HomeMy WebLinkAboutOrdinance 2427
ORDINANCE NO. 2427
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING
REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS
AMENDED, TO AMEND ARTICLE 6, SUPPLEMENTARY DISTRICT
REGULATIONS AND ARTICLE 11, DEFINITIONS RELATIVE TO
MINIMUM MASONRY REQUIREMENTS FOR RESIDENTIAL AND NON-
RESIDENTIAL, MINIMUM PITCH RATIO FOR RESIDENTIAL
PURPOSES, TEMPORARY USES, OUTSIDE STORAGE AREAS,
CARPORT & DETACHED GARAGE REGULATIONS FOR R-7-MF,
ADDITIONAL REQUIREMENTS FOR ACCESSORY BUILDINGS IN THE
AGRICULTURAL AND R-1-S SPECIAL RESIDENTIAL ZONING
DISTRICT, SWIMMING POOLS AND RENUMBERING CUSTOMARY
HOME OCCUPATIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning & Zoning Commission has determined the need to amend
Article 6, Supplementary District Regulations and Article 11, Definitions in the Zoning
Ordinance; and
WHEREAS, after appropriate notice and public hearing, the Planning & Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by changing
said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, in Case Number PZ 99-29 (City of North Richland Hills), ARTICLE
6 SUPPLEMENTARY DISTRICT REGULATIONS and ARTICLE 11,
,
DEFINITIONS be amended as shown in Exhibit "A" and Exhibit "B": to
add, delete, or alter minimum masonry requirements for residential and
non-residential, minimum pitch ratio for residential purposes, temporary
uses, outside storage areas, carport & detached garage regulations for R-
7-MF, additional requirements for accessory buildings in the agricultural
and R-1-S special residential zoning district, swimming pools and
renumbering customary home occupations.
Ordinance No. 2427
Page 1 of 21
2.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF
OC~R 1999. ,.... .....,
.'" r "" ........
. . ·~t ú:/ þ!;<A~Lt~þ'
Ch/»,:p~ni~e .iSSion
Secretary, Planning and Z· g Commission
PASSED AND APPROVED BY THE
NOVEMBER 1999.
CITY COUNCIL THIS 22nd DAY OF
~ iLtt C§?~
Mayor Charles Soma
City of North F)' hland Hills, Texas
ATTEST:
(!?élÞÚet~ ~
City Secretary
City of North Richland Hills, Texas
Ordinance No. 2427
Page 2 of 21
AP~~. ED ~ CO~TENT:
/, !JjJIL'-!VJ, J.~I
f,la ning DirrctoF
, I
APPROVED AS TO FOR,'y¡ AND
." ~
I ,~ (.
!tíM 1 .
Attorney for the qty
Ordinance No. 2427
Page 3 of 21
Exhibit "A"
ARTICLE 6
SUPPLEMENTARY DISTRICT REGULATIONS
Section 600. MASONRY REQUIREMENT FOR RESIDENTIAL BUILDINGS
A. Required Masonry Percentage The minimum required percentage of
masonry on the exterior wall surface of all residential primary structures, as
viewed from each elevation, shall be in accordance with the schedule
contained in Table 6-1.
EXEMPTION: An exemption to the masonry requirement shall apply to
existing residential structures, including all permanent structures, which do
not meet the masonry requirement. Any enlargement of an existing
residential structure, including all permanent structures, shall provide an
amount of masonry which matches the adjacent surfaces of the existing
structure.
Table 6-1
Minimum Required Masonry Percentage
Residential Districts
Zoning Districts
Structure Type IJ..
C) (j) 0 f- :2
...... ...... C'\I C") "<t CD 00 ...... 0
« 0:: 0:: 0:: 0:: 0:: 0:: 0:: 0:: Il.
Primary Structures 75% 75% 75% 75% 75% 75% 75% 75% ê5!'k f4t
100% 75%
Accessory Bldgs. NA NA NA NA NA NA NA NA NA NA
(under 200 s.f.)
Accessory Bldgs. NA 75% 75% 75% 75% 75% 75% 75% 75% 75%
(200 s.f. or more
(1) As osbblichod by tho :!pprovod sito pl:!n.
B. Masonry Calculation New masonry construction shall consist of any
combination of brick or stone, or if approved by the City Council, other
equivalent in appearance masonry materials. For the purpose of this
requirement, the exterior wall surface shall be defined as the area between
the exposed exterior wall surface between the top of the foundation and
the plate of the first floor, as viewed from a ninety degree (90°)
perpendicular point facing the wall wall cornors extonding from tho
top of tho foundation up to tho door or window hoador hoight of tho
Ordinance No. 2427
Page 4 of 21
Exhibit "AI!
first floor, whichever is groator. The area of door and window openings
shall not be included in the calculation of this requirement.
1. When constructing additions to existing structures. materials other
than those specified in the Masonry definition may be used after
approved bv City Council. Materials shall be consistent with that of
the existinQ structure.
2. Materials other than those specified in the Masonry definition for
new construction may be used only after the issuance of a Special
Use Provision (refer to Article 5. Section 500).
EXCEPTION The percentage of masonry shall be applicable to the entire
exterior surface for all elevations of primary structures constructed in the R-
7-MF District, excluding door and window openings.
C. Residential Tilt Wall Construction Masonry tilt wall residential homes shall
be allowed only in Single Family Residential Planned-Development Districts.
Planned Development Districts construction of tilt wall residences shall be
considered only in areas where at least ten contiguous lots are so zoned.
For the purposes of this section, any public street, alley or thoroughfare shall
not prevent the lots from being considered contiguous. The application for
Planned Development, provided by this section, shall include a specific plan
for each structure including its position on the lot and the size of each
proposed structure. No structure less than 1,400 square feet shall be
considered. The application shall be processed as all other zoning or
rezoning applications. In processing building permits and inspections in the
above PO zone, the Building Official shall require soil tests showing that soil
conditions are suitable for this type of tilt wall construction. The suitability,
after soil testing, shall be certified by a I1ogisterod Licensed Professional
Engineer as to each lot. The Building Official shall require concrete tests be
made for each house using three cylinders for each 25 yards of concrete.
Before the final inspection, a statement from a rtegisterod Licensed
Professional Engineer shall be submitted to the City stating that the structure
has been constructed in accordance with the plans and specifications. The
exterior of the home shall have a stucco finish and the roof shall be concrete
tile or roof with similar weight. The entire exterior surface of the home shall
be sealed with a silicone waterproof sealer or synthetic equal to the silicone,
and applied per the manufacturer's recommendations.
D. Unusual Construction Other types of residential construction including
but not limited to Qeodesic domes. log homes. A-frame construction.
may be allowed only after issuance of a Special Use Provision (refer to
Article 5. Section 500).
Ordinance No. 2427
Page 5 of 21
Exhibit "A"
Section 605. MASONRY REQUIREMENT FOR NON-RESIDENTIAL BUILDINGS
A. Required Masonry Percentage: The minimum required percentage of
masonry on the exterior wall surface of all non-residential structures, as
viewed from each elevation, shall be in accordance with the schedule
contained in Table 6-2.
EXEMPTION: An exemption to the masonry requirement shall apply to
temporary classrooms situated on public school property.
Table 6-2
Minimum Required Masonry Percentage
Non-Residential Districts
Zoning Districts
Structure Type
..-
o
e:::
...J
..-
ü
N
Ü
ü
o
~
~
::>
o
Il.
Primary Structures 1i9k 1i9k 1i9k 1i9k 1i9k 1i9k 1i9k 1i9k {4i
100% 100% 100% 100% 100% 100% 100% 100% 100%
Accessory Bldgs. 1i9k 1i9k 7i9k +ë!V". 7i9k +ë!V". +ë!V". 1i9k (4i
100% 100% 100% 100% 100% ~ 100% 100% 100%
(1) As 06tablishod by the approvod site pkm.
B. Masonry Calculation Masonry construction shall consist of any
combination of brick, tile, stone, concrete block, or precast or reinforced
concrete materials. This requirement shall apply to all wall sections on all
floors above the finish floor level of the foundation.
Note: The area of door and window openings shall not be included in the
calculation of this requirement.
C. M:1conry neduction with Site (1bn ^pprov:11 A reduction in tho
poroont:::lgc of m:::1Eionry for :::l prim:::lry ctructurc :::lC required by T:::lblc 6 2 may
bc allowed upon :::lpprov:::l1 from tho City Council of :::l citc pbn and elevation
dr:::lwingc ac prcÐCribed in Articlc 5, Section 510, "Sitc Plan Approved
Rogul:::ltions" .
C. Materials other than those specified in the Masonry definition for new
construction may be used only after the issuance of a Special Use
Provision (refer to Article 5. Section 500).
Ordinance No. 2427
Page 6 of 21
Exhibit "A"
Section 606. ARCHITECTURAL REQUIREMENTS
A. Façade Offset Requirement All visible facades (i.e., front building face,
and side building facades along the street sides of corner lots) of all
buildings having 10,000 square feet or more in the R-7-MF District and
all non-residential districts excluding 1-1 and 1-2, Industrial Districts
shall be varied and articulated in such a way that no more than fifty
percent (50%) of each façade(s) is a flat or unbroken plane suñace. At
least fifty percent (50%) of the elevational sQuare footage of each
applicable façade must be either projectinQ outward, or recessed
inward, from the mean (i.e., average) plane suñace at least ten (10) feet
or more. In addition, no portion of the facade(s) shall exceed fifty (50)
linear feet (as measure in plan view) of flat or unbroken plane suñace
without inward recess (es) or outward projections(s) of ten (10) feet or
more.
B. Any structure constructed for the purpose of residential use must have
a roof with a pitch ratio of at least four vertical to twelve horizontal
(4:12).
Section 610. ALCOHOLIC BEVERAGE REGULATIONS
Editor's Note: The following information is provided for those establishments
engaging in the sale of alcoholic beverages for on premise consumption or the sale
of beer for off premise consumption.
A. The sale of on-premise alcoholic beverages is lawful only where prepared
food is served and accounts for at least 60 percent of the gross sales for said
establishment. (See Ordinance 1924)
B. A city permit is required for the sale of any type of alcoholic beverage for on
premise consumption or for the sale of beer having alcohol content for off
premise consumption. Such permit is issued by the City Secretary to eligible
applicants. (See Ordinance 1961)
C. Establishments engaged in the sale of alcoholic beverages for on premise
consumption must submit to the City Secretary sworn copies of all state
sales tax returns and state alcoholic beverage tax returns filed by the
establishment. Such records must be submitted prior to January 15 of each
year, and must cover the most recent calendar year. (See Ordinance 1968)
Section 615. HEIGHT LIMITATION EXCEPTIONS
The height regulations contained in the District Regulations shall not apply to spires,
belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other
Ordinance No. 2427
Page 7 of 21
Exhibit "A"
appurtenances usually required to be placed above the roof level and not intended
for human occupancy.
Section 620. AUTO SHADE COVERS Ord.2247, 08/12/97
A. For purposes of these regulations the following two (2) types of auto shade
covers are regulated:
1. Permanent: A structure, permanently attached to the ground, with a rigid
framework which supports a flexible membrane canopy that covers an
area of 500 square feet, or more. The purpose of an auto shade cover
is to provide shade and I or protection from hail over an area where
automobiles, trucks, recreational vehicles, boats, and similar vehicles
are displayed for commercial purposes.
2. Temporary: A structure, that is easily moveable, which supports a
flexible membrane canopy that covers an area less than 500 square
feet. The purpose of an auto shade cover is to provide shade and I or
protection from hail over an area where automobiles, trucks, recreational
vehicles, boats, and similar vehicles are displayed for commercial
purposes.
B. An auto shade cover may be constructed within a required front, side or rear
yard where vehicles are displayed for commercial purposes, provided said
auto cover complies with the regulations contained in this section.
C. No advertising sign or logo shall be allowed on the shade cover canopy or
shade cover structure.
D. No rigid metal, plastic or wooden canopy material shall be allowed for any
shade cover canopy constructed under this section.
E. The placement of an auto shade cover shall not obstruct emergency access.
F. Shade cover structures shall not be enclosed.
G. Building permits shall be required for all permanent shade covers.
H. All shade covers shall be a solid subdued color.
I. All shade covers shall be maintained in like new condition, not faded or torn.
Unsightly shade covers shall be removed.
Section 622. VISIBILITY SIGHT TRIANGLES
No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be
erected, planted or maintained in such a manner so as to obstruct or interfere with a
Ordinance No. 2427
Page 8 of 21
Exhibit "A"
clear line of sight for the drivers of approaching motor vehicles within a visibility sight
triangle. Within this triangle, vision shall be clear at elevations between thirty inches
and nine feet above the average curb grade. However, this regulation shall not
apply to utility poles or traffic control devices unless such utility poles or traffic
control devices are determined by the Public Works Director to create a hazardous
condition. (See Appendix I, Figure 1-10)
A. On corner lots where two residential streets intersect or where a residential
street intersects with a C-2-U Collector Street, or larger, the triangular area
shall be formed by the greater of either, Q) extending the two curb lines from
an imaginary point of intersection a distance of thirty feet and connecting
these points with an imaginary line, thereby making a triangle, or CV
extending the property lines, from their point of intersection, a distance of ten
feet and connecting these points with an imaginary line, thereby making a
triangle.
B. On corner lots where two C-2-U Collector streets intersect, or where a C-2-U
Collector street intersects with a C-4-U Collector street, or larger, the
triangular area shall be formed by the greater of either, Q) extending the two
curb lines from an imaginary point of intersection a distance of thirty-five feet
and connecting these points with an imaginary line, thereby making a
triangle, or CV extending the property lines, from their point of intersection, a
distance of fifteen feet and connecting these points with an imaginary line,
thereby making a triangle.
C. On corner lots where two C-4-U Collector streets, or larger, intersect, the
triangular area shall be formed by the greater of either, Q) extending the two
curb lines from an imaginary point of intersection a distance of forty feet and
connecting these points with an imaginary line, thereby making a triangle, or
CV extending the property lines, from their point of intersection, a distance of
twenty feet and connecting these points with an imaginary line, thereby
making a triangle.
D. In cases where streets do not intersect at approximately right angles, the
Public Works Director shall have the authority to vary these requirements as
deemed necessary to provide safety for both vehicular and pedestrian traffic;
however, sight distance shall not be required in excess of 275 feet.
Section 625. TEMPORARY USES AND BUILDINGS
A. Temporary Buildings Nothing herein shall prohibit the placement of
temporary portable buildings providing office space, sanitary facilities or
storage of supplies or materials, or the erection of security fences on the site
and during the period of any construction project upon application for and
receipt from the City Enforcement Officer of a permit. However, no
Ordinance No. 2427
Page 9 of 21
Exhibit "A"
manufacturing operation shall be conducted within a temporary or portable
building when the product of such operation is to be transported off the site
for use in construction at another location.
B. Temporary Uses Temporary outside display and outdoor sales, on
properties zoned LR, C-1, C-2, OC, 1-1, 1-2 and U, by the existing occupants
of cxi&ting businesses of such properties, may be permitted by the City
Enforcement Officer for a period not to excood thirty days, upon the
application and granting of a temporary use permit.
1. In no event shall such temporary uses be allowed for more than thirty
consecutive days or more than once per year unless otherwise
provided. All sales shall meet the special conditions, if any, imposed by
the City Enforcement Officer and/or Fire Marshal for the protection of
public interest and the welfare of the community.
2. No tent or similar structure shall be erected in any required setbacks or
designated easements. Tents shall conform to the Uniform Fire Code
and no tent shall be erected without first obtaining a permit. No outside
use of property, for sales, will be allowed except by the existing
occupants of the property. This includes parking of vehicles for a
purpose other than conducting business on the premises.
3. The temporary outside display and outdoor sale of Christmas trees,
pumpkins or other seasonal holiday items may be permitted on those
properties zoned LR, C-1, C-2, 1-1, 1-2 and U, for a period of forty days
prior to the specific holiday. The City Enforcement Officer may issue a
temporary use permit for such sale, when it is found that there is
available adequate off-street parking area, either improved or
unimproved, as determined by the Enforcement Officer; and that the
location and layout of drives, parking areas, lighting, and sale signs will
not constitute a hazard to public travel on the abutting public streets.
Trees, stands, equipment, trash, signs, lighting and shelters shall be
removed by the permit holder no later than cktnoory 4tR_ ten (i0) days
following the Christmas specific holiday.
4. Carnivals, circuses and special fund raising events sponsored by a
public entity, civic or non-profit organization located within the City may
be allowed as a temporary use for a period not exceeding three
consecutive days. Except for churches and public or semi-public school
sponsored events on their property, such events shall be on a site
containing not less than two acres in a non-residential zoning district.
Except for public or semi-public schools, only one permit for a carnival,
circus or special fund raising event shall be issued to the same civic or
non-profit organization within a 180-day period. Adequate parking and
sanitary facilities shall be made available to the satisfaction of the
Ordinance No. 2427
Page 10 of21
Exhibit "A"
Building Official. No carnival or special event shall begin operation
before 8:00 A.M. and operation shall cease before 11 :00 P.M. on all
nights except on Saturdays when the event shall cease operation at mid-
night. The Building Official shall establish the terms and conditions for
the temporary use at the time of approval. In the event that a sponsor is
dissatisfied with the Building Official's decision, the sponsor may appeal
the requested use to the Planning and Zoning Commission.
5. The outside display and outdoor retail sale of seasonal items may
be permitted on those properties zoned C-1, C-2, 1-1, and 1-2. Such
area shall be permitted to cover an amount of space eQuivalent to
ten percent (10%) of the principal structure, UP to and not to exceed
2,500 square feet of space. Additionally, no items shall be stacked
higher than seven (7) feet in height. The City Enforcement Officer
may issue an approval for such outside display and outdoor sale
when it is found that there is available adequate paved off-street
parking area, as determined by the Enforcement Officer: and that
the location and layout of drives, parking areas, lighting, and sale
signs will not constitute a hazard to public travel on the abutting
public streets. Outside display and outdoor retail sale exceeding
2,500 square feet requires a Special Use Provision approved by
City Council (See Article 5).
Section 626. OUTDOOR STORAGE REGULATIONS
A. Allowed Outdoor Storage Outdoor storage areas are allowed for the
purpose of storing goods for a non-residential enterprise, on properties
zoned C-1, C-2, OC, 1-1, and 1-2, by the occupants of businesses of such
properties in accordance with all of Section 626, Outdoor Storage
Regulations.
1. All outdoor storage areas shall meet each required district setback
lines. Adequate screening has been provided in accordance with
Article 10, Screening and Fencing Regulations.
B. Permitted Amount Of Outdoor Storage Area The location of outdoor
storage areas shall be limited to the side or rear of the primary
structure to which the facility(s) belong. Outdoor storage shall be
prohibited on the roofs of structures. The outside storage area shall
not exceed ten percent (10%) of the total lot area. The outside storage
area shall not encroach upon the required off street parking and
maneuverinQ areas of the lot.
C. Special Use Provision For Outdoor Storage Area The location of
outdoor storage areas shall be limited to the side or rear of the primary
Ordinance No. 2427
Page 11 of 21
Exhibit "A"
structure to which the facility(s) belong. A Special Use Provision (refer
to Article 5) authorized by City Council may allow the outside storage
area to exceed ten percent (10%) of the total lot area not to exceed a
maximum of twenty percent (20%) of the total lot area. The outside
storage area shall not encroach upon the required off street parking
and maneuvering areas of the lot. The stacking height of any items is
limited to one (1) foot below the required screening wall panel height.
Section 630. ACCESSORY BUILDINGS AND STUCTURES Ord.2367, 02122199
A. Primary Structure Required - An accessory building or structure shall only
be allowed where a primary building exists, except on land zoned AG -
Agricultural.
B. Temporary Accessory Buildings and Structures - A temporary accessory
building or structure shall be constructed in such a manner that it shall be
portable, easily transportable, and capable of being moved without
disassembly or damage and shall comply with the following:
1. Property Location Criteria: A temporary accessory building or structure
may be placed on an adjacent lot or tract, provided that the two
properties are contiguous, fenced as one lot, and under common
ownership.
2. Applicable Zoning Districts: Temporary accessory buildings and
structures shall be allowed in any residential district, or the Agricultural
District.
3. Front Building Line: A temporary accessory building or structure shall
not be located in the front yard.
4. Side Building Line:
a. Interior Lots: 3 feet
b. Corner Lots:
(1) 3 feet on the interior side
(2) Same as the primary building for the side yard adjacent to the
street
Exception: The temporary building may be within five (5)
feet of the property line when it is located behind a solid
fence that is a minimum of six (6) feet in height.
5. Rear Building Line: 3 feet and may encroach a utility easement, but not
a drainage easement
6. Maximum Height: 12 feet
Ordinance No. 2427
Page 12 of21
Exhibit "A"
7. Maximum Total Floor Area: 200 square feet
8. Maximum Number Allowed: Two with minimum 3 foot separation
9. Effect on Rear Yard Open Space: Temporary accessory buildings or
structures shall have no effect in calculating the Rear Yard Open Space
requirement.
10. Use: A temporary accessory building shall not be used for business or
dwelling purposes.
11. Masonry Requirement: None
D. Permanent Accessory Building and Structures - Permanent accessory
buildings and structures, except carports or garages, which are constructed
as an integral part of a concrete slab, concrete beam or with concrete piers,
shall comply with the following requirements:
1. Property Location Criteria: A permanent accessory building or structure
shall be located on the same tract or lot as the primary building.
2. Applicable Zoning Districts: Permanent accessory buildings and
structures shall be allowed in any zoning district.
3. Front BuildinQ Line: A permanent accessory building or structure shall
not be located in the front yard.
4. Side Building Line: Side yard setback shall be the same as for the
primary building structure.
Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard
setback shall be as follows:
a. Interior Lots: 6 feet
b. Corner Lots:
(1) 6 feet on the interior side
(2) Same as the primary building for the side yard adjacent to the
street
5. Rear Building Line: 10 foot Rear yard setback the same as for the
primary structure.
6. Maximum Hei~ht: 15 feet.
7. Maximum Total Floor Area: 500 square feet
8. Maximum Number Allowed: One
Ordinance No. 2427
Page 13 of21
Exhibit "A"
9. Effect on Rear Yard Open Space: Permanent accessory buildings and
structures shall have no effect in calculating the Rear Yard Open Space
requirement.
10. Use: An accessory building shall not be used for business or dwelling
purposes in any residential zoning district
11. Easements: A permanent accessory building or structure shall not be
located within a utility, access, or drainage easement.
12. Design Criteria:
a. Pitch of the Roof: The pitch of the roof shall be the same as the
primary structure.
b. Masonry Requirement: The structure shall conform to the masonry
requirement of the zoning district.
E. Carport Regulations - A carport shall comply with the following:
1. Property Location Criteria: A carport shall be located on the same tract
or lot as the primary structure.
2. Applicable Zoning Districts: A carport shall be allowed in any zoning
district.
3. Front Building Line: A carport shall not extend beyond the front building
line.
4. Side Building Line: Side yard setback shall be the same as for the
primary structure.
Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard
setback shall be as follows:
a. Interior Lots: 6 feet
b. Corner Lots:
(1) 6 feet on the interior side
(2) Same as the primary structure for the side yard adjacent to the
street
5. Rear Building Line: 10 foot Rear yard setback the same as for the
primary structure.
6. Maximum Height: 15 feet
7. Maximum Size: 360 square feet
Exception: In the R-7-MF District there shall be allowed a maximum
of 180 square feet per covered parking space.
Ordinance No. 2427
Page 14 of 21
Exhibit "A"
8. Maximum Number Allowed: One
Exception: In the R-7-MF District: unrestricted.
9. Vehicle Parking Surface: A carport shall be on concrete and have
concrete access to a public street.
10. Effect on Rear Yard Open Space: A carport shall have no effect in
calculating the Rear Yard Open Space requirement.
11. Use: A carport shall not be used for business or dwelling purposes in
any residential zoning district.
12. Carport Entry Distance: Minimum distance between a side or rear
property line and a carport entry shall be 20.5 feet.
13. Design Criteria:
a. Pitch of Roof: The pitch of the roof shall be a minimum of at least
four vertical to twelve horizontal (4:12) on each sides of the
ridae tho &3mc 3S tho prim3ry structure.
b. Support Columns: The columns or posts supporting the roof
structure shall conform to the
masonry requirements of the district.
F. Detached Garages - A detached garage that is constructed as an integral
part of a concrete slab, concrete beam or with concrete piers, shall comply
with the following requirements:
1. Property Location Criteria: A detached garage shall be located on the
same tract or lot as the primary structure.
2. Applicable Zoning Districts: A detached garage shall be allowed in any
zoning district.
3. Front Building Line: A detached garage shall not extend beyond the
front building line. Within subdivision in the R1, R1 Sand R2 Districts in
which the subdivision plat is submitted for approval after January 1,
1990, only side entry, rear entry or front entry garages set back thirty
(30) feet off the building line shall be allowed.
4. Side Building Line: Side yard setback shall be the same as for the
primary structure.
Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard
setback shall be as follows:
a. Interior Lots: 6 feet
b. Corner Lots:
(1) 6 feet on the interior side
Ordinance No. 2427
Page 15 of21
Exhibit "A"
(2) Same as the primary structure for the side yard adjacent to the
street
5. Rear Building Line: 1 0 foot Rear yard setback the same as for the
primary structure.
6. Maximum Height: 15 feet.
7. Maximum Total Floor Area: 500 square feet
Exception: In the R-7-MF District there shall be a maximum total
floor area of 250 square feet per enclosed parking space.
8. Maximum Number Allowed: One
Exception: In the R-7-MF District: unrestricted.
9. Vehicle Parkinq Surface: A detached garage shall have concrete access
to a public street.
10. Effect on Rear Yard Open Space: A detached garage shall have no
effect in calculating the Rear Yard Open Space requirement.
11. Use: A detached garage shall not be used for business or dwelling
purposes in any residential zoning district.
12. Garage Entry Distance: Minimum distance between a side or rear
property line and a garage entry shall be 20.5 feet.
13. Design Criteria:
a. Pitch of Roof: The pitch of the roof shall be a minimum of at least
four vertical to twelve horizontal (4:12) on each side of the ridge
tho samo as the primary structuro.
b. Masonry Requirement: The structure shall comply with the masonry
requirement of the zoning district.
Section 640. ADDITIONAL ACCESSORY BUILDING REQUIREMENTS FOR THE
AG-AGRICUL TURAL AND R1S-SPECIAL RESIDENTIAL ZONING
DISTRICTS Ord.2367, 02122/99
Accessory buildings located in the AG-Agricultural District and the R-1-S Residential
District shall be exempt from the height limit. pitch of roof. concrete access to a
public street and masonry requirement contained in Section 630, Permanent Type
Accessory Building and Structures.
Ordinance No. 2427
Page 16 of 21
Exhibit "A"
A. Accessory buildings in the AG-Agricultural District and the R1S-Special
Residential Districts shall not be used for as a dwelling unit or for
commercial/business purposes.
B. Maximum Square Footage: The square footage of the structure is limited
to 5% of the total lot or tract area.
Section 645. MECHANICAL EQUIPMENT
Swimming pool equipmcnt and similar mechanical equipmcnt shall be so
placod as to direct motor and fan noiso away from the nearoet property line.
Mechanical equipment on rooftops shall be screened in accordance with Article
10, Screening and Fencing Regulations from all adjacont public sites.
l"tIacement solar colloctors mud havo approval of tho City =nforoomont
Officer.
Section 650. YARD ACCESSORIES
Fences, walls, poles, posts, customary fixed yard accessories and ornaments may
be permitted in any minimum required yard subject to height limitations and
requirements limiting obstruction of visibility.
Section 655. SWIMMING POOLS
A. No swimming pool shall be constructed until a building permit has been
issued therefor, and shall not be used until a certificate of occupancy has
been issued. No building permit and no final certificate of occupancy shall
be issued unless the proposed sanitary facilities and water supply comply
with applicable local and State Health Department regulations.
B. All swimming pools shall comply with the following requirements:
1. The pool shall not be located in a front or side yard except on irregular
and/or cul-de-sac lots where the City Enforcement Officer may approve
a permit for side yard use.
2. The pool shall have a wall or fence, not less than six feet in height, with
self-latching gates at all entrances, and completely enclose either the
pool area or the surrounding yard area.
3. All pool lighting shall be shielded or directed to face away from adjoining
residences. If lights are not individually shielded, they shall be so
placed, or the enclosing wall or fence shall be so designed, those direct
rays from the lights shall not be visible from adjacent properties.
Ordinance No. 2427
Page 17 of 21
Exhibit "A"
4. No audio system is used for the purpose of advertising the operation of
the pool or for the attraction of persons to the premises. This shall not
prevent the use of a public address system, which is necessary or useful
to the supervision of the pool and the safety of swimmers.
Section 660. GARAGE SALES
In conjunction with the residential occupancy of a dwelling, the tenants thereof may
offer their personal belongings and household effects for sale to the general public in
a garage or other accessory building, provided, however, a permit is granted by the
city, the interval between such sales shall be at least six months, and no sale period
shall extend for more than two consecutive calendar days. The occasional sale of
personal automobile, trailer, boat, and like belongings may be allowed without
permit.
Section 665. MAJOR RECREATIONAL EQUIPMENT
No major recreational equipment shall be used for living, sleeping, home occupation,
or household purposes when parked or stored on a residential lot, or in any location
not approved for such use.
Section 670. FRONT AND SIDE YARD STORAGE
A. No part of a residential front yard shall be used for parking or storage of any
motorized vehicle, boat or trailer unless said is parked on a hard paved
surface of concrete or asphalt not less than 9 feet by 18 feet, and the
motorized vehicle, boat or trailer is currently licensed and operable.
B. No part of a residential front yard shall be used for the storage of any object
or material.
C. No part of any residential side yard shall be used for the parking or storage
of any motorized vehicle, boat, trailer, object or material unless it is screened
from view of public streets and adjacent property by not less than a six-foot
solid fence.
Section 675. ENVIRONMENTAL REGULATIONS
The following regulations are intended to control contamination of the air, water, or
the environment, and to safeguard the health, safety and welfare of the people. All
disposal of waste materials shall meet all the requirements of City, State and
Ordinance No. 2427
Page 18 of21
Exhibit "A"
Federal regulations and laws. No machines, process or procedures shall be
employed on any property in the City, in which:
A. Emission of radioactivity, electromagnetic disturbances, smoke, dust, noxious, toxic or lethal
gases are detectable beyond the perimeter of the property.
B. Materials are stored or accumulated in such a way that they may be carried by rainwater in
natural drainage channels beyond the limits of the property; which are noxious, toxic,
radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic; or have a
pH factor above nine or below five.
C. Vibration is discernible beyond the property line.
D. Direct glare is discernible beyond the property line.
Section 680. LOT WIDTHS - IRREGULAR AND I OR CUL-DE-SAC
The Planning and Zoning Commission may approve lots of irregular shapes which
do not fully meet the lot requirements of the zoning district, provided that each lot
have the ability to accommodate proper placement of building structures meeting the
minimum floor area of the zoning district.
Section 685. MODEL HOMES
Model homes are allowed in residential districts with the restriction that a covenant
be executed requiring that the garage be returned to its original state, and that the
required number of parking spaces be provided.
Section 690. SIDEWALKS
Sidewalks shall be required on all public streets in all districts, with the exception of
AG Agriculture.
Section 695. CUSTOMARY HOME OCCUPATIONS
Customary home occupations are those ordinarily carried on in a home which are
not detrimental or injurious to adjoining property, providing that all such uses are
located in the dwelling, and that no persons that are not a member of the family
residing on the premises are employed, and no signs advertising such home
occupation are displayed. This use must not increase normal automobile vehicle
traffic in the neighborhood and not require additional off-street parking in order to
conduct business. This use shall be deemed incidental and shall never be permitted
as a principal use, but only as a secondary use, and shall never involve the
conducting of a retail business.
Ordinance No. 2427
Page 19 of21
Exhibit "A"
A. Customary home occupations may include, but are not limited to:
~.b The office of a notary public, accountant, bookkeeper, architect,
lawyer, engineer, musician, consultant, or artist;
8:- 2. The care of not more than four children not related by blood,
marriage or adoption; provided that a Registered Family Home or a
Group Day-Care Home registered with the appropriate agency
authorized by the State of Texas to license family homes may care
for not more than twelve children. Ord.2174 01/27/97
~ 3. Dressmaker;
();. 4. Washing or ironing; and
~ 5. Limited sales Øf of household cleaning products, cosmetics,
vitamins, and jewelry.
B. Customary home occupations shall not include the following:
JL... 1.: Barbershops, beauty shops, hairdressers;
Go 2. Carpenter shop, electrical shop, plumbing shops;
w.,. 3. Radio and/or TV shops;
b 4. Real estate sales office;
J,;. 5. Tin shops, auto repairing, furniture repairing, or similar uses.
Section 696. LIGHTING
Wooden poles shall not be used for the support of lights within the following zoning
districts, 01-0ffice, LR-Local Retail, C1-Commercial, C2-Commercial, OC-Outdoor
Commercial, 11-Light Industrial, and 12-Medium Industrial. Ord. 2114, 4/8/96
Ordinance No. 2427
Page 20 of 21
Exhibit uB"
Article 11, Definitions
ORPHANAGE - An institutional use in which three or more children are raised or
provided with food and shelter by people other than their natural or adoptive parents.
OUTDOOR/OUTSIDE STORAGE - The stor3go permanent and/or continuous
keeping or storing as an accessory/incidental use of any merchandise (items
intended for sale), equipment, machinery, commodities, raw or semi-finished
materials, wrecked or dismantled vehicles, and/or building materials which are not
within a fully enclosed building. Other types of waste/surplus materials, such as
construction/demolition by-products (e.g., carpet remnants, scrap
lumber/metal/masonry materials, leftover/surplus display shelving components or
other furnishings, demolition materials, etc.), shipping materials (e.g., boxes,
foam packaging, pallets, etc.), automotive components (e.g., old tires, salvaged
parts, etc.), and other similar by-products are not generally considered to be
included under this definition and must be properly disposed of (i.e., removed
from the site: not stored) in a timely manner.
OUTSIDE DISPLAY -The temporary display of retail commodities and goods for
the purpose of sale outside of an enclosed building.
p
PAINT AND BODY SHOP - An automobile related use where vehicles are repainted,
the exterior repaired and replaced, frames straightened, damaged panels repaired and
replaced, and window glass is repaired and replaced.
PARKING AREA - An open, unoccupied space exclusively for the parking of vehicles.
PARKING GARAGE - A building or portion thereof designed or used exclusively for the
temporary parking or storage of motor-driven vehicles, and where motor-driven vehicles
are not equipped, repaired, hired or sold.
PARKING LOT - An off-street open surface area used exclusively for the parking of
motor vehicles for less than a twenty-four hour period.
PARKING STRUCTURE - A structure which provides enclosed off-street parking of
motor vehicles.
PARKWAY - The portion of a public right-of-way situated between the curb, or edge of
a street, and the property line of the adjacent land.
Ordinance No. 2427
Page 21 of 21