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Hubbard City Zoning Code

ARTICLE 4

USE OF LAND OR PREMISES

§ 4-1 Permitted Uses and Special Conditions.

Land or premises in each of the following classified districts in the City may be used for the following purposes only. Except as herein provided, any other use of such land or premises in such district or districts shall be unlawful and in violation of this Ordinance. The following table presents the zoning district classifications and the permitted uses within those classifications. Uses not listed as "permitted" are prohibited.
Permitted Use Table
P
=
Permitted uses within each district
*
=
Permitted if part of an approved site plan
S
=
Specific Use Permit required from the City Council
 
DISTRICTS
 
A
R
C
TC
I
PD
Residential Uses
 
 
 
 
 
 
Single-family
P
P
S
S
 
*
Duplex, triplex, and quadplex
 
P
P
S
 
*
Multifamily apartment
 
P
P
P
 
*
Manufactured housing
S
S
 
 
 
*
Manufactured housing parks
 
 
 
 
 
*
Mobile home
 
 
 
 
 
 
Parish house or parsonage
P
P
P
P
 
*
Group living
P
P
 
 
 
*
Public Uses
 
 
 
 
 
 
Cemetery, mausoleum, or crematorium
P
 
P
 
P
*
Park or athletic field
P
P
P
P
 
*
Public administration
P
 
P
P
 
*
Public safety, fire, police, and emergency services
P
P
P
P
P
*
Religious institutions and fraternal organizations
P
P
P
P
 
*
School (public or private, including day care)
 
P
P
P
 
*
Minor utilities (e.g. on-site stormwater retention or detention, neighborhood-serving telephone switching center, gas/electric/cable transmission lines, water and wastewater pump station or lift station, water well)
P
P
P
P
P
*
Major utilities (e.g. electrical substation, electric or gas generation plant, filter bed, wireless communication towers and facilities, waste treatment plant, water pumping facility, water tower)
S
S
S
S
S
*
Commercial Uses
 
 
 
 
 
 
Auto and large equipment sales
 
 
P
 
P
*
Bed and breakfast
P
P
P
P
 
*
Beauty, barber, or other personal service shop
 
P
P
P
 
*
Convenience store with gas
 
 
P
 
P
*
Convenience store without gas
 
 
P
P
P
*
Grocery store
 
 
P
P
 
*
Kennels and stables
P
 
P
 
 
*
Indoor recreation
 
 
P
P
 
*
Laundry/coin-operated or dry cleaning
 
 
P
P
 
*
Medical office
 
 
P
P
 
*
Motels and hotels
 
 
P
P
 
*
News, flowers and/or refreshment stand
 
 
P
P
 
*
Offices pertaining primarily to information services (e.g. law firms, real estate agents, banks, printing, and computer repair) or off-site services (e.g. catering, household cleaning, home health care)
 
 
P
P
 
*
Recreation vehicle (RV)/travel trailer park
S
S
S
S
 
*
Repair businesses (e.g. electrical appliances, lawn equipment, recreational equipment, air conditioning, plumbing, transportation and construction equipment)
 
 
 
P
P
*
Restaurants, cafes, bakeries, and other eateries
 
S
P
P
 
*
Retail outlets, except for auto and large equipment sales
 
 
P
P
 
*
Shooting range, skeet, or target range
P
 
P
 
P
*
Storage businesses (e.g. mini-storage)
 
 
P
 
P
*
Veterinary hospital/clinic
P
 
P
P
 
*
Industrial Uses
 
 
 
 
 
 
Manufacturers/small scale (<3,000 sq ft. manufacturing space)
 
 
P
 
P
*
Manufacturers/large scale (>3,000 sq ft. manufacturing space)
 
 
P
 
P
*
Warehousing, freight and storage, including equipment rental and storage
 
 
P
 
P
*
Auto and large equipment service and washing
 
 
P
 
P
*
Welding or machine shop
 
 
P
 
P
*
Wholesale trade
 
 
P
 
P
*
Flour and grain storage elevators
 
 
 
 
P
*
Woodworking shop
 
 
 
 
P
*
Dairy processing plant
 
 
 
 
P
*
Meat packing plant
 
 
 
 
P
*
4-1.01 
Uses not listed.
The Zoning Administrator will determine which category is most appropriate for unlisted uses and which category is most appropriate when a use could be interpreted as belonging in multiple categories. When making a determination, the Zoning Administrator will consider whether:
A. 
The use is consistent with the intent and purpose of the applicable zoning district;
B. 
The use is similar to and of the same general type as the uses listed in the zoning district;
C. 
The use has similar intensity, density, off-site impacts and impacts on community facilities as the uses listed in the zoning district.
An appeal to the decision of the Zoning Administrator may be made to the Board of Adjustment.
4-1.02 
Conditions and Regulations for Listed Uses.
The following describe conditions and special regulations for uses. Additional requirements may be added to these herein by the City Council as deemed necessary to protect the health, safety, and general welfare of the citizens of Hubbard. No construction or occupancy shall commence for any permitted use until the conditions herein stated have been met.
A. 
Site Plan for Building Permit.
Site plan approval by the Planning and Zoning Commission and City Council will be required in accordance with Article 8, Site Plan Requirements.
B. 
Mobile homes as defined in Tex. Rev. Civ. Stat. Ann. art. 5221f, §3(17) are not permitted within the City of Hubbard
C. 
Child care facility license required.
Any child-care facility or school must provide a copy of the State of Texas Certification of licensing or registration as described in Section 42.052 of Chapter 42 - Texas Human Resources Code to the City.
D. 
Sexually-oriented businesses are prohibited within 300-feet of a public school or a public or private day-care center or child-care facility located on a building ground floor.
E. 
Establishments that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections.
(Ordinance 051518-02 adopted 5/15/18)

§ 4-2 Specific Use Permits.

4-2.01 
Purpose.
The purpose of this section is to provide a procedure for the location of certain uses under specific conditions described by a Specific Use Permit reviewed by the Planning and Zoning Commission and granted by the City Council.
4-2.02 
The Specific Use Permit issued by the City Commission shall be deemed an amendment to the Zoning Ordinance, and the development shall be in keeping with the plans and specifications and other data submitted to the Planning and Zoning Commission and the City Council for the purpose of securing the permit. The applicant for a Specific Use must present his request to the Planning and Zoning Commission after making application for such use with the Zoning Administrator. After public notice and hearing required by law, the City Council may grant a Specific Use Permit.
4-2.03 
Specific Use permit uses and the districts in which they may be authorized are designated in Section 4-1. Permitted Use Table.
4-2.04 
Application Fee shall be as prescribed by the most recently adopted City Fee Schedule.
4-2.05 
Criteria for Granting a Specific Use Permit.
After public hearing and proper notice and after recommendation by the Planning and Zoning Commission, the City Council may authorize the issuance of a specific use permit when the council finds all of the following conditions present:
A. 
That the effect of such proposed use will not be detrimental to the neighborhood character, traffic, public utilities, schools, public safety and general welfare;
B. 
That the requested Specific Use will establish only those uses permitted under the ordinance;
C. 
That the location of proposed activities and improvements are clearly defined on a site plan filed by the application;
D. 
That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
E. 
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
F. 
That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
G. 
That the specific use shall conform to all applicable yard area regulations of the district in which it is located.
4-2.06 
Additional Development Standards.
The Commission may recommend and the Council may require additional development standards as deemed necessary for the protection of the immediate properties .and the neighborhood of the application. Such recommendations may include utilities, drainage, landscaping, lighting, signs and advertising devices, screenings, fences, access ways, curb cuts, traffic control, height of buildings and setback of buildings. In all cases in which specific uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
4-2.07 
Expiration of Specific Use Permit.
A Specific Use Permit shall be deemed to have expired one year from the date of granting thereof unless the premises covered thereby are actually being used according to the permit. Additional time may be granted by the City Council or provisions may be made for extension of time by terms of the permit itself. The Council may grant the Specific Use Permit for a specified period of time. Whenever the use for which a Specific Use Permit is granted is terminated for any reason whatsoever, the Specific Use Permit shall be deemed to have expired.
No application for a specific use permit which has been denied wholly or in part by the City Council shall be resubmitted for a period of six (6) months from the date of said denial.
(Ordinance 081115-02 adopted 8/11/15)

§ 4-3 Temporary Use Permits.

4-3.01 
Purpose.
Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this ordinance when made under the conditions herein provided.
4-3.02 
Permitted
Uses.
Temporary Use
Districts
Construction Office. Temporary field or construction offices and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for specific periods of time when approved by the Zoning Administrator. Such temporary uses shall be discontinued by the order of the City and in no event shall such temporary uses continue to exist on the premises after the construction for which they were erected is completed.
All
Real Estate Sales Office. Temporary field real estate sales offices may be permitted in single-family residential subdivisions for specific periods of time when approved by the Zoning Administrator. Such temporary uses may be located in a "Hubbard Home" or a portable building within the subdivision, but shall be discontinued by the order of the Zoning Administrator. In no event shall such temporary uses continue to exist after the subdivision or the increment of same in which the use is located shall have been substantially developed.
R
Outdoor seasonal sales. A sixty (60) day temporary use permit can be issued by the City provided that the lot to be utilized has adequate space for off-street parking, access to restroom facilities for employees, and means of ingress and egress are compatible with existing traffic flows. A trailer (for sales only) may be located on the lot for which the temporary use permit is issued to provide for office space.
All
Post-disaster housing. Temporary housing may be permitted in residential subdivisions for up to six (6) months when approved by the Zoning Administrator. Such temporary uses may be located in a portable building or recreational vehicle within the subdivision.
R
4-3.03 
Application for Temporary Use Permit.
The applicant for a Temporary Use must present his request in writing to the Zoning Administrator.
4-3.04 
Application Fee shall be as prescribed by the most recently adopted City Fee Schedule.