Bonham City Zoning Code
ARTICLE 8
USE OF LAND AND BUILDINGS
§ 8.01 Compliance With Zoning Regulations Required.
No land shall hereafter be used and no building or structure shall hereafter be occupied, used, erected, altered, placed, converted, arranged, designed, or used for other than those uses specified as permitted uses in the district in which it is located as set forth by the Schedule of Uses (Appendix 1 of this ordinance) and in accordance with the provisions of this ordinance.
(Ordinance 1059 adopted 11/11/2002)
§ 8.02 Plats Required.
a.
Every structure hereafter erected or altered shall be located on an official lot of record.
b.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of this ordinance and which entire building shall be completed within one (1) year from the date of the passage of this ordinance.
(Ordinance 1059 adopted 11/11/2002)
§ 8.03 One Main Building Permitted on Residential Lot.
a.
Only one main building for one-family or two-family use with permitted accessory buildings may be located upon a lot or tract, except as prescribed in Section 8.03.b. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum right-of-way width of twenty-two (22) feet.
b.
Where a lot is used for nonresidential and residential purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1448 adopted 7/8/2024)
§ 8.04 Platting Procedures.
§ 8.05 General Procedures.
a.
Purpose.
The purposes of this section are to:
1)
Establish the appropriate workflows associated with each land development process, and
2)
Ensure that processes comply with state law, and
3)
Assign decision-making authority, completeness review, and deadlines to ensure that the processes are efficient and fair to applicants, and
4)
For discretionary or legislative decisions, provide notice and an opportunity to be heard by persons affected by the application.
b.
General Procedural Requirements.
1)
Applicability.
This Section establishes rules and procedures for specific land use decisions under the jurisdiction of the City Council, Planning and Zoning Commission, Board of Adjustment, and City Staff (where applicable), and administrative decisions.
2)
Procedures.
This Section sets up rules for procedures and describes the process for specific land use decisions. The procedures have a common workflow and description per Procedural Components.
Procedural Components | |
|---|---|
Component | Meaning |
Applicability | The type of development or situation that is subject to the process. |
Initiation | This is how the applicant begins the process, including which department or official receives the application. |
Completeness | This is how the City determines that the application has sufficient information to be processed. |
Decision | This states who approves the application and the type of proceeding that leads to the decision. |
Standards | These are any standards that apply to the application. All applications are subject to this Zoning Ordinance. |
Subsequent Applications | If an application is denied, some processes have a waiting period before that type of application can be resubmitted for the property. |
3)
Authority Table: Authority Table summarizes the major review procedures for land use applications and development activity in the City and who acts on those applications. Not all procedures addressed in this article are summarized in this table (see subsequent sections of this Division for additional details on each procedure).
Authority Table | ||||||||
|---|---|---|---|---|---|---|---|---|
Application Type | Notice | Authority | ||||||
Publication | Mail | Website | Signs | Director | PZ Commission | City Council | Board of Adjustment | |
Rezoning | Y | Y | N | Y | R | R | D | — |
Specific Use Permit | Y | Y | N | Y | R | R | D | — |
Text Amendment | Y | Y | — | — | R | R | D | — |
Concept Plan | N | N | N | N | R | R | D | — |
Preliminary Site Plan | N | N | N | N | R | R | D | — |
Site Plan | N | N | N | N | D | — | A | — |
Variance | N | N | N | N | R | — | — | D |
Interpretation | N | N | N | N | D | — | — | A |
Key | Y = Yes | N = No | R = Review and Recommend | D = Decision (a decision includes the review of the application) | A = Appeal Decision | |||||||
c.
Pre-Application.
1)
Applicability.
These requirements apply to any application type identified under the Authority Table list above.
2)
Initiation.
Before filing an application subject to this Section, the applicant shall request a meeting with the Staff Committee concerning the plans and data as specified in this Zoning Ordinance.
3)
Staff Committee.
The purpose of the Staff Committee is to assist an applicant prior to the submittal of an application, to coordinate the technical aspects of development, and to advise the City Manager concerning planning and development issues.
4)
Scheduling.
Any applicants wishing to discuss a development proposal with the Staff Committee shall advise the Director of Community Development (Director) at least seven (7) calendar days prior to the meeting.
5)
Pre-Application Meeting.
i.
The Pre-Application Meeting shall include the following:
ii.
The applicant shall provide a brief overview of the project, including proposed location, uses, densities, project layout, and design features.
iii.
The Director will provide information and comments at the Pre-Application Meeting but will not take formal action on the application. In addition to provision of verbal information, the Director may provide a Pre-Application Meeting checklist.
iv.
The applicant's and Staff Committee's comments are for purposes of information but are not binding on either the City or the applicant.
6)
Documentation.
i.
During the meeting, the Director may review and complete an informational checklist, based on the scope of the application.
ii.
The Director will record in writing and provide the applicant with any pertinent information concerning the project scope, as described by the applicant, as well as verbal guidance provided by City staff.
d.
Submitting Applications.
2)
Completeness Review.
i.
The Director will not process incomplete applications.
ii.
An application is not complete until all required items are submitted (see the application's checklist).
iii.
When applications are filed, the Director will review them for completeness.
iv.
The time period to process an application does not commence until the Director determines that the application is properly submitted and the applicant has corrected any deficiencies in the application.
v.
Review for completeness of application forms is solely to determine whether information required for submission with the application is sufficient to allow further processing.
vi.
The Director will determine whether the application is complete and will transmit the determination to the Applicant. If the Director determines that the application is not complete, the Director will specify those parts of the application that are incomplete and will indicate how they can be made complete, including a list and description of the information needed to complete the application. The Director and the decision-making body are not obligated to further review the application until the required information is corrected. For applications subject to Section 8.06 and Section 20.03, the application is not considered filed and is denied.
vii.
The Director or the approving authority may provide submission deadlines for materials required in support of any application provided for in any checklist. Compliance with those deadlines is required to have the application placed on an agenda to be heard by the approving authority.
e.
Staff Review.
1)
Review by Other Departments and Agencies.
The staff may forward copies of the application to various local, state and/or federal agencies and departments for their review and comment. The Director may ask the reviewers to respond in writing or attend an application review meeting with the staff.
i.
Staff Review.
The staff shall review the application and supporting information. This may occur in a meeting with the applicant and representatives of other agencies or departments, as described in (1) above. After reviewing the information, staff shall prepare a report summarizing the information for the reviewing bodies and may provide a recommendation for action and any proposed conditions. The applicant or other interested parties may obtain a copy of the staff report from the department before the hearing at which the application is scheduled to be heard.
ii.
Staff Report.
If an individual section of this Division (and where permitted by state law) delegates to staff the authority to approve, approve with conditions, or deny an application, the staff report may include a written decision to that effect.
f.
Decision-Making and Public Hearings.
i.
Purpose.
The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others (See Section 20.03).
ii.
Rules of Procedure.
The City Council and Planning and Zoning Commission may adopt rules of procedure for public hearings.
iii.
Action.
Reviewing bodies shall hold regularly scheduled public hearings to receive and review public input on items required by this Zoning Ordinance. Decisions and recommendations should be rendered in a timely manner, based upon the specific requirements of these regulations, factors identified under Section 20.04, and the following:
A.
Conformance with these regulations, the comprehensive plan, and other adopted plans, design guidelines and policies;
B.
Recommendations of staff and recommending bodies;
C.
Input of reviewing agencies and departments;
D.
Public comment and testimony received at the hearing; and
E.
Effects of the proposal on the neighborhood, area, and community-at-large.
iv.
Authority to Condition Development Approvals.
A.
After review of the application, other pertinent information or documents, and any evidence made part of the public record, the recommending and decision-making bodies may impose conditions that are reasonably necessary to assure compliance with applicable general or specific standards expressed in these regulations.
B.
The City Secretary and/or Director shall include a copy of the conditions with the record of decision.
C.
The applicant shall be notified of any conditions imposed on the application.
g.
Tabling.
A.
Purpose.
This section allows for the tabling of applications as needed to collect additional information, or to engage in further review.
B.
Applicant Request.
An applicant may request to table any application in writing for a future meeting date.
C.
Director Request.
The Director may request to table any application for further review and consideration. In that case, the Director shall provide notice and explanation to the applicant in writing before the meeting at which the application is scheduled for hearing. Notice of the tabling will be given at the beginning of the scheduled meeting.
1.
Application Withdrawal.
I.
Generally.
An application may be withdrawn at any time prior to formal consideration by the reviewing body.
II.
Fees.
Withdrawal of an application after the determination of completeness results in the forfeiture of fees.
III.
No Public Hearing Required.
If no public hearing is required, the applicant should give notice of the withdrawal to the Director at the earliest possible time. This allows the Director to notify other applicants of an agenda change.
IV.
Public Hearing Required.
If a public hearing is required, an applicant may request a withdrawal from the Director at any time prior to the opening of the hearing. Once the public hearing is opened, the reviewing body shall decide whether to approve the request and may instead act on the application.
(Ordinance 1450 adopted 7/8/2024)
§ 8.06 Site Planning Procedures.
a.
Generally.
1)
Overview.
i.
This section establishes a site plan review process for land development. The process involves a series of three plans, progressing from a general evaluation of a site and development concept to approval of a detailed development plan.
ii.
The first plan in the series is a concept plan.
This plan establishes a general schematic for site development, primarily focusing on vehicular access and circulation. Concept plans may be used to separate large properties into parts for phasing site planning and development.
iii.
The second plan in the series is a preliminary site plan.
This plan presents more detailed information on building layout, parking, drives, landscaping, screening, and other site improvements. Preliminary site plan approval assures the applicant that the general layout is acceptable before proceeding with detailed engineering and design.
iv.
Site plan approval is the final step in the process.
A site plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development. Site plan approval is required before engineering plans and building permits are released.
v.
Concept plans, preliminary site plans, and/or site plans that are submitted as a part of a rezoning or specific use permit request require review and approval by the City Council after receiving a recommendation from the Planning and Zoning Commission.
vi.
Concept plans, preliminary site plans, and/or site plans that contain land uses that are in conformance with existing zoning require review and approval by the City Council after receiving a recommendation from the Planning and Zoning Commission.
vii.
Site plans may be approved by the Director provided that they conform to valid preliminary site plans for the development previously approved by the City Council.
2)
Purpose.
The purpose of this process is to:
i.
Ensure compliance with adopted City development regulations and other applicable regulations for which the City has enforcement responsibility.
ii.
Promote safe, efficient, and harmonious use of land through the application of City-adopted design standards and guidelines.
iii.
Promote stormwater quality planning into the site planning process.
iv.
Protect and enhance the City's environmental and aesthetic quality.
v.
Ensure adequate public facilities to serve development.
vi.
Prevent or mitigate adverse development impacts, including overcrowding and congestion.
vii.
Aid evaluation and coordination of land subdivision.
3)
Applicability.
The site plan review process shall apply to:
i.
Development within an area zoned planned development.
ii.
Nonresidential development.
iii.
Manufactured home park development.
iv.
Multifamily residence development.
v.
Travel trailer park development.
vi.
Nonresidential and residential development (mixed-use development).
vii.
Zero lot line dwelling, single-family dwelling, attached, and townhouse or row dwelling residential use developments and any mixed single-family residential development that contains zero lot line dwelling, single-family dwelling, attached, and/or townhouse or row dwelling residential dwellings.
viii.
Parking lot development, reconstruction, or restriping of more than 20 spaces.
5)
Submitting Applications.
i.
Before preparing a concept plan, preliminary site plan, or site plan, the applicant shall meet with the City as required in Section 8.05. The purpose of the meeting is to review potential site design before formal submittal. A pre-application meeting checklist can be obtained from the City Planning & Development webpage.
ii.
Applications for approval of plans required by this Article must be submitted to the Director. A calendar of official submittal dates for items requiring Planning and Zoning Commission recommendation and City Council approval shall be published by the City 30 days prior to the beginning of each year. All applications received on a date other than an official submittal date shall be scheduled for consideration on the next official submittal date. An application or plan is considered filed on the date the applicant delivers the application or plan to the Planning & Development Department or deposits the application or plan with the United States Postal Service by certified mail addressed to the Planning & Development Department. Complete applications requiring Planning and Zoning Commission recommendation and City Council approval shall be placed on the meeting agenda of the Planning and Zoning Commission no later than 28 days following the official date of submittal. Items authorized for staff approval may only be submitted at any time during normal office hours. Complete applications authorized for staff approval shall be acted upon by the Director within 30 days.
6)
Fees, Forms, and Procedures.
ii.
The Director may establish procedures, forms, and standards with regard to the content, format, graphics, and number of copies of information constituting an application for concept plans, preliminary site plans, and site plans for clarity and consistency of operations. The published procedures, forms, and standards will have the force of ordinance as if fully incorporated herein.
iii.
All site planning checklists of items to be included can be obtained from the City.
b.
Concept Plan.
1)
Generally.
A concept plan is the initial plan required in the site plan review process. This plan is a general site assessment and development concept. A concept plan defines a basic schematic design for development. The purpose of a concept plan is to:
i.
Evaluate the site's natural condition, including vegetation, topography, drainage, surface, and subsurface factors affecting the site's development.
ii.
Determine building sites and the use, intensity, bulk, and height of structures to be constructed.
iii.
Locate public streets and rights-of-way, and determine points of ingress and egress between the development and public streets, including median breaks and turn lanes.
iv.
Determine primary routes of vehicular circulation and parking areas internal to the development.
v.
Delineate development phasing.
3)
Application Procedure and Requirements.
i.
Pre-Application.
Before preparing a concept plan, the applicant shall meet with the City as required in Section 8.05.c.
ii.
Submitting Applications.
The property owner or listed project representative shall file an application for the approval of a concept plan as required in Section 8.05.d.
iii.
Standards of Approval.
A.
After receiving a recommendation from the Planning and Zoning Commission the City Council may approve, conditionally approve, table, or deny a concept plan based on the plan's:
B.
Concept plans that are submitted as a part of a rezoning or specific use permit request require City Council approval.
C.
Effect.
Approval of a concept plan by the City Council constitutes authorization by the City for the property owner to submit an application for approval of a preliminary site plan subject to compliance with any condition attached to the approval of the concept plan. As long as the concept plan remains valid, the location of streets, drives, median breaks, and curb cuts shall remain fixed and any subsequently prepared plan for an adjacent property or property located on the opposite face of a public street abutting the site shall coordinate its circulation system to the earlier approved, valid concept plan. Except when authorized, a concept plan may not be used to approve a variance to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply. Where approved, valid concept plans delineate areas as separate phases of development, each phase may be independently planned and developed provided that it is in accordance with the concept plan and other applicable regulations.
D.
Lapse.
Concept plan approval shall expire 2 years following the date of its original approval.
c.
Preliminary Site Plan.
1)
Generally.
A preliminary site plan is the second plan in the site plan approval process. The purpose of the plan is to:
i.
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property.
ii.
Determine the placement, configuration, coverage, size, and height of buildings.
iii.
Determine the design of public street improvements and rights-of-way, the design and location of drives, aisles, and parking.
iv.
Determine the location and preliminary design of open space, landscaping, walls, screens, and amenities.
v.
Determine the preliminary design of drainage facilities and utilities.
2)
Applicability.
i.
Generally.
Except as provided in Section 8.05.d.2), an approved, valid preliminary site plan shall be required prior to the consideration of a site plan.
ii.
Properties within Planned Development.
The preliminary site plan must include all property contained within a planned development district, except as permitted as a freestanding phase of development shown on an approved, valid concept plan.
iii.
Properties Outside a Planned Development.
For property outside of a planned development district, the plan must include all contiguous property of common ownership unless the site is an approved platted lot or as permitted as a freestanding phase of development shown on an approved, valid concept plan.
3)
Application Procedures and Requirements.
i.
Pre-Application.
Before preparing a preliminary site plan, the applicant shall meet with the City as required in Section 8.05.c.
ii.
Standards of Approval.
A.
After receiving a recommendation from the Planning and Zoning Commission the City Council may approve, conditionally approve, table, or deny a preliminary site plan based on:
1.
Conformance with the Comprehensive Plan.
2.
Compliance with the Zoning Ordinance and other applicable Planning and Development Regulations and previously approved, valid plans for the property.
3.
Compliance with a previously approved, valid site-specific stormwater quality plan.
4.
Impact on the site's natural resources and effect on adjacent and area property and land use.
5.
Safety and efficiency of vehicular and pedestrian circulation, traffic control, and congestion mitigation.
6.
Safety and convenience of off-street parking and loading facilities.
7.
Access for firefighting and emergency equipment to buildings.
8.
Use of landscaping and screening to shield lights, noise, movement, or activities from adjacent properties and to complement the design and location of buildings and parking.
9.
The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
B.
Preliminary site plans that are submitted as a part of a rezoning or specific use permit request require City Council approval.
iii.
Effect.
Approval of a preliminary site plan by the Planning and Zoning Commission and City Council shall constitute authorization by the City for the owner to submit an application for final site plan approval for development of the entire site or a portion thereof provided that the site plan conforms to the preliminary site plan and any conditions attached to its approval. As long as the preliminary site plan remains valid, the location of buildings, landscaped areas, open space, streets, drives, fire lanes, median breaks, curb cuts, and parking shall remain fixed except to permit minor adjustments resulting from subsequent engineering improvements or to prevent a condition affecting public health or safety which was not known at the time of approval. Except where authorized by ordinance, a preliminary site plan may not be used to approve an exception to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
iv.
Lapse.
The approval of a preliminary site plan shall be effective for a period of 2 years from the date that the preliminary site plan is approved by the Planning and Zoning Commission and City Council, at the end of which time the applicant must have submitted and received approval of a site plan. If a site plan is not approved within 2 years, the preliminary site plan approval is null and void. If site plan approval is only for a portion of the property, the approval of the preliminary site plan for the remaining property shall be null and void. The applicant shall submit a new preliminary site plan for review and approval subject to the existing regulations.
d.
Site Plan.
1)
Generally.
A site plan is the final plan required in the site plan approval process. The site plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:
i.
Ensure compliance with applicable development regulations and previously approved, valid plans affecting the development of the property.
ii.
Coordinate and document the design of public and private improvements to be constructed.
iii.
Coordinate the subdivision of land, including the granting of easements, development agreements, and provision of surety.
2)
Applicability.
An approved, valid site plan shall be required prior to the approval of any construction plan and permit for all development specified in Section 8.06.a.3). An approved, valid preliminary site plan is required prior to the consideration of a site plan except as provided below:
i.
Development of a single building not exceeding 5,000 square feet.
ii.
Development of a single building on one lot not exceeding 1 acre (net) and where the lot is not being subdivided from a larger property.
iii.
Development of parking or outside storage areas.
iv.
Development of utilities and non-occupied structures.
v.
Development of outdoor recreation structures and amenities.
3)
Application Procedures and Requirements.
i.
Pre-Application.
Before preparing a site plan, the applicant shall meet with the City as required in Section 8.05.c.
ii.
Additional Requirements.
In addition to meeting the requirements for site plan approval, the following approvals may be necessary prior to authorization for development (if applicable to the project):
iii.
Standards of Approval.
A.
Director Approval.
1.
Where an application for site plan approval is made for development defined on an approved, valid preliminary site plan, the Director may approve, conditionally approve, or deny the application based upon the criteria listed in subsection (iii) below. [sic]
2.
The applicant may appeal the Director's decision to the City Council by filing a Notice of Appeal within 10 days following the date the Director notifies the applicant of their action.
B.
City Council Approval.
1.
After receiving a recommendation from the Planning and Zoning Commission and City Council shall consider all applications for site plan approval for development not requiring a preliminary site plan, or the proposed site plan constitutes a major amendment to an approved, valid preliminary site plan.
2.
The City Council may approve, conditionally approve, table, or deny a site plan based upon the criteria listed in subsection C below:
C.
Approval Criteria.
1.
Conformance with the Comprehensive Plan.
2.
Compliance with the Zoning Ordinance and other applicable Development Regulations and previously approved, valid plans for the property.
3.
Compliance with a previously approved, valid site-specific stormwater quality plan.
4.
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.
5.
The width, grade, and location of streets are designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
7.
The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
8.
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
9.
Protection and conservation of water courses and areas subject to flooding.
10.
The adequacy of streets, water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.
iv.
Effect.
Approval of a site plan is the City's authorization to apply for approval of building permits and to receive approval of engineering plans. So long as the site plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping, or screening. Site plan approval is separate and distinct from other permits and approvals as may be required by the City and other regulatory agencies. Approval of a site plan shall not affect other applicable regulations concerning development and land use. Except where authorized by ordinance, a site plan may not be used to approve a variance to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
v.
Lapse.
The approval of a site plan shall be effective for a period of 2 years from the date of approval by the Director, or City Council, at the end of which time the applicant must have submitted and received approval of engineering plans and building permits. If the engineering plans and building permits are not approved, the site plan approval is null and void. If engineering plans and permits have been approved only for a portion of the property and for improvements, the site plan for the remaining property and/or improvements shall be null and void. The applicant shall submit a new site plan for review and approval, subject to current regulations. Site plan approval shall expire upon completion of the improvements shown on the plan. Subsequent additional development, site modifications, and redevelopment shall be permitted in accordance with Section 8.06.d.
e.
Amendments.
1)
Generally.
i.
At any time following the approval of a concept plan, preliminary site plan, or site plan and before the lapse of such approval, the property owner(s) may request an amendment.
ii.
Amendments shall be classified as major and minor.
iii.
Any concept plan, preliminary site plan, or site plan shall be in substantial conformance with the previously approved plan.
2)
Minor Amendments.
i.
Minor amendments shall include corrections of distances and dimensions, adjustments of building configuration and placement, moving nonresidential uses within the same use category to adjacent blocks, realignment of drives and aisles, layout of parking, adjustments to open space, landscaping, and screening, changes to utilities and service locations which do not substantially change the original plan.
ii.
The Director may approve or disapprove a minor amendment.
iii.
Disapproval may be appealed to the City Council.
3)
Major Amendments.
i.
Amendments to previously approved stormwater quality areas and increases in building height and/or building proximity to an adjacent offsite residential use are considered major amendments.
ii.
Major amendments may be considered by the City Council at a public meeting in accordance with the same procedures and requirements for the approval of that plan.
A.
Extension and Reinstatement Procedure.
a.
Sixty (60) days prior to or following the lapse of approval for a concept plan, preliminary site plan, or site plan as provided in these regulations, the property owner may petition the City Council to extend or reinstate the approval. Such petition shall be considered at a public meeting of the City Council.
b.
In determining whether to grant such request, the City Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted regulations shall apply to the plan. The City Council shall extend or reinstate the plan, or deny the request, in which instance the property owner must submit a new application for approval.
c.
The City Council may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to assure compliance with the original conditions of approval. The City Council may also specify a shorter time for lapse of the extended or reinstated plan than is applicable to original approvals.
B.
Revocation of Approval.
The City Council may revoke approval of a concept plan, preliminary site plan, or site plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information which affects a significant health or safety interest.
C.
Additional Development and Redevelopment.
a.
Following the completion of improvements shown on an approved site plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised site plan.
b.
Minor expansions and redevelopment may be approved by the Director under the terms of Section 8.06.e.
c.
All other expansions or redevelopments shall require the submittal of a revised site plan and the approval of the City Council under the requirements and procedures then in effect.
(Ordinance 1450 adopted 7/8/2024)
§ 8.07 Site Design Requirements.
a.
Purpose.
The purpose of this Section is to establish minimum standards for the appearance of development and corresponding site elements that are recognized as enhancing property values and that are in the interest of the general welfare of the City.
b.
Applicability.
This section applies to all single-family, two-family, townhomes, multifamily, mixed-use, and nonresidential developments for new construction.
c.
Single-Family Dwelling, Detached, Zero Lot Line House, and Two-Family Dwelling Standards.
1)
Building Articulation.
At least four facade articulation techniques are required on each single-family or two-family structure to add variety and interest to a building. The following features are acceptable techniques of exterior articulation.
i.
One of the following:
A.
A base course or plinth course
B.
Banding, moldings, or stringcourses
C.
Quoins
D.
Oriels
E.
Cornices
F.
Arches
G.
Balconies
H.
Brackets
I.
Shutters
J.
Keystones
K.
Dormers; or
L.
Louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.).
ii.
Horizontal banding continues the length of the wall that faces a street or other similar highly visible areas.
iii.
Front porch of at least 50 square feet.
iv.
The installation of at least two (2) coach lights.
v.
Other techniques for building articulation can be substituted if approved by the Director.
2)
Roof Treatment.
Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall. Porch roofs and shed roofs must have a minimum pitch of 4" x 12".
3)
Fenestration.
Windowless exterior elevations that face a public right-of-way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second stories facing a public right-of-way.
4)
Garages.
On front entry garages, the face of a garage shall not:
i.
Be located less than 20 feet from the outer edge of a sidewalk.
ii.
Extend more than ten feet beyond the remainder of the front elevation of the primary living area of a dwelling; or
iii.
For any lot 60 feet in width or wider, be over 60% of the total frontage width of a dwelling. Porches or columns are not considered part of the front elevation of the primary living area.
5)
House Repetition.
i.
Within residential developments, single-family and two-family structures with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street.
ii.
Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations.
d.
Multifamily Residential Standards.
1)
Building Articulation.
i.
Horizontal wall planes longer than 40 feet in length shall be segmented into smaller sections by a structural or ornamental minor facade offset (recess or projection) of a minimum 4 feet deep and 8 feet wide.
ii.
The height of those offsets is equal to the building's height at the location of the offset.
3)
Fenestration.
Any glass with a visible light reflectance rating of 25% or greater is prohibited.
4)
Elements.
A multifamily development is required to provide at least two of the following elements:
i.
At least one dormer is provided for each roof plane over 1,000 square feet in area that faces a street. The dormer must be appropriately scaled for the roof plane and shall not be wider than the windows on the building elevation.
ii.
All windows feature shutters. The shutters provided must be operational or appear operational and must be in scale with the corresponding window.
iii.
All windows are emphasized through the use of molding around the windows, plant ledges, sills, shaped frames, awnings, or another similarly related architectural element.
iv.
Downspouts associated with gutters are internally incorporated into the building's construction rather than attached to the building after the construction of the facade is complete.
v.
Other similar architectural features as approved by the Director.
5)
Amenities.
i.
A multifamily development shall provide the required amount of amenities prescribed in Table 1: Multifamily Required Amenities below:
Table 1: Multifamily Required Amenities | |
|---|---|
Number of Units | Required Amenities |
1 — 10 | None |
11 — 50 | 1 |
51 — 100 | 2 |
101 — 200 | 3 |
201 — 300 | 4 |
301 + | 5 |
ii.
The amenities below may be used to fulfill the requirements listed in Table 1: Multifamily Required Amenities. Each amenity counts as one required amenity towards the requirements in Table 1. However, multiples of the same amenity do not count towards the requirements in Table 1. Additionally, to provide flexibility in development design, the Director may approve different amenities that agree with the purpose of this Sec. 8.07.
A.
Swimming pool (minimum 1,000 square foot surface area) with cooling deck (minimum ten feet wide in all areas).
B.
Jacuzzi or hot tub area (minimum 50 square foot area).
D.
Ramada(s), arbor(s), and/or trellis(es) covering at least 1,000 square feet of recreation space.
E.
Child play lot (minimum 3,000 square foot area) with equipment specifically designed to meet the following three age cohorts: 0-2 years old, 2-5 years old, and 5-12 years old.
F.
A splash pad (water play amenity for children) that is a minimum of 1,000 square feet in area.
G.
A dog park that is at least 5,000 square feet in area that:
1.
Is enclosed by a minimum five-foot tall vinyl-coated chain link fence; and
2.
Uses grass, wood chips, or a combination of the two as surface materials; and
3.
Provides at least one dog waste station that includes a bag dispenser and waste receptacle installed along the perimeter of the enclosure for every 2,500 square feet of the associated dog park.
H.
Regulation-size volleyball, basketball, tennis, or other similarly related playing court.
I.
Golf putting green (minimum 1,000 square feet).
J.
Fitness center/weight room (minimum 500 square feet).
K.
Business center (minimum 500 square feet).
L.
Media room (minimum 500 square feet).
e.
Single-Family Dwelling, Attached and Townhouse Structure Standards.
1)
Building Articulation.
At least two facade articulation techniques are required on each attached residential dwelling unit to add variety and interest to a building. The following features are acceptable techniques of exterior articulation.
i.
One of the following:
A.
A base course or plinth course.
B.
Banding, moldings, or stringcourses.
C.
Quoins.
D.
Oriels.
E.
Cornices.
F.
Arches.
G.
Balconies.
H.
Brackets.
I.
Shutters.
J.
Keystones.
K.
Dormers; or
L.
Louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.).
ii.
Horizontal banding continuing the length of the wall that faces a street or other similar highly visible areas.
iii.
Front porch of at least 50 square feet.
iv.
The installation of at least two (2) coach lights.
v.
Other techniques for building articulation can be substituted if approved by the Director.
2)
Roof Treatment.
Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall. Porch roofs and shed roofs must have a minimum pitch of 4" x 12".
3)
Fenestration.
Windowless exterior elevations that face a public right-of-way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second stories facing a public right-of-way.
4)
Garages.
On front entry garages, the face of a garage shall not:
5)
Unit Repetition.
i.
Buildings with substantially identical exterior elevations can only repeat every four (4) lots or structures when fronting the same right-of-way including both sides of the street.
ii.
Buildings side by side or across the street within one building (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations.
6)
Amenities.
i.
Townhouse Dwellings shall provide the required amount of amenities prescribed in Table 2: Single-Family Dwelling, Attached & Townhouse Dwellings Required Amenities below:
Table 2: Townhouse Dwellings Required Amenities | |
|---|---|
Number of Units | Required Amenities |
1 — 10 | None |
11 — 50 | 1 |
51 — 100 | 2 |
101 — 200 | 3 |
201 — 300 | 4 |
301 + | 5 |
ii.
The amenities below may be used to fulfill the requirements in Table 2: Townhouse Dwellings Required Amenities. Each amenity counts as one required amenity towards the requirements in Table 2: Required Amenities. However, multiples of the same amenity do not count towards the requirements in Table 2. Additionally, to provide flexibility in development design, the Director may approve different amenities that agree with the purpose of this Sec. 8.07.
A.
Swimming pool (minimum 1,000 square foot surface area) with cooling deck (minimum ten feet wide in all areas).
B.
Jacuzzi or hot tub area (minimum 50 square foot area).
D.
Ramada(s), arbor(s), and/or trellis(es) covering at least 1,000 square feet of recreation space.
E.
Child play lot (minimum 3,000 square foot area) with equipment specifically designed to meet the following three age cohorts: 0-2 years old, 2-5 years old, and 5-12 years old.
F.
A splash pad (water play amenity for children) that is a minimum of 1,000 square feet in area.
G.
A dog park that is at least 5,000 square feet in area that:
1.
Is enclosed by a minimum five-foot tall vinyl-coated chain link fence; and
2.
Uses grass, wood chips, or a combination of the two as surface materials; and
3.
Provides at least one dog waste station that includes a bag dispenser and waste receptacle installed along the perimeter of the enclosure for every 2,500 square feet of the associated dog park.
H.
Regulation-size volleyball, basketball, tennis, or other similarly related playing court.
I.
Golf putting green (minimum 1,000 square feet).
J.
Fitness center/weight room (minimum 500 square feet).
K.
Business center (minimum 500 square feet).
L.
Media room (minimum 500 square feet).
f.
Nonresidential Standards (the following standards shall not apply to structures located within the Architectural Overlay Zone).
1)
Building Articulation.
i.
All buildings shall utilize facade offsets and appropriate fenestration to add variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.
ii.
Elevations that are 50 feet or longer in horizontal length require at least two offsets (projection or recess) from the primary facade plane of at least 18 inches deep and 4 feet wide.
iii.
The height of those offsets is equal to the building's height at the location of the offset.
2)
Roof Treatment.
i.
Long uninterrupted roof lines and planes shall be broken into smaller segments through the use of scaled gables or dormers, changes in height, changes in roof form, type or planes that typically correspond to offsets in the building's facade, or other appropriate architectural elements.
ii.
Parapet roof lines shall feature a well-defined cornice treatment or another similar element to visually cap each building elevation.
4)
Elements.
All buildings or developments shall be required to provide at least two of the following elements:
i.
The primary entrance for all buildings shall feature a protected entry through the use of a recessed entry, porte-cochere, awning, canopy, or similar feature that serves the same purpose. The covering shall be at least three feet in depth when measured from the face of the adjoining facade.
ii.
All building elevations shall feature at least two facade offsets (recess or projection) of at least five feet in depth for every 50 feet of horizontal length.
iii.
All building elevations shall feature at least three distinct roof lines.
iv.
All primary and secondary building entrances, excluding emergency exits and service doors, feature a recessed entry, canopy, awning, or similar sheltering feature of at least 50 square feet.
(Ordinance 1462 adopted 1/13/2025)
§ 8.08 Screening and Fencing.
a.
Purpose.
The purposes of this section are to:
1)
Minimize conflicts between potentially incompatible land uses and development on the abutting property.
2)
Ensure that screening devices and fences are attractive and in character with the neighborhood.
3)
Maintain fences by recognizing their use to create privacy; and
4)
Distinguish screening devices and fences from each other by clearly defining the two terms and applying specific standards to each term.
b.
Applicability.
This section applies to all development within the City's corporate limits. This section does not apply to single-family dwelling, two-family dwelling, or zero lot line house unless otherwise specified.
c.
Screening Device Standards.
1)
Generally.
i.
All required screening devices must be equally finished on both sides.
ii.
All openings on the surface for passage shall be equipped with gates equal in height and screening characteristics specified below, but need not be of the same material as the main fence or wall.
iii.
Where a screening device is constructed, placed or planted on uneven terrain, there shall be no gap under the device, and the device must be composed of the same material throughout.
iv.
No screening device comprised of brick, masonry, concrete, or solid metal shall be erected or placed that would interfere with the installation or maintenance of any public utility line, service, or drainage way within a dedicated easement unless approved by the City Engineer.
vi.
Any required screening device provided by a more intensive use abutting a single-family dwelling, two-family dwelling, or zero lot line house or residential district shall be permanently and adequately maintained by the more intensive use's property owner.
vii.
If there is an existing screening device or fence along a single-family dwelling, two-family dwelling, or zero lot line house property line and a nonresidential, multifamily, or townhouse use is proposed, the required screening device shall be a living plant screen that complies with the requirements established under Sec. 14.06.004 of Article 14.06 (Minimum Landscaping Requirements) in Chapter 14 (Zoning) of the Code of Ordinance and is deemed acceptable by the Director. However, this requirement may be exempted if a 5-foot minimum space between two screening devices and fences is provided for maintenance access. The intent of these requirements is to eliminate screening situations where two screening walls or fences abut each other.
viii.
Before issuing an occupancy permit, all approved screening devices must be in place.
ix.
All screening devices shall be permanently and continually maintained in a neat and orderly manner as a condition of use. The occupancy permit may be revoked by the Director for failure to adequately maintain such screening device.
2)
Exceptions.
Required screening devices are not required if:
i.
An approved screening device already exists along the property line.
ii.
The portion of the subject property to be screened contains a wooded area that shall be maintained for the life of the project.
iii.
The portion of the subject property to be screened is adjacent to a floodplain containing existing trees that provide natural screening.
3)
Design Requirements.
A screening device shall be erected or placed in all locations and in accordance with all provisions specified below:
i.
Height.
The minimum and maximum screening device height follow the requirements established in the Required Screening Height table below.
Required Screening Height | ||
|---|---|---|
Screening | Minimum Height | Maximum Height |
Garbage, Trash, or Refuse Container | 7 ft | 10 ft |
Outdoor Storage | 8 ft | 10 ft |
Multifamily/Townhouse | 6 ft | 8 ft |
Industrial | 8 ft | 10 ft |
Other Required Screening | 6 ft | 8 ft |
ii.
Materials.
The materials shall consist of one or more of the following unless specified elsewhere in this Zoning Ordinance (See Allowed Screening Devices):
1.
Brick masonry, stone masonry, concrete block, or other architectural masonry finish; or
2.
Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of 20 feet on center with structural supports spaced every ten feet, and with sufficient evergreen landscaping to create a solid screening effect; or
3.
Living plant screens (Evergreen shrubs with a minimum of three feet in height at the time of planting) that will not be detrimental to adjacent property and will provide sufficient visual screening based on the proposed location and characteristics of the project.
4.
Alternate equivalent screening that provides an exceptional screening aesthetic, meets sound structural practices and engineering design criteria, meeting the intent and function of this Section at the discretion of the Director and City Engineer.
Allowed Screening Devices  |
4)
Locational Requirements.
The following locational requirements apply:
i.
All allowed open storage of materials, equipment, or commodities shall be screened from view from all streets and any single-family dwelling, two-family dwelling, or zero lot line properties. Materials, equipment, or commodities shall be stacked no higher than one foot below the top of the screening device or visual barrier.
ii.
Garbage, trash, or refuse containers shall meet the requirements established in Sec. 8.09.
iii.
All wrecking yards, junkyards, or salvage yards shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent residential property.
iv.
Display of new vehicles, or used vehicles not defined as junked vehicles under the ordinances of the City or laws of the State of Texas, need not be screened if they are, in the opinion of the chief building official, maintained in a neat and orderly manner.
v.
Ground mechanical and heating and air conditioning equipment in nonresidential and multifamily uses shall be screened from view from the public right-of-way and from adjacent residential property.
vi.
Roof-mounted mechanical units shall be screened from view at a point of 5.5 feet above the property line with a parapet wall, mansard roof, or alternative architectural element. The height of the screening element shall be equal to or greater than the height of the mechanical unit provided that the element shall not extend more than 5 feet above the roof on a one or two-story building or more than 13 feet above the roof on a building of 3 or more stories. A mechanical unit that is taller than the maximum permitted height of the screening feature shall be set back from the screen 5 feet plus 2 feet for each foot exceeding the height of the screen. Screening for mechanical units shall apply to new building construction only.
vii.
At automotive uses, vehicles awaiting repair for more than 24 hours or after the close of business shall be screened from view from public right-of-way and from adjacent residential property.
viii.
A screening device meeting the standards established in Required Screening Height table shall be constructed on nonresidential property adjacent to the common side or rear property line.
ix.
Nonresidential uses in a residential district shall be screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of that nonresidential use. These screening requirements are not required for public schools, parks, or religious land uses, except where a parking lot or active outdoor intensive-use area (such as a playground) is adjacent to a residential lot or dwelling.
x.
Off-street loading areas of any non-residential use shall be screened from view of any residential dwelling or lot or of any other adjacent public land use.
xi.
Where a multifamily or townhouse use abuts a single-family or two-family use or district, the side and rear property lines of that multi-family or townhouse use shall be screened from view of adjacent dwelling(s).
xii.
No screening device or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential district, either on a corner lot or interior lot, unless otherwise allowed by the Board of Adjustment through a variance request.
xiii.
Where a nonresidential use abuts a residential lot, use, or district, the side and rear property lines abutting that residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use, or district to the nonresidential use to a height not less than six feet.
xiv.
Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half feet.
d.
Fencing Standards.
1)
Generally.
i.
Solid fences shall not be allowed in the required front yard in any district, except for the Multifamily Residential Dwelling District, Lower Density District (A-1) and Multifamily Residential Dwelling District, Higher Density (A-2) district. In these instances, a 20-foot minimum setback shall be required for fencing along the right-of-way frontage.
ii.
No fence shall exceed three feet in height in the required front yard in any residential district.
iii.
No fence shall be allowed in the required right-of-way.
iv.
No fence shall conflict with sight visibility requirements.
v.
Every fenced enclosure constructed under the provisions of this section shall have at least one gate in its perimeter.
vi.
Chainlink fencing is only allowed on single-family residential lots and industrial sites.
vii.
All fences constructed under this section's provisions shall be maintained to comply with this section's requirements at all times. The Director may order the repair or removal of a fence if it is more than 5% damaged or leaning 10 degrees from vertical. Fences shall be repaired in compliance with the provisions of this section.
2)
Corner Lots.
i.
On all corner lots in residential districts with opposing rear lot lines, fences may be constructed not exceeding 96 inches in height along the side and rear yard lines, as indicated in the 96 Inch Height Limit diagram.
96 Inch Height Limit  |
ii.
On all residential district corner lots where the rear lot line is opposed to a side lot line across an alley from that side lot line, no fence exceeding 30 inches in height shall be constructed upon or within the side yard that is next to the street at a distance from the side building line greater than the minimum side yard requirement, as indicated in the Fence near Alley diagram.
Fence near Alley  |
iii.
On all residential district corner lots that are key lots, the corner lot shall have a front building line on both streets, unless that key lot is separated from other lots by a dedicated street or alley. Where the lot lines are opposed to a side lot line of an adjoining lot, no fence exceeding 30 inches in height shall be constructed between the front building lines and the side yard line of the abutting lot, as indicated in the Fence at Corner (Key Lot) diagram.
Fence at Corner (Key Lot) .tif.png "014A Fence at Corner (Key Lot).tif") |
3)
Design Requirements.
i.
Height.
The minimum fence height is 6' from average lot grade with a maximum height of 8'.
ii.
Construction.
1.
Treated lumber attached with galvanized screws to 2-3/8" diameter galvanized poles installed in an 8" diameter holes no less than 2-1/2 feet deep in 2' of premixed concrete.
2.
All posts shall have caps.
3.
Brick, stone, masonry, vinyl materials or a combination with masonry columns every 8 feet. All columns shall be at least 18 inches wide and must be the vertical length of the fence.
4.
Vinyl materials cannot be used in multi-family areas.
5.
No thin-wall masonry walls are allowed unless constructed with brick, stone, or other approved masonry units and supported by angle iron with masonry columns on piers.
6.
All thin-wall plans shall be sealed by a professional engineer and approved by the City. A "thin wall" is defined as any wall 6" or less in width.
7.
At the minimum, wrought iron fences shall have:
I.
2" by 2" by 3/16" square steel tube posts with cast iron pyramid finial "C-1" secured with stainless steel set screws.
II.
Steel tube posts spaced no more than 8 feet from another post.
III.
5/8" solid square pickets spaced 3" to 10" apart.
IV.
A 3/4" by 3/4" by 1/8" channel horizontal rail near the upper half of the fence.
4)
Security Fencing.
i.
Barbed wire fences used in conjunction with permitted agricultural and related activities are permitted without restrictions, but are expressly prohibited in all other districts except as provided below.
ii.
In residential areas, barbed wire, razor wire, electrified fencing, or other hazardous material are not allowed in the construction of fencing.
iii.
No fence that conducts an electrical current is allowed in any district or for any use except for those uses in an agricultural zoning district or correctional facility.
iv.
Barbed wire strands may be placed on top of permitted fences and screening devices in any district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than 12 feet nor the bottom strand lower than eight feet from the adjacent grade line.
v.
Barbed wire may be placed on gate arms, fences, and screening devices in industrial zoning districts.
(Ordinance 1462 adopted 1/13/2025)
§ 8.09 Trash.
a.
Purpose.
The purpose of this Section is to provide adequate provisions for on-site waste disposal and collection while promoting sightly development.
b.
Applicability.
This Section applies to all nonresidential development within Bonham's corporate limits. This Section does not apply to residential development unless otherwise specified.
c.
Standards.
1)
Generally.
i.
Garbage, trash, or refuse containers require enclosures and shall meet the requirements established in Sec. 8.08c.
ii.
Two enclosures are required on every lot. This requirement shall be met by either a double enclosure or two single enclosures on every lot.
iii.
All enclosures are fully screened on all sides.
iv.
Enclosure materials shall be masonry or concrete block and the same color as the exterior walls of the main structure.
v.
A solid metal gate is required, and when open is not allowed to encroach within any fire lane.
vi.
No solid metal gate shall exceed 8 feet in height.
vii.
Enclosures shall also be complemented by a living plant screen as established in Sec. 8.08c.3).
viii.
Garbage, trash, or refuse containers shall not be located in front of the main building unless no other option is available.
ix.
Gates shall remain closed except when in use for access.
x.
All required garbage, trash, or refuse containers shall comply with Sanitation Solutions, Inc., design requirements. If Sanitation Solutions, Inc., is no longer the City's approved provider, then all required garbage, trash, or refuse containers shall comply with the design requirements of the City's newly contracted provider.
xi.
Within the Heritage Corridor District (Overlay) (HC), City contractor-approved rolling carts (Sanitation Solution carts, etc.) may be used to meet this Section's requirements.
2)
Design.
Garbage, trash, or refuse containers shall comply with the design specifications below.
i.
Trash compactor enclosures and all other enclosure types shall comply with the Texas Commission on Environmental Quality Office of Waste's specifications for Municipal Solid Waste. https://www.tceq.texas.gov/permitting/waste_permits/msw_permit s/msw.html).
ii.
All enclosure types shall provide a minimum of 40 feet of straight backing, as measured from the front gates of the enclosure, to accommodate a sanitation truck's maneuverability. If special circumstances prevent straight backing from being provided, the Texas Commission on Environmental Quality Office of Waste shall have the authority to approve angled or alternative backing movements.
iii.
All enclosure types shall provide a 24-foot vertical clear zone, unless otherwise approved by the Texas Commission on Environmental Quality Office of Waste's specifications.
iv.
Shared Garbage, Trash, or Refuse Containers.
A.
Within the Heritage Corridor District (Overlay) (HC) any nonresidential use, except for automotive and industrial uses, may share a garbage, trash, or refuse container with another nonresidential use by providing a shared garbage, trash, or refuse container agreement to the Director.
B.
The garbage, trash, or refuse container agreement shall be filed with the Fannin County Clerk.
C.
A garbage, trash, or refuse container agreement shall be approved by the Director before filing with the County.
(Ordinance 1462 adopted 1/13/2025)