Chandler City Zoning Code
ARTICLE 19
GENERAL PROVISIONS
§ 19-1 ACCESS.
1.
Use of residentially zoned property for access
No residentially zoned land shall be used for driveway, walkway, or access purposes to any land which is non-residentially zoned or used for any purpose not permitted in a residential district except for ingress and egress to a use existing at the time of adoption of this Ordinance which does not abut a public street.
2.
Access to commercial uses
Where a parcel of property zoned for commercial use abuts more than one (1) street, access from either street to such property will be permitted only if no residentially zoned property lies immediately across such street from such commercially zoned property; provided, however, access may be permitted from any major collector or major thoroughfare and provided further, that one (1) point of access shall be permitted in any case, notwithstanding other provisions of this Ordinance.
3.
Facing of commercial uses
Commercial uses shall face other commercial or industrial districts across a street if within a commercial or industrial zone, and shall not face residential zones which may front on an intersecting or rear street adjacent to such commercial or industrial zone.
(Ordinance 03-01 adopted 3/11/03)
§ 19-2 ALCOHOL SALES.
1.
Permitted Uses
a.
The sale of alcoholic beverages for Off-Premises Consumption shall only be permitted by Neighborhood Convenience Centers that derive fifteen percent or more of its gross revenue from the sale of nonalcoholic products and products not subject to motor fuel tax.
b.
Beer and Wine Retail Sales for Off-Premises Consumption (No Drive-Through of alcohol sales) and Prepackaged Alcoholic Beverage Retail Sales for Off-Premises Consumption (No Drive-Through of alcohol sales) and holding an alcoholic beverage permit issued by the City Secretary of the City of Chandler will be allowed to operate only in areas that are zoned B-1 (Local Business), B-2 (General Business), and (THOR) Thoroughfare.
c.
Beer and Wine Retail Sales for Off-Premises Consumption (Drive-Through of alcohol sales) and Prepackaged Alcoholic Beverage Retail Sales for Off-Premises Consumption (Drive-Through of alcohol sales) are not permitted in any district.
d.
The sale of alcoholic beverages for On-Premises Consumption shall only be permitted by restaurants or hotel/motels where such uses are permitted and which hold a food and beverage certificate and the restaurant or hotel/motel’s revenue from the sale of alcoholic beverages shall be less than fifty percent of its gross revenue.
e.
Beer, Wine and Mixed Beverage Sales for On-Premises Consumption will be allowed to operate only in areas that are zoned B-1 (Local Business), B-2 (General Business), and (THOR) Thoroughfare.
f.
Any business, existing or new, that desires to sell any alcoholic beverage within the city limits of the City of Chandler must obtain an alcoholic beverage permit issued by the City.
2.
Sale of Alcoholic Beverages for Off-Premises Consumption Prohibited Near Public Schools, Private Schools, Churches or Hospitals
a.
It shall be unlawful for any dealer to sell alcoholic beverages for Off-Premises consumption from or at a place of business within this city within 300 feet of a church, public or private school.
b.
The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door and in direct line across intersections.
c.
The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the place of business to the property line of the school and in a direct line across intersections.
3.
Sale of Alcoholic Beverages Prohibited Near Day-Care Centers and Child-Care Facilities; Exception
a.
It shall be unlawful for any holder of a wine and beer retailers permit, mixed beverage permit, retail dealers on premises license or brew pub license who does not hold a food and beverage certificate to sell alcoholic beverages from or at a place of business within this city within 300 feet of a day-care or child-care facility.
b.
This section does not apply to a foster group home, foster family home, family home, agency group home or agency home as those terms are defined by Section 42.002 of the Texas Human Resources Code.
c.
The measurement of the distance between the place of business where alcoholic beverages are sold and the day-care center or child-care facility shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business and in a direct line across intersections.
4.
Variances for Distance Requirements
The City Council may allow variances to the above mentioned distance regulations as permitted by state law if the City Council determines that the enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community. Applications for variances shall be made to the City Secretary and an application fee of $100.00 shall be paid concurrently with the application.
5.
Sale of Alcoholic Beverages Prohibited in Residential Areas
It shall be unlawful for any person or dealer to sell alcoholic beverages on residential lots, tracts, or parcels of land zoned as residential within this city.
6.
Consumption of Alcoholic Beverage and Possession of an Open Container on a Public Park or Near Public or Private Schools; Exception
a.
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public park.
b.
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, public sidewalk or public park and is within 1,000 feet of the property line of a facility that is a public or private school including a parochial school that provides all or any part of pre-kindergarten through twelfth grade.
c.
This section does not apply to the possession of an open container or the consumption at an event duly authorized by the City Council and held in compliance with all other applicable provisions of this ordinance.
7.
Signage.
No person may erect or maintain a billboard, electric sign, or any outdoor advertising in violation of any ordinance of the City of Chandler, Texas or this ordinance.
a.
No person shall erect or maintain a Billboard, Electric Sign, or any Outdoor Advertising for the sale or consumption of an alcoholic beverage within the city limits of the City of Chandler, Texas.
b.
No person shall erect post or display any signs for the sale or consumption of alcoholic beverages or other forms of advertisement inside the alcoholic beverage establishment if same can be viewed from a public street.
8.
Local Fees for License and Application
a.
For On-Premises Consumption, the City hereby levies an annual fee in a sum equal to fifty percent of the State’s third renewal fee for a mixed beverage permit with a food and beverage certificate, and all other licenses required, as authorized by the Texas Alcoholic Beverage Code, except a temporary or agent’s beer license issued for premises locations within the corporate limits of the city.
b.
For Off-Premises Consumption, the City hereby levies an annual fee in a sum equal to fifty percent of the State’s fee for a beer retailer’s off-premises license, and all other licenses required, as authorized by the Texas Alcoholic Beverage Code, except a temporary or agent’s beer license issued for premises locations within the corporate limits of the city.
c.
There is hereby levied a $150.00 administrative processing fee for acceptance, review and verification of all new applications.
d.
All payments shall be made to the city along with the submission of the application. The city shall issue a receipt for display with the state license or permit on the licensed or permitted premises.
(Ordinance O-061212A adopted 6/12/12)
§ 19-3 BOUNDARIES WHEN PUBLIC PROPERTY ABANDONED.
1.
For any public street or alley that is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. In the event abandoned property is not divided at the centerline for abutting properties, the zoning districts applicable shall apply to such ownership lines as determined by virtue of such abandonment.
2.
For any public property other than streets or alleys, the regulations applicable to the zoning classifications which abut the abandoned property for the greatest number of lineal feet shall apply to the entire property. For purposes of this subsection, property separated by an intersecting street shall be deemed to abut said abandoned property along the centerline of such street right-of-way.
(Ordinance 03-01 adopted 3/11/03)
§ 19-5 HOME OCCUPATIONS.
1.
Home occupations shall include any professional and personal services meeting the standards and criteria stated below, but shall not include activities at the premises involving retail and wholesale sales and services, automotive or similar repair businesses, automotive body repair businesses or other such similar businesses.
2.
Persons desiring a permit for a home occupation shall make application for same to the Building Inspector. The Building Inspector shall determine whether the home occupation is clearly incidental and subordinate to the dwelling unit. If such is the case, a permit for same shall be issued by the Building Inspector.
Once said home occupation permit is issued to an applicant, it cannot be transferred to a second applicant through the sale, leasing, or rental of the premises on which said home occupation is located or in any other manner. Such application for a permit shall contain such information as the Building Inspector may require, but, in any event, shall include the following:
a.
Name of applicant;
b.
Location of residence where the home occupation will be conducted;
c.
Total floor area of the residence;
d.
Area of room or rooms to be utilized in the conduct of the home occupation;
e.
A sketch with dimension[s] showing the floor plan and the area to be utilized for the conduct of the home occupation; and
f.
The exact nature of the home occupation.
3.
Any person may seek revocation of a home occupation permit by making application therefor to the Building Inspector, who shall cause an investigation to be made to determine whether the permit holder is conducting said home occupation in a lawful manner as prescribed by this section. In the event that the Building inspector determines that the permit holder is in violation of the provisions of this section, said permit shall be immediately revoked by the Building Inspector. The decision of the Building Inspector shall be subject to appeal to the Board of Adjustment.
4.
All home occupations shall comply with the following standards and criteria before permits can be issued:
a.
The home occupation shall be conducted only within the principal building.
b.
No more than one (1) additional person other than the residents residing on the premises shall be employed or engaged in said home occupation at the premises.
c.
There shall be no alteration or change to the outside appearance, character, or use of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding one (1) square foot in area, non-illuminated, mounted flat against the wall of the principal building.
d.
No home occupation shall occupy more space than twenty percent (20%) of the total floor area of a residence, exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters, provided, however, that in no event shall such home occupation occupy more than five hundred (500) square feet.
e.
No commodities or goods of any kind shall be sold on the premises, nor displayed on the premises for sale elsewhere.
f.
No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors, or Electrical interference detectable to the normal senses outside the dwelling unit, nor shall there be any combustible materials located anywhere on the premises which might prove hazardous to the public’s welfare. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in live voltage off the premises.
g.
No articles or materials used in connection with such home occupation shall be stored on the premises other than in the principal building so used; limits herein established; [sic] however, the heights of these structures or appurtenance thereto shall not exceed the height limitations within any airport flight approach zone.
(Ordinance 03-01 adopted 3/11/03)
§ 19-6 MINIMUM PROPERTY FRONTAGE.
1.
In all districts, no building or structure except as hereinafter provided shall be erected on a lot or parcel of land which does not abut a public street for the required minimum lot width of the district where such is located. However, a residential dwelling may be erected on a lot or parcel of land which abuts at least one (1) public or private street for at least fifty (50) feet, except that a minimum street abutment distance of at least twenty-five (25) feet, may apply to properties of an irregular shape bordering curving streets or cul-de-sacs provided that a minimum building line width of fifty (50) feet is met at the required front yard setback line.
2.
Any building or structure existing on a lot or parcel of land in violation of the preceding paragraph prior to the effective date of this Section may be modified, enlarged, or extended; provided said modification, enlargement, or extension shall not be closer to any property line than the required side and/or back yard area applicable to the district within which such building or structure is located.
(Ordinance 03-01 adopted 3/11/03)
§ 19-7 NONCONFORMING USES.
1.
General
Any lawful use of land or a building existing at the date of passage of this Ordinance and located in a district in which it is not permitted under this Ordinance, is hereby declared a legal nonconforming use, and not in violation of these regulations provided. However, such nonconforming use shall be subject to the regulations in this section.
2.
Certificate of Occupancy
a.
The owner of a nonconforming building or use shall certify, by affidavit to the Building Inspector, that his building or use was made nonconforming by the passage of this Ordinance.
b.
On acceptance of the affidavit the Building Inspector shall issue a Certificate of Occupancy for the nonconforming use or building. Such certificate shall designate the location, nature, and extent of such nonconforming use and any additional data necessary for issuance of said certificate.
c.
If, upon review of the affidavit, any illegally established violation of previous or existing ordinances or codes is found, the Building Inspector shall not issue said certificate of occupancy and shall declare such use to be in violation of this Ordinance and shall act accordingly.
d.
Any use not in conformance with this Ordinance and for which no Certificate of Occupancy has been issued shall be presumed to be in violation of these zoning regulations and shall be treated accordingly.
3.
Continuation of nonconforming use of land
Any use of land in legal existence prior to passage of this Ordinance may continue as to its specific use at the time of passage. This shall not, however, limit any other authority of the City in controlling or abating nuisances, hazards, or infringement on public welfare.
4.
Change of nonconforming use
a.
A nonconforming use may be changed to another similar nonconforming use where in the opinion of the Board of Adjustment such new use:
1)
will not extend the life of a nonconforming use,
2)
will reduce traffic, sound, odor, smoke, or number of employees,
3)
will not include structural alteration or expansion, or
4)
will improve the character and value of surrounding property.
Such change in use may be permitted only following formal application for change with the Board of Adjustment. Where proper findings are made, the Board of Adjustment may direct the Building Inspector to issue the necessary permits. |
b.
Whenever a nonconforming use has been changed to a conforming use, it shall not revert to a nonconforming use.
5.
Restoration of nonconforming buildings
a.
Nonconforming buildings may be restored only if destruction caused by fire, explosion, or act of God is fifty (50) percent or less of its structural valuation prior to such destruction. The determination of such reduced structural valuation shall be made by an appraiser appointed by the City.
b.
Any building whose destruction exceeds ten (10) percent but less than fifty (50) percent of its prior structural valuation must apply for a building permit for reconstruction within six (6) months and commence reconstruction within twelve (12) months of the date of the described destruction.
c.
In lieu of such reconstruction, the nonconforming use shall be considered abandoned. and such building shall be permitted to be reconstructed as a permitted use only.
6.
Discontinuance or abandonment of nonconforming use
Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of two (2) years shall thereafter conform to the provisions of this Ordinance.
(Ordinance 03-01 adopted 3/11/03)
§ 19-8 OFF-STREET PARKING AND LOADING REQUIREMENTS.
1.
Off-street Parking Required
Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected, constructed or expanded by over 50% of its original gross square footage, or any building or structure is converted for a use requiring more parking as outlined in 2.d. adequate off-street parking with adequate provision for ingress and egress shall be provided in accordance with the requirements of this ordinance.
2.
Rules for computing number of parking spaces
In computing the number of parking spaces required for each of the uses herein described, the following rules shall govern:
a.
“Floor Area” shall mean the gross floor area of the specific use.
b.
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
c.
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
d.
Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.
e.
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
f.
All parking lots are required to comply with the TEXAS ACCESSIBILITY STANDARDS (TAS):
Total Parking in Lot | Required Minimum number of Accessible Spaces |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2 percent of total |
1,001 and over | 20 plus 1 for each 100 over 1,000 |
3.
Parking requirements based on use
a.
Residential use requirements:
b.
Nonresidential use requirements:
(1)
Barber and beauty shops: Two (2) parking spaces per barber or beauty chair.
(2)
Bowling alley: Five (5) parking spaces for each alley.
(3)
Banks and Financial Institutions: Five (5) parking spaces for the first 1,000 square feet with one (1) parking space for every additional 300 square feet of gross floor area or portion thereof[.]
(4)
Child day care center: One (1) storage space for loading and unloading children per every three (3) children based on the center’s child capacity plus one (1) parking space for every employee.
(5)
Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium.
(6)
Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.
(7)
Dance hall, assembly or exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area used therefor.
(8)
Drive-in banks: Eight (8) storage spaces per every teller window designed to serve drive-in patrons to be provided in the approach lane to each drive-in window or in a common reservoir storage area; provided it does not interfere with other required off-street parking plus one parking space per every three (3) employees.
(9)
Drive-in cleaners and other similar drive-in facilities not herein specified: Three (3) storage spaces for every drive-in window designed to serve drive-in patrons to be provided in the approach lane to each service window or in a common reservoir storage area; provided it does not interfere with other off-street parking plus one (1) parking space per every (3) employees.
(10)
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop: Two (2) parking spaces plus one additional parking space for each six hundred (600) square feet of floor area over one thousand (1,000).
(11)
Gasoline service station: Two (2) parking spaces per each service stall, (a service stall being an area for vehicles maintenance not including washing stalls or areas for pumping gasoline) plus two (2) spaces for employees.
(12)
Hospital: Four (4) parking spaces plus one additional parking space for each four (4) beds.
(13)
Hotel: One (1) parking space for each two (2) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.
(14)
Laundromats and self-service dry cleaning establishments: one (1) parking space per every two (2) washing and/or dry cleaning machines.
(15)
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment: One parking space for each two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but riot [not] less than one parking space for each six hundred (600) square feet of floor area.
(16)
Medical professional services (medical or dental clinics and offices): Eight (8) parking spaces for the first 1,000 square feet plus one (1) parking space per every one hundred and fifty (150) square feet of gross floor area.
(17)
Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral set-vice [service] rooms.
(18)
Motor-vehicle salesrooms and new or used car lots: One (1) parking space for each eight hundred (800) square feet of sales floor or lot area used as display. All auto display or storage areas must be paved in asphalt or concrete.
(19)
Offices of non-medical professional services (business offices, offices of lawyers, architects, engineers, etc.): One (1) parking space per every three hundred (300) square feet of gross floor area.
(20)
Private club, lodge, country club or golf club: One (1) parking space for each one hundred fifty (150) square feet of floor area or forty-five (5) [sic] members, whichever is greater.
(21)
Restaurant, nightclub, cafe or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of floor area.
(22)
Retail store or personal service establishment, except as otherwise specified herein: One (1) parking space for each two hundred (200) square feet of floor area.
(23)
Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms.
(24)
Sanitarium, convalescent home, home for the aged or similar, institution: One (1) parking space for each six (6) beds.
(25)
School, elementary: One (1) parking space for each ten (10) seats in the auditorium or main assembly room or one (1) space for each classroom, whichever is greater.
(26)
School, secondary: One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
(27)
Studio (dance, gymnastics, cheer etc.)[:] One (1) parking space per every two hundred (200) square feet of gross floor area excluding locker rooms.
(28)
Supermarkets, convenience grocery stores, or self-service food stores containing over two thousand five hundred (2,500) square feet of gross floor area: One (1) parking space per every one hundred fifty (150) square feet of gross floor area.
(29)
Theater, auditorium (except school), sports arena, stadium, or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces.
(30)
Tourist home, Bed and Breakfast, cabin or motel: One (1) parking space for each sleeping room or suite.
(31)
Vehicular washing facilities: Three (3) storage spaces per every washing stall to be provided in the approach lane to each washing stall.
(32)
Warehousing, manufacturing and industrial concerns with retail business on premises: One (1) parking space per every three hundred (300) square feet of gross floor area.
4.
Location of parking spaces
All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:
a.
Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served.
b.
Not more than fifty (50) percent of the parking spaces required for (1) theaters, bowling alleys, dance halls, night clubs or cafes, and not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used by (2) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (1); provided, however, that written agreement thereto is properly, executed and filed as specified below.
In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. |
5.
Minimum dimension for off-street parking
a.
Ninety-Degree Angle Parking.
Each parking space shall be not less than nine (9) feet wide nor less than nineteen (19) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four (24) feet perpendicular to the building or parking line.
b.
Sixty-Degree Angle Parking.
Each parking space shall be not less than ten (10) feet wide perpendicular to the parking angle nor less than nineteen (19) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty-two (22) feet perpendicular to the building or parking line.
c.
Forty-five-Degree Angle Parking.
Each parking space shall be not less than twelve (12) feet wide perpendicular to the parking angle nor less than nineteen (19) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or parking line.
d.
Alley Parking.
When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.
e.
Additional parking.
Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required shall comply with the minimum requirements for parking and maneuvering space herein specified.
6.
Off-street loading Area Required
Except as otherwise provided in this Section, no Building shall be erected, constructed, or expanded by over 50% of its original gross square footage, for a retail, commercial or industrial use that receives or distributes materials or goods by means other than a passenger vehicle, without providing at the time the Building is erected, constructed, or reconstructed, a minimum off-street Loading Area with adequate provision for ingress and egress by delivery vehicles, in accordance with the requirements of this Part.
a.
Location.
The off-street Loading Area required by this Part shall be located on the same Lot as the Principal Building or use served.
b.
Size.
The off-street Loading Area required by this section shall be sufficient to accommodate the largest delivery vehicle customarily used in connection with the principal use of the Lot. A site plan shall be submitted with the application for a building permit identifying the size and location of the proposed Loading Area and the types of delivery vehicles customarily used in connection with the applicant’s use of the Lot.
c.
Loading Area Accessibility.
A Loading Area shall be individually and easily accessible. No delivery vehicle shall be required to stop or back onto any Street or sidewalk or otherwise obstruct the flow of traffic to enter or leave the Loading Area.
d.
Access Driveway.
A Loading Area shall be connected to a Street or Alley by an access driveway with a minimum width of eighteen (18) feet.
7.
Access Driveway
a.
Except as otherwise provided in this ordinance, every Parking Lot shall be connected to a Street or Alley by an access driveway with a minimum width of[:]
(1)
Twelve (12) feet for a private driveway to a Single-Family Dwelling, Two-Family Dwelling, Multiple-Family Dwelling, Agricultural, Commercial or Industrial driveway with a one-way entrance or exit.
(2)
Twenty-four (24) feet for a Multiple-Family Dwelling, Agricultural, Commercial or Industrial driveway with a two-way entrance and exit.
b.
The maximum width of an access driveway shall be thirty-six (36) feet.
c.
The maximum slope of an access driveway shall not exceed 10 percent. Transition slopes in an access driveway shall be provided in accordance with the standards set by the City’s engineer.
d.
An access driveway serving a Single-Family Dwelling or Two-Family Dwelling shall not be located within five (5) feet of an adjoining Lot Line unless it is a shared driveway serving two Lots. If an access driveway is shared then the owners of the Lots shall execute and file in the Official Records of Henderson County, Texas an easement permitting the shared use of the driveway.
e.
An access driveway serving a Single-Family Dwelling or Two-Family Dwelling shall not be located on another Lot unless it is a shared driveway serving two Lots. An access driveway shall not pass through a Lot to serve another Lot that does not adjoin a Street.
8.
Construction Standards
a.
The Parking Spaces, adjacent aisles, access driveways, and loading area shall be covered with an asphalt, concrete or similar impervious surface. An area used to display vehicles for sale must follow the same parking construction standards.
b.
All required Parking Spaces shall be striped unless it is a private garage or Parking Space for the exclusive use of a Single-Family Dwelling or Two-Family Dwelling.
9.
Lighting
a.
Adequate Illumination of Parking Lots is required for all Parking Lots with more than eight (8) parking spaces. Illumination may be provided through light fixtures on either a pole or a Building.
b.
All lights illuminating a Parking Lot shall be designed and located so as to reflect away from any Street and adjacent Lot.
10.
Use of a Parking Lot
A commercial Parking Lot shall be used to park motor vehicles or trailers. A parking lot may not be used for a flea market, rummage sale or garage sale with the following exceptions:
a.
A business may have a sidewalk/parking lot sale if the sale is directly related to the business, however, no more than 30% of the required parking spaces may be used.
b.
A nonprofit agency may have a sale in a parking lot with permission of the owner during a time the business is not open.
c.
A Parking Lot shall not be used to sell motor vehicles or trailers unless, on a property with a Certificate of Occupancy for new or used vehicle sales,
11.
Parking and Storage of Junked or Abandoned Motor Vehicles or Trailers or Towed Motor Vehicles
a.
Except as otherwise provided in this Section, a motor vehicle that has been towed to a Lot, or a motor vehicle or trailer that does not operate or is not capable of being used in its current condition shall not be parked or stored on a Lot for more than 24 hours unless:
b.
This Section shall not apply to a Junk Yard or Salvage Yard that otherwise complies with this ordinance.
12.
Maintenance Required
Any improvements required by this Section must be properly maintained in a state of good repair and neat appearance at all times.
(Ordinance O-071012A adopted 7/10/12)
§ 19-9 BUILDING FINISH STANDARDS AND ARCHITECTURAL DESIGN STANDARDS.
1.
Definitions.
(a)
Pitched roof
means a roof system having one or more slopes and excluding visible flat or built-up roofs.
2.
Architectural Design Standards.
(a)
Roof Design.
A Building with a footprint of 6,000 square feet or less shall be designed and constructed with a Pitched Roof. A Building with a footprint of more than 6,000 square feet shall be designed and constructed with either a pitched, parapet or mansard roof enclosed on all sides. A standing seam metal roof shall be constructed of a factory-treated, non-metallic, matte finish. Metal roofs with lapped-seam construction, bituminous built-up roofs, and flat, membrane-type roofs that are visible from a Street are prohibited.
(b)
The materials proposed for use as Exterior Finishes shall be selected so as to convey an impression of permanence and durability. In addition, the materials and colors shall be chosen so as to create an attractive and coordinated appearance taking into consideration the architectural style of the proposed Building, any significant architectural features in surrounding Buildings or Structures and the natural conditions of the Lot where the Building is to be located.
(c)
A schedule of Exterior Finishes shall be included in the site plans submitted to the Planning and Zoning Commission and City Council for approval.
(Ordinance O-2019-0813-C adopted 8/13/19)
§ 19-10 VALIDITY OF PREVIOUSLY ISSUED PERMITS IN CONFLICT WITH THESE REGULATIONS.
Permits for either the construction of buildings or for the use of land or buildings which have been issued prior to the adoption of this Ordinance and which are in violation with the regulations of this Ordinance shall be declared void unless evidence is shown to establish that substantial expenditures have been made either for the preparation of plans for construction or for preliminary planning. Investment in real property shall not be construed as an expenditure towards construction. Unless actual construction work, including grading and excavation, is underway within six (6) months after the adoption of this Ordinance such permit shall become void.
(Ordinance 03-01 adopted 3/11/03; Ordinance O-071012B adopted 7/10/12)