Bruceville Eddy City Zoning Code
§ 8
Area regulations.
8-100
Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, lot coverage and front, side and rear yards.
8-101
Lot area.
The minimum residential lot area for the various districts must be in accordance with the following schedule except that a lot having less area than herein required which was an official “Lot of Record” prior to the adoption of this Ordinance may be used for a single-family dwelling and no lot existing at the time of passage of this Ordinance may be reduced in area below the minimum requirements set forth herein:
In the following zoning districts the minimum lot area for each residential dwelling unit must be in accordance with the following schedule:
Schedule of Minimum Required Lot Areas Per Family Unit | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 1 acre | 22,500 | 9,000 | 6,000 | 5,000 | 6,000 | 7,000 | 6,000 | 6,000 | 6,000 | – | – |
Two-Family Dwelling | – | – | – | – | – | 4,000 | 3,500 | – | 3,500 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | 2,000 | 1,800 | – | 1,800 | – | – | ||
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 600 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 3,500* | 3,500 | – | – | – | 3,500* | – | – | – | – | – | – |
Manufactured Home in Subdivision | 4,000 | 4,000 | – | – | – | 4,000 | – | – | – | – | – | – |
Modular/Industrialized Housing | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | – | – | – | – |
Manufactured Home on Individual Lot** | 1 acre** | 22,500** | 9,000** | 6,000** | 5,000** | 4,000 | – | – | – | – | – | – |
Schedule of Minimum Required Lot Areas Per Family Unit | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 1 acre | 22,500 | 9,000 | 6,000 | 5,000 | 6,000 | 7,000 | 6,000 | 6,000 | 6,000 | – | – |
Two-Family Dwelling | – | – | – | – | – | 4,000 | 3,500 | – | 3,500 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | 2,000 | 1,800 | – | 1,800 | – | – | ||
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 600 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 3,500* | 3,500 | – | – | – | 3,500* | – | – | – | – | – | – |
Manufactured Home in Subdivision | 4,000 | 4,000 | – | – | – | 4,000 | – | – | – | – | – | – |
Modular/Industrialized Housing | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | – | – | – | – |
Manufactured Home on Individual Lot** | 1 acre** | 22,500** | 9,000** | 6,000** | 5,000** | 4,000 | – | – | – | – | – | – |
8-200
Lot width.
The minimum lot width for lots in the various districts used for residential purposes must be in accordance with the following schedule, except that a lot having less width than herein required which was an official “Lot of Record” prior to the adoption of this Ordinance may be used as a single-family dwelling and no lot existing at the time of passage of this Ordinance may be reduced in width below the minimum set forth herein.
8-201
In the following zoning districts the minimum lot width for residential uses must be in accordance with the following schedule:
Schedule of Minimum Required Lot Width | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 100 | 80 | 70 | 60 | 50 | 50 | 50 | 50 | 50 | 50 | – | – |
Two-Family Dwelling | – | – | – | – | – | 60 | 60 | – | 60 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | – | 60 | 60 | – | 60 | – | – | |
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 60 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 35 | 35 | – | – | – | 40 | – | – | – | – | – | – |
Manufactured Home in Subdivision | 40 | 40 | – | – | – | 40 | – | – | – | – | – | – |
Modular/Industrialized Housing | 40 | 40 | 40 | 40 | 40 | 40 | 40 | 40 | – | – | – | – |
Manufactured Home on Individual Lot* | 100* | 80* | 70* | 60* | 50* | 40 | – | – | – | – | – | – |
Minimum Required Lot Width in Feet |
Note: – Indicates Width Not Applicable |
*Manufactured Housing is Allowed in the A, UE, SF-1, SF-2 and SF-3 Districts Only By Conditional Use Permit |
8-300
Lot depth.
The minimum lot depth for the various districts must be in accordance with the following schedule, except that a lot having less depth than herein required which was an official “Lot of Record” prior to the adoption of this Ordinance may be used for a single-family dwelling and no lot existing at the time of passage of this Ordinance may be reduced in depth below the minimum set forth herein.
8-301
In the following zoning districts the minimum required lot depth for residential uses must be in accordance with the following schedule:
Schedule of Minimum Required Lot Depth | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 150 | 125 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | – | – |
Two-Family Dwelling | – | – | – | – | – | 100 | 100 | – | 100 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | – | 120 | 120 | – | 120 | – | – | |
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 120 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 80 | 80 | – | – | – | 80 | – | – | – | – | – | – |
Manufactured Home in Subdivision | 100 | 100 | – | – | – | 100 | – | – | – | – | – | – |
Modular/Industrialized Housing | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | – | – | – | – |
Manufactured Home on Individual Lot* | 150* | 125* | 100* | 100* | 100* | 100 | – | – | – | – | – | – |
Minimum Required Lot Width in Feet |
Note: – Indicates Width Not Applicable |
*Manufactured Housing is Allowed in the A, UE, SF-1, SF-2 and SF-3 Districts Only By Conditional Use Permit |
8-400
Front yard.
8-401
In the following zoning districts the minimum required front yard must be in accordance with the following schedule and no building, structure or use may hereinafter be located, erected, or altered so as to have a smaller front yard than hereinafter required, and no front yard existing at the time of passage of this Ordinance may be reduced below the minimum set forth in the following schedule:
Schedule Minimum Required Front Yards | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Minimum Required Front Yard Except As Hereinafter Described | 50 | 30 | 25 | 25 | 20 | 20 See 8-402(2) | 25 | 25 See 8-402(7) | 15 | None See 8-402(10) | - | - |
Minimum required front yard specified in feet |
8-402
Special front yard regulations.
1.
In all districts except the “A” agricultural district where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard must comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.
2.
A manufactured home in a manufactured home park or subdivision must observe a minimum front yard of twenty (20) feet.
3.
Where a building line has been established by plat or ordinance and such line requires a front yard setback greater or lesser in depth than is prescribed by this Ordinance for the district in which the building line is located, the required front yard must comply with the building line established by such Ordinance or plat.
4.
The front yard is measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet.
5.
Where lots have double frontage, running through from one street to another, a required front yard must be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.
6.
If buildings along the frontage or [of] any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which the street frontage is located, then the average setback of all buildings fronting upon such street between two intersecting streets will establish the minimum front yard requirement. All vacant lots will be assumed to have a minimum front yard specified for the district in computing the average front yard, these provisions will not be interpreted as requiring a setback or front yard greater than fifty (50) feet nor will they be interpreted as requiring any building to observe a front yard of more than ten (10) feet greater than the front setback observed by any building on a contiguous lot. These provisions will be superseded on any lot where a minimum building line has been established by plat or ordinance and the front yard or setback provisions of such plat or ordinance must be observed.
7.
In the MF-2 districts, a minimum front yard of fifteen (15) feet is required in all cases provided, however, that this setback must be increased in MF-2 Districts 1 foot for each 3 feet of additional building height.
8.
In the PD (planned development) district front yards will be established in the amending ordinance, explicitly or by reference.
9.
Gasoline service station pump islands may not be located nearer than twelve (12) feet to the front property line and the outer edge of the canopy shall not be nearer than (10) feet to the front property line. On corner lots, both street exposures must be treated as front yards.
10.
In the GB, LI, and HI districts no front yard is required, except that no structure may be erected nearer than thirty (30) feet to the centerline of any street on which such structure fronts.
11.
A buying and receiving area for a Recycling Operation Inside a Building, Recycling Operation Outside a Building, and Wrecking Yard must be set back at least fifty (50) feet from any public street or thoroughfare.
12.
A minimum seventy-five (75) feet separation must be observed between any processing operation and the bounding property line of any property zoned for residential purposes.
13.
Internal circulation area within a tract used for a recycling operation shall provide a non-permeable surface of either asphalt or concrete.
14.
Where a lot abuts the turnaround at the end of a cul-de-sac street, the setback required in any of the residential zoning districts may be reduced by not more than ten (10') feet if the lesser setback to be observed is shown on the plat approved by the City Council and recorded with the county clerk of McLennan County or Falls County (the county within which the property is situated), and if such building line is part of a plan for the orderly development of a subdivision either with a uniform or staggered building line provided, however, that such resulting building line shall be not less than sixty-five (65') feet from the center of radius point of such turnaround.
8-500
Side yard.
8-501
In the following zoning districts the minimum required side yard must be in accordance with the following schedule and no building, structure or use may hereafter be located so as to have a smaller side yard on each side of such building than herein required, and no side yard existing at the time of passage of this Ordinance may be reduced below the minimum set forth herein:
Schedule of Minimum Required Lot Areas Per Family Unit | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 1 acre | 22,500 | 9,000 | 6,000 | 5,000 | 6,000 | 7,000 | 6,000 | 6,000 | 6,000 | – | – |
Two-Family Dwelling | – | – | – | – | – | 4,000 | 3,500 | – | 3,500 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | 2,000 | 1,800 | – | 1,800 | – | – | ||
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 600 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 3,500* | 3,500 | – | – | – | 3,500* | – | – | – | – | – | – |
Manufactured Home in Subdivision | 4,000 | 4,000 | – | – | – | 4,000 | – | – | – | – | – | – |
Modular/Industrialized Housing | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | – | – | – | – |
Manufactured Home on Individual Lot** | 1 acre** | 22,500** | 9,000** | 6,000** | 5,000** | 4,000 | – | – | – | – | – | – |
Schedule of Minimum Required Lot Areas Per Family Unit | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 1 acre | 22,500 | 9,000 | 6,000 | 5,000 | 6,000 | 7,000 | 6,000 | 6,000 | 6,000 | – | – |
Two-Family Dwelling | – | – | – | – | – | 4,000 | 3,500 | – | 3,500 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | 2,000 | 1,800 | – | 1,800 | – | – | ||
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 600 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 3,500* | 3,500 | – | – | – | 3,500* | – | – | – | – | – | – |
Manufactured Home in Subdivision | 4,000 | 4,000 | – | – | – | 4,000 | – | – | – | – | – | – |
Modular/Industrialized Housing | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | – | – | – | – |
Manufactured Home on Individual Lot** | 1 acre** | 22,500** | 9,000** | 6,000** | 5,000** | 4,000 | – | – | – | – | – | – |
Schedule of Minimum Required Lot Areas Per Family Unit | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of Use | A | UE | SF-1 | SF-2 | SF-3 | MH | MF-1 | MF-2 | LR | GB | LI | HI |
Single-Family Detached Dwelling | 1 acre | 22,500 | 9,000 | 6,000 | 5,000 | 6,000 | 7,000 | 6,000 | 6,000 | 6,000 | – | – |
Two-Family Dwelling | – | – | – | – | – | 4,000 | 3,500 | – | 3,500 | – | – | |
Multiple-Family Dwelling 1-3 Stories | – | – | – | – | 2,000 | 1,800 | – | 1,800 | – | – | ||
Multiple-Family Dwelling Over 3 Stories | – | – | – | – | – | – | 600 | – | – | – | – | |
Manufactured Home in Manufactured Home Park | 3,500* | 3,500 | – | – | – | 3,500* | – | – | – | – | – | – |
Manufactured Home in Subdivision | 4,000 | 4,000 | – | – | – | 4,000 | – | – | – | – | – | – |
Modular/Industrialized Housing | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | 4,000 | – | – | – | – |
Manufactured Home on Individual Lot** | 1 acre** | 22,500** | 9,000** | 6,000** | 5,000** | 4,000 | – | – | – | – | – | – |
8-502
Special side yard regulations.
1.
Every part of a required yard must be open and unobstructed by any building, except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and a roof eave or canopy projecting not to exceed twenty-four (24) inches into the required side yard.
2.
A minimum side yard of fifteen (15) feet must be provided for multiple-family dwellings between any building wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet in length may provide a minimum side yard of ten (10) feet. Where a building wall contains no openings for windows, light or air, a minimum side yard of ten (10) feet must be provided between such wall and the side lot line. Where high-rise apartment buildings, exceeding three (3) stories in height are erected in the MF-2 or other districts permitting such construction, the side yard must be increased one (1) foot for each two (2) feet the structure exceeds three (3) stories but no side yard need exceed fifty (50) feet.
3.
On a corner lot, a side yard adjacent to a street for a multiple-family dwelling not exceeding three (3) stories in height must not be less than fifteen (15) feet and no balcony or porch or any portion of the building may extend into such required side yard except that a roof or eave may overhang such side yard not to exceed four (4) feet.
4.
On a corner lot used for single-family or two-family dwellings, both street exposures must be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard by a building line shown on an approved subdivision plat containing a side yard of fifteen (15') feet or more, the building line provisions on such plat shall be observed. On lots which were official “Lots of Record” prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street must comply with the required side yard for the respective districts as specified in 8-501.
5.
A single-family attached dwelling must provide a minimum required side yard adjacent to a side street of fifteen (15) feet.
6.
In GB, LI and HI districts, a zero (0) interior side yard is allowed for nonresidential uses except where a commercial, retail or industrial use or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district, in which event the following shall apply: If the building height exceeds forty (40) feet, increase the setback by one (1) foot for each three (3) feet over forty (40) feet in building height. In GB, LI and HI districts, a minimum ten (10) foot side yard must be provided on the side adjacent to a residential district. If the building height exceeds forty (40) feet, increase the setback by one (1) foot for each three (3) feet over forty (40) feet in building height.
7.
In GB, LI and HI districts, nonresidential uses must provide a ten (10) foot side yard setback adjacent to a street.
9.
The minimum side yard requirements in a Planned Development district will be established on the site plan, in the amending ordinance, or by reference district.
8-600
Rear yard.
No building or structure may hereafter be located, erected or altered to have a rear yard smaller than herein required and no rear yard existing at the time of passage of this Ordinance may be reduced below the minimum set forth below.
8-601
In the A, UE, SF-1, SF-2, SF-3, MF-1, MF-2, LR, and GB districts, no main residential building may be constructed nearer than ten (10) feet to the rear property line. Manufactured homes shall observe a minimum rear yard of ten (10) feet, unless adjacent to property zoned A, UE, SF-1, SF-2, or SF-3, in which case a twenty (20) foot rear yard setback must be observed. Patio homes shall observe a minimum rear yard of ten (10) feet.
8-602
In the LR, GB, LI or HI districts, no rear yard is specified for nonresidential uses, except where, retail, commercial or industrial uses back upon a common district line, dividing the district from any on the residential districts listed herein, in which case a minimum rear yard of ten (10) feet is required. Where an alley exists, no rear yard is required.
8-603
Every part of a required rear yard must be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot except for accessory buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed three (3) feet into the required rear yard.
8-604
The minimum required rear yard in a PD (Planned Development) district shall be established on the site plan, by the amending ordinance, or by reference district.
8-605
Where multiple-family dwellings exceed three (3) stories in height, a rear yard equal to one (1) foot for each two (2) feet in height is required, except that no such rear yard need exceed fifty (50) feet as a result of this provision, and except further that in the MF-2 district, no rear yard exceeding ten (10) feet is required where the rear wall of a multiple-family residential structure contains no openings or windows for light or air.
8-700
Lot coverage.
The maximum percentage of lot area as outlined in 8-701 which may hereafter be covered by the main building and all accessory buildings shall not exceed the following schedule.
8-701
In the following zoning districts, the maximum building lot coverage for multiple-family dwellings must conform to the following schedule:
District | Maximum Lot Coverage Main Building | Maximum Lot Coverage Main Buildings and Accessory Buildings |
|---|---|---|
MF-1 | 40% | 50% |
MF-2 | 40% | 50% |
Note: Open off-street parking or loading areas will not be computed in a lot coverage as herein specified. |
8-702
In the following districts, the maximum building lot coverage for all buildings must not exceed the following schedule:
District | Maximum Lot Coverage Main Buildings | Maximum Lot Coverage Main Buildings and Accessory Buildings |
|---|---|---|
LR | 35% | 45% |
MF-2 | 40% | 50% |
GB | 50% | 60% |
LI | 55% | 65% |
HI | 55% | 65% |
8-800
Floor area ratio.
Except as hereinafter provided, no building or structure may be erected, added to or altered to exceed the maximum floor area ratio standards in the various zoning districts as set forth herein.
8-801
In the following zoning districts, the maximum floor area ratio (FAR) for any building or structure shall be as follows:
District | Maximum Floor Area Ratio | ||
|---|---|---|---|
Building Area | Land Area | ||
LR, Local Retail | 0.6 | to | 1 |
GB, General Business | 0.4 | to | 1 |
LI, Light Industrial | 0.2 | to | 1 |
HI, Heavy Industrial | 0.2 | to | 1 |
Note: Structure used for off-street parking of vehicle shall not be computed as area subject to floor area ratio (FAR) standards. |
8-901
Court standards.
The minimum dimension and area of outer or inner courts provided in buildings occupied for multiple-family purposes shall be in accordance with the following provisions.
1.
Outer courts residential structures.
a.
For multiple-family structures, three (3) stories or less in height, any outer court which is used for access of light or air and which has doors or windows or which may be used for emergency access purposes must provide a minimum width equal to the depth of the court up to twenty (20) feet, but the width of any such outer court need not exceed twenty (20) feet even though the depth of the court may exceed such dimension.
b.
For residential structures exceeding three (3) stories in height, any outer court which is used for access of light or air or which has doors or windows or which may be used for emergency access purposes must provide a minimum width equal to the depth of the court up to fifty (50) feet, but the width of any such outer court need not exceed fifty (50) feet even though the depth of the court may exceed such dimension.
2.
Inner courts residential structures.
a.
For residential structures three (3) stories or less in height, any inner court which is used for access of light or air or which has doors or windows or which may be used for emergency access purposes must provide minimum dimensions in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed twenty (20) feet even though the height of the enclosing walls may exceed such dimension.
b.
For residential structures exceeding three (3) stories in height, any inner court which is used for access of light or air or which has doors or windows or which may be used for emergency access purposes must provide a minimum dimension in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed fifty (50) feet even though the height of the enclosing walls may exceed such dimension.
8-902
Accessory building and structure regulations.
Area regulations for accessory buildings or accessory structures in residential and apartment districts.
1.
Front yard.
Attached accessory buildings are deemed a part of the main building and require the same yard space as the main building. Detached accessory buildings or structures must be located in the area defined as the rear yard.
2.
Side yard.
A side yard is required for any accessory building or structure located in a residential area of not less than three (3) feet from any side lot line, alley line or easement line, except that adjacent to a side street the side yard shall never be less than ten (10) feet. Where a one-hour firewall is provided, no side yard need be provided on one side of a lot only for an accessory building located in the rear one-half (1/2) of the lot.
3.
Rear yard.
a.
A rear yard is required for any accessory building or structure of not less than three (3) feet measured from any lot line, alley line or easement line. In residential districts, the main building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Detached carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described may not be located closer than ten (10) feet to the main building nor nearer than three (3) feet to any side lot line, except where a firewall has been provided which meets the requirements of the building and fire codes of the City, in which case no rear yard for accessory buildings is required.
b.
Where a garage or carport is designed and constructed to be entered from an alley or side street, such garage or carport must be set back from the side street or alley a minimum distance of fifteen (15) feet to facilitate access without interference to the use of the street or alley by other vehicles or persons.
8-910
Area regulations for landscaping.
The purpose of these landscaping standards is to enhance the attractiveness of the city through a limited amount of landscaping provided in conjunction with new business development.
8-911
Applicability of standards.
These standards will not apply to single-family or duplex residential uses located in any zoning district, since these uses typically exceed the required landscaping. All other land uses, including apartments, offices, retail, commercial and industrial uses, and parking lots will be subject to these standards. Existing development is encouraged, but not required, to provide this landscaping standard.
8-912
Landscaping standards.
These landscaping standards will be applicable in conjunction with a building permit for new development, or an addition to an existing site, which increases site intensity on the lot or tract by 100% or more. Site intensity includes, but is not limited to, number of apartment units, or square footage proposed for office, retail, commercial, or industrial development.
1.
The developer of each lot or tract subject to these standards is required to provide a minimum landscaped area of 5% of the lot area to be utilized. Required landscaped area must be living trees, shrubs, turf, and/or other living groundcover, native to Central Texas and McLennan County, as described below.
Each phase of a phased project shall comply with the requirements of this section. The required landscaped area must be located in the front and/or side yards, except in the GB, LI, and HI districts where no front or side yard is required. In these districts, required landscaping shall be provided between the main building(s) and the street(s) to which the building(s) is (are) oriented.
2.
Areas covered by driveways, paved walks or street and alley rights-of-way will not be counted as part of the total lot area when calculating the 5% minimum landscaping requirement; however, if the street right-of-way is developed with plant materials conforming to these standards, and is combined into an integrated landscape plan with required landscaping, total required landscaping may be reduced to 3% of the lot area. The street right-of-way adjacent to the required landscaped area shall be maintained by the adjacent property owner in the same manner as the required landscaping.
3.
The height and placement of landscaping shall observe the intersection visibility triangle defined in Section 13-101-1.
4.
Where a fence or wall is required by Section 13-102-1, the fence or wall may be located within the required landscaped area.
5.
At least one (1) tree, two inches (2") in caliper is required to be planted in the landscaped area or parking lot for each forty feet (40'), or fraction thereof, of linear street frontage. The required number of trees need not be placed uniformly, but may be clustered in groups. Tree species shall be a minimum of five feet (5') overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways, or other public works shall be prohibited.
Trees planted shall be a minimum of 2" caliper except as indicated, staked and wrapped, and shall be live oak, red oak, cedar elm, bald cypress, silver maple, Japanese black pine, Mondale pine, or other trees of similar quality. Yaupon, crepe myrtle, and other similar trees shall not be required to be a minimum of 2" caliper.
As an alternative to satisfying the requirement above for one tree per forty (40') feet, three (3) shrubs, a minimum of five (5) gallons each in size, may be substituted.
6.
In instances where healthy plant material exists on a site prior to its development, the application of the above landscaping requirements may be adjusted if these standards are satisfied.
7.
All plant material required by this Section shall be maintained at all times in a living and growing condition. All required landscaping shall be irrigated by an automatic sprinkling system or have access to a hose connection within 100 feet of all landscaping.
8.
A final certificate of occupancy may be issued without the required landscaping in place, provided a letter of credit or other suitable assurance is given that landscaping complying with these standards will be installed no later than six (6) months after issuance of the certificate of occupancy.
8-920
Sidewalk standards.
1.
Sidewalks are required to be built whenever a new building or structure is built on, or if an existing building or structure is remodeled to increase its property value by 50% or more on, any lot or tract of land adjoining an arterial or collector street. Sidewalks are required along both sides of arterial streets and one side of collector streets. Sidewalks are not required where an applicant is requesting a building permit for a single-family residence (site-built) unless there are sidewalks on adjoining property or the City Secretary reasonably determines that extension of sidewalks to property adjoining the single lot will occur within five years. The location of new sidewalks along a collector street shall be in the established pattern, or as determined by the City Secretary considering available right-of-way and existing or future infrastructure, or, all factors being equal, along the north and east sides of the collector. Sidewalks shall be built in accordance with the City’s specifications and typical construction details.
2.
Construction plans shall be submitted to the City with the building permit application. Required sidewalks must be constructed before the City will issue a certificate of occupancy or grant a final clearance for a new building or structure.
3.
On property developed for single-family residential use, the City and developer shall share the cost of sidewalk construction with the developer bearing the cost of width of a collector street sidewalk, and the City bearing the additional cost of the width necessary for an arterial width sidewalk.
4.
The intent of this provision is to provide safe, continuous pedestrian access along arterial and collector streets, for the purpose of safely linking residential areas, neighborhood services, retail services and public facilities.
5.
The City Secretary may refer a request for waiver to the City Council or exercise discretion to waive all or a portion of the requirement that a sidewalk be constructed as a condition of a building permit if he/she determines:
6.
Factors.
In determining whether special conditions for granting a waiver exist, the City Secretary should consider:
(a)
the anticipated volume of vehicular and pedestrian traffic in the area based on the proposed development and the current or future uses of surrounding property (as reflected by zoning, thoroughfare, sidewalk and area studies, maps and plans adopted by the City Council);
(b)
the likelihood that a proposed new sidewalk will connect to other sidewalks in the adjoining areas;
(c)
whether the area for which a waiver is being requested is likely to serve as a pedestrian link between public or private facilities in adjoining areas;
(d)
whether any unique topographical or other physical conditions exist which negate or substantially lessen the need for a sidewalk; and
(e)
whether due to the width or the anticipated reconstruction of adjoining roadways, construction of a sidewalk on the property under consideration makes economic sense.
(Ordinance 2003-01, sec. 8, adopted 3/4/03; Ordinance 2003-9-4, sec. 8, adopted 9/4/03; Ordinance 2003-9-4 part I, secs. III–VI, adopted 3/4/04)