Bertram City Zoning Code
ARTICLE II
ZONING DISTRICTS AND REGULATIONS
§ 20 General Requirements and Limitations.
(a)
Conformity to Zoning District Required.
No building shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered.
(b)
Signs and Billboards.
No sign or billboard shall be erected, moved, altered, added to, enlarged, painted, or modified unless it shall conform to the provisions of this Ordinance and all applicable City ordinances governing the placement, location, permitting, construction and maintenance of signs. Except as otherwise expressly authorized by ordinance, all off-premises signs and billboards are expressly prohibited.
(c)
Structures and Buildings.
No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable City codes and ordinances, and such work and structure shall:
(i)
Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.
(ii)
Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:
(A)
The height limits prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, flag poles, and necessary mechanical appurtenances. The height limits and other applicable regulations for television, radio and communications towers and antennas may be established by separate ordinance.
(B)
Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards is increased by one (1) foot for each two (2) feet of additional building height above the height limits for the district in which the building is located.
(d)
Accessory Structures and Uses.
Accessory structures designed, constructed and located for a use permitted in the district, in compliance with this Ordinance and all other applicable City ordinances, are permitted in each zoning district.
(e)
Conformity to Construction Plan Requirements.
No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless Construction Plans meeting the requirements of this Ordinance have been approved by the City Engineer and/or City Building Official.
(f)
Conformity to Parking and Loading Space Requirements.
No structure or building shall be erected, converted, enlarged, reconstructed, or structurally altered unless it shall conform to the off-street parking and loading requirements of this Ordinance.
(g)
Conformity to Landscaping and Screening Requirements.
No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered unless it shall conform to the landscaping and screening requirements of the this [sic] Ordinance.
(h)
Conformity to Building Setback Requirements.
No yard or other open space provided around any structure or building for the purpose of complying with provisions of this section shall be considered as providing a yard or open space for a building on any other lot.
(i)
Outdoor Lighting.
All outdoor lighting shall be installed and maintained in compliance with all applicable city ordinances. Such lighting shall be located and maintained in a manner as to not be directed onto any public street or adjacent property; provided that such lighting may be directed directly down upon a public street as provided for streetlights.
(i)
Multifamily, Business and Industrial.
Outdoor lighting for multifamily, general retail, commercial, office and industrial property will be in accordance with the provisions of this Ordinance and the City building codes. A lighting plan shall be included with the site plan submitted for a building permit.
(ii)
Residential.
Outdoor lighting on residential property will be installed in accordance with applicable City ordinances. It will be located so as not to be directed directly upon adjoining property or create a nuisance for adjoining property owners. Lighting used for security purposes, which will be operated during night hours will be located as close as is practicable to main dwellings.
(j)
Height and Placement Requirements.
Except as otherwise specifically provided in this Ordinance, no building shall be erected or maintained within the required building setbacks set forth herein, or which exceeds the height limits specified in the following Chart 1.
Chart 1 | |||||||
|---|---|---|---|---|---|---|---|
Zoning District | Front Setback | Side Setback | Street Side Yard Setback | Rear Setback | Min. Lot SF Area | Min. Lot Width | Height Limit |
A | 25 ft. | 25 ft. | 25 ft. | 25 ft. | 43,500 | 150 ft. | 45 ft. |
UE | 25 ft. | 25 ft. | 25 ft. | 25 ft. | 22,500 | 100 ft. | 45 ft. |
R-1-1 | 25 ft. | 5 ft. | 15 ft. | 25 ft. | 7,200 (1) | 60 ft. (1) | 35 ft. |
R-1-2 | 25 ft. | 5 ft. | 15 ft. | 25 ft. | 7,500 | 60 ft. | 35 ft. |
R-1-A | 25 ft. | 5 ft. (2) | 15 ft. | 15 ft. | 4,000 | 35 ft. | 35 ft. |
R-2 | 25 ft. | 7 ft. | 15 ft. | 25 ft. | 9,000 | 80 ft. | 35 ft. |
R-3 | 25 ft. | 7 ft. | 15 ft. | 25 ft. | 10,000 | 80 ft. | 35 ft. |
R-4-1 (3) | 25 ft. | 15 ft. | 15 ft. | 25 ft. | (5) | 80 ft. | 35 ft. (6) |
R-4-2 (3) | 25 ft. | 15 ft. | 15 ft. | 25 ft. | (5) | 80 ft. | 35 ft. (7) |
R-4-3 (3) | 25 ft. | 20 ft. | 15 ft. | 25 ft. | (5) | 80 ft. | 45 ft. (8) |
M-1 (4) | 25 ft. | 5 ft. | 15 ft. | 25 ft. | 7,200 (1) | 60 ft. (1) | 35 ft. |
M-2 (4) | 25 ft. | 5 ft. | 25 ft. | 25 ft. | 7,200 (1) | 60 ft. (1) | 35 ft. |
M-3 (4) | 25 ft. | 5 ft. | 15 ft. | 15 ft. | 7,200 (1) | 60 ft. (1) | 35 ft. |
C | 25 ft. | 7 ft. | 15 ft. | 15 ft. | 6,000 | 50 ft. | 45 ft. |
C-1 | 25 ft. | 10 ft. | 15 ft. | 15 ft. | 6,000 | 50 ft. | 45 ft. |
CBD | (10) | (10) | (10) | (10) | (10) | (10) | (10) |
O | 25 ft. | 5 ft. | 15 ft. | 15 ft. | 6,000 | 50 ft. | 35 ft. |
LI | 25 ft. | 25 ft. | 25 ft. | 25 ft. | 9,000 | 80 ft. | 45 ft. |
HI | 50 ft. | 50 ft. | 50 ft. | 50 ft. | 43,500 | 150 ft. | 45 ft. |
PUD | (9) | (9) | 15 ft. | (9) | 3 acres | None | 45 ft. |
H | (10) | (10) | (10) | (10) | (10) | (10) | (10) |
(1) | On approval by the Commission, up to 25% of R-1 lots may be less than 7,200 sf in area but not less than 6,500 sf. |
(2) | Side Yard setback for the R-1-A District is ten (10) feet on one (1) side, and a zero lot line is permitted on the other side. |
(3) | See Section 30(c). |
(4) | See Section 31(c). |
(5) | Minimum lot area for property in any R-4 District is 12,000 sf. plus an additional 1,500 sf for each dwelling unit in excess of four (4) units; provided that the density limitations set forth for each such district shall apply. |
(6) | Not to exceed one (1) stories. |
(7) | Not to exceed two (2) stories. |
(8) | Not to exceed three (3) stories. |
(9) | See section 40. |
(10) | The Conditions and Limitations, Setbacks and Lot requirements set forth in Chart 1 applicable to the District governing the proposed base use of the property shall apply within this District, i.e. if the proposed use of property within the District is a use provided for in the C-1 District the conditions and limitations applicable to the C-1 District shall apply to the property. |
(k)
Lot Coverage.
The maximum percentage of lot area which may hereafter be covered by the main building(s) and all accessory buildings shall not exceed that set forth in the following Chart 2. In the following zoning districts, the maximum building lot coverage for multiple-family dwellings must conform to the following schedule:
Chart 2 | ||
|---|---|---|
District | Maximum Lot Coverage Main Building(s) | Coverage Main Buildings and All Accessory Buildings |
R-4 | 40% | 50% |
C and C-1 | 60% | 70% |
CBD | 60%* | 70% |
O | 50% | 60% |
LI | 50% | 60% |
HI | 40% | 45% |
Open off-street parking and loading areas will not be considered as lot coverage under this subsection. |
*To preserve the history and small town ambiance of the several city blocks that have historically served as the downtown business area, the City Council may, on the recommendation of the Historic Preservation Commission and based on a site plan and proposed building plans that are compatible with existing buildings, waive the maximum lot coverage on a case-by-case basis, permit common walls between properties, and make other exceptions as necessary to preserve the historic character of the area. |
(l)
Floor Area Ratio.
Except as hereinafter provided, no building or structure may be erected, added to or altered to exceed the maximum floor area ratio standards in the various zoning districts as set forth in the following Chart 3. In the following zoning districts, the maximum floor area ratio (FAR) for any building or structure shall be as follows:
Chart 3 | |||
|---|---|---|---|
District | Building Area - Maximum Floor Area Ratio | Land Area | |
C and C-1 | 1.8 | to | 1 |
CBD | 1.8 | to | 1 |
O | .8 | to | 1 |
LI | 1.5 | to | 1 |
HI | 1.2 | to | 1 |
Structures used for off-street parking of vehicles shall not be included in calculating building area to determine floor area ratio (FAR) standards. |
(m)
Parking.
Automotive vehicles or trailers not bearing current license plates and state motor vehicle inspection stickers, excluding racing cars, antique cars, and cars belonging to members of armed forces who are on active duty, shall be parked or stored on any residential area only in completely enclosed buildings. No vehicle, trailer or major recreational equipment shall be parked or stored on any lot except that it shall be enclosed in a building or parked on a driveway or a concrete, paved or stone pad installed for such purpose and subject to the requirements herein.
(i)
Parking Regulations.
Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this Ordinance, designated on-street and off-street parking spaces shall be provided in a number not less than as provided in Chart 4 set forth hereinafter.
(ii)
Handicap Parking.
Nonresidential handicap parking requirements are a minimum of one space for under fifty parking spaces, then one additional space for over fifty parking spaces up to one hundred spaces, and then one space per one hundred spaces up to five hundred. Over five hundred it is one percent of total parking spaces. Dimensional requirements are twelve-foot (12') width and eighteen-foot (18') depth per handicap space. The location and design of handicapped parking spaces shall be as required by ordinance.
(iii)
Maximum Parking.
The maximum number of parking spaces for a general retail, commercial, office or industrial use area shall not exceed 150% of the parking required pursuant to Chart 4.
(iv)
Reduction of Parking.
The total number of required motor vehicle parking spaces for a nonresidential use may be reduced by 5% for each of the activities listed below provided by the owners or operators, up to a maximum 10% reduction in the total number of motor vehicle spaces,
(A)
participate in an area-wide carpool/vanpool ride matching program for employees; designating at least 10% of the employee motor vehicle parking spaces as carpool/vanpool parking and placing such spaces closer to the building than other employee parking;
(B)
providing showers and lockers for employees who commute by bicycle;
(C)
providing covered, secured bicycle parking racks or facilities;
(D)
providing a transit facility that is approved by the local transit authority, and related amenities. Related amenities include, but are not limited to, a public plaza, pedestrian sitting areas, and additional landscaping.
(v)
Development and Maintenance Standards for Parking Areas.
Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:
(A)
Off-street parking areas for more than five vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting, on each side which adjoins a residential use or property situated in a Residential Area.
(B)
Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents.
(C)
Access aisles shall be of sufficient width for vehicular turning and maneuvering.
(vi)
Council Determination.
Off-street and on-street parking for all uses not within the categories above shall be adequate to meet the anticipated needs and shall be determined by the City Council using standards outlined for special exception and with a view towards providing adequate parking and carrying out the general scheme of the parking requirements herein set out.
(vii)
Special Exception.
The City Council may grant a special exception to allow two or more uses to share parking spaces upon a showing that the particular uses in question will require parking at different times. Any spaces the Council allows to be shared count toward the number of spaces each use must provide.
Chart 4 | |
|---|---|
Use | Number of Parking Spaces (1) |
Residential dwellings, single- to multi-family, and manufactured homes | Two spaces minimum for each living unit, and one-half (1/2) space for each additional bedroom above two. |
Warehouses, manufacturing plants and other similar commercial establishments not catering to the general public. | One space per 1,000 feet of gross floor area |
Hotels, Motels and similar transient accommodations | One space per bedroom and one space for each two employees |
Rest homes, Hospitals, Nursing Homes, Convalescent Homes, sanitariums, and similar uses. | One space for each two employees, and |
One space for each four patient beds | |
Bars, Cafes, Restaurants, Taverns, Nightclubs, and similar uses. | One space for every four seats provided for customer services |
Banks, Offices, financial lending institutions, gasoline stations, personal service shops, retail establishments, shopping centers and similar uses catering to the general public. | One space for each 250 feet of gross floor area |
(1)
The City Council may, based on a site plan approved by the City Council, waive all or part of these parking space requirements for buildings within the CBD District.
(n)
Uses Noncumulative.
Uses within each District are restricted solely to those uses expressly permitted in each District, and are not cumulative unless so stated.
(o)
Exceptions.
Nothing in this section shall prohibit the approval of a comprehensive zero-lot-line residential development or other innovative housing development in compliance with the other terms and provisions of this Ordinance.
(p)
Mandated Exceptions.
To the extent required by state or federal law, a Personal Care Facility is an additional permitted use in any zoning district; provided that:
(i)
Homes and residential units not designed and constructed in compliance with the ordinance and code requirements applicable to multiple occupancy residential buildings and nursing homes, shall meet the following requirements:
(A)
the structure shall comply with provisions of the Fire Code, Electrical Code and Building Code that are applicable to nursing homes;
(B)
there shall be two (2) parking spaces, plus one additional space for each three residents;
(C)
there shall be not less than fifty square feet of living space within a sleeping room for each occupant assigned to such room;
(D)
there shall be not less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and
(E)
the structure and operation shall comply with the standards established by the Texas Department of Human Services as licensing standards for personal care facilities for a Type B facility.
(ii)
The Home must meet all applicable State licensing requirements;
(iii)
A Personal Care Facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six (6) residents during waking hours;
(iv)
A Personal Care Facility may not have more than fifteen (15) residents.
(Ordinance 26-2001, sec. 20, adopted 10/9/01; Ordinance 26-032415, pt. 1(B), adopted 3/24/15)
§ 21 Establishment of Zoning Districts.
(a)
The City is hereby divided into twenty (20) zoning districts and the “Historic (H)” overlay district. The use, height and area regulations as set out herein shall be uniform in each district. The twenty (20) districts established shall be known as:
Abbreviated Designation | Zoning District Name | |
|---|---|---|
A | Agricultural - District A | District A |
UE | Urban Estate - District UE | District UE |
R-1-1 | Single-Family Residential | District R-1-1 |
R-1-2 | Single-Family Residential | District R-1-2 |
R-1-A | Single-Family Attached | District R-1-A |
R-2 | Residential Two-Family | District R-2 |
R-3 | Residential Multi-plex | District R-3 |
R-4-1 | Multifamily Residential | District R-4-1 |
R-4-2 | Multifamily Residential | District R-4-2 |
R-4-3 | Multifamily Residential | District R-4-3 |
M-1 | Manufactured Housing 1 | District M-1 |
M-2 | Manufactured Housing 2 | District M-2 |
M-3 | Manufactured Home Park | District M-3 |
C | Commercial | District C |
C-1 | Restricted Commercial | District C-1 |
CBD | Central Business District | District CBD |
O | Office | District O |
LI | Light Industrial | District LI |
HI | Heavy Industrial | District HI |
PUD | Planned Development District | District PUD |
H | Historic Overlay District | Overlay H |
(b)
Zoning Map.
The location and boundaries of the Districts herein established are shown upon the Zoning Map, which is hereby incorporated and made a part of this Ordinance; provided than such uses as listed but not shown on the zoning map are provided for future growth and use upon amendment of the Comprehensive Plan. It shall be the duty of the City Building Official to maintain the Zoning Map together with all notations, references, and other information shown thereon and all amendments thereto.
(c)
District Boundaries.
Where uncertainty exists with respect to the boundaries of the established districts as shown on the Zoning Map, the following rules shall apply:
(i)
Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.
(ii)
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(iii)
Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of [or] right-of-way lines of highways such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map.
(iv)
In subdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map.
(v)
If a district boundary line divides a property into two (2) parts, the district boundary line shall be construed to be the property line nearest the district line as shown.
(vi)
Whenever any street, alley or other public way is vacated by the City Council, the zoning district shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the districts as extended.
(vii)
Where the streets on the ground differ from the streets shown on the Zoning Map, those on the ground shall control.
(d)
Lesser Included Uses.
Certain less restricted uses will be allowed in areas not specifically zoned for these uses.
(i)
All single- and two-family residential uses (R-1-1, R-1-2, R-1-A, and R-2) are considered lesser included uses and allowed in multifamily residential districts (R-4-1, R-4-2 and R-4-3), manufactured home districts (M-1, M-2 and M-3) and commercial districts (C and C-1).
(ii)
The table below shall be used to determine the allowed lesser included uses for all zoning districts, other than the Historic Overlay District, included on the zoning map established at the adoption of Ordinance 26-2001.
The table as read from left to right will show in which zoning districts the uses of the zoning district in the first column are allowed. For example: A is only allowed in districts zoned A, LI and HI
The table as read from top to bottom shows which zoning district uses are allowed in the zoning district in the top row. For example: The only allowed uses in an area zoned A are those specifically set out in A and R-1-1.
Zoning District | A | R-1-1 | R-4-2 | M-2 | C | C-1 | LI | HI |
|---|---|---|---|---|---|---|---|---|
A | – | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Allowed | Allowed |
R-1-1 | Allowed | – | Allowed | Allowed | Allowed | Allowed | Not Allowed | Not Allowed |
R-4-2 | Not Allowed | Not Allowed | – | Not Allowed | Allowed | Allowed | Not Allowed | Not Allowed |
M-2 | Not Allowed | Not Allowed | Not Allowed | – | Allowed | Allowed | Not Allowed | Not Allowed |
C | Not Allowed | Not Allowed | Not Allowed | Not Allowed | – | Not Allowed | Allowed | Allowed |
C-1 | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Allowed | – | Allowed | Allowed |
LI | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Not Allowed | – | Allowed |
HI | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Not Allowed | Not Allowed | – |
(Ordinance 26-2001, sec. 21, adopted 10/9/01; Ordinance 229-032613 adopted 3/26/13)
§ 22 Zoning of Annexed Areas.
(a)
Interim Zoning District.
All territory hereafter annexed to the City shall be automatically classified as Agricultural District “A”, pending subsequent action by the Commission and Council for permanent zoning; provided that upon application, by either the City or the property owner of the land being annexed, for zoning other than Agricultural, notice may be given and hearings held in compliance with Chapt. 211, Tex. Loc. Gov’t. Code, and, upon annexation, such property may be permanently zoned as determined by the City Council after considering the Commission’s recommendation.
(b)
Permits in Interim Zoned Areas.
In an area temporarily classified as Agricultural District “A”, no permits for the construction of a building or use of land other than uses allowed in said District under this Ordinance shall be issued by the City Building Official.
(Ordinance 26-2001, sec. 22, adopted 10/9/01)
§ 23 Agricultural District - District “A”.
Allows farming, ranching, pasturage, detached single-family residences and related accessory structures, on a minimum one-acre tract. Parks, playgrounds, greenbelts and other public recreational facilities, owned and/or operated by the municipality or other public agency are permitted.
(Ordinance 26-2001, sec. 23, adopted 10/9/01)
§ 24 Urban Estate District - District “UE”.
Permits detached single-family residential dwellings with a minimum of 1,000 square feet of living area and related accessory uses on lots that are a minimum of 22,500 square feet in size. Parks, playgrounds, greenbelts and other public recreational facilities, owned and/or operated by the municipality or other public agency are permitted.
(Ordinance 26-2001, sec. 24, adopted 10/9/01)
§ 25 Single-Family Residential - District “R-1-1”.
(a)
Purpose and Permitted Uses.
Permits detached single-family residences with a minimum of 1,000 square feet of living area and permitted accessory structures on a minimum lot size of 7,200 square feet (On approval by the Commission, up to 25% of R-1 lots may be less than 7,200 square feet in area but not less than 6,500 square feet).
(b)
Additional Permitted Uses.
(i)
Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.
(ii)
Public buildings, including libraries, museums, police and fire stations.
(iii)
Real Estate sales offices during the development of a residential subdivision but not to exceed two (2) years. Display dwellings with sales offices, provided that if said display dwellings are not moved are [or] converted to a permitted use within a period of one (1) year, specific permission must be obtained from the City Council for said display houses to remain.
(iv)
Schools, public elementary or high schools.
(v)
Schools, private, with curriculum equivalent to that of a public elementary or high school.
(vi)
Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.
(vii)
Water supply reservoirs, pumping plants and towers.
(viii)
Accessory Structures and Uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.
(ix)
Churches.
(x)
A billboard, signboard, or advertising sign shall generally not be permitted as an accessory use. The placing of a non-illuminated “For Sale” or “For Rent” sign not more than eight (8) square feet in area may be permitted as an accessory use. Churches and other institutions may display signs showing names, activities and services therein provided. During construction of a structure or building one (1) non-illuminated sign advertising contractors or architects on such premises shall be permitted provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(xi)
Home Occupations.
(Ordinance 26-2001, sec. 25, adopted 10/9/01)
§ 26 Single-Family Residential - District “R-1-2”.
(a)
Purpose and Permitted Uses.
Permits detached single-family residences with a minimum of 1,300 square feet of living area and permitted accessory structures on a minimum lot size of 7,300 square feet.
(b)
Additional Permitted Uses.
As set forth in Section 25(b).
(Ordinance 26-2001, sec. 26, adopted 10/9/01)
§ 27 Single-Family Attached - District “R-1-A” - Garden Home.
(a)
Purpose and Permitted Uses.
Permits attached single-family structures with a minimum of 750 square feet of living area and permitted accessory structures on a minimum lot size of 4,000 square feet. The single-family residences authorized in this zoning district include those generally referred to as garden homes, patio homes and zero-lot-line homes.
(b)
Additional Permitted Uses.
(i)
Temporary buildings for uses incidental to construction work on the premises, to be removed upon the completion or abandonment of construction work.
(ii)
Accessory Structures and Uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.
(iii)
The placing of a non-illuminated “For Sale” or “For Rent” sign not more than eight (8) square feet in area may be permitted as an accessory use. During construction of a structure, one (1) non-illuminated sign advertising contractors or architects on such premises shall be permitted provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(Ordinance 26-2001, sec. 27, adopted 10/9/01)
§ 28 Residential Two-Family - District “R-2” Duplex.
(a)
Purpose and Permitted Uses.
Permits single-family dwellings and duplex housing not to exceed 8 units per acre. Two (2) family dwellings shall have a minimum living area on each side of nine hundred (900) square feet.
(b)
Additional Permitted Uses.
As set forth in Section 25(b).
(Ordinance 26-2001, sec. 28, adopted 10/9/01)
§ 29 Residential Multi-Plex - District “R-3”.
§ 30 Multifamily Residential - District “R-4-1”, “R-4-2”, and “R-4-3”.
(a)
Permitted Uses.
Permits typical garden apartment development with buildings not exceeding 1 story in Districts zoned R-4-1, 2 stories in Districts zoned R-4-2, and 3 stories in Districts zoned R-4-3. There shall not be more than 14 units per acre, and with apartments or units having a minimum living area of 500 square feet.
(b)
Conditions and Limitations.
(i)
More than one building or structure may be located on a lot.
(ii)
Any structure not facing a public street shall face upon a courtyard having a minimum width of forty-five (45) feet between structures and any appurtenances thereto, which courtyard shall have direct access to a public street or a parking lot abutting a public street.
(iii)
No exterior walls of any two (2) buildings, any one of which buildings contains an apartment or living unit and either one of which exterior walls includes any window or door, and which walls are parallel or within 45 degrees of being parallel, shall be closer together than a horizontal distance of forty-five (45) feet.
(iv)
All buildings and structures shall, except as provided in (iii) above, be separated by a minimum horizontal distance of eight (8) feet.
(v)
Unless otherwise satisfied pursuant to the City’s Subdivision Ordinance, one (1) acre per one hundred (100) dwelling units, or 5% of the total site area, whichever is greater, shall be provided to satisfy the recreational space requirements; provided that the Council may, at its discretion, require the payment of the established fee in lieu of land dedication for each such dwelling unit. Such recreational open space shall be located or arranged so as to function as a recreational area and be uniformly beneficial to all of the dwelling units in the project or development. Open space required to separate structures shall not be considered to be a part of the required recreational open space.
(vi)
Parking:
(A)
There shall be a minimum five (5) foot setback from the rear-most wall of any garage, and from the curb line of any parking area, to the nearest property line.
(B)
Garages and covered parking, if any, may be attached or detached.
(C)
A minimum of two (2) off-street parking spaces shall be provided for each living unit. All off-street parking and driveways shall be improved with all-weather asphalt, concrete, or paving stones, and curb and gutter.
(vii)
The Commission and the Council may consider number of units proposed, the availability of mass transit and the impact the development may have on existing traffic patterns, with respect to any application for multifamily zoning.
(viii)
See Chart 1.
(ix)
See Chart 4.
(Ordinance 26-2001, sec. 30, adopted 10/9/01)
§ 31 Manufactured Home - Districts “M-1”, “M-2”, and “M-3”.
(a)
Authorized in Specified Areas.
No manufactured home may be located in any District other than “M-1”, “M-2” or “M-3” Districts only.
(b)
Mobile Homes (see definition in Section 5).
Individual lots platted prior to the date of this Ordinance and zoned “RM-1” will be zoned “M-1” and may be used and occupied by mobile homes and manufactured homes; provided that no mobile home shall be hereafter placed or installed on any lot, tract or parcel of land within the city.
(c)
Conditions and Limitations.
(i)
Manufactured Homes must have a minimum of six hundred (600) square feet of living area.
(ii)
Manufactured Homes must be skirted within ninety (90) days from date installed.
(iii)
Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.
(iv)
See Chart 1.
(v)
See Chart 4.
(d)
Standards.
The installation, occupancy and maintenance of manufactured homes in Districts M-1, M-2, and M-3 shall be subject to the following provisions.
(i)
No outside horizontal dimension shall be less than 14 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.
(ii)
The exterior siding material, excluding skirting, shall be nonmetallic.
(iii)
The structures shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the federal Mobile Home Construction and Safety Standards in effect on the date of manufacture, or other such applicable standards as required by state or federal law. Any such structure without such certification, but meeting all other requirements, may be accepted as safe and quality construction provided it meets the following criteria;
(A)
All electrical material, devices, appliances, and equipment are in sound and safe condition. Aluminum conductors are not acceptable.
(B)
All mechanical systems including space and water heating, are in sound and safe condition.
(C)
All plumbing, gas piping, and wastewater systems are in sound and safe condition.
(D)
The unit is in sound and safe structural condition. Uncompressed finish floorings greater than 1/8 inch in thickness beneath load-bearing walls that are fastened to the floor structure are not acceptable. Any such structure that shows signs of fire damage will not be acceptable.
(E)
The determination of the foregoing acceptance of any noncertified unit shall be made by the Building Official and/or the Fire Marshal.
(iv)
Manufactured homes shall be installed in accordance with the following criteria:
(A)
By a person licensed by the State of Texas in compliance with state law, or the frame shall be supported by, and tied to, a foundation system capable of safely supporting the loads imposed as determined from the character of the soil. The minimum acceptable foundation design shall be a series of eight-inch grout-filled concrete block piers spaced no more than eight feet on center and bearing on 12" x 12" solid concrete footings. A tie-down and anchoring system separate and apart from the foundation ties shall be provided as recommended by the manufacturer, if different from the foundation ties.
(B)
Axle and hitch assemblies shall be removed at the time of placement on the foundation.
(C)
Each manufactured home shall be totally skirted with metal, masonry, pressure-treated wood, or other nondegradable material which is compatible with the design and exterior materials of the primary structure.
(D)
Electrical power supply shall be from a meter installation on the mobile home, or from a permanent meter pedestal.
(E)
Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings.
(F)
Garage and carport additions are permitted, provided they cover a paved parking area and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
(G)
Patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.
(H)
Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.
(I)
All accessory structures and additions shall comply with all applicable city ordinances.
(e)
Site Development Regulations.
The average depth of the lot shall not be less than one hundred twenty (120) feet, except a corner lot, having a minimum width of not less than ninety (90) feet may have an average depth of less than one hundred twenty (120) feet provided that the minimum depth is no less than ninety (90) feet.
(Ordinance 26-2001, sec. 31, adopted 10/9/01)
§ 32 Manufactured Home Subdivision - District “M-2”.
(a)
Purpose and Permitted Uses.
Property and areas of the City zoned “M-2” may be planned, used, approved, platted and occupied as a Manufactured Home Subdivision with lots sold and conveyed to individual lot owners. Land and areas of the City zoned “M-2” and having an approved subdivision plat may be used for manufactured homes having a minimum of 600 square feet of living area.
(Ordinance 26-2001, sec. 32, adopted 10/9/01)
§ 33 Manufactured Home Park - District “M-3”.
(a)
Purpose and Permitted Uses.
Property and areas of the City zoned “M-3” may be planned, used, approved, platted and occupied as a Manufactured Home Park with lots held under common ownership and rented or leased to individual tenant occupants. Land and areas of the
City zoned “M-3” and having an approved subdivision plat may be used for manufactured homes having a minimum of 600 square feet of living area.
(b)
Additional Permitted Uses.
(i)
One manufactured home on each approved space or lot.
(ii)
Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot.
(iii)
Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the Manufactured Home Park.
(iv)
Accessory buildings for use by the owner or manager of the Mobile Home Park.
(v)
One single-family dwelling unit on a 6,500 square foot or larger lot for use as the owner’s or manager’s residence.
(c)
Conditions and Limitations.
(i)
Design Requirements.
A development designed as a manufactured home park shall meet all requirements of this ordinance and all requirements of the city subdivision ordinance. The development shall include amenities and be designed for the explicit purpose of renting or leasing of sites and shall not be construed to permit the sale of such spaces or lots.
(ii)
Conversion.
At no time may a manufactured home park be converted to a manufactured home subdivision without first complying with all requirements of the city subdivision ordinance then in effect, receiving approval by the City Council, and being rezoned to M-2.
(iii)
Through Traffic.
No through traffic shall be permitted in a Manufactured Home Park. (Note that the subdivision ordinance prohibits dead-end streets and cul-de-sacs greater than 600 feet in length.)
(iv)
Perimeter Fence.
A perimeter fence shall be required, unless otherwise approved by the Commission.
(Ordinance 26-2001, sec. 33, adopted 10/9/01)
§ 34 Commercial - District “C”.
(a)
Purpose and Permitted Uses.
This district allows general retail and commercial uses in the following listed use areas:
(i)
Bakeries with goods primarily prepared for in-store retail sales on-site, and wholesale bakeries.
(ii)
Banks, savings and loans, credit unions and financial services.
(iii)
Dancing and music academies.
(iv)
Florist shops, greenhouses and nurseries with outdoor service and display.
(v)
Personal service uses including barbershops, beauty parlors, photographic or artist studios, messengers, newspaper or telegraphic agencies, dry cleaning and pressing substations, dressmaking, tailoring, shoe repairing, repair of household appliances, electronics and bicycles, catering and other personal service uses of similar character.
(vi)
Schools, business, commercial, public, denominational, kindergarten and pre-school, college, university, dormitory and group student housing.
(vii)
Convenience store, retail food store, grocery stores and supermarkets (alcohol sales only with conditional use permit).
(viii)
Sale of new automobile parts.
(ix)
Religious assembly, church or rectory.
(x)
Restaurant, cafe or cafeteria, drive-in eating establishment (alcoholic beverage sales only with a conditional use permit).
(xi)
Golf course (commercial), playfield or stadium (public).
(xii)
Apartment hotel, assisted retirement living, boarding house, bed & breakfast, convalescent home, family home, home for the aged, halfway house, group day care, hotels, motels, tourist home, trailer camp or park and day camp.
(xiii)
Lumber yards and building materials storage yards.
(xiv)
Parking lots, helistop, heliport and taxi stations.
(xv)
Telephone exchange, postal facilities, communication services, public utility substations, and radio and television broadcasting stations and studios, excluding broadcasting towers.
(xvi)
Child care center (small, intermediate and large) and child development facilities.
(xvii)
Cleaning and laundry self-service shop and cleaning shop or laundry (small) and laundry services.
(xviii)
Clinic and safety services.
(xix)
Cultural services and community center (public and private).
(xx)
Mini-Storage warehouse and storage garage.
(xxi)
Recycling collection use.
(xxii)
Shopping center.
(xxiii)
Farm implement display and sales room.
(xxiv)
Amusement (indoor and outdoor), swimming pool (commercial), drive-in theaters, commercial amusement and stables.
(xxv)
Frozen food lockers and cold storage plant.
(xxvi)
Carpentry, painting, plumbing and tinsmiths shops and wood yards.
(xxvii)
Cemetery.
(xxviii)
Automobile repair (minor), neighborhood automobile service station, gasoline station (full and limited), filling or retail service station and garage (commercial), Battery and tire service stations without outside garages, and upholstering shops.
(xxix)
Veterinarian services, veterinar? hospital, zoo (public and private).
(xxx)
Hospital services, hospital (acute and chronic care) sanitariums, nursing homes, hospice, and institution for care of substance dependent persons.
(xxx.1)
alcoholic beverage–mixed drink (with conditional use permit).
(xxxi)
Farms or truck gardens, limited to the propagation and cultivation of plants; provided that no poultry or livestock other than household pets shall be housed within fifty (50) feet of any property line.
(xxxii)
Institutions of a religious, educational, charitable or philanthropic nature; not including any jail, penal or mental institution.
(xxxiii)
Milk and bread distributing stations.
(xxxiv)
Wholesale sales establishments and warehouses.
(xxxv)
Manufactured housing sales and service.
(xxxvi)
Bonded warehouse and local wholesale distributors.
(xxxvii)
Heavy machinery sales, storage and service.
(xxxviii)
Air conditioning and heating sales and services
(xxxix)
Uses as determined by the Commission and the Council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sell, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.
(b)
Conditions and Limitations.
(i)
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that, excluding that caused by customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property.
(ii)
Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within any required yard nor within twenty-five (25) feet of any Residential District. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this ordinance and any other applicable ordinance of the City.
(iii)
See Chart 1.
(iv)
See Chart 2.
(v)
See Chart 3.
(vi)
See Chart 4.
(Ordinance 26-2001, sec. 34, adopted 10/9/01)
§ 35 Restricted Commercial - District “C-1”.
(a)
Purpose and Permitted Uses.
This district allows general retail sales of consumable products and goods within buildings of products that are generally not hazardous and that are commonly purchased and used by consumers in their homes, including most in-store retail sales of goods and products that do not pose a fire or health hazard to neighboring areas, e.g. clothing, prescription drugs, furniture, toys, hardware, electronics, pet supply, variety, department, video rental and antique stores, art studio or gallery, hobby shops and florist shops, and the retail sale of goods and products (in the following listed use areas) to which value has been added on-site, including sales of goods and services outside of the primary structure as customary with the uses specifically listed, and the following:
(i)
Bakeries with goods primarily prepared for in-store retail sales on-site.
(ii)
Banks, savings and loans, credit unions and financial services.
(iii)
Dancing and music academies.
(iv)
Florist shops, greenhouses and nurseries with outdoor service and display.
(v)
Personal service uses including barbershops, beauty parlors, photographic or artist studios, messengers, newspaper or telegraphic agencies, dry cleaning and pressing substations, dressmaking, tailoring, shoe repairing, repair of household appliances, electronics and bicycles, catering and other personal service uses of similar character.
(vi)
Schools, business, commercial, public, denominational, kindergarten and pre-school, college, university, dormitory and group student housing.
(vii)
Convenience store, retail food store, grocery stores and supermarkets (not including gasoline or alcohol sales); alcohol sales may be permitted by conditional use.
(viii)
Sale of new automobile parts.
(ix)
Religious assembly, church or rectory.
(x)
Restaurant, cafe or cafeteria, drive-in eating establishment (alcoholic beverage sales require a conditional use).
(xi)
Golf course (commercial), playfield or stadium (public).
(xii)
Apartment Hotel, assisted retirement living, boarding house, bed & breakfast, convalescent home, family home, home for the aged, halfway house and group day care.
(xiii)
Parking lots and helistop.
(xiv)
Telephone exchange, postal facilities and communication services.
(xv)
Child Care Center (small, intermediate and large) and child development facilities.
(xvi)
Cleaning or Laundry Self-Service Shop and Cleaning Shop or Laundry (small).
(xvii)
Clinic and safety services.
(xviii)
Cultural services and community center (public and private).
(xix)
Shopping Center.
(xx)
Amusement (Indoor).
(b)
Conditions and Limitations.
(i)
That it be conducted wholly within an enclosed building, except for delivery, catering, gasoline sales, nurseries and garden centers.
(ii)
That required yards and outdoor areas not be used for display, sale[,] vehicles, equipment, containers or waste material, save and except for screened dumpster collection areas.
(iii)
That all merchandise be sold on the premises, except for delivery and catering.
(iv)
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that, excluding that caused [by] customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property.
(v)
Establishments located on property that is within 300' of any property zoned for a residential use when the commercial use is first established may not to be open to the general public before 5:00 a.m. and must be closed to the general public by 10:00 p.m.
(vi)
See Chart 1.
(vii)
See Chart 2.
(viii)
See Chart 3.
(ix)
See Chart 4.
(Ordinance 26-2001, sec. 35, adopted 10/9/01; Ordinance 26-021324 adopted 2/13/2024; Ordinance 26-031224B adopted 3/12/2024)
§ 36 Central Business District - District “CBD”.
(a)
Permitted Uses.
This district principally addresses development in the original town and central area of the City, allowing a mix of uses including, office, restricted commercial, and residential uses excluding multifamily.
(b)
Conditions and Limitations.
(i)
That it be conducted wholly within an enclosed building, except for delivery, gasoline sales, nurseries and garden centers.
(ii)
That required yards and outdoor areas not be used for display, sale[,] vehicles, equipment, containers or waste material, save and except for screened dumpster collection areas.
(iii)
That gasoline and alcoholic beverage sales are not permitted without a conditional use permit first being obtained.
(iv)
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that, excluding that caused [by] customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property.
(v)
Signs (advertising) must be in compliance with all applicable ordinances.
(vi)
The Conditions and Limitations and permitted uses applicable to the District governing the proposed use of the property shall apply within the Central Business District, i.e. if the proposed use of property within the CB District is a use provided for in the C-1 District the conditions, limitations and permitted uses applicable to the C-1 District shall apply to the property within the CB District.
(c)
Site Plan Regulations.
The Site Plan Regulations applicable to the District governing the proposed use of the property shall apply within the Central Business District, i.e. if the proposed use of property within the CB District is a use provided for in the O District the Site Plan Regulations applicable to the O District shall apply to the property within the CBD District.
(Ordinance 26-2001, sec. 36, adopted 10/9/01)
§ 37 Office District - District “O”.
(a)
Purpose and Permitted Uses.
Allows low rise garden-type office development to a maximum of three stories for use in providing professional and other business offices. Does not allow hospitals or major employment centers.
(Ordinance 26-2001, sec. 37, adopted 10/9/01)
§ 38 Light Industrial - District “LI”.
(a)
Purpose and Permitted Uses.
This district is designed to provide locations for outlets offering goods and services to a targeted segment of the general public as well as industrial users. The uses included primarily serve other commercial and industrial enterprises and do not include any specific use listed in the HI District. No building or land shall be used, and no building hereafter shall be erected, maintained, or structurally altered, except for one (1) or more of the uses hereinafter enumerated. Allows assembly, packaging and manufacture of nonhazardous, non-volatile products and the following listed uses:
(i)
Alcohol beverage–mixed drink and alcohol beverage–on-premises, bar, nightclub, private club, dance hall and social club.
(ii)
Light Manufacturing.
(iii)
Manufacturing, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semiprecious metal or stone.
(iv)
Manufacture, assembly and processing of food and beverages, excluding meat packing plants and similar processes that place a significant demand on wastewater or water treatment, but including ice cream, dairy products, ice, candy, general food processing and dehydrating, beverage bottling and distribution, packaging of honey, herbs, spices and peppers
(v)
Manufacture, assembly and testing of communication equipment, medical instruments and apparatus, optics, photographic equipment and supplies, timing equipment, musical instruments and related equipment, computer components, computers, electronics and precision instruments.
(vi)
Research services (general), engineering and development facilities or laboratories.
(vii)
Motion picture or video production facilities and sound stages, printing, publishing, and book binding.
(viii)
Tool and die shops
(ix)
Warehouse, storage and distribution center.
(x)
Sexually oriented business.
(xi)
Apparel manufacturing, fur goods manufacture not including tanning or dyeing, fabric cleaning and dyeing plants and laundries.
(xii)
Recycling Operations (indoor).
(xiii)
Greenhouses and wholesale growers.
(xiv)
Office equipment and supplies manufacturing.
(xv)
Retail propane sales.
(xvi)
Veterinary hospital.
(xvii)
Blacksmith shops, machine shops, sheetmetal fabrication, metal products and welding shops.
(xviii)
Box, broom and canvas goods manufacturers.
(xix)
Product assembly services (non-hazardous).
(xx)
Bus line shops and garages, crating express storage, expressing, baggage, and transfer delivery services.
(xxi)
Product development services (general).
(xxii)
Automobile repair (major), auto sales (outdoor) and auto sales facility.
(xxiii)
Radio/TV/microwave and similar towers.
(xxiv)
Drapery and bedding manufacturers.
(xxv)
Manufacture of personal cosmetics, drug and pharmaceutical products manufacturing.
(xxvi)
Furniture and household appliance manufacturers.
(xxvii)
Lumber and building sales and storage, contractors yard.
(xxviii)
Glass products from previously manufactured glass for wholesale distribution, emery cloth and sandpaper manufacture.
(xxix)
Public utility substations and distributing centers, regulations centers, and underground stations.
(xxx)
Rail-served industries consistent with uses provided in this section.
(xxxi)
Sign shops.
(xxxii)
Stone, marble, and granite grinding and cutting operations.
(xxxiii)
Tire (retreading operations).
(xxxiv)
Plastic products manufacture not including the processing of raw materials, and candle manufacture.
(xxxv)
Research services (hazard), testing and research laboratories.
(xxxvi)
Salvage processing.
(xxxvii)
Product development services (hazard).
(xxxviii)
Sporting and athletic equipment manufacture.
(xxxix)
Brick, tile, pottery or terra-cotta manufacture other than the manufacture of handcraft or concrete products.
(xl)
Celluloid manufacture or treatment.
(xli)
Planing mills, salt works.
(xlii)
Shoe polish manufacture.
(xliii)
Industrial and manufacturing plants including the processing and assembling of parts from production of finished equipment where the process of manufacturing and treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted.
(c)
Site Development Regulations.
All-weather Sidewalks, driveways and parking areas are required.
(d)
Performance Standards - Light Industrial Districts.
All uses in the LI (Light Industrial) District shall conform in operation, location and construction to the minimum performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration.
(i)
At no point at the bounding property line of any use in an LI District may the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table.
(A)
Maximum permissible daytime* Octave Band - Decibel Limits at the bounding property line** in an LI District:
OCTAVE BAND (CPS) | 37 75 | 75 150 | 150 300 | 300 600 | 600 1200 | 1200 2400 | 2400 4800 | 4800 9600 | A SCALE |
DECIBEL BAND LIMIT (DB RE 0.0002 MICROBAR) | |||||||||
82 | 76 | 68 | 60 | 56 | 53 | 50 | 48 | 62 | |
Note: A scale level is provided for monitoring purposes only and is not applicable to detailed sound analysis. |
* Daytime shall refer to the hours between sunrise and sunset on any given day. |
** The Building Official will interpret the bounding property line for noise enforcement as being at the nearest right-of-way or property line of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be the bounding property line. |
(B)
The following corrections will be made to the table of Octave Band Decibel limits in determining compliance with the noise level standards in an LI District.
When noise is present at night (any time other than daytime) subtract 7 decibels. When noise contains strong, pure tone components or is impulsive, that is when meter changes at 10 decibels or more per second, subtract 7 decibels. Add ten (10) decibels when noise is present for not more than:
1/2 minute in any 1/2-hour period; |
1 minute in any 1-hour period; |
10 minutes in any 2-hour period; |
or 20 minutes in any 3-hour period. |
(C)
Measurement of noise is made with a sound level meter or Octave Band analyzer meeting the standards prescribed by the American Standards Association.
(ii)
Smoke and Particulate Matter.
No operation or use in an LI District shall cause, create or allow the emission of air contaminants which violate State or Federal environmental laws, as referenced herein: Texas Health and Safety Code Ann. Chapt. 381 & 382, Air Pollution Prevention and Control, 42 U.S.C.A. 67401, et seq. Open storage and open processing operations, including on-site transportation movements which are a source of wind- or air-borne dust or other particulate matter, are subject to the standards and regulations specified herein.
(iii)
Odorous Matter.
No use may be located or operated in an LI District which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold as herein set forth is determined by observation by the Building Official. In any case where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required the method and procedures as specified by American
Society for Testing Materials, A.S.T.M.D. 1391-57, Entitled “STANDARD METHOD FOR MEASUREMENT OF ODOR IN ATMOSPHERES,” will be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.
(iv)
Flammable and Explosive Materials.
No use involving the manufacture or storage of compounds or products which decompose by detonation is permitted in an LI District except that chlorates, nitrates, perchlorates[,] phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshal of the City as not presenting a fire or explosion hazard. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose films, solvents and petroleum products is permitted only when such storage or use conforms to the standards and regulations established by city ordinance.
(v)
Toxic and Noxious Matter.
No operation or use permitted in an LI District may emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which exceeds the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, as such regulations exist or may later be amended.
(vi)
Vibrations.
No operation or use in an LI District may at any time create earthborne vibration which, when measured at the bounding property line of the source of operation, exceed[s] the limit of displacement set forth in the following table in the frequency ranges specified.
FREQUENCY CYCLES PER SECOND | DISPLACEMENT IN INCHES |
|---|---|
0 to 10 | .0010 |
10 to 20 | .0008 |
20 to 30 | .0005 |
30 to 40 | .0004 |
40 to 50 | .0003 |
(vii)
Glare.
No use or operation in an LI District may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
(Ordinance 26-2001, sec. 38, adopted 10/9/01)
§ 39 Heavy Industrial - District “HI”.
(a)
Permitted Uses.
Allows assembly, packaging, treatment, processing and manufacture of products that do not pose any materially potential hazard to persons and property outside the boundaries of the property, and the following specifically listed uses to the extent such uses are contained or included within property as to not pose a potential hazard outside of the property on which such use is conducted:
(i)
Any use permitted in the LI District.
(ii)
Central mixing plant for cement, mortar, plaster or paving materials.
(iii)
Disinfectants manufacture.
(iv)
Dyestuff manufacture.
(v)
Fish and meat smoking and curing.
(vi)
Gas and Petroleum storage.
(vii)
Glue or gelatin manufacture.
(viii)
Hatchery.
(ix)
Match manufacture, acid manufacture, arsenal, liquid asphalt manufacture or refining.
(x)
Oilcloth or linoleum manufacture.
(xi)
Oiled rubber goods manufacture.
(xii)
Polish manufacture, paint, oil shellac, turpentine or varnish manufacture.
(xiii)
Tobacco manufacture or treatment.
(xiv)
Vinegar manufacture.
(xv)
Wool pulling or scouring.
(xvi)
Yeast plant.
(xvii)
Blast furnace, forge plant, iron, steel, brass or copper foundry or fabrication plant, coke ovens, coal yard or coke yard, smelting of tin, copper, zinc, or iron ores.
(xviii)
Boiler works.
(xix)
Cement, lime, gypsum, or plaster of paris manufacture, rock crusher, rolling mill, stone mill or quarry.
(xx)
Cotton gins and cottonseed oil manufacture.
(xxi)
Distillation of bones, coal or wood, fat rendering, garbage, offal or dead animals reduction, tallow, grease or lard manufacture or refining from, or on animal fat.
(xxii)
Paper and pulp manufacture.
(xxiii)
Petroleum products, refining and storage, tar distillation or manufacture, gas or alcohol manufacture.
(xxiv)
Tar roofing or waterproofing manufacture.
(xxv)
Potash works.
(xxvi)
Rubber or gutta-percha manufacture or treatment but not the making of articles out of rubber.
(xxvii)
Stockyard or slaughter of animals or fowls.
(xxvii[.1])
Tanning, curing or storage of raw hides or skins.
(xxviii)
Explosives or fireworks manufacture or storage.
(xxix)
Fertilizer manufacture.
(xxx)
Junk, iron, rag, garbage, or paper storage.
(xxxi)
Lampblack and carbon manufacture.
(xxxii)
Acetylene gas manufacture or storage.
(xxxiii)
Ammonia, bleaching powder or chlorine manufacture.
(xxxiv)
Pyroxylin manufacture.
(xxxv)
Soap manufacture.
(xxxvi)
Soda and compound manufacture.
(xxxvii)
Creosote manufacture or treatment.
(xxxviii)
Insect poison manufacture.
(xxxix)
Recycling operation (outdoor), automobile salvage and wrecking yards.
(xl)
Storage of garbage trucks and/or accessory containers.
(xli)
Incinerator.
(c)
Site Development Regulations.
(i)
Development of any use permitted in the “LI” District shall conform to the site development regulations established for that District.
(d)
Performance Standards - Heavy Industrial District.
All uses in the HI (Heavy Industrial) District, District “HI-1”, shall conform in operation, location and construction to the minimum performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.
(i)
Noise.
At no point at the bounding property line of any use in an HI District may the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table.
(A)
Maximum permissible daytime* Octave Band - Decibel limits, at the bounding property line**, in an HI District
OCTAVE BAND (CPS) | 37 75 | 75 150 | 150 300 | 300 600 | 600 1200 | 1200 2400 | 2400 4800 | 4800 9600 | A SCALE |
DECIBEL BAND LIMIT (DB RE 0.0002 MICROBAR) | |||||||||
86 | 76 | 70 | 65 | 63 | 58 | 55 | 53 | 65 | |
Note: A scale level is provided for monitoring purposes only and is not applicable to detailed sound analysis. |
* Daytime shall refer to the hours between sunrise and sunset on any given day. |
** The Building Official will interpret the bounding property line as being at the nearest side of the right-of-way or property line of any street, alley, stream or other permanently dedicated open space to the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line. |
(B)
The following corrections will be made to the table of Octave Band - Decibel limits in determining compliance with the noise level standards in an HI District.
When noise is present at nighttime (anytime other than daytime), subtract 7 decibels. When noise contains strong, pure tone components or is impulsive, that is when meter changes at 10 decibels or more per second, subtract 7 decibels. Add ten decibels when noise is present for not more than:
1/2 minute in any 1/2-hour period; |
1 minute in any 1-hour period; |
10 minutes in any 2-hour period; |
or 20 minutes in any 3-hour period. |
(C)
Measurement of noise is made with a sound level meter or Octave Band analyzer meeting the standards prescribed by the American Standards Association.
(ii)
Smoke and Particulate Matter.
No operation or use in an HI District shall cause, create or allow the emission of air contaminants which violate State or Federal environmental law, as referenced herein: Texas Health and Safety Code Ann. Chapts. 381 & 382; Air Pollution Prevention and Control, 42 U. S. C.A. 7401, et seq. Open storage and open processing operations including on-site transportation on [sic] movements which are a source of wind- or air-borne dust or other particulate matter are subject to the standards and regulations specified herein.
(iii)
Odorous Matter.
No use may be located or operated in an HI District which involves the emission of odorous matter from a source of operation where the odorous matter exceeds a concentration at the bounding property line or any point the tract on which such use or operation is located which, when diluted with an equal volume of odor-free air, exceeds the odor threshold (2 odor units). The odor threshold as herein set forth is determined by observation by the Superintendent of Construction Safety and Services. In any case where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing Materials, A.S.T.M.D. 1391-57, Entitled “STANDARD METHOD FOR MEASUREMENT OF ODOR IN ATMOSPHERES” will be used and a copy of the A.S.T.M.D. 1391-57 is hereby incorporated by Reference.
(iv)
Flammable and Hazardous Materials.
No use involving the manufacture or storage of compounds or products which decompose by detonation is permitted in an HI District except that chlorate, nitrates, perchlorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshal of the city as not presenting a fire or explosion hazard. The storage and use of all flammable liquids and materials, such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products is permitted only when such storage or use conforms to the standards and regulations of [sic] established by city ordinance.
(v)
Toxic and Noxious Matter.
No operation or use permitted in an HI (heavy industrial) District may emit a concentration across the bounding property line of the tract on which such operation or use [is located] violating State or Federal environmental laws, as referenced herein: Texas Health and Safety Code, Chapts. 381 & 382; Air Pollution Prevention and Control, 42 U.S.C.A. 7401, et seq. Open storage and open processing operations, including on-site transportation movements which are a source of wind- or air-borne dust or other particulate matter, are subject to the standards and regulations specified herein.
(vi)
Vibrations.
No operation or use in an HI District may at any time create earthborne vibration which, when measured at the bounding property line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified.
FREQUENCY CYCLES PER SECOND | DISPLACEMENT IN INCHES |
|---|---|
0 to 10 | .0020 |
10 to 20 | .0016 |
20 to 30 | .0010 |
30 to 40 | .0006 |
40 to 50 | .0005 |
(vii)
Glare.
No use or operation in an HI District may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
(Ordinance 26-2001, sec. 39, adopted 10/9/01)
§ 40 Planned Unit Development - “PUD” District.
(a)
Purpose and Objectives.
The purpose and intent of the Planned Unit Development District is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the City consistent with this Ordinance and accepted urban planning, with overall mixed-use regulations as set forth below and in accordance with the City’s comprehensive plan. The PUD rules are designed: (i) to allow development which is harmonious with nearby areas; (ii) to enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance; (iii) to provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; (iv) to encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods; (v) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; (vi) to provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and (vii) to require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development. Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the City’s comprehensive plan and this Ordinance, and to that end the PUD plan must be prepared and approved in accordance with the provisions of this Ordinance.
(b)
Mixed-Use Development.
The PUD District shall include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of a an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the City. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this Ordinance. The outer boundary of the each such PUD Zoning District shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district, and percentage of the total area of such PUD which will comprise each such separate use, and all notations, references, and other information shown thereon, shall be adopted by Ordinance.
(c)
Flexible Planning.
When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and streetlights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single use districts, etc. Final approval of a PUD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.
(d)
Rules Applicable.
The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Commission, may attach a Planned Unit Development district designation to any tract of land equal to or greater than three (3) acres. Under the Planned Development designation the following rules apply:
(i)
The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the City Council, and no such approval will be inferred or implied.
(ii)
Permitted uses are those listed under the applicable zoning district(s) for the base zoning to be applied to the PUD (for example, the permitted uses in a PUD proposed to be developed as a retail, commercial and office development are the respective uses listed for the General Retail, Commercial and Office districts). In addition, a Planned Unit Development district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting would create a protective transition between a lesser and more restrictive district. In approving a Planned Unit Development, additional uses may be permitted, and specific permitted uses may be prohibited from the base district.
(iii)
Standards required by the base zoning apply in a Planned Unit Development except that the following regulations and standards may be varied in the adoption of the Planned Unit Development; provided that the plan is consistent with sound urban planning and good engineering practices.
(iv)
In approving a Planned Unit Development, no standards may be modified unless such modification is expressly permitted by this Ordinance, and in no case may standards be modified when such modifications are prohibited by this Ordinance.
(v)
In approving a Planned Unit Development, the City Council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space, and screening.
(vi)
The Commission and City Council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this Ordinance.
(e)
Preliminary Site Plan.
A Preliminary Site Plan of the entire property within the Planned Unit Development will be considered by the Commission prior to any recommendation to, or consideration by, the City Council of the Planned Unit Development district ordinance.
(i)
A Preliminary Site Plan may be approved for a portion of a Planned Unit Development district where the district is divided by a major thoroughfare, and the Preliminary Site Plan includes all the property located on one side of the street.
(ii)
Approval of a Preliminary Site Plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, building locations and height, lot coverage, yards and open spaces, landscaping, screening walls or fences, topography, and other development and protective requirements, considered necessary to create a reasonable transition to, and protection of, the adjacent property.
(iii)
The Commission and/or City Council may approve, conditionally approve, request modifications, or deny approval of the Preliminary Site Plan based on evaluation of details with respect to:
(A)
The plan’s compliance with all provisions of this Ordinance and other ordinances of the City.
(B)
The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
(C)
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts.
(D)
The provision of a safe and efficient vehicular and pedestrian circulation system.
(E)
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
(F)
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings[.]
(G)
The coordination of streets so as to compose a convenient system consistent with the Thoroughfare Plan of the City.
(H)
The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and (2) to complement the design and location of buildings and be integrated into the overall site design.
(I)
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
(J)
The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
(f)
Final Site Plan.
Following approval of the Preliminary Site Plan, or simultaneously if detailed information is available, a Final Site Plan for any portion of the Planned Unit Development may be approved. The Preliminary Site Plan establishes the general development standards according to a base district. The Final Site Plan providing all the detail required for development, subdivision, zoning and enforcement of the special conditions and regulations must be approved by ordinance prior to the zoning being in effect and construction being authorized.
(g)
Amendments.
Consideration of amendments to a Planned Unit Development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions which are substantive shall require public hearings in the manner required for any other zoning change.
(h)
Expiration.
If development equal to at least twenty-five (25%) percent of the cost of installing streets, utilities and drainage in the PUD, or, if the PUD is approved to be developed in sections or phases, if development equal to at least fifty (50%) percent of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a Planned Unit Development tract or lot within two (2) years after the date of approval, such approval shall expire; and may only be renewed after application is made therefor, notice is given and public hearings are held by the Commission and City Council to evaluate the appropriateness of the previously authorized Planned Development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning.
(i)
Ordinance Amendment.
Every Planned Unit Development district approved under the provisions of this ordinance is considered an amendment of this Ordinance as to the property involved, and to the Master Plan. All Planned Unit Development districts will be referenced on the Zoning District Map, and a list of such Planned Unit Development districts shall be maintained as an appendix to this ordinance.
(j)
Certificate of Occupancy.
All Planned Unit Development district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a Planned Unit Development district, or, if applicable, the separate section or phase being developed.
(Ordinance 26-2001, sec. 40, adopted 10/9/01)
§ 41 Reserved for future use.
Editor’s note–Section 41, “Historic Preservation Overlay Districts,” which derived from Ord. 26-2001 adopted 10/9/01, was repealed by Ord. 26-112211 adopted 11/22/11.