Bellville City Zoning Code
ARTICLE 14
02 GENERAL DISTRICT REGULATIONS
§ 14.02.001 Establishment of districts.
For the purposes of this chapter, the city is hereby divided into ten (10) districts as follows:
District SF-1. Single-family Residential District - 22,000
District SF-2. Single-family Residential District - 12,500
District SF-3. Single-family Residential District - 7,000
District MH. Manufactured Home Residential District
District MU. Business/Residential Mixed Use District
District C. Commercial
District I. Industrial
District H. Historic
District PD. Planned Development District
District A. Agricultural
[Ordinance 1691 adopted 5/22/2023](Ordinance 1691 adopted 5/22/2023)
§ 14.02.002 Zoning map adopted.
The official zoning map of the city, incorporated herein by reference, is hereby designated and established as a part of this chapter and shall be filed with the city secretary and shall bear the signatures of the city secretary and the mayor.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.003 Interpretation of official zoning district map.
The boundaries of the various districts as enumerated in section 14.02.001 are hereby established as identified on said map. In interpreting the official zoning map, the following rules shall apply:
(1)
The district boundaries are the centerlines of either streets, alleys, other rights-of-way or waterways unless otherwise shown, and where the district designated on the official zoning map is bounded approximately by a street, alley or waterway, the centerline of said street, alley or other rights-of-way shall be construed to be the boundary of the district.
(2)
Where the district boundaries do not coincide with the location of streets, alleys, other rights-of-way or waterways but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
(3)
If unsubdivided property, the district boundary lines on the official zoning map shall be determined by use of the scale appearing on the map.
(4)
Any property on the official zoning district map which does not have a zoning district designation shall be temporarily classified as an Agricultural District. The procedure to be followed for adoption of permanent zoning shall be as provided by law for the adoption of any zoning amendment.
(5)
Where boundaries are indicated as approximately following city limits, they shall be construed as following city limits.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.004 District boundary uncertainty.
Where uncertainty exists with respect to the boundaries of any of the various districts as shown on the official zoning district map, the conflict shall be resolved by utilizing the appeal power of the board of adjustment as set forth in this chapter.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.005 Compliance with regulations.
Except as hereinafter specifically provided:
(1)
No land shall be used except for a purpose permitted in the district in which it is located.
(2)
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.
(3)
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.
(4)
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.
(5)
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the off-street parking and loading regulations of the district in which such building is located.
(6)
The minimum yards, parking spaces, and open spaces, including lot area per family dwelling unit, required by this chapter of each and every building existing at the time of passage of this chapter or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.
(7)
In the event that a nonconforming use of a building or premises is voluntarily discontinued for a period of one year, a presumption shall exist that the owner has abandoned the nonconforming use and thereafter the use of the building or premises shall conform to the provisions of the district in which it is located.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.006 Conditional uses.
(a)
Nature of conditional use; permit required.
(1)
Nature of conditional use.
A conditional use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions. This section 14.02.006 sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use permit (CUP) applications.
(2)
Permit required.
No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within a zoning district until a conditional use permit is issued in accordance with the provisions of this section 14.02.006. An application for a conditional use permit shall be accompanied by a site plan. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in this chapter.
(b)
General rules.
The following general rules apply to all conditional uses:
(1)
The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved;
(2)
Approval of a conditional use permit shall authorize only the particular use for which the CUP is issued;
(3)
No use authorized by a conditional use permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new conditional use permit in accordance with the procedures set forth in this section 14.02.006;
(4)
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this zoning ordinance, the city's Code of Ordinances, or any permits required by regional, state and federal agencies.
(c)
Application for conditional use permit.
(1)
Application requirements.
An application for a conditional use permit may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan. If a zoning amendment is required to authorize the use or as the application is pending, the application for a conditional use permit shall not be considered complete unless accompanied by a copy of the approved zoning ordinance or amendment.
(2)
Subdivision approval.
If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a conditional use permit. Approval of the conditional use permit shall not become effective until final approval of the subdivision application; provided that if the land is to be divided in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
(d)
Procedures for conditional use permits.
(1)
Planning and zoning commission recommendation.
The planning and zoning commission shall conduct a public hearing in order to formulate its recommendations to the city council on the conditional use permit application. Following the public hearing, the planning and zoning commission shall recommend approval, approval subject to modification, or denial of the proposal to the city council. If the appropriateness of the use cannot be assured at the location, the planning and zoning commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.
(2)
City council action.
The city council shall be the final decision-maker on applications for conditional use permits. Following a public hearing and in consideration of the planning and zoning commission's recommendations, the city council shall approve, modify or deny the proposal for a conditional use permit. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.
(e)
Standards.
(1)
Factors for consideration.
When considering applications for a conditional use permit, the planning and zoning commission in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:
(A)
The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
(B)
The proposed use meets all supplemental standards specifically applicable to the use as established by the city;
(C)
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to:
(i)
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;
(ii)
Off-street parking areas, loading areas, and pavement type;
(iii)
Refuse and service areas;
(iv)
Utilities with reference to location, availability, and compatibility;
(v)
Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;
(vi)
Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(vii)
Required yards and open space;
(viii)
Height and bulk of structures;
(ix)
Hours of operation;
(x)
Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets;
(xi)
Provision for pedestrian access/amenities/areas;
(xii)
Impervious coverage percentage; and
(xiii)
Concentration of, or distance from, similar uses.
(D)
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
(2)
Conditions.
In approving the application, the commission may recommend and the city council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section 14.02.006. Any conditions imposed shall be set forth in the action approving the conditional use and shall be incorporated into or noted on the site plan for final approval. The city administrator shall verify that the plan incorporates all conditions, and shall sign the plan to indicate final approval. The city shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.
(f)
Amendment.
No proposed or existing building, premise or land use authorized as a conditional use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the conditional use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this chapter, and the conditional use permit and approved site plan are amended accordingly.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.007 Public uses.
Public uses, such as parks, playgrounds or other public recreational facilities, community buildings, utilities, police and fire stations, and public elementary, middle or high schools that are owned and/or operated by the municipality or other governmental jurisdiction are not regulated by zoning, but with intragovernmental and intergovernmental planning and coordination, such public uses should be located in the zoning districts for which they are best suited.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.008 Accessory uses and structures.
(a)
Authorization.
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district, provided that all accessory structures or uses shall meet the development regulations for the zoning district in which the structure or use is located.
(b)
Accessory structures, location and regulation.
(1)
All detached accessory structures in any residential district shall be located behind the closest point of the primary structure to the front property line and shall have a side and rear yard of not less than five (5) feet.
(2)
On a building lot having an area of less than one (1) acre no accessory structure shall exceed the height of the principal structure to which it is an accessory. Notwithstanding the provisions of this section an amateur radio tower designed in conformance with FCC regulations shall be permitted as an accessory use to a maximum height of sixty (60) feet. This section shall not apply to accessory dwelling units.
(3)
All accessory structures or uses shall be subordinate to and supportive of the principal use and structure.
(4)
Additional standards pertaining to accessory dwelling units (ADUs):
(A)
Should the primary use be a single-family dwelling, the property owner's primary residence shall be the single-family dwelling or ADU.
(B)
An ADU must be designed and constructed keeping with the general architecture and building material of the principal structure.
(C)
An attached ADU shall be subject to the regulations affecting the principal structure. A detached ADU shall have side yards of not less than the required side yard for the principal structure and rear yards of not less than ten (10) feet.
(D)
One (1) on-site parking space, located to the side or rear of the primary structure, shall be provided for the ADU in addition to the required parking for the principal structure.
(E)
The maximum habitable area of an ADU is limited to either one-half (1/2) of the habitable area of the principal structure, or one thousand (1,000) square feet, whichever is smaller.
(F)
ADUs shall not be a HUD-code manufactured home or mobile home.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.009 Performance standards.
(a)
Compliance required.
No land, structures or uses in any district of the city shall create any dangerous, injurious, noxious, or otherwise objectionable fire, noise or vibration, air pollution, odorous matter, fire and explosive hazard material, toxic and noxious matter, vibration, open storage and glare in such an amount as to adversely affect the surrounding area or adjoining premises. In the event of conflict between any of the specific provisions or sections of this chapter with regulations of the Environmental Protection Agency, the Occupational Health and Safety Administration and the Texas commission on Environmental Quality, then the most restrictive provisions shall be deemed controlling. Permitted uses as set forth in this chapter shall be undertaken and maintained only upon the condition that they conform to the regulations of this section.
(Ordinance 1691 adopted 5/22/2023)
§ 14.02.010 Home occupations.
(a)
Authorization.
A home occupation shall be permitted in any residential dwelling unit, provided that it is clearly incidental and subordinate to the use of the premises for dwelling purposes and in conformance with the provisions below.
(b)
Purpose.
To insure the protection of the residential character of the neighborhood and to insure that home occupations shall not interfere with the use of surrounding homes as places of residence regulations are imposed on the operation of home occupations. Permitted home occupations shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by such a person as his or her private residence, and provided that no assistant not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same. Additional specific examples of permitted home occupations include, but are not limited to:
(1)
Dressmaking, sewing, and tailoring:
(2)
Painting, sculpturing, or writing;
(3)
Telephone answering services;
(4)
Home crafts such as model making, rug weaving, lapidary work, etc.;
(5)
Tutoring, limited to three (3) students at a time;
(6)
Computer programming;
(7)
Office, professional or service;
(8)
A home occupation day care facility shall be allowed for a maximum of three (3) children. A home occupation state licensed day care facility may have more than three (3) children with a maximum of twelve (12) children with the approval of a conditional use permit. Existing state licensed home day care facilities with twelve (12) or less children, that are in operation at the time of the effective date of this section, may remain to operate as an existing nonconforming use;
(9)
Services performed by a beautician licensed by the State of Texas.
(c)
Limitations on home occupations.
A home occupation is a permitted use in a residential neighborhood only if less than fifty (50) percent of the floor space is allocated to the home occupation, is used by a resident of the home where the home occupation is located and is not described as a prohibited activity as provided below. However, no home occupations including those described above shall be permitted that does any of the following:
(1)
Changes the outside appearance of the dwelling;
(2)
Is visible from the street;
(3)
Generates traffic, parking, sewage, electrical, or water use in excess of what is normal in the residential neighborhood;
(4)
Results in the off-street or on-street parking of more than two (2) vehicles at any one time not owned by members of the occupant family;
(5)
Creates a hazard to persons or property;
(6)
Results in electrical interference;
(7)
Is a nuisance;
(8)
Results in the outside storage or display of anything;
(9)
Includes employment within the home or on the premises of persons other than members of the occupant family;
(d)
Prohibited home occupations.
The following are specifically prohibited as home occupations:
(1)
Barber, beauty, and other personal service, unless the provision of such services is conducted within the limitations of a home occupation in subsection (c) of this section;
(2)
Animal hospitals, stables, or kennels;
(3)
Dance studios, schools;
(4)
Mortuaries;
(5)
Private clubs;
(6)
Repair shops;
(7)
Restaurants;
(8)
Automobile paint or repair shops;
(9)
Doctor, dentist, veterinarian, or other medically related office;
(10)
Rooming/boarding/lodging house.
(Ordinance 1691 adopted 5/22/2023)