Aubrey City Zoning Code
§ 5
GENERAL PROVISIONS.
A.
ESTABLISHMENT OF DISTRICTS.
For the purpose of this Ordinance, the City of Aubrey, Texas, is hereby divided into twelve (12) districts as follows:
AG-R - Agriculture Residential District |
SF1 - Single-Family Residential Large Lot, 1 acre lot |
SF-10 - Single-Family Residential, 10,000 sq. ft. lot |
SF-75 - Single-Family Residential, 7,500 sq. ft. |
SFAC - Two-Family Residential Attached |
MF - Multiple-Family Residential |
GR - General Retail |
SC - Shopping Center |
C - Commercial |
IND - Industrial District |
MH - Mobile Home Park District |
PD - Planned Development District |
B.
FLOODPLAIN DESIGNATION OVERLAY.
Notwithstanding the foregoing, there shall be a district known as a “FP” floodplain district which may be coextensive with or overlap any or all of the foregoing districts or portions thereof and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing districts and be zoned “FP” floodplains.
Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned “FP” floodplain, the restriction contained in the “FP” floodplain district shall be applicable to said tract or portion thereof and shall take precedence over the other zoning districts.
C.
OFFICIAL ZONING MAP.
The city is hereby divided into zones, or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this Ordinance.
D.
MAP CERTIFIED.
The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bearing the seal of the city under the following words:
“This is to certify that this is the official zoning map adopted as part of Ordinance No. 135-87 of the City of Aubrey.”
E.
LOCATION OF MAP.
The official zoning map shall be in the custody of and shall remain on file in the office of the city secretary.
F.
PUBLIC INSPECTION OF MAP.
The official zoning map shall be available for public inspection for all matters which are of public record.
G.
AMENDMENT OF OFFICIAL ZONING MAP.
When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until after council approval and after such change has been made to said map.
H.
OFFICIAL ZONING MAP REPLACEMENT.
The City Council may by ordinance adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words:
“This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as a part of the Zoning Ordinance of the City of Aubrey, Texas.”
I.
INTERPRETATION.
(1)
When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such or street shall be construed to be the district boundary line.
(2)
Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.
(3)
Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines or section lines, or quarter section lines, or quarter-quarter section lines.
(4)
Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map or other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.
J.
RULES FOR WORDS AND PHRASES.
For the purposes of this Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory, not directory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word “used” includes designed and intended or arranged to be used; the word “building” includes the word “structure”; the word “lot” includes “building lot” or parcel. Wherever this Ordinance imposes a greater restriction [than] that imposed by other Ordinances, laws, or regulations, the provisions of this Ordinance shall govern.
K.
COMPLIANCE WITH REGULATIONS.
The regulations set by the Ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided.
(1)
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified for the district in which it is located.
(3)
No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this Ordinance.
(4)
No part of a yard, other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with this section shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.
L.
STRUCTURES TO HAVE ACCESS.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
M.
VISIBILITY AT INTERSECTIONS.
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to interfere with traffic visibility across the corner. This visibility area shall be a triangle measured twenty (20) feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two and one-half (2-1/2) feet in height and vegetation should not droop to less that [than] ten (10) feet from the ground.
N.
FENCES, WALLS, AND HEDGES.
Except as provided by other sections of this chapter, a fence, wall, or hedge may be erected, placed, maintained, or grown along a lot line or [of] residentially zoned property to a height not exceeding eight (8) feet above the ground level.
O.
HEIGHT EXCEPTIONS.
The regulations contained herein relating to the height of buildings or structures and other open space shall be subject to the following exceptions:
(1)
Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding sixty (60) feet or five (5) stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located are each increased at least one (1) foot for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.
(2)
Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, mast or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter.
P.
HOME OCCUPATIONS.
The purpose of the home occupation provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1)
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation, unless expressly set forth otherwise in this Ordinance or another ordinance specifically regulating the home occupation at issue.
(2)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.
(3)
No more than twenty-five percent (25%) of the area of one (1) story of the principal building shall be devoted to the home occupation.
(4)
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(5)
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(6)
No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(7)
The home occupation shall not create any increase in vehicular flow or parking by more than two (2) additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.
(8)
No home occupation shall cause an increase in the use of any one (1) or more utilities beyond the average of the residences in the neighborhood.
(9)
No more than one (1) advertising sign with a maximum of four (4) square feet of a non-illuminating nature may be placed on the main building.
(10)
Examples of home occupations:
The following are examples of uses which can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation nor does this listing limit the uses which may qualify as home occupations: handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring, millinery, and realtor.
(11)
Prohibited uses:
The following uses have a tendency to violate the provisions for home occupations and thereby impair the character of residential areas. Therefore, the following uses shall not be permitted as accessory uses in residential districts: auto repairs, painting of vehicles or boats, private schools, photo studios, dance instruction, and television repair.
(12)
Interpretation of home occupation:
The planning and zoning commission shall interpret the provisions or this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.
Q.
SITE PLAN REQUIREMENTS.
(1)
Applicability.
Applicants are encouraged to contact City staff for pre-application conferences and assistance with the process. Applications may only be delivered to the City for completeness review and potential filing during the application filing windows. In order to provide the City with adequate time to review site plan applications for compliance with these zoning regulations, an application for approval of any site plan shall only be filed by the Planning Director during an application filing window that is at least 20 calendar days, but no more than 30 calendar days prior to the regular meeting of the body at which it is to be considered. The Planning Director may establish a deadline for the submission of site plan applications that falls within the application filing window.
(a)
Approval of a site plan shall be required prior to the issuance of any building permit for the construction of a new nonresidential or multiple-family residential structure; prior to the issuance of any building permit for any modification to structure which affects its size, shape, or volume; prior to a structure’s change in use that will require modifications to existing parking or loading space requirements or configurations; or as otherwise determined by the Director of Planning.
(b)
All building permits must conform to an approved site plan.
(c)
Prior to receipt of a Certificate of Occupancy, an inspection shall be performed by the Director of Planning, or designee, verifying conformance to the site’s approved site plan.
(d)
Single-family and two-family residential developments shall be exempt from this Section.
(2)
Site Plan Approval Process.
The procedures for site plan approval shall be substantially the same as those used by the City for consideration of plats under Chapter 10 of this code, which shall have controlling effect over any provisions of this article to the extent of any conflict, in conjunction with the following requirements:
(a)
Sites greater than one acre in size or within 200 feet of a platted single-family residential development.
Site plans for properties that are greater than one acre in size or within 200 feet of a platted single-family residential development are subject to review by the Planning and Zoning Commission. The site plan shall be deemed approved by the City if approved by a majority vote of the Planning and Zoning Commission. The Commission shall review the proposal and by majority vote may approve the site plan, approve the site plan with conditions, or disapprove the site plan. If the Commission disapproves the site plan, or if the Applicant does not agree with the conditions of approval, the Applicant may submit revisions for reconsideration by the Commission, as detailed below. The Commission or City Council may conduct a public hearing on the request according to the procedures for a change in a zoning district location or boundary when required by law. The City Council shall have final approval or disapproval authority on all site plans which are so appealed.
(b)
All other site plans.
All other site plans shall be approved administratively by staff. At the discretion of the Director of Planning, or designee, any site plan may be forwarded to the Planning and Zoning Commission for action. The Director of Planning shall not have the authority to disapprove a site plan application and shall forward any application which the Director of Planning cannot approve to the Planning and Zoning Commission for action. The actions of the Planning and Zoning Commission may be appealed to the City Council. The City Council shall be the final approval authority.
(3)
Detailed report; written notice of public hearing.
Before acting on a site plan, the Planning and Zoning Commission shall receive from the Director of Planning, or designee, a report regarding the proposed site plan detailing its conformance or nonconformance with the zoning ordinance and other applicable regulations of the City, and a recommended action regarding the site plan. The Council shall be provided a similar report prior to consideration of action on site plans reaching it for appeal or approval.
(4)
Features to be shown on site plans.
Site or development plans shall include the following information must be within the application in order to be eligible for filing, marked with an application filing date, and set for hearing on an agenda:
(a)
General.
The following general information shall be included:
(i)
The applicant’s name, address, and phone number;
(ii)
The development location (include subdivision, lot number, and/or address);
(iii)
The proposed use (letter of intent required);
(iv)
The zoning district (attach copy of ordinance governing subject property);
(v)
The lot area (net and gross);
(vi)
The lot coverage and floor area ratio;
(vii)
The location of all existing buildings or structures on the lot that are to remain subsequent to any proposed development;
(viii)
The building or structure size, height and total floor area (separated by use);
(ix)
The adjacent land uses and improvements within 200 feet of the subject property;
(x)
The location of hazardous chemical storage;
(xi)
The sign locations;
(xii)
A scale with the following dimensions: one inch equals 20 feet, 30 feet or 40 feet, or as determined by the Director of Planning;
(xiii)
The location of any on-site items (kiosks, sanitation containers, drop boxes, etc.);
(xiv)
Any existing or proposed easements;
(xv)
The location and type of all existing and proposed screening, including screening of sanitation containers, parking areas, vehicles awaiting repair, open storage, etc.;
(xvi)
The required landscape areas;
(xvii)
Any additional information as deemed necessary to adequately evaluate the site or development plan; and
(xviii)
The following standard notations:
a.
The sanitation container screening walls shall be brick masonry, stone masonry, or other architectural masonry finish, including a metal gate, primed and painted, and the sanitation container screening walls, gate, and pad site shall be constructed in accordance with the city design specifications.
b.
Mechanical and heating and air-conditioning equipment in nonresidential uses shall be screened from view from the public right-of-way and from adjacent residential properties.
c.
The lighting for the subject property will be constructed and operated in conformance with the City of Aubrey Zoning Ordinance.
(b)
Site circulation and parking.
The following site circulation and parking information shall be included on the site or development plans:
(i)
The drive approach dimensions and radii;
(ii)
The delineation and width of internal circulation roadways;
(iii)
The distances between driveways and intersecting streets;
(iv)
The number of required parking spaces and number of parking spaces provided, including handicapped parking spaces;
(v)
The parking dimensions;
(vi)
The stacking spaces and drive-through lane location;
(vii)
The location of curb stops relative to front of parking stall. (Note: Wheel stops are not permitted in lieu of curbs);
(viii)
The handicapped ramps (required at all intersections);
(ix)
The building entrances;
(x)
The sidewalk dimensions;
(xi)
The fire lanes meeting fire code standards;
(xii)
The location and dimension of delivery truck docks;
(xiii)
The location and dimension of loading spaces;
(xiv)
The location of bay doors;
(xv)
The sanitation container locations;
(xvi)
The medians, islands, barriers, and channelization;
(xvii)
The width of adjacent streets, alleys, or other access abutting property;
(xviii)
The length, width, and taper of turn bays; and
(xix)
The directional signage and directional arrows for one-way traffic driveways.
(c)
Utility plans.
Utility plans shall be included on a separate drawing from the site plan, and shall include the following information:
(i)
The existing and proposed water mains (include size and valve locations);
(ii)
The water meter size and location;
(iii)
The existing and proposed sewer mains (include size, manholes and cleanout);
(iv)
The sewer service size (provide cleanout at property line);
(v)
The existing and proposed utility easements including the associated utility line (public or private) and its size;
(vi)
The existing and proposed fire hydrants (including any nearby off-site hydrants);
(vii)
The existing and proposed fire lines, fire sprinkler connections, and appurtenances;
(viii)
The location and size of irrigation meters;
(ix)
The location and size of grease and sand traps;
(x)
The location and size of sampling pits; and
(xi)
The location and type of pretreatment.
(d)
Drainage plans.
Drainage plans shall be included on a separate drawing from the site plan, and shall include the following information:
(i)
The existing and proposed elevation at critical points;
(ii)
The drainage area map (if site is over one acre);
(iii)
The on-site collection system, including stormwater detention areas and detention ponds;
(iv)
The 100-year flood elevation (if in floodprone area), and appropriate easements to protect improvements from erosion associated with floodprone areas;
(v)
The existing and proposed contours at two-foot intervals;
(vi)
The existing and proposed drainage structures (include size and type);
(vii)
The existing and proposed culverts; and
(viii)
The direction of surface drainage (must be discharged into existing waterway or public right-of-way).
(e)
Landscape plan.
A detailed landscape plan in conformance with the City of Aubrey Zoning Ordinance shall be submitted along with the site plan. Landscape plans shall be prepared by a person knowledgeable in plant material usage and landscape design, such as a landscape architect, landscape contractor, or landscape designer. Landscape plans shall be submitted on a separate drawing from the site plan, and shall include the following information:
(f)
Tree survey.
The Planning and Zoning Commission may require the submittal of a tree survey that identifies the location of trees. All tree surveys shall be prepared by an arborist, a licensed surveyor, a licensed landscape architect, or other qualified person approved by the Director of Planning.
(g)
Tree preservation plan.
The Planning and Zoning Commission may require the submittal of a tree preservation plan.
(5)
Attributes in consideration.
City council, Planning and Zoning Commission and staff consideration shall include paving and layout of streets, alleys and sidewalks, means of ingress and egress, provisions for drainage, parking spaces, protective screening and open spaces, as well as areas designated for landscaping, and any other aspect deemed necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity, and general welfare of the city.
(6)
Additional information.
If, during the course of reviewing the site plan or landscape plan, the Director of Planning, or designee, is of the opinion that a proper recommendation or action cannot be made without additional information, the Director of Planning is authorized to request that the Applicant submit said information and is further authorized to withhold filing and action on the site plan until the submission of the additional information for the Director of Planning’s review.
(7)
Expiration.
A site plan shall expire two years after its approval, if no building permits have been issued for the site, or if a building permit has been issued but has subsequently lapsed.
(8)
Approval required.
A building permit shall not be issued prior to the approval of the site plan by the City Council, Planning and Zoning Commission, and/or Director of Planning, as appropriate. No building permit shall be issued except in compliance with the approved site plan, including all conditions of approval.
(9)
Inspections, revisions, and continued compliance.
During construction and upon completion, the project will be inspected to ensure that the approved site plan has been followed.
(a)
In the event that changes to the approved site plan are proposed, the Director of Planning, or designee, shall have the authority to require that a revised site plan be submitted to the City for review and approval.
(b)
It is recognized that final architectural and engineering design may necessitate some judgment in the determination of conformance to an approved site plan. The Director of Planning shall have the authority to interpret conformance to an approved site plan, provided that such interpretations do not materially affect the impact on adjacent properties, access, circulation, parking, loading, or general building orientation, configuration, or location on the site, or any other conditions specifically attached as part of a City Council approval. The Director of Planning shall only approve minor changes that substantially conform to the approved site plan and with all applicable City regulations. If, in the judgment of the Director of Planning, or designee, the proposed revisions do not conform to the approved site plan, a new site plan application shall be submitted for review and approval by the Director of Planning, or for potential filing with another approval body as appropriate.
(c)
A certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved site plan.
(d)
The final site plan, landscape plan, tree survey, and tree preservation plan shall be accompanied by a digital copy for permanent record.
(e)
Maintenance of the property in conformance with the approved site plan shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved site plan shall be a violation of this Section.
(f)
Requests for reconsideration of a site plan application must be made in writing and delivered to the City during a response submission window. All conditional approvals of any site plan application by the commission or council shall require, as one of the conditions for filing and subsequent approval, that the Applicant’s response include a signed certification from the planning department stating that the Applicant conferred with City staff regarding the content of the response and the timing of its delivery to the City. Conditional approvals and disapprovals may result in additional fees or staff recommendations of denial if these requirements are not strictly observed.
(g)
Examples of revisions which may be approved by the Director of Planning include:
(i)
Minor dimension and location adjustments;
(ii)
Minor changes in the number of parking spaces, provided that minimum parking requirements are met;
(iii)
Adjustments to sanitation container location;
(iv)
Minor revisions to approved elevations; and
(v)
Substitution of similar materials on an approved landscape plan.
(i)
If, in the judgment of the City Administrator, the proposed revisions exceed staff’s approval authority, the revised site plan shall be forwarded to the Planning and Zoning Commission for consideration according to the procedures for site plan approval. If proposed revisions to the site plan have not already been approved by the City Administrator within 30 days of their filing, they shall be scheduled for consideration by the Planning and Zoning Commission upon request by the Applicant.
(10)
Phasing plan.
To assist in the processing of site plans that are to be constructed in phases, the City Administrator, or designee, may request a phasing plan for the development, to ensure adequate site access, circulation, parking, sanitation containers, etc.
Editor’s note–The subsection numbering of Ordinance 496-13 was changed at the editor’s discretion to be consistent with the numbering throughout the zoning ordinance.
(Ordinance 135-87 adopted 4/14/87; Ordinance 496-13, ex. A, adopted 3/19/13; Ordinance 680-20 adopted 4/28/20)