Johnson City City Zoning Code
ARTICLE I
GENERAL
§ 1-1 Purpose and intent.
(a)
This ordinance is intended to promote the health, safety and general welfare of the public and to implement the adopted comprehensive plan for the orderly and controlled development of the city.
(b)
To accomplish these ends, this ordinance is designed to achieve the following goals and objectives:
(1)
Promote the health, safety, morals and general welfare of the citizens of the city and to create and maintain conditions under which the citizens and their environment can exist in productive and enjoyable harmony while fulfilling the social, economic and other requirements of present and future generations.
(2)
Ensure that all new developments are in general agreement and conformance with the comprehensive plan to ensure a harmonious pattern of development.
(3)
Ensure that new development will be adequately served by streets, utilities, schools, parks and other community facilities and that older developed areas can be maintained as well.
(4)
Ensure that appropriate allocations of various land uses will be provided to meet future population levels and types.
(5)
Create quality zoning controls that allow some flexibility for all districts.
(6)
Promote infill development of various types in appropriate areas to reduce urban sprawl and duplication of public services thereby saving tax dollars and preserving agricultural land.
(7)
Protect residential areas from conflicting land uses by providing adequately landscaped buffer zones between conflicting areas.
(8)
Encourage higher types of commercial, industrial and high-density development to locate at the most economic and environmentally desirable locations.
(9)
Ensure that industrial activity does not deplete the resources and quality of the land intended for current and future generations.
(10)
Reduce excessive use of signs, which cause sight restrictions and urban clutter.
(11)
Promote quality development both within the city and within the city's extraterritorial jurisdiction to direct orderly and systematic growth.
(Ordinance 16-0303 adopted 2/1/16)
§ 1-2 Conflicting ordinances.
Whenever any provision of this ordinance imposes a greater requirement or a higher standard than is required in any state or federal statute or any other city ordinance or regulation, the provision of this ordinance shall govern. Whenever any provision of any state or federal statute or other city ordinance or regulation imposes a greater requirement or a higher standard than is required by this ordinance, the provision of such state or federal statute or other city ordinance or regulation shall govern.
(Ordinance 16-0303 adopted 2/1/16)
§ 1-3 Definitions.
For the purpose of these regulations, certain terms and words are to be used and interpreted as defined in this article. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word “shall” is mandatory and not directory. All other words and terms not expressly defined shall have their general meaning, as interpreted by the zoning administrator, otherwise, Webster's Dictionary (latest edition) shall be used. It should be noted that there are other articles within this ordinance that define terms that are specific to that article.
means a structure on the same lots with, and of a size and nature customarily incidental and subordinate to, the principal structure. Examples of accessory structures include, but are not limited to, the following: detached garages and/or carports; storage structures and/or barns; freestanding greenhouses, pool houses, tennis courts; gazebos and workshops.
means a use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use.
means touching, adjoining, contiguous or abutting.
means a facility used for the management of an enterprise or research and development activities such as improving technologies, developing products and scientific research.
means the production, raising, breeding or maintenance of plants and animals including, but not limited to, forage and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horse[s] or goats, game animals, exotics, fish and any mutations or hybrids, including the breeding and grazing of any or all such species; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; nurseries; florals; ornamental and greenhouse products; or lands devoted to a conservation easement, soil conservation or forestry management program. This does not include hunting and the commercial slaughter of poultry, livestock or other animals.
means land dedicated to public use and devoted to secondary access to lots.
means any change, addition or modification in construction, [or] any change in the structural members of a building, such as walls or partitions, columns or beams or girders.
means an establishment that furnishes food and shelter to four or more persons who are unrelated to the proprietor and provides personal care services.
means a place for the dismantling, storage, trading or buying and selling of disabled and damaged vehicles. A damaged vehicle as used herein means any vehicle, which has been involved in a collision in which a reinspection is required by state law.
means a place for baking and/or selling baked goods.
means an establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant as defined in this section.
means a structure intended for the purpose of storing farming and ranching related equipment or housing livestock; such a structure shall conform with the regulations of the lot, and shall conform to all construction and design standards of the district in which it is constructed. This term also includes agricultural structure(s).
means a detached dwelling or grouping of dwellings in which rooms are rented to transient guest[s] on an overnight basis and breakfast is served.
means the Board of Adjustment of the city.
means an area of land, together with a specified amount of planting thereon, and any structures that may be required between land uses to eliminate or minimize conflicts between adjacent uses.
means any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
means the area of the building in contact with the ground.
means a structure owned and/or used by a religious organization or congregation that provides regular organized religious worship, religious training, or education of its members. The term also includes a rectory, convent, meeting hall, or offices for administration of the institution. A church may include the following accessory use in addition to the principal structure: dwelling units for religious organization personnel located within an accessory structure.
means the City of Johnson City, Texas.
means the incorporated boundary limits of the City of Johnson City, Texas.
means indoor commercial uses which by their nature are recreational, including but not limited to, bowling alleys, skating rinks, health clubs, racquetball or squash courts, indoor swimming pools, video arcades, pool halls, etc.
means outdoor commercial uses which by their nature are recreational, including but not limited to, golf courses, driving ranges, miniature golf courses, outdoor swimming pools, tennis courts, basketball courts, recreational camps, etc.
means the Planning and Zoning Commission of Johnson City, Texas.
means a periodically updated document that unifies all elements and aspects of city planning. This plan serves as a policy guide to zoning and subdivision decisions reflecting the best judgment of the staff, planning commission and the City Council.
means a use which is not automatically permitted by right, but which may be permitted within a zoning district; subject to meeting specific conditions contained in this ordinance.
means the use of a site for attached or detached condominiums, as defined under section 82.003 of the Texas Property Code.
means a nonpossessory interest held by a governmental body empowered to hold an interest in real property under the laws of this state or the United States; other qualified entity, pursuant to section 170(h) of the Internal Revenue Code (26 USC 170h), as amended; or a charitable corporation, charitable association, or charitable trust in real property that imposes limitations or affirmative obligations designed to retail [retain] or protect property or assure its availability for agricultural, forest, recreational or open space use.
means the City Council of the City of Johnson City, Texas.
means the total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot coverage.
means a facility that provides, for less than 24 hours a day, whether for profit or not, care[,] training, education, custody, treatment or supervision for more than six children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility.
means the quantity of an item per unit area. For example, the number of dwelling units per acre.
means a use where goods are received and/or stored for delivery to the ultimate customer at remote locations.
means a classification applied to any certain land area within the city stipulating the regulations of land usage and development.
means a structure or portion which is designed or used exclusively for residential purposes, including single-family, two-family, attached dwellings, multifamily dwellings and manufactured homes.
means a detached or attached residential unit, other than a manufactured home, designed for and occupied by one family only. The structure shall only be accessory to a single-family dwelling.
means a building or portion of a building that is arranged, occupied or intended to be occupied as living quarters and that includes facilities for food preparation, bathing, use of the toilet and sleeping.
means a structure or area for horseback riding activities including boarding, training, lessons and shows.
means the unincorporated area outside of and contiguous to the corporate boundaries of the city as defined and established in accordance with Texas Local Government Code ordinance [chapter] 42.
means the process of assembling using standardized parts.
means one or more persons related by blood, marriage or adoption occupying an individual dwelling unit. No single dwelling unit shall have more than four unrelated individuals residing therein.
means the ratio which is the result of dividing the total floor area of a structure by the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet, located on a lot of 40,000 square feet has a floor area ratio (FAR) of 0.5.
means an accessory building or a portion of a main building for storage of motor vehicles or parking as may be required in connection with the permitted use of the main building.
An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles. May include installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.
means an accessory building or an accessory portion of a main building designed for shelter or storage of vehicles, owned or operated by the occupants of the principal building.
means an accessory building or an accessory portion of a main building, except a private garage, used or designed to be used for the storage of motor vehicles.
means the sale of tangible personal property at retail by a person who is not in the business or does not hold himself or herself out to be in the business of selling tangible personal property at retail.
means a residential structure which is separated by a shared common wall.
means a facility for the temporary storage of large quantities of agricultural grain.
means a facility for the growing and commercial distribution of plant materials.
means an establishment for the display, preparation and retail sale of foods and associated items.
means low growing, dense spreading plants.
means a building that provides food and shelter, personal guidance, care, habitation services and supervision to persons with disabilities. It must be a community-based residential home operated by the Texas Department of Mental Health and Mental Retardation or a community center organized under section 3.01 of the Texas Mental Health and Mental Retardation Act (Texas Health and Safety Code section 534.001), or an entity subject to the Texas Non-Profit Corporation Act, or an entity certified by the Texas Department of Human Services as a provider, under the medical assistance program servicing persons in intermediate care facilities, for persons with mental retardation.
means a commercial enterprise commonly carried on within a home by a member of the occupant's family occupying the dwelling. The use of the home for commercial enterprise purposes shall be incidental and subordinate to the use of the home as a dwelling.
means an institution licensed by the state as a hospital where humans are given medical treatment.
is a building or facility, as defined in Section 11.04.001, in which the public may obtain sleeping accommodations in exchange for compensation for a period of less than 30 consecutive days. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, bed and breakfast, short-term rental unit, and any accommodation hereinafter described under State law, as amended.
means a building occupied or used as a temporary abiding place of individuals or groups of individuals who are lodged with or without meals for compensation for periods of one calendar month or more.
means the area of the lot remaining after subtracting out the area included in the required buffer yard.
means a commercial laundering establishment which cleans clothing, carpeting, drapes and other cloth or synthetic fiber materials using a chemical process. Such establishments may also include self-service laundering facilities.
means a dwelling unit that allows 25 percent (25%) of the floor area to be used as work space, subject to home occupation limitations.
means an open, hard-surfaced area of land other than a street or public right-of-way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
means a designated parcel, tract or area of land established by a plat or otherwise permitted by law to be used, developed or built upon as a unit.
means the net area of a lot exclusive of any portion of streets, alleys or rights-of-way.
means a lot abutting upon two or more streets at their intersection.
means the average horizontal distance between the front and rear lot lines.
means any lot other than a corner lot.
means a boundary of a lot.
means that lot line adjacent to street right-of-way. In the case of a corner lot, only one lot line shall be designated as the front lot line.
means that lot line opposite the front lot line of said lot not intersecting with the front lot line.
means any lot line which intersects the front lot line of said lot.
means a parcel of land, the dimensions of which are shown on a recorded plat on file with the county clerk.
means the straight line distance between the side lot lines, measured at the two points where the front building line intersects the side lot lines.
means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. This term does not include a recreational vehicle.
means a tract of land that is subdivided and platted for individual ownership of HUD-code manufactured homes.
means an establishment that provides massage or other physical therapy by licensed physical therapists.
means a walk-in facility for medical, obstetrical or surgical care limited to day use only.
means an efficient single-family dwelling unit that has a minimum of 300 square feet and a maximum of 750 square feet. For the purposes of this ordinance, micro housing shall be located within planned and approved micro housing districts.
means any premises where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. This definition shall also include facilities for the temporary storage of loads and cargo prior to shipment.
means a building that contains more than two dwelling units. The term includes Multifamily Dwelling Unit contained within Article 4.07 Hotel/Short-term Rental Unit Permit Registration and Regulations of this Code.
means a home for the aged, chronically ill or incurable persons who are unable to care for themselves and in which three or more persons not of the immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
means an enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle.
means an area used for the storage of motor vehicles located wholly within a single lot whose use is dedicated to that particular lot.
means the storage of large quantities of materials or products associated with an industry or business. Such storage requires a structure designed for and/or devoted to the containment of the item or items, such as an oil storage tank or grain elevator.
means an area not within a building designed and used for the storage of motor vehicles.
means usable space within a public or private parking area, or a building of sufficient size and area, exclusive of access drives, aisles or ramps, for the storage of one properly spaced passenger automobile or commercial vehicle.
means a paving material that permits water penetration.
means that use of a lot which is among the uses allowed as a matter of right, and subject to the restrictions of the zoning district.
means a motorized vehicle or non-motorized trailer designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks.
means a structure that prepares and serves food to customers, including sit-down, fast-food, drive-through and drive-in facilities. At least 51 percent (51%) of the gross income shall be derived from the sale of prepared food.
means a business established for the sale of goods or services to consumers, usually in small quantities (as opposed to wholesale).
means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which a governmental entity has an interest.
means that area within the public right-of-way (ROW) between the back of curb or edge of pavement and the right-of-way boundary line.
means roadside stands or other temporary structures constructed for the sale of agricultural or horticultural products raised substantially on the premises.
means a facility that provides curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.
means the establishment of an opaque fence or barrier for the purpose of obscuring a particular land use, structure or activity from sight.
means a structure or portion of a structure used for storage, mainly of excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals.
means the minimum distance between by which any building or structure must be separated from a street right-of-way or lot line.
means a group of commercial establishments planned, developed and managed as a unit, related in location, size and type of shops to the trade area that the unit serves, and which provides on-site parking.
means a building that contains only one living unit.
means the comprehensive evaluation and compliance of a development and its impact on neighboring properties and the community as a whole, from the standpoint of land use, site design, landscape design, architecture, lighting, signs, health and safety, other adopted standards and criteria of this ordinance, and all other adopted codes and ordinances of the city.
means a form of approval granted by the Board of Adjustment (BOA) waiving all or certain provisions of an ordinance. An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district; a special exception is granted by the BOA.
means the State of Texas.
means that portion of a structure included between the surface of any floor and the surface of the floor directly above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided that a room, suite or story with more than one-half of its height below grade shall not be considered a story for the purposes of height regulations.
means a public or private thoroughfare right-of-way which affords the principal means of access to abutting property. The term “street” shall include avenue, drive, circle, road, boulevard, highway or any other similar term.
means the division or re-division of land into two or more lots, tracts, sites or parcels.
means radio, wireless telephone, television, microwave, short wave radio and/or any other tower used exclusively for communication purposes.
means a structure or area for the presentation of plays, motion pictures, concerts, etc.
means a facility for the washing of vehicles having a gross vehicle weight of greater than 11,000 pounds.
means a facility for the parking, refueling and repair of tractor-trailer trucks. These facilities may also include retail sales of food or other items and temporary sleeping quarters.
means previously used asphalt or previously used asphalt mixed with dirt, sand, gravel, rock, concrete or similar nonhazardous material.
means a form of approval granted by the Board of Adjustment (BOA) waiving all or certain provisions of an ordinance. An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district; a special exception is granted by the BOA.
means the storage in an enclosed building of materials and goods. This definition also includes all office, distribution and sales space. This definition does not include motor freight terminals or railroad freight terminals.
means the sale of commodities for the purpose of resale, as to retailers rather than directly to consumers.
means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the front building line.
means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the rear building.
means an open space extending from the required front yard to the required rear yard, the width of which is the minimum horizontal distance between the side lot line and the side building line.
means a home that is permitted to be located all the way, or very close to, the edge of the lot in order to maximize usable space. It may or may not have common wall construction between neighboring homes.
means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
means the person designated by the City Council to receive and process plats, site plans, amendments to this ordinance, the zoning map or the comprehensive plan.
means a classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.
means the official zoning map of the city upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance together with all amendments thereto.
(Ordinance 16-0303 adopted 2/1/16; Ordinance 22-0603 adopted 6/7/2022)
§ 1-4 Zoning upon annexation.
(a)
All territory hereafter annexed into the city shall be classified as Single-Family Residential (SF).
(b)
The zoning of a land parcel after annexation must meet the requirements for notification and public hearings as set forth in this ordinance and all other applicable state laws.
(c)
The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation. No annexation application may be made conditioned upon the approval of any particular zoning classification.
(Ordinance 16-0303 adopted 2/1/16)