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Mount Pleasant City Zoning Code

GENERAL PROVISIONS

§ 155.01 TITLE.

   This chapter shall be known and may be cited and referred to as the Zoning Ordinance of the City of Mount Pleasant, Texas.
(`87 Code, Zoning Ordinance, Art. I, § 1)

§ 155.02 PURPOSE.

   (A)   It is declared to be the intent and purpose of this chapter to promote and protect the health, safety, comfort, convenience, prosperity and general welfare of the citizens of Mount Pleasant by assuring quality development to allow for proper economic growth which conforms to a comprehensive plan of the city. It is further declared that the purpose of this chapter is:
      (1)   To promote the stability of existing land uses that conform with a comprehensive plan and to protect them from unharmonious influences and harmful intrusions;
      (2)   To promote a harmonious, convenient, workable relationship among land uses;
      (3)   To encourage quality development through effective planning which utilizes modern innovations of urban design;
      (4)   To promote and protect the aesthetic quality of the city by conserving and enhancing the taxable values of land and buildings throughout the city;
      (5)   To protect and enhance areas of scenic, historic or cultural importance;
      (6)   To provide adequate light and air;
      (7)   To encourage proper population densities and prevent the overcrowding of structures;
      (8)   To provide adequate protection for community investments in water, streets, sewerage, schools, parks and other community facilities;
      (9)   To promote a safe, effective traffic circulation system; and
      (10)   To provide safety from fire and other dangers.
   (B)   The city is divided into zones or districts, redistricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; to regulate the intensity of the use of lot areas and to regulate and determine the area of open spaces surrounding such buildings; to establish building lines and locations of buildings designed for specified industrial, business, residential and other uses within such areas; to fix standards to which buildings or structures shall conform therein; to prohibit uses, buildings or structures incompatible with the character of such districts, respectively; to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restriction; and limitations lawfully imposed hereunder, providing for the gradual elimination of nonconforming uses of land, buildings and structures.
(`87 Code, Zoning Ordinance, Art. I, § 2)

§ 155.03 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular and use of any gender shall be applicable to all genders; the word “shall” is mandatory and not directory;
   ACCESSORY BUILDING OR USE. A subordinate building, or portion of the main building, the use of which is incidental or secondary to that of the dominant or primary use of the main building or land. An accessory use is one which is incidental or secondary to the main use of the premises.
   ALLEY. A public way which provides only a secondary means of access to abutting property.
   APARTMENT. A room or group of rooms in a multi-family dwelling arranged, designed or occupied as a place of residence by a single-family, individual or group of individuals.
   BASEMENT. A building story which is partly underground but having at least ½ of its height above the average land of the adjoining ground. A BASEMENT is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes by other than a janitor employed on the premises.
   BILLBOARD. Any single detached sign exceeding 250 square feet in gross area and used as an outdoor display for the purpose of making known, advertising or displaying anything shall be determined to be a billboard.
   BLOCK. An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street.
   BOARDINGHOUSE. A building other than hotel where for compensation and by prearrangement for definite periods meals or lodging and meals are provided for three or more persons but not exceeding 15 persons.
   BUILDING. Any structure built for the support, shelter, enclosure or protection of persons, animals, chattels or property of any kind. BUILDING includes the term STRUCTURE.
   BUILDING HEIGHT. The vertical distance measured from the sidewalk level or from the natural ground level if higher (or if no street grades have been established) to the highest point of a flat roof or to the deck line of a mansard roof or to the average height level between eaves and ridge for a gable, hip or gambrel roof.
   BUILDING INSPECTOR. The person charged with the enforcement of building codes of the City of Mount Pleasant.
   BUILDING LINE. A line parallel or approximately parallel to the street line at a specified distance, thereby establishing the minimum distance from the street line that a building may be erected.
   CARGO OR SHIPPING CONTAINERS. Sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, used in intrastate, interstate and international commerce for the shipment of goods and merchandise.
   CARPORT. A roofed but otherwise unenclosed structure designed to shelter an automobile.
   CELLAR. A story having more than ½ its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
   CERTIFICATE OF OCCUPANCY. An official certificate issued by the city through the enforcing official which indicates conformance with the zoning regulations and authorizes legal use of the premises for which it is issued.
   CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN. A sign or portion of a sign, that displays an electronic image or video, which may or may not include text, including any sign or portion of a sign that uses changing lights or similar form of electronic display such as LED to form a sign message or messages with text and or images wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. This definition includes without limitation television screens, digital screens, flat screens, LED displays, video boards, and holographic displays. This includes any sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.
   CLINIC. An institution or station for the examination and treatment of outpatients.
   CONVALESCENT OR NURSING HOME. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.
   COURT. An open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanently open space.
   COVERAGE. The percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of two feet from the walls of a building shall be excluded from coverage computations.
   DAY. Means the portion of one calendar day from sunrise to sunset.
   DAY CARE CENTER. A facility that provides care for more than six children for all or part of the 24-hour day, but excluding a facility that regularly provides care in the caretaker’s own residence for not more than six children under 14 years of age, excluding the caretaker’s own children, and that provides care after school for not more than six additional school-age children (the total number is no more than 12 at any time).
   DISTRICT. Any section of the City of Mount Pleasant within which the zoning regulations are uniform.
   DRIVE-IN RESTAURANT. An establishment serving food and drink to customers in their cars. This definition does not include an establishment which serves customers through drive-in windows and which provides limited seating within the building.
   DWELLING, ONE-FAMILY. A detached building having accommodations for and occupied exclusively by one-family.
   DWELLING, TWO-FAMILY. A detached building having separate accommodations for and occupied exclusively by two families living independently of each other.
   DWELLING, MULTIPLE-FAMILY. A building designed for and occupied by three or more families living independently of each other.
   DWELLING UNIT. A building or portion of a building which is designed for or used for residential purposes.
   EFFICIENCY APARTMENT. An apartment having a combination living and bedroom (no separate bedroom).
   FAMILY. One person or two or more persons related by blood, marriage or legal adoption or a group of not more than three unrelated persons occupying a dwelling unit. A group of people occupying a boardinghouse, dormitory, lodging house, fraternity, hotel or similar establishment shall not be construed as a family.
   FLASHING SIGN. Means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention, utilizing a lighting source such as an incandescent or flurorescent light bulb, LED or other source of illumination.
   FLOOR AREA. The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.
   FRONTAGE. All the property abutting on one or more walls common with the principal building by an enclosed porch or passageway, the roof of which is a part or extension of the roof of the principal building.
   GARAGE, ATTACHED. A garage which has one or more walls common with the principal building by an enclosed porch or passageway, the roof of which is a part or extension of the roof of the principal building.
   GRADE. This term includes the following:
      (1)   For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
      (2)   For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets;
      (3)   For buildings having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building;
      (4)   Any wall approximately parallel to and not more than 15 feet from a street line is to be considered as adjoining the street. Where sidewalks do not exist, the grade shall be as established by the office of the Director of Public Works.
   HOME BEAUTY SHOP. The business, practice or trade of hair dressing or cosmetology within a residential dwelling.
   HOTEL. A building in which lodging or boarding are provided for more than 12 persons and is offered to the public for compensation and in which entrance and exit to and from all rooms are made through an inside lobby or office supervised by an individual on duty at all times. A HOTEL is available to the transient public in contrast to the boardinghouse, a rooming house or an apartment, which are herein defined separately.
   INSTITUTION. A building occupied by a nonprofit corporation or nonprofit establishment for public use.
   LANDSCAPING. The creation of an aesthetic effect by the use of a combination of plant material, including but not limited to grass, trees, shrubs, planters, brick, stone, natural forms, water forms, aggregate and other features.
   LED. Light emitting diode.
   LOADING SPACE. A space within the main building or on the same lot, providing for the off-street standing, unloading or loading of trucks or trailers.
   LOT. Land occupied or to be occupied by a building and its accessory buildings and including such open spaces as required under this chapter and having its principal frontage upon a public street or officially approved place. LOT includes the terms PLOT, TRACT, or PARCEL OF LAND.
   LOT AREA. The net area of the lot not including portion of streets or alleys.
   LOT, CORNER. A lot situated at the junction of two or more streets.
   LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
   LOT, INTERIOR. A lot other than a corner lot.
   LOT, KEY. A corner lot in which the rear lot line of a structure abuts the side lot line of another structure which fronts a side street.
   LOT LINES. The lines bounding a lot as defined herein.
   LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
   LOT WIDTH. The distance between the side lot lines measured along the building setback line when one is required and otherwise along the street line; in the case of an irregularly shaped lot, the width of the lot shall be the average of the greatest and least distances between the side lot lines.
   MOBILE OR MANUFACTURED HOME. A structure capable of being towed by a motor vehicle, transportable in one or more sections, which, in the traveling mode, is 8 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. The structure is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The term MOBILE or MANUFACTURED HOME shall include the plumbing, heating, air conditioning and electrical systems contained within the structure.
   MODULAR HOME. A dwelling that is manufactured in two or more modules at a location other than the homesite and which is designed to be used as a residence when the modules are transported to the homesite and the modules are joined together on a permanent and conventional foundation. The term MODULAR HOME shall include only those structures with composition roofs, with a pitch greater than a 2½-foot rise for every 12 feet of run. The term also includes the plumbing, heating, air conditioning and electrical systems contained in the structure. However, the term MODULAR HOME shall not mean or apply to:
      (1)   Sectional or panelized housing in which the basic components assembled at a homesite are not at least three-dimensional modules;
      (2)   A ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location;
      (3)   A home constructed in modules incorporating concrete or masonry as the primary structural component.
   MOTEL OR MOTOR COURT. A building or group of buildings used for the temporary residence of motorists or travelers.
   NIGHT. The portion of two calendar days from sunset to sunrise.
   NITS. Candela per meter square – used as a measurement of brightness.
   NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this chapter which does not conform after the passage of this chapter with the district in which it is situated.
   PARKING AREA. An open unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
   PARKING LOT. An open, surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.
   PLACE. An open, unoccupied space or thoroughfare other than a street or alley permanently reserved as a principal means of access to abutting property.
   PLANNED DEVELOPMENT. Land under unified control, planned and developed as a whole in a single development operation or a definitely programmed series of development operations, including all land and buildings.
   PORTABLE SIGN. Any sign designed or constructed to be easily moved from one location to another and not permanently affixed to the ground or to a structure or building, including signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier, or other non-motorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign under this definition.
   PREMISES. A lot together with all buildings and structures existing thereon.
   PROMOTIONAL EVENT. A carnival, circus, fair, revival or similar temporary activity produced for a shopping center, business, public or semipublic use.
   RESTAURANT. A building serving food to customers inside the building while occupying seating provided for customers.
   ROOMING OR LODGING HOUSE. A building other than a hotel where lodging for three but no more than 12 persons is provided for definite periods for compensation in accordance with a previous arrangement.
   SATELLITE DISH ANTENNA. An apparatus constructed of solid, mesh or perforated materials of any configuration that is used to receive television signals from a satellite and including any poles, frame or other supporting structure.
   SIGN AREA. The sign area shall be the area of the rectangular enclosures of the entire sign other than structural supports.
   SIGN. A presentation or representation by letters, figures, designs, pictures, devices, emblems, insignia, numbers, lines or colors displayed so as to be visible to the public for the purpose of making anything known or attracting attention.
   SIGN, OWNER IDENTIFICATION. A sign which pertains only to the use of a premise and which contains information pertaining to the name of the owner, occupancy or management associated with the use of the property, the kind of business or the brand name of the principal commodity sold on the premises or other information relative to a service or activity involved in the conduct of the business, but not including the names of subsidiary products being sold.
   STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
   STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.
   STREET. A public or private thoroughfare which affords the principal means of access to adjoining property.
   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders or any substantial changes in the roof or exterior walls.
   SWIMMING POOL. Any constructed or prefabricated pool containing or normally capable of containing water to a depth at any point greater than 18 inches.
   TRAVEL TRAILER. A structure equipped for use as a dwelling and designed to be towed along a highway by a motor vehicle and which is of such dimension and weight that it can be licensed and no special permit is required for use of the state highways.
   TEMPORARY SIGN. A promotional placard. Such signs are constructed of cardboard, wallboard, plastic, or metal and are not intended for long-term use. A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. These signs are not permanently embedded in the ground, or permanently affixed to a building or sign structure that is permanently embedded in the ground. A portable sign shall not be considered a temporary sign.
   URBAN DENSITY. The number of dwelling units per acre of ground. AVERAGE URBAN DENSITY shall mean approximately 12 dwelling units per acre of ground.
   YARD. An open space other than a court on the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
   YARD, FRONT. A yard extending across the front of a lot between the side yard line and the main building or any projections thereof other than the projection permitted in § 155.46.
   YARD, REAR. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear of the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches and the rear lot line.
   YARD, SIDE. A yard between the main building and the side line of the lot and extending from the front yard to the rear yard.
(`87 Code, Zoning Ordinance, Art. I, § 3) (Am. Ord. 1990-9, passed 6-5-90; Am. Ord. 1993-3, passed 2-2-93; Am. Ord. 2003-21, passed 11-18-03; Am. Ord. 2008-13, passed 5-20-08)

§ 155.04 ZONING DISTRICTS.

   The City of Mount Pleasant is divided into the following districts or classifications:
   (A)   FD - Future Development District;
   (B)   SF-1 - Single-Family Residential District;
   (C)   SF-2 - Single-Family Residential District;
   (D)   TF - Two-Family Residential District;
   (E)   MF - Multi-Family Residential District;
   (F)   MH - Mobile Home District;
   (G)   NS - Neighborhood Service District;
   (H)   GR - General Retail District;
   (I)   CB - Central Business District;
   (J)   C - Commercial District;
   (K)   LI - Light Industrial District;
   (L)   HI - Heavy Industrial District;
   (M)   PD - Planned Development District;
   (N)   FP - Flood Plan District.
(`87 Code, Zoning Ordinance, Art. I, § 4)

§ 155.05 ZONING MAP AND BOUNDARIES.

   (A)   Maps. The boundaries of these districts are established as shown on the map accompanying and made a part of this chapter, which map is designated as the Zoning District Map of the City of Mount Pleasant. The Zoning District Map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if such a map and all the notations, references and other information shown thereon were all fully set forth or described herein; which Zoning District Map is properly attested, filed and maintained as follows:
      (1)   One copy shall be filed with the City Secretary and retained as the original record and shall not be changed in any manner;
      (2)   One copy shall be filed with the City Planner and shall be maintained up-to-date by the zoning officer by posting thereon all changes and subsequent amendments for observation and issuing building permits and enforcing the zoning ordinance;
      (3)   Reproductions for informational purposes may from time to time be made of the Official Zoning District Map.
   (B)   District boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts shown on the Zoning Map, the following rules shall apply:
      (1)   Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be said boundaries;
      (2)   Where district boundaries are so dedicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;
      (3)   Where district boundaries are indicated as approximately following a parallel to a drainage course or other prominent physical feature, such drainage course, other prominent physical feature or parallel line shall be construed to be said boundaries;
      (4)   Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale of said Zoning Map;
      (5)   Where district boundaries are so indicated that they are approximately perpendicular to the center line or right-of-way lines of streets, highways or drainage courses, such district boundaries shall be construed to be perpendicular to said street, highways or drainage courses;
      (6)   If unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map;
      (7)   In the case of a district boundary line dividing a lot into two parts, the district boundary line shall be construed to be the lot line nearest the least restricted district;
      (8)   Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts;
      (9)   Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control;
      (10)   Where a district boundary established in this subchapter, or as shown on the Zoning Map, divides a lot which was in single ownership at the time of enactment of this chapter, the use authorized thereon and other district requirements applying to the least restricted portion of such lot under this chapter shall be construed as extending to the entire lot, provided such lot does not extend more than 50 feet beyond said boundary line. The use so extended shall be deemed to be a conforming use.
(`87 Code, Zoning Ordinance, Art. I, § 5) (Ord. 2002-25, passed 2-19-02)

§ 155.06 ANNEXATION POLICY.

   (A)   All territory hereafter annexed to the City of Mount Pleasant shall be temporarily classified as “FD” Future Development District, until permanent zoning is established by the City Council of the City of Mount Pleasant. The procedure for establishing permanent zoning of annexed territory shall conform to the procedure established by law from the adoption of original zoning regulations.
   (B)   In an area temporarily classified as “FD” Future Development:
      (1)   No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Mount Pleasant without first applying for and obtaining a building permit or certificate of occupancy from the Building Official or the City Council as may be required herein;
      (2)   No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the “FD” Future Development District by the City Council in the manner provided by law;
      (3)   An application for a permit for any other use than that specified in subsection (2) above shall be made to the Building Official of the city and by him or her referred to the City Planning and Zoning Commission. In making its recommendation to the City Council concerning any such permit, the Commission shall take into consideration the appropriate land use for the area;
      (4)   The City Council, after receiving and reviewing the recommendations of the City Planning and Zoning Commission, may, by majority, vote to authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.
(`87 Code, Zoning Ordinance, Art. I, § 6)