Forest Hill City Zoning Code
Division 3
Zoning Districts and District Map
§ 9.02.041 Districts established.
In order to regulate and restrict the location of trades, industries, and the location of buildings erected or structurally altered, to regulate and limit population density and the intensity of the use of lot areas and to regulate and determine the areas of yards, courts, and other open spaces within and surrounding such buildings, the city is hereby divided into eleven (11) districts. The districts are divided into use classes to establish a hierarchy for the purpose of determining the intensity of districts.
(1)
Residential districts.
R-1 | Single-Family Detached Residential |
R-2 | Single-Family Detached Residential |
R-3 | Single-Family Detached Residential |
R-4 | Single-Family Attached Residential |
2F | Two-Family Residential |
MF | Multi-Family Residential |
(2)
Commercial and industrial districts.
LR | Local Retail |
GB | General Business |
LI | Light Industrial |
HI | Heavy Industrial |
(3)
Special purpose districts.
PD | Planned Development |
(Ordinance 2016-03-001, sec. 2 (64-41), adopted 3/15/16)
§ 9.02.042 Official zoning map.
(a)
The location and boundaries of the districts herein established are shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. The official zoning map shall bear for identification and authentication the signature of the mayor and the city manager attested by the city planner, the date of their signatures and the notation, “This is to certify that this is the Official Zoning Map referred to in Article Ill of the Zoning Ordinance of the City of Forest Hill, Texas.”
(b)
The official zoning map shall be located and be maintained by the planning department and shall be available, as a reference, for the general public during the regular office hours of the department. Another map shall be located in the office of the city secretary as a permanent record of the city and shall not be changed in manner and another shall be located in the building department for the benefit of the inspections and permits operations.
(1)
Changes to map.
(A)
If, in accordance with the provisions of this article, changes are made in the district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council.
(B)
Approved zoning changes shall be entered on the official zoning map by the zoning administrator. No amendment to this article which involves matter portrayed on the official zoning map shall become effective until after such ordinance has been finally approved by the city council.
(C)
No change of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this article and punishable hereunder.
(2)
Replacement of the official zoning map.
(A)
In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the city council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor and the city manager attested by the city planner and bearing the seal of the city and date under the following words: “This is to certify this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Forest Hill, Texas.”
(B)
Unless the prior official zoning map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(3)
Rules for interpreting district boundaries.
In determining the location of zoning district boundaries on the official zoning map, the following rules shall apply:
(A)
Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of these regulations, shall be the zoning boundary; or
(B)
Where boundaries are shown to enter or cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary; or
(C)
Where boundaries are shown on unsubdivided property, the location shall be determined by scale shown on map unless dimensions are given on the map.
(Ordinance 2016-03-001, sec. 2 (64-42), adopted 3/15/16)
§ 9.02.043 R-1 - Single-Family Detached Residential regulations.
(a)
Purpose.
The purpose of this district is to provide for single-family residential development of large lots of relatively spacious character together with such public buildings, schools, churches, public recreational facilities, and accessory uses, as may be necessary or are normally compatible with residential surroundings.
(b)
Area regulations.
This district shall allow for single-family detached dwelling units each located on one (1) lot containing a minimum of ten thousand (10,000) square feet and one thousand eight hundred (1,800) square feet of living area in the dwelling unit with maximum lot coverage being forty percent (40%). See also the schedule of districts, division 7 of this article.
(c)
Parking requirements.
This district shall provide at the minimum two (2) car garage and two (2) car paved driveway.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Accessory buildings and uses including, but not limited to private garages, swimming pools, storage buildings, hobby studio, tennis court, home workshop, children’s playhouses, etc. None of the contained accessory buildings may involve the conducting of a business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(Ordinance 2016-03-001, sec. 2 (64-43), adopted 3/15/16)
§ 9.02.044 R-2 - Single-Family Detached Residential.
(a)
Purpose.
The purpose of this district is to provide for single-family residential development of medium size lots of relatively spacious character together with such public buildings, schools, churches, public recreational facilities, and accessory uses, as may be necessary or are normally compatible with residential surroundings.
(b)
Area regulations.
This district shall allow for single-family detached dwelling units each located on one (1) lot containing a minimum of eight thousand (8,000) square feet and one thousand six hundred (1,600) square feet of living area in the dwelling unit with a maximum lot coverage being fifty percent (50%). See also the schedule of districts, division 7 of this article.
(c)
Parking requirements.
This district shall provide at the minimum a two (2) car garage and two (2) car paved driveway.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Accessory buildings and uses including, but not limited to private garages, swimming pools, storage buildings, hobby studio, tennis court, home workshop, children’s playhouses, etc. None of the contained accessory buildings may involve the conducting of a business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(3)
Carports are allowed in this district without maintaining the required front yard setback in accordance with section 9.02.182(k).
(Ordinance 2016-03-001, sec. 2 (64-44), adopted 3/15/16)
§ 9.02.045 R-3 - Single-Family Detached Residential.
(a)
Purpose.
The purpose of this district is to provide for single-family residential development of small size lots of relatively spacious character together with such public buildings, schools, churches, public recreational facilities, and accessory uses, as may be necessary or are normally compatible with residential surroundings.
(b)
Area regulations.
This district shall allow for single-family detached dwelling units each located on one (1) lot containing a minimum of six thousand (6,000) square feet and one thousand five hundred (1,500) square feet of living area in the dwelling unit with a maximum lot coverage being fifty percent (50%). See also the schedule of districts, division 7 of this article.
(c)
Parking requirements.
This district shall provide at the minimum a two (2) car parking area either by garage or paved driveway.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Accessory buildings and uses including, but not limited to private garages, swimming pools, storage buildings, hobby studio, tennis court, home workshop, children’s playhouses, etc. None of the contained accessory buildings may involve the conducting of a business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(3)
Carports are allowed in this district without maintaining the required front yard setback in accordance with section 9.02.182(k).
(Ordinance 2016-03-001, sec. 2 (64-45), adopted 3/15/16)
§ 9.02.046 R-4 - Single-Family Attached.
(a)
Purpose.
The purpose of this district is to provide for single-family residential development of small size lots of relatively spacious character together with such public buildings, schools, churches, public recreational facilities, and accessory uses, as may be necessary or are normally compatible with residential surroundings.
(b)
Area regulations.
This district shall allow for single-family detached or attached dwelling units on lots containing at least five thousand (5,000) square feet and one thousand one hundred (1,100) square feet of living area in a detached or attached dwelling using a zero lot line construction with a maximum lot coverage being sixty percent (60%). See also the schedule of districts, division 7 of this article.
(c)
Parking requirements.
This district shall provide at the minimum a two (2) car paved parking area either by garage or driveway.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Accessory buildings and uses including, but not limited to private garages, swimming pools, storage buildings, hobby studio, tennis court, home workshop, children’s playhouses, etc. None of the contained accessory buildings may involve the conducting of a business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(Ordinance 2016-03-001, sec. 2 (64-46), adopted 3/15/16)
§ 9.02.047 2F - Two-Family.
(a)
Purpose.
The purpose of this district is to provide for duplex and townhomes with no more than eight (8) dwellings units per acre, allowing for maximum usable open space areas for communal use and accessibility from dwelling units.
(b)
Area regulations.
This district shall allow for two-family attached dwelling units or duplex units on lots of three thousand two hundred fifty (3,250) square feet and nine hundred (900) square feet of living area per dwelling unit with a maximum lot coverage of sixty percent (60%). See also the schedule of districts, division 7 of this article.
(c)
Parking requirements.
This district shall provide at the minimum a two (2) car paved parking area either by garage or driveway per unit.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Accessory buildings and uses including, but not limited to private garages, swimming pools, storage buildings, hobby studio, tennis court, home workshop, children’s playhouses, etc. None of the contained accessory buildings may involve the conducting of a business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(Ordinance 2016-03-001, sec. 2 (64-47), adopted 3/15/16)
§ 9.02.048 MF - Multi-Family Residential.
(a)
Purpose.
The purpose of this district is to accommodate the needs for medium to high density multi-family residential development where such areas are suitable for higher impact development and allowing for maximum usable open space for communal use and accessibility from dwelling units.
(b)
Area regulations.
This district shall allow for multi-family dwelling units not to exceed a density of fourteen (14) units per acre and with a minimum dwelling size being six hundred fifty (650) square feet for an efficiency and one (1) bedroom units and additional bedrooms requiring an additional two hundred (200) square feet along with other residential uses. See also the schedule of districts, division 7 of this article.
(c)
Parking requirements.
This district shall provide at the minimum a two (2) car paved parking area either by garage, parking lot, or driveway per unit.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Accessory buildings and uses including, but not limited to private garages, swimming pools, storage buildings, hobby studio, tennis court, home workshop, children’s playhouses, etc. None of the contained accessory buildings may involve the conducting of a business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(Ordinance 2016-03-001, sec. 2 (64-48), adopted 3/15/16)
§ 9.02.049 LR - Local Retail.
(a)
Purpose.
The purpose of this district is to provide for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods.
(b)
Area regulations.
See the schedule of districts, division 7 of this article.
(c)
Parking requirements.
Parking requirements shall be regulated by use not district; see division 9 of this article.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Detached accessory buildings must be incidental to the principal building and must conform in appearance to the main building with architecturally compatible construction and by utilizing like kind materials and design. None of the contained accessory buildings may be utilized as rental space or to conduct business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(f)
Outside storage.
District shall not allow for outside storage or display of items, goods, or any other matter. Sidewalk sales are prohibited.
(Ordinance 2016-03-001, sec. 2 (64-49), adopted 3/15/16)
§ 9.02.050 GB - General Business.
(a)
Purpose.
The purpose of this district is to provide appropriate locations for all types of business, commercial, and service activities, but is designed to discourage warehousing and manufacturing uses generally or uses which tend to generate heavy truck traffic, open storage of materials, or the nuisance factors of dust, odor, and noise associated with manufacturing.
(b)
Area regulations.
See the schedule of districts, division 7 of this article.
(c)
Parking requirements.
Parking requirements shall be regulated by use not district; see division 9 of this article.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Detached accessory buildings must be incidental to the principal building and must conform in appearance to the main building with architecturally compatible construction and by utilizing like kind materials and design. None of the contained accessory buildings may be utilized as rental space or to conduct business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(f)
Outside storage.
District shall not allow for outside storage of items, goods, or any other matter; however, uses such as vehicle sales, recreational vehicle sales, etc. shall be exempt from this requirement for said vehicles only. District shall not allow for outside display of goods, but may allow for sidewalk sale with the issuance of a permit no more than 3 times a year with a maximum time limit of five (5) days per sale.
(Ordinance 2016-03-001, sec. 2 (64-50), adopted 3/15/16)
§ 9.02.051 LI - Light Industrial.
(a)
Purpose.
The purpose of this district is to provide for light manufacturing, fabricating, warehousing and wholesale distributing which have their operations conducted predominantly within buildings, are more compatible than heavy manufacturing uses, and do not emit noxious odors, noises, dust, smoke, and vibrations.
(b)
Area regulations.
See the schedule of districts, division 7 of this article.
(c)
Parking requirements.
Parking requirements shall be regulated by use not district; see division 9 of this article.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Detached accessory buildings must be incidental to the principal building and must conform in appearance to the main building with architecturally compatible construction and by utilizing like kind materials and design. None of the contained accessory buildings may be utilized as rental space or to conduct business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(f)
Outside storage.
District may allow for outside storage of items, goods, or any other matter but must provide a screening fence so that the view of storage is blocked completely from the general public; however, uses such as vehicle sales, recreational vehicle sales, etc. shall be exempt from this requirement for said vehicles only.
(Ordinance 2016-03-001, sec. 2 (64-51), adopted 3/15/16)
§ 9.02.052 HI - Heavy Industrial.
(a)
Purpose.
The purpose of this district is to provide for industrial operations of businesses that tend to emit odors, noises, dust, and vibrations and that are least compatible with other uses.
(b)
Area regulations.
See the schedule of districts, division 7 of this article.
(c)
Parking requirements.
Parking requirements shall be regulated by use not district; see division 9 of this article.
(d)
Permitted uses.
See the schedule of uses in division 4 of this article.
(e)
Accessory buildings and uses.
(1)
Detached accessory buildings must be incidental to the principal building and must conform in appearance to the main building with architecturally compatible construction and by utilizing like kind materials and design. None of the contained accessory buildings may be utilized as rental space or to conduct business.
(2)
No accessory building may be constructed on a lot without a principal structure.
(f)
Outside storage.
District may allow for outside storage.
(Ordinance 2016-03-001, sec. 2 (64-52), adopted 3/15/16)
§ 9.02.053 PD - Planned Development.
(a)
Purpose.
(1)
The purpose of this district is intended to accommodate unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and parking facilities in order to best utilize special site features of topography, size or shape. It is intended that the flexibility permitted by this zoning category extends to discretionary approval, through site plan review of items such as parking space requirements, building line setbacks, square footage of buildings and structures, protective screening, or sign placement and specifications in order to achieve the purposes and objectives stated in conformance with good planning practices and land utilization.
(2)
While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility.
(b)
Development requirements.
(1)
Area regulations for each separate PD district shall be set forth in the ordinance granting the PD district and may include but not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building size, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the city council and planning and zoning commission may deem appropriate.
(2)
Modifications of standards may be considered if the modification substantially meets intent of this article and improves the overall development design or if a unique project design is proposed which cannot readily be accommodated through other districts - pecuniary reason shall not be the sole reason for modifying standards.
(3)
The PD district shall conform to all other sections of this article unless specifically excluded in the granting ordinance.
(c)
Permitted and proposed uses.
(1)
A PD may be approved for any use allowed by right in the PD zoning classification of the schedule of uses in division 4 of this article. A PD request may propose an aspect of residential, even though residential uses are not allowed in the PD zoning district.
(2)
An application for a PD shall specify and describe the category or type of uses or the combination of uses proposed. Any permitted uses and proposed residential uses to be considered under the PD zoning shall be specified in each PD ordinance.
(d)
Approval process.
Application for a PD or development of undeveloped property currently zoned PD shall be made in the same manner as an application for any amendment to the zoning ordinance. In establishing a PD district in accordance with this section, the city council shall approve, as part of the amending ordinance, appropriate plans and standards for each PD district. During the review and public hearing process, the planning and zoning commission and city council shall require a conceptual plan and/or a detailed plan.
(1)
Conceptual plan.
This plan shall be submitted by the applicant. The plan shall show the applicant’s intent for the use of the land within the proposed PD district in a graphic manner and as may be required, supported by written documentation of proposals and standards for development.
(A)
A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements showing the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.
(B)
A conceptual plan for uses other than residential shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. This may include but is not limited to the types of uses, topography and boundary of the PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building height and location, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final detailed plan.
(2)
Development site plan.
Approval of a development site plan shall be a prerequisite to the issuance of building permits by the building inspections for any property in a PD. Upon approval, the development site plan shall become a part of the amending ordinance establishing the PD. Application for a development site plan approval shall be made in the same manner as an application for any amendment to the zoning ordinance. Changes in the development plan shall be considered the same as changes in the zoning district and shall be processed as required in division 17 of this article; except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the zoning administrator. Any applicant may appeal the decision of the zoning administrator to the planning and zoning commission for review and decision as to whether an amendment to the planned development district ordinance shall be required. A development site plan shall include all of the following information in graphic representation or written document as appropriate, and shall be prepared by a registered architect, registered engineer, or registered surveyor:
(A)
Legal description and a survey or plat certified by a registered land surveyor, showing date, scale, north point, property boundary lines, dimensions and easements.
(B)
A location map showing location of site in reference to existing streets.
(C)
Street address (or common description) of the property.
(D)
Applicant’s name and address and their legal interest in the subject property.
(E)
Owner’s name and address, if different from applicant, with owner’s signed consent to the filing of the application.
(F)
Zoning classification and present use of subject property.
(G)
Land use designation as contained in the comprehensive master plan.
(H)
Existing and proposed topography reflecting proposed handling of on-site surface drainage; limits of the 100-year floodplain and floodway as shown on current FEMA mapping including location and acreage; proposed improvements and method of maintenance for any drainage channels; existing and sanitary sewer layout; existing and proposed fire hydrant locations; proposed locations for solid waste container pads. A written verification or impact statement from both FEMA and the Corps of Engineers is required.
(I)
Existing and proposed structures showing: approximate outline of perimeter walls and including distances to property lines and other structures; front, side, and rear building setback lines; proposed category of use or uses of structures; elevation views or renderings indicating architectural design, building materials proposed and window orientations (if required); number of stories in height and feet; gross floor area; location of entrances and exits.
(J)
Computation of proposed number of dwelling units and the total acreage for residential use and the approximate square footage of building, by type, for nonresidential use.
(K)
Computation of the maximum percentage of site coverage. Site coverage is defined for the purposes of this district as including all man-made buildings, structures and paving except that, when designated for the common use and benefit of all residents of the development, walkways, bikeway and recreational structures such as pools, playgrounds or clubhouses shall be excluded from this definition.
(L)
This exclusion shall not be construed to include any paved areas for vehicular traffic, parking, or maneuvering.
(M)
Location, dimensions, and proposed construction of all streets, private drives, alleys, parking areas and drive approaches; streets, drives, and alleys which are adjacent to or dead-end into the site, including the location of existing and proposed median openings and left-turn lanes in boulevard streets; number and dimensions of parking spaces and width of drive approaches and aisles; sidewalks and other facilities for pedestrian circulation; location, width and curve radii for required fire lanes.
(N)
Conceptual landscaping and buffer plan, including the height, location and type of any proposed or required wall, fence, berm or living screen.
(O)
Description of any proposed grading, regarding or fill that is proposed on the subject site.
(P)
The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the proposed rezoning.
(Q)
SWPPP and the erosion and sediment control plan during construction.
(R)
Other information the applicant and/or owner might wish to include.
(S)
Each applicant shall file one (1) blueline or blackline copy, one (1) 11" x 17" copy, and one (1) electronic version (pdf) of all conceptual or graphical representations required herein, in a size sufficient to clearly show all information required, and one (1) copy of all written documents.
(e)
Review process.
The development plan review process shall include review by the planning and zoning commission and referral to the city council with a recommendation and review and final approval of the development plan by the city council.
(f)
Development schedule.
(1)
An application for a planned development district shall be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule shall become part of the development plan and shall be adhered to by the owner and developer (present and future).
(2)
Annually, the zoning administration shall report to the planning and zoning commission the actual development accomplished in the various planned development districts as compared with the development schedule.
(3)
The planning and zoning commission, shall, if the owner or owners of property are failing or having failed to meet the approved schedule, initiate proceedings as provided in this article to amend the zoning district map of the planned development district by removing all or part of the said planned development district from the zoning district map and placing the area involved in another zoning district.
(4)
Upon recommendation of the planning and zoning commission and for good cause shown by the owner and developer, the city council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.
(g)
District establishment.
(1)
Every planned development district approved under the provisions of this article shall be considered an amendment to the zoning ordinance as applicable to the property involved.
(2)
In carrying out the development of a PD, the development conditions and the development schedule shall be complied with and such conditions are specified for the development of a planned development district shall not be construed as conditions precedent to the granting of a certificate of occupancy and compliance by this article.
(3)
The development site plan must comply with all provisions of the PD ordinance specifying development standards and substantially reflect the precepts set forth in the concept plan. If, in the judgment of the city council, a development site plan does not comply with the provisions of the PD ordinance and the concept plan incorporated therein, the city council may reject such plan, in which case a new site plan may be submitted or application must be made to amend the PD ordinance, including all requirements for notices and public hearings.
(4)
If a PD ordinance does not specify development standards or has not incorporated a concept plan, the development plan approval shall specify such standards. Development requirements on such development plans may be revised under the same review notice and approval procedures as applied to the original approval of the plan and application to amend the PD ordinance shall not be required.
(Ordinance 2016-03-001, sec. 2 (64-53), adopted 3/15/16)