Glenn Heights City Zoning Code
ARTICLE XV
SUPPLEMENTAL DEVELOPMENT REGULATIONS
§ 1 SUPPLEMENTAL DEVELOPMENT REGULATIONS
XV.1.1
Public and semi-public institutional uses such as hospitals, churches, and schools located in any District shall have a minimum site area of one (1) acre.
XV.1.2
Only one main building for single-family and two-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract.
XV.1.3
Whenever two or more main buildings or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the Site Plan for such development is approved by the Planning and Zoning Commission so as to comply with the City Subdivision Regulations requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.
XV.1.4
Measurement
A.
Measuring Setbacks - All setback measurements shall be measured from the property line.
B.
Configuration of Lots - Flag lots (i.e., lots with minimal, or panhandle-type, frontage) and through (i.e., double-frontage) lots (particularly within residential zoning districts) shall be prohibited. (Also see Subdivision Regulations for regulations pertaining to the configuration of lots.)
C.
Building Setbacks - All setbacks established on a recorded plat shall be enforced, even if they are less than or they exceed the required setbacks in this Ordinance. Setbacks established on a recorded plat shall only be changed through Replat proceedings as set out in the City’s Subdivision Regulations.
XV.1.5
Front Yard
A.
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a Final Plat. Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the Plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard.
B.
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.
C.
Where a building line has been established by a Plat approved by the City Council or by ordinance, and such line required a greater or lesser front yard setback than is prescribed by this Ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such authorizing ordinance or Plat provided no such building line shall be less than twenty feet (20').
D.
The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or covered terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard setback for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard setback to a height greater than thirty inches (30") above the average grade of the yard. Open porches extending into the front yard setback shall not be enclosed. Fireplaces, bay windows and other similar construction not exceeding seven feet (7') in width may extend two feet (2') into a required setback; provided the total length of all such projections into a setback shall not exceed one third (1/3) the length of the exterior wall.
E.
Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or “eyebrow” portion of a street.) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision Plat. The same shall be enforced on a street curvilinear in design. (The term “curvilinear in design” shall refer to any street segment which is designed with a degree of curvature not less than 3° 30' and not greater than 22° 55', and which shall offset a minimum distance of thirty feet (30'), said offset being measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear streets shall utilize the centerline of all interior streets.) Lot widths for all lots shall be as set forth in the respective zoning district for each lot.
F.
The minimum front yard setback requirements may be reduced by five feet (5') in all Single-Family Districts provided that at least fifty percent (50%) of the structures on a given block are set back an additional five feet (5') from the original setback. The average setback would equal the original setback requirements. The purpose of this requirement is to encourage a variety of front yard setbacks along a street creating a more pleasing appearance of houses in the subdivision. In no case shall the setback be less than twenty feet (20'). The desired setbacks for each lot shall be designated on the approved Final Plat.
G.
Gasoline service station pump islands that parallel a public street may not be located less than eighteen feet (18') to the front property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this Ordinance are met), but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street. An unenclosed canopy for a gasoline filling station pump island may extend beyond the front building line but shall never be closer than ten feet (10') to any property line or street right-of-way line.
H.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side or rear yard shall be measured from the future right-of-way line.
XV.1.6
Front Yard Accessory Building Setbacks
Attached front accessory buildings shall have a front yard not less than the main building and as specified in the particular district. Detached accessory buildings shall be located in the area defined as the rear yard (setback), with a minimum setback of sixty feet (60') from the front property line.
XV.1.7
Side and Rear Yards
A.
In the Planned Development District the minimum rear yard for residential uses shall be in accordance with the defining base district unless the Site Plan approval requires a greater depth.
B.
On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek/floodplain area, or other similar phenomenon. In such case, a building line may be designated by the City Manager or his/her designee with a minimum side yard of fifteen feet (15') or more (as determined by the applicable zoning district standards). On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district unless otherwise established on the filed Plat (in which case replatting is necessary to change the setback lines, per the Subdivision Regulations).
C.
Every part of a required side and rear yard setback shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and roof eaves and other architectural features not to exceed twelve inches (12") into the required side or rear yard setbacks. Air-conditioning compressors and similar equipment are not permitted in the side yard setbacks. Open porches and patios (on ground floor only) extending into a side or rear yard setbacks shall not be enclosed, but upper story balconies may not encroach into a side or rear yard setback. A canopy may project into a required side or rear yard setback provided that it is not enclosed, and provided that it is at least five feet (5') from the property line. No obstruction of setbacks, as discussed herein, shall be permitted in the SF-PH district.
D.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
XV.1.8
Conforming Lot Coverage or Floor Area Ratio
Any existing building at the effective date of this Ordinance, having a greater percentage of lot coverage or a higher floor area ratio than herein prescribed, shall be considered conforming.
XV.1.9
Special Height Regulations
In the districts where the height of buildings is restricted to two (2) or more stories or thirty-five feet (35') or less, cooling towers, roof gables, chimneys and vent stacks may extend an additional height and not to exceed forty feet (40') above the average grade line of the building. Water stand pipes and tanks, church steeples, domes, and spires, ornamental cupolas, City and school buildings, and institutional buildings may be erected to exceed the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.
XV.1.10
Communications, Antennas and Support Structures/Towers
A.
Applicability
1.
These regulations apply to all commercial and amateur antennae and support structures, unless exempted in Subsections 2 and 3 below.
2.
Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the FCC), television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty feet (20') or more in height:
a.
In any zoning district, antennae that are one meter (i.e., 39 inches) or less in diameter;
b.
In a nonresidential zoning district, antennae that are two meters or less in diameter;
c.
In any zoning district, antennae designed to only receive television broadcasts;
d.
In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and
e.
In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet (20') in height.
3.
Antennas mounted on existing City water towers shall be exempt from the requirements of this Ordinance, provided a license or lease authorizing such antenna(s) has been approved by the City Council. All other antennas or towers, located on property owned, leased or otherwise controlled by the City of Glenn Heights shall be subject to the requirements herein.
4.
Support structures or antennae legally installed before the effective date of this Ordinance are not required to comply with this Ordinance, but must meet all applicable State, Federal and local requirements, building codes and safety standards.
B.
SPECIAL DEFINITIONS - For the purpose of this Section, the following special definitions shall apply:
1.
Antenna, Microwave Reflector & Antenna Support Structure - An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.
2.
Antenna (Noncommercial/Amateur) - An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet (6') in diameter shall also be considered as a noncommercial antenna.
3.
Antenna (Commercial) - An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet (6') in diameter shall also be considered as a commercial antenna.
4.
Collocation - The use of a single support structure and/or site by more than one communications provider.
5.
Communications Operations (Noncommercial/Amateur) - The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.
6.
Communications Operations (Commercial) - The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.
7.
Height - The distance measured from the finished grade of the lot/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.
8.
Radio, Television or Microwave Tower - See “Antenna, Microwave Reflector & Antenna Support Structure.”
9.
Telecommunications Tower or Structure - See “Antenna, Microwave Reflector & Antenna Support Structure.”
10.
Temporary/Mobile Antenna - An antenna and any associated support structure/equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.
11.
Wireless Communication Tower or Structure - See “Antenna, Microwave Reflector & Antenna Support Structure.”
C.
General Requirements
1.
Antennae and support structures may be considered either principal or accessory uses.
2.
Antenna installations shall comply with all other requirements of the Zoning Ordinance and the Code of Ordinances with the exception of those specifically cited within these regulations.
3.
No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building.
4.
No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.
5.
All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable Federal, State and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six (6) months (i.e., 180 calendar days) or as may otherwise be required by the applicable regulating authority.
6.
A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless the particular antenna is exempt from these regulations. All installations shall comply with applicable Federal, State and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have thirty (30) days after receiving notice that an installation is in violation of applicable Codes in order to bring it into full compliance.
7.
Antennae (amateur or commercial) shall not create electromagnetic or other interference with the City of Glenn Heights’, the County’s, or any other government agency radio frequencies and public safety operations, as required by the FCC. Antennae also shall not interfere with radio or television reception of nearby property owners. In no manner shall the use of such equipment infringe upon adjoining property owners.
8.
No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas (such as at street intersections or where a private driveway enters a roadway) or a traffic safety problem.
9.
Safeguards shall be utilized to prevent unauthorized access to an antenna installation (e.g., on a water tower or utility structure, a freestanding installation, etc.). Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.
10.
Temporary antennae shall only be allowed in the following instances:
a.
In conjunction with a festival, carnival, rodeo or other special event/activity;
b.
In case of an emergency (e.g., severe weather, etc.) or a news coverage event;
c.
When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified prior to the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna.
11.
Collocation is greatly encouraged by the City.
a.
All new support structures over fifty feet (50') in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.
b.
A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty feet (50') of its original location provided that it is not moved any closer to residentially zoned or use of property (if the structure was allowed by SUP, then its new location shall be within the physical/land boundaries of the SUP). The original (i.e., former) support structure shall be removed from the property within ninety (90) days following completion of the new structure.
c.
Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.
12.
Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, they shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. A six-foot (6') solid masonry wall may be used to screen the area provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited; however, a wrought iron fence with masonry columns may be used in conjunction with a dense, opaque evergreen landscaped screen with an initial planting height of three feet (3'), and which will attain an ultimate height of six feet (6') within two (2) years.
13.
Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39") in diameter and antennae do not extend over ten feet (10') above the roof of the building. A letter certifying the roof’s/building’s structural stability shall be written and sealed by a registered architect or engineer, and shall be submitted to the City Manager or his/her designee prior to any approval of a roof-mounted antenna. Roof-mounted antennas that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.
14.
Only one (1) amateur antenna/support structure shall be permitted per residential lot, except that a maximum of two (2) satellite dishes may be allowed if both units are no larger than one meter (39") in diameter (only one allowed if over one meter in diameter). Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter [and] must be approved by the City prior to installation. A written request shall be submitted to the City Manager or his/her designee prior to applying for a permit. The City Manager or his/her designee may require additional information to ensure the safety of the structure. The City Manager or his/her designee may or may not approve the request. In the event the request is approved, installation of the satellite dish shall be screened, behind the main building and meet all other requirements of this and other City Ordinances and Codes.
15.
All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification/replacement.
16.
Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications, etc.).
17.
In all residential zoning districts (including Agricultural, SF-E, SF-1, SF-2, SF-3, SF-4, SF-PH, SF-PH, MF and MH), commercial antennae and antenna support structures are prohibited, except as specified within this Section.
a.
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.
b.
A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
18.
In nonresidential zoning districts (including O, NS, R, TC, C, and I), commercial antennae and antenna support structures are allowed as follows:
a.
Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Specific Use Permit (SUP) provided the structure conforms in all other aspects of the base zoning district’s regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.
b.
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.
c.
A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
XV.1.11
Minimum Dwelling Unit Area.
Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.
XV.1.12
Open Storage Areas.
Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in Article XIX; see screening requirements in Section XVII.5.3 [Article 15.02]; and see special requirements for outside display in various zoning districts).
XV.1.13
Sight Visibility
A.
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, signs, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between thirty inches (30") and eight feet (8') above the ground. The triangular areas are defined as follows:
1.
Alley intersects a public street right-of-way - The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection, and the third side being a line connecting the ends of the other two (2) sides.
2.
Street intersection or intersection of private driveway onto a public street - These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length along the right-of-way lines (or along the driveway curbline and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides.
B.
Shrubs and plant materials that are typically less than thirty inches (30") in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of thirty inches (30").
C.
A limited number of single-trunked trees having a clear trunk (i.e., no branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, “picket-fence” effect when they attain mature size.
XV.1.14
Nonresidential Structures in Residential Districts.
Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (A, SF-E, SF-1, SF-2, SF-3, SF-4, SF-PH, MF and MH) shall be designed and constructed such that they conform to the development standards set forth in the Neighborhood Service (NS) zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, exterior building construction, etc.) unless otherwise stated in this Ordinance or in an ordinance establishing a PD.
(Ordinance O-03-09 adopted 4/20/09)