Bonham City Zoning Code
ARTICLE 11
SPECIAL USES
§ 11.01 Day Care (Child Care) Centers.
a.
Distance Requirement from Combustible Materials
No portion of a child care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials, with the exception of residential propane tanks.
b.
Site Plan Approval Required
Site plan approval by the Planning and Zoning Commission shall be required for all child care center sites, whether or not a Specific Use Permit is required.
c.
[Reserved]
d.
Plat Requirements in R and D Zones
Child care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
e.
General Regulations and Requirements
All child care centers shall comply with the following standards:
(1)
All vehicular entrances and exits shall be clearly visible from the street.
(2)
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
(3)
Outdoor play areas shall be provided at a size of eighty (80) square feet per child, based on maximum design capacity of the center, but State standards only require 25% of maximum design capacity to be in compliance. For example, if the Day Care Center has 100 children, the maximum design capacity would be 8,000 square feet of outdoor play area (100 x 80); however, only 2,000 square feet would actually be required for compliance (25% x 80 x 100). The Planning and Zoning Commission may waive this requirement if child care is provided for less than four (4) hours per day per child. The maximum square footage requirement would be decreased on a sliding scale for each child receiving less than four (4) hours of care.
(4)
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within one hundred (100) feet of the child care facility premises and safely accessible without crossing, at-grade, any collector or arterial street.
(5)
No child care center shall be part of a one-family or two-family dwelling.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1099, sec. 1, adopted 4/12/2004)
§ 11.02 Construction Yards, Field Offices, and Other Temporary Buildings.
Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted by the City Commission. Upon due notice and hearing before the City Commission, any such permit may be revoked if the City Commission finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
(Ordinance 1059 adopted 11/11/2002)
§ 11.03 Commercial Radio, Television, and Microwave Towers/Antennas.
a.
Distance Requirement from Residential Zones
No commercial radio, television, cellular phone, or microwave reflector tower or antenna support structure shall be located closer to any residential district boundary line or any residence, than a distance equal to twice the height of the tower or support structure. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower/antenna to the closest point of such residential zoning district or residence.
b.
Towers Prohibited in Front and Side Yards
The location of radio, television, or microwave reflectors, antennas, or support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.
c.
Commercial Attachments Prohibited
All commercial signs, flags, lights and attachments, other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.
(Ordinance 1059 adopted 11/11/2002)
§ 11.04 Residence Hotels.
Residence hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 11.06 [sic]. A residence hotel shall comply with the district requirements for the district in which the residence hotel is located. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
(Ordinance 1059 adopted 11/11/2002)
§ 11.05 Garden (Patio) Homes.
a.
Location on Lot
Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot-wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten (10) feet shall be provided. The combined area of all structures shall not exceed sixty-five (65) percent of the lot area.
b.
Front Yard Setback
The minimum front yard shall be twenty-five (25) feet. The front yard setback may be reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac or loop streets not exceeding four hundred (400) feet in length, with the approval of a site plan or subdivision plat. A minimum lot depth of sixty-five (65) feet, as measured from front building line to rear lot line, shall be maintained.
c.
Rear Yard Setback
The minimum rear yard shall be five (5) feet for a single-story structure and fifteen (15) feet for any two-story structure. If access is from an alley, the minimum setback will be twenty (20) feet for garages or carports.
d.
Side Yard Setback
The minimum side yard shall be zero (0) feet except that there shall be at least ten (10) feet of separation between structures. When garden (patio) homes are constructed with a zero (0) side yard, five (5) feet on the lot adjacent to the zero (0) setback shall be dedicated as an access easement for the zero (0) setback garden (patio) home. There shall be a minimum of twenty (20) feet from any property line adjacent to a street.
e.
Lot Frontage
The minimum frontage of any garden (patio) home shall be twenty-five (25) feet, except as noted in Section 11.05.b.
f.
Lot Area
The minimum lot area for any development lot for garden (patio) homes shall be two thousand eight hundred (2,800) square feet.
g.
Maximum Length of Structures
No zero lot line structure shall have an overall length exceeding two hundred fifty (250) feet.
h.
Maximum Height of Structures
No structure shall exceed two (2) stories or thirty-five (35) feet in height.
i.
Parking
Two (2) off-street spaces per dwelling unit plus one-half (1/2) space per dwelling unit for visitor parking within six hundred (600) feet of each dwelling unit shall be provided. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.
j.
Common Area Maintenance
To insure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:
(1)
Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect. A Homeowners Association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.
(2)
The HOA or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rata formula for all property owners.
k.
Usable Open Space Requirements
Each parcel of land developed under patio home standards shall provide usable open space totaling fifteen percent (15%) of the area of a patio home development. Such open space shall have a maximum slope of ten percent (10%) and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The fifteen percent (15%) shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan). At the time of site plan and/or subdivision plat approval, the City Commission may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.
l.
Additional Landscaping
In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.
(Ordinance 1059 adopted 11/11/2002)
§ 11.06 Restaurant With A Private Club. (see Appendix 2-28 [Appendix 2, Section 6.ccc])
A restaurant with a private club shall be permitted only upon approval of a Special Use Permit in the Office, Local Retail, Heritage Corridor, Local Business, Central Business, Thoroughfare, or Industrial Districts, or a Planned Development District allowing office, retail, commercial, freeway, or industrial uses.
A Special Use Permit for a restaurant with a private club, if granted, shall be subject to any such other conditions as may be incorporated in the ordinance granting the Special Use Permit.
(Ordinance 1059 adopted 11/11/2002)
§ 11.07 Service Stations.
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten (10) feet to the property line.
(Ordinance 1059 adopted 11/11/2002)
§ 11.08 Swimming Pools.
It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
a.
Permit Required
No swimming pool shall be constructed or used until a swimming pool building permit has been issued. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health department regulations.
b.
General Regulations
A swimming pool may be constructed and operated when:
(1)
the pool is not located in any required front or side yard abutting a street;
(2)
a wall or fence, not less than six (6) feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area;
(3)
all lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties; and
(4)
no broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.
(Ordinance 1059 adopted 11/11/2002)
§ 11.09 Mini-Storage Warehouses.
The maximum frontage of a mini-storage warehouse facility on any public street shall be one hundred (100) feet, such that the bulk of the facility is located on the rear one-half of the site. It shall be the stated intent of the City of Bonham to encourage such facilities to be designed in a “flag” lot arrangement so that primarily higher intensity, compatible uses are located on the front one-half of the lot. The City Commission may, however, approve a greater street frontage where, in its opinion, the design of the mini-storage warehouse facility meets the intent of this subsection.
No storage unit doors, in the buildings closest to the street, shall face the street.
(Ordinance 1059 adopted 11/11/2002)
§ 11.10 Travel Trailer and Recreational Vehicle Parks.
a.
Minimum Development Standards
(1)
All travel trailer or recreational vehicle parks shall have paved, all-weather, surfaced, interior driveways serving each travel trailer or recreational vehicle space, such driveways being not less than twenty-four (24) feet in width;
(2)
Each travel trailer or recreational vehicle space in such park shall contain a minimum of one thousand eight hundred (1,800) square feet of area, shall be at least forty-five (45) feet in width, and shall front upon a paved driveway;
(3)
A travel trailer or recreational vehicle shall be placed on a designated space in such manner that there will be not less than fifteen (15) feet of separation between travel trailers or recreational vehicles on adjacent spaces;
(4)
Each travel trailer or recreational vehicle park shall provide, at a minimum, the following:
(a)
An electrical outlet capable of supplying four thousand (4,000) watts at 110-220 volts at each travel trailer or recreational vehicle space; and
(b)
Hook-up apparatus for connection to the city sanitary sewer system at each travel trailer or recreational vehicle space; and
(c)
Faucet or bibcock connected to the city water supply system at each travel trailer or recreational vehicle space; and
(d)
A minimum of one (1) toilet, one (1) lavatory and one (1) shower for each six (6) travel trailer or recreational vehicle spaces or fraction thereof in the park.
(5)
Service buildings that house sanitation and/or laundry facilities or any other such facilities shall be permanent structures constructed in accordance with all applicable codes and ordinances of the City of Bonham;
(6)
Each travel trailer or recreational vehicle park shall be provided with a means of security lighting. All toilet and shower buildings and facilities shall be provided with sufficient lighting facilities, which shall be kept lighted during the time one-half hour after sunset until one-half hour before sunrise.
b.
Management Requirements, Generally
(1)
The name of the person with direct management responsibility of the travel trailer or recreational vehicle park shall be filed for reference with the Building Official, who shall be notified of any change in the person with such management responsibility to ensure accurate and updated files. In addition to the specific requirements of this section, it shall be the responsibility of the owner or manager of each travel trailer or recreational vehicle park to take such measure[s] as may be deemed to be necessary by the Building Official or Director of Environmental Health to preserve the health, safety and welfare of all persons accommodated in the park, as well as the general public;
(2)
It shall be the responsibility of the owner or manager of any travel trailer or recreational vehicle park to prescribe rules and regulations for the management of such park. Copies of all such rules and regulations shall be furnished to the Building Official, and copies shall be posted in conspicuous locations throughout the park.
(3)
It shall be the responsibility of the owner or manager of a travel trailer or recreational vehicle park to keep a register of all persons accommodated at the park, such register to include the names of all persons, their home addresses, the license number and description of their vehicles, and duration of stay;
(4)
Not more than one (1) travel trailer or recreational vehicle shall occupy a space within such park. No travel trailer or recreational vehicle shall be placed within a travel trailer or recreational vehicle park unless a designated space, provided in accordance with this section, is available for occupancy. These restrictions shall not apply, however, to automobiles or other vehicles that are not used for dwelling purposes;
(5)
The removal of wheels or any similar transportation device from a travel trailer or recreational vehicle located within a travel trailer or recreational vehicle park shall be prohibited; and
(6)
No permanent addition or structure shall be built onto or become a part of any travel trailer or recreational vehicle located within a travel trailer or recreational vehicle park;
(7)
The maximum duration of stay by any travel trailer, recreational vehicle, or individual within a travel trailer or recreational vehicle park shall be fourteen (14) consecutive days, provided, however, that the person with direct management responsibility of such park shall be permitted to maintain a permanent residence within the park.
c.
Maintenance
(1)
Every travel trailer or recreational vehicle park owner shall maintain such park and any toilet, bath, shower, and other equipment in connection therewith in a clean and sanitary condition and shall maintain such equipment in a state of good operating condition.
(2)
Such park shall otherwise be developed, occupied, maintained, and managed in accordance with all applicable codes and ordinances of the City of Bonham.
(Ordinance 1059 adopted 11/11/2002)
§ 11.11 (Reserved) [1]
[1]
Editor’s note–Former section 11.11 pertaining to fences and deriving from Ordinance 1059 adopted 11/11/2002, was deleted in its entirety by Ordinance 1461 adopted 1/13/2025.
§ 11.12 Smoke/tobacco/CBD stores.
a.
Purpose.
The regulation of smoke/tobacco/CBD stores is necessary and in the interests of the public health, safety, and general welfare because there is the substantial likelihood of the establishment and operation of smoke/tobacco/CBD stores in the City of Bonham. The expansion of these stores in the City could result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This section contains regulations consistent with good zoning and planning practices to address such negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zone for such shops/stores to locate within the City of Bonham.
b.
Zoning and land use standards for smoke/tobacco/CBD stores.
A smoke/tobacco/CBD store shall require a Specific Use Permit. Standards to operate a smoke/tobacco/CBD store shall be as follows:
(1)
Smoke/tobacco/CBD stores shall not be located within 500 feet, measured property line-to-property line, from a school (public or private), family day-care home, child-care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather.
(2)
Smoke/tobacco/CBD stores shall not be located within 1,500 feet, measured property line-to-property line, from another smoke/tobacco/CBD store.
(3)
Smoke/tobacco/CBD stores that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a Specific Use Permit. However, any change or expansion of the nonconforming use may require compliance with this section and a Specific Use Permit.
(Ordinance 1456 adopted 10/14/2024)
§ 11.13 Two-family dwelling units.
All Two-Family Dwelling units shall comply with the following standards:
a.
Each dwelling unit shall contain a minimum of two (2) off-street parking spaces. If a garage space is provided as one (1) of the two (2) off-street parking spaces it shall not be eliminated by enclosing the garage with a stationary wall.
b.
Two-Family Dwelling units may be platted as either a singular unit or may be platted in pairs such that duplex units are located on individual lots.
c.
When Two-Family Dwelling units are platted on individual lots the following shall apply.
i.
Minimum lot areas for two-family dwellings shall be 3,000 square feet per dwelling unit.
ii.
Each newly created lot shall be a minimum of 30 feet wide and meet adopted Two-Family Dwelling area, setback, and height regulations.
iii.
The subdivision plat shall designate the pairs of lots and which lot lines are to be outside lot lines of each pair.
iv.
There shall be only one dwelling unit per lot, and no dwelling unit shall cross a lot line.
v.
No detached single-family dwelling may be constructed on one of the designated pair of lots.
d.
Where Two-Family Dwellings are not platted in pairs, the lots may be further resubdivided into two (2) separate lots via Minor Replat approval so as to allow the separate use of each portion of the property as an individual dwelling. The resubdivision shall run parallel with the common wall and no such further resubdivision shall be permitted. There shall be only one dwelling unit per parcel, and no detached single-family dwelling may be constructed on one of the resubdivided parcels.
e.
When Two-Family Dwellings units are platted in pairs all utilities shall be provided separately to each two-family dwelling unit such that each unit is individually metered.
f.
Two-Family Dwelling units shall comply with the Site Design Requirements established in Sec. 8.07.
(Ordinance 1461 adopted 1/13/2025)
§ 11.14 Single-family dwelling, attached (SF-A).
All SF-A subdivisions shall comply with the following standards:
a.
Each dwelling shall be located on a separate platted lot.
b.
No complex of SF-A buildings shall exceed 200 feet in length.
c.
Minimum 10 feet building separation.
d.
Each dwelling unit shall contain a minimum one (1) car garage in addition to one (1) off-street parking space. The garage space shall not be eliminated by enclosing the garage with a stationary wall.
e.
Landscaping requirements of one canopy tree for each 3 dwelling units shall be met. Trees planted to meet this requirement may be clustered or dispersed throughout the site and must be indicated on the landscape plan. New trees planted to meet this requirement shall be a minimum 3-inch caliper.
f.
All utilities shall be provided separately to each SF-A unit such that each unit is individually metered.
g.
The front yard setback may be reduced to 10 feet provided that:
i.
The driveway and garage are accessed from an alley; and
ii.
The garage door is set back 20 feet from the rear property line; and
iii.
The open yard area of either the rear or non-zero side yard is increased by an amount equal to or greater than that of the increased buildable area created by the reduction in the front yard setback.
h.
SF-A buildings shall comply with the Site Design Requirements established in Sec. 8.07.
(Ordinance 1461 adopted 1/13/2025)
§ 11.15 Multifamily dwelling and townhouse or row dwelling.
All Multifamily Dwelling and Townhouse or Row Dwellings shall comply with the following standards:
a.
No lot containing a Multifamily Dwelling or Townhouse/Row Dwelling shall contain less than 9,300 square feet.
b.
Where the residential units within a Multifamily Dwelling or Townhouse/Row Dwelling are erected to create inner courts, the faces of all opposite walls in those courts shall be at least 30 feet apart, and no balcony or canopy shall extend into that court area more than 5 feet.
c.
A wall not more than 8 feet in height may be erected in the front yard provided such wall is of at least 50% open construction.
d.
The off-street parking spaces designated for each dwelling unit shall be located within 100 feet of the dwelling unit served by such spaces.
e.
Multifamily or Townhouse/Row Dwelling buildings shall comply with the Site Design Requirements established in Sec. 8.07.
(Ordinance 1461 adopted 1/13/2025)
§ 11.16 Donation and collection bin.
a.
A Donation and Collection Bin shall meet all required zoning district setbacks.
b.
A Donation and Collection Bin may be located in parking spaces as long as the required parking minimums are met.
c.
The maximum size for a Donation and Collection Bin is 25 square feet.
d.
The maximum height for a Donation and Collection Bin is 6 feet.
e.
Maximum of one (1) Donation and Collection Bin per lot.
f.
The maximum size and height requirements may be increased with approval of the City Manager or his/her designee.
(Ordinance 1461 adopted 1/13/2025)
§ 11.17 Outdoor display.
a.
Outdoor Display shall be designated on an approved site plan.
b.
Outdoor Display is limited to 5% of the total lot area or 20% of the primary building's gross floor area, whichever is more restrictive.
c.
Outdoor Display shall be placed within 10 feet of the front facade of the primary building and shall not exceed 4 feet in height.
d.
Temporary storage of merchandise for display and sale placed on a sidewalk or other pedestrian area must maintain a 6-foot-wide pedestrian path through and adjacent to the Outdoor Display area. The pedestrian path must be concrete or asphalt and may not be located within off-street parking areas, including parking spaces, fire lanes, easements, maneuvering aisles, customer pick-up lanes, and loading zones.
(Ordinance 1461 adopted 1/13/2025)
§ 11.18 Outdoor storage.
a.
Outdoor Storage shall be designated on an approved site plan.
c.
Outdoor Storage is limited to 5% of the total lot area or 20% of the primary building's gross floor area, whichever is more restrictive.
d.
Outdoor Storage shall comply with Sec. 8.07 [Sec. 8.08] (Screening and Fencing) within Exhibit 14A (Zoning Ordinance) of the Code of Ordinance[s].
e.
Outdoor Storage items shall be stored on a paved surface[s], and associated access and maneuvering drives shall be a paved surface, except for in the AG, LI, and HI zoning districts where items may be placed on a gravel surface or similar permeable surface.
(Ordinance 1461 adopted 1/13/2025)