Bell City Zoning Code
ARTICLE 5
Multifamily Residential District
§ 5.01 Intent.
Multiple Family Residential District. The MF–Multiple Family Residential District is established to allow development of higher density apartment style multiple-family development. Certain other institutional, social and recreational uses are also permitted in this district, such as schools, child care and recreational uses. The intent is to maintain and enhance traditional, walkable, pedestrian-oriented neighborhoods and to provide for urban infill development that is of a form and character consistent with the character of the community.
(Ordinance 99-0928-A adopted 10/12/21)
§ 5.02 Uses.
Use and development of land and buildings shall only be for the following specified uses, unless otherwise provided for in this Ordinance. All applicable ICC codes adopted by the City of Bells shall also be enforced when developing structures. Uses are grouped into major categories and only those uses listed under each category are permitted. Land and/or buildings in the districts indicated at the top of the Table may be used for the purposes denoted by the following abbreviations:
P: Permitted Use. Land and/or buildings in this District may be used for the purposes listed by right.
S: Special Use. Land and/or buildings in this District may be used for this purpose by obtaining Special use approval when all applicable standards cited in Article 14 [are met].
–: Not Permitted. The use is not permitted in the district. Uses not listed in the table are also not permitted. Uses that are not listed in any district of the zoning ordinance, as shown, may be allowed based upon a similar/comparable use determination from the City of Bells Planning and Zoning Commission.
Table 5.1. Schedule of Use Table | ||
|---|---|---|
Use | MF | Use Requirements |
Residential limited to the following: | ||
Single-family detached dwellings | P | Section 14.01 |
Two-family dwellings | P | Section 14.01 |
Home occupations | P | Section 14.01(2)(b) [14.01(b)] |
Fraternity, sorority or student cooperatives | S | |
Multiple-family dwellings | P | Section 14.01 |
Agriculture and animal-related uses limited to the following: | ||
Agriculture | – | |
Retail trade and Services limited to the following: | ||
Planned neighborhood shopping centers | S | Section 14.02(c) |
Accommodation and food services limited to the following: | ||
Bed and Breakfasts | S | Section 14.05(a) |
Food Truck Park | S | Section 14.05(d) |
Mobile Food Units | S | Section 14.05(d) |
Taverns and Liquor Sales | – | |
Health care and social assistance limited to the following: | ||
Day-care centers, commercial | S | Section 14.07(a) |
Day-care homes, residential licensed for 12 or fewer children | S | Section 14.07(a) |
Foster care homes | P | |
Funeral homes/mortuaries | S | Section 14.07(b) |
Group homes licensed for 8 or fewer residents | S | Section 14.07(c) |
Entertainment and recreation limited to the following: | ||
Forestry/wildlife preserve | P | |
Golf course and country clubs | S | Section 14.08(c) [sic] |
Parks/playgrounds | P | |
Civic, Religious and Social Organizations limited to the following: | ||
Cemeteries | S | |
Churches, chapels, temples, synagogues and similar places of worship | S | Section 14.09(a) |
Community centers | S | |
Clubs, lodges, union halls | S | |
Convents, monasteries and seminaries | S | |
Educational services limited to the following: | ||
Libraries | P | |
Schools, elementary, middle and high | P | |
Public administration limited to the following: | ||
Government buildings excluding correctional facilities | P | |
Museums, civic buildings and landmarks preserved for public inspection | P | |
Utilities limited to the following: | ||
Public utility buildings | P | Section 14.11(a) |
Transmission lines for gas, oil and electricity | P | |
Utility substations | S | |
Single accessory wind energy conversion systems | S | Section 14.11(b)(1) |
Wireless communication facility - collocation | P | Section 14.11(b) [(c)] |
Wireless communication facility | S | Section 14.11(c) |
Alcoholic Beverages limited to the following: | ||
Alcoholic beverage establishment | – | Section 14.16(3) [sic] |
Alcoholic beverage store | – | Section 14.16(3) [sic] |
Brewpub | – | Section 14.16(3) [sic] |
Distillery | – | |
Winery | – | |
Convenience store | – | |
Food store; grocery store | – | |
General merchandise store | – | |
Retail shops and stores other than listed | – | |
Restaurant without drive-in or drive-through service | – | |
Restaurant with drive-in service | – | |
Restaurant with drive-through service | – | |
Private Club | – | |
(Ordinance 99-0928-A adopted 10/12/21)
§ 5.03 Lot Area and Width Regulations.
All lots shall meet the following minimum area and width requirements. No new lots shall be created or altered in a manner that does not comply with the following requirements.
Table 5.2. Lot Area | ||||
|---|---|---|---|---|
Zone | Minimum Lot Sizes | Max. Res. Density (Dwellings/AC.) | ||
Lot Area (sq. ft.) | Lot Width (ft.) | Lot Depth (ft.) | ||
MF | 10,500 | 70 | 150 | 24.84 |
(Ordinance 99-0928-A adopted 10/12/21)
§ 5.04 Building Dimensional Requirements.
All structures shall be subject to the dimensional regulations of the following table.
Zone | Max. Building Height (a, b) | Min. Setbacks (ft.) (c, d, e, f) | Max. % Lot Coverage (g) | Min. Floor Area | |||||
|---|---|---|---|---|---|---|---|---|---|
Height (ft.) | Height (St.) | Front Yard | Side Yard | Total Both Sides | Rear Yard | Building | Total (sq. ft.) | First Floor (sq. ft.) | |
MF | 45 | 3 | 20 | 15 | 30 | 10 | 50% | 800 | 800 |
 |
(a)
Accessory Structures.
Accessory Structures shall be regulated under the requirements of Section 13.02.
(b)
Height Exceptions.
No structure shall exceed the maximum height of the district except for the allowable exceptions to the height limits contained in Section 2.09.
(c)
Projections into Yards.
All required yard spaces shall remain as landscaped open space, except for pavement, accessory structures and architectural features that are allowed to extend or project into required setbacks under Section 2.10.
(d)
Setback from Road.
The front yard setback shall be measured from the road right-of-way or private road easement.
(e)
Corner Lots.
Corner lots shall provide the minimum front yard setback from both road frontages.
(f)
Double Frontage Lots.
In all districts, where a double frontage lot backs up to a roadway, the minimum required front or roadside setback shall be required from both road rights-of-way.
(g)
Maximum Lot Coverage.
The maximum lot coverage for buildings and impermeable surface shall be measured as follows:
(1)
The building coverage shall be calculated as the ratio of the footprint of all buildings, including the principal building, garages and detached accessory buildings, to the net area of the lot.
(Ordinance 99-0928-A adopted 10/12/21)
§ 5.05 Refuse Facilities.
Every dwelling unit in a multifamily complex shall be located within two hundred fifty (250) feet of a refuse facility measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least eight (8) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than six (6) cubic yards of refuse container shall be provided. Each refuse facility shall be screened for [from] view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
(Ordinance 99-0928-A adopted 10/12/21)
§ 5.06 Special Fire Protection Requirements.
Each building in the development shall at the time of the construction, and thereafter be operated in accordance with currently applicable building and fire safety codes.
Each unit in any multi-story design, regardless of density, shall be provided with two (2) points of entry and exit with each providing separate access to places of safety in the event of fire or other emergency.
(Ordinance 99-0928-A adopted 10/12/21; Ordinance 10112022 adopted 10/11/2022)
§ 5.07 Screening - Adjacent Residential Use.
A screening wall of wood, metal, masonry, or approved combination having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the common side and rear property line adjoining or adjacent to single family residential use, existing single-family residence, or single-family zoning. The fence shall not interfere with traffic signs, signals, or sight lines.
No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved, therefor.
The screening and enclosures shall be maintained in such a manner as to preserve the aesthetics with city officials having the authority to determine when maintenance should be done.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.08 Permitted Uses - Grouping.
A building or premises shall be used only for the following purposes and as noted:
Three (3) or more single-family attached dwelling units, provided that no more than seven (7) dwelling units are attached in one continuous row or group. Maximum density is fifteen (15) units per acre.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.09 Parking Regulations.
Two and one-half (2.5) off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard.
Required off-street parking shall be provided on the same site as the unit it serves.
No parking shall be allowed except on a paved concrete parking space surface.
Each standard off-street surface parking space shall measure not less than nine (9) feet by twenty (20) feet, exclusive of access drives and aisles, and shall be of usable shape and condition.
Other off-street parking spaces regulations may apply pursuant to the City ordinances and regulations.
Buildings with enclosed garages, when adjacent to a public street, must face garage doors internally to the development. Garage doors may not face a public street.
Parking is only allowed between the building and a public street when located at or beyond the required landscape buffer and screened with a headlight screen of fencing, earthen berms and/or a row of shrubs.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.10 Screening Fence.
See section 5.07 for required screening adjacent to residential use. Border fencing of wood, metal or masonry or approved combination of not less than six (6) feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a public street. This fence shall be maintained throughout the existence of the multifamily complex by the owner of the complex.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.11 Pedestrian Circulation.
Parking areas shall be designed to facilitate safe and convenient use by pedestrians. There shall be designated pedestrian pathways or sidewalks at least six (6) feet wide connecting the front entrance of the principal building to the sidewalk along the abutting street, including marked crosswalks across interior driveways.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.12 Usable Open Space Requirements; Landscaping.
1.
Area Requirements:
Each lot or parcel of land developed within a Multifamily Residential District shall provide open space at a rate of twenty-five percent (25%) net area.
(a)
The open space shall have a maximum slope not exceeding ten percent (10%).
(b)
The open space shall have a minimum dimension of not less than thirty (30) feet.
(c)
Of the required open space, fifteen percent (15%) or twenty thousand (20,000) square feet, whichever is greater, shall be grouped in one location.
(d)
Required perimeter landscape buffers will not count toward open space.
(e)
At the time of approval, the Planning and Zoning Commission may give full or partial credit for open areas that exceed the maximum slope, which are otherwise unusable, or which are less than the required twenty thousand (20,000) square feet specified in subsection (1)(c) above. These areas must be determined to protect and enhance the City's environmental quality (areas of floodplain or extreme topography, trees, and natural landscape, viewsheds and bodies of water) and aesthetic quality (incorporation of desirable designs reflecting the community vision established in the Comprehensive Plan).
(f)
A table showing square footage of each use and/or area is required on the Final Site Plan and Landscape Plan. The required table shall include the required and provided open space and indicate credit for each use or area.
(g)
Required landscape buffers, floodplains and erosion hazard setbacks shall not be counted towards the usable open space requirement.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.13 Swimming Pool Requirements.
Requirements: A swimming pool may be constructed and operated when:
1.
The pool shall not be located in the required front yard or required side yard abutting a street and must comply with the following conditions:
a.
The pool water's edge shall not be closer than five (5) feet from any property line. Requests to reduce this distance to less than five (5) feet from a property line to water's edge will be considered by the City Administrator or his/her designee provided that the request is accompanied by a letter from a registered professional engineer certifying that the reduced distance will not have a materially adverse effect on any adjacent structure or property; and
b.
Pool depth shall maintain a ratio of at least 1:1 from the nearest foundation to the back pool beam. Requests to encroach onto this ratio will be considered by the City Administrator or his/her designee provided that the request is accompanied by the pool construction plans and a letter from a registered professional engineer certifying that the encroachment will not have a materially adverse effect on any adjacent structure or property.
2.
A wall or fence, not less than five (5) feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area and which children cannot crawl through.
3.
All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties.
4.
No broadcasting 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 a public address system necessary or useful to the supervision of the pool and the safety of swimmers.
5.
Sign requirements for Public Swimming Pools and Spas must comply with the required signage under the Texas Health and Human Services, Section 265.201.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.14 Stormwater Detention.
Unless otherwise approved by the City, above-ground stormwater detention is prohibited within required landscape areas and open space areas unless associated with a lake or body of water that has a constant pool elevation. Additionally, dry detention ponds utilized as amenities may be approved by the City to be within required landscape areas and open space areas. These detention areas are subject to approval by the City and shall be designed to be an amenity for the property that allows the required volume of stormwater to raise the water surface elevation for the duration of the storm.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.15 Site Facilities.
(1)
Clubhouses:
The term "clubhouse" shall mean an indoor space provided as a recreational, meeting, workout/exercise, and event center for use by residents of the complex for activities of all or groups of residents or for periodic reservation by individual residents (subject to complex rules and regulations) for friend and family gatherings or events. Clubhouse(s), which shall be available for use by all residents of the development, shall be required for all multifamily developments and shall be a minimum of one thousand two hundred fifty (1,250) square feet plus an additional five (5) square feet for each bedroom in the development. Space used for offices or on-site shared laundry facilities shall not be included in the required clubhouse space calculation but may be located in the same building and shared lobby or entry space.
(2)
Other recreation:
The Site Plan for each multifamily development shall include open space and/or recreational amenities designed to be compatible with the main buildings of the multifamily development in terms of materials, design, style, and color and shall include at least one (1) swimming pool having a minimum of eight hundred (800) square feet of surface water and at least one (1) of the following recreational facilities: an athletic court (tennis, basketball, volleyball, etc.), a picnic or similar open space area, or a jogging/walking track (collectively, "Recreational Facilities"). In multifamily developments with more than two hundred twenty-five (225) dwelling units, a proportionately larger pool surface water area shall be provided, and a proportionate number of additional Recreational Facilities shall be provided for each dwelling unit above two hundred twenty-five (225) dwelling units. Pool areas of zero to two (2) feet depth shall not be counted toward the required pool surface water area if more than ten percent (10%) of the pool surface water area consists of such shallow areas.
(3)
Play areas:
One play area consisting of at least one thousand (1,000) square feet and at least one (1) piece of playground equipment designed for children 12 years and under, which shall be manufactured, installed, and maintained according to the most recent specifications published by the U.S. Consumer Product Safety Commission and the most recent ASTM playground equipment and installation standards, shall be provided. All playground equipment provided under this subsection shall be consistent with the most recent specifications and standards, except that compliance with manufacturing specifications newer than ninety (90) days before the date of equipment purchase shall not be required. Such play area and playground equipment shall be provided for each multifamily development of two hundred twenty-five (225) dwelling units or less. A proportionate number of additional play areas and playground equipment shall be provided for each multifamily development with more than two hundred twenty-five (225) dwelling units.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.16 Landscape and Landscape Maintenance Requirements.
1.
All plant materials shall be maintained in a healthy and growing condition and must be replaced with plant material of similar variety and size if damaged, destroyed or removed.
2.
Landscaped areas shall be kept free of trash, litter, weeds and other such materials or plants not a part of the landscaping.
3.
Any person, developer or entity desiring to install and maintain landscaping materials and irrigation facilities within the city right-of-way must first enter into and execute a right-of-way landscape and irrigation agreement.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.17 Dwelling Size.
The minimum dwelling size for multifamily units shall be four hundred fifty (450) square feet per bedroom. Efficiency units shall be considered one (1) bedroom units for all calculations under this subsection. A minimum of thirty percent (30%) of the total dwelling units in a multifamily development shall be one (1) bedroom. A maximum of twenty percent (20%) of the total dwelling units in a multifamily development shall be three (3) or more bedroom units.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.18 Construction Requirements.
Flat roofs are prohibited, and a minimum 6:12 roof slope shall be required. HVAC units that are affixed to the window, roof or the roof support are prohibited.
Mailrooms or mail kiosks shall be constructed of the same materials as the main structure. Any exterior mailbox or mail kiosk shall be covered, and the roof of the mailbox or mail kiosk cover shall match the roof of the main structure.
Laundry connections are required within each dwelling unit.
Open or outdoor storage for boats, trailers, and recreational vehicle (RV) parking is prohibited. Companion mini-storage units may address the need for such storage.
(Ordinance 10112022 adopted 10/11/2022)
§ 5.19 Conflicts with other ordinances.
All applicable provisions of the zoning ordinance, subdivision ordinance, building codes, planned development districts and other ordinances shall apply. Where provisions of the zoning ordinance or other ordinances conflict with this Subsection, the more restrictive provision shall control.
(Ordinance 10112022 adopted 10/11/2022)