Johnson City City Zoning Code
Division 5
General Regulations
§ 14.02.211 Purpose.
This purpose of this Article is to provide regulations, in addition to those regulations and requirements of each Zoning District, applicable to a building, structure, or tract of land within the City limits, regardless of the Zoning District designation.
§ 14.02.212 Certificate of use and occupancy.
(a)
Certificate required.
No commercial building, tenant space, or similar structure shall be used, occupied, or changed in use until a Certificate of Use and Occupancy has been issued by the City stating that the commercial building, tenant space, or similar structure complies with the International Building Codes, maximum occupant loads, and the provisions of this article. A change in use shall mean any change in the occupancy of a commercial building, tenant space, or similar structure.
(b)
Violation.
A Certificate of Use and Occupancy shall become null and void upon violation of this article. On remediation, a new Certificate shall be required.
§ 14.02.241 Accessory buildings, associated living quarters, and storage buildings.
(a)
Accessory and storage buildings.
Accessory and storage buildings are permitted in Zoning Districts in accordance with the Schedule of Uses.
(1)
Accessory and storage buildings are permitted only in connection with, incidental to, and on the same lot as a principal structure which is in use and permitted in such District.
(2)
With the exception of non-portable permanent carports built on a foundation, accessory and storage buildings shall not be placed in a front yard.
(3)
No accessory or storage building shall be placed within the limits of a recorded easement, alley, or required fire lane.
(4)
Unless otherwise regulated within Division 4 of this article, no accessory or storage building shall exceed two (2) standard stories in height.
(5)
Unless otherwise regulated within Division 4 of this article, an accessory or storage building may be constructed in side and rear yards, provided such structure does not occupy more than 20 percent of the area of the required side or rear yards and is not located closer than five feet (5') to any lot line. Non-portable permanent carports built on a foundation may be located in a front yard, provided they are not located closer than five feet (5') to any lot line.
(6)
Swimming pools may be located within required side or rear yards, provided that such pools are not located closer than ten feet (10') to a side or rear lot line. Swimming pools are not permitted in front yards. A pedestrian space of at least three feet (3') in width shall be provided between pool walls and the protective fence or barrier wall of a pool.
(b)
Associated living quarters.
Unless otherwise authorized in section 14.02.151 Single-Family Residential District herein pertaining to maximum allowable dwelling units per parcel, only one (1) associated living quarters is permitted per tract in a residential Zoning District, but only in connection with, incidental to, and on the same lot as, a principal structure which is in use and permitted in such District. Associated living quarters are subject to the following:
(1)
The floor area of an associated living quarters shall not exceed two hundred fifty square feet (250 sq. ft.) or twenty-five percent (25%) of the existing floor area of the main building, whichever is greater;
(2)
The associated living quarters shall include a restroom facility;
(3)
The associated living quarters shall be compatible with the aesthetics of the primary residence and surrounding neighborhood; and
(4)
No more than two unrelated individuals shall reside in an associated living quarters.
§ 14.02.242 Walls; fences.
Unless otherwise regulated within Division 4 of this article, a wall, fence, berm, and similar item restricting passage or vision or enhancing private property may be located within a required yard, except as follows:
(1)
A wall or fence located within the front yard shall not exceed a height of forty-eight inches (48"), as measured from the grade at the point of placement. A wall, fence, or similar item, other than landscaping, shall not exceed a maximum height of eight (8) feet within a rear yard. A rear yard fence that is taller than 48 inches may be extended to the front corner of the primary structure. A fence in the rear yard on a corner lot shall meet the side yard setback adjacent to the right-of-way line in the respective zoning district;
(2)
In the Industrial and Highway Commercial Corridor Districts, a wall or fence which is clearly used for safety or security purposes must comply with the administrative rules and statutory regulations of the Texas Department of Transportation;
(3)
A wall, fence, hedgerow, or other dense landscaping on a corner lot shall not exceed 24 inches in height. Items over 24 inches shall be located at least 20 feet from the intersection of a street right-of-way line;
(4)
A wall or fence that adjoins property lines in a residential district shall not be electrified, barbed, or otherwise secured in a manner inappropriate or dangerous to the neighborhood. Such restrictions are waived for agricultural uses;
(5)
A fence, shrub, or wall may be installed in an easement, subject to the City's or a utility company's ability to remove the structure at the Owner's expense if access is deemed necessary; and
(6)
These provisions shall not be interpreted to prohibit the erection of an open-mesh type fence enclosing any school or playground site or business or industrial activity for security purposes.
§ 14.02.243 Outside storage and display.
(a)
Outside storage, display, or sale of goods, products, or merchandise is permitted in a zoning district in accordance with the Schedule of Uses of this article.
(b)
Outside storage limitations shall not apply to:
(1)
Merchandise dispensing units in a quantity of three (3) or fewer placed adjacent to a building for any one business establishment when such merchandise dispensing units are being used in connection with the operation of a convenience food store, service station, grocery, supermarket, or combination thereof;
(2)
Storage, display, and sale of newspapers and related publications in newspaper racks;
(3)
Outside display of greenhouse merchandise; or
(4)
Temporary outdoor services, such as mobile blood banks, health screenings, and veterinary care.
(c)
Temporary outdoor sale of merchandise is permitted, provided it is conducted:
(1)
For a period not exceeding five (5) consecutive days once a month or not exceeding 30 consecutive days within the calendar year;
(2)
By a building tenant holding a current certificate of occupancy;
(3)
For merchandise ordinarily sold on the premises by the building tenant;
(4)
Does not encroach into the right-of-way from all property lines; and
(5)
With a special event permit issued by the City not more than 90 days prior to each event.
(d)
Except as necessary for ongoing construction activity, the storage or overnight parking of a truck or commercial vehicle defined and prohibited within Municipal Code of Ordinances chapter 12 Traffic and Vehicles, article 12.05 Truck Routes is prohibited in any residential zoning district.
(e)
In residential zoning districts, motor homes and recreational vehicles may be used for any form of habitation on a residential lot for thirty (30) consecutive days with a renewable permit issued by the City. The vehicle may be connected to municipal utilities if:
(1)
The vehicle has a backflow prevention device for water; and
(2)
The vehicle owner applies for and receives a permit from the City.
§ 14.02.244 Home occupation.
(a)
Home occupations are permitted in any residential zoning district in accordance with the following:
(1)
Only by a person(s) residing on the premises;
(2)
Shall not alter the appearance of the residential dwelling unit or the lot on which it is located;
(3)
No outside storage or display;
(4)
Be conducted entirely within the residential dwelling unit;
(5)
Not involve equipment which conflicts with the intent of the residential nature of the community;
(6)
Not involve the use or storage of explosives or flammable or hazardous materials;
(7)
Not involve any process that produces smoke, dust, odor, noise, or vibration which is harmful to surrounding properties;
(8)
Not involve the delivery and storage of materials at a frequency beyond that which is reasonable within a residential zoning district;
(9)
Not generate traffic to and from the home in excess of what is normally associated with a single-family dwelling unit;
(10)
No exterior signage indicating that the dwelling unit is being utilized for any purpose other than that of a residential dwelling unit; and
(11)
Shall not consist of any activity incompatible with the adjacent land uses.
(b)
The following uses are prohibited as home occupation uses:
(1)
Auto repair or paint shop;
(2)
Adult entertainment businesses;
(3)
Medical and dental clinics;
(4)
Nursing homes, convalescent homes, and adult care facilities with occupancy over two (2) persons;
(5)
Restaurants;
(6)
Wrecking and towing service;
(7)
Welding and machine shops;
(8)
Lawn equipment repair; or
(9)
A use deemed incompatible with adjacent or surrounding land uses.
§ 14.02.245 Group home.
(a)
A group home shall be located not less than 1,000 linear feet from any other group home, child care facility, or school, as measured from the nearest boundary of the site on which the other group home, child care facility, or school is located.
(b)
No structural alterations shall be made to a building to cause the group home to be substantially distinguishable from other surrounding properties.
(c)
A group home shall meet all State licensing requirements.
(d)
No exterior signage is allowed for a group home, except for signage allowed for a residence within a residential area.
§ 14.02.246 Pre-existing mobile and manufactured homes.
A mobile or manufactured home in existence prior to the effective date of this article and located within the City limits and outside of the Manufactured Home District may be replaced with a mobile or manufactured home, provided that the replacement is a newer year model mobile or manufactured home and is at least as large in living space as the prior mobile or manufactured home. The number of mobile or manufactured home replacements is not limited, except when a mobile or manufactured home is removed from the property and not replaced with another mobile or manufactured home within one hundred eighty (180) calendar days. Upon the lapse of the 180 calendar day period, a mobile or manufactured home is no longer allowed within a Zoning District that prohibits the installation of mobile or manufactured homes.
