Horizon City City Zoning Code
CHAPTER 8
GENERAL PROVISIONS
§ 801 Walk Standards.
801.1
General
801.1.1
All residential dwellings except in R-MH and R-GV [R-PD] shall have concrete walkways five (5') feet wide across the front of the lot in the street right-of-way abutting the lot unless parkway dimensions demand the width be four [feet] (4').
801.1.2
Corner lots shall also have five (5') foot walks on the side street constructed in the street right-of-way.
801.1.3
Any lot which has rear property line adjoining a street shall have a five (5') foot wide concrete walk constructed across the rear property line in the street right-of-way abutting the lot.
801.1.4
Cul-de-sac lots have the width of the walk determined by distance between the lot front property line and the inside of the street curb if that distance is less than five (5') feet.
801.1.5
All sidewalks shall run from property line to property line. All sidewalks at intersections shall be accessible to the handicapped.
(Ordinance 0102 adopted 1/14/03)
§ 802 Wall Standards.
802.1
General
No fence or wall shall be erected, placed or altered on any lot unless specifically approved as to location, height, and materials by the Building Official and a permit obtained.
802.2
Regulations
802.2.1
A.
All residential dwellings shall have rear and side walls on the property lines between the rear wall and the rear portion of the dwelling made of rock and mortar only, with a minimum height of four feet (4') and a maximum height of six feet (6') in height from finished grade. An extension of two feet (2') to a maximum height of eight feet (8') will be allowed with written consent of all abutting property owners. The extension shall be constructed of rock and mortar, wood, chain-link fencing, wrought iron or commercially available pre-fabricated fencing. Provided however, if the dwelling has a fence on the side property line under section 802.2.1 constructed of a material other than rock and mortar that was installed by or on behalf of any owner of the property, the same material used in the side property line fence, or a material of the same or similar color and appearance, shall be used for the extension.
B.
A residential dwelling that has an approved driveway that provides access from the rear yard of the lot to an alley may have an opening left in the wall that abuts the alley to accommodate the approved driveway. A gate constructed of wood, chain link fencing, wrought iron or commercially available pre-fabricated fencing may be installed at such opening provided that the gate does not exceed the height of the abutting walls, is installed completely on the owner’s property, and such gate does not encroach onto the alley or open outward into the alley. Provided however, if the dwelling has an extension to the abutting wall, either wrought iron or the same material used in the extension, or a material of the same or similar color and appearance, shall be used for the gate.
C.
All residential dwellings may have fences on the side property lines located between the front and rear portion of the dwelling. The maximum height allowed for such fences is the height of the abutting rear yard wall or six feet (6') in height from finished grade, whichever is less, provided however, if the property has an extension to an abutting rear yard wall, the height for the fence abutting such rear wall may be the same, not to exceed eight feet (8'). Provided further however, such fences may not be more than thirty-six inches (36") high within twenty feet of a street intersection or where visibility of vehicle or pedestrian traffic might be impeded if they are constructed of materials other than chain-link fencing or wrought iron. Such fences may be constructed of rock and mortar, wood, chain-link fencing, wrought iron or commercially-available pre-fabricated fencing. Provided however, if the property has an extension to a rear yard rock and mortar wall that was installed by or on behalf of any owner of the property, such fences shall be constructed of the same material used in the extension, or a material of the same or similar color and appearance, or a combination of rock and mortar and the material used in the extension, or a material of the same or similar color and appearance.
D.
All residential dwellings may have fences and gates between the dwelling and a side wall, positioned at or behind the front of the structure. The maximum height allowed for such fence and gates is the height of the abutting side or rear yard wall or six feet (6'), whichever is less, provided however, if the property has an extension to an abutting rear or side yard wall, the height for a fence and gate abutting such rear or side wall may be the same, not to exceed eight feet (8'). Such fences may be constructed of rock and mortar, wood, chain-link fencing, wrought iron or commercially-available pre-fabricated fencing, provided however, the fences shall be constructed of the same materials contained in a rear yard fence extension if one exists that was installed by or on behalf of any owner of the property, or a material of the same or similar color and appearance, unless rock and mortar is used. Gates may be constructed of wood, chain-link fencing, wrought iron or commercially-available pre-fabricated fencing. Provided however, the materials used for the gates shall be the same as that of the abutting fence or fence extension of a rear yard fence if one exists that was installed by or on behalf of any owner of the property, or a material of the same or similar color and appearance, unless the extension is constructed of rock and mortar or wrought iron is selected for use in the gates.
802.2.2
Lots whose rear property line abut a street must erect a rock and mortar wall with a minimum height of six feet (6') from finished grade on street right-of-way side of property line. Such lots and lots whose rear property line abut a right-of-way or other designed open space area designed for use by pedestrians, may install a gate constructed of wood, chain-link fencing, wrought iron or commercially available pre-fabricated fencing in the wall, provided that the gate does not exceed the height of the abutting walls and does not exceed forty-eight (48) inches in width, is installed completely on the owner’s property, and such gate does not encroach onto the right-of-way or open outward. Provided however, if the dwelling has an extension to the abutting wall, either wrought iron or the same material used in the extension, or a material of the same or similar color and appearance, shall be used for the gate.
802.2.3
Rear walls on golf course lots shall be of rock and mortar two feet (2') high with one foot (1') square rock pillars constructed on the wall every ten feet (10') with rails of wrought iron set between the pillars. The maximum height of the wrought iron sections shall be six feet (6') in height from finished grade. The height of the rock pillars may match the height of the wrought iron. The rear wall height shall comply with Subsection 807.1.O when applicable. The Building Official may allow the location of one or more pillars to be adjusted for the wall to correctly fit the property dimensions.
802.2.4
Residential dwellings may have rock and mortar walls on the side property lines located between the front portion of the dwelling and the front property line. Such walls may be no more than thirty inches (30") in height from the finished grade.
802.2.5
Front fencing of wrought iron is allowed to a height of six feet (6'). If wrought iron is placed on top of a front rock wall or used as rails between pillars of rock and mortar or finished masonry, the rock or finished masonry wall portion of the wall shall be subject to Section 802.2.4 height restrictions. Additionally a wrought iron fence or any combination of wrought iron and rock or finished masonry wall shall not exceed the height of six feet (6') from the finished grade. If pillars of rock and mortar or finished masonry are constructed as part of the wall, the pillars shall be constructed no closer than three feet (3') apart and no further than ten feet (10') apart. Finished masonry that is composed in whole or in part of concrete or a similar product, excluding mortar, must have a finished surface such as tinted or painted stucco, have a veneer that mimics a natural masonry product such as brick, or have an incorporated raised surface design and be tinted with an earthen color.
802.2.6
Any gate in a fence constructed across the front of the property must be of wrought iron, not to exceed the height of the abutting fence and be installed completely on the owner’s property, and it may not encroach into the right-of-way, obstruct passage along a sidewalk or right-of-way, or open outward.
802.2.7
Fences and walls shall be maintained in good repair and shall be kept vertical, uniform and structurally sound. In addition to the other authority granted for the enforcement of this Ordinance, any rock and mortar wall or fence deemed by the Building Official to be in enough disrepair to cause a safety hazard shall be required to be repaired or replaced at the expense of the property owner or the adjoining property owners if the wall is placed on the common property line.
802.2.8
The painting of the rock or the mortar in a rock and mortar wall is prohibited. The application of stucco or other similar coating to cover the rock or the mortar is prohibited. All rock and mortar walls shall further comply with the rock wall standards as contained in the Horizon City Subdivision Ordinance design standards.
802.2.9
The term wrought-iron, as used in this section, shall include wrought-iron as well as metal products designed and constructed to mimic the appearance of wrought-iron.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-026 adopted 5/26/09; Ordinance 0102-031 adopted 4/8/14; Ordinance 0102-032 adopted 2/24/15; Ordinance 0102-034 adopted 8/11/20)
§ 803 Architectural Standards.
803.1
General
In order to provide for architectural harmony and the appearance of a well-planned subdivision, action should be taken to provide a mix of floor plans and elevations so as to avoid the appearance of repetitious development or row-housing. No two homes of the same plan and exterior shall be built on the same side of the street within three lots of each other. All single-family dwellings shall have a covered patio within the front or rear yard setback requirements.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-032 adopted 2/24/15)
§ 804 Parking.
804.1
Off-Street Parking and Loading Standards
804.1.1
The following minimum number of off-street parking spaces is required in the commercially zoned districts or any other districts in which the listed uses are permitted:
A.
Neighborhood and Community Buildings: One space per 250 Sq. Ft. of net leasable area (NLA).
B.
Libraries or Museums: One space per 250 Sq. Ft. of NLA.
C.
Churches: One space per every 4 seats.
D.
Day Care Facilities: Two spaces plus one space per each 10 children.
E.
Public Building (other than school): One space per 250 Sq. Ft. of NLA.
F.
Elementary and Junior High Schools: One space per classroom, workshop, laboratory, or office plus one space per 200 Sq. Ft. of auditorium, gym, and cafeteria.
G.
High Schools: Same as Elementary and Junior High Schools, except four spaces per classroom, workshop, laboratory or office plus four spaces per 200 Sq. Ft. of auditorium, gym, and cafeteria.
H.
Recreational and Entertainment:
1.
Theater: One space per three seats;
2.
Bowling Alley: Five spaces per lane;
3.
Athletic Field and enclosed Recreational Building: As determined by the Horizon City Planning and Zoning Commission;
I.
Stadiums and Grandstands: One space per four seats or [of] spectator space;
J.
Medical Offices: One space per 200 Sq. Ft. of NLA;
K.
Nursing/Convalescent Homes: One space per each two beds;
L.
Hospitals, Medical Centers, Treatment Facilities: One space per each two beds plus one space per 350 Sq. Ft. of NLA of administrative, laboratory, research, testing, office and one space per each four seats of teaching area;
M.
Commercial General: One space per each 200 Sq. Ft. NLA for the following facilities:
1.
Art Galleries
2.
Service Stations for Automobiles
3.
Barber/Beauty Shops
4.
Standard Retail Sales
5.
Funeral Parlors
6.
Opticians
7.
Restaurants
8.
Alcoholic Beverage Stores
9.
Electronic Service Shops
10.
Private School of Instruction (e.g. karate)
11.
Health Clubs
12.
Post Offices
N.
Commercial Specific:
1.
Offices: One space per 350 Sq. Ft. NLA;
2.
Neighborhood Grocery: One space per 400 Sq. Ft. NLA;
3.
Hotel/Motel: One space per rental unit;
4.
Auto Sales: One space per 200 Sq. Ft. building area less area for display;
5.
Eating and Drinking Establishment: One space per 50 Sq. Ft. serving area;
6.
Drive-in Eating/Drinking Establishment: One space per 30 Sq. Ft. with 10 space minimum;
7.
Drive-in Banks: One space per 350 Sq. Ft. NLA plus one space per 30 Sq. Ft. drive-in teller space;
8.
Shopping Centers: Five spaces per 1000 Sq. Ft. NLA;
O.
Loading and Unloading Requirements:
1.
Loading area shall be paved in conformance with paved area standards;
2.
Space for loading and unloading shall be provided so that no vehicle being loaded or unloaded during normal operation shall stand or project into any public street, walkway, alleyway, or common egress-ingress easement;
3.
Loading facility area shall be separate and not considered to be part of required off-street parking.
804.1.2
Handicap Parking. Parking spaces for handicapped: The minimum number of designated spaces is as follows and shall be located as to provide the most convenient access to entryways or nearest curb cut:
Total Parking Spaces | Min. Designated Spaces |
|---|---|
0-14 | 1 |
15-25 | 1 |
26-35 | 2 |
36-50 | 3 |
51-100 | 4 |
101-300 | 8 |
301-500 | 12 |
501-800 | 16 |
801-1000 | 20 |
More than 1000 | 20 + 3 for additional 1000 |
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-032 adopted 2/24/15)
§ 805 Fencing.
805.1
Standards & Requirements for Fencing
Any new commercial/Industrial property that directly abuts a residential property from either property line is required to erect a screening fence of rock and mortar with a minimum height of six (6') feet from the highest point on either side of the property line. OPTION: A six (6') foot fence of rock and mortar with two (2') feet of chain link with slats.
This requirement may be waived by the Building Official when topographic conditions negate the visual screening effect of the fence.
805.1.1
A fence, approved by the Building Official with required permit, is permitted on all commercially zoned properties when conforming to the following standards:
A.
Front property line: maximum of five (5') feet above finish grade; consisting of a two (2') feet of a solid wall of rock and mortar; with a three (3') foot section of chain link or wrought iron or maximum height of five (5') feet of chain link or wrought iron. Exception: When storage of dilapidated vehicles or surplus inventory is required to be outside and in public view, the front fence must be a solid screening fence.
B.
Rear property line: minimum height of six (6') feet above finished grade.
C.
Side property line: minimum height of six (6') feet above finished grade.
D.
Corner lots or off-street multi-parking areas: The wall or fence shall be built in accordance to all applicable code requirements including those for visibility triangles, with a maximum height of two (2') feet above street curb level.
E.
Swimming pools: Minimum height of six (6') feet above finished grade.
F.
Barbed wire is not permitted unless above six (6') feet from finished grade.
G.
Painting of rock walls is not permitted.
H.
No fence shall be used as a building wall.
I.
Any fence also used as a retaining wall that is retaining in excess of two (2') feet of soil must be designed and stamped by a professional engineer in the State of Texas.
J.
No openings for vehicular or pedestrian ingress or egress shall be allowed unless specifically authorized and designated on the approved site plan.
All fences must be maintained free of graffiti at all times. |
Exceptions: Tennis Courts may have a maximum fence height of [sixteen] (16') feet provided they are located on side or rear property lines. |
(Ordinance 0102 adopted 1/14/03)
§ 806 Sightline Standards.
806.1
General
No fence, wall or planting which obstructs sightlines at elevation between two (2) and ten (10) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sightline limitations shall apply to a street property line that connects with the edge of a driveway or alley pavement. No tree or other shrub shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sightlines.
806.1.1
Height Requirements and Prohibited Sidewalk and Driveway Obstruction. No vegetation may encroach on any sidewalk. Tree branches must be pruned/cut eight (8) feet above sidewalk level. Vehicles, plant, vegetation or any other matter will not be permitted to block the passageway of any sidewalk or driveway area within the Town of Horizon City.
806.1.2
Height and Width Requirements and Prohibited Roadway Obstruction. Tree branches, shrubbery, vegetation or any other matter, protruding onto the roadway must be pruned/cut to no less than eight (8) feet, measured from roadway level. Tree and shrubbery branches must be eight (8) feet above roadway level if they extend out into the street more than five (5) feet from the curb. If tree and shrubbery branches extend beyond five (5) feet, they must be pruned/cut to no less than ten (10) feet, measured from roadway.
806.2
Existing Obstructions
Any walls or other permanent structures lawfully erected prior to the date of enactment of this ordinance will be deemed to have a legal, nonconforming status, and shall not be subject to compliance enforcement, except that such structures, if destroyed, shall not be rebuilt in violation of the sightline standards, nor shall any modifications of such legal, nonconforming structures be permitted that would increase the extent of nonconformity.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-010 adopted 7/12/05)
§ 807 Permitted Accessory Uses.
807.1
General
Note: Accessory uses listed below apply to all districts except Commercial Districts and Industrial District and except as noted in each listed use.
A.
All accessory uses except building-mounted, small satellite, and roof-mounted television or radio receiving antennas, require applicable permits.
B.
Construction of any structure or placement of any structure shall constitute agreement by the property owner to hold the City harmless from any claim or action resulting from such construction or placement.
C.
Residential-type television or radio receiving antenna, roof-mounted and not exceeding five (5) feet in height above the highest point on the roof.
D.
Federally licensed amateur and CB radio stations complying with FCC regulations. Installation of a radio tower or mast shall require a building permit. Evidence of a valid FCC amateur license for operation of an amateur facility shall be presented to the building official at the time of application for a building permit. No structure and/or appurtenances shall be constructed closer than five (5) feet from side and/or back wall. All tower and antenna construction shall be restricted to the area behind the main building. (See Appendix II [1] of Ordinance 0102 [this ordinance], Section B 2 and C 6, for additional regulation.) The combined height of the supporting structure, antennas and/or antenna may not exceed a height of fifty-five (55) feet in residential zoning districts or sixty-five (65) feet in all other zoning districts. Provided however, additional height for the supporting structure, antennas or antenna may in residential zoning districts, not to exceed sixty-five (65) feet, may be permitted by a Specific Use Permit in the manner provided in Section 406.1, upon meeting the following conditions:
1.
Showing that antenna effectiveness is not adequate at the allowable height;
2.
The structure is located on a lot that measures at least 5,500 square feet in size;
3.
The tower and antenna are at least ten (10) feet away from above-ground electric utility lines; and
4.
If recommended by the building official, the antenna must have breakpoint technology. The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses of at least five percent (5%) greater than any other point along the monopole, including the anchor bolts and base plat, so that, in the event of a weather-induced failure of the monopole, the failure will occur at the breakpoint rather than at the base plate or any other point on the monopole.
[1]
Editor’s Note: Appendix II is included as an attachment to this chapter.
E.
Signs as regulated in Ordinance No. 0091 [chapter 10 of these regulations].
F.
Off-street parking and loading space incidental to the property.
G.
Yard, garage, porch and patio sales for disposal of used household items provided such sales are not held more frequently than four times a year on the same lot, and are not conducted for more three (3) days and include items assembled only from households in the immediate neighborhood. All signs advertising such an event are subject to Ordinance No. 0091 [chapter 10 of these regulations].
H.
Residential Accessory Structures incidental to residential use meeting the definition set forth in this Ordinance, to include, but not be limited to, the following: garden house/greenhouse as a hobby, home workshop or tool shed, pool house or other accessory structure incidental to a pool, detached private garage, detached carport, detached porch, storage building, or pergola, canopy or gazebo, are permitted provided they additionally meet the following requirements. In no instance shall a residential accessory structure be used as a dwelling unit or be used for sleeping or other overnight occupancy.
1.
All accessory structures allowed by this subsection shall not exceed seventeen (17) feet in height from the finished floor elevation of the residential building, and must be located in a rear yard, or in a side yard if minimum required side setbacks are maintained. Condensing units for central air conditioning systems shall be no closer than three (3) feet to a lot line or wall/fence, if one exists.
2.
The structure shall be a minimum of five (5) feet from the main building, except that carports may be located in a side or side street yard in accordance Sections 812.3 and 812.4 and shall comply with the side and side street setback requirements. No rear yard setbacks shall be required when the structure is located in the rear yard provided that the structure has been constructed in compliance with the Technical Codes of the Town of Horizon City.
a.
Any residential accessory structure closer than five feet to a main building shall be considered as part of the main building, shall be located within the buildable area required for a main building, and shall be subject to all applicable restrictions and building requirements for the main building.
3.
The gross floor area of all combined detached residential accessory structures on a lot shall not exceed the more restrictive of the following, except that one building up to four hundred and fifty (450) square feet in size shall be permitted:
a.
Fifty percent of the gross floor area of the main building; or
b.
Forty percent of the area of the rear yard.
4.
No water runoff shall be allowed from roof that empties onto the rock wall or adjacent property.
5.
No windows shall be allowed in an accessory structure that faces neighboring properties on those portions of the structure that are within five feet from a property line. Accessory buildings that have windows facing public easements or public right-of-way will be allowed.
6.
A residential detached garage or other accessory structure may be connected to the main building by a breezeway or connected by a fence or wall up to six feet in height, provided that the breezeway shall not exceed an overall width of five feet and shall be a minimum of seventy-five percent open to the outside on both sides.
7.
Residential accessory buildings may be built concurrently with or after the construction of the main building and shall be used only as permitted by this Ordinance.
8.
Where a residential garage entrance, except those within a PUD zone, is from an alley, the structure must be located at least five feet from the property line.
9.
Permits are required for residential accessory structures in accordance with Section 103.1.F of this Ordinance.
I.
Building or residential mounted satellite-receiving dishes are allowed. No ground-mounted satellite dish shall be closer than three (3) feet to side or back rock wall, and will be placed only behind residential dwellings.
J.
Reserved
K.
Temporary building or structure, including mobile or re-locatable home office or storage unit, the uses of which are incidental to construction operations during development being conducted on the same tract or subdivision, or sales or rental office for an approved real estate development or subdivision, located on the same tract as the real estate development or subdivision, and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
L.
(Reserved)
M.
Landscaping of front yards of new residences, apartments, mobile homes and town homes in new neighborhoods shall be completed within one (1) year after the date construction is completed. New neighborhoods are considered those that have less than 80 percent of lots developed. All improved lots within the residential districts shall be landscaped in the front yard and on the side yard for those lots abutting a side street. Neighborhoods with 80 percent of lots developed will complete landscaping within 180 days of purchase. The landscaping used shall maintain either a desert motif or a natural turf. Any landscaping that involves the use of loose stones at or near the street shall secure and retain same by a border to prohibit these stones from entering the roadway. All landscaping must comply with Landscaping Ordinance No. 0082 [article 3.04 of the Municipal Code].
N.
Home occupations in compliance with this ordinance Section 901, Amendment No. 003.
O.
Above-Ground or In-Ground Swimming Pools, Spas or Hot tubs.
1.
All swimming pools must be built in a rear yard that has a minimum six (6) foot high fence. Gates to fenced yard must be lockable from inside and self-closing. If wrought iron or steel slats are used for gate material, slats must be no wider than four (4) inches apart. All gates must not clear finished grade by more than four (4) inches, and be six (6) feet tall from finished grade.
2.
No swimming pools may be built closer than five (5) feet to residential dwelling or closer than five (5) [feet] to rear or side property line.
3.
All spas and hot tubs must have a locking cover or be subject to swimming pool fencing requirements.
4.
Enclosed/covered pools must meet all setback and height requirements as listed in Ordinance 0102, subsections 807.1.J, and 807.1.L.
Editor’s note–Subsections 807.1.J and 807.1.L were repealed by Ordinance 0102-032 adopted 2/24/15.
5.
In addition to penalties listed under section 810 of this ordinance, the Town of Horizon City will bill homeowners when they are required to abate a health and safety issue by cleaning, draining, or securing a pool or spa/hot tub that has been neglected or abandoned by the homeowners, lessees, or renter. If a bill for services is not paid, a lien will be placed upon said property.
P.
Reserved
Q.
No accessory building not named in this section will be allowed.
R.
Permits and approvals.
1.
See Ordinance no. 0082 [article 3.04 of the Municipal Code] for landscaping permits.
2.
See Ordinance no. 0091 [chapter 10 of these regulations] for sign permits.
3.
See Section 901 of this Ordinance, amendment No. 003, for home occupation permits.
4.
See section 103 for all other permits.
S.
Penalties.
1.
See Section 810 of Ordinance No. 0102 [this ordinance].
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-009 adopted 4/13/04; Ordinance 0102-024 adopted 6/24/08; Ordinance 0102-028 adopted 3/9/10; Ordinance 0102-031 adopted 4/8/14; Ordinance 0102-032 adopted 2/24/15; Ordinance 0102-035 adopted 8/9/22)
§ 808 Prohibited Uses.
808.1
General
All other uses than permitted uses and permitted accessory uses are prohibited. The following uses are specifically prohibited:
A.
Storage visible from the street of dilapidated vehicles or equipment.
B.
Major repair of vehicles or equipment in a location visible from the street.
C.
The use of less than a lot as platted, whether with another platted or otherwise, as a lot upon which any size residential unit may be constructed. A lot shape or size may not be changed without a Replat of the entire subdivision.
(Ordinance 0102 adopted 1/14/03)
§ 809 Variances.
809.1
General
A variance from any provision in this ordinance may be requested from the City Building Inspection Department, and/or the Planning and Zoning Commission, which shall refer the request to the appropriate agency, namely, the Board of Adjustment for final action. For application procedures and fee structure see Ordinance No. 0022 [article 1.04, division 3 of the Municipal Code].
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-005 adopted 12/9/03)
§ 810 Penalty.
810.1
General
Any violation of this ordinance which shall be determined as having been intentionally, knowingly, recklessly, or done with criminal negligence shall be deemed a misdemeanor and can be punishable by a fine of not more than five hundred dollars ($500.00) as prescribed by law, and that any intentionally, knowingly, recklessly, or a criminal negligent violation of a zoning restriction can be punishable by a fine of not more than two thousand dollars ($2,000.00) as prescribed by law. Each violation may be deemed as separate violation and punished in accordance with the law and the aforementioned fines.
(Ordinance 0102 adopted 1/14/03)
§ 811 Drainage Ponds.
811.1
Drainage Ponds Required
Provisions for site drainage for construction within a platted subdivision shall be consistent with the approved grading and drainage plans of the subdivision, if such approved plans exist. Such plans may provide for the stormwater runoff to be discharged from a lot onto surrounding public streets or drainage rights-of-way or drainage easements. Absent circumstances that enable the discharge of stormwater off from a property, the City may require a ponding area or areas to be constructed to capture and retain stormwater within the property, and the City may impose this requirement as a condition of the issuance of a permit for building construction or other site development.
811.2
Ponding Area Development Standards
A.
Private drainage ponds, when required, shall be designed to provide sufficient capacity from the contributing drainage area equivalent of both the volume of stormwater generated by a one percent probability (100-year return frequency) storm event, and a ten-year accumulation of silt. In special circumstances, a lesser capacity may be authorized by the Horizon City Director of Public Works provided alternative means are provided to pass the design storm without causing injury, a hazard or a public nuisance. All calculations shall be made by a professional engineer registered to practice in the state of Texas, and shall be subject to review and approval by the City Engineer.
B.
Private drainage ponding areas shall adhere to the same standards applicable to publicly dedicated ponding areas, as described in the City’s Subdivision Ordinance, unless drainage ponding is provided within required yard space or as part of a vehicular parking area, and is positioned to be visible from public streets or areas frequented by patrons of the intended use. In those instances, the following criteria shall be imposed:
1.
Private drainage ponding areas accessible to the public shall not exceed a depth of ponded water greater than three feet.
2.
Private drainage ponding areas shall be landscaped with rock or plants or both in a manner that enhances the appearance of the property, and such landscape treatment shall be maintained by the property owner. The City prefers the use of native plant[s] or other drought-tolerant plants for all such landscaping.
3.
Irrespective of other criteria in this section, a six-foot high rock wall shall be provided on the property line whenever a private ponding area abuts a property line.
4.
The public shall be deemed to have easement rights for all private ponding areas. Access by the City to private ponding areas for the purpose of inspection and vector control shall in no way be impaired.
811.3
Maintenance Required
A.
Property owners shall be responsible for the maintenance of ponding areas not dedicated to the public. Failure of a property owner to properly maintain the drainage capacity, inflow structures, landscaping, or failure to remove accumulations of refuse or silt, may subject the property owner to enforcement activity.
B.
If, after notifying the property owner of his or her failure to satisfactorily maintain a private drainage ponding area and a lack of suitable response from the property owner, the City Council deems it necessary to undertake maintenance to protect the public health, safety and welfare, the City may directly undertake such maintenance activities as are needed, and shall place a lien against the property for such costs as may have been incurred in so doing.
(Ordinance 0102-008 adopted 2/10/04)
§ 812 Yards.
812.1
Yards, Generally
No building shall be permitted or constructed within the yard created by the setback regulations of this Ordinance, except as provided by the exceptions in this Section.
812.2
Front Yards
The front yard regulations may be modified as follows:
A.
Where a frontage is divided among districts with different front setback, the deepest setback requirement shall apply to the entire frontage.
B.
Gasoline, diesel and/or other fueling pumps and pump islands may occupy required yards; provided, however, that they are not less than twelve feet (12') from all lot lines. A freestanding canopy with support columns centered on the pump or pump island may be located within the required front yard; provided, that it shall not extend closer than twelve feet (12') from the front lot line.
C.
Freestanding Automated Teller Machines (ATMs), vending machines, reverse vending machines, shade structures and refuse container areas may be located within the front setback of any commercial or industrial lot, provided that the structure is not located closer than twelve feet (12') from the front property line.
D.
On a dwelling or apartment site, an unenclosed porch or entranceway patio with a wall up to six feet high, each not more than one hundred fifty (150) square feet in roof area, may extend not more than ten feet into a required front yard. Chimney backs, bay windows, eaves and cornices may extend not more than thirty (30) inches into the required front yard except that cornices and eaves of the main building may extend not more than four (4) feet into the front yard.
E.
On a single-family dwelling or multifamily unit a carport, over a twenty-four foot (24') wide maximum driveway, or a thirty foot (30') wide maximum driveway when permitted by section 3.06.188 of the Municipal Code, may extend not more than a length of fifteen feet (15') into a required front yard setback, measured to the edge of the roofline, for a maximum of four hundred fifty (450) square feet in size. The carport shall not exceed a height of fifteen feet (15') and must maintain setbacks from the side property lines that are the equal to the required side yard and side street yard setbacks. The carport is encouraged to resemble the main residential structure in scale and character. A maximum of one carport may be located on a property with a single-family dwelling and a maximum of one carport per multifamily unit shall be allowed.
F.
Chimney backs, bay windows, eaves and cornices may extend not more than thirty (30) inches into the required front yard except that cornices and eaves of the main building may extend not more than four (4) feet into the front yard.
812.3
Side and rear yards
Side and rear yards regulations may be modified as follows:
A.
Sills, eaves, belt courses, wing-walls at heights above six feet, window air-conditioning units, chimney backs, bay windows, cornices and ornamental features may project a distance not to exceed twenty-four inches into a required side yard, and thirty inches into a required rear yard.
B.
Open fire escapes, fireproof outside stairways and balconies opening from fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half feet when so placed as to not obstruct light and ventilation, may be approved by the Director of Public Works.
C.
Open, unenclosed porches when less than one hundred eighty feet in roof area may extend twelve feet into a required rear yard.
D.
On a single-family dwelling or multifamily unit, a carport, at least nine feet (9') wide, measured to the edge of the roofline, may be located in the side or side street yard. The carport shall not exceed fifteen feet (15') in height and shall not exceed the length of the side yard of the primary dwelling or unit structure. The carport shall meet the minimum side or side street yard setback and must maintain all other required setbacks. The carport is encouraged to resemble the main residential structure in scale and character. A maximum of one carport may be located on a property with a single-family dwelling and a maximum of one carport per multifamily unit shall be allowed.
E.
Terraces which do not extend above the level of ground (first) with a one hundred fifty square foot maximum floor area and a six-foot-high screen wall may project five feet into a required yard, provided these projections be distant at least two feet from the adjacent lot line.
F.
Freestanding Automated Teller Machines (ATM’s), vending machines, reverse vending machines, shade structures and refuse container areas may be located within the side and/or rear setbacks of any commercial or industrial lot, provided that the structure is not located closer than twelve feet (12') from the side and/or rear property line.
812.4
Side street yard
Side street yard regulations may be modified as follows:
A.
Sills, eaves, belt courses, wing-walls at heights above six feet, window air-conditioning units, chimney backs, bay windows, cornices and ornamental features may project a distance not to exceed twenty-four inches into a required side street yard.
B.
Accessory structures may extend up to five feet into a required side street yard.
C.
On a single-family dwelling or multifamily unit, a carport, at least nine feet (9') wide, measured to the edge of the roofline, may be located in the side or side street yard. The carport shall not exceed fifteen feet (15') in height and shall not exceed the length of the side yard of the primary dwelling or unit structure in which it is located. The carport shall meet the minimum side or side street yard setback and must maintain all other required setbacks. The carport is encouraged to resemble the main residential structure in scale and character. A maximum of one carport may be located on a property with a single-family dwelling and a maximum of one carport per multifamily unit shall be allowed.
812.5
Minor encroachments
No permit shall be issued for any building within the yard created by the setback regulations of this Ordinance. If, due to a construction error, a minor encroachment into the required yard ensues, the Board of Adjustment shall be empowered, but not obligated, to grant a variance provided said encroachment is not greater than a recommended distance of eighteen inches (18"). The Board shall consider the context of such encroachments relative to neighboring properties, as well as evidence from the builder that the encroachment is not deliberate.
(Ordinance 0102-032 adopted 2/24/15; Ordinance 0102-014 adopted 3/13/07; Ordinance 0102-035 adopted 8/9/22)
