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Italy City Zoning Code

§ 23

SPECIAL AND ADDITIONAL SUPPLEMENTARY REGULATIONS.

23.1 
Lot Area:
A. 
The minimum residential lot area for the various Districts shall be in accordance with the individual use schedule, except in the case where a lot having less area than herein required which was an official “lot of record” prior to the adoption of this Ordinance, may be used for a single-family dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in area below the minimum requirements set forth in the respective District.
B. 
Public and semi-public institutions such as hospitals, churches, and schools located in any District shall have a minimum site area of one (1) acre.
C. 
Location of Dwellings and Buildings - Only one main building for single-family and two-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract. Every means of access shall have a minimum width of twenty-five feet (25'). Where a lot is used for retail and dwelling purposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the State requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.
23.2 
Front Yard:
A. 
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets (unless shown specifically otherwise on a final plat according to Section 23.3 A).
B. 
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (See Illustration 6).
C. 
Where a building line has been established by a plat approved by the City Council or by ordinance, and such line required a greater or lesser front yard setback than is prescribed by this Ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such Ordinance or plat, provided no such building line shall be less than twenty feet (20').
D. 
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. (See Illustration 7)
E. 
Where lots have double frontage, extending from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See Illustration 8) Fireplaces, bay windows and other similar construction not exceeding seven feet (7') in width may extend two feet (2') into a required yard, provided the total length of all such projections into a yard shall not exceed one-third (1/3) the length of the exterior wall, excluding garages adjacent to that yard. However, no projections shall extend beyond the property line.
F. 
In all residential districts, the minimum front yards specified may be reduced by a maximum of five feet (5') if twenty-five percent (25%) of the dedicated street lengths in the subdivision are curvilinear in design. In no case shall the required front yard be less than twenty feet (20'). The term “curvilinear in design” shall refer to any street segment which is designed with a degree of curvature not less than 3° 30' and not greater than 22° 55', and which shall offset a minimum distance of thirty feet (30'), said offset being measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear streets shall utilize the centerline of all interior streets. (See Illustration 9)
G. 
The minimum front yard setback requirements may be reduced by five feet (5') in all Single-Family and 2F Districts provided that at least fifty percent (50%) of the structures on a given block are set back an additional five feet (5') from the original setback. The average setback would equal the original setback requirement. The purpose of this requirement is to encourage a variety of front yard setbacks along a street creating a more pleasing appearance of houses in the subdivision. In no case shall the front yard setback be less than twenty feet (20'). The desired setbacks for each lot shall be designated on the final plan. (See Illustration 10)
H. 
Minimum front yard setbacks for lots with predominant frontage on the curved radius of a dedicated cul-de-sac street shall be twenty feet (25').
I. 
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping extends higher than two and one-half (2-1/2) feet to obstruct the vision of a motor vehicle driver approaching any street[,] alley or driveway intersection.
1. 
At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the street curb in both directions. (See Illustration 11)
2. 
At an intersection with an alley, this clearance must be maintained for ten feet (10'). (See Illustration 12)
3. 
Fences, walls, and hedges two and one-half feet (2-1/2') in height or less may be located in the visual clearance areas of all districts.
J. 
Gasoline service station pump islands may not be located nearer than eighteen feet (18') to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten feet (10') to the property line.
K. 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.
L. 
Satellite dishes are prohibited in the front yard area of any District.
23.3 
Side Yards:
A. 
On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on the plat approved by the Planning and Zoning Commission containing a side yard of fifteen feet (15') or more. On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective districts.
B. 
Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and projecting roof eaves not to exceed thirty-six inches (36") into the required side yard.
23.4 
Special Height Regulations:
A. 
In the districts where the height of buildings is restricted to two and one-half (2-1/2) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed thirty-five feet (35') above the average grade line of the building. Water standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.
B. 
Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed forty feet (40') and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof-mounted satellite dishes in excess of fifty (50) pounds shall be approved by a registered architect or engineer by written letter to the city secretary, prior to installation, stating the antenna’s stability and support.
23.5 
All measurements of setback requirements shall be made according to Illustration 13.
23.6 
Metal exterior construction buildings are not permitted in any district as a primary use except in the LI District by SUP.
23.7 
Swimming Pools:
It is the purpose of these provisions to recognize an outdoor swimming pool as a potential attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.
A. 
Permits and Approvals:
Swimming pools must be constructed according to the following:
1. 
The pool may not be located in any required front or side yard abutting a street
2. 
A wall or fence, not less than four feet (4') in height, with self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area
3. 
All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties
4. 
No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers
23.8 
Radio, Television, and Microwave Towers:
No radio, television, or microwave tower shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Comprehensive Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence
23.9 
A modular home may be permitted in any A, RE, SF, 2F, or MF Zoning District by SUP providing that the following requirements are met:
A. 
The dwelling meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction
B. 
Conforms to all applicable zoning standards for the respective zoning district
C. 
If affixed to a permanent foundation
D. 
The City Secretary is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article 1221f V.T.C.S.)
E. 
The modular home is placed on an approved platted lot of the City of Italy
23.10 
Mobile Food Units.
The purpose of this section is to make clear boundaries of where a mobile food unit can or cannot operate, to allow for additional considerations of the community, to recognize mobile food units' operations can be an attractive nuisance, and to promote the health and safety of patrons of Mobile Food Units, as well as the safety and enjoyment of property rights by governing the location and operations of Mobile Food Units operations within the city.
1. 
A Mobile food unit:
a. 
Must be licensed by the healthy authority designated by the city or the County of Ellis;
b. 
May be permitted to operate in zoning districts designated as Central Business District (CBD), Retail - 1 (R-1), or Commercial - 1 (C-1), and are strictly prohibited in any other zoning category;
c. 
May not be located within 50 feet of a lot with a building containing both residential and commercial use;
d. 
May not operate between the hours of 10:00 P.M. and 6:00 AM, unless there is a city-approved festival taking place and in which case modified hours will be determined at the time of issuance of the special event permit for operating at the festival;
e. 
May not operate within 300 feet of a residential zone or neighborhood; and
f. 
May not be located within 200 feet of a restaurant currently in operation.
2. 
Any usage of sound amplification equipment is prohibited before 9:00 A.M. and after 9:00 P.M.
3. 
Drive-in and/or drive-thru service is not permitted.
4. 
Exterior lighting must be hooded or shielded so that the light source is not directly visible more than fifty feet (50') from the mobile food unit.
5. 
A mobile food unit is limited to signs attached to the exterior of the mobile food unit and one detached sign within ten feet (10') of the mobile food unit (e.g., sandwich-style sign), so long as the detached sign does not impede ingress and egress of pedestrian and vehicle traffic. The signs:
a. 
If attached, must be secured and mounted flat against the mobile food unit; and
b. 
If attached, may not project more than six inches from the exterior of the mobile food unit.
6. 
During business hours, the permit holder or operator of the mobile food unit must provide a trash receptable for use by its customers. Acceptable trash receptables requirements are detailed in Chapter 4, Section 4.07.004.
7. 
A permanent water or wastewater connection is prohibited.
8. 
Electrical service may be provided only by:
a. 
Temporary service or other connection provided by an electric utility, not to conflict with Italy Fire Department requirements;
b. 
An onboard generator; or
c. 
Onboard battery powered systems installed and certified by a currently licensed master electrician.
9. 
Mobile food units that are located on the same site and in operation on the same site for longer than 3 days, must move their mobile food unit from the site for at least a 48-hour period.
10. 
Notwithstanding other requirements for a mobile food unit in Chapter 14A, a mobile food unit shall be allowed at any public park owned by the City where the operator has obtained a city permits, or where the City has hired a mobile food unit operator with City permits for concession services at a public park.
(Ordinance 173 adopted 6/7/88; Ordinance 2024-1014-01 adopted 10/14/2024)