Forest Hill City Zoning Code
Division 8
Developmental and Supplementary Regulations
§ 9.02.181 Lot regulations.
(a)
Platted lots.
Every building hereinafter erected, altered, remodeled, or changed shall be located on a platted lot recorded in the county records.
(b)
Structures per lot.
No more than one (1) structure for permitted principal uses may be erected on a lot of record, provided that yard and other requirements of these regulations shall be met for said structure. Accessory structures may be only located on lots with a permitted principal structure provided that the combined area of all buildings do not exceed the maximum lot coverage in any district.
(c)
Lot to have access.
No structure shall hereafter be erected, reconstructed, altered, enlarged or relocated onto a lot unless the lot is located adjacent to an approved public or private street and is so located so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(d)
Dimensions/lot area.
No lot existing on the effective date of this article shall be reduced in area, width, or depth below the minimum requirements set forth in this article. A lot having less area, width, or depth than required in this article which was platted prior to the adoption of this article shall be considered to be a conforming lot.
(Ordinance 2016-03-001, sec. 2 (64-141), adopted 3/15/16)
§ 9.02.182 Front yard regulations.
(a)
Multiple zoning districts.
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
(b)
Building line established by plat.
Where a building line has been established by plat and such line requires a greater or lesser front yard setback than is currently prescribed by this article for the district in which the building line is located, the required front yard shall comply with the building line so established by such plat. The zoning board of adjustment may grant a variance to the required front yard as in other cases.
(c)
Projections into front yard.
Eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard.
(d)
Double frontage.
Where lots have a double frontage running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard needs to be of observed.
(e)
Major thoroughfare.
Unless subject to section 9.02.182(b), the front yard along a major thoroughfare shall not be less than thirty-five (35) feet.
(f)
Service station pumps.
Gasoline service station pump islands shall not be located nearer than eighteen (18) feet to the front property line.
(g)
Structures in front yard.
No fence or structure higher shall be more than four (4) feet above the average grade of the yard may be constructed or maintained in the required front yard [sic]. Garages, carports, and similar structures shall meet the required front yard setback applicable to the principal building.
(h)
Obstructing vision at intersection.
Fences, walls, screens, hedges, trees, brush, shrubs, signs, carports, and other structures or growth are deemed to be obstructions to the vision of motorists when they are so erected, planted, or maintained as to interfere with sight lines at an elevations between two (2) feet and eleven (11) feet above the top of the adjacent roadway for a distance of twenty-five (25) feet from the intersection and in the resulting triangle. Posts or poles of less than twelve (12) inches in diameter will be permitted within this area.
(i)
Dedicated land.
Where an official line has been established for future widening or opening of a street upon which a lot abuts, the front yard shall be measured from said line to the front face of a structure.
(j)
Storage in front yard.
(1)
In commercially or industrially zoned districts, no part of any required front yard (nor side yard of a corner lot) shall be used for more than seven (7) consecutive days for parking or storage of any vehicle, object or material; excepting, however, trailers or motor vehicles which are both currently licensed and operable.
(2)
No material storage including waste materials, raw materials, construction materials, or salvage materials or finished products shall be permitted in any required front or side yard.
(k)
Carports in the required front yard.
Carports may be allowed in the R-2 (Single-Family Residential) and R-3 (Single-Family Residential) zoning districts without maintaining the required front yard as established by this article once a permit has been secured for said structure; however the carport must:
(1)
Maintain a minimum front yard setback of ten (10) feet from the curb or edge of property line and a five (5) foot side yard setback.
(2)
Shall be completely open on all sides.
(3)
Shall be made of all new materials.
(4)
Posts shall be constructed only using galvanized steel, decorative metal posts, wooden beams, or masonry constructed posts.
(5)
Roofs shall be constructed only using treated lumber, vinyl, steel, tin, brick or fiberglass roofing materials.
(6)
Shall be maintained in compliance with all current building codes and shall not become dilapidated.
(7)
Shall not be constructed to be a temporary or a movable structure.
(Ordinance 2016-03-001, sec. 2 (64-142), adopted 3/15/16)
§ 9.02.183 Special side yard regulations.
(a)
Corner lot.
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets; provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty (30) feet.
(b)
Projections into side yard.
A roof overhang, an open fire escape, an outside stairway, window sills, or other ornamental feature may not project more than three (3) feet into a required side yard; provided, however, that such projections shall not be closer than three (3) feet to a property line.
(c)
Easements.
Any dedicated easements shall not be included as part of the required side yards.
(d)
Industrial districts.
In industrially zoned districts there shall be a twenty-five (25) foot side yard on all sides abutting residentially or planned development zoned districts.
(Ordinance 2016-03-001, sec. 2 (64-143), adopted 3/15/16)
§ 9.02.184 Special rear yard regulations.
(a)
Accessory building.
(1)
An accessory building shall it not be closer than twenty (20) feet to the main building on any lot. Said accessory building must maintain an eight (8) foot side yard setback and a minimum of eight (8) feet setback from rear property line and may not exceed the height of the principal building. An accessory building shall be of new construction and have exterior walls made of wood, stone, brick, or vinyl siding. An accessory building shall not be made with previously used material nor shall it [sic] the exterior walls be metal, tin, or corrugated tin material.
(2)
No accessory building shall be constructed or placed upon a lot until construction of the principal building has commenced and no accessory building shall be used or occupied until the principal building is completed and is being used or occupied.
(b)
Easements.
Any dedicated easements shall not be included as part of the required rear yard. No structure, fence, or gate may be constructed in an easement.
(c)
Rear yard parking.
For residentially zoned districts, any structure used for rear yard parking, including but not limited to a carport, detached garage, or a parking pad, shall be constructed with a concrete or paved driveway to said structure. At no time shall parking in the rear yard be allowed without a city-approved drive approach and driveway nor shall the rear yard parking be accessed by driving on abutting property owned by another person or entity. A residential rear yard shall not be used for the storage of vehicles that are considered junk vehicles defined in the Texas Transportation Code.
(Ordinance 2016-03-001, sec. 2 (64-144), adopted 3/15/16)
§ 9.02.185 Special height regulations.
Exceptions to the height regulations:
(1)
The height regulations prescribed herein shall not apply to water standpipes and tanks, antennas, satellite dishes, church steeples, domes and spires. Said structures may be erected in excess of the maximum height of the zoning district, provided each required yard shall be increased by one (1) additional foot for each foot that such structures exceed thirty-five (35) feet in height.
(2)
Utility poles and towers, sports lighting, antennas, satellite dishes, and water tanks which exceed thirty-five (35) feet in height shall require approval by specific use permit.
(3)
Flagpoles and their structures shall be limited to a maximum height of thirty-five (35) feet.
(Ordinance 2016-03-001, sec. 2 (64-145), adopted 3/15/16)
§ 9.02.186 Landscaping.
(a)
Landscaping area requirements.
In nonresidential zoning districts, every lot shall have a minimum of twenty percent (20%) of its area landscaped. A minimum of one-half (1/2) of the required landscaping shall be located in the required front yard. Driveways, paved walks, right-of-way or easements for streets or alleys shall not be counted as part of the required landscape area.
(b)
Visual landscaping.
(1)
Perimeter landscaping.
Visual screening consisting of a minimum landscaping strip five (5) feet in width with a combination of shrubs, hedges, and/or trees shall be provided between any parking, servicing, or drive areas and the street right-of-way. A minimum of one (1) tree for each thirty (30) lineal feet of frontage or a portion thereof, shall be planted in the required landscaping strip. Said landscaping strip shall be solely on private property. Landscaping of right-of-way is encouraged, but must be approved by the zoning administrator. Landscaping strip may include a combination of the following:
(A)
Grasses and ground cover.
Grass and/or ground cover must be planted in that portion of the landscaping strip not containing shrubs, hedges, or trees. Grass shall be a species normally grown as permanent lawns in the geographical area. Grass may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. Ground cover may be used in lieu of grass and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within six (6) months after planting.
(B)
Shrubs and hedges.
Shrubs and hedges should be a minimum of thirty (30) inches in height upon planting, shall be of a non-deciduous species, and shall be planted and maintained so as to form a continuous, solid visual screen within one (1) year after planting.
(C)
Trees.
Trees must be a minimum of six (6) feet in overall height and have a minimum caliper of two (2) inches in diameter immediately upon planting.
(D)
Credit for existing trees.
Any tree preserved on a site meeting the specification noted herein, shall be credited toward the tree requirements of this article. Trees of exceptional quality due to size, trunk diameter, rareness, age or species may, at the discretion of the zoning administrator, be credited as two trees for the requirements noted in this article.
(2)
Interior landscaping.
Interior planting islands shall be provided at a minimum of one every twelve (12) parking spaces and/or at the end of each parking row. Each island shall contain a minimum of one (1) tree with the remainder being landscaped grass, ground cover, shrubs and other appropriate materials not to exceed three (3) feet in height. Interior planting islands shall have a minimum size equal to the dimensions of one parking space on applicable parking lot. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. The required landscaped areas for parking lots shall be more or less evenly distributed throughout the parking lot. Adjustments may be approved where the shape or size of the parking lot, the location of existing trees, or other natural constraints reasonably prevent such distribution.
(3)
Residential use.
When a commercially or industrially zoned property is located adjacent to a residential district, a visual screen shall be installed and maintained along the entire length of the common lot line. The screen shall consist of a landscaping strip five (5) feet in width with a solid fence of a minimum height of six (6)feet. One (1) tree for each thirty (30) lineal feet or a portion thereof of common lot line shall be planted and maintained in the landscaping strip. These standards shall also apply when a multi-family use is established abutting a Single-Family Residential zoning district.
(c)
Site plans.
(1)
Prior to issuance of a building permit or certificate of occupancy a landscaping plan shall be submitted to the zoning administrator.
(2)
Such plan shall show all planting areas drawn to scale and all plants and trees within shall be clearly marked and labeled. A planting list shall accompany the landscaping plan indicating the botanical name, the common name, the size and quantity of each type of proposed planting.
(d)
Nonconforming parking and servicing areas.
Any parking, drive, or servicing areas which qualifies as a nonconforming use upon enactment of this article, shall comply with all requirements of this article upon any enlargement or extension equal to five (5) percent of the existing structure on-site, any reconstruction or construction of building(s) on-site, any enlargement or structural alteration to the parking, drive, or servicing areas, and if parking and servicing area remains unused due to the abandonment or vacancy of structures on-site for a continuous period of six (6) months.
(e)
Certificate of occupancy.
All landscaping must be in place as indicated on the approved landscaping plan prior to issuance of the certificate of occupancy. If seasonal considerations prohibit the immediate installation of the required landscaping, the certificate of occupancy may be issued if the project conforms to all other applicable codes and requirements relating to the C.O. issuance. All landscaping shall be installed per the approved screening and landscaping plan within six (6) months of the issuance of said certificate of occupancy. The zoning administrator may issue a citation to the applicant of the certificate of occupancy each and every day as a violation of the landscaping requirements of this article until such time as the landscaping is installed as per the approved screening and landscaping plan.
(f)
Maintenance.
(1)
All required landscaping shall be maintained in a neat and orderly manner at all times so that there is no dead or dying vegetation. This shall include mowing, pruning, fertilizing, watering, weeding, and any other such activities common to the maintenance of landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Dead plant material shall be replaced with new plant material of similar variety and size.
(2)
All landscaped areas shall be irrigated with an approved automatic irrigation system unless the landscaped area has been designed utilizing xeriscaping methods.
(g)
Exceptions and adjustments.
The zoning administrator may adjust the application of the landscaping requirements, in part or in whole, if in his judgment, such adjustment is consistent with the purpose and intent of this article due to drought conditions.
(h)
Restrictions of use of buffer landscaping areas and building setbacks.
The required landscaping strip and building setback for nonresidential uses adjacent to residential uses or districts is intended to serve as a buffer between potentially incompatible uses. Structures are not permitted to be located in this area, nor can such area be used for signage, garbage collection, any type of storage, or any nonresidential activity. Passenger car parking, automobile and truck access, and the loading/unloading of goods during daylight hours, shall be permitted.
(Ordinance 2016-03-001, sec. 2 (64-146), adopted 3/15/16)
§ 9.02.187 Fencing and screening requirements and prohibitions.
(a)
Fence requirements.
(1)
Permit.
A fence permit shall be required to erect or replace a fence over two and one-half feet in height, but not to repair an existing one. Replacing a fence shall be defined as replacing or repairing more than twenty-five percent (25%) of the existing fence and shall require a permit. Repairing a fence shall be defined as replacing damaged, removed, or missing portions of said fence up to twenty-five percent (25%) of the total linear footage and shall not require a permit. The following shall be submitted for a fence permit to be issued:
(2)
Public property.
A fence or any part of a fence shall not be constructed upon or allowed to protrude over a property line or lot line. All fences must be maintained so as not to overhang or interfere with public property.
(3)
Location and height restrictions.
No fence shall be constructed at a height exceeding the following:
(A)
Rear yard: No fence shall be constructed at a height exceeding eight (8) feet along the rear yard or alley line.
(B)
Front yard: No fence shall be constructed at a height exceeding four (4) feet along the front building line to the parkway or parallel with the street or easement line.
(C)
No fence shall be located within any easement except by prior written approval of those agencies having interest in such easement.
(D)
Side yard: No fence shall be constructed at a height exceeding eight (8) feet on any side yard line up to the building line of the property.
(E)
Decorative ornamental iron fencing may be constructed up to six (6) feet in height only on lots exceeding one acre in area between the front building line and the front property line. No fence shall be constructed which does not have at least seventy-five percent (75%) visibility or which interferes with traffic line of sight.
(4)
Approved fencing materials.
Fences shall be constructed of all new materials being wooden fence panels, vinyl, masonry, wrought iron, decorative metal, and chain link. Any other type of material will require approval from the building official or zoning administrator when submitting the permit application. All fences constructed within the city shall only be constructed with new metal vertical posts that are cemented into the ground.
(5)
Swimming pool fence regulations.
(A)
Fence must be a minimum of four (4) feet in height.
(B)
Gates must have a self-closing, self-latching device located in the upper quarter of all gates.
(C)
Fence shall not have an opening greater than four (4) inches in any direction.
(D)
A separate fence permit must be obtained from the swimming pool permit.
(6)
Security fences.
For all properties that are zoned for commercial use or on public property which requires protection from vandalism may construct a fence with barbed wire arms extending outward. No such barbed wire arm shall extend outward over the property line. Fence arms with barbed wire shall not be allowed on fences that are less than six (6) feet in height.
(7)
Fence maintenance.
All fences shall comply and be maintained in accordance with all the requirements of this article at all times.
(A)
Fences shall not be more than twenty percent (20%) out of vertical alignment.
(B)
Damaged, removed, or missing portions of a fence shall be replaced or repaired with comparable materials to the remaining portion.
(C)
The owner of any fence, existing or new, shall be responsible for the removal of any and all graffiti.
(D)
Any and all vegetation shall be kept clear of fences and shall not be allowed to grow into a fence.
(8)
Fence restrictions.
(A)
Obstructions prohibited.
No fence, screen, freestanding wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley, or drive intersection. All fences constructed at street intersections shall maintain a twenty-five (25) feet visual barrier from the property corner along the street line.
(B)
Barbed wire fences prohibited.
Fences shall not be constructed of barbed wire and walls shall not be topped with broken glass or surfaced with any like material.
(C)
Electrical fences prohibited.
No fence shall be electronically charged in any form or fashion.
(9)
Sheetmetal and salvage yard fencing.
(A)
All sheetmetal fence applications shall require plans designed by a registered architect or engineer and the wind load shall be determined by said architect or engineer.
(B)
No sheetmetal fences shall be constructed on properties within residential zoning areas.
(C)
All fences for salvage yards must be constructed to allow no visibility from public and private properties.
(10)
Dilapidated fences.
Should a fence be deemed dilapidated or substandard by the code enforcement officer, then the following shall occur:
(A)
A notice shall be served to the property owner informing of the fence violation.
(B)
Should the violations not be corrected by the owner within a thirty (30) day time period, the city may remove the fence at its own expense and the cost shall be charged against the land and become a personal obligation of the owner.
(b)
Outside storage areas.
(1)
Areas used for the purpose of storing machinery, merchandise, equipment or any other such items associated with a business on-site, excluding new or used car dealerships, shall be placed at the rear of the property and shall provide a screening wall for areas adjacent to the street right-of-way. Such screen shall be a solid wood fence or brick or masonry wall, a minimum of six (6) feet in height and not more than eight (8) feet in height. A five (5) foot landscaping strip shall be provided for on the outside of said screening wall with one (1) tree for every thirty (30) lineal feet of screening wall to be planted and maintained in landscaping strip. Said landscaping strip shall be solely on private property. No fence or wall shall be constructed closer than twenty (20) feet from the curb line or five (5) feet from property line, whichever is greater.
(2)
A maximum of twenty percent (20%) of the total lot area may be used for outside display of merchandise or rental equipment and shall require no screening wall between the display area and street right-of-way. However, said display area shall meet all perimeter landscaping requirements and shall not be permitted during such times as the business is closed or be utilized as outside storage.
(3)
When an outside storage area is adjacent to a residential use or district, a visual screen shall be installed between the storage area and the residential use or district. The screen shall consist of a solid wall or fence, a minimum of six (6) feet in height but not more than eight (8) feet in height.
(c)
Trash and recycle containers.
(1)
A screening wall consisting of a solid fence having a maximum height of eight (8) feet shall be installed so as to screen trash and recycle container(s) from street right-of-way and/or residential purposes. Said container(s) shall be screened on a minimum of three sides, with the open side oriented so as not to be viewed from a street or residential purpose. Said screening wall shall be sufficient to screen the entire container.
(2)
All screening walls shall be kept in good repair so as to maintain a continuous visual screen.
(d)
Visibility and clearance.
No landscaping, tree, fence, wall, or other similar item shall be maintained in the vicinity of a corner, street, intersection, or access way intersecting a public right-of-way that the zoning administrator or his designee determines is an obstruction to visibility, extends into sight lines, or is a traffic hazard.
(e)
Retaining walls.
(1)
Retaining walls shall be permitted for the purpose of protecting property against sliding earth or accidental injury to human life.
(2)
The height of a retaining wall shall be determined according to accepted engineering principles and the design shall be approved by the zoning administrator. A fence erected on top of a retaining wall shall be subject to the height limitations above, measured from the high side of the wall.
(f)
Safety.
No wall, fence, or screening device shall be constructed, planted, or maintained in such a manner as would endanger the health or safety of the general public. No wall, fence, or screening device shall be constructed, planted or maintained so that it obstructs the vision of motorists traveling upon the public street adjacent thereto, thereby creating a traffic hazard.
(Ordinance 2016-03-001, sec. 2 (64-147), adopted 3/15/16)
§ 9.02.188 Swimming pools (private, public or commercial).
(a)
Fence.
All swimming pools shall have a fence around the pool in accordance with section 9.02.187(a)(5).
(b)
Lighting.
All lighting of the pool must be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties.
(c)
Drainage.
No swimming pool shall empty into a sanitary sewer.
(d)
Water condition.
Swimming pools shall not be allowed to become stagnant or to contain any water which, due to its condition, is unhealthful.
(Ordinance 2016-03-001, sec. 2 (64-148), adopted 3/15/16)
§ 9.02.189 Sidewalks.
Sidewalks shall be constructed in public rights-of-way one (1) foot from property lines along every major thoroughfare, arterial, and collector street upon which a lot or parcel has frontage; provided, however, sidewalks may be located more or less than one (1) foot from property lines to preserve trees if deemed practical by the zoning administrator. Sidewalks shall be a minimum of four (4) feet in width and constructed according to the standards prescribed by the City of Forest Hill Design Criteria Manual.
(Ordinance 2016-03-001, sec. 2 (64-149), adopted 3/15/16)
§ 9.02.190 Exterior facade requirements.
(a)
All dwelling units shall have at least eighty percent (80%) of the total exterior walls below the first floor plate line, excluding doors, windows, and garage doors constructed of masonry material. No one wall may be less than fifty percent (50%) masonry unless said wall is on a porch, patio, courtyard, or breezeway. Detached garages and servants’ quarters shall have at least thirty-five percent (35%) of the total exterior walls constructed of masonry. All other accessory buildings are excluded from this requirement.
(b)
All multi-family, apartments, or condominium dwelling structures shall have at least eighty-five [percent] (85%) of the total exterior walls excluding doors, windows, and garage doors constructed of a masonry product on all elevations.
(c)
All principal nonresidential structures shall be constructed of at least seventy-five percent (75%) masonry. This requirement shall apply to all wall sections on all floors above the finished floor level of the foundation.
(d)
All nonresidential structures shall consist of a uniform color of earth tones, natural tones, or rust colors. Should a business owner wish to repaint said structure, then the color standards above shall apply.
(e)
For the purposes of this requirement, the following materials shall be considered “masonry”: glass, natural stone, face brick, face tile, concrete, split face concrete masonry units (haydite block), decorative pattern concrete block masonry unit, masonry veneer, and cement stucco. In determining the percentage of masonry required, the surface of the exterior walls exclusive of the doors and windows shall be measured, up to the eave area or up to a maximum of twelve (12) feet in height, whichever is less.
(Ordinance 2016-03-001, sec. 2 (64-150), adopted 3/15/16)