Irving City Zoning Code
CHAPTER UDC
1 General Provisions and Procedures
1.1 Title.
This ordinance shall be known and may be cited and referred to as the "Comprehensive Zoning Ordinance of the City of Irving, Texas."
1.4 Applicability and jurisdiction.
Nothing herein shall be construed as repealing any existing ordinance of the City of Irving regulating nuisances or permitted uses which are now prohibited by other ordinances of the City of Irving.
1.4.1
Applied to all lands.
a)
Ordinance No. 1144 of the City of Irving, passed November 5, 1964, as amended, and all zoning districts, regulations, protective permits and zoning classifications heretofore established under said ordinance as indicated upon the official zoning map of the City of Irving on file and of record in the office of the city secretary of the City of Irving, shall remain in full force and effect until amended or changed to conform to the districts, regulations and zoning classifications under the terms and provisions of this ordinance.
b)
Any request for a zoning change coming before the City Council after the effective date of this ordinance, if granted by the City Council, shall be granted in conformity with the terms and provisions of this ordinance.
1.4.2
Compliance required.
a)
No land shall be used for, and no building shall be erected for or converted to any use other than as provided in the regulations prescribed for the district in which it is located, except as hereinafter provided.
b)
No existing building and no building hereafter erected or structurally altered shall be occupied, used, or changed in use, until a certificate of occupancy and compliance shall have been issued by the building inspector, stating that the building and proposed use of the building or land complies with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, and with the provisions of this ordinance. Certificate of occupancy and compliance shall be applied to coincide with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected.
c)
The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the building inspector.
d)
It shall be unlawful for any public utility, including the City of Irving, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the building inspector of the City of Irving.
e)
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued on the effective date of this ordinance, and which entire building shall be completed within one year from the date of the passage of this ordinance.
f)
No person shall create a subdivision or divide a tract of land into two (2) or more parts for the purpose of laying out any subdivision of any tract of land without complying with the provisions of this ordinance.
g)
All plats and subdivisions of any land shall conform to the rules and regulations set forth in this ordinance and other applicable ordinances of the city.
h)
No tract of land owned by one person, partnership, corporation, joint venture, trust or other entity, or owned under the undivided ownership of more than one entity shall be subdivided so that less than five (5) acres of the tract remains outside of a plat.
1.5 General purpose.
The zoning regulations as herein established and the districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the city. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The zoning regulations have been made with reasonable consideration, among other things, for the character of the district and its special suitability for the particular use, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
1.8 Enforcement.
1.8.1
Penalty.
A violation of any of the provisions of this ordinance shall be a Class C Misdemeanor and any person failing to comply shall be fined, upon conviction, not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) except that:
a)
Any person who intentionally or knowingly violates or permits the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may be fined, upon conviction, not more than two thousand dollars ($2,000.00); and
b)
Any person who intentionally or knowingly violates or permits the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may be fined, upon conviction, not more than four thousand dollars ($4,000.00).
1.8.2
Exceptions and exemptions.
Each day any violation of any provision of this chapter continues shall constitute a separate offense.
1.8.3
Injunctive proceedings.
In addition to any other remedy provided by law, the city attorney is authorized to petition the appropriate court for civil penalties and/or for injunctive relief available under state law for a violation of the requirements under this ordinance.
1.9 Catchlines.
The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number, are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.
1.10 Severability.
It is hereby declared to be the intention of the City Council of the City of Irving that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
1.12 Zoning map amendments (rezoning).
1.12.1
Changes and amendments.
a)
The City Council of the City of Irving may from time to time amend, supplement, or change by ordinance, the boundaries of the use district the use designation of any property, or the regulations herein established as herein provided.
1)
Before taking any action on any proposed amendment, supplement or change in the district boundaries herein established, or a change in the use designations of any property, the City Council shall submit the same to the Planning and Zoning Commission for its recommendations and report.
2)
A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change in the district boundaries herein established or the use designation of any property as provided by this ordinance and the laws of the State of Texas.
b)
In determining whether a change to the boundaries of a use district or the use designation of any property is appropriate, the Planning and Zoning Commission in making its recommendation and the City Council in acting upon any petition to effect such change or to designate the use for such property shall first determine that the proposed change in boundaries or use designation is consistent with the adopted comprehensive plan for the City of Irving and no amendment shall be approved that is inconsistent with the comprehensive plan. In determining consistency, the following rules shall apply:
1)
A proposed change or use designation is inconsistent with the comprehensive plan if the uses authorized by the proposed change in boundaries or use designation conflict with the uses designated for the category or categories of land uses depicted on the future land use map for the property. Such change may be approved only if the future land use map is amended to render the proposed uses consistent with the categories designated on the map.
2)
In determining whether the uses authorized by the proposed change in boundaries or use designation conflict with the future land use map, the city shall consider both the description of the land use categories affixed to the map and the descriptions and policies in the text of the adopted comprehensive plan relating to such categories.
3)
In the event that a definitive interpretation of consistency cannot be determined from the plan, the proposed change in boundaries or use designation may be approved if it is not inconsistent with the future land use map and the text of the plan relating to location of uses authorized by such change.
1.12.2
Application for zoning changes.
a)
Any person, firm, or corporation requesting a change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the Department of Planning and Community Development of the City of Irving requesting a change in zoning, which application shall contain the following information:
1)
Legal description of the land on which a zoning change is requested together with the local street address.
2)
Name and address of the owner of the property.
3)
Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application.
4)
District use under which the property is regulated at the time of making the application and the district use requested by the applicant.
5)
Any other information concerning the property as may be requested by the Department of Planning and Community Development of the City of Irving or the Planning and Zoning Commission.
b)
Upon the filing of an application for a change in zoning with the Department of Planning and Community Development of the City of Irving, the applicant shall pay to the City of Irving a nonrefundable application fee in accordance with the most recent schedule of fees adopted by the City Council to help defray the cost of processing, publication and mailing of notices required by this ordinance and applicable state laws.
c)
In the event that the Planning and Zoning Commission recommends that a zoning change request not be granted, the case will be forwarded to the City Council for public hearing.
d)
All applications for zoning changes where the Planning and Zoning Commission has recommended the change in zoning requested or has recommended a different change in zoning shall be automatically processed and forwarded to the City Council for a public hearing and determination of the zoning change request.
e)
No zoning change request on any property which has been denied by the City Council shall be again considered either by the Planning and Zoning Commission or the City Council before the expiration of six (6) months from the date of the final action of the City Council, except that a request for a "S-P" site plan district use may be made at any time provided that no request for site plan district has been made on the same property within six (6) months prior to the date of the application.
1.12.3
Notice.
a)
Any person, firm or corporation requesting a change in zoning from one district classification to another district classification under this ordinance shall erect and maintain a sign or signs, provided by the community development department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows:
1)
One sign for the first three hundred (300) feet of each street frontage and one sign for each additional three hundred (300) feet of street frontage, shall be located within thirty (30) feet of the abutting street, or as determined by the director of community development department or his designated representative.
2)
So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner.
3)
On the subject property at least ten (10) days prior to the hearing of such zoning request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant after a recommendation for denial by the Planning and Zoning Commission shall constitute a withdrawal of his request.
4)
So as not to create a hazard to traffic on the public rights-of-way abutting the property.
b)
The signs, provided by the department of community development, shall be of a size, type and message content as determined by the director of the department of community development but shall advise that rezoning is requested and shall list the telephone number of the department of community development for more information.
c)
Upon making an application for a zoning change, the applicant shall receive a sign as required by this section. After the zoning change is approved in final form by the City Council, denied by the City Council, withdrawn, or not appealed from a Planning and Zoning Commission denial, the applicant shall remove the sign from the area of the request within ten (10) days of such event. Failure to so remove shall be unlawful.
d)
Removal of Signs.
1)
It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested.
2)
It shall be an affirmative defense to prosecution under (d)(1) of this subsection if, prior to the acts outlined in (d)(1), the underlying zoning case has been finally approved or denied by the City Council or if such case has been withdrawn by the applicant or if such case is recommended for denial by the Planning and Zoning Commission and the applicant does not appeal said denial to the City Council.
e)
In the event the applicant shall fail to erect and maintain signs in accordance with subsection (a) above, then the public hearing(s) before either the Planning and Zoning Commission or the City Council, shall be postponed to a date in the future which would allow time for compliance.
f)
The owner or applicant erecting the sign required by this section shall not be required to obtain a permit under the city sign ordinance.
g)
The owner or applicant shall promptly replace any sign required by this ordinance which becomes lost, stolen or vandalized. The Planning and Zoning Commission and the City Council shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs.
1.12.5
Administrative amendments.
a)
Purpose.
The Director of Planning and Community Development or his/her designee may approve minor amendments to site plans previously approved by the City Council and to Multi Family Concept Plans (MFCP) approved by the Planning and Zoning Commission or City Council under this ordinance. Minor amendments are those which provide for rearrangement or reconfiguration of parking areas, landscape areas, building façade illustrations, drainage facilities, utilities, or other site improvements discovered and necessitated during the design and construction process.
b)
Application.
Applications for amendments as allowed in this subsection shall be submitted to the Planning and Community Development department on forms provided along with the appropriate number of copies of the site plan as determined by the Director or designee and payment of the application fee in accordance with the most recent schedule of fees adopted by the city council.
c)
General.
Any proposed amendments to an approved site plan or MFCP that do not comply with the criteria and therefore do not qualify as an administrative amendment may only be amended through the zoning or other applicable process. To be considered for approval, any request for an administrative amendment authorized by this section must meet all of the criteria below that:
1)
Comply with all requirements of the Unified Development Code and any other applicable ordinances of the city.
2)
Do not change the character of the development or intent of the City Council or Planning and Zoning Commission at the time of approval.
3)
Do not alter the basic relationship of the development to adjacent property including external effects such as noise, heat, light, glare, odor and vibration.
4)
Do not change the uses permitted.
5)
Do not require amendment or abandonment of any easements or rights-of-way.
6)
If provided in an approved site plan, do not increase the size of or change the locations, lighting, or orientation of originally approved signs unless said changes comply with all current City of Irving sign regulations.
7)
If specifically provided as a condition of site plan approval, do not decrease the amount of open space, landscape area and/or trees greater than five (5) percent. Open space, landscape area and/or trees may be redistributed in compliance with the intent of the requirement but shall comply with the minimum required by ordinance
8)
Do not decrease the height or total linear distance of fencing or screening.
9)
Do not adversely change in traffic circulation, safety, drainage or utilities.
10)
Comply with any additional considerations in Section d), e) or f), as applicable.
d)
Minor Changes to Site Plans in SP, S-P-1 and S-P-2 Site Plan Districts except those based on mixed use or Transit Oriented District (TOD) districts. Minor amendments may be accepted to an approved site plan which comply to those general parameters listed in section c) above in addition to the below provisions that:
1)
Do not reduce minimum yards or setbacks greater than ten (10) percent but shall be no less than that required by the base district
2)
Do not increase the maximum allowed density, footprint, or height greater than five (5) percent but at no time shall exceed that permitted by the base zoning district.
3)
Do not decrease the amount of off-street parking and loading spaces greater than five (5) percent, provided that the minimum parking and loading requirements are met
4)
For S-P-1 R-AB site plans, do not increase patron seating greater than ten (10) percent, provided that adequate parking is available for the added demand.
5)
For S-P-1 R-AB site plan zoning districts, allow outdoor seating not to exceed twenty-five (25) percent of the interior square footage used for dining service (not to include waiting areas, bar area, kitchen, and back of house). No outdoor dining shall be permitted within fifty (50) feet of a single-family district and no amplified music shall be operated within two hundred (200) feet of a single family district, both as measured at the closest edge of the patio space of the outdoor dining service.
6)
For S-P-1 R-AB site plan zoning districts, allow flexibility in the usage of the premises. Items that may be revised without the completion of the rezoning process include:
i.
Changes of the interior design plan, provided the adjustments of areas for uses remains proportional to the approved site plan
ii.
Changes in the elevation or exterior features
iii.
Changes in the menu, restaurant and operator with a valid Certificate of Occupancy. The administrative amendment process cannot add or revise allowed uses.
e)
Minor Changes to S-P-1 and S-P-2 Site Plan Districts based on mixed use districts and Transit Oriented District (TOD) General Plans or Detail Plans. Minor amendments may be accepted to an approved site plan in the Heritage Crossing District (HCD), TOD and any future mixed-use and/or form-based districts which comply to those general parameters listed in section c) above in addition to the below provisions that:
1)
Do not increase minimum yards or setbacks greater than ten (10) percent.
2)
Do not decrease the maximum allowed density, footprint, or height greater than five (5) percent.
3)
Do not increase the amount of off-street parking and loading spaces greater than five (5) percent, unless said parking and loading remains sufficient in number and conforms with all applicable ordinances.
4)
For S-P-1 R-AB site plan zoning districts, allow outdoor seating not to exceed fifty (50) percent of the interior square footage used for dining service (not to include waiting areas, bar area, kitchen, and back of house). No outdoor dining shall be permitted within fifty (50) feet of a single-family district and no amplified music shall be operated within two hundred (200) feet of a single-family district, both as measured at the closest edge of the patio space of the outdoor dining service
5)
For S-P-1 R-AB site plan zoning districts, allow flexibility in the usage of the premises. Items that may be revised without the completion of the rezoning process include:
i.
Changes of the interior design plan, provided the adjustments of areas for uses remains proportional to the approved site plan
ii.
Changes in the elevation or exterior features
iii.
Changes in the menu, restaurant and operator with a valid Certificate of Occupancy. The administrative amendment process cannot add or revise allowed uses.
f)
Minor changes to Multi Family Concept Plans.
Minor amendments may be accepted to Multi Family Concept Plan standards in Section 3.13, as approved by the Planning and Zoning Commission or City Council, for minor variations from the concept plan. Such variations shall not change the character or configuration of the development, shall not vary the design standards and shall not increase the total number of units or density.
Acceptable amendments would comply with the allowances for a S-P-1 district as allowed in section d) above, as applicable, and as provided below, given that at no time shall be less than the requirements in Section 3.13 unless specifically approved as part of the concept plan. MCFP amendments shall:
1)
Do not increase building height greater than five (5) percent.
2)
Do not increase or decrease building length greater than ten (10) percent and maintain compliance with fire codes.
3)
Do not increase or decrease building separation greater than ten (10) percent and maintain compliance with fire codes.
4)
Do not increase total number of units greater than five (5) percent.
5)
Do not increase or decrease dwelling unit sizes greater than ten (10) percent and comply with the minimum standards.
6)
Do not increase or decrease 1-bedroom, 2-bedroom or 3-bedroom unit count greater than ten (10) percent and comply with the minimum standards.
7)
Do not increase efficiency unit count greater than as approved.
8)
Do not decrease amount of overall open space, usable open space, and/or children's play area greater than five (5) percent.
9)
Allow for minimal redistribution of landscape and tree plantings and landscape areas in compliance with the intent, but otherwise do not decrease greater than five (5) percent.
10)
Do not remove sidewalks or trails as provided by the plan unless provided elsewhere on the lot with a similar function, and length is not reduced by more than ten (10) percent of approved.
11)
Do not change height of fences from the approved plan.
12)
Do not decrease provided screening.
g)
Appeal.
The director of planning and inspection or his/her designee shall not be required to approve a request, but may choose to deny a request that he or she determines to be other than a "minor amendment." If an applicant disagrees with any part of a decision rendered by the director or his/her designee, said decision may be appealed to the Board of Adjustment as provided in the Unified Development Code.
(Ordinance 2022-10568, § 1, adopted 3/31/2022; Ordinance 2023-10702, § 2, adopted 2/9/2023)
1.13 Platting.
1.13.1
Preliminary plat.
a)
Any person proposing to subdivide or plat land may file a preliminary plat of such proposed subdivision for consideration of the Planning and Zoning Commission.
b)
One copy of a preliminary plat shall be filed with the department of community development of the city, and, if the preliminary plat conforms with the subdivision requirements of Chapter UDC-5 (Subdivision Design and Improvements) and other applicable ordinances, the Department of Planning and Community Development shall require the filing of additional copies of such plat as required by the city, and upon the payment of the required fees shall submit the preliminary plat to the Planning and Zoning Commission for consideration.
c)
Each preliminary plat shall be drawn on one (1) or more sheets each measuring twenty-four (24) inches by thirty-six (36) inches drawn to a scale no smaller than one hundred (100) feet to one inch, or if submitted electronically, the image shall scale accurately, and shall show the following information:
1)
The date, scale and north point, a plan showing the location of the tract, the title or name of the proposed subdivision and the name of the owner, engineer and surveyor.
2)
The existing boundary lines, zoning district lines and acreage of the land to be subdivided or platted, and the property lines, zoning district lines and the names of owners of adjacent properties.
3)
The locations of the centerlines of existing watercourses, railroads and other similar drainage and transportation features.
4)
The location, right-of-way width, and pavement width of existing streets, alleys, easements, lots and public areas on or adjoining any part of the land to be subdivided or platted.
5)
The locations, sizes and flow lines of all existing drainage structures on the land to be subdivided or platted and on adjoining tracts, and the number of acres draining into or through the proposed subdivision or plat.
6)
The locations and sizes of existing sanitary sewers, storm sewers and open drainage ditches, water mains, culverts and other underground structures within the land to be subdivided or platted and on land immediately abutting such land.
7)
The names, locations, widths and dimensions of proposed streets, alleys, easements, drainage facilities, parks and other public spaces, lot lines and building lines.
8)
Topographical information, with contours at an interval of one foot, referred to city datum with reference to benchmarks where available, which contours shall fall within one-third of a contour interval of five (5) feet may be allowed if the terrain is steep enough to warrant these intervals and when approved by the city engineer.
9)
The distance and bearing of one (1) of the corners of the boundary of the proposed subdivision or plat to the nearest intersection of existing streets or roads or to an original corner of the original survey of which it is a part or to a corner of an approved, recorded subdivision or plat or by equivalent means.
d)
The Planning and Zoning Commission shall take action upon a preliminary plat within thirty (30) days from the date it is filed with the Department of Planning and Community Development in accordance with Chapter 212 of the Texas Local Government Code.
e)
The approval of a preliminary plat of a subdivision shall not constitute final approval or acceptance of a subdivision or plat.
f)
When the Planning and Zoning Commission is satisfied that the proposed preliminary plat meets the requirements of Chapter UDC-5 (Subdivision Design and Improvements), and other applicable ordinances of the city, it shall enter an order approving the preliminary plat, and evidence of such approval shall be by certificate on the required copies of the preliminary plat signed by the chairman of the Planning and Zoning Commission and attested to by the director of community development. At the election of the city, a preliminary plat approved by the Planning and Zoning Commission may be declared void if a final plat of such subdivision or a part thereof is not submitted to the Planning and Zoning Commission within one (1) year from the date of approval of the preliminary plat.
g)
One (1) copy of the approved preliminary plat shall be filed with the department of community development, and one (1) copy shall be returned to the subdivider.
1.13.2
Final plat and preliminary/final plat.
a)
Any person proposing to subdivide or plat land may file a final plat of such proposed subdivision for consideration by the Planning and Zoning Commission following approval by the Planning and Zoning Commission of the preliminary plat.
b)
Any person proposing to subdivide or plat land may file a preliminary/final plat of such proposed subdivision for consideration of the Planning and Zoning Commission without the necessity of filing a preliminary plat, provided that all information required by this section shall be submitted with such preliminary/final plat to the Department of Planning and Community Development.
1)
Except for subsection (a) all requirements and provisions for the final plat shall also apply to the preliminary/final plat.
c)
When construction is required, engineering plans showing details of streets, sidewalks, alleys, culverts, bridges, storm sewers, drainage channels, water mains, sanitary sewers and other engineering details of the proposed development shall be submitted with the final plat.
1)
Such plans shall be prepared under the direction of a professional engineer registered in the State of Texas and shall conform to the design standards established by the City of Irving. The final plat will not be recommended for approval to the Planning and Zoning Commission until detailed engineering plans have been approved by the city engineer.
2)
If construction has not commenced within two (2) years following approval of the engineering plans, resubmittal of plans may be required by the city engineer to ensure current standards and engineering requirements are met. The city engineer shall not accept the improvements for purposes of certificates of occupancy or utility connection where construction has not commenced within two (2) years following approval of the engineering plans unless the improvements meet city standards current at the time of submission of the new plans.
d)
Where an applicant proposes to include within a preliminary, preliminary/final or final plat property which includes part but not all of a previously platted lot, thus creating a partial lot replat, the applicant shall provide a title history of the previously platted lot, prepared by a title company, title service company or a lawyer, which includes a drawing of the previously platted lot with ownership lines as well as a copy of each deed going back from the present time to the time the lot was last within a single ownership. The city shall not accept for filing any preliminary, preliminary/final, or final plat which plats only a part of a previously platted lot unless the title history accompanies the request, except as provided below. If the applicant is the one who divided the ownership of the previously platted lot, or is responsible therefor, his present plat shall be denied unless he amends to bring in the entirety of the previously platted lot, except as provided below.
1)
This subsection (d), regarding partial lot replats, shall not apply if the applicant can show that the subdivision of property without platting that created the partial lot occurred prior to January 1, 1980, and that he does not own the remainder of the original platted lot.
2)
This subsection (d), regarding partial lot replats, shall not apply if the applicant can show that the entirety of the remainder of the original platted lot has already been replatted so that no partial lot will remain after the applicant's plat is approved.
e)
Copies of a final plat of a proposed subdivision shall be filed with the department of Planning and Community Development as required by the city, and the required fee shall accompany the final plat. If there has not been a preliminary plat which includes the area encompassed by the final plat which has been approved by the Planning and Zoning Commission, additional fees as required by the city shall accompany the final plat.
f)
Upon the payment of the required fees, the Planning and Community Development shall check and verify the information shown on the final plat or preliminary/final plat, prepare a report to the Planning and Zoning Commission setting forth his findings.
g)
The subdivider shall file, with the final plat, a certificate showing that all city taxes have been paid on the tract to be subdivided and that no delinquent city taxes exist against the property. The city may deny acceptance of the plat for filing until delinquent city taxes are paid.
h)
Each final plat shall be drawn in ink at a scale of one inch equals one hundred (100) feet or greater on one (1) or more sheets measuring twenty-four (24) inches by thirty-six (36) inches and shall show the following information:
1)
Date, subdivision title, scale and north point.
2)
The boundary lines of the area to be subdivided, and the correct legal description of the property being subdivided and one corner of the boundary of the subdivision shall be tied by distance and bearing to the nearest intersection of existing streets or road or to an original survey of which it is a part or to a corner of an approved, recorded plat or by equivalent means.
3)
The lines and names of all proposed streets or other ways or easements, including a statement of the purpose for which such easements are dedicated, and also the lines and names of other open spaces to be dedicated for public use or granted for use of the inhabitants of the subdivision.
4)
Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, boundary line, block line, building line and zoning district line whether curved or straight, and including the true north point. This shall include the radius, central angle and tangent distance for the property lines of curved streets and curved property lines. Linear dimensions shall be given to the nearest one and one-hundredths (1/100) of a foot and all bearings and angles shall be shown to the nearest minute. Deflection angles, radii, tangents, central angles of curves and the chords and arcs of curves shall be shown and all bearings shall be true bearings.
5)
The location of all permanent monuments and control points, and suitable primary control points to which all dimensions, bearings and similar data shall be referred.
6)
A statement signed and acknowledged by the owner dedicating all streets, alleys, easements, parks and other open spaces to public use, or when the subdivider has made provision for perpetual maintenance thereof to the inhabitants of the subdivision or plat.
7)
A certificate bearing the signature and seal of the surveyor who made the survey certifying that he has accurately surveyed such subdivision and attesting to the accuracy of the survey and the correct location of all monuments shown, and that the lots, blocks, streets, avenues, alleys and public ways and grounds are accurately staked and marked.
8)
As a condition precedent to filing with the department of Planning and Community Development every final plat shall be duly acknowledged by the owners of the land, or by a duly authorized agent of said owners, in the manner required for the acknowledgement of deeds. If the plat is acknowledged by a person other than the owner of the land, the agent shall attach an affidavit of the owner, duly acknowledged, which reflects that the agent or person acknowledging the plat has been so authorized. Ratification by lien holders will also be required where such plat contains dedications.
i)
Each preliminary/final plat shall provide all information required for a final plat as described in subsection (h) and all information required for a preliminary plat as described in section 1.13.1(c). The applicant shall have the option of providing the information required by section 1.13.1(c)(6) and (c)(8) on a separate drawing from the preliminary/final plat.
j)
The Planning and Zoning Commission shall approve, approve with conditions, or disapprove a final or preliminary/final plat within the thirty (30) days from the date it is filed with the Department of Planning and Community Development in accordance with Chapter 212 of the Texas Local Government Code.
k)
Any final or preliminary/ final plat shall be approved if it complies with the provisions of Chapter UDC-5 (Subdivision Design and Improvements) and other applicable ordinances and the uses proposed for the property being subdivided are not inconsistent with the zoning regulations and other applicable ordinances of the city.
l)
Any final or preliminary/final plat not acted upon by formal order of the Planning and Zoning Commission within thirty (30) days from the date it is accepted for filing with the department of community development shall be deemed to be approved in accordance with Chapter 212 of the Texas Local Government Code.
m)
Upon the approval of a final or preliminary/final plat by the Planning and Zoning Commission it shall enter an order approving the final or preliminary/final plat, and evidence of such approval shall be by certificate on the final plat signed by the chairman of Planning and Zoning Commission and attested to by the director of community development.
n)
Whether a plat is approved, approved with conditions, or disapproved, the required fee per lot shall not be refunded.
o)
Upon the approval of a final plat, one (1) good quality sepia mylar, minimum three (3) millimeter thickness, of the final plat shall be filed with the department of community development of the city.
p)
After a final plat has been finally approved the director of Planning and Community Development or his/ her designee shall be authorized to file for record such plat with the recorder of deeds of the county.
q)
Any unauthorized alteration to the filed plat following final approval by the city shall render the plat void.
1.13.4
Waivers.
a)
Where literal enforcement of a provision of Chapter UDC-5 (Subdivision Design and Improvements) will render subdivision of a tract of land impractical, or will result in the confiscation of property, the City Council shall have authority to grant a variance from such provision, after receiving the recommendation of the Planning and Zoning Commission.
b)
When it is proposed to develop a mass-housing project or similar neighborhood unit, the City Council may vary the specific requirements of Chapter UDC-5 if the building development is planned with adequate provisions for light and air, vehicular and pedestrian circulation and recreational facilities, equal to or better than the detailed requirements of Chapter UDC-5, after receiving the recommendation of the Planning and Zoning Commission.
1.13.5
Amending and minor plats.
a)
In accordance with Local Government Code Section 212.0065 of the Land Use Regulations of the State of Texas, the City of Irving delegates to the director of community development the ability to approve:
b)
The director of community development may, for any reason, elect to present the plat to the Planning and Zoning Commission, in which case the plat will be processed in the same manner as all other final plats.
c)
The director of community development shall not disapprove the plat, and shall be required to refer any plat which he or she refuses to approve to the Planning and Zoning Commission within the time period specified in Section 212.009 of the Local Government Code.
1.13.9
Plat application fees.
Upon submitting an application for any type of plat consideration with the Department of Planning and Community Development of the City of Irving, the applicant shall pay the City of Irving a non-refundable application fee in accordance with the most recent schedule of fees adopted by the City Council to help defray the cost of reviewing, processing, and, if necessary, publication and mailing of notices required by this chapter and applicable state laws.
1.15 Special exceptions.
1.15.1
A person may seek a special exception to section 3.18.1(e)(3) "Outside Storage" for the purpose of securing a special exception to allow the parking of a truck tractor in the front yard by filing a written request for a special exception with the department of building inspections and code enforcement on a form to be supplied by the city. Said special exception shall not run with the land but shall be granted to the owner, if the owner resides on the subject property and owns or leases the truck tractor, or to the tenant residing on the subject property if said tenant owns or leases the truck tractor, and shall expire at such time as the recipient of the special exception no longer resides on the subject property.
1.15.2
The procedure for special exceptions authorizing truck tractor parking in the front yard of a residential district shall be as follows:
a)
The applicant shall complete a form which includes the street address, the name and address of the owner of the property, the name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application, the zoning district designation, and the motor vehicle registration number and license number.
b)
The applicant shall erect and maintain a sign or signs provided by the community development department, upon the property for which a special exception has been requested which sign requirement shall be governed by section 1.12.3 "Notice" except the sign or signs shall announce a special exception has been requested to allow a truck tractor to be parked on residentially zone land.
c)
Before the tenth day before the hearing date, written notice of each public hearing before the zoning board of adjustment for a special exception authorizing truck tractor parking on a residentially zoned or used lot shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which a special exception is requested.
1.15.3
The zoning board of adjustment may grant a special exception to section 3.18.1(e)(3) and section 3.18.2 relative to truck tractor parking in front yards if satisfaction of each the following criteria is demonstrated by the person requesting the special exception at the hearing before the board:
a)
The safety of the neighborhood will not be compromised by the exception;
b)
The value of the surrounding property will not be depreciated by the exception;
c)
The aesthetics of the property on which the truck tractor is located will not be reduced by the exception;
d)
The traffic in the neighborhood will not be further congested by the exception;
e)
The exception will not increase the noise in the neighborhood;
f)
There is no reasonable alternative to parking the truck tractor in the front yard;
g)
There shall be no adverse impact on the quality of life in the neighborhood; and
h)
The use of the truck tractor is the principal livelihood of the person residing on the property.
1.17 Changes and amendments to unified development code.
1.17.1
The City Council of the City of Irving may from time to time, amend, supplement or change by ordinance the regulations, standards, or requirements of this ordinance for each district or use regulations of property within a district or, use regulations of property within a district as herein provided.
a)
Before taking any action on any proposed amendment, supplement or change, the City Council shall submit the same to the Planning and Zoning Commission for its recommendations and report.
b)
A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change, as provided by this ordinance and the laws of the State of Texas.
c)
A public hearing shall be held by the Planning and Zoning Commission on any proposed amendment, supplement or change in the regulations, standards or requirements of this ordinance. Notice of such public hearing shall be given by publication at least one time in a newspaper of general circulation in the City of Irving, of the time and place of such hearing, at least ten (10) days prior to the date of such hearing.
1.17.2
Amendments to the definitions in this ordinance, or additional definitions to be added to Chapter UDC-9, may be made by the City Council of the City of Irving after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the City Council, as provided by law. Public hearings before the Planning and Zoning Commission on any proposed amendment or addition to the definitions shall be held by the Planning and Zoning Commission after notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the City of Irving, of the time and place of such hearing, at least ten (10) days prior to the date of such hearings.
1.18 Special fence project plan.
1.18.1
In any zoning district, the owner of a tract of land may file a special fence project plan request in order to ask for a modification of any zoning requirements as may apply to a fence or for a variance to the requirements of the city's fence ordinance.
1.18.2
An application for special fence project plan shall be filed with the department of Planning and Community Development. The application shall include a scaled drawing of the lot, or, if unplatted, the tract which will contain:
a)
Dimensions and property line of the lot or tract;
b)
The location, dimensions, type and height of the fence;
c)
Date, scale, north point, name of property owner and name of person preparing the special fence project plan;
d)
Location, type and size of all easements shall be indicated on the special fence project plan; the volume and page number where the easement is recorded with Dallas County Deed Records shall also be indicated on the special fence project plan.
e)
A list of variances requested from the fence ordinance.
f)
The application shall also include such other information as the city staff may require, including but not limited to:
1)
Location and size of points of ingress and egress to public or private streets;
2)
Location and size of existing and proposed streets and alleys which are abutting;
3)
Topographic information if this property is not platted and the proposed fence is within fifteen (15) feet of a public or private street or alley; and
4)
Such number of copies of this plan as the Director of Community Development or designee may require shall accompany the application.
1.18.3
The department of Planning and Community Development shall mail notice of the requested special fence project plan to all property owners as shown by the latest tax roll within two hundred (200) feet of the lot or tract, if unplatted, on which the fence is proposed, at least ten (10) days prior to the hearing on the request.
1.18.4
Procedures.
a)
A request for a special fence project plan shall be heard by the Planning and Zoning Commission at one of their regular meetings. The Planning and Zoning Commission shall make a recommendation to the City Council, and such recommendation may include any modifications or conditions as they deem necessary to protect the public health, safety and welfare.
b)
Upon recommendation of the Planning and Zoning Commission, the special fence project plan shall be automatically forwarded to the City Council. The request for a special fence project plan shall be heard by the City Council at one of their regular meetings. The City Council may approve the special fence project plan with any modifications or conditions as they deem necessary to protect the public health, safety and welfare.
1.18.6
Approval of a special fence project plan shall not obviate the need for a fence permit.
1.18.7
A filing fee in accordance with the most recent schedule of fees adopted by the City Council shall accompany each request for a special fence project plan.
1.19 Temporary uses and structures.
1.19.1
General requirements for all temporary uses and structures.
a)
A temporary use shall not be permitted nearer than one hundred (100) feet to a developed lot in a residential district.
b)
A permit for the temporary use of any property for the above listed uses shall be secured from the department of building inspections and code enforcement prior to such use.
c)
Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day's use. Use of a parcel of property for any of the above listed uses for more than the maximum number of days for which a permit may be issued along with any allowed renewal period during any three hundred sixty-five-day period shall constitute a permanent use subject to the district regulations of the zoning district in which such parcel of property is located.
d)
An applicant for a temporary use permit shall submit written evidence to the department of building inspections and code enforcement that the owner of the subject property authorizes the use proposed.
1.19.2
Uses not to exceed 30 days.
The following uses, which are classified as temporary uses, may be permitted by the department of inspections in any district, subject to the restrictions set out in this section and in compliance with all other ordinances of the city, not to exceed a period of thirty (30) days, unless a greater time period is set out below.
a)
Carnivals.
b)
Circus.
c)
Fairgrounds.
d)
Concrete mixing or batching plant uses temporarily by contractors during the construction of public improvements or buildings, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, provided that such use shall not be permitted nearer than two hundred fifty (250) feet to a developed lot in a residential district.
e)
Temporary portable wireless telecommunications facilities, commonly known as a "cellsite on wheels" or a "C.O.W." if needed to provide service to special or seasonal events that are likely to cause a substantial but temporary increase in wireless telecommunications traffic.
f)
Snow cone or shaved ice stands or trailers or firewood sales for up to one hundred eighty (180) days.
g)
Christmas tree or pumpkin sales, for up to forty-five (45) days.
h)
Outside sales of merchandise in an unenclosed or partially enclosed area located on the same property with and accessory to a retail establishment under the following conditions:
1)
Not to exceed thirty (30) days two (2) times a year.
2)
The merchandise will be limited to items normally inventoried, displayed, and sold in the principal use retail establishment.
3)
The merchandise will not be located in a fire lane, exit discharge, or accessible route of travel as defined by the city fire and building codes.
4)
The merchandise will be located in not more than five (5) percent of the required parking or in any of the wheelchair accessible parking spaces.
5)
The merchandise will not be located within fifteen (15) feet of a public right-of-way or in any sight easement.
1.19.3
Uses for greater than 30 days.
Upon application being made therefore, the City Council may, by special permit, approve the use of any property for the foregoing temporary uses or any other temporary use not to exceed one hundred eighty (180) days, under such conditions and restrictions as the City Council shall determine.