling shall include, but is not limited to, uses where the fortune is told through astrology, augury, card or tea
reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy,
palmistry, psychometry, phrenology, prophecy, and spiritual reading. Fortune telling does not include forecasting
based on historical trends or patterns or religious dogma.
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
An organized group having a restricted membership and specific purpose related to the welfare of the members
including, but not limited to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.
Fuel Pumps
Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels.
Furniture Restoration
A workshop that specializes in furniture refinishing, including the use of all materials, tools, and chemicals
associated with the use.
Garage, Private
An enclosed (on at least three (3) sides) accessory building, or a part of a main building, used for storage of
automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."
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Garage Apartment
A dwelling unit erected in conjunction with a garage when the main structure is an owner occupied detached
dwelling unit that is not available for rent.
Glare
Direct light emitted from a light source, which is sufficient to cause annoyance, discomfort, or temporary loss of
visual performance and visibility.
Golf Course and/or Country Club
A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and
associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming
pools, tennis courts, and similar recreational or service uses available only to members and their guests.
Golf Course, Miniature
A novelty version of golf played on 9 or 18 holes with a putter and a golf ball on a miniature course, typically with
artificial playing surfaces, and including obstacles such as bridges and tunnels.
Governmental Office
A building used for the provision of governmental executive, management, administrative, and/or postal services.
Governmental offices include those facilities owned and/or operated by city, special district, county, state, and
federal agencies.
Grocery
A retail establishment primarily selling prepackaged and perishable food as well as other convenience and
household goods.
Guest House
An accessory building used to house guests of the owner(s) of the main residential structure, and which is never
rented or offered for rent.
Gymnastics/Dance Studio
A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for
instructional classes in gymnastics, dance, or martial arts.
Hall, Reception/Banquet/Meeting
A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or
group for a private event function, that is not open to the general public, whether or not a fee is charged.
Health/Fitness Center
A public or private facility operated to promote physical health and fitness. Activities may include exercise,
physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities
would typically include, but are not limited to, game courts, weight lifting and exercise equipment, aerobics,
swimming pools and spas, and running or jogging tracks.
Heavy Load Vehicle
A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than
11,000 pounds, such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers,
buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless
specifically stated otherwise.
Height of Luminary
The height of a luminary shall be the vertical distance from the ground directly below the centerline of the
luminary to the lowest direct light emitting part of the luminary.
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131
Helistop
An accessory use where helicopters can land and take off but excluding refueling, maintenance, repairs, and
storage of helicopters.
Home Occupation
An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential
premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in
3.02.01. (A)(8) of the Zoning Ordinance.
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, helistops, outpatient facilities, or
training facilities as licensed by the State of Texas.
Hotel/Motel
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial
consideration where customary hotel services such as linen, housekeeping service, and telephone are provided.
Room units are accessed through doorways into an internal hallway, courtyard, lobby, or with direct access from
outside. Financial consideration for room units is generally calculated on a nightly basis.
Hotel, Extended Stay
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial
consideration where customary hotel services such as linen, housekeeping service, and telephone are provided.
Residence Hotel room units are designed to be suitable for long term occupancy with financial consideration being
calculated on a nightly, weekly, and/or monthly basis. Typical Residence Hotel attributes include, but are not
limited to, kitchen facilities, two-story design, and external doorways into room units.
Household Care Facility
A dwelling unit that provides residence and care to not more than nine persons, regardless of legal relationship,
who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence;
convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial
setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This
definition is subject to Assisted Living Facility Care Act (Texas Health and Safety Code, Section 247.001 et seq.) and
Community Homes for Disabled Persons Location Act (Texas Human Resources Code, Section 123.001 et seq.) as
they presently exist or may be amended in the future. Facilities are also subject to the City of Richland Hills’
Ordinance 1258-13, codified in Article IX of Chapter 18 of the City of Richland Hills’ Code of Ordinances, as it may
be amended.
Incidental Use
Any use different from the primary use but that complements and/or supplements the primary use. Incidental
shall mean an area that constitutes not more than fifteen (15) percent of the main use. An incidental use is also an
accessory use.
Indoor Gun or Archery Range
Any indoor facility open to the public and occupying all or a portion of a building where firearms and/or archery
are discharged for testing or recreation purposes.
Industrial Park
A large tract of land that has been planned, developed and operated as an integrated facility for a number of
individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
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Lamp
The component of a luminary that produces the actual light.
Landscape Architect
A person who holds a license to practice landscape architecture in the State of Texas.
Landscaping
Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees , and non-living durable
material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but
excluding paving.
Laundromat
A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron.
Light Load Vehicles
A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than
11,000 pounds, and having no more than two (2) axles, such as pick-up trucks, vans, recreational vehicles (less than
thirty-two [32] feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
Live-Above Mixed Use
Residential dwelling units located above a nonresidential use in a vertical Mixed Use (see definition) development.
Live/Work Units
A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a
commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be
the primary dwelling of the occupant.
Loading Space
An off-street space or berth used for the delivery and loading or unloading of vehicles.
Locksmith/Security System Company
Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security
systems.
Lot
Any plot of land occupied or intended to be occupied by one main building and the required parking, or a group of
main buildings, and accessory building and uses, including such open spaces as are required by the Ordinance, and
other laws or ordinances, and having its principal frontage on a public street or officially approved place.
Lot, Area
The total area, measured on a horizontal plane, included within lot lines.
Lot, Corner
A lot that has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle
at the intersection of such two sides is less than one hundred thirty-five degrees (135°).
Lot, Depth
The mean horizontal distance between the front and rear lot lines. Thoroughfare easements shall not be included
in lot depth calculations.
Lot, Double Frontage
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
Definitions
133
Lot, Flag
A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a
width less than the minimum required lot width, but not less than twenty-five (25) feet. The maximum distance of
the area less than the required width from the front property line shall be one hundred ten (110) feet.
Lot, Interior
A lot other than a corner lot.
Lot, Key
A corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are
not separated by an alley shall be considered a key lot.
Lot Frontage
That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
Lot Line, Front
The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner
shall have a choice in designating which shall be the lot frontage. For a lot that has a boundary line that does not
abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front
and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.
Lot Line, Rear
The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot
line shall be considered the rear lot line and have a value of zero.
Lot Line, Side
Any lot line not the front or rear lot line.
Lot Lines or Property Lines
The lines bounding a lot as defined herein.
Lot of Record
A lot that is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Tarrant
County or a lot subdivided by metes and bounds description.
Lot Width
The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point
on the building line that is closest to the front lot line.
Lumen
Unit used to express the light output of a lamp or fixture.
Machine Shop
A workshop where metal fabrication tools, including, but not limited to, lathes, presses, and mills, are used for
making, finishing, or repairing machines or machine parts.
Major Thoroughfare
A six lane divided roadway as identified by the City’s thoroughfare plan.
Manufactured Housing
Any one of three types of prefabricated housing products that are typically manufactured or assembled at a
location other than the end user's permanent site, and that are regulated by the Texas Manufactured Housing
Standards Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations Code Chapter 1202. Industrialized
Housing and Buildings. For the purpose of this Ordinance, there are three types of manufactured homes:
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Mobile Home
As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a
movable dwelling designed to be transported on its own chassis on the highway (either intact or in major
sections) by a prime mover, which is constructed with a base section so as to be independently selfsupporting, and which does not require a permanent foundation for year-round living. A mobile home is
also defined as any manufactured home that was constructed prior to June 15, 1976.
Manufactured Home (HUD Code)
As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a
movable dwelling designed to be transported on the highway, either intact or in major sections, by a
prime mover, which can be used as a residential dwelling either with or without a permanent foundation.
A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed
after June 15, 1976. A HUD-Code manufactured home will display a red certification label on the exterior
of each transportable section.
Modular (Industrialized) Home
Also called “modular prefabricated structure”. As governed by the definition within the Texas
Manufactured Housing Standards Act (Article 5221f-1.), a structure or building module that is
transportable in one or more sections on a temporary chassis or other conveyance device, and that is
designed to be installed and used by a consumer as a permanent residence on a permanent foundation
system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the
structure. The term does not include a Mobile Home or Manufactured Home (HUD Code) as defined in
the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.). Industrialized homes must meet
all applicable local codes and zoning regulations that pertain to construction of traditional site
constructed ("stick built") homes. See 3.02.01. (A)(2)Modular (Industrialized) Homes for regulations.
Manufacturing, General
Manufacturing of finished products and component products or parts through the processing of materials or
substances, including basic industrial processing. Such operations shall be determined by the Fire Chief not to be a
hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive
smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.
Manufacturing, Light
The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from
previously prepared materials, but excluding basic industrial processing. Such operations shall be determined by
the Fire Chief not to be a hazard or nuisance to adjacent property or the community at large, due to the possible
emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or
radiation.
Masonry Construction
Masonry materials refer to the following classes of materials. Minimum masonry percentage is calculated based
on the entire vertical surface (excluding features such as doors and windows, but including exterior walls above
the roofline).
Class 1: Masonry Construction
Class 1: Masonry Construction shall include the following exterior construction materials: fired brick,
natural and manufactured stone, granite, and marble.
Class 2: Masonry Construction shall include the following exterior construction materials: all Class 1:
Masonry Construction materials, architectural concrete block, 3-step stucco process, and tilt wall concrete
panels.
Definitions
135
Class 3: Masonry Construction shall include the following exterior construction materials: all Class 1:
Masonry Construction materials, Class 2: Masonry Construction materials, EIFS, and sealed and painted
concrete block.
Massage Therapy, Licensed
Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by
State law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic
purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement
(percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with
mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil,
salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy"
are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness
or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or
podiatry is required by law.
Massage Therapy, Unlicensed
Any place of business in which massage therapy is practiced by an unlicensed massage therapist. "Massage
therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term
includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression,
vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical
apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps,
hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any
service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required
by law.
Mini-Warehouse/Self-Storage
A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or
any activity other than storage shall be prohibited within any individual storage unit.
Miscellaneous Hazardous Industrial Use
Any industrial use not specifically defined in this section that is a hazard or nuisance to adjacent property or the
community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or
the danger of fire, explosion, or radiation.
Mixed Use
A mix of land uses, which may include nonresidential uses with/without residential uses. Mixed use may be
“vertical”, meaning residential or office uses located above ground-level retail; mixed use may also be “horizontal”,
meaning different land uses are located adjacent to each other.
Mobile Food Vendor
Any person or persons who operates or sells food from a stationary cart, or trailer mounted on chassis, or a “food
truck” for period of fifteen (15) calendar days or greater per year. Mobile food vendors who operate for fourteen
(14) calendar days or less shall be considered temporary food establishments, as defined by the City Health
Ordinance as it exists or may be amended.
Mortuary/Funeral Parlor
A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of
the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or
cremation.
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Motorcycle
A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar
attached. For purposes of this Ordinance, motorbikes, motor scooters, mopeds, and similar vehicles are classified
as motorcycles.
Motorcycle Sales/Service
The display, sale, repair, and servicing of new or used motorcycles.
Motor Vehicle
Any vehicle designed to carry one or more persons, which is propelled or drawn by mechanical power, such as
automobiles, trucks, motorcycles, and buses.
Multifamily Residence
Attached dwelling units designed to be occupied by three or more households living independently of one another,
exclusive of hotels, motels, or residence hotels.
Municipal Uses Operated by the City
Any area, land, building, structure, and/or facility owned, used, leased, or operated by the City, including, but not
limited to, administrative office, maintenance facility, fire station, library, sewage treatment plant, police station,
water tower, service center, and park.
Museum/Art Gallery
A building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and
designed to be used for viewing, with or without an admission charge, and which may include as an accessory use
the sale of goods.
Nightclub or Dance Hall
An establishment that is open to the public, primarily at night, which serves food and beverages, provides
entertainment and may provide a dance floor. This term does not include sexually-oriented businesses.
Nonconforming Use
A building, structure, or use of land lawfully occupied at the time of the effective date of this Ordinance or
amendments thereto, but which does not conform to the use regulations of the district in which it is situated.
Nonresidential
Property zoned or used for other than residential purposes.
Nursery, Major
An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large
plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the contracting for installation
and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted.
Nursery, Minor
A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn
supplies, and other materials used in indoor and outdoor planting, without outside storage or display.
Nursing/Convalescent Home
An institutional facility licensed by the State of Texas providing in-patient health care, personal care or
rehabilitative services over a long period of time generally exceeding thirty days to persons chronically ill, aged or
disabled who need on-going health supervision but not including hospitals. This use excludes the provision of
surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or
communicable disease.
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137
Office, Administrative, Medical, or Professional
A building used for the provision of executive, management, or administrative services. Typical uses include, but
are not limited to, administrative offices and services including real estate, property management, investment,
medical, home health care, chiropractor, architect, engineer, travel, secretarial services, accounting organizations
and associations, and vehicle rental office without on-site storage of fleet vehicles.
Office and Storage Area for Public/Private Utility
The pole yard, maintenance yard, or administrative office of public or private utilities.
Office/Showroom
A building that primarily consists of sales offices and sample display areas for products and/or services delivered or
performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products
associated with the primary products and/or services are permitted. Warehousing facilities shall not exceed fifty
(50) percent of the total floor area. This designation does not include contractor’s shop and storage yard.
Official Vesting Date
Pursuant to Texas Local Government Code Chapter 245, an application or plan for development is considered filed
on the date the applicant delivers the application or plan to the City or deposits the application or plan with the
United States Postal Service by certified mail addressed to the City.
A certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the
application or plan was deposited with the United States Postal Service.
Every application or plan is subject to a determination of completeness by the responsible official for processing
the application pursuant to 6.04.01. (B) Determination of Completeness for Zoning Related Applications.
Oil Well/Gas Well and Mineral Extraction
Area used for development and production and all operational activities associated with oil and gas for any well
drilled, to be drilled, or used for the intended or actual production of oil or natural gas, or a well classified as an oil
or gas well under the laws of the State of Texas. Mineral extraction is the process of extracting sand, gravel, stone,
or other minerals/natural resources from the earth.
Outdoor Lighting
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces
light by any means.
Outside Storage and Display
A primary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or
merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of
automobiles, motorcycles recreational vehicles, boats, or watercrafts. This definition does not include temporary
outside merchandise display, such as a sidewalk sale.
Parish House or Parsonage
A single-family home adjacent to a church or other place of worship for the housing of a pastor, priest, or other
similar leader.
Park or Playground
An area developed for active play and recreation that includes, but is not limited to, open space, sports courts, play
equipment, and trails.
Parking Lot
An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
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Parking Space
An area reserved exclusively for the parking of a motor vehicle.
Pawn Shop or Alternative Financial Services
An establishment where money is loaned on the security of personal property pledged in the keeping of the
owners (pawnbroker), or a check cashing business, bail bonds office, payday advance or loan business, money
transfer business, car title loan business, or any other similar businesses engaged in non-traditional short-term
lending.
PD Concept Design Map
A map depicting the development plan for the area of a PD Planned Development. This map, combined with a PD
Design Statement, forms a Planned Development Master Plan.
See Section 6.07.03. (B)(3) PD Concept Design Map for additional information.
PD Design Statement
A design statement describing the intent of a PD Planned Development zoning district. A PD Design Statement
combined with a PD Concept Design Map forms a Planned Development Master Plan.
See 6.07.03. (B)(2) PD Design Statement for additional information.
Pet Care and Grooming, Indoor
A business contained completely indoors where household pets are housed, groomed, bred, boarded, trained, or
sold.
Pet Care and Grooming, Outdoor
A business with outdoor pens/kennels where household pets are housed, groomed, bred, boarded, trained, or
sold.
Permit
A license, certificate, approval, registration, consent, permit, contract or other agreement for the construction or
provision of service from a utility owned, operated, or controlled by the City, or other form of authorization
required by law, rule, regulation, order, or ordinance, which has been approved by the City, that a person or entity
must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought, and
for which the application for the permit or information required to be submitted for consideration provides fair
notice of the project to the City. Notwithstanding, an ordinance establishing or changing a zoning district,
including but not limited to an ordinance establishing or amending a Planned Development District or Specific Use
Permit, is not considered a permit.
Pharmacy
A business substantially devoted only to the sale of pharmaceutical items, supplies, and equipment such as
prescription drugs.
Plan for Development
An administratively complete application for a site plan. An application for a site plan shall be considered
administratively complete when all information required to be submitted for consideration has been received by
the City, in addition to any required fees. Also referred to as “Plan for Development of Real Property”.
Planned Development District
Planned associations of uses developed as integral land use units such as industrial parks or industrial districts,
offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing,
including attached single-family dwellings or any appropriate combination of uses that may be planned, developed
or operated or integral land use units either by a single owner or a combination of owners.
Definitions
139
Planned Development Master Plan
A plan (which is submitted with the application for rezoning) consists of a PD Design Statement and a PD Concept
Design Map. See Subsection 6.07 PD Application and Review.
Planning & Zoning Commission
A board, appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and
other planning functions as delegated by the City Council. Also referred to as the "Commission" or “P&Z”.
Plat
A plan of a subdivision of land creating building lots and showing all essential dimensions and other information
essential to comply with the subdivision standards of the City and subject to approval by the Planning & Zoning
Commission and filed in the plat records of Tarrant County.
Plot
A single unit or parcel of land that can be identified and referenced to a recorded plat or map.
Portable Building Sales
An establishment that displays and sells structures that are capable of being carried and transported to another
location, not including manufactured homes.
Premises
Land together with any buildings or structures situated thereon.
Primary Use
The principal or predominant use of any lot or building.
Print Shop, Major
An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and
newspaper publishing using engraving, die cutting, lithography, and thermography processes.
Print Shop, Minor
An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction
documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This
definition shall include mailing and shipping services, but excludes the on-site storage of heavy load fleet vehicles.
Private Utility (other than listed)
A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural
gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating
equipment must comply with current Federal Communications Commission (FCC), Environmental Protection
Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal
regulatory agency requirements and guidelines for human safety.
Progress towards Completion
See Section 245.005(c) of the Texas Local Government Code, as it exists or may be amended, unless another
meaning is specified.
Project
An endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate,
continue, or complete the endeavor.
Recreational Vehicle (RV)
A portable or mobile living unit used for temporary human occupancy away from the place of permanent
residence of the occupants and self-propelled (motorized). Also see heavy load vehicle.
140
Definitions
Zoning Ordinance
Recreational Vehicle Sales and Service, New/Used
Sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work
of recreational vehicles and boats.
Recreational Vehicle/Truck Parking Lot or Garage
An area or structure designed for the short or long-term parking or storage of recreational vehicles, boats, or
heavy load vehicles.
Recycling Center
A facility in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored,
flattened, crushed, or bundled, essentially by hand within a completely enclosed building.
Recycling Collection Point
An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources.
No processing of such items is allowed. This facility would generally be located in a shopping center parking lot or
in other public/quasi-public areas such as in churches and schools.
Recycling Plant
A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and
other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such
products to a condition in which they may again be used for production.
Rehabilitation Care Institution
Subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), a facility that
provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with
supervisory personnel.
Rehabilitation In-Home Care
Subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), a dwelling
unit that provides residence and care to not more than nine (9) persons regardless of legal relationship who have
demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single housekeeping unit.
Research and Development Center (with Animals)
A facility that includes laboratories and experimental equipment for medical testing, prototype design and
development, and product testing. These facilities may include animal or biological testing. Any facility that is
determined by City officials to be a hazard or nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation is not to be included in this category.
Research and Development Center (without Animals)
A facility that includes laboratories and experimental equipment for medical testing, prototype design and
development, and product testing. These facilities do not include animal or biological testing. Any facility that is
determined by City officials to be a hazard or nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation is not to be included in this category.
Residence
Any building or portion thereof, which is designed or used as living quarters for one (1) or more households.
District where the primary purpose is residential use.
Definitions
141
Restaurant
An establishment where food and drink are prepared and consumed primarily on the premises. Drive-up windows
are permitted.
Restaurant, Drive-In
An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities
are provided on the premises that encourage the serving and consumption of food in automobiles on or near the
restaurant premises.
Retail, Big Box
“Big Box” uses are defined as single-tenant retail buildings over 70,000 square feet providing goods to the general
public.
Retail, Stores and Shops
An establishment engaged in the selling of goods and merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such goods.
Retail/Service, Incidental
Any use different from the primary use but that complements and/or supplements the primary use. Said use shall
be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. Incidental
shall mean an area that constitutes not more than fifteen (15) percent of the main use.
Room
A building or portion of a building that is arranged, occupied, or intended to be occupied as living or sleeping
quarters but not including toilet or cooking facilities.
School, Private
A school operated by a private or religious agency or corporation other than an independent school district, having
a curriculum generally equivalent to a public elementary or secondary school.
School, Public
A school operated by an independent school district and providing elementary or secondary curriculum.
School District Bus Yard
Any premises owned and/or operated by an independent school district used for the parking and storage of motordriven buses.
Secondhand or Thrift Shop
A commercial establishment offering for sale to the public items previously sold in the retail market to consumers
and either sold to the operator of the establishment or offered by the operator on a consignment basis, including
clothes, antiques, appliances, home furnishings and utensils, and general merchandise, excluding automobiles,
boats, and other vehicles.
Senior Housing
Any age restricted development that may be in any housing form, including detached and attached dwelling units,
apartments, and residences, offering single-family dwelling units to adults over 55 years of age.
Senior Living Facility
A facility providing residence, supervision and daily assistance for individuals, generally persons 55 years of age or
older, with common dining and recreational areas designed for the needs of the elderly. Services in these
establishments include assistance with routine living functions that are non-medical in nature, such as dressing,
grooming, bathing, and social and recreational services, such as meal services, transportation, housekeeping, linen
and organized social activities.
142
Definitions
Zoning Ordinance
Setback
The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
Sewage Treatment Plant/Pumping Station
A facility owned and/or operated by a private entity that is designed for the collection, removal, treatment, and/or
disposal of water borne sewage.
Sexually Oriented Uses
A massage parlor, adult cabaret, nude studio, modeling studio, love parlor, adult bookstore, adult motion picture
theater, adult arcade, adult theater, adult video store, adult motel or other commercial enterprise, the primary
business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items
intended to provide sexual stimulation or sexual gratification to the customer. The individual terms contained in
this definition shall have the same meaning ascribed to them by Section 18-331 of the Code of Ordinances.
Shopping Center
A group of primarily retail and service commercial establishments planned, constructed and managed as a total
entity with customer and employee parking provided on-site, provision for goods delivery separated from
customer access, provision of aesthetically appropriate design and protection from the elements.
Sketch Plan
A sketch or informal plan prepared prior to the preparation of the preliminary plat or site plan describing the
proposed design of the subdivision or site to be reviewed during the pre-application review process.
Single-Family Residence, Detached
A dwelling designed and constructed for occupancy by one (1) household and having no physical connection to a
building located on any other separate lot or tract.
Small Engine Repair Shop
A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and
machinery.
Sporting Goods Store
An establishment engaged in the retail sale of sporting goods and related merchandise to the general public.
Stable, Commercial
A stable used for the rental of stall space or for the sale or rental of horses or mules.
Stable, Private
A detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises
and not kept for remuneration, hire, or sale.
Storage or Wholesale Warehouse
A building used primarily for the storage of goods and materials including an incidental supporting office area.
Story
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof
next above (also see “Mezzanine” and Section 502.1 from the 2006 International Building Code). It is measured as
the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the
topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the
top of the roof rafters.
Story, Half
A single room within a dwelling unit above the second floor. A half-story will occupy no less than two-thirds (2/3)
of the area under the roof, and shall have non-operating opaque windows for façades that face adjacent
Definitions
143
properties. Transparent windows may face the front yard. A half-story containing independent apartment, living
quarters, or bedroom shall be counted as a full story.
Street
Any dedicated public thoroughfare that affords the principal means of access to abutting property.
Structural Alterations
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or
girders, or any substantial change in the roof or in the exterior walls.
Structure
Anything constructed or erected, the use of which requires location on the ground or which is attached to
something having a location on the ground (also see definition of Building).
Studio Residence
A residence that includes up to fifty (50) percent of its total floor area as a work area for a photographer, artist,
musician, architect, or similar occupation. The primary occupant of the work area must also be a permanent
resident of the dwelling unit. All activities associated with the studio shall take place in the primary structure, as
opposed to an accessory building or yard.
Taxidermist
An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead
animals for exhibition in a lifelike state, with all business operations and processing occurring indoors.
Telephone Exchange
A central switching hub servicing the public at large in which telephone lines are connected to permit
communication.
Temporary Building for New Construction
A structure or shelter used in connection with the construction of a development or building project for housing on
the site of temporary administration and supervisory functions and for sheltering employees and equipment.
Buildings are permitted for a specific period of time in accordance with a permit issued by the Building Official.
The term “Temporary Field or Construction Office” may also be used.
Theater, Drive-In
An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to
patrons seated in automobiles.
Theater, Neighborhood
A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live
performances, with a maximum of ten screens, stages, or combination thereof or a combined seating capacity of
2,500 or less.
Theater, Regional
A building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live
performance having more than ten screens, stages, or combination thereof or a combined seating capacity greater
than 2,500.
Townhome
A structure containing three (3) to eight (8) dwelling units with each unit designed for occupancy by one household
and each unit attached to another by a common wall.
144
Definitions
Zoning Ordinance
Tract
An un-platted area, parcel, site, piece of land, or property that is the subject of a zoning or development
application.
Trailer, Hauling
A vehicle to be pulled behind an automobile or truck that is designed for hauling animals, produce, goods or
commodities, including boats.
Trailer, Travel
A portable or mobile living unit used for temporary human occupancy away from the place of residence of the
occupants, and not constituting the principal place of residence of the occupants designed to be towed behind
another vehicle.
Trailer Rental
The display and offering for rent of trailers designed to be towed by light load vehicles.
Transit Center
Any premises, including train or bus stations, for the loading and unloading of passengers and the temporary
parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of
transit vehicles.
Tree
A plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually
developing branches at some distance from the ground.
Truck
A light or heavy load vehicle (see definition for light and heavy load vehicle).
Truck Sales, Heavy Trucks
The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or
buses in operable condition.
Truck/Bus Repair
An establishment providing major and minor repair services to panel trucks, vans, trailers, recreational vehicles, or
buses.
Two-Family Residence (Duplex)
A building having separate accommodations for, and occupied by not more than, two (2) households, whereby
each individual dwelling unit is located on a separate lot of record as a result of the property line being coincident
with the common wall separating each dwelling unit, such that dwelling units may be individually owned.
Utility Distribution/Transmission Line
Facilities, including subsidiary stations, that serve to distribute, transmit, transform, or reduce the pressure of gas,
water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and
metering stations.
Variance
An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of
property that, because of special conditions or circumstances of hardship peculiar to the particular parcel, is
necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the
same vicinity and zoning district. Only the Board of Adjustment of the City can grant a variance.
Definitions
145
Veterinarian Clinic, Indoor
An establishment, not including outside pens, where animals and pets are admitted for examination and medical
treatment.
Veterinarian Clinic, Outdoor
An establishment with outdoor pens/kennels, where animals and pets are admitted for examination and medical
treatment.
Warehouse/Distribution Center
A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and
equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for
products sold and distributed from the storage and warehousing areas.
Water Treatment Plant
A facility owned and/or operated by a private entity that is used to alter the physical, chemical, or biological
quality of water.
Wind Energy Conversion Systems, Farm or Utility
The principal use of the land is the commercial production of energy through one or multiple wind energy
conversion systems (WECS).
Wind Energy Conversion Systems, Small
A small wind energy conversion systems (WECS) shall be defined as any device such as a wind charger, windmill, or
wind turbine, which converts wind energy to a form of usable energy and is an incidental use to the primary use of
a property.
Wireless Communications Store
A shop specializing in the sale of wireless communication devices, such as cellular telephones. May also include
servicing of the equipment.
Yard
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any
portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance
that the building or structure may be located in a portion of a yard required for a main building. In measuring a
yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear
yard, the shortest horizontal distance between the lot line and the main building shall be used.
Yard, Front
A yard located in front of the front elevation of a building and extending across a lot between the side yard lines
and being the minimum horizontal distance between the front property line and the outside wall of the main
building.
Yard, Rear
The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and
interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
Yard, Side
The area between the building and side line of the lot and extending from the front lot line to the rear lot line and
being the minimum horizontal distance between a side lot line and the outside wall of the side of the main
building.
Zoning Administrator
The City Manager or other City Official designated by the City Manager to administer zoning regulations.
146
Definitions
Zoning Ordinance
Zoning Application
A request to consider an ordinance establishing or changing a zoning district, including but not limited to an
ordinance establishing or amending a Planned Development District or Specific Use Permit.
Zoning District Map
The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part
of the Zoning Ordinance.
Definitions
147
148
Definitions
Supplementary Ordinances
SUPPLEMENTARY ORDINANCES
Adopted May 6, 2014
Freese and Nichols, Inc.
2711 North Haskell Avenue
Suite 3300
Dallas, Texas 75204
1
Landscape Ordinance
(A) Purpose
Landscaping is accepted as adding value to property and is in the interest of the general welfare of the
City. The provision of landscaped areas also serves to increase the amount of a property that is devoted
to pervious surface area, which in turn helps to reduce the amount of impervious surface area, storm
water runoff, and consequent non-point pollution in local waterways.
(B) Applicability
(1) The standards and criteria contained within this section are deemed to be minimum standards and
shall apply to all new or altered (i.e., at least twenty (20) percent of the original floor area)
construction occurring within the City.
(a) Existing buildings that are altered less than twenty (20) percent shall not be required to meet the
standards contained in this Landscape Ordinance.
(2) Additionally, any use requiring a Specific Use Permit or a Planned Development zoning designation
must comply with these landscape standards unless special landscaping standards are otherwise
provided for in the ordinance establishing the SUP or PD district.
(C) Certificate of Occupancy Required
(1) It shall be unlawful to issue an occupancy permit prior to the approval and complete installation of
the landscape and irrigation plans.
(2) When it is not possible to complete the landscape installation as quickly as desired or needed, an
extension of time may be granted and a temporary certificate of occupancy may be issued for
variable periods up to forty-five (45) days.
(D) Landscape Plan
(1) Requirement
Prior to the issuance of a building, paving, grading or construction permit for any use other than
agricultural uses, a landscape plan shall be submitted to the Zoning Administrator. The landscape
plan may be shown on the site plan (provided the site plan remains clear and legible) or may be
drawn on a separate sheet.
(2) Review
The City shall review such plans (as part of the site plan review described in Subsection 6.06 Site Plan
Requirements of the Zoning Ordinance), and approve the plans if the plans are in accordance with
the criteria of these regulations. If the plans are not in conformance, they shall be denied and shall
be accompanied by a written statement setting forth the changes necessary for compliance.
(3) Submittal Requirements
Landscaping plans shall be prepared by a person knowledgeable in plant material usage and
landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall
contain the following minimum information:
(a) Minimum scale of one (1) inch equals fifty (50) feet; show scale in both written and graphic form
(b) Location, size and species of all trees to be preserved
1
(c) Location of all plant and landscaping material to be used, including plants, paving, benches,
screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of
site, or other landscape features
(d) Species and common names of all plant materials to be used
(e) Size of all plant material to be used (container size, planted height, etc.)
(f) Spacing of plant material where appropriate
(g) Layout and description of irrigation, sprinkler, or water systems including location of water
sources
(h) Description of maintenance provisions
(i) Name and address of the person(s) responsible for the preparation of the landscape plan
(j) North arrow/symbol, and a small map showing where the property is located
(k) Date of the landscape plan
(E) General Standards and Specifications
(1) Quality
(a) The best professional practices of the American Society of Landscape Architects, the
International Society of Arboriculture, the American Nursery and Landscape Association and
Texas Nursery and Landscape Association regarding planting installation, trimming, pruning, and
fertilization shall apply to the landscape standards and specifications included in this section.
(b) Nursery standards shall be the American Standard for Nursery Stock, ANSI Z60.1-2004.
(c) Pruning standards shall be the International Society of Arboriculture Pruning Guidelines ANSI
A300- Pruning Guidelines.
(d) Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests
and insects.
(2) Approved Plant List for New Plantings or Replacements
The following is a required list of trees for new plantings or replacements of existing trees. Other
species may be acceptable for new plantings; however, their suitability for the proposed planting
area shall be approved by the Zoning Administrator.
2
Canopy Trees
Aristocrat Pear
Lacebark Elm
Bald Cypress*
Lacey Oak*
Bigtooth Maple*
Live Oak*
Blackjack Oak*
Panicled Golden Raintree
Bradford Pear
Pecan*
Bur Oak*
Post Oak*
Caddo Maple*
Red Maple*
Cedar Elm*
Saucer Magnolia
Chinese Pistachio
Shumard Oak*
Chinquapin Oak*
Southern Magnolia*
Chitalpa
Texas Ash*
Crabapple*
Texas Red Oak*
Durand Oak*
Trident Maple*
Ginkgo
Western Soapberry*
Honey Locust*
Evergreen Trees
Austrian Pine
Loblolly Pine*
Eastern Red Cedar*
Nellie R. Stevens
Elderica Pine
Saucer Magnolia
Japanese Black Pine
Savannah Holly
Leyland Cypress
Southern Magnolia*
Little Gem Magnolia
Yaupon Holly*
Ornamental Trees
Crape Myrtle
Mexican Plum*
Desert Willow*
Possumhaw Holly*
Eve’s Necklace*
Rusty Blackhaw Viburnum*
Forest Pansy Redbud
Texas Redbud*
Japanese Maple
Vitex
Mexican Buckeye*
Wax Myrtle*
3
Low-Growing Shrubs
Barberry
Juniper
Big Muhly*
Knockout Rose
Black Dalea*
Mealy Blue Sage*
Black-Eyed Susan*
Mexican Hat*
Blackfoot Daisy*
Nandina*
Cherry Sage*
Skeleton-Leaf Goldeneye*
Dwarf Pomegranate
Spineless Prickly Pear*
Dwarf Yaupon Holly
Upright Rosemary
Grayleaf Cotoneaster
Variegated Pittsporum
Green Pittosporum
Tall Shrubs
Agarita*
Eleagnus
Agave*
Red Yucca*
American Beautyberry*
Smooth Sumac*
Chinese Photinia
Texas Sage*
Dwarf Burford Holly
Yucca ssp.*
Dwarf Palmetto*
Turf Grasses
Bermuda
Buffalograss*
St. Augustine
Tifway (Tifton 419)
Ornamental Grasses
Big Bluestem*
Mexican Feathergrass*
Bushy Bluestem*
Seep Muhly*
Cedar Sedge*
Sideoats Grama*
Gulf Muhly*
Indian Grass*
Inland Seaoats*
Lindheimer Muhly*
Little Bluestem*
4
Vines and Groundcovers
Asian Jasmine
Carolina Jessamine*
Confederate Jasmine
Coral Honeysuckle*
Crossvine*
Fig Ivy
Frogfruit *
Giant Liriope
Honeysuckle
Horseherb*
Lyreleaf Sage*
Perennial Verbena
Pigeonberry*
Pink Evening Primrose*
Santolina
Sedum*
Texas Wisteria*
Virginia Creeper*
White Rain Lily
Wood Fern*
*Indicates a Native Texas Plant
5
(3) Trees
(a) Minimum Caliper Size
Canopy trees shall have a minimum caliper of three (3) inches, and ornamental trees shall have a
minimum caliper of two (2) inches, when measured twelve (12) inches above ground, and shall
be selected from the list of approved trees (see (2) Approved Plant List for New Plantings or
Replacements above).
(b) Crown
1.
Canopy trees shall have an average spread of crown of greater than fifteen (15) feet at
maturity.
2.
Trees having a lesser average mature crown of fifteen (15) feet may be substituted by
grouping the same to create the equivalent of a fifteen (15) feet crown of spread.
(4) Shrubs and Hedges
(a) Shrubs shall be a minimum of three (3) gallons.
(b) Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken,
solid, visual screen that will be three (3) feet high within one (1) year after time of planting.
(5) Turf Grass
Grass areas may be sodded, plugged, sprigged or seeded.
(6) Vines
Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in
conjunction with fences, screens, or walls to meet screening requirements as specified.
(7) Groundcover
Groundcovers used in lieu of grass in whole and in part shall be planted in such a manner as to
present a finished appearance and reasonably complete coverage within one (1) year of planting.
(F) Minimum Landscaping Requirements for Nonresidential and Multiple-Family Developments
(1) Minimum Front Yard
(a) Landscape
Front yards may be landscaped with grass, shrubbery, vines, or trees and on part may be paved
or surfaced for minimum access, driveways, and sidewalks.
(b) Percentage of Landscaping in the Front Yard
In all nonresidential zoning districts, not less than fifty (50) percent of the landscaping shall be
located in the required front yard and shall be in accordance to (3) Open Space Landscaping
Requirements below.
1.
In calculating the amount of landscaping for the front yard, if landscape areas within offstreet parking/vehicular use areas are within the front yard, then they shall be counted
towards the fifty (50) percent landscaping minimum.
(2) Minimum Requirements for Off-Street Parking and Vehicular Use Areas
Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public
view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in
6
accordance to the following criteria. Areas used for parking or vehicular storage that are under, on,
or within buildings are exempt from these standards.
(a) Interior Landscaping
A minimum of ten (10) percent of the gross parking area shall be devoted to living landscaping
that includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured
from the edge of the parking and/or driveway paving and sidewalks. The following additional
criteria shall apply to the interior of parking lots.
1.
Wheel Stops/Curbs
Interior landscape areas shall be protected from vehicular encroachment of overhang
through appropriate wheel stops or curbs.
2.
Tree Minimum
There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or
fraction thereof of required interior landscape area.
3.
Planter/Planting Islands
Interior areas of parking lots shall contain planting islands located so as to best relieve the
expanse of paving. Planter islands must be located no further apart than every twelve (12)
parking spaces and at the terminus of all rows of parking. Such islands shall contain at least
one (1) tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other
appropriate material not to exceed three (3) feet in height. Interior planter islands shall
have a minimum size of ten (10) feet by eighteen (18) feet.
(i) Exemption
Planter islands shall not be required for parcels/lots containing less than thirty-five
thousand (35,000) square feet.
(ii) Variation
The Zoning Administrator may approve planter islands required by this 3.
Planter/Planting Islands to be located further apart than twelve (12) parking spaces in
order to preserve existing trees in interior parking areas.
(b) Perimeter Landscaping
All parking lots and vehicular use areas shall be screened from all abutting properties and/or
public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any
living barrier shall be established in a two (2) foot minimum width planting strip. Plants and
materials used in living barriers shall be at least thirty (30) inches high at the time of planting and
shall be of a type and species that will attain a minimum height of three (3) feet one (1) year
after planting. Any landscape barrier not containing live plants or trees shall be a minimum of
three (3) feet high at time of installation.
1.
Whenever an off-street parking or vehicular use area abuts a public right-of-way, except a
public alley, a perimeter landscape area of at least fifteen (15) feet in depth shall be
maintained between the abutting right-of-way and the off-street parking or vehicular use
area. An appropriate landscape screen or barrier shall be installed in this area and the
remaining area shall be landscaped with at least grass or other ground cover.
7
2.
Perimeter landscape areas shall contain at least one (1) tree for each fifty (50) lineal feet or
fraction thereof of perimeter area.
(3) Open Space Landscaping Requirements
In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces
on any developed lot or parcel shall conform to the following minimum requirements:
(a) Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open
ground within twenty (20) feet of any building or paving or other use such as storage.
(b) All structures shall be treated with landscaping so as to enhance the appearance of the structure
and to screen any detractive or unsightly appearance.
(c) Trees shall be planted in remaining open space at one (1) tree per 4,000 square feet of open
space area.
(d) All open space shall have grass or lawn covering.
(4) Permeable Surface around Trees
All existing trees that are to be preserved shall be provided with undisturbed, permeable surface area
under (and extending outward to) the existing dripline of the tree. All new trees shall be provided
with a permeable surface under the dripline a minimum of five (5) feet by five (5) feet.
(5) Required Landscaping Buffer when Abutting a Property Zoned for Single-Family or Two-Family
Residential
(a) Buffer Required
A landscape buffer of at least five (5) feet in depth shall be provided and maintained along the
length of the nonresidential or multiple-family development that is abutting a single-family or
two-family zoned property.
1.
Enhanced Buffer Required for Large Parcels
Properties more than two hundred fifty (250) feet in depth (if residential property is abutting
the rear yard) or in width (if residential property is abutting the side yard) shall provide a ten
(10) foot buffer.
(b) Canopy Trees Required
Canopy trees, included in the Approved Plant List for New Plantings or Replacements, with a
minimum caliper of three (3) inches shall be planted on thirty (30) foot centers for the length of
the buffer.
1.
Enhanced Planting Required for Large Parcels
Properties more than two hundred fifty (250) feet in depth (if residential property is abutting
the rear yard) or in width (if residential property is abutting the side yard) shall provide two
rows of trees.
(G) Minimum Landscaping Requirements within New Single-Family, Two-Family (Duplex), and
Manufactured Home Developments
The following are minimum landscaping requirements for new single-family, two-family, and
manufactured home lots and developments. These requirements apply within SF-10 Single-Family
Residential, SF-7 Single-Family Residential, MF-1 Two-Family (Duplex) Residential, and MH
8
Manufactured Home (HUD Code) zoning districts (excludes the SF-E Single-Family Residential Estate
zoning district).
(1) Tree by Lot Requirements
Each single-family lot shall have two (2) large canopy trees placed in front of the front building line
with a minimum three (3) inch caliper and a minimum six (6) feet in height at the time of planting.
(2) Additional Requirements
Each single-family lot shall have:
(a) Four (4) evergreen shrubs, shrubs, or small trees;
(b) Solid vegetative groundcover or lawn for the entirety of the lot that is not otherwise covered by
building(s) and/or driveway area(s).
(H) Sight Distance and Visibility
(1) Setback Clearance Zone
Rigid compliance with these landscaping requirements shall not be such as to cause visibility
obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more
public rights-of-way occurs, a triangular visibility area, as described below, shall be created.
Landscaping within the triangular visibility area shall be designed to provide unobstructed crossvisibility at a level between thirty (30) inches and eight (8) feet. Trees may be permitted in this area
provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility
area. The triangular areas are:
(a) The areas of property on both sides of the intersection of an alley accessway and public right-ofway shall have a triangular visibility area with two (2) sides of each triangle being a minimum of
fifteen (15) feet in length from the point of intersection and the third side being a line connecting
the ends of the other two (2) sides.
(2) Corner Properties
The areas of property located at a corner formed by the intersection of two (2) or more public rightsof-way (or a private driveway onto a public road) shall have a triangular visibility area with two (2)
sides of each triangle being a minimum of twenty-five (25) feet in length along the right-of-way lines
(or along the driveway curb line and the road right-of-way line) from the point of the intersection and
the third side being a line connecting the ends of the other two (2) sides.
(3) Proximity to Accessways and Driveways
Landscaping, except required grass and low ground cover, shall not be located closer than three (3)
feet from the edge of any accessway pavement or driveway.
(4) Reduction to Remove Visibility Obstruction
In the event that other visibility obstructions are apparent in the proposed landscape plan, as
determined by the Zoning Administrator, the requirements set forth herein may be reduced to the
extent to remove the conflict.
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(I) Maintenance
(1) Responsibility and Condition
The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the
maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly
manner at all times.
(2) Nonconformance
If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to
be not in conformance with the standards and criteria of this Ordinance, the Zoning Administrator
shall issue notice to the owner, citing the violation and describing what action is required to comply
with this Section. The owner, tenant or agent shall have ninety (90) calendar days from date of said
notice to establish/restore the landscaping, as required. If the landscaping is not
established/restored within the allotted time, then such person shall be in violation of this Ordinance.
(3) Irrigation Required
All required landscaped areas shall be equipped with, and one hundred (100) percent covered by, an
automatic, underground irrigation system with freeze- and moisture sensors to prevent watering
during periods of time with rain or when temperatures are at or below 32 degrees Fahrenheit. A
registered landscape architect licensed to practice within the State of Texas shall design the irrigation
system. If appropriate and attractive xeriscape planting techniques are utilized (these techniques are
encouraged by the City, if designed and maintained appropriately), the requirement for an
underground irrigation system may be waived if an alternative irrigation system/device is approved at
the time of landscape plan approval.
(a) Exemption
Single-family, two-family, and manufactured home lots and developments shall be exempt from
the above irrigation system requirements.
(J) Waiver
The City Manager is authorized to grant a waiver to these requirements if necessary to result in a higher
quality development and/or to carry out the recommendations of the Comprehensive Plan.
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Screening and Fencing Ordinance
(A) General
(1) Purpose
It is the purpose of this Ordinance to provide standards for screening in order to mitigate the effects
of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and
private investment. It is also the intent of this section to provide for the safe construction and
maintenance of walls and fences constructed in the City.
(2) Applicability
This Ordinance shall be applicable to all new construction or where fifty (50) percent or more of an
existing screening, fence, or wall requires replacement.
(3) Enforcement
The Zoning Administrator shall administer and enforce the provisions of this article relating to
screening and fencing.
(B) Screening and Fencing of Nonresidential, Multiple Family, and Manufactured Home Parks
(1) Screening Required
In the event that mixed use, multiple family, nonresidential uses, or manufactured home parks side
or back upon a SF-E Single-Family Residential Estate, SF-10 Single-Family Residential, SF-7 SingleFamily Residential, or MF-1 Two-Family (Duplex) Residential district, or in the event that any
nonresidential district sides or backs to a MF-2 Multiple-Family Residential Medium Density or MF-3
Multiple-Family Residential High Density district, a solid masonry screening wall of not less than six
(6) feet nor more than eight (8) feet in height shall be erected on the property line separating these
districts. The purpose of the screening wall or fence is to provide a visual and protective barrier
between the properties.
(a) The owner of the multiple family or mixed use property shall be responsible for and shall build
and maintain the required wall on the property line dividing the property from the single-family
or duplex residential district. This construction requirement applies only when multiple family is
adjacent to residential uses.
(b) When screening is required between nonresidential and residential uses, it shall be the
responsibility of the nonresidential use to construct and maintain the screening wall.
(2) Materials
(a) Any screening wall or fence required under the provisions of this section, under a Specific Use
Permit, Planned Development District, or other requirement shall be constructed of masonry,
reinforced concrete, or vinyl material simulating wood or masonry. Wood fences are expressly
prohibited.
(b) Nonresidential fences that are not required by ordinance but that are visible from public right-ofway shall be constructed of masonry, reinforced concrete, or vinyl material that simulates wood
or masonry. Wood fences are expressly prohibited.
(c) All required screening walls shall be equally finished on both sides of the wall.
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(d) All wall or fence openings shall be equipped with gates equal in height and screening
characteristics to the wall or fence.
(3) Open Storage
Open storage of materials, commodities, or equipment shall be screened with a minimum six (6) foot
fence or wall.
(a) In districts permitting open storage (see Subsection 3.02 Use Chart of the Zoning Ordinance),
screening shall be required only for those areas used for open storage, unless the screening
exception in (c) Screening Exception below applies. A six (6) foot screening fence or wall shall be
provided and maintained (at the property line adjacent to the area to be screened) by one or a
combination of the following methods:
1.
Solid masonry (brick, concrete block or concrete panels)
2.
Chain link with solid landscape screening
3.
Wrought iron with solid landscape screening
(b) No outside storage may exceed the height of the fence. Outside storage exceeding eight (8) feet
shall require a Specific Use Permit. No outside storage permitted in the front yard.
(c) Screening Exception
Unscreened open storage is only permitted within the rear yard of properties within the I
Industrial district and is not permitted within side yards or within sixty (60) feet of a residential
use.
(4) Refuse Storage
Refuse storage areas, not within a screened rear service area that are visible from a public right-ofway for all nonresidential, multiple family and manufactured home park uses shall be visually
screened by a six (6) foot solid masonry wall on all sides except the side used for garbage pickup
service, such side shall provide a gate.
(5) Mechanical Equipment
All nonresidential uses shall screen all mechanical, heating and air conditioning equipment from
public view and/or adjacent residential property. Public view is considered any area that can be seen
from a public street.
(6) Nonresidential Barbed Wire Fences Prohibited
Barbed wire, razor wire, and concertina wire fences are prohibited in the City.
(a) Exception
Barbed wire strands may be placed on top of permitted fences and screening around public
utilities facilities (such as substations and transformer stations) or as part of security devices for
the restrain of persons being detained by the City or other governmental law enforcement
agency for criminal violations.
(C) Fences in Residential Areas
(1) Height
Any fence or wall located to the rear of the minimum required front yard line shall not exceed six (6)
feet in height.
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(2) Location
(a) Except as provided by 1 below, no fence or wall shall be permitted in front of any single-family or
duplex structure.
1.
Decorative fences with openings not less than fifty (50) percent of the fence area and not
exceeding three (3) feet in height are permitted in front yards. Chain link, woven wire mesh
or similar materials are not considered decorative fencing.
(b) No fence shall be erected in any required side yard that is adjacent to a public street.
(c) No residential fence shall be closer than twenty (20) feet to a public street except in cases where
the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be
constructed out to the property line of said side yard.
(3) Materials
Any residential fence shall be constructed of masonry, wrought iron, Cedar wood, or vinyl materials
that produce a similar appearance.
(4) Vehicular Access Gates
Gates designed for vehicular access shall be set back from the property line a minimum of twenty (20)
feet.
(5) Permit Required
All fences require fence permits.
(6) Residential Chain Link, Barbed Wire, and Electrical Fences Prohibited
(a) Chain link fencing shall be prohibited in residential areas, except that they shall be allowed in
locations that are not visible from any public street or any fence necessary for an agricultural use.
(b) Barbed wire or electrical fencing shall be prohibited, except as used for farm or ranching
purposes on undeveloped land over one (1) acre in size.
(7) Special Fences
(a) Special fencing, such as fencing around tennis courts, is permitted.
(b) Fences around swimming pools shall comply with the City’s building code.
(8) Sight Visibility
(a) Setback Clearance Zone
Rigid compliance with these screening and fencing requirements shall not be such as to cause
visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2)
or more public rights-of-way occurs, a triangular visibility area, as described below, shall be
created. Screening or fencing within the triangular visibility area shall be designed to provide
unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet. The
triangular areas are:
1.
The areas of property on both sides of the intersection of an alley accessway and public
right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a
minimum of fifteen (15) feet in length from the point of intersection and the third side being
a line connecting the ends of the other two (2) sides.
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(b) Corner Properties
The areas of property located at a corner formed by the intersection of two (2) or more public
rights-of-way (or a private driveway onto a public road) shall have a triangular visibility area with
two (2) sides of each triangle being a minimum of twenty-five (25) feet in length along the rightof-way lines (or along the driveway curb line and the road right-of-way line) from the point of the
intersection and the third side being a line connecting the ends of the other two (2) sides.
(c) Proximity to Accessways and Driveways
Screening or fencing shall not be located closer than three (3) feet from the edge of any
accessway pavement or driveway.
(d) Reduction to Remove Visibility Obstruction
In the event that other visibility obstructions are apparent in the proposed plan, as determined
by the Zoning Administrator, the requirements set forth herein may be reduced to the extent to
remove the conflict.
(D) Waiver
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Parking Ordinance
(A) Special Off-Street Parking Provisions: Residential Districts
(1) Parking Placement
Required off-street parking shall be provided on the same lot as the use it is to serve.
(2) Paving Requirements
Required parking must be paved concrete, or it may be pervious concrete or other materials with
approval of the Zoning Administrator.
(3) Heavy Load Vehicle Storage
No required parking space, garage, carport, or other automobile storage space shall be used for the
storage of any heavy load vehicle.
(B) Special Off-Street Parking Provisions: Nonresidential and MF Districts
(1) Parking Placement
Required off-street parking shall be provided on the same lot as the use it is to serve, except as
follows.
(a) Off-Site Parking Requirements
In any case where the required parking spaces are not located on the same lot with the building
or use served, or where such spaces are collectively or jointly provided and used, the following
requirements shall apply:
1.
Such spaces shall be within a distance not more than three hundred (300) feet from such
premises, measured by a straight line from the nearest points of the two properties,
2.
Proper pedestrian access is safe and convenient to both uses, and
3.
A written agreement shall be drawn to the satisfaction of the City Attorney and executed by
all parties concerned assuring the continued availability of the off-site parking facilities for
the use they are intended to serve.
(2) Shared Parking Space Calculations
In order to establish a baseline number of parking spaces that may be reduced in a shared parking
agreement, the baseline number of parking spaces shall equal the sum of the requirements of the
various uses computed separately.
(a) Mixed Use Shared Parking Agreement
Up to fifty (50) percent of the parking spaces required for a theater or other place of evening
entertainment (after 6:00 P.M.), or for a church, may be provided and used jointly by banks,
offices, and similar uses not normally open, used, or operated during evening hours if specifically
approved by the City Council as shown on a site plan or final plat.
(b) Pedestrian Access
Proper pedestrian access is provided such that pedestrians can access both uses within an
acceptable distance and that such access is provided safely and conveniently to both uses.
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(c) Rescinded Shared Parking Agreement Approval
Approval by the City Council may be rescinded by the City Council and additional parking shall be
obtained by the owners in the event that the City Council determines that such joint use is
resulting in a public nuisance by providing an inadequate number of parking spaces or otherwise
adversely affecting the public health, safety, or welfare.
(3) Paving Requirements
Required parking must be paved concrete, or it may be pervious concrete or other materials with
approval of the Zoning Administrator.
(4) Parking Space Delineation
(a) Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs,
barriers, or other approved methods.
(b) Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous
clear identification of the space.
(5) Parking Space Dimensions
(a) Each standard off-street parking space shall be a minimum of nine (9) feet in width and twenty
(20) feet in depth, exclusive of driveways and maneuvering aisles, and shall be of usable shape
and condition.
(b) No parking space shall allow a vehicle to overhang a required landscape area, open space area,
sidewalk, street right-of-way or adjacent property (See Figure 6. Parking Overhang).
Figure 6. Parking Overhang
(c) Head-in parking spaces adjacent to buildings shall have a minimum four (4) foot wide clearance
between the front of the car and the building.
1.
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The four (4) foot wide clearance shall be maintained by curbs or wheel stops, the face of
which shall be located six (6) feet from the building, which allows a vehicle overhang of two
(2) feet. Wheel stops shall only be used in parking spaces that are twenty (20) feet long.
(d) Parallel off-street parking spaces must be a minimum of eight (8) feet in width and twenty-two
(22) feet in depth (See Figure 7. Parking Layout Diagram).
(e) Parking spaces within structured parking garages shall be a minimum of eight and one-half (8½)
feet in width and eighteen (18) feet in depth.
(6) Encroachment upon the Public Right-of-Way or Required Landscaping Areas
(a) Off-street parking shall be prohibited from encroaching into the public right-of-way in any case.
(b) All vehicle maneuvering shall take place on-site.
(7) Dead End Parking
Dead end parking is prohibited in nonresidential developments.
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Figure 7. Parking Layout Diagram
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(8) Handicap Parking
Handicap parking space(s) shall be provided according to State of Texas Program for the Elimination
of Architectural Barriers and shall conform to the Americans Disability Act (ADA) of 1991, as may be
amended, accessibility guidelines or the Uniform Federal Accessibility Standards. Current
requirements are as follows:
Table 13. Handicap Parking Requirement
Total Parking Spaces
Required Minimum Number of
Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2 percent of total
1,001 and over
20, plus 1 for each 100 over 1,000
(9) Electric Vehicle (EV) Parking Spaces Required
(a) Number of EV Spaces Required
1.
Parking Lots with 50 to 100 Parking Spaces Required
(i) If a nonresidential use requires fifty (50) to one hundred (100) parking spaces, then one
(1) electric vehicle (EV) parking space shall be created and reserved for the sole use of
electric vehicles only.
2.
Parking Lots with more than 100 Parking Spaces Required
(i) If a nonresidential use requires more than one hundred (100) parking spaces, then two
(2) electric vehicle (EV) parking spaces shall be created and reserved for the sole use of
electric vehicles only.
3.
The number of EV parking spaces shall be in addition to the minimum number of required
parking spaces.
(b) Design of EV Spaces
1.
All EV parking spaces shall have a sign posted in front of the parking space reading
“RESERVED PARKING ELECTRIC VEHICLES ONLY” and shall have pavement markings
indicating the space as EV parking.
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2.
All EV parking spaces shall have the same dimensions as standard parking spaces.
(c) Electric Vehicle (EV) Chargers not Required
1.
An “Electric Vehicle (EV) Charger” shall be defined as an electrical appliance designed
specifically to charge batteries within one or more electric vehicles. Charger styles include
pedestal and wall or pole-mounted. Chargers are also called electric vehicle supply
equipment (EVSE).
2.
EV parking spaces shall not require the installation of an “Electric Vehicle (EV) Charger.”
(C) Off-Street Loading Space: All Districts
All nonresidential uses having fifty thousand (50,000) square feet or more of gross floor area shall provide
and maintain an off-street area for the loading and unloading of merchandise and goods.
(1) Drives and Approaches
(a) All drives and approaches shall provide adequate space and clearances to allow for the
maneuvering of trucks off-street.
(b) Each site shall provide a designated maneuvering area for trucks.
(c) No maneuvering shall take place in the right-of-way.
(D) Rules for Computing Number of Parking Spaces
In computing the number of parking spaces required for each use, the following rules shall govern.
(1) Floor Area
"Floor area" shall mean the gross floor area of the specific use.
(2) Fractional Parking Space Calculation
Where fractional parking spaces result, the parking spaces required shall be rounded up to the
nearest whole number.
(3) Unlisted Use Requirement Calculation
The parking space requirements for a use not specifically mentioned herein shall be the same as
required for a use of similar nature or as approved by the City Council in conjunction with a site plan.
(a) The applicant must provide data to support the request.
(b) Optional resources for the parking space requirement consideration may include the Urban Land
Institute (ULI) and Institute of Transportation Engineers (ITE) technical manuals or other similar
planning documents.
(4) Building/Use Changes or Enlargements
(a) Whenever a building or use constructed or established after the effective date of this Ordinance
is changed or enlarged in floor area, number of employees, number of dwelling units, seating
capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number
of existing parking spaces, such spaces shall be provided on the basis of the enlargement or
change.
(b) See (F)(1) Off-Street Parking Requirements Compliance for parking requirements for enlarged
buildings.
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(5) Shared Parking Calculations
See (B)(2) Shared Parking Space Calculations.
(E) Circulation and Parking Requirements for all Nonresidential Developments
(1) Applicability
The regulations provided in this section shall apply to all nonresidential development.
(2) Parking Aisles
Parking aisles shall be designed perpendicular to the front of the primary building in the
development.
(3) Wheel Stops and/or Bollards
If curbs are not provided, then parking spaces that face and are adjacent to a building shall utilize
wheel stops and/or bollards.
(F) Parking Requirement Based on Use
(1) Off-Street Parking Requirements Compliance
In all districts, at the time any building or structure is erected or altered (i.e., enlarged by thirty (30)
percent or more in floor area than at the time the building became nonconforming, or for
construction that requires a building permit), off-street parking spaces shall be provided in
accordance with the requirements shown in Subsection 3.02 Use Chart of the Zoning Ordinance.
(2) Best/Current Practices Parking Ratio
For uses shown in the Use Chart that have atypical standards or single uses that have varying parking
needs depending on the function of that specific single use, an applicant may submit a parking ratio
based on best/current planning and transportation practices.
(a) Best/Current Practices Parking Ratio Application
1.
An applicant shall fully cite the sources used to derive the applicant-submitted parking ratio,
possible resources include parking standards materials from the Institute of Transportation
Engineers (ITE) or the American Planning Association (APA).
2.
The Zoning Administrator shall review the applicant submitted parking ratio to confirm
best/current planning practices for a use.
3.
The Zoning Administrator shall approve, modify, or deny the applicant submitted parking
ratio.
(b) Parking Ratio Determination in Case where no Application is Submitted
If the applicant does not submit a parking ratio, then the Zoning Administrator shall determine
the parking ratio based on the best/current planning and transportation practices.
(G) Waiver
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Nonresidential Development Ordinance
(A) Applicability
This subsection shall apply to the P Professional Office, R Retail, LC Light Commercial, HC Heavy
Commercial, I Industrial, and MX Mixed Use districts, and any other districts or development as specified
in this Ordinance.
(B) Exterior Material Requirements and Design Elements for Nonresidential Districts and Uses
(1) Exterior Material Standards
(a) Nonresidential Uses within Nonresidential Districts
1.
Within P Professional Office, R Retail, LC Light Commercial, and MX Mixed Use zoning
districts, exterior façades of a main building or structure shall consist of one hundred (100)
percent Class 2: Masonry Construction.
2.
Within HC Heavy Commercial and I Industrial districts, exterior façades of a main building or
structure adjacent to a public street shall consist of one hundred (100) percent Class 2:
Masonry Construction. All exterior façades of a main building or structure shall consist of at
least sixty (60) percent Class 3: Masonry Construction.
(b) Nonresidential Uses within Residential Districts
1.
If a nonresidential use is within a residential district, then exterior façades of a main building
or structure shall consist of one hundred (100) percent Class 1: Masonry Construction.
(c) Maximum Material Coverage
No single building material shall cover more than eighty (80) percent of the front of any building,
with the exception of on-site utility or service structures.
(d) Windows
1.
Clear glass shall be used for commercial storefront display windows and doors.
2.
Windows shall be individually defined with detail elements such as frames, sills, and lintels,
and placed to visually define the building stories.
(2) Façade Articulation
In order to ensure the aesthetic value and visual appeal of nonresidential land uses and structures,
façade articulation shall be required. See definition of Articulation in Section 8. Definitions of the
Zoning Ordinance.
(a) Facade articulation of at least three (3) feet in depth or offset shall be required for every thirty
(30) feet in horizontal surface length.
(b) Facade offsets shall be shown, along with calculations verifying that the building elevations meet
the above requirement, on a building facade (elevation) plan, and shall be submitted for review
along with the site plan.
(C) Waiver
22
Residential Development Ordinance
Single-Family Development Regulations
(A) Applicability
This subsection shall apply to the SF-E Single-Family Residential Estate, SF-10 Single-Family Residential,
and SF-7 Single-Family Residential districts, and any other districts or development specified in this
Ordinance.
(B) Exterior Material Requirements
The exterior facades of a main structure shall be constructed of sixty (60) percent Class 1: Masonry
Construction on the first and second floors and fifty (50) percent on all other floors.
(C) Waiver
Multiple Family Development Regulations
(A) Applicability
This subsection shall apply to the MF-2 Multiple-Family Residential Medium Density, MF-3 MultipleFamily Residential High Density, and MX Mixed Use districts, and any other districts or development
specified in this Ordinance.
(B) Building Orientation and Construction
(1) Parking
(a) Parking is only allowed between the building and a public street when located at or beyond the
required landscape buffer and screened with a headlight screen of earthen berms and/or a row
of shrubs.
(b) Parking between the building and a public street is also subject to tree planting requirements
specified in (D)(2) Other Parking and Circulation Requirements below.
(c) Buildings with enclosed garages, when adjacent to a public street, must face garage doors
internally to the development. Garage doors may not face a public street.
(2) Detached Garages
(a) No detached garages may be located between residential buildings and a public street.
(b) Structured parking garages consisting of more than one (1) level must meet appropriate building
setbacks as specified in the Zoning Ordinance.
(3) Pedestrian Connections
Gated or un-gated pedestrian connections will be provided to adjacent schools, parks, and
nonresidential developments.
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(C) Exterior Material Requirements and Design Elements
(1) Exterior Materials
(a) The exterior façades of a main building or structure shall be constructed of eighty-five (85)
percent Class 1: Masonry Construction on the first and second floors and fifty (50) percent on all
other floors.
(2) Design Elements
(a) Flat roofs are prohibited.
(b) All residential windows shall be operable, with the exception of decorative windows, transoms,
and side lights. The windows in living areas and bedrooms, except for dormer windows, shall be
a minimum fifteen (15) square feet in size.
(c) All stairs (except entry stairs and stoops to individual units and shared hallways) and elevated
walkways shall be screened with architectural features to avoid a direct view of a stairwell from
public streets and open space.
(d) All multifamily buildings must use four (4) or more of the following architectural features.
1.
Awnings/Canopies
2.
Balconies (a minimum of twenty-five (25) square feet in size)
3.
Dormers
4.
Offsets within each building (minimum twenty (20) feet to receive credit)
5.
Patio (a minimum of twenty-five (25) square feet in size)
6.
Porches (a minimum of twenty-five (25) square feet in size)
7.
Stoops (a minimum of two (2) feet tall by four (4) feet wide)
8.
Varied roof height in building (minimum ten (10) foot difference)
9.
Others as approved by the Zoning Administrator
(e) Mailrooms or mail kiosks shall be one hundred (100) percent masonry and constructed of the
same materials as the main structure.
(3) Façade Articulation
In order to ensure the aesthetic value and visual appeal of multiple family land uses and structures,
façade articulation shall be required. See definition of Articulation in Section 8. Definitions of the
Zoning Ordinance.
(a) Facade articulation of at least three (3) feet in depth or offset shall be required for every thirty
(30) feet in horizontal surface length.
(b) Facade offsets shall be shown, along with calculations verifying that the building elevations meet
the above requirement, on a building facade (elevation) plan, and shall be submitted for review
along with the site plan.
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(D) Parking and Circulation Standards
(1) Garages, When Provided
(a) Garages shall be one hundred (100) percent masonry and be constructed of the same materials
as the main structure.
(b) The garage may be part of the dwelling structure.
(c) Garages shall be set back a minimum of eight (8) feet from the circulation aisle.
(d) The garage shall not be used for storage, thereby prohibiting the parking of an operable vehicle.
(2) Other Parking and Circulation Requirements
(a) Parking located between the building and a public street shall be at or beyond the required
landscape buffer and requires a large tree every five (5) parking spaces along the first row of
parking and a head light screen in addition to perimeter landscaping requirements.
(b) Sub-grade parking under all or a portion of the building will not count against building height if
half or more of sub-grade parking is below the average finish grade of the first floor.
(c) Dead-end drive aisles shall have a maximum of ten (10) parking spaces.
(d) Mail kiosk shall have a minimum of five (5) of the required parking spaces for the development
within fifty (50) feet, unless a drive-through facility is provided.
(e) Enclosed garage parking spaces shall be a minimum of ten (10) by twenty (20) feet.
(f) Drive aisles within the apartment complex must be configured to decrease speed and shall have
a maximum of five hundred (500) feet in a straight length without an offset of a minimum of
thirty (30) feet, unless other traffic calming measured are approved by the Zoning Administrator
and Fire Chief.
(g) Access to a public street in a single-family neighborhood will be limited access and will not
function as a primary access point for the complex.
(h) Access to single-family alleys is prohibited.
(i) Direct access to a median opening is required when the property is located on a divided
thoroughfare. This shall be one of the minimum two points of access required.
(E) Waiver
25
Communication Towers and Television Receivers
Ordinance
(A) Purpose
Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to
promote the health, safety and general welfare of the citizens of the city. The placement of such
equipment shall be located so that the health, safety, welfare and aesthetic quality of the community
shall not be compromised; therefor, the regulations governing the location of such equipment shall
consider the aesthetic quality of the community equal to the health, safety and general welfare of the
community. The antennas, masts and towers enumerated in this division shall not be deemed violations
of this chapter when made under the conditions provided in this division.
(B) Definitions
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this subsection, except where the context clearly indicates a different meaning:
Antenna means a device used in communications which transmits or receives radio signals.
Antenna, building attached, means an antenna attached to existing structures in one of the following
forms:
1.
Roof-mounted, in which antennas are placed on the roofs of buildings; or
2.
Building-mounted, in which antennas are mounted to the sides of buildings.
Such antennas can also be mounted on structures such as water tanks, billboards, church
steeples, electrical transmission towers, etc.
Antenna facility means a structure, monopole, tower or lattice tower used to support antennas,
which is more than 35 feet tall.
Antenna, microwave, also known as dish antenna, means a dish-shaped antenna used to link
communication sites together by wireless transmission of voice or data, utilizing electromagnetic
radiation frequencies from three GHz to 300 GHz; and using relatively low transmitter power levels
when compared to other forms of transmission.
Antenna, panel, also known as directional antenna, means an antenna, or array of antennas, designed
to concentrate a radio signal in a particular area. Panel antennae are typically flat, rectangular
devices, approximately six square feet in size.
Antenna, whip, also known as omnidirectional antenna, means a cylindrically shaped antenna which
has a diameter between two and six inches, and measures between one and 18 feet in height. Such
antennas are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.
Collocation means the act of locating wireless communications equipment from more than one
provider on a single antenna facility.
Equipment storage means a small unmanned, single story equipment building, less than 500 square
feet in size, used to house radio transmitters and related equipment.
Lattice tower means a tower having three or four support legs, and holds a variety of antennas. Such
towers range from 60 to 200 feet in height, and can accommodate a variety of users.
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Monopole means an antenna facility composed of a single spire, more than 35 feet tall, used to
support communications equipment or other visible items. No guy wires are used or permitted on
such antenna facility.
Satellite receive-only antenna means an antenna that enables the receipt of television signals
transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna
or satellite earth station antenna.
Tower means a columnar, guyed structure, more than 35 feet tall, used to support antennas or other
visible items.
(C) Amateur Radio Equipment and TV Antennas in Residential Districts
Amateur radio equipment, including ham radio and CB equipment, and personal use TV antennas shall be
allowed in the SF-E Single-Family Residential Estate, SF-10 Single-Family Residential, SF-7 Single-Family
Residential, MF-1 Two-Family (Duplex) Residential, MF-2 Multiple-Family Residential Medium Density,
MF-3 Multiple-Family Residential High Density, and MH Manufactured Home (HUD Code) zoning
districts within the city if it complies with the following regulations:
(1) The antenna facility may be building attached, monopoles, towers or lattice towers;
(2) Only one antenna facility exceeding 35 feet per premises shall be allowed;
(3) An antenna facility, exclusive of the height of an antenna or mast, shall not exceed 65 feet in height;
provided, however, that an antenna facility shall be permitted additional height at the ratio of one
added foot in height for each additional foot of setback beyond the minimum setback required of an
accessory building in this chapter; however, the maximum height for a tower permitted without a
waiver in any residential district shall be 80 feet;
(4) The height of an antenna, including the height of an antenna facility to which such antennas may be
fastened or attached, shall not exceed 80 feet in height without a waiver;
(5) An antenna not fastened to an antenna facility shall not exceed 50 feet in overall height without a
waiver, except for an antenna which does not extend more than eight feet above the building on
which it is mounted;
(6) An antenna facility shall be limited to having the number and size of antennas attached to it that are
allowed by the antenna facility manufacturer's designs and specifications for maximum wind load
requirements;
(7) Setbacks:
(a) Antennas and antenna facilities shall not be permitted in front or side yards;
(b) Guy wires are not permitted in front yards;
(c) Guy wires are permitted in required side and rear yards;
(d) Setback for antenna facilities shall be the same as is required for accessory buildings in
residential districts as set forth in this chapter.
(8) There shall be no minimum or maximum separation requirements for antenna facilities from other
structures on the same lot of record;
(9) Antenna facilities shall not be permitted in any easement;
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(10) No auxiliary or outdoor lighting above 20 feet shall be allowed on antenna facilities located on
residentially zoned property within the city, and no lights so located shall be directed off one's
property, except such lights or lighting as may be required by the Federal Aviation Administration or
the Federal Communications Commission;
(11) A building permit shall be obtained prior to the construction and/or installation of an antenna facility.
Antenna facilities must be installed as per the manufacturer's recommendations or under the seal of
a registered professional engineer of the state;
(12) Antennas and/or antenna facilities obviously not in use or in need of maintenance, as determined by
the building official, shall be removed or brought into compliance within 30 days following notice
given by the building official. This shall not preclude immediate action by the building official to
safeguard life, limb, health, property and public welfare;
(13) No part of an antenna, antenna facility or an attachment thereto may extend beyond the property
lines of the owner of such antenna or antenna facility without written permission from affected
property owners;
(14) No permit shall be issued for the installation of an antenna or antenna facility on a multifamily
structure or property unless a notarized statement of permission from the owner is presented to the
building department;
(15) All antennas and antenna facilities shall be subject to an inspection every five years by a qualified
expert. Such inspection is to be conducted and charged for by the city in accordance with provisions
in the building code adopted in Chapter 14 of the City’s Code of Ordinances.
(16) A waiver must be obtained from the zoning board of adjustment for an antenna facility which does
not comply with the regulations set forth in this subsection (C) (see (H) Waivers for Antennas); and
(17) The zoning board of adjustment shall approve a requested application for a waiver upon
documentation that such waiver is necessary and critical to the communications operation of the
facility.
(D) Commercial Antennas in Residential Districts
Only building attached antennas shall be allowed in residentially zoned districts under the following
conditions:
(1) A waiver must be obtained from the zoning board of adjustment (see (H) Waivers for Antennas).
(2) The proposed antenna must be attached to or enclosed in an existing structure currently or last
occupied by a nonresidential use as set forth in this chapter, or attached to a power or telephone
pole, water storage tower or other utility structure;
(3) The antenna must not extend over eight feet above the structure to which it is attached;
(4) A minimum of 1,500 feet of separation shall be required between antenna facilities;
(5) If attached to the exterior of a structure or a power or telephone pole, water storage tower or other
utility structure, the antenna must be at least 75 feet above grade and painted to match the structure
to which it is attached;
(6) The antenna may be placed lower than 75 feet above grade if completely enclosed within existing
architectural elements of a building so as not to be visible;
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(7) Any associated equipment storage building shall be screened from public view by a decorative wall
composed of masonry or engineered decorative concrete panels, such wall to be not less than six feet
in height, with landscaping for aesthetic purposes.
(8) All driveways accessing an antenna facility site or equipment storage site shall be constructed of an
all-weather hard surface as approved by the building official;
(9) No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property,
except such lights or lighting as may be required by the Federal Aviation Administration or the
Federal Communications Commission;
(10) A building permit must be obtained prior to the construction and/or installation of a tower, antenna
or mast. Towers must be installed as per the manufacturer's recommendations or under the seal of a
registered professional engineer of the state;
(11) Antennas obviously not in use or in need of maintenance, as determined by the building official, shall
be removed or brought into compliance within 30 days following notice given by the building official.
This shall not preclude immediate action by the building official to safeguard life, limb, health,
property and public welfare;
(12) No part of an antenna, antenna facility or any attachment thereto may extend beyond the property
lines of the owner of such antenna;
(13) No permit shall be issued for the installation of an antenna facility on a structure or property, unless a
notarized statement of permission from the owner is presented to the building department; and
(14) All antennas or antenna facilities shall be subject to an inspection every five years by a qualified
expert. Such inspection may be conducted and charged for by the city in accordance with provisions
(E) Commercial and Industrial Districts
Radio, television, microwave broadcast relay, receiving towers and transmission and retransmission
facilities, satellite receiving only earth stations (home dish antenna) and any electronic emission
equipment of a commercial nature shall be allowed in the P Professional Office, R Retail, LC Light
Commercial, HC Heavy Commercial, I Industrial, and MX Mixed Use zoning districts if it complies with the
following regulations:
(1) Only one antenna facility shall be allowed per premises;
(2) Antenna facilities shall be limited to building attached and monopoles only;
(3) An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in
height; provided, however, that an antenna facility shall be permitted additional height at the ratio of
one added foot in height for each additional foot of setback beyond the minimum setback required of
an accessory building as set forth in this chapter; however, the maximum height for an antenna
facility permitted without a waiver in a P Professional Office, R Retail, LC Light Commercial, HC
Heavy Commercial, I Industrial, or MX Mixed Use district shall be 65 feet;
(4) The height of an antenna, including the height of an antenna facility to which such antenna may be
fastened or attached, shall not exceed 65 feet in height without a waiver;
(5) An antenna not fastened to an antenna facility shall not exceed 50 feet, except for an antenna which
does not extend more than eight feet above the building on which it is attached;
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(6) An antenna facility shall be limited to having the number and size of antennas attached to it that are
allowed by the antenna facility manufacturer's designs and specifications for maximum wind load
requirements;
(7) Setbacks:
(a) Antennas and antenna facilities shall not be permitted in front or side yards;
(b) Antennas and antenna facilities shall be setback from residential districts a minimum distance
equal to two times the height of the tower, but in no instance shall the setback be less than 200
feet from any residentially zoned district.
(8) There shall be no minimum or maximum separation requirements for antenna facilities from other
structures on the same lot of record, with the exception of structure mounted antennas which shall
have a separation of 1,500 feet from the antenna facilities;
(9) Antenna facilities shall not be permitted in any easement;
(10) No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property
within the city, except such lights or lighting as may be required by the Federal Aviation
Administration or the Federal Communications Commission;
(11) A building permit shall be obtained prior to the construction and/or installation of a tower, antenna
or mast. Antenna facilities must be installed as per the manufacturer's recommendations or under
the seal of a registered professional engineer of the state;
(12) Antenna facilities and antennas obviously not in use or in need of maintenance, as determined by the
building official, shall be removed or brought into compliance within 30 days following notice given
by the building official. This shall not preclude immediate action by the building official to safeguard
life, limb, health, property and public welfare;
(13) No part of an antenna, antenna facility or an attachment thereto may extend beyond the property
lines of the owner of such antenna or antenna facility;
(14) No permit shall be issued for the installation of an antenna or antenna facility on a multifamily
structure or property unless a notarized statement of permission from the owner is presented to the
building department;
(15) All antennas and antenna facilities shall be subject to an inspection every five years by a qualified
expert. Such inspection may be conducted and charged for by the city in accordance with provisions
(16) A waiver must be obtained from the zoning board of adjustment for an antenna or tower which does
not comply with the regulations set forth in this subsection (E) (see (H) Waivers for Antennas).
(F) Written Report upon Denial of Request
The city shall document in writing any denial of a request to place, construct or modify personal wireless
service facilities. Such documentation shall be supported by substantial evidence within the written
record.
(G) Satellite Receive-Only Antennas
(1) Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television
signals. Satellite receive-only antennas shall not be deemed to be a violation of this chapter when
such antennas conform to the conditions set forth in this subsection, and such conditions are found
30
to be reasonable and clearly define health, safety and aesthetic objectives. A satellite receive-only
antenna shall be allowed within the city if it complies with the following:
(a) Such antenna is two meters or less in diameter and is located or proposed to be located in an
area where commercial or industrial uses are generally permitted by nonfederal land use
regulations; or
(b) The antenna is less than one meter in diameter in any zoning district.
(2) Satellite receive-only antennas shall be allowed in residential districts if such antennas are greater
than one meter in diameter, and shall be allowed in commercial or industrial districts if such
antennas are greater than two meters in diameter. Such antennas shall be allowed in any zoning
district if it complies with the following additional regulations:
(a) Only one satellite receive-only antenna per lot of record shall be allowed;
(b) Satellite receive-only antennas shall not exceed ten feet in height;
(c) Setbacks for satellite receive-only antennas shall be as follows:
1.
Front and side. Such antennas shall not be permitted in front or side yards;
2.
Rear. Such antennas shall be permitted in rear yards, provided they meet the minimum
setback as is required for accessory buildings in residential districts and for all buildings in
nonresidential districts as set forth in this chapter.
(d) There shall be no minimum or maximum separation requirements for satellite receive-only
antennas from other structures on the same lot of record;
(e) Satellite receive-only antennas shall not be permitted in easements;
(f) No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas, except such
lights or lighting as may be required by the Federal Aviation Administration or the Federal
Communications Commission;
(g) A building permit must be obtained prior to the construction and/or installation of a satellite
receive-only antenna. Such antennas must be installed as per the manufacturer's
recommendations or under the seal of a registered professional engineer of the state;
(h) Satellite receive-only antennas obviously not in use or which are obviously in need of
maintenance as determined by the building official, shall be removed or brought into compliance
within 30 days following notice given by the building official. This shall not preclude immediate
action by the building official to safeguard life, limb, health, property and public welfare;
(i) No part of a satellite receive-only antenna or any attachment thereto may extend beyond the
property lines of the owner of such antenna;
(j) No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily
structure or property unless a notarized statement of permission from the owner is presented to
the building department; and
(k) All satellite receive-only antennas shall be screened from view from adjoining properties by solid
fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding
the yard in which the antenna is located shall be considered to be screened.
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(H) Waivers for Antennas
Waivers from the zoning board of adjustment as mentioned above shall be processed in the same manner
as a special exception from the zoning ordinance.
32
Gas Well Drilling and Production Ordinance
(A) Purpose and Intent
The exploration, development, and production of gas in the city is an activity which necessitates
reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to
peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of
this division to establish reasonable and uniform limitations, safeguards and regulations for operations
related to the exploring, drilling, developing, producing, transporting and storing of gas and other
substances produced in association with gas within the city to protect the health, safety and general
welfare of the public, minimize the potential impact to property and mineral rights owners, protect the
quality of the environment, and encourage the orderly production of available mineral resources.
(B) Definitions
All technical industry words or phrases related to the drilling and production of gas wells not specifically
defined shall have the meanings customarily attributable thereto by prudent operators in the gas
industry. For the purposes of this division, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Abandonment as defined by the railroad commission, means and includes the plugging of the well
and restoration of the drill site as required by this division.
Applicant means a person to whom a permit or certificate for the drilling, operation and production
of a well, or the installation or operation of a pipeline, is issued under this division, including, but not
limited to, his or her heirs, legal representatives, successors or assigns.
Drill site means the area used for drilling, completing, or re-working a well.
Drilling means any digging or boring of a new well to develop or produce gas or to inject gas, water,
or any other fluid or substance into the earth. Drilling means and includes the re-entry of an
abandoned well. Drilling does not mean or include the re-entry of a well that has not been
abandoned.
Environmentally sensitive area means an area under the jurisdiction of the U.S. Army Corps of
Engineers where scientific, ecological, cultural or aesthetic features have been identified by the Corps
of Engineers.
Exploration means geologic or geophysical activities, including, but not limited to, surveying and
seismic exploration, related to the search for gas or other sub-surface hydrocarbons.
Gas or natural gas, shall have the meaning ascribed to it in the rules, regulations, and forms of the
railroad commission.
Gas well means any well drilled for the production of gas or classified as a gas well by the Texas
Natural Resources Code or the Railroad Commission.
Gas well inspector means an independent qualified gas consultant familiar with and educated in the
gas industry who has been retained by the city.
Gas well permit means a permit applied for and issued or denied pursuant to this division authorizing
the drilling, production, and operation of one or more gas wells.
Gathering station means the site where the gathering lines for all the wells converge.
33
Hazardous materials management plan means the hazardous materials management plan and
hazardous materials inventory statements required by the fire code.
New well means a new well bore or new hole established at the ground surface and shall not include
the re-working of an existing well that has not been abandoned unless the re-working involves drilling
to a deeper total depth.
Operation site means the area used for development and production of gas and all related
operational activities after drilling activities are complete.
Operator means, for each well, the person listed on the railroad commission form W-1 or form P-4 for
a gas well, that is, or will be, actually in charge and in control of drilling, maintaining, operating,
pumping or controlling any well including, without limitation, a unit operator. If the operator, as
defined herein, for any gas well is not the lessee of any premises affected by the provisions of this
division, then such lessee shall also be deemed to be an operator. In the event that there is no gas
lease relating to any premises affected by this division, the owner of the fee mineral estate in the
premises shall be deemed the operator.
Pipeline easement map means a map indicating all gathering line easements. The easements must be
located separately from other utility easements.
Railroad commission means the Railroad Commission of Texas.
Road repair agreement means a written agreement obligating the operator to repair damage,
excluding ordinary wear and tear, if any, to public streets, including, but not limited to, bridges,
caused by the operator or its employees, agents, contractors, subcontractors or representatives in
the performance of drilling or production of any gas wells authorized by the city.
Well means a hole or bore to any horizon, formation, or strata for the purpose of producing gas or
other hydrocarbons.
(C) Special Use Permit Required
The drilling and production of gas within the city shall only be permitted by special use permit in
accordance with Subsection 6.08 Specific Use Permit (SUP) of the Zoning Ordinance. A site plan is
required with the special use permit application and must include all information required by the Zoning
Ordinance and the following additional information:
(1) The total number of wells to be drilled.
(2) The location of the drill site and a layout of the site showing all related facilities, including, but not
limited to, drilling rig, pipe rack, water and sanitary sewer facilities, electrical supply, camper/office
trailers, reserve pit, and fracturing pits.
(3) The location of the operation site and a layout of the site showing all related facilities, including but
not limited to wellheads, separators, dehydrators, tank batteries, compressors, and metering
stations.
(4) Size, location and purpose of any shared facilities, including, but not limited to, centralized tank
batteries or fracturing pits for multiple wells or drill sites.
(5) The design, location and arrangement of all access roads.
(6) A map of the public streets to be used by truck traffic to the drill site.
(7) The location of any floodplain, drainage or flowage easement.
34
(8) A pipeline easement map indicating the location of the nearest gathering station and the alignment
of the pipeline(s) connecting the operation site to the gathering station.
(9) A video documenting existing conditions of the city streets within one mile of the drill site that will be
used by truck traffic to the site, plus a video of the property being used for the drill site.
(D) Gas Well Permit Required
(1) No person shall engage in the drilling and production of gas wells within the city without first
obtaining a gas well permit.
(2) A separate gas well permit shall be obtained for each well drilled, regardless of whether such well is
on a previously existing pad site.
(3) An application for a gas well permit may be filed with the city concurrently with the application for a
special use permit; provided, however, that the city shall not be required to consider the application
for a gas well permit unless and until a special use permit is approved by the city council.
(4) When a gas well permit has been issued covering a well, the permit shall constitute authority for the
following, so long as conducted in strict accordance with this Ordinance: Drilling, operation,
production, gathering of production, maintenance, repair, reworking, testing, site preparation
consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by
this Ordinance associated with drilling or production by the operator or its employees, agents,
contractors, subcontractors or representatives. A gas well permit shall also constitute authority for
the construction and use of all facilities reasonably necessary or convenient in connection therewith,
including gathering lines and discharge lines, by the operator or his employees, agents, contractors,
subcontractors or representatives, so long as constructed and used in strict accordance with this
Ordinance.
(5) An original gas well permit shall not, however, constitute authority for the re-entering and drilling of
an abandoned well. Re-entry and drilling of an abandoned well shall require a new gas well permit.
(6) A gas well permit may be issued for any lot, tract or other parcel of property, and public utilities may
be extended or connected to serve the drill site, whether or not the lot, tract, or other parcel of
property is part of a recorded plat.
(7) In addition to obtaining a gas well permit and before establishing a drill site and access road, the
operator must obtain the necessary permits from the city building inspections department and a
grading permit from the city engineering department. The grading permit application shall include a
stormwater pollution prevention plan and a drainage plan unless the city engineer determines that
they are not necessary.
(E) Application and Review of Gas Well Permit
(1) Applications for gas well permits shall be submitted in writing on forms provided by the city and
signed by the operator.
(2) Applications for gas well permits shall be filed with the planning department. The operator shall pay a
gas well permit fee and a gas well inspection fee in the amounts established in the fee schedule
attached to the City Code as appendix A, for each gas well to be drilled. The permit fee is
nonrefundable regardless of the outcome of the application. If the application is denied, the city shall
promptly refund the inspection fee once such denial becomes final. Incomplete applications shall be
returned to the applicant. The city shall return any application as incomplete if there is a dispute
35
pending before the railroad commission regarding the determination or authorization of the
operator.
(3) No gas well permit shall be issued if the proposed activities are not in conformance with the
approved special use permit and associated site plan, provisions of this Ordinance, building code, fire
code and all other applicable city ordinances.
(4) A decision to deny an application for a gas well permit shall be provided to the operator in writing,
including the reason for the decision. The operator may appeal any such denial to the city council.
(5) If an application for a gas well permit is denied, nothing herein contained shall prevent a new
application from being submitted to the city for the same well. A new application fee shall
accompany each new application.
(F) Insurance and Indemnification
The operator shall provide or cause to be provided, the insurance described below for each well for which
a gas well permit is issued, such insurance to continue until the well is abandoned and the site restored.
The operator may provide the required coverage on a "blanket" basis for multiple wells if the site of each
well is sufficiently identified, the limits of coverage are sufficient as determined by the city within its sole
discretion, and the blanket policy is otherwise approved by the city. The operator must provide to the city
sufficient documentation that the operator's insurance complies with the requirements of this section
before the issuance of the gas well permit.
(1) General requirements: Indemnification and express negligence provisions.
(a) Each gas well permit issued by the city shall include the following language and regardless of
whether such language is actually included in the gas well permit it shall be deemed to be
included therein:
OPERATOR DOES HEREBY EXPRESSLY AND IRREVOCABLY RELEASE AND DISCHARGE ALL
CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, AND EXECUTIONS OF ANY AND ALL KINDS
WHICH IT OR ITS SUCCESSORS OR ASSIGNS EVER HAD, OR NOW HAS OR MAY HAVE, OR
CLAIMS TO HAVE, AGAINST THE CITY OF RICHLAND HILLS, TEXAS, ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, EMPLOYEES, SPONSORS, OR VOLUNTEERS, THE GAS WELL
INSPECTOR, AND EACH OF THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES,
SUCCESSORS, AND ASSIGNS (THE CITY OF RICHLAND HILLS, TEXAS AND ALL OTHER
FOREGOING PARTIES BEING HEREIN REFERRED TO COLLECTIVELY AS THE "INDEMNIFIED
PARTIES") CREATED BY OR ARISING OUT OF PERSONAL INJURIES, KNOWN OR UNKNOWN,
OR INJURIES TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL TO OR IN
CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR
UNDER A GAS WELL PERMIT. OPERATOR AGREES TO FULLY DEFEND, PROTECT, INDEMNIFY,
AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST EACH AND EVERY
CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES,
OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES
INCURRED BY THE INDEMNIFIED PARTIES CAUSED BY OR ARISING OUT OF, INCIDENTAL TO,
OR OTHERWISE IN CONNECTION WITH ANY WORK PERFORMED BY OPERATOR UNDER A GAS
WELL PERMIT, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES AND DEATH IN
CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR, HIS AGENTS,
ASSIGNS, OR ANY THIRD PARTIES. OPERATOR AGREES TO FULLY DEFEND, PROTECT,
INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY CLAIMS,
LIABILITIES, OR DAMAGES SUFFERED AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR
36
JUDGMENTS AGAINST THE INDEMNIFIED PARTIES, CREATED BY OR ARISING OUT OF THE
ACTS OR OMISSIONS OF THE CITY OF RICHLAND HILLS OR ANY OF THE OTHER INDEMNIFIED
PARTIES, OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF
INSPECTING AND PERMITTING THE GAS WELLS INCLUDING, BUT NOT LIMITED TO, CLAIMS,
LIABILITIES, AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ANY
OF THE INDEMNIFIED PARTIES, INCLUDING THE SOLE NEGLIGENCE OF ANY INDEMNIFIED
PARTY, OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF
INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR
TO INDEMNIFY AND PROTECT THE CITY OF RICHLAND HILLS, TEXAS AND THE OTHER
INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF ANY OF THE
INDEMNIFIED PARTIES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE
OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. THE FOREGOING IS NOT INTENDED
TO REQUIRE THE OPERATOR TO INDEMNIFY THE INDEMNIFIED PARTIES FROM THE
INDEMNIFIED PARTIES' GROSS NEGLIGENCE OR INTENTIONAL HARM, IRRESPECTIVE OF
WHETHER THAT GROSS NEGLIGENCE OR INTENTIONAL HARM IS THE SOLE OR
CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE.
(b) All policies shall be endorsed to read "This policy will not be cancelled or nonrenewed without 30
days advanced written notice to the owner and the City of Richland Hills, Texas, except when this
policy is being cancelled for nonpayment of premium, in which case ten days advance written
notice is required".
(c) Liability policies shall be written by: (i) carriers licensed to do business in Texas and with
companies with A: VIII or better rating in accordance with the current best key rating guide; or (ii)
nonadmitted carriers that have a financial rating comparable to carriers licensed to do business
in Texas and which are approved by the city.
(d) Liability policies shall name as "additional insured" the city and other indemnified parties.
Waivers of subrogation shall be provided in favor of all indemnified parties.
(e) Copies of the pertinent portion of the insurance policies evidencing all coverages and
endorsements required by this section must be presented to the city before the issuance of the
gas well permit, and the acceptance of a policy without the required limits and/or coverages shall
not be deemed a waiver of these requirements. The city may, in its sole discretion, accept a
certificate of insurance in lieu of a copy of the pertinent portion of the policy pending receipt of
such document by the city. After the issuance of the gas well permit, the city may require the
operator to provide a copy of the most current insurance coverages and endorsements for
review at any time. An administration fee of $150.00 will be charged to cover the cost of such
review.
(f) Claims-made policies shall not be accepted except for excess policies and environmental
impairment (or seepage and pollution) policies.
(2) Required insurance coverage:
(a) Commercial or comprehensive general liability insurance:
1.
Coverage should be a minimum combined single limit of $1,000,000.00 per occurrence for
bodily injury and property damage, with a $2,000,000.00 annual general aggregate. This
coverage must include premises, operations, blowout or explosion, products, completed
operations, blanket contractual liability, underground property damage, underground
37
reservoir (or resources) damage, broad form property damage, independent contractors
protective liability and personal injury.
2.
Underground reservoir (or resources) damage shall be on an occurrence basis, shall not be
limited to sudden and accidental occurrences, shall not have a discovery or reporting
limitation and shall not exclude damage to water tables, formation or strata.
3.
Environmental impairment (or seepage and pollution) shall be either included in the
coverage or written as separate coverage. Such coverage shall not exclude damage to the
lease site. Coverage shall apply to sudden and accidental pollution conditions resulting from
the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases,
waste material, or other irritants, contaminants or pollutants. Coverage shall be a minimum
combined single limit of $1,000,000.00, per occurrence. A discovery period for such peril
shall not be less than 30 days after the occurrence.
(b) Automobile liability insurance: Minimum combined single limit of $1,000,000.00 per occurrence
for bodily injury and property damage. Such coverage shall include owned, nonowned, and hired
vehicles.
(c) Worker's compensation insurance: In addition to the minimum statutory requirements, coverage
shall include employer's liability limits of at least $1,000,000.00 for each accident, $1,000,000.00
for each employee, and a $1,000,000.00 policy limit for occupational disease, and the insurer
agrees to waive rights of subrogation against any of the indemnified parties for any work
performed for the city by the operator.
(d) Excess (or umbrella) liability insurance: Minimum limit of $10,000,000.00 covering in excess of
the preceding liability insurance policies.
(e) Control of well insurance:
1.
Minimum limit of $10,000,000.00 per occurrence, with a maximum deductible of
$250,000.00 per occurrence.
2.
Policy shall cover the cost of controlling a well that is out of control, redrilling or restoration
expenses, and seepage and pollution damage. Damage to property in the operator's care,
custody, and control with a sub-limit of $500,000.00 may be added.
(G) Security
A security instrument that covers each well must be delivered to the city before the issuance of the gas
well permit for the well. The instrument must provide that it cannot be cancelled without at least 30 days
prior written notice to the city.
(1) As to each well, the instrument shall secure the obligations of the operator to:
(a) Comply with the road repair agreement and the insurance provisions set forth in this Ordinance;
and
(b) Pay fines and penalties imposed upon the operator by the city for any breach of the gas well
permit or zoning ordinance.
(2) The security instrument may be in the form of an irrevocable letter of credit issued by a bank located
in the City of Richland Hills, Texas and approved by the city or a payment bond issued by a surety
approved by the city. The instrument shall run to the city for the benefit of the city, shall become
effective on or before the date the gas well permit is issued, and shall remain in force and effect for a
38
period not less than six months after the expiration or termination of the gas well permit or after the
well is plugged and abandoned and the site restored.
(3) A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate
shall be issued by a bank located in the City of Richland Hills, Texas and approved by the city, shall be
payable to the order of the city to secure the obligations of the operator described above, and shall
be pledged to the city with evidence of delivery provided to the city and an appropriate control
agreement signed by the issuing bank sufficient to perfect the city's interest in the deposit. Interest
on the certificate of deposit shall be payable to the operator.
(4) The amount of the security shall be $100,000.00 for any single well and $200,000.00 for multiple
wells on a "blanket" basis under the same gas well permit.
(5) The form and substance of the documents evidencing the security instruments described above must
be acceptable to the city within its sole discretion.
(H) Periodic Reports
(1) The operator shall notify the director of planning of any change to the following information within
one business day after the change occurs:
(a) The name, address or phone number of the operator;
(b) The name, address or 24-hour phone number of the person(s) with supervisory authority over
drilling or operations activities;
(c) The name, address or phone number of the person designated to receive notices from the city,
which person must be a resident of Texas, that can be served in person or by registered or
certified mail; or
(d) The operator's emergency action response plan including "drive-to maps" from public rights-ofway to each area covered by the applicable special use permit and associated site plan.
(2) The operator shall provide a copy of any "incident reports" or written complaints submitted to the
railroad commission or any other state or federal agency within 30 days after the operator has notice
of the existence of such reports or complaints.
(3) Beginning on December 31st after each well is completed, and continuing on each December 31st
thereafter until the operator notifies the city that the well has been abandoned and the site restored,
the operator shall prepare a written report to the city identifying any changes to the information that
was included in the application for the applicable gas well permit that have not been previously
reported to the city.
(I) Amended Gas Well Permits
(1) An operator must submit an application to the planning department to amend an existing gas well
permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference
as part of) the existing permit, to relocate a drill site or operation site that is shown on (or
incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit.
(2) The operator shall file any application for an amendment to an existing gas well permit with the
planning department, in writing on forms provided by the city and signed by the operator, which
application shall include the following:
39
(a) Payment of a gas well permit amendment fee in the amount established in the fee schedule
attached to the City Code as appendix A, which application fee is nonrefundable regardless of the
outcome of the application;
(b) A description of the proposed amendments;
(c) Permit (if such information has not previously been provided to the city);
(d) Such additional information as is reasonably required by the gas well inspector or city staff to
demonstrate compliance with the applicable special use permit and associated site plan and the
provisions of this Ordinance; and
(e) Such additional information as is reasonably required by the gas well inspector or city staff to
prevent imminent destruction of property or injury to persons.
(3) If, in the judgment of the city or the gas well inspector, the activities proposed by the amendment
require an inspection, the operator shall pay an inspection fee in the amount established in the fee
schedule attached to the City Code as appendix A. The operator must pay the fee before the
amended gas well permit will be issued.
(4) Incomplete applications shall be returned to the applicant. The city shall return any application as
incomplete if there is a dispute pending before the railroad commission regarding the determination
of the operator.
(5) If the activities proposed by the amendment are materially different and, in the judgment of the city
or the gas well inspector, might create a risk of imminent destruction of property or injury to persons
that was not associated with the activities covered by the existing permit or that was not otherwise
taken into consideration by the current permit, the amendment must be processed as a new gas well
permit application under the provisions of (E) above.
(6) A decision to deny an amendment to a gas well permit shall be provided to the operator in writing,
including an explanation of the basis for the decision. The operator may appeal any such denial to the
city council.
(7) No amended gas well permit shall be issued if the proposed activities are not in conformance with
the approved special use permit and associated site plan, provisions of this Ordinance, building code,
fire code and all other applicable city ordinances.
(J) Transfer of Gas Well Permits
(1) A gas well permit may be transferred upon written request by the operator with the consent of the
city:
(a) If the transferee agrees to be bound by the terms and conditions of the current gas well permit
and road repair agreement;
(b) If all information previously provided to the city as part of the current gas well permit application
is updated to reflect any changes; and
(c) If the transferee provides the insurance and security required by this Ordinance.
(2) The insurance and security provided by the transferor shall be released if a copy of the written
transfer is provided to the city. The transfer shall not relieve the transferor from any liability to the
city arising out of any activities conducted prior to the transfer.
40
(K) On-Site Operation Requirements
(1) No drill site shall be permitted within 600 feet of the boundary of any preliminary or final platted
residential subdivision, and no drill site shall be permitted within the greater of:
(a) Three hundred feet of the boundary line of any abutting property with a residential structure,
public building, hospital, institution, school, day care center or commercial building; or
(b) Six hundred feet from any residential structure, public building, hospital, institution, school, day
care center or commercial building. Notwithstanding any provisions of this subsection (1) to the
contrary, a drill site shall be permitted as close as 300 feet to any boundary line if all affected
property owners agree in writing.
(2) No drill site or operation site shall be located within 200 feet of a railroad right-of-way.
(3) Erosion control shall comply with the stormwater pollution prevention plan approved by the city
engineering department.
(4) A drill site or operation site may only be allowed in a floodplain with the approval of the city or,
where applicable, the U.S. Army Corps of Engineers.
(5) There shall be a locked entrance gate to the drill site and operation site.
(6) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four-inch
lettering shall be posted at the entrance of each drill site and operation site. The sign shall also
include the phone number for emergency services (9-1-1), the name and phone number for the
operator, and the well designation required by the railroad commission in two-inch lettering. The
information on the sign shall be in English and Spanish. The sign shall be reflective.
(7) All facilities used for parking, loading, unloading, driveways and all other vehicular access shall be
constructed of concrete, asphalt or an alternative equivalent strength surface which complies with all
fire code standards, provided that the drive approach from the street be constructed of concrete. The
surface for such facilities and drive approach must always be maintained in good condition and
repair.
(8) A temporary six-foot chainlink or approved alternative fence with a minimum height of six feet shall
be required around a drill site, and any gate to the site shall be locked when no operations personnel
are present.
(9) The equipment or facilities on an operation site must be enclosed, individually or collectively, by
eight-foot-high screening. Low-profile equipment or facilities must be used on the operation site and
must not exceed the height of the screening. Any gates in the screening enclosure shall remain locked
at all times when no operations personnel are present. The operator must provide the city fire
marshal with a Knox box with a key to access the operation site in case of an emergency. The
screening shall be constructed of the following materials:
(a) Brick, stone or split-face concrete masonry unit;
(b) Precast concrete wall or pour-in-place concrete wall with a similar appearance as brick, stone or
split-face concrete masonry unit;
(c) Earthen berm, appropriately landscaped; or
(d) A combination of landscaped earthen berm and one of the construction materials listed above.
(10) No refining process, or any process for the extraction of products from gas, shall be carried on at a
drill site or operation site, except that a dehydrator and separator may be maintained for the
41
separation of liquids from gas. Any such dehydrator or separator may serve more than one well. All
production equipment on an operation site shall be maintained at all times.
(11) No person shall place, deposit or discharge or cause or permit to be placed, deposited or discharged
any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse, wastewater, brine or
hazardous substance from any gas operation or the contents of any container used in connection
with any gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary
drain or sewer, any body of water, or any private property.
(12) Electric lines to the drill site or operation site shall be located underground.
(13) All fire suppression and prevention equipment required by any applicable federal, state or local law
shall be provided by the operator, at the operator's cost, and the maintenance and upkeep of such
equipment shall be the responsibility of the operator.
(14) No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, gas or
petroleum liquids on, under, or through the streets, alleys or other properties owned by the city
without an easement or right-of-way license from the city, at a price to be agreed upon, and then
only in strict compliance with this Ordinance, other city ordinances, and the specifications established
by the department of public works.
(15) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public
street or leaving upon any public street any earth or other material or obstruction, is prohibited
unless the operator has first obtained written permission from the city, and then only in compliance
with specifications established by the city.
(16) No gas well permit shall be issued for any well to be drilled within any of the public street or alley
rights-of-way of the city and/or future streets shown on the master thoroughfare plan. No street shall
be blocked or encumbered or closed due to any exploration, drilling, or production activities unless
prior consent is obtained from the city, and then only temporarily.
(L) Operations and Equipment Practices and Standards
(1) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes,
dust, noise and vibration.
(2) No person shall permit any lights located on any drill site or operation site to be directed in such a
manner so that they shine directly on public streets, adjacent property or property in the general
vicinity of the drill site or operation site. Site lighting shall be shielded and directed downward and
internally so as to avoid glare on public streets and buildings within 300 feet.
(3) The operator shall at all times comply with the rules and regulations of the railroad commission
including but not limited to all applicable field rules.
(4) Noise levels must not exceed 80 decibels at any point 300 feet from the drill site. All internal
combustion engines used on a drill site must be equipped with mufflers that will reduce noise to no
more than the maximum decibel level set forth herein. If noise levels at a distance of 300 feet from a
drill site exceed 80 decibels, a sound reduction enclosure shall be required around a drilling rig and
any internal combustion engines. The noise level during fracturing operations must not exceed the
maximum decibel levels set forth herein.
(5) Noise levels must not exceed 60 decibels beyond the boundaries of an operation site as defined in
the special use permit and associated site plan. All internal combustion engines used on an operation
42
site must be equipped with mufflers that will reduce noise to no more than the maximum decibel
level set forth herein.
(6) An operator is allowed to construct, use and operate such storage equipment and separation
equipment as shown on the applicable special use permit and associated site plan and gas well
permit. The use of centralized tank batteries is permitted only as shown on the applicable special use
permit and associated site plan and gas well permit.
(7) In parallel to a gas gathering pipeline, a flow back line may be installed to handle water and gas flow
back following well fracture treatment.
(8) Vehicles, equipment and machinery shall not be placed or located on a drill site or operation site or
on any public street, alley, driveway or other public right-of-way, in such a way as to constitute a fire
hazard or to unreasonably obstruct or interfere with fighting or controlling fires.
(9) Except in the case of an emergency, well servicing operations and any deliveries to the site shall be
scheduled to occur between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00
a.m. to 6:00 p.m., Saturday and Sunday, only. The time limits set forth herein do not apply during the
well drilling and fracturing process.
(10) Air, gas or pneumatic drilling shall not be permitted.
(11) The operator shall immediately notify the city of any substantial accumulations of dirt, dust, mud or
other debris deposited on city thoroughfares by vehicles involved in the well drilling or servicing or
pipeline installation process. If for safety or other reasons, the city elects to perform the removal, the
cost of such removal shall be paid by the operator.
(12) Within 60 days of the completion of the well or within 60 days of reworking a well, the area around
the well shall be cleaned up and cleared of all material and equipment, holes or excavations filled,
and the land graded and returned to its original condition including replanting of vegetation to match
the surrounding area.
(M) Flow Lines and Gathering Lines
(1) An operator shall place an identifying sign, in English and Spanish, at each point where the operator
has constructed or caused to be constructed a flow line or gathering line across a public street or
road.
(2) An operator shall place a warning sign, in English and Spanish, for lines carrying hydrogen sulfide
(H2S) gas as required by the railroad commission.
(3) All flow lines and gathering lines within the city (excluding city utility lines and franchise distribution
systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at least the minimum
cover or backfill specified by the American National Safety Institute Code, as amended.
(4) Easements must be acquired for all flow lines, gathering lines and flow back lines. The location of
easements shall be shown in a pipeline easement map.
(5) Structures shall not be built over flow lines or gathering pipelines.
(6) All pipelines shall be located underground. The location of all pipelines must be marked with warning
signs in accordance with industry standards. Within the City of Richland Hills, the distance between
such signs shall not exceed 500 feet. In addition, during backfill of pipeline excavations, "buried
pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators of the
presence of buried pipeline.
43
(N) Additional Safety and Environmental Requirements
(1) The drilling and production of gas and accessing the drill site or operation site shall be in compliance
with all state and federal environmental regulations and shall not occur within environmentally
sensitive areas.
(2) Gas wells may have a target location or bottom-hole location that is under an environmentally
sensitive area when the gas well is drilled directionally from a location outside the environmentally
sensitive area.
(3) Each producing well shall be equipped with an automated valve that closes the well in the event of an
abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to
the well distribution line.
(4) Each storage tank shall be equipped with a level control device that will automatically activate a valve
to close the well or automatically call the operator's response personnel to manually close the well in
the event of excess liquid accumulation in the tank.
(5) Storage tank facilities shall be equipped with a secondary containment system including lining with an
impervious material. The secondary containment system shall be of a sufficient height to contain 1½
times the contents of the largest tank, and the impervious liner shall be covered with at least one
foot of sand. Drip pots shall be provided at pump out connections to contain the liquids from the
storage tank.
(6) Tank battery facilities shall be equipped with a remote foam line utilizing a 2½-inch National Standard
Hose Thread female inlet connection in locations approved by the fire department. A lightning
arrestor system shall be installed according to the most current edition of the National Electrical
Code.
(7) An approved hazardous materials management plan shall be on file with the fire department. The
costs of cleanup operations due to hazards associated with a well site shall be the responsibility of
the operator.
(8) No saltwater disposal wells shall be located within the city.
(9) All pits must have an impervious lining.
(10) The following inspections shall be required:
(a) Surface casing: An operator must set and cement sufficient surface casing to protect all usablequality water strata, as defined by state law. The operator shall notify the gas well inspector in
writing at least 72 hours prior to setting and cementing surface casing. In addition, the following
shall be required:
44
1.
Centralizers must be used at an interval of one centralizer per 100 feet, or ten centralizers
per 1,000 feet.
2.
New surface casing is required.
3.
Proper floating equipment shall be used.
4.
Class "H" or class "C" cement with accelerators shall be used.
5.
The operator shall circulate cement to surface; if not, the operator shall cement with oneinch tubing and top off.
6.
The operator shall wait on cement a minimum of eight to 12 hours prior to commencing
further drilling operations.
7.
The operator shall test the blowout preventer before drilling out of surface casing to 1,000
psi.
(b) Completion: The operator shall notify the gas well inspector in writing at least 72 hours prior to
starting completion procedures such as fracturing and perforating. The well must be equipped
with a blowout preventer before this operation is commenced. If a bridge plug is set over a
producing formation prior to additional completion, it must be pressure-tested to a sufficient
pressure to ensure that it is not leaking.
(c) Pipeline: The operator shall notify the gas well inspector in writing at least 72 hours prior to the
first sale.
(d) Final inspection: After the site has been cleaned up and screened, the operator shall notify the
gas well inspector for a final inspection. Prior to the final inspection, the operator must provide
the city with geographic coordinates of the well bore, using the North American Datum 1983
(NAD 83), Texas State Plane - North Central Zone (4202), in United States feet.
(11) The gas well inspector shall conduct periodic inspections at least once a year of all permitted wells in
the city to determine that the wells are operating in accordance with the requirements of this
Ordinance and all regulations of the railroad commission. The operator shall pay to the city an annual
inspection fee in the amount established in the fee schedule attached to the City Code as appendix A.
If a violation of the applicable special use permit and associated site plan or the gas well permit is
found during an annual inspection, the gas well inspector shall conduct a reinspection to determine
whether such violation has been remedied, and the operator shall pay a reinspection fee in the
amount established in the fee schedule attached to the City Code as appendix A.
(12) If a gas field in the city is identified as a hydrogen sulfide (H2S) gas field, the operator shall
immediately cease operation.
(O) Supplemental Drilling
(1) Supplemental drilling to deepen or directional drill a well that has not been abandoned shall be
conducted in accordance with the conditions of the applicable special use permit and associated site
plan and the gas well permit for the well.
(2) The operator shall provide the city with a copy of additional railroad commission permits that allow
drilling to a deeper depth.
(P) Reworking of Well; Notice
Any operator who intends to rework a well using a drilling right, to fracture stimulate a well after initial
completion, or to conduct seismic exploration involving explosive charges shall give written notice to the
city at least 20 days before the activities begin. The notice shall identify where the activities will be
conducted and shall describe the activities in reasonable detail, including, but not limited to, the duration
of the activities and the time of day they will be conducted. The notice must also provide the address and
24-hour phone number of the person conducting the activities. The person conducting the activities shall
post a sign, in English and Spanish, on the property giving the public notice of the activities, including the
name, address and 24-hour phone number of the person conducting the activities. No well shall be
reworked without the written approval of the gas well inspector. If the gas well inspector determines that
an inspection is necessary, the operator must pay a reworking inspection fee in the amount established in
45
the fee schedule attached to the City Code as appendix A, which fee shall be paid prior to the inspector
giving consent for such rework to proceed.
(Q) Abandonment of Wells and Pipelines
(1) Upon abandonment of a well or well site, within 60 days, the well shall be plugged in accordance with
railroad commission standards, the site shall be cleaned and cleared of all material and equipment,
holes or excavations filled, and the land graded and returned to its original condition including
replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a
depth of at least ten feet below the surface.
(2) No structures shall be built within ten feet of an abandoned well.
(3) Upon abandonment of a pipeline, within 60 days of abandonment, a pipeline must be purged and
plugged in accordance with the rules and regulations of the State of Texas in effect at that time.
(R) Remedies of the City
(1) If an operator or his officers, employees, agents, contractors, subcontractors or representatives fails
to comply with the conditions of the applicable special use permit and associated site plan or any
requirement of a gas well permit (including any requirement incorporated by reference as part of the
permit), or any applicable provisions of this Ordinance or any other city ordinances, the city may give
written notice to the operator specifying the nature of the alleged failure and providing the operator
a specified time to cure, taking into consideration the nature and extent of the alleged failure, the
extent of the efforts required to cure, and the potential impact on the health, safety and welfare of
the community. Notwithstanding the foregoing, if circumstances warrant proceeding without notice,
no notice shall be required. In any case, failure to give such notice shall not prohibit the city from
pursuing any available remedy.
(2) If the operator does not cure the alleged failure within the time specified by the city, the city may
notify the railroad commission to request appropriate action. In addition, the city may pursue all
other remedies allowed by law, including, but not limited to the following:
(a) The city manager may suspend the gas well permit until the alleged failure is cured; and
(b) The city manager may revoke the gas well permit if the operator fails to initiate and diligently
pursue a cure; and
(c) The city manager may seek recourse against the security delivered pursuant to this Ordinance.
(3) The operator may appeal a decision to suspend or revoke the gas well permit to the city council.
(S) Enforcement, Right of Entry
City staff and the gas well inspector are authorized and directed to enforce this Ordinance and the
provisions of any gas well permit. Whenever necessary to enforce any provision of this Ordinance or a gas
well permit, or whenever there is reasonable cause to believe there has been a violation of this Ordinance
or a gas well permit, city staff and/or the gas well inspector may enter upon any property covered by this
Ordinance or a gas well permit at any reasonable time to inspect or perform any duty or requirement
imposed by this Ordinance. If entry is refused, the city shall have recourse to every remedy provided by
law and equity to gain entry.
(T) Penalty
(1) It shall be unlawful and an offense for any person to do the following:
46
(a) Engage in any activity not permitted by the terms of an oil and gas well permit issued under this
Ordinance;
(b) Fail to comply with any conditions set forth in an oil and gas well permit issued under this
Ordinance; or
(c) Violate any provision or requirement set forth under this Ordinance.
(2) Any violation of this Ordinance shall be punished by a fine of not more than $2,000.00 per day. Each
day a violation occurs constitutes a separate violation.
47
Sexually Oriented Businesses Ordinance
(A) Business Regulations
(1) The purpose of this section is to promote the health, safety, morals and general welfare of the
citizens by establishing reasonable and uniform regulations pertaining to sexually oriented businesses
so as to prevent the concentration of such businesses within the city.
(2) Businesses fitting the definition of "sexually oriented business" as defined by this chapter, or as
defined in other portions of this Code, shall comply with the following locational requirements:
(3) No person shall operate or cause to be operated a sexually oriented business within 500 feet of a
church, public or private elementary or secondary school, public park, public library, residential use,
property zoned for residential use, or another sexually oriented business.
(a) No person shall establish, operate or cause to be operated, a sexually oriented business in any
building, structure or portion thereof containing another sexually oriented business.
(b) The distance between a sexually oriented business and any adjacent structures other than
another sexually oriented business shall be measured in a straight line without regard to
intervening structures or objects, from the nearest portion of the building or structure used as a
tenant space occupied for a sexually oriented business to the nearest property line of the
premises of a church, public or private elementary or secondary school, public park, public library
or residential use.
(c) The distance between any two sexually oriented businesses shall be measured in a straight line,
without regard to intervening structures or objects, from the closest exterior wall of the
structure in which each business is located, or from the wall of the tenant space occupied, as
applicable.
(4) No person may operate or cause to be operated a sexually oriented business without first meeting
the licensing requirements prescribed in Chapter 18 Businesses of the City’s Code of Ordinances.
48
Section 9. Heading 1
Subsection 9.01.
Heading 2
Heading 2 text
9.01.01.
Heading 3
Heading 3 text
(A) Heading 4
Heading 4 text
(1) Heading 5
Heading 5 text
(a) Heading 6
Heading 6 text
1.
Heading 7
Heading 7 text
(i) Heading 8
Heading 8 text
Heading 9
Heading 9 text
Heading 10 Title
49

zoning ordinance - City of Richland Hills, TX

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