La Feria City Zoning Code
§ 4
ZONING DISTRICTS GENERALLY.
A.
ESTABLISHMENT OF DISTRICTS
For the purpose of this ordinance, the City of La Feria, Texas, is hereby divided into thirteen (13) zoning districts as follows:
“AG” | – | Agricultural District |
“R-1” | – | Single Family Residential District |
“R-2” | – | Single Family Residential District |
“R-3” | – | Single Family Residential District |
“D” | – | Two Family (Duplex) Residential District |
“MF” | – | Multi-Family District |
“MH” | – | Mobile Home District |
“LC” | – | Light Commercial |
“C-1” | – | Restricted Commercial District |
“C-2” | – | General Commercial District |
“I” | – | Industrial District |
“PD” | – | Planned Development District |
“FP” | – | Floodplain District (overlay district) |
B.
NEWLY ANNEXED TERRITORY
(1)
Annexed Territory to be Zoned R-1
All territory hereafter annexed to the city shall be temporarily zoned as “R-1” District, until permanent zoning is established by the city commission, except as provided in paragraph (3) below. The procedure for establishing permanent zoning on newly annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.
(2)
Regulations for Temporary R-1 Districts
In an area temporarily classified as R-1:
(a)
No person shall erect, construct or add to any building or structure or cause same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the city as required herein.
(b)
No permit for the construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in R-1 District(s) unless and until such territory has been permanently zoned.
(c)
An application for a permit for any use other than that specified above shall be made to the city commission for their consideration and recommendation. The city commission in making its recommendation shall take into consideration the appropriate land use for the area and the overall plans for the city. The city commission may, by majority vote, authorize the issuance of such building permit or certificate of occupancy or may disapprove the application as their findings may indicate it is inappropriate in the public interest.
(3)
Concurrent Rezoning and Annexation
Application(s) for permanent zoning of a newly annexed area may be considered by the city at the same time as the area is being considered for annexation, although annexation procedures must be completed prior to any final zoning actions by the city commission.
C.
GENERAL COMPLIANCE WITH DISTRICT REGULATIONS
The regulations established by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, and in accordance with the following:
(1)
Conformity with District Required
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, reconstructed, enlarged or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
Height and Lot Coverage to Conform with District Regulations
No building or other structure shall hereafter be erected, reconstructed, enlarged or structurally altered to exceed the height or to occupy a greater percentage of lot area in which it is located.
(3)
Height and Area Exceptions
The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces shall be subject to the following exceptions:
(a)
Chimneys, noncommercial television receiving antennas, and satellite dishes as part of a residential development or use are hereby excepted from the height regulations as established herein.
(b)
Church steeples or spires, cooling towers, tanks, water towers, microwave radio and television relay or broadcasting towers, mast or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations as established herein; provided, a specific use permit or variance is granted.
(c)
When a lot has an area less than the minimum number of square feet as required for the district in which it is located, and was of record as such at the time of the passage of this zoning ordinance, such lot may be continued to be occupied or used. However;[,] no building or structure shall be erected, reconstructed, enlarged or structurally altered unless a variance has been granted.
(d)
An open, uncovered porch or paved terrace may project into a required front or back yard for a distance of not more than ten (10) feet, but shall not be interpreted to include or permit fixed canopies.
(4)
Yards to Conform with District Regulations
(a)
Except as provided in subsection (b) below, no building or other structure shall have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner be contrary to the provisions of these regulations unless existing at the time of passage of this ordinance, in which case, they shall not be further reduced in size.
(b)
When forty percent (40%) or more of the lots on one side of a block between intersecting streets, were developed with a shallower front setback than is currently required in the zoning district, new development, including alteration of existing structures, may adhere to the setback established by the existing development.
(c)
When forty percent (40%) or more of the lots on one side of a block between intersecting streets, were developed with a deeper front setback than is now generally required for the zoning district, new development, including alteration of existing structures, shall adhere to the setbacks established by the existing development.
(5)
No Yard or Other Integral Component Required for Any Building Shall be Counted Twice
No part of a yard or other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations shall be included as a part of a yard, open space, off-street parking or loading space similarly required for any other building.
(6)
Visibility at Intersections Required
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially interfere with visibility across the corner. Clear visibility must be maintained within the triangle created by measuring twenty feet (20') along the two intersecting property lines, from the point where they intersect, and between two and one-half feet (2.5') and ten feet (10') in height from the ground.
(7)
Special Scenic Corridor Regulations
All property within one thousand (1,000) feet of Expressway 83, within three hundred feet (300') of Business Highway 83 (East and West), and within one hundred and fifty (150') feet of Main Street (North and South) shall adhere to special design guidelines and development standards in addition to its standard or base zoning. These guidelines and standards regulate building design and placement, landscaping, screening and buffering, signage, and lighting and are regulated through such standards as adopted by an ordinance of the La Feria City Commission and which is on file in the office of the city manager. See Scenic Corridor Ordinance # 92-10.
(8)
Television Satellite Dishes
(a)
One (1) television satellite dish per single family residential dwelling and one (1) per apartment (multifamily) complex or mobile home park shall be permitted as an accessory use incidental to the main use, under the following conditions:
(i)
the dish shall not exceed ten and one-half feet (10-1/2') in diameter;
(ii)
the dish shall not be erected in front of the main building or the front building line;
(iii)
the overall height of the dish, at any position, shall not exceed twelve and one-half feet (12-1/2');
(iv)
the dish shall not be erected closer than five feet (5') from the rear property line or side property line;
(v)
a screening fence, wall or hedge shall be erected, grown and maintained around the dish, wherever installed, unless a six foot (6) backyard fence or wall around the perimeter of the backyard is already in place;
(vi)
roof-top installations of dishes are prohibited; and
(vii)
no lettering, logo or any form of advertising or other writing shall appear on the face or back of such satellite dishes, except the name of the manufacturer, distributor or seller of such dish, and provided the lettering does not exceed two inches (2") in height.
(b)
One (1) television satellite dish per building in all nonresidential districts shall be permitted as an accessory use incidental to the main use, under the following conditions:
(i)
the dish shall not be erected in front of the main building or the front building line;
(ii)
when the occupancy is adjacent to a residential district, the overall height of the dish, at any position, shall not exceed more than ten feet (10') in height when located closer than twenty-five feet (25') to a residential district; twenty feet (20') in height when located closer than fifty feet (50'); thirty feet (30') in height when located closer than one hundred feet (100'); forty feet (40') in height when located closer than one hundred fifty feet [sic] hundred feet (100'); forty feet (40') in height when located closer than one hundred fifty feet (150'); sixty feet (60') in height when located closer than two hundred feet (200'); or seventy feet (70') in height when located closer than two hundred fifty feet (250');
(iii)
the dish shall not be erected closer than five feet (5') from the rear property line or side property line; and
(iv)
no lettering, logo or any form of advertising or other writing shall appear on the face or back of such satellite dishes, except the name of the manufacturer, distributor or seller of such dish, and provided the lettering does not exceed two inches (2") in height.
(9)
Fences and Walls
(a)
General Standards.
(i)
For purposes of this section, “residential districts” include R-1, R-2, D, R-3, MF and MH.
(ii)
Generally, fence posts and horizontal rails shall face into the lot or parcel being fenced rather than towards the right-of-way or neighboring property. One exception to this general rule is when a new fence is to be erected immediately adjacent to an existing fence or wall in which case the support members of the proposed fence may face the existing wall or fence. “Good neighbor fences,” that is, fences where the vertical elements are alternated on either side of the horizontal elements, are encouraged.
(b)
Materials.
(i)
Fences and walls shall be constructed of durable materials such as weather-resistant, painted, or stained and sealed wood; ornamental wrought iron or powder-coated aluminum; cement fiberboard or vinyl; masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone, but not unfinished concrete block); or combinations of these materials;[.]
(ii)
Fences may not be constructed of scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic or fiberglass sheets, or spikes, nails, or other comparable sharp points. No barbed, razor or concertina wire shall be used on any fence in any residential zoning district.
(iii)
Front yard fences must be at least fifty percent (50%) transparent. However, chainlink fences (also known as hurricane fences or cyclone fences) are not allowed in front yards of the R-1 District.
(c)
Height.
Subject to the compliance with the height limit applicable within the vision clearance triangle on corner lots, the maximum height of fences or walls [in] residential districts shall be as follows.
(i)
On lots that are less than one acre in size:
a.
in front of the minimum front building setback line - five feet (5');
b.
along the rear lot line in a residential district - six feet (6');
c.
along the side lot line, behind the front set-back line - six feet (6'); and
d.
along the side lot line, in front of the front set-back line - five feet (5').
(ii)
On lots that are one acre or larger in size, fences and walls on side and rear lot lines shall not exceed seven feet (7') in height. A fence or wall along the front property line must maintain at least fifty percent 50% transparency.
(d)
Subdivision plats.
(i)
When creating more than nine lots in a subdivision, a plat note shall specify whether or not fences are permitted in front yards and side yards that face streets.
(ii)
In the event of a conflict between the standards and rules contained in this section and one stated on a recorded plat, the stricter provision shall prevail.
(iii)
When a residential subdivision plat creates lots with “reverse frontage,” a plan to establish common fencing or a wall on the rear property line must be established as part of the subdivision approval process. Fences on the reverse frontage must be set-back a minimum of three feet (3') from the ROW and landscaping installed between the property line and ROW. Access to maintain landscaping must be provided. If the rear yards face front [of] an arterial or higher capacity roadway, the fence shall be finished with brick, stone, or painted stucco.
D.
SCHEDULE OF DISTRICT REGULATIONS ADOPTED
The following table of district regulations is hereby adopted and shall be considered as part of each applicable zoning district regulations as hereafter described in this ordinance:
AG | R-1 | R-2 | R-3 | D | MF | MH | LC | C-1 | C-2 | I | |
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot area (sq. ft.) | 1 Acre | 9,000 | 6,000 | 5,000 | 6,000 | (a) | 3,000* 5,000** | 3,000 | 3,000 | 3,000 | N/A |
Minimum lot width (ft.) | N/A | 80 | 50 | 50 | 50 | 75 | 40* 50** | 25 | 25 | 25 | N/A |
Minimum lot depth (ft.) | N/A | 100 | 90 | 90 | 100 | 120 | 75* 100** | 120 | 120 | 120 | N/A |
Front yard setback (ft.) | 25 | 25 | 20 | 20 | 20 | 20 | 20 | (c) | (c) | (c) | (c) |
Rear yard setback (ft.) | 25 | 25 | 25 | 20 | 20 | 15 | 15* 20** | (b) | (b) | (d) | (d) |
Side yard setback (ft.), Interior lot | 25 | 7.5 | 5 | 5 | 7.5 | 7.5 | 5 | (e) | (e) | (e) | (e) |
Side yard set back (ft.), Corner lot | 15 | 15 | 15 | 15 | 15 | 15 | 7.5 | 15 | 15 | 15 | 15 |
Aggregates of side yard | 12 | 12 | 12 | 12 | 12 | 12 | 12 | None | None | None | None |
Maximum height in (stories) (ft.) | 2.5 35 | 25 35 | 2.5 35 | 2.5 35 | 2.5 35 | 3 45 | 1.5 22.5 | 3 45 | 3 45 | 10 125 | 8 100 |
Maximum lot coverage | 40% | 40% | 40% | 40% | 40% | 50% | 50% | N/A | N/A | N/A | 50% |
Minimum living area, excludes garage (sq. ft.) | 1,000 | 1,500 | 1,200 | 1,000 | 1,000/unit | (f) | 450 | N/A | N/A | N/A | N/A |
Notes: | |
|---|---|
* | pertains to mobile home park. |
** | pertains to indivpertains to mobile home park.idually owned mobile home lots. |
(a)
The minimum lot area for multifamily dwellings shall be 2,000 square feet per apartment.
(b)
For mobile home lots which are individually owned, the minimum lot area shall be three thousand seven hundred and fifty (3,750) square feet when a public sewer system is available or twenty-one thousand seven hundred eighty (21,780) square feet or one-half acre where no public sewer system is available and septic tanks are used for sewage disposal.
For mobile home parks, the minimum lot area shall be at least three (3) times larger than the mobile home to be placed thereon and in no event less than three thousand (3,000) square feet in area when a public sewer system serves the park. Where no public sewer system is available and septic tanks are used for sewage disposal, the minimum lot area shall be twenty-one thousand seven hundred eighty (21,780) square feet or one-half acre per mobile home lot or space. |
(c)
No front yard or setback is required except where a lot adjoins a residential district or lot, in which instance the front yard in the residential district shall be provided for a distance of not less than twenty-five (25) feet from the boundary of said residential district.
(d)
No rear yard setback required except that a rear yard of not less than fifteen (15) feet in depth shall be provided upon that portion of a lot adjoining or abutting upon a residential district or lot.
(e)
No side yard shall be required except that a side yard of not less than six (6) feet in width shall be provided on the side of a lot adjoining a residential district.
(f)
The minimum living area per unit shall be five hundred (500) square feet for an efficiency, six hundred fifty (650) square feet for one (1) bedroom, eight hundred (800) square feet for two (2) bedrooms, and nine hundred (900) square feet for three (3) bedrooms. However, the average living area for all apartments in an apartment building must be a minimum of eight hundred (800) square feet.
(Ordinance 2008-03 adopted 1/10/08; Ordinance 2011-03, sec. 1, adopted 2/8/11; Ordinance 2011-03, sec. 4, adopted 2/8/11; Ordinance 2012-15, sec. I, adopted 11/6/12; Ordinance 2012-15, sec. II, adopted 11/6/12)