Big Lake City Zoning Code
§ 5
ZONING DISTRICTS.
A.
ESTABLISHMENT OF DISTRICTS
For the purpose of this ordinance, the City of Big Lake, Texas is hereby divided into eight (8) zoning districts as follows:
SPECIFIC ZONING DISTRICTS
B.
NEWLY ANNEXED TERRITORY
1.
Annexed Territory to be Temporarily Zoned R-1
All territory hereafter annexed to the city shall be temporarily zoned as “R-1” single-family residential district, until permanent zoning is established by the city council, except as provided in paragraph (3) below. The procedure for establishing permanent zoning on newly annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations. However, nothing herein shall prevent the granting of permanent zoning at the time of annexation and zoning such territory other than an “R-1 District.”
2.
Regulations for Temporary R-1 Districts
In an area temporarily classified as R-1:
(a)
No person shall erect, construct or add to any building or structure or cause same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the city as required herein.
(b)
No building permit for the construction of a building or a certificate of occupancy shall be issued other than for the construction of a building or a use permitted in R-1 District(s).
3.
Concurrent Rezoning and Annexation
Application(s) for permanent zoning of a newly annexed area may be considered by the city at the same time as the area is being considered for annexation, although annexation procedures must be completed prior to any final zoning actions by the city council.
C.
GENERAL COMPLIANCE WITH DISTRICT REGULATIONS
The regulations established by this ordinance within each zoning district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, and in accordance with the following:
1.
Conformity with District Required
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, reconstructed, enlarged or structurally altered except in conformity with all of the regulations herein specified for the zoning district in which it is located.
2.
Height and Lot Coverage to Conform with District Regulations
No building or other structure shall hereafter be erected, reconstructed, enlarged or structurally altered to exceed the height or to occupy a greater percentage of the lot area which is prescribed for the district in which it is located.
3.
Height and Area Exceptions
The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces shall be subject to the following exceptions:
(a)
Chimneys, noncommercial television receiving antennas, and satellite dishes as part of a residential development or use are hereby exempted from the height regulations as established herein.
(b)
Church steeples or spires, belfries, cupolas, cooling towers, tanks, water towers, microwave radio and television relay or broadcasting towers, mast or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations as established herein; provided, a specific use permit or variance is granted when the maximum height allowed in the zoning district is exceeded.
(c)
When a lot has an area less than the minimum number of square feet, lot width or lot depth as required for the district in which it is located, and was of record as such at the time of the passage of this zoning ordinance, such lot may be continued to be occupied or used and nothing herein shall prohibit the erection of a single-family dwelling. However; no building or structure shall be erected, reconstructed, enlarged or structurally altered on such nonconforming lot unless a variance has been granted to do so.
(d)
An open, uncovered porch or paved terrace may project into a required front, back or side yard setback for a distance of not more than ten (10) feet, but shall not be interpreted to include or permit fixed canopies.
4.
Yards to Conform with District Regulations
No building or other structure shall have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner be contrary to the provisions of these regulations unless existing at the time of passage of this ordinance, in which case, they shall not be further reduced in size without a variance.
5.
No Yard or Other Integral Component Required for Any Building Shall be Counted Twice
No part of a yard or other open space, off-street parking or loading space required in connection with any building for the purpose of complying with these zoning regulations shall be included as a part of a yard, open space, off-street parking or loading space similarly required for any other building.
6.
Visibility at Intersections Required
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (2-1/2') to ten feet (10') above ground level measured from thirty feet (30') from the corner intersection.
7.
Access to Structures
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street; and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
8.
Refuse Containers Prohibited in Front or Side Yard of Business
Refuse containers or dumpsters shall not be located in the front or side yard of any business establishment or property zoned for commercial or industrial use. This restriction shall not apply in cases where compliance would cause such containers to be inaccessible to refuse collection vehicles. For the purposes of this restriction, the zoning administrator shall determine after reasonable investigation whether the container is so accessible or not.
9.
Number of Dwellings Per Lot Restricted
No more than one dwelling shall be permitted on any lot of record which is zoned as an “R-1” and “R-2”, District and on any lot in the “MH” District subdivided for a single manufactured home.
D.
SCHEDULE OF DISTRICT REGULATIONS ADOPTED
The following table of district regulations is hereby adopted and shall be considered as part of each applicable zoning district regulation as hereafter described in this ordinance:
SECTION 5.D - SCHEDULE OF DISTRICT REGULATIONS | ||||||||
|---|---|---|---|---|---|---|---|---|
Area Regulations | R-1 Single-Family | R-2 Single-Family | R-3 Two-Family | R-4 Multi-Family | MH | LR | C | I |
Minimum Lot Area (Sq. Ft.) | 7,000 | 5,000 | 6,000 | (b) | (e) (f) | 3,000 | N/A | N/A |
Minimum Lot Width (Feet) | 60 | 50 | 60 | 60 | 40* | 25 | N/A | N/A |
Minimum Lot Depth (Feet) | 110 | 100 | 100 | 100 | 80* | 100 | N/A | N/A |
Minimum Front Yard Setback (Feet) | 25 (a) | 25 (a) | 25 (a) | (a) (c) | 25* | (h) | (h) | (h) |
Minimum Front Yard Setback - Major Street (Feet) | 35 | 35 | 35 | 35 | 25* | (h) | (h) | (h) |
Minimum Side Yard Setback (Feet) | 5 | 5 | 5 | 10 | 6* | (i) | (i) | (i) |
Area Regulations | R-1 Single-Family | R-2 Single-Family | R-3 Two-Family | R-4 Multi-Family | MH | LR | C | I |
|---|---|---|---|---|---|---|---|---|
Minimum Side Yard Setback - Corner Lot | 15 | 15 | 15 | 15 | 25* | (i) | N/A | N/A |
Minimum Side Yard Setback - Corner Lot Fronting at Front & Side St. | 25 | 25 | 25 | 25 | 25 | N/A | N/A | N/A |
Minimum Rear Yard Setback (Feet) | 20 (a) | 20 (a) | 20 (a) | 15 (a) | 20* | (j) | (j) | (j) |
Maximum Hgt. (Stories) Height of Structure (Ft.) | 2.5 35 | 2.5 35 | 2.5 35 | 3 45 | 1.5 25 | 3 45 | 8 100 | 8 100 |
Maximum Lot Coverage | 40% | 40% | 40% | 40% | 40% | N/A | N/A | 30% |
Minimum Living Area - Excluding Garage | 1,200 | 800 | (d) | (d) | (g) | N/A | N/A | N/A |
* Pertains to manufactured home park. (Front yard setback shall be from a dedicated street right-of-way or from any private drive designed or used for access, circulation or service within the park.) | |
** Pertains to individually owned manufactured home lots. | |
(a) | R-1, R-2 and R-3 district - lots having a double street frontage at the front & back, the minimum front yard requirement shall be provided at the front and back lot line. |
(b) | R-4 district - the minimum lot area shall be 7,000 square feet for a multiple-family unit and there shall not be less than twelve hundred (1,200) square feet of lot area for each family unit. |
(c) | R-4 district - the minimum front yard shall be 25 feet on a non-major street, except where circular or similar entrance drives cross the lot in front of the main building are used, in which event the minimum front yard depth shall be 35 feet and no parking space or vehicle storage area shall be located closer to the front property line than 25 feet. |
(d) | R-4 district - the minimum living area per unit shall be five hundred (500) square feet for an efficiency, six hundred fifty (650) square feet for one (1) bedroom, eight hundred (800) square feet for two (2) bedrooms, and nine hundred (900) square feet for three (3) bedrooms. However, the average living area for all apartments in an apartment building must be a minimum of eight hundred (800) square feet. |
(e) | For manufactured home lots which are individually owned, the minimum lot area shall be five thousand (5,000) square feet when a public sewer system is available. When septic tanks are used the square feet of the lot area shall be the size specified by the state agency that monitors Wastewater systems. |
(f) | For manufactured home parks, the minimum lot area shall be at least three times larger than the manufactured home to be placed thereon and in no event less than three thousand five hundred (3,500) square feet in area when a public sewer system serves the park. Where no public sewer system is available and septic tanks are used for sewerage disposal, the minimum lot area shall be size specified by the state agency that monitors Wastewater systems. |
(g) | The minimum living area for a manufactured home is four hundred fifty (450) square feet. |
(h) | A front yard or setback along U.S. Highway 67 and State Highway 137 of thirty-five (35) feet shall be required for all zoning districts except in the designated Central Business District that is graphically shown on the Zoning District Map. |
No front yard or setback is required for zoning districts in the designated Central Business District. | |
In other areas of the City, no front yard or setback is required for commercial or industrial structures except where a lot adjoins a residential district or lot, in which the front yard in the commercial or industrial district shall be provided for a distance of not less than twenty-five (25) feet from the boundary of said residential district or lot. | |
(i) | No side yard shall be required for commercial or industrial structures except that a side yard of not less than ten (10) feet in width shall be provided on the side of a lot adjoining a residential district and on corner lots not in the Central Business District as shown on the Zoning District Map. |
(j) | No rear yard is required for commercial or industrial structures except that a rear yard of not less than fifteen (15) feet in depth shall be provided upon that portion of a lot abutting upon a residential district or lot. |
(Ordinance 050517-1 adopted 5/17/05)