Alvarado City Zoning Code

The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet and subsurface structures, platforms, or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard.

Every part of a required side yard shall be open and unobstructed except for:

When a non-residentially zoned lot or tract abuts upon a residentially zoned lot or tract, a minimum side yard of ten feet shall be provided on the nonresidential property. An opaque wood fence or masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.

The required rear yard shall be open and unobstructed by any object that is greater than 30 inches in height above the average grade of the yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required rear yard.

Permanent accessory buildings which are placed on a permanent foundation shall be allowed in residential zoning districts subject to the following regulations:

Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any residential district subject to the following regulations:

In all residential districts, detached garages shall not exceed 25 feet in height and must be located behind the primary structure:

The following accessory building and use regulations apply only to property in a nonresidential zoning district.

Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any nonresidential district as follows:

The day-night average sound level at the property line shall not exceed 75 decibels, unless the property line abuts property zoned for residential uses where the maximum day-night average sound level shall not exceed 65 decibels. The day-night average sound level (LDN) is the 24-hour average sound level, in decibels, obtained after addition of ten sound decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m.

At the point of measurement taken on the property line of the source property which has the highest reading, the sound pressure level or impact level of any operation or plant shall not exceed the decibel limits for the octave bands designated in column I below, unless the point of measurement is located on a property line which is also the boundary line of a residential district in which case the limits set forth in column II shall apply.

Smoke or visible emissions emitted from any vent, stack, chimney, skylight, or window shall not exceed an opacity of 20 percent averaged over a five-minute period. Any emission of air pollutant must be in accordance with the requirements of the state. Emissions shall not exceed any of the following net ground level concentrations:

The handling processing, storage and disposal of hazardous, toxic, or noxious materials shall be in accordance with applicable state and federal laws and regulations. In addition, the City Council may establish additional performance standards, including setbacks, berms, and buffers, for the siting of facilities which handle, treat, store, or dispose of potentially hazardous or dangerous materials.

No operation shall permit odors to be released which are detectable at the property line and which offensively affect the sense of smell.

All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zoning district boundary line.

If the proposed use is to emit sanitary sewage effluent containing industrial wastes or other effluent into the city's sanitary sewer system which is considered by the City Engineer to be unusual to or be damaging to the sanitary sewer system, a description of methods of pretreatment of the effluent must accompany the development site plan.

The City Council may establish additional performance standards to protect neighboring areas and land uses from potential uses which may be hazards and nuisances.

The purpose of these regulations is to establish general guidelines for the siting of antennas and antenna facilities, including telecommunications antennas and towers, and to:

Amateur radio equipment and TV antennas (including ham radio and CB equipment but not including commercial uses) shall be permitted as a special exception within residential zoning districts in accordance with the following regulations:

Telecommunications antennas and towers shall be permitted as a special exception in accordance with the provisions in section 42-95(h).

In districts CF and IND that do not abut a residential district, the following regulations shall apply:

In districts CF and IND that abut a residential district, the following regulations shall apply:

In the CBDX, the following regulations shall apply:

A garage sale is the sale of items normally accumulated by a household.

On a property that is zoned and licensed for vehicle sales; or

On residentially zoned property not more than one vehicle may be displayed for sale at any time if such vehicle is owned by a resident on the residential premises. There shall be a rebuttable presumption that a vehicle is parked for the principal purpose of displaying said vehicle for sale if it is parked in such a location with a "for sale" sign or other indication that the vehicle is for sale.

A site plan submitted in conjunction with an application for a specific use permit in any zoning district (public hearing required);

A site plan submitted in conjunction with an application for a zoning change to GH, MH-1X, MH-2X, MH-3X, MFX, CF, IND, CBDX, or I.

To insure compliance with the zoning ordinance, while allowing for design flexibility;

To assist in the orderly and harmonious development of the city;

To protect adjacent uses from obstructions to light, air, and visibility;

To provide protection from fire;

To avoid undue concentrations of population and overcrowding of land; and

To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

Owners of record of property within 200 feet of the property under consideration will be notified of site plan consideration by the Planning and Zoning Commission.

The Zoning Administrator shall have at least one sign erected on the property for which site plan consideration of the Planning and Zoning Commission has been requested. The sign shall have total area of at least four square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a site plan and the telephone number of the public official from whom dates of public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the review or approval of any site plan or the holding of any public hearing.

Hearings held by the City Council for consideration of site plans for specific use permits shall be conducted in accordance with the provisions of state law and section 42-96. An approved site plan for a specific use permit shall become part of the amending ordinance.

A separate notice and hearing shall not be required for site plan approval in connection with a zoning change or other action requiring notice and a hearing.

A scale drawing on a minimum sheet size of 18 inches by 24 inches is required, showing any proposed public or private street(s) and alley(s); building site(s) or building lot(s); any area(s) proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets and an accurate survey of the boundary of tract, as well as a ledger size (11 inches by 17 inches) for file purposes.

Topography with contour interval of not less than two-foot intervals.

Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required.

Where building(s) are proposed, a site plan showing the location of each building and the minimum distance between building(s), and between building(s) and the property lines, street lines and/or alley lines, shall be submitted.

The square footage of each proposed building on the site.

Front, side, and rear building elevations of all proposed structures.

The height of the building(s) and type of construction materials.

A plan indicating the arrangement and provision of off-street parking, off-street loading, and points of entry from adjoining streets.

Landscape plan.

Fire lanes as designated by the fire department.

The location of all fire hydrants.

A table showing land area, building area, parking area and a ratio of building area and land area, and a ratio of building/parking area and land area.

The location of all outside facilities for waste disposal.

The type, location, height, and orientation of all external illumination facilities.

The location, size, height, and orientation of all proposed signs.

The 100-year floodplain and floodway limit locations and showing the floodplain map number and date.

A drainage plan shall be made a part of the site plan for development projects influenced by or containing major drainageways or containing floodprone areas as determined by the City Engineer.

A performance standards report if deemed necessary by the Zoning Administrator because of the characteristics of the activities to be conducted on the site.

All pedestrian walks, malls, and open area(s) for use by tenants or the public; the types of surfacing of such paving or turfing to be used at all locations on the site.

Scale, north arrow, date of site plan preparation, and name(s) and address(es) of those responsible for the preparation of the site plan.

Title block, name of owner/applicant, developer, land planner, and/or other relevant participant.

New trees from the approved tree list contained in section 42-58(g).

Unless otherwise approved by the Zoning Administrator, trees planted to satisfy parking lot landscape requirements shall be chosen from the species specified by section 42-58(g).

Existing, on-site trees of any species that are of six inches minimum caliper, measured 12 inches above grade may be counted towards landscaping requirements established for parking lots.

An irrigation system must be provided with all landscape plans. Irrigation plans shall comply with the design standards set forth by the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation.[1]

Landscaping adjacent to public rights-of-way.

The design and location of accessible parking spaces shall comply with the State of Texas Architectural Barriers Act. A landscape island may be omitted at an aisle termination for the purpose of providing required access to accessible parking spaces.

Landscape material which is located within the interior of a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 24 inches in height and seven feet in height. No shrubs shall exceed 24 inches in height. Tree canopies shall be at least seven feet in height.

For large existing trees located in the parking area, which are being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.

For each landscaped island of at least ten feet by 20 feet located within a parking lot, credit for four parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than ten percent or to less than ten total spaces.

Curbing or other protective devices or barriers shall be installed to protect landscaped areas from vehicular encroachment.

Safety barriers, protective bumpers or curbing shall be provided to prevent encroachment onto abutting public or private property.

Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, when circulating within a parking facility, and when entering and exiting a parking facility.

Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.

Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use, and shall not cause glare to traffic on a public roadway.

A parking lot in any nonresidential district which abuts residentially zoned property shall have a wall or privacy fence not less than six feet in height located for the length of the common property line. However, such a fence shall not be required within the front or exterior setback area of the nonresidential use.

Areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound reduction.

All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended.

All parking facilities shall be graded and provided with permanent storm drainage facilities, meeting the construction specifications set by the City Engineer.

It is the purpose of this section to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping and the retention of existing trees, which are intended to:

This section establishes landscaping requirements only in zoning districts DT, NC, RC, CF, IND, CBDX, INSX, NMU, RMU, and INN and for all specific uses that specify that the requirements of this section be met.

Single-family, manufactured home subdivision and two-family residential uses shall be required to conform to the requirements of subsection (i).

Developments within the MFX and MH-1X zoning districts shall be required to comply with the landscaping requirements set forth in section (j).

Nonresidential uses located within the SF-1, SF-2, GH, DD, MFX, MH-1X, MH-2X, MH-3X, and TH zoning districts, which consist of principal structures, parking areas, and signage, shall be required to comply with the requirements contained in this section.

Parking lot landscaping shall be provided as specified by Table 1, Summary of Landscape Requirements for Nonresidential Uses.

Remodeling, alterations or additions for which a site plan is required under the terms of this zoning chapter; or

Remodeling or alterations taking place within a 12-month period the total value of which exceeds 25 percent of the valuation of property improvements (excluding land value) as shown on the current county tax rolls.

Landscaping of 20 percent of the total lot shall be required, unless credits are obtained by additional plantings as set forth in subsection (g). Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants in excess of the minimum standards established in this section may not reduce the landscape requirement to less than ten percent of the total lot area;

Where the construction is to be a single-phase or multi-phase development, only the area being constructed in the current phase shall be required to comply with the landscape regulations. However, each phase will be required to meet the landscaping requirements as it is being developed;

The use of native and adapted, drought-tolerant plants is encouraged to meet requirements of this section;

Artificial plants or artificial turf are expressly prohibited;

An irrigation system must be provided with all landscape plans for nonresidential development. Irrigation plans shall comply with the design standards set forth by the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation;[1]

The term "ornamental tree" shall be defined as a single- or multi-trunk tree with a maximum height of approximately 30 feet and maximum crown diameter of approximately 30 feet, and a minimum height of approximately 20 feet and minimum crown diameter of approximately 15 feet;

Grass, groundcover, trees, shrubs, flowering and non-flowering plants, stonework, and water features may all be used as components of required landscaping in conjunction with the following minimum planting standards:

Grasses shall be installed by laying sod. Spreading grass seed or use of hydromulch is expressly prohibited unless approved by the Zoning Administrator after consultation with the City Engineer.

The landscape plan may be prepared by the applicant or his designee. The landscape design is not required to be prepared by a registered or certified professional. Any required irrigation system must be designed in accordance with the standards of the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation.[2]

The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this section shall be provided and approved prior to the issuance of a building permit.

The landscape plan shall contain the following information:

Not less than 40 percent of the total landscaping shall be located in the designated front yard.

All landscape material shall comply with visibility requirements of the city regulations including the subdivision ordinance and this chapter.

Three-inch caliper tree, planted or saved: 200 sq. ft.

Six-inch tree caliper, planted or saved: 400 sq. ft.

One shrub, less than five gallons: 10 sq. ft.

One shrub, five gallons or greater: 25 sq. ft.

For each one square foot of drought tolerant area: Two sq. ft.

All required landscaped area shall be permanently landscaped with living plant material, and shall have either have an irrigation system installed or shall be accessible to a hose bib, faucet, or other water source on the same lot or tract. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements.

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

All plant materials shall be maintained in a healthy, neat and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.

Plant materials which die shall be replaced with plant materials of similar variety size within 90 days, with a one-time extension not exceeding 90 days being provided upon approval of the Zoning Administrator.

Lots shall have a minimum landscaping requirement of one canopy tree located in any required front yard.

Required canopy trees shall be a minimum of three caliper inches.

Existing trees of equal or greater size within the front yard area may be counted toward this requirement.

In cases when the applicant can show that required trees cannot reasonably be placed on the lot due to size, configuration or amenities, the Zoning Administrator may reduce the required number of trees to a number that can reasonably be accommodated on the subject lot.

Grasses shall be installed by laying sod. Spreading grass seed or use of hydromulch is expressly prohibited.

Landscape buffer of 20 feet will be required along any property line abutting a SF-1, SF-2, GH, MH-2X, MH-3X or DD residential district.

Not less than 20 percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways, and internal streets.

Landscaping consisting of the planting of new or retention of existing shrubs, trees, and flowering plants shall be placed in the yard facing any public roadway.

Method of irrigation must be indicated on the site plan.

All landscaping shall be permanently maintained. Should any plant material used in any landscaping required under this chapter die, the owner of the property shall have 90 days after notification from the city to obtain and install a suitable replacement plant material. Landscaped areas shall be kept free of trash, litter, weeds and other material or plants not a part of the landscaping.

An irrigation system must be provided with all landscape plans in the MFX and MH-1X districts. Irrigation plans shall comply with the design standards set forth by the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation.[3]

All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of a certificate of occupancy being granted. A one-time extension not to exceed 90 days may be granted upon approval of the Zoning Administrator.

If landscaping requirements have not been satisfied within the 90-day period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this chapter.

When the owners of properties that do not comply with the landscape requirements of this section are required to provide landscaping, the minimum standards in this subsection shall apply.

A minimum of ten percent of total lot area must be devoted to landscaping. Grass, groundcover, trees, shrubs, flowering and non-flowering plants, stonework, and water features may all be used as components of required landscaping in conjunction with the following minimum planting standards:

Application for relief from landscaping requirements may be made by any property owner, or other person having a proprietary interest in the property for which relief is requested.

Applications shall be made in writing and shall specify the property conditions or considerations that make the requested relief necessary.

Applications shall include a proposed landscape plan, drawn to scale, illustrating the area available for landscaping and specifying proposed plantings by size, type and location. The proposed plan shall indicate the means by which irrigation will be provided and provide a phasing schedule for completion of the plan.

Applications shall be accompanied by an application fee as currently established or as hereafter adopted by resolution of the City Council from time to time.

Applications shall be presented to the Planning and Zoning Commission. Applications for relief shall not require a public hearing. The Planning and Zoning Commission, after considering a proposed plan, may recommend that it be approved as presented, approved with modification, or denied.

Following consideration by the Planning and Zoning Commission, a proposed landscape plan shall be forwarded to the City Council with the commission's recommendation. The City Council shall act to approve a plan, as presented, approve it with modifications, or deny the application.

City Council's action regarding a proposed landscape plan shall be documented as follows:

When a brick or masonry wall is erected adjacent to a dedicated roadway, the color of the wall shall be uniform and/or compatible on both sides of a street between two intersecting streets. When walls are built in sections, the color shall be as closely similar as possible, but shall in no case be incompatible.

All brick and masonry screening walls shall be placed on an engineered concrete footing, with provision for drainage under the wall. Masonry or brick columns shall be expressed at a minimum of 30 feet on centers and should typically be taller than the remainder of the wall. The exterior of all sides of each wall shall be finished with the same material and shall be similar in appearance. Developers are encouraged to create offsets in brick or decorative masonry walls to provide visual variety. At development and subdivision entry features, all walls and raised planter beds shall be of brick or decorative masonry construction.

Developers are encouraged to create offsets in brick or masonry walls to provide visual variety.

The area between the fence and the extension of the property line to the back of curb or edge of pavement.

The area between the fence and the property line or between parallel fences.