Quinlan City Zoning Code
§ 24
SPECIAL AND ADDITIONAL REGULATIONS.
24.1
Lot Regulations
A.
Lot Area:
The minimum residential lot area for the various districts shall be in accordance with the regulations for each district, except that 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 one-family dwelling and no lot existing at the item [time] of passage of this ordinance shall be reduced in area below the minimum requirements set forth on the respective district.
B.
Location of Dwellings and Buildings:
Only one (1) main building for one-family and two-family use with permitted accessory buildings may be located upon a lot or unplatted tract. More than one (1) main building for multifamily, commercial, or industrial use may be located on a lot or a unplatted tract. Each building shall face or front on a public street, other than alley, and shall have at least one means of access to such street with a minimum width of thirty (30) feet. 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 City Council so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one (1) building shall be computed as being the open space, yard, or area requirements for any other dwelling or use.
C.
The minimum lot areas only apply to those properties served by public sewer systems. For those properties unserved by public sewer systems, compliance with minimum standards established by the State for private sewer systems is required.
24.2
Front Yards:
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).
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.
C.
Where a building line has been established by a plat approved by the City Council or by ordinance and such line requires 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-five (25) feet (except as approved by “PD”).
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 buildings. 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 (4) feet and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard.
E.
Where lots have double frontage, running through 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.
F.
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping obstructs the vision of a motor vehicle driver approaching any street, alley or driveway intersection.
On any corner lot for which front and side yards are required herein, no wall, fence, structure, sign, tree, or other planting or slope terrace or embankment may be maintained higher than three (3) feet above the street grade so as to cause danger or hazard to traffic by obstructing the view of the intersection from a point thirty (30) feet back from the right-of-way corner.
G.
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front of the property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten (10) feet to the property line[.]
H.
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, the front or side yard shall be measured from the future right-of-way line.
24.3
Side Yards
A.
Every part of a required side yard shall be open and unobstructed except for (a) accessory buildings as permitted herein, (b) the ordinary projections of windowsills, belt courses, cornices, and other architectural features not more than twelve (12) inches into the required side yard; and (c) wood eaves projecting not more than thirty-six (36) inches into the required side yard. Balconies shall not project into the required side yard.
B.
For multifamily structures in the Planned Development Districts, a minimum side yard, or space between adjoining buildings, shall be thirty (30) feet between building walls when such walls have opening for windows and access, and twenty (20) feet when no openings exist.
C.
When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the nonresidential property. An opaque wood fence or masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side (or rear) property line.
24.4
Rear Yards:
A.
The required rear yard shall be open and unobstructed from a point thirty (30) inches above the average elevation of the graded rear yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four (4) feet. Balconies shall not project into the required rear yard.
24.5
Swimming Pools:
It is the purpose of the following 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:
No swimming pool shall be constructed or used until a swimming pool building permit and a certificate of occupancy have been issued therefor. No building permit and no certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.
B.
Requirements:
A swimming pool may be constructed and operated when:
1.
the pool is not located in any required front or side yard abutting a street;
2.
a wall or fence, not less than six feet (6') in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or surrounding yard area;
3.
all lighting of the pool is shielded or directed to face away from adjoining residence. 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; and
5.
the swimming pool is no closer than eight (8) feet from any property line.
24.6
Commercial Activities
A.
All commercial activities shall be conducted from a permanent structure or building.
24.7
Utilities (Public or Private)
A.
Border fencing of wood or masonry of not less than six feet (6') in height, or hedge-like evergreen plant materials capable of obtaining solid appearance within three (3) years is required and shall be installed or planted at time of construction of any public or private above-ground utility facility, along the property line or surrounding the facility. This screening shall be maintained throughout the existence of the facility by the owner of said property.
24.8
Permit to Construct Access Driveway on City Right-of-Way
A. Curbline: Driveway: Major Driveway: Major Street: Minor Driveway: Property line: Right-of-way line:
Definitions.
As used in this Ordinance, the following terms are defined as follows:
A raised ledge adjacent to the paved portion of a roadway which delineates that portion of the roadway maintained for vehicular travel. In the absence of a raised curb, the edge of the paved portion of the roadway is considered to be the curbline.
Any area constructed within the public street right-of-way, connecting the public roadway with private property for the purpose of providing access to private property, for motor vehicles.
A driveway providing access to property used for any purpose other than one- or two-family residential dwelling.
Any street designated as an “arterial street” on the Master Street Plan, or streets serving as collectors for such thoroughfares. All other streets are “minor.”
Any driveway providing access to property used for one- or two-family dwellings.
the line dividing two (2) adjacent properties, or a property and a public alley.
the line dividing a property and the public right-of-way set aside for street purposes.
B.
Permit required; approval of plans; obtaining building permit where required.
1.
No driveway may be constructed, reconstructed, altered or repaired, until a permit is issued therefor by the City of Quinlan. Unless otherwise expressly stated herein, the provisions of this Ordinance shall apply to state highways and city right-of-ways.
2.
No driveway permit for a major driveway may be issued by the City of Quinlan for Commercial Driveways until the City of Quinlan has approved the driveway location, culvert size and design of the off-street parking plan, when applicable.
3.
Each application for a major driveway permit shall include a driveway design and an off-street parking plan, when applicable. The plan shall be drawn to scale, showing all parking spaces, all existing and proposed curb inlets, landscaping, fences, barriers, utilities, driveway dimensions, existing driveways on the property located within fifty (50) feet of the proposed driveway, the street address, and any additional information required by City of Quinlan.
4.
Each driveway permit will indicate the size and length of the drainage pipe required, safety end treatments (if required), and at some locations the permit may state “no pipe required.”
5.
The permit applicant will be responsible for all costs associated with construction of the access driveway; installation of drainage pipe, safety end treatments (if required), bands, backfill material, and pavement.
6.
All driveways constructed within a Commercial District shall meet the requirements of Section 14, Subsection E. [14.7.E] of the City of Quinlan Comprehensive Zoning Ordinance.
7.
Maintenance of driveway access is the responsibility of the property owner.
C.
Revocation; denial; removal of unauthorized driveway.
1.
Any permit granted by the City of Quinlan may be revoked any time the terms of this Ordinance are violated, or when the continued exercise of the privilege constitutes a menace to the public safety or is an unreasonable use of the public streets or ways. Repeated and suspected intentional violations shall be deemed sufficient reason to deny issuance of permits in future applications by the individual violators.
2.
If a driveway is constructed, altered or modified without the issuance of a driveway permit, in violation of the conditions of the permit, or in violation of this Ordinance, the City of Quinlan may require the violator, at violator’s expense, to remove the driveway and restore the street and right-of-way to its original condition.
D.
Compliance of driveway and parking improvements with plans and permit; subject to inspection during construction.
The actual construction of driveway and parking improvements shall comply with the approved plan and permit terms and is subject to inspection during construction.
E.
Interference of entrances with other facilities.
No driveway entrance shall interfere with City facilities such as streetlight poles, traffic signal standards or detectors, signs, catch basins, hydrants, crosswalks, bus stop areas, utility poles, fire alarm supports, underground pipes or ducts or other necessary street structures. Arrangements shall be made with the proper authority for the adjustment or relocation of the facility affected and/or adjustments made in the driveway design, before a permit will be issued. Driveway entrances on state highways shall comply with the Texas Department of Transportation Access Management Manual and other state or federal laws, as applicable.
F.
Unduly hazardous location denials.
1.
Where in the opinion of the City of Quinlan, a driveway is proposed that meets all requirements of this Ordinance, yet will, by its location or design or other element, be unduly hazardous, the City of Quinlan may deny such driveway location and/or design.
24.9
Regulations for the Construction of Fences
The following requirements are in addition to and accumulative of requirements currently in effect relating to the building of fences, border fencing, and/or screening requirements within the City of Quinlan.
A.
Purpose:
The purpose of this Ordinance is to regulate the construction of fences and their location, size, and design.
B.
Definitions:
a.
“Fence”: shall mean any structure which exceeds twelve (12) inches in height above the nearest grade and which encloses, partitions, or divides any yard.
b.
“City”: means the City of Quinlan.
c.
“Corner lot”: means a lot situated at the junction of two (2) or more streets.
d.
“Dilapidated fence”: means a fence which is decayed, deteriorated, or fallen into partial ruin.
e.
“Easement”: means a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another. It is either for the benefit of appurtenant land such as for the right to cross, or egress, such as a public utility easement, or in specific, such as an exclusive utility easement. An easement may or may not have descriptive bounds.
f.
“Public right-of-way”: means a strip of land which is used as a roadbed for a street, alley or highway intended for use by the public at large, or land set aside as an easement or in fee, either by agreement or condemnation.
g.
“Retaining wall”: means a wall designed to bear against soil or other material and resists lateral and other forces from the material held in place.
C.
Permit Required.
No fence shall be constructed within the City without the owner or person in control of such premises, or his agent or contractor, having secured a permit therefor from the City. Applications shall be made and a permit issued on forms promulgated by the City for such purpose. Generally, a permit is required for all fences.
The only exceptions are repair or reconstruction in whole or part of an existing fence where the location or height does not change, you do not have a pool, you do not have an alley/street intersection and you do not change materials.
D.
Swimming Pools:
The following requirements are in addition to those found at Section 24.5(B.2) hereof:
Pools (above-ground or in-ground), spas, and hot tubs must be enclosed. The fence must meet the following requirements:
Swimming pool barriers shall comply with the requirements set forth in the 2003 International Building Code and 2003 International Residential Code and in all code amendments.
1.
A temporary fence, complying with requirements 2 and 3 below, is required around all permitted pools, hot tubs and spas during construction.
2.
Fence must be at least six (6) feet in height.
3.
No opening in fence (other than door or gate) that will allow a 4-inch diameter sphere to pass through. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches.
4.
Pedestrian access doors and/or gates shall open outward away from the pool and shall be equipped with self-latching and self-closing devices and able to accommodate a locking device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate, and the gate barrier shall have no openings greater than 0.5 inches within 18 inches of the release mechanism.
5.
Gates other than pedestrian gates shall be self-latching and must be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use (i.e. gates across driveways).
6.
Where a wall of the dwelling serves as part of the barrier one of the following conditions must be met:
a.
The pool shall be equipped with a powered safety cover.
b.
All doors with direct access to the pool through that wall shall be equipped with an alarm which produces audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. A deactivation device shall be located at least 54 inches above the threshold of the door.
7.
A motor-powered vehicle gate across a driveway is exempt from locking requirements.
8.
A temporary fence 48 inches in height shall be installed after excavation and maintained until a permanent fence is installed.
E.
Underground Utilities:
Prior to any construction, please contact the underground utility lines location service at the following number:
1-800-DIG-TESS |
1-800-344-8377 |
F.
Requirements and Restrictions:
a.
Height:
No fence may be higher than (8) eight feet on residential or (10) [ten] feet on commercial properties as measured from the top of the fence to the nearest grade from the applicant’s side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from grade near the retaining wall. Masonry fences 4'-0" in height or more shall be engineered.
b.
Gates:
Any fence built so as to enclose an area shall provide a gate or other opening in the fence at least (3) feet in width and with a minimum headroom clearance of six (6) feet eight (8) inches. Any fence built along or new a rear property line, which adjoins a street, alley or public easement, shall provide a gate or other opening giving direct access to the street, alley or public easement. Swimming pool gates have additional requirements.
Access gates for vehicular use must be a minimum of twenty (20) feet from the property line for all types of property other than residential. A gate may not swing over city right-of-way or a public easement.
c.
Construction:
Fences must be able to structurally support fencing materials for a 70 MPH wind speed.
d.
Location:
No fence shall be built within the required front yard.
1.
EXCEPTIONS:
a.
A fence constructed in a residentially zoned district made of wood or wrought iron, which is less than 3-1/2 feet in height. A minimum of four (4) inch wide vertical space per each linear foot and a minimum one (1) foot wide horizontal portions of the fence are required.
b.
A fence constructed in a residentially zoned district made of brick or masonry (excluding cinder block), which is less than 2-1/2 feet in height.
c.
A fence constructed in a agricultural zoned district made of wire to contain livestock.
Generally, a fence may extend up to the property lines unless there is an easement on the lot. Never build outside your property line or on City right-of-way. Do not enclose any utility apparatuses within your fence.
e.
Intersecting Lots:
In order to prevent the creation of blind intersections, no fence may extend into the triangular area formed by extending two (2) curb or pavement lines to a point:
1.
25 feet from the intersection at the curb (for intersection of a street and an alley) and connecting the two (2) points to form a 45-degree triangle, or
2.
45 feet from the intersection at the curb (for intersection of two (2) streets) and connecting the two (2) points to form a 45-degree triangle.
Figure 1  |
f.
Prohibited Fence Materials:
1.
No person shall use rope; string; wire products including but not limited to chicken wire, hog wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; cut or broken glass; paper; corrugated metal panels; sheetmetal panels; galvanized sheetmetal; plywood; or fiberglass panels in any fence or any other material that is not manufactured specifically for fencing materials. The City may require the applicant to provide the manufacturer’s standards to establish the intended use of a proposed fencing material.
2.
No person shall construct a fence of used, damaged, or unsafe materials.
3.
No person shall weave or use slats of any material including but not limited to metal, fiberglass, and bamboo through a chain-link fence to create a blind fence, screening fence or any other type of fence addressed in this ordinance.
4.
Used materials, equipment and devices shall not be re-used unless, it can be determined by the City that, they meet the requirements of the building code for new materials.
G.
Maintenance and standard of fences.
A fence or fences shall be maintained by the owner of the property in compliance with the requirements of this ordinance including but not limited to the following maintenance standards:
1.
A fence more than four (4) feet in height shall not be out of vertical alignment more than one (1) foot from the vertical measures [measured] at the top of the fence. A fence four (4) feet or less in height shall not be out of vertical alignment more than six (6) inches from the vertical measured at the top of the fence.
2.
The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of, the day the owner received notice from the City, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. The inspector may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The City shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the City a written scope and schedule detailing materials and estimated time period of the completed replacement approval. No person shall use materials not specifically manufactured as fencing materials.
3.
A fence not required by a specific order of the City Council, the zoning ordinances of the City, or required to enclose a swimming pool or spa, may be completely removed within the 10-day period rather than repaired.
4.
A fence shall be maintained in sound structural condition.
5.
Property owner shall maintain fences, including those existing prior to the adoption of this ordinance, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed.
6.
Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces.
7.
Property owners shall not maintain graffiti, writings and other symbols on a fence except for this [those] which are permitted signs or which pertain to the address or occupancy of the property.
8.
Existing fences that were constructed prior to the adoption of this Ordinance that were constructed with materials not currently permitted by this Ordinance may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the City determines the existing fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this ordinance or removed. The repairs must be made in complete sections extending a minimum of support post to support post. If the inspector determines the extent of repair on any existing fence (materials in noncompliance) is in excess of fifty (50) percent of the linear length of the total fence or more than a combined 100 linear feet then the entire fence must be replaced with materials approved by this Ordinance.
H.
Penalties for Violation.
Any property owner, person in control of premises, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred and no/100 ($200.00) dollars. Each day in which any such violation [shall] continue or be permitted to continue shall be deemed a separate offense.
(Ordinance 299-000, sec. 23, adopted 9/18/91; Ordinance 269-002 adopted 2/12/07; Ordinance 07-752-000 adopted 5/21/07; Ordinance 07-753-00, sec. 24, adopted 6/11/07; Ordinance 07-761-000 adopted 9/10/07)