Copper Canyon City Zoning Code

On residential lots of less than two (2) acres in size, no more than two (2) minor accessory building and one (1) major accessory building shall be authorized provided, however, that only two (2) accessory structures (one minor and one major) shall be permitted on lots of one (1) acre or less in size.

Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35') or the height of the primary structure.

The footprint of a major accessory building may not exceed 1,200 square feet.

Accessory buildings shall be located only in the rear yard.

On residential lots of two (2) acres or more but less than five (5) acres in size, no more than three (3) minor accessory buildings and two (2) major accessory buildings shall be authorized.

Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35') or the height of the primary structure.

The combined footprint of all major accessory buildings may not exceed the greater of (a) 50% of the first-floor area of the principal dwelling, or (b) 2.0% of the lot size, or (c) 2,000 square feet.

Accessory buildings shall be located only in the rear yard.

On residential lots of five (5) acres or more but less than ten (10) acres in size, no more than five (5) minor accessory buildings and three (3) major accessory buildings shall be authorized.

Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35').

The combined footprint of all major accessory buildings may not exceed 2.0% of the lot size.

If there is a residential dwelling on the lot, no accessory buildings shall be located between the front of the dwelling and the street. Exception may be made for a caretaker’s/guard’s residence with approval of the Town Council.

On residential lots of ten (10) acres or in size, accessory buildings are not limited in number.

Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35').

The combined footprint of all major accessory buildings is not limited.

Accessory buildings may be situated on the property at the property owner’s discretion without regard to the location of the residential dwelling but subject to all other requirements defined herein.

For lots of two (2) acres or less, the color of a major accessory building roof must closely resemble the color of the walls or roof of the principal building; however, nothing herein shall prohibit the use of unpainted galvanized metal for roofing unless the major accessory building is on a lot of two (2) acres or less and will be habitable in which case the color and construction materials must be the same as the principal residential dwelling. Further, the walls of an accessory building may consist of exterior siding, stone, metal or masonry unless the major accessory building is on a lot of two (2) acres or less and will be habitable in which case the color and construction materials must be the same as the principal residential dwelling.

For lots of two (2) acres or less, no accessory building shall be located in the front yard of any lot, or the side yard of any lot abutting a street.

No accessory building shall be located within any easement.

Major accessory buildings may be used as habitable space, including such usages as a caretaker’s/guard’s residence, a guest house or a servant’s quarters, provided that the lot has a principal single-family dwelling. If the owner intends for a major accessory building to be used as habitable space, it must be so indicated on a plan submitted to the Town for approval. For any major accessory building on a lot of two (2) acres or less to be habitable, it must: (1) be constructed of the same type of materials as the principal residential dwelling, and (2) have the same roofing materials as the principal residential dwelling. All major accessory buildings to be used as habitable space must meet all Town residential occupancy requirements.

No accessory building may be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of stormwater flows. A drainage plan, approved by the Town Engineer, shall be required for any accessory building that impacts drainage and said drainage plan shall provide for the proper diversion or impoundment of stormwater flows.

For any lot on which a septic system is located, no accessory building may be placed on said lot in such a location that may interfere with or prohibit the routine maintenance, replacement and repair of the septic system. For any such lot, a plan shall be provided to the Town showing the layout of the septic system, the location of the proposed accessory building, and shall be subject to review by the Town’s OSSF inspector to verify no interference with septic system maintenance, replacement and repair.

The color of accessory building walls must be neutral or earth-tone unless the major accessory building is on a lot of two (2) acres or less and will be habitable in which case the color and construction materials must be the same as the principal residential dwelling.

The rear yard setback for any accessory building shall be a minimum of fifteen feet (15') and the side yard setback for any accessory building shall be a minimum of fifteen feet (15').

A detached garage shall be considered an accessory building.

In all residential zoning districts, a building or structure attached to the principal building or structure by only a breezeway shall be considered as being a detached accessory building or structure.

Building height shall be measured from top of slab to roof ridge.

For lots of less than five (5) acres, all accessory buildings must be serviced by the same utility meters or connections as the principal residential dwelling unless separate meters or connections already exist at the date of this ordinance’s enactment.

The Town Council may grant exceptions to these requirements for major accessory buildings on residential lots upon a finding by the Town Council that there are unique circumstances, including but not limited to lot size, existing or proposed use of the property or site-specific issues, that merit an exception to these requirements. Any exception shall be considered after a public hearing by the Town Council on the proposed exception, and the Town shall give the public notice of the public hearing by depositing such notice in the mail addressed to all owners of real property located within 200 feet (200') of the property which is the subject of the public hearing. The mailed notice shall be given at least ten (10) days prior to the date set for the public hearing. On the date that the item is set for public hearing, the Town Council shall conduct a public hearing on the exception request giving any individual who desires to present information or evidence on the appropriateness or inappropriateness of the exception the opportunity to appear before the Town Council and present such information. At the conclusion of the public hearing, the Town Council, by majority vote, shall determine whether an exception shall be granted.

When property owners own two or more contiguous properties, then this Section 4-104 shall be applied to the acreage of the combined properties and should be considered applicable to each individual property.

The pool is not located in any required front or side yard abutting a street,

All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, that direct rays from the lights shall not be visible from adjacent properties; and

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.

During the construction phase, a permanent or temporary barrier meeting the requirements of (5) below is required.

In conjunction with construction, or after completion of construction, of any outdoor swimming pool, and after inspection and approval by the Town prior to plastering or filling with water, there shall be installed a barrier that shall comply with the following:

Encourage the location of towers in nonresidential areas;

Minimize the total number of towers throughout the community;

Encourage the joint use (co-location) of new and existing towers; and

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

All municipally owned towers and tower support structures shall be permitted in any district (e.g., public safety communications and similar governmental uses).

All commercial communications towers shall comply with all regulations of the Federal Communications Commission (FCC) and the regulations contained herein shall not apply to the extent that they have been preempted by specific regulations of the FCC to the contrary.

Height. The height of commercial communications towers shall be measured from the average grade of the ground adjacent to the base to the highest point on the structure. If located on a building, the height of the tower shall include the height of the building. Commercial communications towers shall not be subject to the height regulations of the district in which they are located, provided that they shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).

Setbacks. The principal support structure of all commercial communications towers shall be located so as to provide a minimum distance from the tower to all property lines equal to 100 percent (100%) of the height of the tower.

Residential districts. When a commercial communications tower is proposed in or adjacent to a residential district, it shall be demonstrated that existing or approved commercial communications towers within the proposed service area cannot accommodate the equipment planned to be located on the proposed commercial communications tower. Factors to be considered in evaluating the practicality of siting a tower shall include structural capacity, RF interference, geographic service area requirements, and cost (if fees and costs for sharing would exceed the cost of the new tower).

Anchor location. Commercial communications tower peripheral supports and guy anchors may be located within required yard setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five feet from any property line and no closer than 20 feet from a property line if the tower is adjacent to a single-family residential district or residential uses. All commercial communications tower supports and peripheral anchors shall be set back a minimum of 50 feet from any existing or planned street right-of-way line.

Location of accessory structures. All structures accessory to a commercial communications tower, other than peripheral guy anchors, shall conform to the setback standards for the district in which the use is located.

Fencing. A solid fence or wall of brick, stone or approved masonry construction not less than eight feet in height from finished grade shall be constructed around each commercial communications tower and around each guy anchor, if used. Access to the tower shall be through a locked gate. Barbed wire shall be used along the top of the fence or wall if it is necessary to preclude unauthorized access to the tower.

High voltage signs. If high voltage is necessary for the operation of the commercial communications tower and it is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER.”

Landscaping and screening. Commercial communications towers shall be screened as follows: a landscape screen and masonry wall shall be placed around the perimeter of the tower and any accessory structures, including guy anchors, provided that the landscape screening requirement may be waived when the base of the tower is not visible from adjacent lots or rights-of-way. Landscaping shall be placed on the outside of fences.

Additional uses permitted on lot. Commercial communications towers may be located on lots containing another principal use, and may occupy a leased parcel on a lot meeting the minimum lot size requirement of the district in which it is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of 50 feet.

Removal of obsolete facilities. All obsolete or unused commercial communications towers shall be removed by the owner or operator within 12 months of cessation of use.

Radiation standards. A commercial communications tower shall comply with current FCC standards for nonionizing electromagnetic radiation (NIER).

Co-location of commercial communications towers shall be required. No new commercial communications towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town that no existing communications tower or structure can accommodate the applicant’s proposed antennas. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antennas may consist of any of the following:

Any proposed commercial wireless telecommunications service tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least three additional users if the tower is over 100 feet in height or for at least two additional users if the tower is over 50 feet in height. Towers must be designed to allow for future rearrangements of antennas upon the tower and to accept antennas mounted at varying heights.

Conditional use permits for Aviation Activities shall be issued at the discretion of the Town Council through the conditional use permitting process. Aviation Activities under this Ordinance are prohibited unless an operator obtains a conditional use permit approved by the Town Council, pursuant to the exceptions listed in this Ordinance, or allowed by federal law.

Permits, if issued, shall be limited to two calendar days of operation per year for any operator.

Aviation Activities will be allowed for medical or life sustaining emergency evacuation or emergency landing operations for disabled aircraft.

Failure to comply with this section or any condition or approval shall constitute a violation subject to a stop-work order, fine or revocation of the conditional use permit.

Civil citations shall be issued to the aircraft owner, pilot and resident.

Citations may be mailed if in-person service is not possible.

Fines can be levied by the Town in amounts up to $2,000 per violation per day.

Each flight constitutes a separate offense.

The Town may, at its sole discretion, pursue injunctive relief in any court of competent jurisdiction in order to enforce compliance with this section.

Preserve the country atmosphere and natural environment that define the community character of the Town and make it a unique and desirable community.

Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development or redevelopment.

Prohibit the indiscriminate clear-cutting of land.

Protect and increase the value of residential and commercial properties within the Town.

Maintain and enhance a positive image for the attraction of new residents and business enterprises to the Town.

Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the Town.

Provide for shade, windbreaks and the cooling of air; thereby, reducing the requirements for air conditioning and heating and the utilization of scarce energy sources.

All real property upon which any Protected, Specimen, or Historic Tree is located.

All vacant (without structures), undeveloped real property.

All real property to be subdivided or re-subdivided, including final plats and replats.

Oil and gas development sites, including but not limited to those associated with drilling or exploration activities, and any areas subject to installation of oil and/or gas transmission pipelines, regardless of size.

Rights-of-way, streets, parks, and any other public property under the jurisdiction of the Town of Copper Canyon.

All new development, as well as, all existing property zoned for single-family residential use.

Note: There is a simplified process for tree removal permits unrelated to new development.

Nothing herein shall require any change in the plans, construction or designed use of any parcel of property, for which a permit for construction has been issued, as of the effective date of this article.

During the period of an emergency, including but not limited to a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the Town Manager or designee. In addition to rights granted by easement, those utility service providers lawfully operating within the right-of-way may remove trees that interfere with utility service during an emergency or where there is a danger to the public health, safety and welfare.

For the maintenance of existing facilities, utility service providers or their contractors, subcontractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with utility service. Said trimming or removal shall not be done in a manner such that the aesthetics and health of the trees are destroyed and shall be done under the supervision and direction of any Town official to whom said duties have been or may be delegated. The Town may require boring under trees within the dripline instead of trenching. Nothing herein shall supersede the provisions of the Town's right-of-way management ordinance, if any, as amended.

A diseased or damaged tree which is determined to be beyond the point of recovery, or in danger of falling, shall be exempt from the provisions of this article. The removal of a diseased tree by the Town or by an individual is required to reduce the chance of spreading the disease to adjacent, healthy trees.

Any plant nursery, as defined or may be defined in Exhibit 14A, Zoning Ordinance of the Town, as amended, is exempt from the provisions of this article only in relation to those trees planted and growing on the premises for sale, either retail or wholesale.

Any paved surface within the critical root zone of a protected tree, which is in existence on or before the effective date of this article, may be replaced or maintained.

Golf courses, hike/bike trails and sports fields open for public use.

Major drainage structures, including detention and retention basins/ponds, and including transitional slopes at the maximum slope allowed by ordinance or other applicable regulation.

All easements and rights-of-way included on a final plat of any single-family or multi-family residential subdivision approved by the Town and filed in the plat records of the county.

The mowing, clearing and grubbing of brush located within the dripline of protected trees shall be allowed, provided such mowing, clearing or grubbing is accomplished by hand or by mowers. The use of bulldozers, loaders or other construction or earth-moving equipment for this purpose shall not be allowed.

A tree located on property which is zoned AG (Agricultural) and being actively used for agricultural purposes or as a homestead, as long as the tree is located within a radius of 150 feet from the principal structure on the property or the owner's residence that is used as a homestead.

No clear-cutting of land is allowed. Prior to construction or development on a site that contains one or more protected trees, a Tree Preservation Plan must be approved by the Town Manager or designee. If the site does not contain any protected trees, as defined herein, a letter, prepared by a registered surveyor, engineer, architect, registered arborist or landscape architect, shall be submitted to the Town, which verifies that protected trees are not on the subject site.

In the event ten (10) or more protected trees are removed from a site without a tree removal permit, the zoning classification on such site may not be changed for sixty (60) months thereafter, nor can an application for approval of a preliminary plat, final plat, site plan, or planned development relative to such site be made or accepted by the Town for such period, calculated from the date of discovery of such removal.

The application for a Tree Preservation Plan shall be submitted on a form provided by the Town and accompanied by a site plan by a registered surveyor, engineer, architect, registered arborist or landscape architect that includes, but is not limited to the following:

Protected trees that are not removed, or have been identified and designated on the Tree Preservation Plan to be preserved, must be protected under the following conditions:

Boring of utilities under protected trees shall be required in those circumstances where it is not possible to trench around the critical root zone of a protected tree. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. All trenching shall be designed to avoid trenching across the critical root zone of any protected tree, unless otherwise approved by the Town Staff. Mechanical trenching within the critical root zone shall not be allowed. Trenching by hand shall not critically alter the root system. The placement of irrigation systems and underground utility lines shall be located outside of the critical root zone of protected trees.

The Town has the right to plant, prune and maintain any tree located on a right-of-way, easement, public parkland or any other municipally owned property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public properties. The Town may remove or cause or order to be removed any tree or part thereof, which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements. Tree removal by the Town may be undertaken without a tree removal permit.

No person, directly or indirectly, shall critically alter, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree without first obtaining a tree removal permit, unless otherwise specified in this article. The application for a tree removal permit shall be submitted on a form provided by the Town. Permits may be issued with verification that the protected tree is damaged or diseased.

An application for a tree removal permit may be submitted in conjunction with the following:

A tree removal permit is also required for any protected tree located within the buildable area of a lot or site. The Developer must make a reasonable effort to configure the buildable area to save protected trees, particularly specimen and historic trees.

Related to development, an application for a tree removal permit shall be accompanied by a site plan by a registered surveyor, engineer, architect, registered arborist or landscape architect that includes, but is not limited to, the following:

Unrelated to development, an application for a tree removal permit shall include the following information:

Tree removal permit on property zoned agricultural district (AG) uses.

Upon receipt of a complete application for a tree removal permit, the Town Manager or designee shall be responsible for the review and approval, where applicable, of all requests submitted in accordance with the requirements specified herein.

Any decision of the Town Manager may be appealed to the Board of Adjustment. Any person aggrieved by a decision of the Board of Adjustment, or any officer, department, board, commission, or committee of the Town, may appeal such decision to a District Court of competent jurisdiction in accordance with Texas Local Government Code § 211.011. An appeal to the state district court must be filed within ten (10) days after the date the decision of the Board of Adjustment is filed in the office of the Board.

Consideration for the approval of a tree removal permit shall be based upon the following guidelines:

An approved tree removal permit shall expire six months after it is granted.

In the event any protected tree is removed from property without a tree removal permit, or any protected tree is injured or critically altered because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, the Town Administrator or designee shall have the authority to impose one or more of the following administrative or civil penalties on the developer and/or owner of the property:

Replacement trees shall be required under the following conditions:

Replacement trees shall be planted in accordance with the provisions of this article per the following rates:

Acceptable types of replacement trees are designated in the Approved Tree List, as referenced in figure 1, section 3.11.012(d).

The replacement trees shall be located on the subject site whenever possible and if not possible, on other property acceptable to the Town.

Trees identified on a Tree Preservation Plan or trees identified to be replaced shall be eligible to meet the requirements and credits of Exhibit 14A, Zoning Regulations for areas of the site not within a Landscape Buffer. The minimum landscape requirements of a Landscape Buffer shall be met in addition to this article, when applicable.

No protected tree shall be pruned in a manner which critically alters the tree, or in a manner which would reasonably lead to the death of the tree. This provision is not intended to require a tree removal permit for reasonable pruning performed or contracted to be performed by the owner of the tree.

Trees required to be planted by this article shall be planted in accordance with the intersection visibility triangles as specified in Exhibit 14A, Zoning Ordinance, section 4-110 "Vision Clearance," as amended, of the Town of Copper Canyon, Texas.

The filling and reclamation of property and mitigation as delineated on a section 404 Permit, issued by the U.S. Army Corps of Engineers, shall be permitted in lieu of the requirements of this article. The removal of any protected tree on the subject property shall be in accordance with a filing, reclamation, and mitigation plan approved and/or ordered by the Corps of Engineers incident to the filling and reclamation of wetlands and flood lands on such property. As soon as the reclamation and mitigation prescribed by the Corps of Engineers has been completed, and the property is no longer under the supervision and authority of the Corps of Engineers, this article and its provisions shall immediately apply to such property thereafter.

Non-protected trees often are found in groupings or "stands" of trees and provide natural buffering, property delineation, shade and have similar beneficial effects upon property. Efforts shall be made during property development to protect such stands of trees, even when such trees are not deemed protected, pursuant to the terms of this article.

No building permit, development permit or certificate of occupancy shall be issued if there has not been compliance with any provision contained in this article.

The Town may refuse to accept any public improvements until all penalties and/or fines for violations of this article have been paid; provided, however, that acceptance of public improvements shall be authorized before all trees shall be replaced if, with the Town Manger or designee approval, the Town is provided with a cash deposit or acceptable surety bond in the amount of the cost to replace any tree(s).

A person commits an offense if the person critically alters a protected tree not otherwise excepted by this article.

Any person, firm, corporation, agent or employee thereof who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be fined not to exceed $2,000.00 for each such violation. The unlawful alteration of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. A person is criminally responsible for a violation of this article if the person alters, or permits or causes to be altered, a protected tree without complying with the requirements of this section.

Allegation and evidence of a culpable mental state is not required for the proof of an offense defined in this article.