Harker Heights City Zoning Code

DISTRICT REGULATIONS

§ 155.020 R-1 ONE FAMILY DWELLING DISTRICT.

(A) Permitted uses. The following uses are permitted by right:

(1) Site-built, single-family dwellings and industrialized housing.

(2) Church or other place of worship.

(3) Municipal buildings, non-profit libraries or museums, police and fire stations, public utilities (without outside storage yards or electric substations), public parks, playgrounds, municipal golf courses, public recreation facilities, and community buildings.

(4) Customary home occupations as defined in § 155.003.

(5) Accessory structure.

(a) One small accessory building (not exceeding 144 square feet) per residence customarily incident to the above uses (not involving the conduct of a business) subject to the following requirements:

1. Structure must be built upon a moveable foundation;

2. Structure cannot exceed 12 feet in height;

3. Structure must set behind the rear facade of the main residence building and must be setback five feet from the rear property line and six feet from the side property line; and

4. Materials, building design, and construction must comply with the requirements of Ch. 150.

(b) Large accessory buildings customarily incident to the above uses (not involving the conduct of a business) subject to the following requirements:

1. Building materials and facade must be consistent with the main residence building materials and facade;

2. Large accessory building must be behind the front facade of the main residence;

3. The height of the large accessory building cannot exceed that of the main residence building;

4. Number, size, setbacks and height requirements based on the size of the lot as follows:

Lot Size	Number of Large Accessory Structures Allowed	Maximum Aggregate Size of All Accessory Structures	Setbacks	Maximum Height
< 10,000 square feet	1	250 square feet	Front: 25 feet Side: 6 feet Rear: 10 feet	15 feet
> 10,000 square feet < .5 acre	1	500 square feet	Front: 25 feet Side: 6 feet Rear: 10 feet	15 feet
> .5 acre < 1 acre	2	1,000 square feet	Front: 25 feet Side: 6 feet Rear: 20 feet	24 feet
> 1 acre	4	1,500 square feet	Front: 25 feet Side: 6 feet Rear: 20 feet	24 feet

(6) Private garage.

(7) Home based child care.

(8) Real estate sales office, or temporary living quarters to provide security during the development of residential subdivisions, but not to exceed two years.

(9) Low impact telecommunication towers.

(10) Public schools.

(B) Conditional uses. The following require conditional use permits:

(1) Private schools having a curriculum equal to a public elementary, high school, or institution of higher learning (except home schooling).

(2) Neighborhood association facilities.

(3) Farms, nurseries, truck gardens and greenhouses, provided no sales offices are maintained and no livestock are kept within 250 feet of a residence of any person other than the farm owner.

(4) Accessory dwelling for a relative or servant (not for rent).

(5) Accessory structure as provided by § 155.040.

(D) Front yard, side yard, and rear yard. As per Table 21-A.

(E) Intensity of use. Every lot or tract of land shall have an area of not less than 8,400 square feet and an average overall width of not less than 70 feet and a minimum lot frontage of not less than 45 feet. Except that if a lot or tract should have less area or width than is herein required and its boundary lines along their entire length should touch lands under other ownership on the effective date of this chapter and shall not have changed since the date, such parcel of land may be used for a single family dwelling.

(F) Additional use, height, and area regulation. Additional use, height, and area regulations and exceptions are found in § 155.040.

(G) R-1(M) zoning designation. R-1(M) is a one family residential lot that also allows manufactured homes. All manufactured housing structures installed after December 31, 1999, must be installed on a permanent foundation, as that term is defined in § 152.01.

(1) In order to be approved, the manufactured home must be found to have design compatibility with other dwellings in the neighborhood.

(2) The following standards apply to any placement of a manufactured home on a lot after December 31, 1999:

(a) Roofing shall be similar in color, material and appearance to the roofing material commonly used on residential dwellings within the community or comparable to the predominant materials used on dwellings within the neighborhood.

Materials shall include asphalt composition, shingle, tile, crushed rock, standing seam metal or similar materials (except all other metal). Roof pitch shall be a minimum of 3/12.

(b) Exterior siding shall be similar in color, material, and appearance to the exterior siding material commonly used on residential dwellings within the community or comparable to predominant materials used on dwellings within the neighborhood. Exterior siding shall be of brick, wood, stucco, plaster, concrete or other material which is finished in a non-glossy and non-reflective manner.

(c) If a garage/carport is constructed, it must be similar in appearance to others in the neighborhood and constructed of like materials as that of the primary home.

(d) Two all-weather surface off street parking spaces meeting the requirements of § 155.061 shall be provided.

(3) Every manufactured home shall be placed so that the entrance or front of the home faces or parallels the principal street frontage, except:

(a) In cases where the lot is one acre or greater and the home is located more than 50 feet from the street; or

(b) Where the lot width is 60 feet or less.

(4) All entrances to a manufactured home shall be provided with permanent steps, porch or similar suitable entry.

(5) The lot must meet all applicable requirements of Chapter 154, and shall comply with the area regulations in (D) of this section. Variance in setbacks may be given in inches not to exceed one foot at the Building Official’s discretion.

(H) Signs As per Chapter 151.

(I) Parking. As per §§ 155.061 through 155.068.

(J) Storage. Open storage is prohibited except for materials for the residents’ use, such as firewood, gardening materials, and similar materials.

(K) Landscaping. All yards shall have vegetative groundcover of sufficient quality and quantity, or other city-approved groundcover, to control dust, erosion and sediment upon final inspections. In addition, a minimum of two six-foot-tall trees, measuring two inches or more in caliper (diameter) when measured 12 inches from the base of the trunk, and eight three-gallon shrubs, are required in the front yard.

(L) Industrialized housing.

(1) Industrialized housing shall be considered real property and must:

(a) Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county;

(b) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;

(c) Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings;

(d) Be securely fixed to a permanent foundation; and

(e) Have all local permits and licenses that are applicable to site-built housing.

For purposes of this division, VALUE means the taxable VALUE of the industrialized housing and lot after installation of the housing.

(2) Any owner or authorized agent who intends to construct, erect, install or move any industrialized housing into the city shall first make application to the Building Official and obtain the required permits. In addition to any other information otherwise required for such permits, the application shall:

(a) Identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling, as determined by the most recent certified tax appraisal roll for the county;

(b) Describe the exterior siding, roofing, roof pitch, foundation fascia, and fenestration for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located;

(d) State the anticipated taxable value of the industrialized housing and the lot after installation of the industrialized housing.

(3) A person commits an offense if the person:

(a) Constructs, erects, installs or moves any industrialized housing in the city without first obtaining a permit as required by this section; or

(b) Constructs, erects, installs or moves any industrialized housing into the city unless such industrialized housing complies with this section.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2002-28, passed 11-12-02; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2010-32, passed 10-12-10; Am. Ord. 2011-08, passed 4-19-11)

§ 155.021 R1-R RURAL ONE-FAMILY DWELLING DISTRICT.

(A) Permitted uses.

(1) Any use permitted by right in the R-1 District.

(2) Non-commercial/small scale agricultural related uses to include:

(a) 1. Farm animals kept and/or maintained for family food production, education, or recreation but excluding retail sales or commercial production.

2. All farm animals kept and/or maintained for family food production, education or recreation shall be subject to all regulations stated in Chapter 90 of this code.

(b) The raising of and harvesting of tree crops, row crops, or field crops for family food production but excluding retail sales or commercial production.

(c) The growing of horticultural and floricultural specialties such as flowers, shrubs, or trees intended for ornamental or landscaping purposes but excluding retail sales or commercial production.

(3) Accessory buildings.

(a) Accessory building or buildings whose use is incidental to the above uses (not involving the conduct of a business or to be used as a dwelling unit), when located on the same lot, other than private garage for one or more cars. Accessory buildings that fall under this category shall include such buildings as private stables, barns, farm equipment storage buildings and other buildings incidental to small agricultural production and storage are permitted provided they meet the following standards:

1. The maximum number of accessory buildings shall not exceed one per acre;

2. Accessory buildings shall be no greater than 5,000 square feet in size;

3. The maximum aggregate square footage of all accessory buildings shall not exceed 1,000 square feet per acre and not to exceed a total of 10,000 square feet on any one tract;

4. Materials, building design and construction must comply with the requirements of Chapter 150 of this code.

(b) Accessory buildings with metal exteriors shall be allowed in an R1-R District provided they meet the following standards:

1. The accessory building shall meet all the requirements of division (A)(3)(a) above;

2. Metal exteriors must be constructed using permanently painted 26 gauge or higher steel.

(B) Conditional uses.

(1) Any conditional use permitted in the R-1 District.

(2) Commercial or large scale agriculture provided that the density of the lot or tract of land is ten acres or greater and that all farm animals kept and/or maintained shall be subject to all regulations stated in Chapter 90 of this code.

(D) Area regulations. As per Table 21-A.

(1) Front yard. There shall be a front yard along the front property line of the lot. The minimum depth of such front yard shall be 40 feet.

(2) Side yard. There shall be a side yard on each side of a building of not less than ten feet. A side yard adjacent to a street shall not be less than 25 feet.

(3) Rear yard. The depth of a rear yard shall be a minimum of 25 feet.

(E) Intensity of use.

(1) Every lot or tract of land shall have an area of not less than two acres. The lot width shall be a minimum of 100 feet.

(2) If a long narrow strip of land is utilized for lot access to a public right-of-way it shall have a minimum width of 60 feet and shall not be included when calculating the overall density of the lot.

(F) Signs. As per Chapter 151.

(G) Landscaping. All yards shall have vegetative groundcover of sufficient quality and quantity, or other city-approved groundcover, to control dust, erosion and sediment upon final inspections. In addition, a minimum of two six-foot-tall trees, measuring two inches or more in caliper (diameter) when measured 12 inches from the base of the trunk, and eight three-gallon shrubs, are required in the front yard.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2010-26, passed 9-14-10)

§ 155.022 R1-A SINGLE-FAMILY GARDEN HOME RESIDENTIAL DISTRICT.

(A) Permitted uses. Any use permitted by right in the R-1 District, if it meets required standards.

(B) Conditional uses. Any conditional use permitted in the R-1 District, if it meets required standards.

(D) Area regulations.

(1) Front yard. There shall be a front yard having a depth of not less than 20 feet. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets.

(2) Side yard. The minimum side yard setback for any corner lot shall be 15 feet. Other residences may be located such that one of the side yards will be zero; that is, the building may be constructed on the property line, provided:

(a) The minimum spacing between residences must be 15 feet, except that if the "R1-A" lot is adjacent to and shares a common boundary with a lot zoned "R-1," the required minimum spacing between structures shall not be less than 15 feet;

(b) The wall located on the property line shall be constructed and maintained in accordance with all other applicable codes and ordinances; and

(c) A five foot wide maintenance easement, shown on the approved subdivision plat, shall be provided across the full depth of the adjacent lot abutting the wall on the property line.

(3) Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

(E) Intensity of use. All projects must contain a minimum of one and one half acres of property. No subdivision may contain less than ten individual lots.

(1) Lot area. No building shall be constructed on any lot less than 4,600 square feet of area.

(2) Lot width. The width of the lot shall not be less than 46 feet at the front street building line, nor shall its average width be less than 46 feet. On corner lots, with two street frontages, the minimum width shall be not less than 55 feet.

(3) Lot depth. The average depth of the lot shall be not less than 100 feet, except that a corner lot having a minimum width of not less than 55 feet may have an average depth of less than 100 feet, provided that the minimum depth is not less than 90 feet.

(F) Parking regulations. Same as in R-1 District.

(G) Storage. Open storage is prohibited except for materials for the residents' use, such as firewood, gardening materials, and similar materials.

(H) Floor area. Minimum livable floor area shall be 1,500 square feet.

(I) Additional requirements. All structures shall have brick veneer on all sides.

(J) Landscaping. All yards shall have vegetative groundcover of sufficient quality and quantity, or other city-approved groundcover, to control dust, erosion and sediment upon final inspections. In addition, a minimum of two six-foot-tall trees, measuring two inches or more in caliper (diameter) when measured 12 inches from the base of the trunk, and eight three-gallon shrubs, are required in the front yard.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06)

§ 155.0221 R1-I SINGLE-FAMILY INFILL DWELLING DISTRICT.

(A) Location requirements. The Single-Family Infill Dwelling District (R1-I) shall be restricted to specific geographic locations as designated in the map attached to Ord. 2023-24 as Exhibit "1" and incorporated by reference, an official copy of which map shall be filed in the office of the City Secretary. This copy shall be the official map and shall not be changed in any manner except as the Council may amend from time to time. In case of any question, such copy, together with any amending ordinances, shall be controlling. Additional copies of the map may be placed in the offices of the Planning and Development Director and the Public Works Director.

(B) Permitted uses. Any use permitted by right in the R-1 District, if it meets required standards.

(D) Height regulations. The main residence building may not exceed the lesser of three stories or 40 feet in height.

(E) Design regulations.

(1) Materials and appearance. Building facade must be of masonry or other cementitious materials approved by the Building Official. Varying textures, colors, materials and architectural treatments are required on adjacent houses to avoid repetition and add visual interests to the area. Windows must be configured to break the line of sight between adjacent residences.

(2) Fences. No masonry fences will be permitted between units that are less than 12 feet apart as measured from wall to wall. All front facing fences when located between units less than 12 feet apart must have a minimum three foot wide gate.

(3) Spacing. If units are less than 12 feet apart, eaves between the units may not protrude beyond 16 inches from the wall.

(F) Area regulations.

(1) Front yard. There shall be a front yard having a depth of not less than 20 feet if there is a garage in the front, or ten feet in all other circumstances. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets.

(2) Side yard. The minimum side yard setback for any corner lot shall be ten feet. Other residences may be located such that one of the side yards will be zero; that is, the building may be constructed on the property line, provided that:

(a) A five foot wide maintenance easement, shown on an approved subdivision plat, shall be provided across the full depth of the adjacent lot abutting the wall on the property line; and

(b) There is required a minimum ten foot separation between neighboring residences.

(3) Rear yard. There shall be a rear yard having a depth of not less than ten feet.

(G) Intensity of use.

(1) Lot area. No building shall be constructed on any lot less than 3,500 square feet in area.

(2) Lot width. The minimum width of the lot shall be not less than 30 feet at the front street building line.

(H) Additional requirements. Additional use, height, and area regulations and exceptions are found in § 155.040.

(I) Parking regulations. As per §§ 155.061 through 155.068.

(J) Landscaping. All yards shall have vegetative groundcover of sufficient quality and quantity, or other groundcover approved by the Director of Planning and Development, to control dust, erosion and sediment upon final inspections. In addition, a minimum of one six-foot-tall tree, measuring three inches or more in caliper (diameter) when measured 12 inches from the base of the trunk and 16 three-gallon shrubs, are required in the front yard.

(K) Storage. Open storage is prohibited except for materials for the resident's use, such as firewood, gardening materials, and similar materials.

(L) Accessory structures. The following accessory structures are permitted:

(1) Any accessory structure permitted in the R-l District;

(2) Detached garages and carports do not count against the number of accessory structures permitted. Such structures must be behind the rear facade of the main residence building, must be set back ten feet from the rear property line, and must comply with R1-I side yard setback requirements. Building materials and facade must be consistent with the main residence building materials and facade.

(3) One garage apartment will be allowed on site provided that it is above a detached garage and served by a paved driveway. The apartment may be taller than the primary residence, but may not exceed the lesser of 35 feet or two and one half stories in height. The structure may not exceed a gross floor area of 850 total square feet, or 550 square feet on the second floor, if any.

(M) Zoning incentives. The Director of Planning and Development is authorized to refund the city's standard fees for zoning, platting, and permitting, sewer taps (excluding material and street cut costs), and water taps (excluding material and street cut costs) hereafter paid in connection with lots zoned R1-I, provided that such zoning, platting or permitting is approved or approved with conditions, and such taps are satisfactorily installed after June 28, 2022 and not later than September 30, 2026.

(Ord. 2016-24, passed 10-11-16; Am. Ord. 2017-27, passed 10-10-17; Am. Ord. 2022-35, passed 6-28-22; Am. Ord. 2023-24, passed 6-13-23; Am. Ord. 2023-35, passed 9-12-23)

§ 155.023 R-2 TWO-FAMILY DWELLING DISTRICT.

(A) Permitted uses.

(1) Any use permitted by right in the R-1 District, or (subject to the location requirements for such tracts) in the R1-I Districts.

(2) Two-family or duplex dwelling.

(3) Industrialized duplex dwelling, provided such dwelling complies with all regulations applicable to industrialized single-family housing.

(B) Conditional uses. Neighborhood association facilities.

(D) Area regulations. Lots in the Wildewood Subdivision, and duplex lots platted prior to November 8, 2006, shall have six-feet-minimum side setbacks, except when siding on a street such setback shall be a minimum of 15 feet. All other duplex lots shall have a minimum of ten-feet-wide side building setbacks, except when siding on a street such setback shall be a minimum of 15 feet.

(E) Intensity of use.

(1) A lot on which there is erected a single-family dwelling shall conform to the same intensity of use requirements as those in the R-1 (Single-Family Dwelling District) as noted in § 155.020(E).

(2) The minimum lot area shall be 7,800 square feet for lots in the Wildewood Subdivision and duplex lots platted prior to November 8, 2006. All other duplex lots shall contain a minimum lot area of 8,400 square feet, and an average width of not less than 70 feet.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Additional use, height, and area regulations. Additional use, height, and area regulations and exceptions are found in § 155.040.

(H) Signs. Same as in R-1 district.

(I) Storage. Open storage is prohibited, except for materials for the residents’ use such as firewood, gardening materials, and similar materials.

(K) Architectural design. R-2 buildings shall be designed to avoid repetitions of buildings or roof lines, and the same elevation may not be used within any five lot groupings. Primary entrances shall face the public street. Windows shall be provided with trim or recessed, rather than flush with exterior wall treatment.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2012-01, passed 2-14-12; Am. Ord. 2012-04, passed 3-27-12; Am. Ord. 2016-24, passed 10-11-16)

§ 155.0231 R2-I TWO-FAMILY INFILL DWELLING DISTRICT.

(A) Purpose. To establish and preserve areas of low-medium intensity land use primarily devoted to moderate density residential development.

(B) Location requirements. The Two-Family Infill Dwelling District (R2-I) shall be restricted to specific geographic locations as designated in the map attached to Ordinance 2023-25 as Exhibit “A” and incorporated by reference, an official copy of which map shall be filed in the office of the City Secretary. This copy shall be the official map and shall not be changed in any manner except as the Council may amend from time to time. In case of any question, such copy, together with any amending ordinances, shall be controlling. Additional copies of the map may be placed in the offices of the Planning and Development Director and the Public Works Director.

(D) Conditional uses. Any conditional use permitted in the R-2 District, if it meets required standards.

(E) Height regulations. No building shall exceed three stories or 40 feet in height.

(F) Design regulations.

(1) Materials and appearance. Building facade must be of masonry or cementitious materials approved by the Building Official. Varying textures, colors, materials and architectural treatments are required on adjacent houses to avoid repetition and add visual interest to the area. R2-I buildings shall be designed to avoid repetitions of buildings or roof lines, and the same elevation may not be used within any five lot groupings. Windows must be configured to break the line of sight between adjacent residences and shall be provided with trim or recessed, rather than flush with exterior wall treatment.

(2) Fences. All fences shall provide a finished face to abutting streets.

(3) Spacing. If units are less than 12 feet apart, eaves between the units may not protrude beyond 16 inches from the wall.

(G) Area regulations.

(2) Side yard. The minimum side yard setback for any corner lot shall be ten feet. Other residences may be located such that one of the side yard will be zero; that is, the building may be constructed on the property line, provided that:

(a) A five foot wide maintenance easement, shown on an approved subdivision plat, shall be provided across the full depth of the adjacent lot abutting the wall on the property line; and

(b) There is a required minimum 12 foot separation between neighboring residences.

(3) Rear yard. There shall be a rear yard having a depth of not less than ten feet.

(H) Intensity of use.

(1) The minimum lot area shall be 6,000 square feet.

(2) The minimum width of the lot shall be not less than 30 feet at the front street building line.

(I) Additional requirements. Additional use, height, and area regulations and exceptions are found in § 155.040.

(J) Parking regulations. As per §§ 155.061 through 155.068.

(K) Landscaping. All R2-I lots shall have vegetative groundcover of sufficient quality and quantity, or other city- approved groundcover, to control dust, erosion and sediment upon final inspection. In addition, a minimum of two six-foot tall trees, measuring two inches or more in caliper (diameter) when measured 12 inches from the base of the truck, and eight three- gallon shrubs are required in the front yard.

(L) Storage. Open storage is prohibited, except for materials for the residents’ use such as firewood, gardening materials, and similar materials.

(M) Accessory structures. Any accessory structure permitted in the R-2 District is allowed. Detached garages do not count against the number of accessory structures permitted, provided they are behind the rear facade of the main residence building, are set back ten feet from the rear property line, and comply with R2-I side yard setback requirements. Building materials and facade must be consistent with the main residence building materials and facade.

(N) Zoning incentives. The Director of Planning and Development is authorized to refund the city's standard fees for zoning, platting, and permitting, sewer taps (excluding material and street cut costs), and water taps (excluding material and street cut costs) hereafter paid in connection with lots zoned R2-I, provided that such zoning, platting or permitting is approved or approved with conditions, and such taps are satisfactorily installed after June 28, 2022 and not later than September 30, 2026.

(Ord. 2017-28, passed 10-10-17; Am. Ord. 2020-09, passed 4-14-20; Am. Ord. 2022-36, passed 6-28-22; Am. Ord. 2023-25, passed 6-13-23; Am. Ord. 2023-36, passed 9-12-23)

§ 155.024 R-MU MIXED RESIDENTIAL.

(A) Permitted uses. Any use permitted by right in the R-1, R-1(M), and R-2 Districts. In addition, any use permitted by right in the R1-I District, and R2-I District subject to the location requirements for such tracts.

(B) Conditional uses. Any conditional use permitted in the R-1 and R-2 Districts.

(D) Area regulations. As per corresponding zoning district and as per Table 21-A for corresponding zoning district.

(E) Intensity of use. Intensity of use shall be determined with reference to the intensity of use regulations applicable in the zoning district customarily associated with the use. For example, a single family home in this district shall be subject to the intensity of use regulations applicable to the R-1 District, but a duplex in this district shall be subject to the intensity of use regulations applicable to the R-2 District.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Additional use, height, and area regulations. Additional regulations shall be determined with reference to any additional regulations applicable in the zoning district customarily associated with the use. For example, a single family home in this district shall be subject to the additional regulations applicable to the R-1 District, but a duplex in this district shall be subject to the additional regulations applicable to the R-2 District.

(H) Signs. Same as in R-1 District.

(I) Storage. Open storage is prohibited, except for materials for the residents' use such as firewood, gardening materials, and similar materials.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2016-24, passed 10-11-16; Am. Ord. 2017-28, passed 10-10-17)

§ 155.025 R-3 MULTI-FAMILY DWELLING DISTRICT.

(A) Permitted uses.

(1) Any use permitted by right in the R-2 District.

(2) Multi-family dwellings.

(3) Apartment houses.

(4) Boarding, lodging, and rooming houses.

(5) Dormitories for students.

(6) Neighborhood association facilities.

(7) Institutions of a religious, educational, charitable, or philanthropic nature, but not a penal or mental institution.

(B) Conditional uses.

(1) Fraternity/sorority house.

(2) Fitness center.

(3) Any conditional use permitted in the R-1 and R-2 Districts.

(C) Height regulations. When adjacent to one or more single-family detached homes, the height shall not exceed that of the shortest adjacent house, except that an additional setback of one foot shall be exchanged for each additional foot in height. However, in no event may a building exceed three and one-half stories or 45 feet in height.

(D) Area regulations. Front building setbacks shall be a minimum of 25 feet. Side setbacks shall be a minimum of ten feet, except when siding on a street they shall be a minimum of 15 feet. Rear setbacks shall be no less than 20 feet. See also Table 21-A.

(E) Intensity of use.

(1) A lot on which there is erected a single-family dwelling shall conform to the same intensity of use requirements as those in the R-1 (Single-Family Dwelling District) as noted in § 155.020(E).

(2) A lot for a two-family dwelling shall contain an area of not less than 8,400 square feet, and an average width of not less than 70 feet.

(3) A lot for a four-plex shall contain an area of not less than 10,000 square feet. The minimum lot area shall be increased by 2,500 square feet per additional dwelling unit.

(4) Where a lot or tract has less area than herein required and its boundary lines along their entire length touches lands under other ownership on the effective date of this chapter and have not since been changed, such parcel of land may be used for a single-family dwelling.

(5) In no case shall more than 40% of the total lot area be covered by a main building.

(F) Parking regulations. As per §§ 155.061 through 155.068. In addition, parking is prohibited within the front 25-foot building setback.

(G) Additional use, height, and area regulations. Additional use, height, and area regulations and exceptions are found in § 155.040.

(H) Storage. Open storage is prohibited, except for materials for the residents' use such as firewood, gardening materials, and similar materials. Trash shall be stored only in approved dumpsters located on private property.

(I) Landscaping. All yards shall have vegetative groundcover of sufficient quality and quantity, or other city-approved groundcover, to control dust, erosion and sediment. For each dwelling unit, a minimum of one six-foot-tall tree with two-inch caliper, and three three-gallon shrubs, are required. All landscaping must be in place upon final inspection.

(J) Architectural design.

(1) Facades should be articulated to minimize the massive scale appearance of the building. At least 25% of the facade of the wall facing the street shall consist of doors or windows in buildings that are located within 30 feet of the property line adjacent to a front yard. Primary entrances shall face the public street. Windows shall be provided with trim or recesses, rather than flush with exterior wall treatment.

(2) The same elevation may not be used within any five lot groupings.

(3) Developments of 20 or more units shall have an area equal to at least 8% of the lot area, excepting required setbacks, dedicated to open space for recreational use by the occupants of the development.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2012-01, passed 2-14-12; Am. Ord. 2012-04, passed 3-27-12)

§ 155.026 R-MH MANUFACTURED HOME PARK DISTRICT.

(A) Use regulations. Any building or premises shall be used only for the following purpose: manufactured home park as that term is defined in § 152.01.

(B) Landscaping. As per § 155.051. The requirements are the same as those for R-3.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06)

§ 155.027 RT-1 TOWNHOUSE SINGLE- FAMILY DWELLING DISTRICT.

(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

COMMON AREA. Private property owned in common by, and designated for the private use of, the owners or occupants of townhouses in a particular project or subdivision. COMMON AREA uses include, but are not limited to, recreation areas, parks and plazas, ornamental areas open to the general view within the project or subdivision, and building setbacks not otherwise required by ordinance. The COMMON AREA does not include public streets, alleys, required building setbacks or utility easements.

TOWNHOUSE. One of a series of single- family dwelling units which are either structurally connected, or which are constructed immediately adjacent to each other. The terms TOWNHOME and ROW HOUSE are similarly defined and may be used interchangeably.

TOWNHOUSE GROUP. Two or more townhouses constructed as an integral part of a townhouse project.

TOWNHOUSE PROJECT. One or more townhouse groups, together with commonly owned structures or areas.

(B) Permitted uses.

(1) Townhouses.

(2) Townhouse group.

(3) Townhouse project.

(4) Townhouse subdivision.

(D) Area regulations. Front yard, side yard, and rear yards as per Table 21-A. Where the units do not share a common wall, there shall be a minimum of ten feet access/maintenance easement between them.

(1) Project area. Each townhouse project shall contain an area of land consisting of not less than 5,000 square feet for each townhouse to be constructed, including common area. Coverage of a project by impervious surface, exclusive of the common area, shall not exceed 45% of the total project area. Impervious surface within the common areas shall not exceed 30% of such areas.

(2) Townhouse group. There shall be not less than 25 feet of separation between each townhouse group within a townhouse subdivision. No townhouse group shall exceed five contiguous lots along the same side. The same elevation may not be used within any five lot groupings.

(3) Facades. Facades should be articulated to minimize the massive scale appearance of the building. At least 30% of the facade of the wall facing the street shall consist of doors or windows. Primary entrances shall face the street on street side structures unless there is a minimum of 6-foot brick, rock, concrete panels, or masonry wall fence. Windows shall be provided with trim or recesses, rather than flush with exterior wall treatment.

(E) Intensity of use. Except as hereinafter provided, all dwellings hereafter erected, enlarged, relocated, or reconstructed, shall be located on lots containing the following areas:

(1) Townhouses. Each townhouse shall be constructed on a privately owned individual lot.

(2) Lot area. Each townhouse lot shall have a lot area of not less than 3,000 square feet and a width of not less than 30 feet.

(3) Private yard. Each lot shall contain a private yard with not less than 750 square feet of area. Parking area shall not be included in the computation of the required private yard area except for a paved driveway not more than 18 feet wide. A private back yard may contain a patio cover or roof which does not cover more than 25% of the private yard.

(F) Parking regulations. As per §§ 155.61 through 155.068, with the addition of no parking allowed within the 25-foot front building setback of the entire subdivision along public streets. Driveways to individual lots must have a minimum separation of 12 feet. Such driveways shall be connected to private roads or common drives, not public streets.

(G) Additional use, height, and area regulations. Additional use, height and area regulations and exceptions are found in § 155.040.

(H) Signs. Same as in the R-1 district.

(I) Storage. Open storage is prohibited, except for materials for the residents' use such as firewood, gardening materials, and similar materials.

(J) Landscaping. The requirements are the same as R-3.

(K) Dumpsters. Appropriate size dumpsters shall be used (no hand pickup).

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2007-27, passed 10-2-07)

§ 155.028 B-1 OFFICE DISTRICT.

(A) Permitted uses.

(1) Office, general business.

(2) Offices of practitioners of the recognized professions, as herein defined:

(a) Professional building. Any structure used solely for the housing of professional offices of recognized professions.

(b) Recognized professions. Members of a recognized profession include those persons and customary staff normally considered as professional and shall be deemed to include doctors, veterinarians, dentists, lawyers, architects, certified public accountants, registered engineers and surveyors, and professions providing personal services, and the like.

(3) Uses customarily incidental to the primary use.

(4) Coffee shop.

(5) Barber shop; beauty shop; beauty parlor.

(6) Public schools.

(7) Public parks, municipal golf courses, public recreation facilities, and community buildings.

(8) Municipal buildings, public libraries or museums, police and fire stations.

(9) Construction field office and yard on the job site for the duration of construction only.

(10) An on-premises residential use or living quarters associated with the business provided both uses are in compliance with appropriate building codes, and the proprietor or employee of the business is a resident of the living quarters.

(11) Low impact telecom towers.

(12) Churches or places of worship.

(B) Conditional uses.

(1) Private schools.

(2) Civic clubs.

(3) Fitness centers.

(D) Area regulations. Front yard, side yard, and rear yards as per Table 21-A.

(E) Landscaping requirements. As per § 155.051.

(F) Intensity of use. There are no minimum lot area or lot width requirements.

(G) Parking regulations. As per §§ 155.061 through 155.068.

(H) Additional use, height, and area regulation.

(1) Conditions for use. Buildings may be used for one or more of the uses prescribed in division (A)(2) hereof only under the following conditions:

(a) The total area of a professional building devoted to any single incidental use shall not exceed 15% of the gross floor area of the building.

(b) The total area of a professional building devoted to incidental uses in the aggregate shall not exceed 25% of the gross floor area of the building.

(2) Parking. No parking space shall occupy any part of the required front yard, except as provided in division (G) of this section.

(3) Visibility of interior. No building in this district shall be constructed or altered to produce a store front, show window or display window, and there shall be no merchandise visible from the exterior of the building.

(4) Storage. No outside storage shall be permitted in this district.

(5) Signage. As per Chapter 151.

(6) Screening requirements. As per § 155.050.

(7) Building facade. As per § 155.040.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2004-01, passed 1-13-04)

§ 155.029 B-2 NEIGHBORHOOD RETAIL DISTRICT.

(A) Permitted uses.

(1) Any use permitted in the B-1 District that is permitted by right.

(2) Household appliance sales.

(3) Bakery shop (retail sales only).

(4) Cleaning or laundry (pickup station).

(5) Cleaning or laundry (self service) using fully automatic equipment, as follows:

(a) Washer, capacity of not more than 40 pounds.

(b) Dryers or extractor, capacity of not more than 60 pounds.

(6) Custom personal service shops, such as health studio, answering service, typing service, tailor, employment agency, FM piped music service, letter or mailing service, secretarial service, or pharmacy.

(7) Drugstore or pharmacy.

(8) Florist (retail): Retail sales of flowers and small plants. No flower or plant raising or outside display or storage.

(9) Home for the aged or nursing home.

(10) All child care facilities except commercial boarding homes.

(11) Real estate office.

(12) Restaurant or café (no drive-in service).

(13) Retail store, (other than listed): Offering all types of personal consumer goods for retail sales.

(14) Studio for photography, interior decoration, fine arts instruction, or sales of art objects.

(15) Low impact telecommunication tower.

(B) Conditional uses.

(1) Any use permitted in a more restricted district that is permitted by a conditional use permit.

(2) Electric utility substation.

(3) Grocery store (drive-in).

(4) Ice retail distributing station, no manufacture, and capacity not to exceed five tons storage.

(D) Area regulations. As per Table 21-A.

(E) Intensity of use. There are no minimum lot area or lot width requirements.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Signage. As per Chapter 151.

(H) Screening requirements. As per § 155.050.

(I) Building facade. As per § 155.040.

(J) Landscaping requirements. As per § 155.051.

(Ord. 2001-36, passed 11-13-01)

§ 155.030 B-3 LOCAL BUSINESS DISTRICT.

(A) Permitted uses.

(1) Any use permitted in the B -2 District that is permitted by right.

(2) Bakery or confectionery: Engages in preparation, baking, cooking, and selling of products at retail on the premises, with six or less employees.

(3) Bank, savings and loan or other financial institutions.

(4) Cleaning, pressing and drying plants not employing more than six persons.

(5) Florist, garden shop, greenhouse or nursery office (retail): No growing of plants, shrubs or trees out of doors on premises; no outside display or storage unless behind the required front yard fine or the actual setback of the principal building, whichever is greater.

(6) General food products, retail sales, such as supermarkets, butcher shops, dairy stores, sea food sales, or health food sales.

(7) Cafeteria or catering service.

(8) Hospital, home o r center for the acute or chronically ill.

(9) Mortuary or funeral chapel.

(10) Job printing, provided total mechanical power used in operation of such printing plant shall not exceed five horsepower.

(11) Lodge halls and private clubs.

(12) Hotels.

(13) Restaurants or cafes with drive-in or pick-up service.

(14) Restaurants serving alcoholic beverages (in wet areas only) subject to TABC regulations and the following:

(a) A restaurant which desires to sell alcohol for on premises consumption, under the Texas Alcoholic Beverage Code, and the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, all of which are adopted hereby and made apart hereof as if fully set out herein.

(b) During any consecutive four-month period, a restaurant serving alcoholic beverages must produce at least 51% of its total revenues, exclusive of tips and gratuities, from the provision of food service. Documentation of this requirement may be by affidavit of a certified public accountant or by examination of the books by the city at the city's option. No more than two requests for such documentation shall be made of any restaurant serving alcohol during any calendar year by the city, unless good cause is shown as determined by the City Council in a hearing before the Council requested by the City Manager asking that a restaurant provide the city with the documentation request on more than two occasions during one calendar year. The restaurant must be given 14 days notice of such hearing.

(c) The failure of any such restaurant to allow its books to be inspected by the city or provide an affidavit of compliance from a certified public accountant within 14 days of a request being made by the city to verify that the provisions of this section are being complied with, as well as the failure to obey any other provision of the Code of the city or the laws of the state concerning the sale of beer, wine and/or alcoholic beverages, or the operation of a private club, shall result in the following:

1. Notification in writing mailed to the owner/operator that a violation exists, and what such violation is.

2. The notification shall give the owner/operator 15 days in which to correct the violation.

3. If the violation is not corrected within 15 days, a fine of up to $250 shall be assessed for each violation. Each day the violation shall exist shall be considered as a separate violation.

(15) Moving picture house or theater.

(16) Tennis or swim club.

(17) Auto laundry or car wash.

(18) Auto parts sales, new, at retail.

(19) Any retail business and typical accessory uses not included in the neighborhood retail district, provided that such use is not noxious or offensive by reason of vibration, smoke, odor, dust, gas, light or noise.

(20) Radio studios, repair and sales shops (only).

(21) Low impact telecommunication tower (as defined in Chapter 157).

(22) Filling station, service station, convenience store, subject to the following requirements:

(a) All service must take place in the interior (service bays) of the building. No tents may be used for repair or service, except during times of urgent public necessity as declared by the Mayor or the Planning and Development Director and posted as such at the main entrance to the City Hall.

(b) Oil storage facilities and refuse containers shall be screened from the view of travelers along public streets.

(d) There shall be no dismantling or wrecking on premises.

(e) The use shall be operated in accordance with all applicable regulations including licensing from all government agencies that have jurisdiction.

(f) Gasoline storage tanks must be underground.

(23) Beer and wine sales for off premises consumption (in wet areas only) subject to TABC and city regulations.

(B) Conditional uses. Any use permitted in a more restricted district that is permitted by a conditional use permit.

(D) Area regulations. The same as prescribed for B-2 District.

(E) Intensity of use. There are no minimum lot area or lot width requirements.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Signage. As per Chapter 151.

(H) Screening requirements. As per § 155.050.

(I) Building facade. As per § 155.040.

(J) Landscaping requirements. As per § 155.051.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06)

§ 155.031 B-4 SECONDARY AND HIGHWAY BUSINESS DISTRICT.

(A) Permitted uses.

(1) Any use permitted in the B-3 Local Business District that is permitted by right.

(2) Automobile parking lots.

(3) Bakery (wholesale).

(4) Dance hall and skating rink.

(5) Frozen food locker plant.

(6) Garage, public.

(7) Drive-in theater.

(8) Bowling alley.

(9) Tourist court or motel.

(10) Antique shop.

(11) Secondhand goods store: (No outside display, repair or storage.)

(12) Automobile and marine sales and re-pair, provided that:

(b) Oil storage facilities and refuse containers shall be screened from the view of travelers along public streets;

(c) There shall be no vehicle storage longer than 30 days, or auto sales including vehicles belonging to the owner (except for sales lots);

(d) There shall be no dismantling or wrecking on premises;

(e) The use shall be operated in accordance with all applicable regulations including licensing from all government agencies that have jurisdiction; and

(f) Gasoline storage tanks must be underground.

(13) Building material or lumber sales (no outside storage without screening).

(14) Cleaning, pressing and dyeing.

(a) No direct exterior exhaust from cleaning plant permitted.

(b) Dust must be controlled by either bag or filter and separator or precipitator so as to eliminate the exhausting of dust, odor, fumes or noise outside the plant.

(15) Florist, garden shop, greenhouse, or nursery (retail).

(16) Ball park, stadium, athletic field (private).

(17) Philanthropic institutions (not else-where listed).

(18) Cabinet, upholstery, woodworking shop.

(19) Plumbing, electrical, air conditioning service shop (no outside storage without screening).

(20) Trade or business school.

(21) Any retail business not included in the Local Business District, provided that such use is not noxious or offensive by reason of vibrations, smoke, light, odor, dust, gas or noise.

(23) Package liquor store (in wet areas only and subject to TABC regulations). The property, if located outside the commercial zone of Business Hwy 190, must:

(a) Be part of a commercial development containing a minimum of 12,000 square feet of leaseable retail floor space (for example, a shopping center or mall); and

(b) Be located a minimum of 300 feet, measured from the front door to the establishment, from any R zoned property by the most commonly traveled public roadway.

(24) Brewpub or winery (in wet areas only and subject to TABC regulations). The property, if located outside the commercial zone of Business Hwy 190 or I-14, must be located a minimum of 300 feet from any R zoned property, measured from the front door of the establishment by the most commonly traveled public roadway. All manufacture, blending, fermentation, processing, and packaging of alcoholic beverages must take place wholly inside a building.

(B) Conditional uses. Any use permitted in a more restricted district that is permitted by a conditional use permit.

(D) Area regulations. The same as provided for B-2 District.

(E) Intensity of use. There are no minimum lot area or lot width requirements.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Signage. As per Chapter 151.

(H) Screening requirements. As per § 155.050.

(I) Building facade. As per § 155.040.

(J) Landscaping requirements. As per § 155.051.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2019-14, passed 5-28-19)

§ 155.032 B-5 GENERAL BUSINESS DISTRICT.

(A) Permitted uses.

(1) Any use permitted in the B-4 District that is permitted by right.

(2) Storage in bulk, or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, groceries, millinery, and shop supplies.

(3) Wholesale sales room.

(4) Building material and lumber sales (outside storage permitted).

(5) Newspaper or job printing.

(6) Railroad or bus passenger terminal.

(7) Auto parts sales, used: No outside storage, display or dismantling.

(8) Any commercial use not included in any other district, provided such use is not noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(9) Installation of vehicle electronics (no outside storage of vehicles without screening).

(10) Trailer rental or sales.

(B) Conditional uses.

(1) Any use permitted in a more restricted district that is permitted by a conditional use permit.

(2) Kennel (small pets).

(3) Tire re-capping or retreading.

(4) Electroplating.

(5) High impact telecommunication tower (as defined in Chapter 157).

(C) Height regulations. No building hereafter erected or structurally altered shall exceed six stories or 75 feet in height.

(D) Area regulations. As per Table 21-A.

(E) Intensity of use. There are no minimum lot area or lot width requirements.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Signage. As per Chapter 151.

(H) Screening requirements. As per § 155.050.

(I) Building facade. As per § 155.040.

(J) Landscaping requirements. As per § 155.051.

(Ord. 2001-36, passed 11-13-01)

§ 155.033 M-1 LIGHT MANUFACTURING DISTRICT.

(A) Permitted uses.

(1) Any use permitted in the B-5 District that is permitted by right.

(2) Wood, paper, plastic container manufacture.

(3) Stone monument works.

(4) Foundry, forge plant, rolling mill, metal fabrication plant.

(5) Feed mill.

(6) Planing mill.

(7) Railroad yard, roundhouse, shop.

(8) Textile or garment manufacture.

(9) Automobile and equipment manufacture.

(10) Electrical equipment or appliance manufacture (large).

(11) Furniture, cabinet, kitchen equipment manufacture.

(12) Oil well tools, oil well equipment manufacture.

(13) Aircraft, aircraft hardware, or parts manufacture.

(14) Wholesale beer and malt liquor ware-housing (in wet areas only).

(B) Conditional uses.

(1) Any use permitted in a more restricted district that is permitted by a conditional use permit.

(2) Paper products manufacture.

(3) Petroleum products wholesale storage.

(4) Processing of chemicals or mineral extractions, not elsewhere classified

(5) Food processing.

(6) Petroleum or chemical products manufacture (indoors).

(7) Sewage treatment plant.

(D) Area regulations. As per Table 21-A.

(E) Intensity of use. There are no minimum lot area or lot width requirements.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Signage. As per Chapter 151.

(H) Screening and buffering. As per § 155.050.

(I) Landscaping requirements. As per § 155.051.

(Ord. 2001-36, passed 11-13-01)

§ 155.034 M-2 HEAVY MANUFACTURING DISTRICT.

(A) Permitted uses.

(1) Any use permitted in the M-1 District that is permitted by right.

(2) Grain elevator.

(3) Clay products manufacture.

(4) Cotton or cottonseed processing or storage.

(5) Distillation of bones.

(6) Boiler works.

(7) Salvage or reclamation of products (outside).

(8) Stone, sand, gravel or mineral extraction.

(9) Junk yards or automobile wrecking yards.

(10) Any building or premises which may be used for any purpose not now or hereafter prohibited by any provision of law; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; and provided further that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the City Council following a recommendation by the Planning and Zoning Commission. The Council shall consider the application and request the advice and recommendation of the Fire Marshal and the Director of Public Health or other person discharging the duties of health officer of the city. If the Council finds that the location desired and the use requested will not be dangerous to the health, safety and public welfare of the city in general and its residents in particular, it shall approve the application. If, on the other hand, the Council finds that the location desired and the use requested will gravely endanger the safety of the city or its residents by reason of fire or explosion or that the use desired at such location will seriously affect the health, welfare and comfort of the city and the surrounding neighborhood by reason of the emission of foul, offensive odors and gases or the discharge of smoke or dust, it may deny the application for approval of the use at that location.

(B) Conditional uses.

(1) Any use permitted in a more restricted district that is permitted by a conditional use permit.

(2) Yeast plant.

(3) Petroleum or chemical products bulk storage.

(4) Galvanizing, hot-dip metal process.

(5) Cement or lime manufacture.

(6) Paper manufacture.

(7) Poultry raising or processing.

(8) Stockyards, feed pens, livestock sales with barns and/or shipping facilities.

(9) Slaughter of animals or meat packing.

(10) Fertilizer manufacture.

(11) Fat rendering.

(12) Garbage, offal or dead animal incineration, reduction or dumping.

(13) Petroleum refinery.

(14) Wholesale storage of gasoline or other petroleum products in carload lots or more above ground.

(15) Fireworks and ammunition manufacture or storage.

(D) Area regulations. As per Table 21-A.

(E) Intensity of use. Same as in M-1 District.

(F) Parking regulations. As per §§ 155.061 through 155.068.

(G) Signage. As per Chapter 151.

(H) Screening and buffering. As per § 155.050.

(I) Landscaping requirements. As per § 155.051.

(Ord. 2001-36, passed 11-13-01)

§ 155.035 T DISTRICT.

(A) Definition. The T District shall be for the sale of alcoholic beverages to include beer and wine for on premises consumption. The following requirement shall apply to the T zoning: T zoning shall be for the sale of alcoholic beverages to include beer and wine for on-premises consumption or for any use permitted in the B zoning of that property. Any premises zoned T shall comply with the Texas Alcoholic Beverage Code and the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, all of which are adopted hereby and made a part hereof as if fully set out herein.

(B) Use regulations. A building or premises in this zoning district shall be used for the purpose as in division (A) above and the following:

(1) General regulations. All areas zoned T shall be described by metes and bounds and shall be restricted to indoor areas, unless in the application a request is made for outdoor area zoning. Outdoor areas zoned T shall:

(a) Be enclosed by a fence or wall six feet in height.

(b) Be lighted when in use. Lighting shall be sufficient to illuminate the area in use but shall not be less than 100 watts of light for every 500 square feet.

(2) Location. No request for T zoning may be submitted under this chapter unless the property is located in a B-4 or B-5 zoned district.

(3) Height regulations. To any legal height not prohibited by other laws, codes, or ordinances.

(4) Yard regulations.

(a) Front yard. There shall be a front yard having a minimum depth of 25 feet. No storage or similar use shall be allowed in required front yard; automobile parking will be permitted in such yards in accordance with off street parking requirements.

(b) Side yard. No side yards are required except that on a corner lot, the side yard on a street shall be 25 feet. A lot abutting an R District shall have a side yard of not less than 25 feet.

(c) Rear yard. A rear yard is not required except when it abuts upon an R District in which case there shall be a rear yard of not less than 25 feet.

(5) Intensity of use. There are no minimum lot areas or lot width requirements, except that all parking regulations as prescribed herein shall be followed

(6) Parking regulations. As per §§ 155.061 through 155.068.

(7) Signs. As per Chapter 151.

(Ord. 2001-36, passed 11-13-01)

§ 155.036 PD -PLANNED DEVELOPMENT DISTRICT.

(A) Purpose and definition. The Planned Development District accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A Planned Development District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to insure against misuse of increased flexibility.

(B) Permitted uses. Any use or combination of uses authorized by the Planning and Zoning Commission and City Council is permitted in a Planned Development District if the use is consistent with the following categories:

(1) Planned Development - Residential (PD-R). All uses permitted in the residential zoning districts are permitted in a PD-R development.

(2) Planned Development - Business (PD-B). All uses permitted in the B-1 through B-5 zoning districts (except sexually-oriented businesses) are permitted in a PD-B development. Alcoholic beverages sale and service are allowed in the wet area only, subject to applicable regulations. This zoning may also be referred to as Planned Development - Commercial (PD-C).

(3) Planned Development - Industrial (PD-I). All uses permitted in the M-1 and M-2 zoning district are permitted in a PD-I development.

(4) Planning Development - Mixed Use (PD-M). All uses permitted in all zoning districts (except sexually-oriented businesses) are permitted in a PD-M development. Alcoholic beverages sales and service are allowed in the wet area only.

(5) Planned Development - Knight's Way Overlay (PD-K). All uses permitted in the B-1 through B-5 zoning districts (except a sexually oriented business use, and the Tavern Overlay district use) that are also in agreement with the adopted land use plan are permitted in a PD-K development. Restaurants with alcoholic beverages sale and service are allowed in the wet area only, subject to applicable regulations.

(1) Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in the subdivision and zoning requirements of the most restrictive zoning district in which designated uses are permitted.

(2) The minimum acreage for a planned development shall be five acres.

(3) Open space landscaped buffers and/or screening shall be required to separate land uses within the planned development from land uses adjacent to the planned development. No structure, parking lot, equipment pad, or other man-made construction not approved by the city shall be placed in an open space buffer. The size and location of these buffers shall be determined by the City Council, upon receiving the Planning and Zoning Commission’s recommendations after review of the development plan for the proposed development. The minimum size of an open space buffer shall be 25 feet, measured from the exterior property line. Screening and/or landscaping may be required within the buffer, based on the location of existing development, the type of development, topography, or other criteria established by the City Council.

(4) Where structures within the planned development that exceed 35 feet in height are proposed to be erected on lots adjacent to R-1 and R-2 zoning districts, such structures shall be located one foot from the boundary of the open space buffer for each two feet of height over 35 feet.

(5) Planned developments designated as PD-B, PD-I, PD-M, PD-K are prohibited on local and minor streets.

(6) An owners’ association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service and parking areas, common open spaces, and common recreational areas at the time the development plan is submitted. If an owners’ association is required, the articles for incorporation of an owners’ association shall be reviewed by the city to assure compliance with the provisions this section.

(7) Planned developments designated as PD-K shall be:

(a) A minimum of 3 acres;

(b) Located within the Knight's Way Corridor as defined in § 155.041;

(d) In addition to meeting the requirements in § 155.041 shall provide the following public enhancements:

1. A minimum of 10 foot wide public sidewalks;

2. A minimum 4,000 square feet of outdoor public patio area;

3. A minimum 4,900 square feet of outdoor public viewing/event area;

4. A minimum 192 square feet of an outdoor stage; and

5. Connectivity via a public access path and easement to a public area (i.e, public park, hike and bike trail, complementary business, and the like).

(D) Requests for PD approval. Requests for a PD designation shall be processed as a rezoning request unless otherwise specified in this section. A development plan for the proposed planned development shall be filed with the Director of Planning and Development showing the location of the planned development and the relationship of the various land uses included in the development.

(1) The form and content of the site development plan shall consist of a site plan showing the proposed land uses, landscaping, parking, height of buildings, driveways, screening, setbacks, project phasing, and other items that may be required by the Planning and Development Director.

(2) Preliminary and final plats for the development shall be prepared in accordance with the provisions of Chapter 154, with any modifications to the development plan approved by the City Council and Planning and Zoning Commission.

(E) Review of request. Each proposed development shall be reviewed to determine the compatibility of the development with surrounding land uses. No planned development should be approved if it is found that the proposed development:

(1) Adversely impacts existing or permitted uses on abutting sites that cannot be mitigated;

(2) Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use, and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;

(3) Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts; or

(4) Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or type of signs.

(F) Administration. All planned development districts approved in accordance with the provisions of this section shall be referenced on the zoning map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in the Table of Special Ordinances. An ordinance granting a PD District shall include a statement as to the purpose and intent of the planned development granted therein.

(G) Developer's responsibilities following approval.

(1) A PD designation shall be deemed nullified, and the property shall automatically revert to its previous zoning designation, if development does not commence within 12 months of the date of City Council approval.

(2) The granting of a PD designation shall not relieve the developer from responsibility for complying with all other applicable codes and ordinances of the city except to the extent expressly specified in the approved development plan.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2013-19, passed 8-13-13; Am. Ord. 2022-62, passed 11-8-22)

§ 155.039 SETBACK REQUIRED (TABLE 21-A).

Table 21-A: Setback Requirements (Minimum)
District	Front	Side	Rear
R-1 One Family Dwelling District	20 feet except for front-entry garages and carports which shall be 25 feet*	6 feet except lots platted 50 feet wide shall have 5 feet setbacks 15 feet adjacent to a side street 20 feet for garages on a side street	20 feet
R1-R Rural One Family Dwelling District	40 feet* 25-feet-around cul-de-sacs	10 feet 25 feet adjacent to a side street	25 feet
R1-A Single Family Garden Home Residential District	20 feet* or 15-feet-around cul-de-sacs	See §155.022	20 feet
R-2 Two Family Dwelling District	25 feet*	10 feet 15 feet adjacent to a side street	20 feet
R-MU Mixed Residential	Same as corresponding Zoning District*
R-3 Multi-family Dwelling District	25 feet*	10 feet 15 feet adjacent to a side street	20 feet
R-MH	35 feet between each home in the park*
R-1M Manufactured Single-family Dwelling District	25 feet*	6 feet	20 feet
RT Townhouse Single-family Dwelling District	25 feet*	10 feet 15 feet adjacent to a side street	10 feet, but no closer than 25 feet to any rear lot line of any R-1 zoned property.
B-1 Office District	25 feet*	No side yard required, except 20 feet adjacent to a side street and 10 feet on side of lot adjoining an R District***	No rear yard required, except 10 feet on rear of lot adjoining an R District
B-2 Neighborhood Retail District	25 feet*	No side yard required, except 20 feet adjacent to a side street and 10 feet on side of lot adjoining an R District	No rear yard required, except 10 feet on rear of lot adjoining an R District
B-3 Local Business District	25 feet*	No side yard required, except 20 feet adjacent to a side street and 10 feet on side of lot adjoining an R District	No rear yard required, except 10 feet on rear of lot adjoining an R District
B-4 Secondary & Highway Business District	25 feet*	No side yard required, except 20 feet adjacent to a side street and 10 feet on side of lot adjoining an R District	No rear yard required, except 10 feet on rear of lot adjoining an R District
B-5 General Business District	25 feet*	No side yard required, except 20 feet adjacent to a side street and 10 feet on side of lot adjoining an R District	No rear yard required, except 10 feet on rear of lot adjoining an R District
M-1 Light Manufacturing District	25 feet**	No side yard required, except 25 feet adjacent to a side street and 25 feet on side of lot adjoining an R District	No rear yard required, except 10 feet on rear of lot adjoining an R District***
M-2 Heavy Manufacturing District	25 feet**	No side yard required, except 25 feet adjacent to a side street and 50 feet on side of lot adjoining an R District***	No rear yard required, except 10 feet on rear of lot adjoining an R District***
Overlay zoning	As is in underlying district	As is in underlying district	As is in underlying district
* No open storage is allowed in front yards except for firewood (18 inches above ground) and gardening materials
** No parking, storage or similar use is allowed
*** No parking, storage, or similar use allowed within 25 feet of property line where adjoining an R or B District

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2011-08, passed 4-19-11)

§ 155.040 ADDITIONAL USE, HEIGHT, AREA, AND LIGHTING REGULATIONS; EXCEPTIONS.

(A) Use regulations.

(1) Accessory buildings and metal exteriors.

(a) Buildings with metal exteriors are prohibited within all residential districts, with the exception of small accessory structures meeting the requirements of § 155.020; government-owned structures, facilities and uses; mobile and manufactured homes where permitted for residential purposes (not for storage); and temporary structures for uses incidental to construction work on the premises, provided the structures are in compliance with an approved temporary use permit.

(b) Noncommercial greenhouses may exceed the size limits established in this subdivision with the approval of the Planning and Development Director.

(c) No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.

(2) Facades.

(a) Exterior walls of buildings used for commerce/office use shall be of architectural block, brick, stone, hardiboard, concrete masonry units and/or architectural glass (less than 25% reflectance). Tilt-up concrete construction are permitted, provided the exterior surface (except windows and doors, and the like) is textured or covered with brick, stone, or material fabricated to simulate brick or stone. Stucco and EIFS (Exterior Installation Finished System) are permitted when a minimum of three feet above the slab level is of stone, brick, and/or split-face cinder block. Smooth concrete block, prefabricated corrugated-ribbed metallic panels, exposed aggregate, reflective glass (greater than 75% reflectance), roof shingles, aluminum, plastic and/or wood siding are prohibited. Temporary structures for uses incidental to construction work on the premises are not required to abide by the facade regulations.

(b) Exterior walls should be articulated to reduce the massive scale and the uniform, impersonal appearance of large buildings and provide visual interest.

(c) Standards. Architectural features on exterior walls shall address the visual impact of long uninterrupted walls by providing a minimum of three of the following elements (No uninterrupted length of any facade shall exceed 60 feet):

1. Variation in color and materials;

2. a. For walls between 60 feet and up to 100 feet in length wall plane projections or recesses having a depth of at least one foot and extending at least 1-1/2 feet of the length of the facade between projections and recesses;

b. For walls between 100 and up to 200 feet in length wall plane projections or recesses having a depth of at least two feet and extending at least three feet of the length of the facade between projections and recesses;

c. For walls greater than 200 feet in length wall plane projections or recesses having a depth of at least three feet and extending at least five feet of the length of the facade between projections and recesses.

3. Variation of a minimum of two feet in height of parapets. Variation to parapet height may include pilasters and projecting raised entrance features;

4. Pilasters projecting from the plane of the wall by a minimum of 16 inches;

5. Canopies projecting a minimum of six feet from the plane of the primary facade walls; and

6. Repetitive ornamentation including decorated applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of 60 feet.

7. Banding should be complimentary to scale with the building (approved by the Planning and Development Director).

(d) The Director of Planning and Development may grant administrative approval to use materials not listed when the intent of the regulations is met, or when special situations arise regarding the rear of buildings.

(3) Railroad rights of way. On all existing rights of way of railroad companies, regardless of the zoning district in which such rights of way are located, railroad trackage and accessories to railroad movement may be constructed or maintained.

(B) Height regulations:

(1) Public, semi-public or public service building, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet additional height above the height limit otherwise provided in the district in which the building is located.

(2) Unless authorized by a valid conditional use permit, the heights of chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, flour mills, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spiral church steeples, radio or television towers, necessary mechanical appurtenances, and other structures shall not exceed the maximum height, if any, established for buildings in the district in which such structures will be located.

(3) For purposes of this section, the word HEIGHT shall mean and refer to the elevation or the highest or uppermost point of the structure above ground level.

(1) In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two rooms deep from front to rear.

(2) No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the rear yard and except the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features which may project into such yards a distance of not more than two feet.

(3) Open, unenclosed porches, platforms, and landing places not covered by roof or canopy may extend or project into the front yard for a distance not exceeding six feet.

(4) Uncovered terraces, porches, platforms, and patios which do not extend more than three feet above the floor level of the ground (first) story may project into a required side yard, provided these projections be distant at least two feet from the adjacent side lot lines.

(5) Front yard.

(a) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than therein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.

(b) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as described above, then:

1. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides; or

2. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

3. In determining such front yard depth, buildings located entirely on the rear one-half of a lot shall not be counted.

(c) On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure, or any plant growth shall be permitted or maintained higher than two feet above the curb level within 15 feet of the intersection of the property lines.

(6) Side yards.

(a) The minimum width of a side yard of a corner lot in the R-1 and R-2 Districts shall be not less than 15 feet; however, if the street side line of a corner lot is in the same block frontage with a lot or lots whose street line is a front of such lot or lots, the side yard shall be 25 feet from the property line.

(b) A side yard of not less than 25 feet on the side of the lot adjoining an R-1 or R District shall be provided for all schools, libraries, churches, community houses, clubs, and other public or semi-public buildings hereafter erected or structurally altered.

(c) Garages detached or attached to the main use building entering on the side street of a corner lot shall maintain a side yard of 20 feet in the front of the garage.

(7) Rear yard.

(a) In computing the depth of a rear yard where such yard opens into an alley, one-half of the width of such alley may be assumed to be a portion of the required yard.

(8) Multiple adjacent lots owned by same owner(s). A side or rear property line of an unimproved adjacent lot may be encroached upon by a primary structure or accessory structure, if the lots are owned by the same owner(s) and a primary structure exists or is being constructed on one lot. The two platted lots will be considered as one lot, with all the rights and restrictions/regulations that govern a single platted lot. No building permits will be issued for construction of a primary building on the encroached upon lot unless it is replatted to meet the minimum requirements.

(D) Lighting regulations.

(1) Any person wishing to install or use exterior lighting for non-residential and multi-family uses shall first request a site plan review and obtain approval for such lighting, unless waived by the Building Official. The site plan shall fully comply with the general regulations of this section and shall specify the location, height and type of all exterior lighting.

(2) The height of luminaries, except streetlights in public rights-of-way, shall not exceed 32 feet.

(3) Light trespass is found to be a nuisance and declared to be unlawful. All exterior lighting in all zoning districts shall be shielded or oriented in a manner that ensures that all illumination is contained on the source property. All exterior lighting shall be directed away from adjoining streets and residential properties in such a manner that the light emission shall not cause light trespass or objectionable glare observable from adjoining streets and other properties.

(4) Exterior lighting situated in such a manner as to be mistaken for traffic signals or presenting any hazard to safe driving is prohibited.

(5) Externally lit signs, display, building and aesthetic lighting shall be lit from the top and shine downward. Such lighting shall be shielded to prevent light trespass or the creation of a driving hazard. However, up-lighting of signs is permitted, provided that the light does not create light trespass or a hazard to safe driving.

(6) Up-lighting is prohibited, except:

(a) Up-lighting may be installed adjacent to flagpoles to illuminate a flag if the lighting is installed and directed in such a manner that the illumination is targeted directly at the flag and does not otherwise cause a light trespass or a driving hazard.

(b) Up-lighting of sculptures, buildings and landscape features for ornamental purposes that enhance the character of the area is permitted provided that the lighting does not create light trespass or a hazard to safe driving.

(c) Up-lighting of signs is permitted, provided that the light does not create light trespass or a hazard to safe driving.

(7) Canopy lighting shall be fully shielded or recessed so that the lenses of the lights are flush with the bottom surface of the canopy.

(8) This section shall not apply to the following types of lighting if the use thereof is approved in writing by the Building Official:

(a) Unshielded lighting may be used if it can be shown that the luminary will not cause a light trespass or a driving hazard.

(b) Lighting for special activities where the lighting need is temporary rather than lighting utilized continuously.

(9) This section shall not apply to:

(a) Lighting used by governmental or public safety personnel in the performance of their official duties.

(b) Holiday, traditional, or seasonal lighting may be used for a period not exceeding 40 days per year, provided the lighting does not create light trespass or a hazard to safe driving conditions.

(Ord. 2001-36, passed 11-13-01; Am. Ord. 2004-06, passed 3-9-04; Am. Ord. 2004-27, passed 8-10-04; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2008-17, passed 6-10-08; Am. Ord. 2010-32, passed 10-12-10)

§ 155.041 KNIGHT’S WAY CORRIDOR.

The Development District No. 1 - The Knight’s Way Corridor - Design Goals, Guidelines, and Standards Manual is hereby adopted by reference as though fully copied herein, and shall apply to all property fronting Knight’s Way (FM 2410) from the intersection at U.S. Highway 190 to the eastern city limits.

(Ord. 2013-36, passed 12-10-13)

Harker Heights City Zoning Code

DISTRICT REGULATIONS

§ 155.020 R-1 ONE FAMILY DWELLING DISTRICT.

(A) Permitted uses. The following uses are permitted by right:

(1) Site-built, single-family dwellings and industrialized housing.

(2) Church or other place of worship.

(4) Customary home occupations as defined in § 155.003.

(5) Accessory structure.

(a) One small accessory building (not exceeding 144 square feet) per residence customarily incident to the above uses (not involving the conduct of a business) subject to the following requirements:

1. Structure must be built upon a moveable foundation;

2. Structure cannot exceed 12 feet in height;

3. Structure must set behind the rear facade of the main residence building and must be setback five feet from the rear property line and six feet from the side property line; and

4. Materials, building design, and construction must comply with the requirements of Ch. 150.

(b) Large accessory buildings customarily incident to the above uses (not involving the conduct of a business) subject to the following requirements:

1. Building materials and facade must be consistent with the main residence building materials and facade;

2. Large accessory building must be behind the front facade of the main residence;

3. The height of the large accessory building cannot exceed that of the main residence building;

4. Number, size, setbacks and height requirements based on the size of the lot as follows:

Lot Size	Number of Large Accessory Structures Allowed	Maximum Aggregate Size of All Accessory Structures	Setbacks	Maximum Height
< 10,000 square feet	1	250 square feet	Front: 25 feet Side: 6 feet Rear: 10 feet	15 feet
> 10,000 square feet < .5 acre	1	500 square feet	Front: 25 feet Side: 6 feet Rear: 10 feet	15 feet
> .5 acre < 1 acre	2	1,000 square feet	Front: 25 feet Side: 6 feet Rear: 20 feet	24 feet
> 1 acre	4	1,500 square feet	Front: 25 feet Side: 6 feet Rear: 20 feet	24 feet