Richmond City Zoning Code

CHAPTER 1

Title, Purpose, Authority, Jurisdiction, Legal Status, and Transitional Provisions

Sec. 1.1.101 Title; Short Title

Title. This document shall officially be known as the City of Richmond Unified Development Code.

Short Title. The City of Richmond Unified Development Code may hereinafter be referred to as "this UDC."

Effective on: 1/1/1901

Sec. 1.1.102 Purpose

Generally. As part of the implementation of the policy and strategic directions set out in the City's Comprehensive Master Plan, the provisions of this UDC have the general purposes of protecting the public health, safety, morals, and general welfare of the City's residents, business owners, employees, and visitors, and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. These are further detailed in Subsection B., below.

Purposes.

Economic Growth. Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local and regional economy, by:
1. Promoting the vitality and development of Richmond’s major employment centers and commercial/industrial districts; and
2. Encouraging the efficient use of the available land supply in the City, including redevelopment of underutilized lands.
Public Health and Safety. Protect public health and safety and environmental quality by:
1. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses / activities;
2. Minimizing losses due to destruction by nature or acts of God;
3. Facilitating the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities;
4. Promoting the sustainable use of local, natural, and energy resources; and
5. Preserving and protecting existing trees and vegetation, floodplains, stream corridors, and other areas of environmental significance from adverse impacts of development.
Quality of Life. Protect the quality of life of the City's residents, business owners, employees, and visitors by:
1. Promoting a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods;
2. Ensuring the provision of adequate open space for light, air, and fire safety;
3. Preserving and enhancing the character and quality of stable residential neighborhoods;
4. Upgrading the character and quality of neighborhoods in transition;
5. Promoting a healthful and convenient distribution of population by regulating the density of development;
6. Enhancing the visual character of the City through the regulation of design, where such regulation is appropriate;
7. Encouraging development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs for current and future generations; and
8. Ensuring that the appearance, visual scale, and orientation of developments are compatible with that of the City's Comprehensive Master Plan and/or other plans, goals and objectives of the City Commission.
Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. Fostering convenient, compatible, and efficient relationships among land uses;
2. Foster interconnectedness between residential and commercial land uses and employment centers to promote multimodal access and decrease dependence on single-passenger motor vehicles;
3. Ensuring that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services;
4. Conserving the value of buildings and land, which relates to environmental quality, amenities, character, economic opportunity, mobility, and utilities infrastructure;
5. Managing congestion in the streets through the proper distribution of land uses, standards that reduce vehicular conflicts, and policies that provide for the full use of streets by all modes of transportation and all users of the transportation network; and
6. Promoting a balanced supply of residential, commercial, industrial and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks.

Specific Purposes. Additional specific purposes for Chapters, Articles, Divisions, Sections, and Subsections of this UDC may be set out herein in accordance with the above-enumerated principles.

Effective on: 1/1/1901

Sec. 1.1.201 Authority

Generally. The City Commission intends to exercise all zoning and other police powers now or hereafter conferred by Chapter 211, Municipal Zoning Authority, of the Tex. Local Gov't Code or the Texas Statutes.

Authority. The City of Richmond, Texas, Unified Development Code is adopted and enforced pursuant to the authority established in Section 2.04, General Enumeration of Powers, of the City's Home Rule Charter, which was adopted pursuant to Article XI, Section 5 of the Constitution of the State of Texas, and such additional authority as may be conferred by the Texas Statutes.

Comprehensive Master Plan Implementation. This UDC is enacted to be consistent with and implement the policies and other strategic directions of the City's Comprehensive Master Plan.

Effective on: 1/1/1901

Sec. 1.1.202 Jurisdiction

Generally. The provisions of this UDC apply to all land, development, and the use of all land, buildings, and structures, unless specifically exempted herein or preempted by state or federal law.

City Limits. The provisions of this UDC apply to all areas within the corporate limits of the City of Richmond, Texas.

Extraterritorial Jurisdiction. The provisions of this UDC apply to all areas within the City's extraterritorial jurisdiction (ETJ) in conformance with the following.

To promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City, it is the intent of the City Commission to fully exercise the authority granted to home rule municipalities by the Texas Statutes, including:
1. The exercise of the following powers within the entire designated ETJ, as may be amended from time to time:
  1. Plat approvals, pursuant to Sections 212.002, 212.003, and 242.001, Tex. Local Gov’t Code and related authorizations.
  2. Access management, pursuant to Section 212.002, Tex. Local Gov’t Code.
  3. Regulation of groundwater, pursuant to Section 212.003, Tex. Local Gov’t Code.
  4. Negotiation and execution of development agreements, pursuant to Section 212.172, Tex. Local Gov’t Code.
  5. Regulations of signs, including installation, amortization, and removal, pursuant to Sections 216.001 et seq. and 216.902, Tex. Local Gov’t Code.
  6. Regulation of parking, landscaping, and architecture, pursuant to Section 212.044, Tex. Local Gov't Code.
  7. Regulation of prohibiting the firing of fireworks in the area within 5,000 feet of the City limits, pursuant to Sections 217.003 and 217.042, Tex. Local Gov’t Code.
2. The regulation of equipment and operation of rendering plants within the City and within one mile of the City limits, pursuant to Section 215.003, Tex. Local Gov’t Code.
3. The definition and prohibition of nuisances, including the power to summarily abate and remove nuisances, in the area within 5,000 feet of the City limits, pursuant to Section 217.042, Tex. Local Gov’t Code.
The City does not regulate use or density within the ETJ. However, it does apply other provisions of this UDC based on the use of property in the ETJ, generally through the requirement of a subdivision plat or development plat. The following standards apply within the ETJ:
1. All standards that specifically state their application to the ETJ;
2. All standards of Chapter 4, Site Design, including:
  1. All standards of Article 4.1, Subdivision Design and Land Development;
  2. All standards of Article 4.2, Parking, Loading, Access, and Lighting, that apply to the applicant's use of property;
  3. All standards of Article 4.3, Environmental Quality and Resource Protection;
  4. All standards of Article 4.4, Tree Preservation, Buffering, and Landscaping;
  5. All standards of Article 4.5, Streets, Sidewalks, and Trails;
  6. All standards of Article 4.6, Infrastructure;
  7. All standards of Article 4.7, Signs;
3. For nonresidential and mixed-use buildings, except agricultural buildings, all standards of Division 5.1.200, Nonresidential and Mixed-Use Development;
4. For single- and two-family housing, all standards of Section 5.1.101, Single- and Two-Family Design Standards;
5. For multi-family buildings, all standards of Section 5.1.102, Multi-Family Design Standards; and
6. All standards Article 5.2, Supplemental Standards, as may be applicable to an applicant's use of a subject property.

Effective on: 1/1/1901

Sec. 1.2.101 Transitional Provisions

Generally. It is the intent of the City Commission to respect the property rights of existing or pending development approvals and development as set out in this Section.

Effect on Existing Ordinances. The City's existing ordinances, unless expressly repealed or amended by this UDC, or by some other City Commission action, will remain in effect; provided, however, that where this UDC is more restrictive or where it includes additional provisions (including those that are inconsistent or in conflict with existing ordinances) then the City will enforce this UDC as set out in Section 1.2.103, Conflicting Provisions.

Effect on Pending Applications.

Except as provided in Subsection C.2., below, each application for development approval shall be evaluated by the regulations that were in effect at the time the complete application was submitted.
Applications for development approval that were not pursued with due diligence may expire pursuant to Section 6.3.211, Stale Applications.

Effect on Development Approvals or Agreements that Predate the Effective Date.

It is the intent of the City Commission to respect existing development approvals or agreements. Development that is approved or for which there is an executed agreement may be carried out within the scope of that development approval or agreement, including applicable standards in effect at the time of the approval or agreement, provided that the approval or agreement is valid and has not lapsed, as set out in Section 6.3.211, Stale Application, or other applicable provisions of this UDC, or in the agreement itself.
Development approvals that are valid on the effective date of this UDC, are valid for the duration specified in or at the time approval. If no duration was in effect at the time of approval, the respective approval shall expire in accordance with Section 6.3.211, Stale Applications, or other applicable provisions of this UDC, or as specified in the agreement itself.
This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval or agreement.

Effect on Private Restrictions.

The provisions of this UDC do not abrogate private restrictions that affect the use, development, or maintenance of property. The provisions of this UDC will be enforced on property that is subject to private restrictions as provided in this Section.
The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this UDC, the City does not enforce private restrictions and only will enforce its own regulations.
The City will not interpret or apply private restrictions unless it is a party to them.
To the extent that the City is made aware of private restrictions:
1. If the private restrictions are more restrictive than the provisions of this UDC, or if they involve subject matter that is not addressed by this UDC or other provisions of the City’s ordinances, the City will only enforce the provisions of this UDC and other City existing ordinances. Enforcement of more restrictive provisions is at the sole discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Texas law).
2. If the private restrictions are less restrictive than the provisions of this UDC or other provisions of the City's existing ordinances, then the City will only enforce the provisions of this UDC and existing ordinances.

Effective on: 1/1/1901

Sec. 1.2.102 Severability

Generally. If any Chapter, Article, Division, Section, Subsection, paragraph, clause, provision, or portion of this UDC is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this UDC shall not be affected. If any application of this UDC to a particular use, building, structure, land, subdivision, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other use, building, structure, land, subdivision, or water not specifically included in said judgment.

Signs. With respect to Article 4.7, Signs, and any Section, Subsection, paragraph, clause, provision, or portion of this UDC which explicitly addresses signs, the following severability provisions shall apply:

Severability Generally. If any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or this UDC.
Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., above, or elsewhere in this Section, this UDC, or any adopting ordinance, if any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or this UDC, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., and Subsection B.2., above, if any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC that pertains to prohibited signs or sign elements. It is the intent of the City Commission to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Commission to regulate signage in a manner that implements the purposes of Article 4.7, Signs, as expressed in Section 4.7.101, Purpose and Application. The City finds that the purposes stated in Section 4.7.101, Purpose and Application, are legitimate, substantial, and compelling public interests, that the regulation of signage in Article 4.7, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Commission that only that portion of the provision that is found to relate to content be severed from this UDC, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Commission that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of, in descending order of priority:
1. sign height; and
2. sign area.

Effective on: 1/1/1901

Sec. 1.2.103 Conflicting Provisions

Generally. In the event that the provisions of this UDC conflict with each other or with other City ordinances:

The more restrictive provision shall control, if the provisions were adopted at the same time; or
The more recent provision shall control if the provisions were adopted at different times.

State and Federal Law. No part of this UDC relieves any applicant from compliance with applicable provisions of state or federal law. If a use, building, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the City. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this UDC, unless the application of this UDC is legally preempted.

Effective on: 1/1/1901

Sec. 1.2.104 Repealer

Generally. The City Commission finds that the adoption of this UDC necessitates the repeal of all conflicting ordinances that existed on the effective date.

Repealed Ordinances. The following duly adopted ordinances of the City of Richmond, Texas, that existed on the effective date prior to the initial adoption of this UDC are hereby repealed:

Ord. No. 2011-10, Manufactured Home Ordinances;
Ord. No. 85-46, The Subdivision Ordinance of the City of Richmond (and as previously amended);
Ord. Nos. 2004-07 and 2005-02, Richmond Sign Ordinance.

Effective on: 1/1/1901

Richmond City Zoning Code

CHAPTER 1

Title, Purpose, Authority, Jurisdiction, Legal Status, and Transitional Provisions

Sec. 1.1.101 Title; Short Title

Title. This document shall officially be known as the City of Richmond Unified Development Code.

Short Title. The City of Richmond Unified Development Code may hereinafter be referred to as "this UDC."

Effective on: 1/1/1901

Sec. 1.1.102 Purpose

Purposes.

Economic Growth. Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local and regional economy, by:
1. Promoting the vitality and development of Richmond’s major employment centers and commercial/industrial districts; and
2. Encouraging the efficient use of the available land supply in the City, including redevelopment of underutilized lands.
Public Health and Safety. Protect public health and safety and environmental quality by:
1. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses / activities;
2. Minimizing losses due to destruction by nature or acts of God;
3. Facilitating the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities;
4. Promoting the sustainable use of local, natural, and energy resources; and
5. Preserving and protecting existing trees and vegetation, floodplains, stream corridors, and other areas of environmental significance from adverse impacts of development.
Quality of Life. Protect the quality of life of the City's residents, business owners, employees, and visitors by:
1. Promoting a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods;
2. Ensuring the provision of adequate open space for light, air, and fire safety;
3. Preserving and enhancing the character and quality of stable residential neighborhoods;
4. Upgrading the character and quality of neighborhoods in transition;
5. Promoting a healthful and convenient distribution of population by regulating the density of development;
6. Enhancing the visual character of the City through the regulation of design, where such regulation is appropriate;
7. Encouraging development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs for current and future generations; and
8. Ensuring that the appearance, visual scale, and orientation of developments are compatible with that of the City's Comprehensive Master Plan and/or other plans, goals and objectives of the City Commission.
Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. Fostering convenient, compatible, and efficient relationships among land uses;
2. Foster interconnectedness between residential and commercial land uses and employment centers to promote multimodal access and decrease dependence on single-passenger motor vehicles;
3. Ensuring that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services;
4. Conserving the value of buildings and land, which relates to environmental quality, amenities, character, economic opportunity, mobility, and utilities infrastructure;
5. Managing congestion in the streets through the proper distribution of land uses, standards that reduce vehicular conflicts, and policies that provide for the full use of streets by all modes of transportation and all users of the transportation network; and
6. Promoting a balanced supply of residential, commercial, industrial and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks.

Specific Purposes. Additional specific purposes for Chapters, Articles, Divisions, Sections, and Subsections of this UDC may be set out herein in accordance with the above-enumerated principles.

Effective on: 1/1/1901

Sec. 1.1.201 Authority

Comprehensive Master Plan Implementation. This UDC is enacted to be consistent with and implement the policies and other strategic directions of the City's Comprehensive Master Plan.

Effective on: 1/1/1901

Sec. 1.1.202 Jurisdiction

Generally. The provisions of this UDC apply to all land, development, and the use of all land, buildings, and structures, unless specifically exempted herein or preempted by state or federal law.

City Limits. The provisions of this UDC apply to all areas within the corporate limits of the City of Richmond, Texas.

Extraterritorial Jurisdiction. The provisions of this UDC apply to all areas within the City's extraterritorial jurisdiction (ETJ) in conformance with the following.

To promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City, it is the intent of the City Commission to fully exercise the authority granted to home rule municipalities by the Texas Statutes, including:
1. The exercise of the following powers within the entire designated ETJ, as may be amended from time to time:
  1. Plat approvals, pursuant to Sections 212.002, 212.003, and 242.001, Tex. Local Gov’t Code and related authorizations.
  2. Access management, pursuant to Section 212.002, Tex. Local Gov’t Code.
  3. Regulation of groundwater, pursuant to Section 212.003, Tex. Local Gov’t Code.
  4. Negotiation and execution of development agreements, pursuant to Section 212.172, Tex. Local Gov’t Code.
  5. Regulations of signs, including installation, amortization, and removal, pursuant to Sections 216.001 et seq. and 216.902, Tex. Local Gov’t Code.
  6. Regulation of parking, landscaping, and architecture, pursuant to Section 212.044, Tex. Local Gov't Code.
  7. Regulation of prohibiting the firing of fireworks in the area within 5,000 feet of the City limits, pursuant to Sections 217.003 and 217.042, Tex. Local Gov’t Code.
2. The regulation of equipment and operation of rendering plants within the City and within one mile of the City limits, pursuant to Section 215.003, Tex. Local Gov’t Code.
3. The definition and prohibition of nuisances, including the power to summarily abate and remove nuisances, in the area within 5,000 feet of the City limits, pursuant to Section 217.042, Tex. Local Gov’t Code.
The City does not regulate use or density within the ETJ. However, it does apply other provisions of this UDC based on the use of property in the ETJ, generally through the requirement of a subdivision plat or development plat. The following standards apply within the ETJ:
1. All standards that specifically state their application to the ETJ;
2. All standards of Chapter 4, Site Design, including:
  1. All standards of Article 4.1, Subdivision Design and Land Development;
  2. All standards of Article 4.2, Parking, Loading, Access, and Lighting, that apply to the applicant's use of property;
  3. All standards of Article 4.3, Environmental Quality and Resource Protection;
  4. All standards of Article 4.4, Tree Preservation, Buffering, and Landscaping;
  5. All standards of Article 4.5, Streets, Sidewalks, and Trails;
  6. All standards of Article 4.6, Infrastructure;
  7. All standards of Article 4.7, Signs;
3. For nonresidential and mixed-use buildings, except agricultural buildings, all standards of Division 5.1.200, Nonresidential and Mixed-Use Development;
4. For single- and two-family housing, all standards of Section 5.1.101, Single- and Two-Family Design Standards;
5. For multi-family buildings, all standards of Section 5.1.102, Multi-Family Design Standards; and
6. All standards Article 5.2, Supplemental Standards, as may be applicable to an applicant's use of a subject property.

Effective on: 1/1/1901

Sec. 1.2.101 Transitional Provisions

Generally. It is the intent of the City Commission to respect the property rights of existing or pending development approvals and development as set out in this Section.

Effect on Pending Applications.

Except as provided in Subsection C.2., below, each application for development approval shall be evaluated by the regulations that were in effect at the time the complete application was submitted.
Applications for development approval that were not pursued with due diligence may expire pursuant to Section 6.3.211, Stale Applications.

Effect on Development Approvals or Agreements that Predate the Effective Date.

It is the intent of the City Commission to respect existing development approvals or agreements. Development that is approved or for which there is an executed agreement may be carried out within the scope of that development approval or agreement, including applicable standards in effect at the time of the approval or agreement, provided that the approval or agreement is valid and has not lapsed, as set out in Section 6.3.211, Stale Application, or other applicable provisions of this UDC, or in the agreement itself.
Development approvals that are valid on the effective date of this UDC, are valid for the duration specified in or at the time approval. If no duration was in effect at the time of approval, the respective approval shall expire in accordance with Section 6.3.211, Stale Applications, or other applicable provisions of this UDC, or as specified in the agreement itself.
This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval or agreement.

Effect on Private Restrictions.

The provisions of this UDC do not abrogate private restrictions that affect the use, development, or maintenance of property. The provisions of this UDC will be enforced on property that is subject to private restrictions as provided in this Section.
The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this UDC, the City does not enforce private restrictions and only will enforce its own regulations.
The City will not interpret or apply private restrictions unless it is a party to them.
To the extent that the City is made aware of private restrictions:
1. If the private restrictions are more restrictive than the provisions of this UDC, or if they involve subject matter that is not addressed by this UDC or other provisions of the City’s ordinances, the City will only enforce the provisions of this UDC and other City existing ordinances. Enforcement of more restrictive provisions is at the sole discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Texas law).
2. If the private restrictions are less restrictive than the provisions of this UDC or other provisions of the City's existing ordinances, then the City will only enforce the provisions of this UDC and existing ordinances.

Effective on: 1/1/1901

Sec. 1.2.102 Severability

Severability Generally. If any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or this UDC.
Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., above, or elsewhere in this Section, this UDC, or any adopting ordinance, if any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or this UDC, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., and Subsection B.2., above, if any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC that pertains to prohibited signs or sign elements. It is the intent of the City Commission to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Commission to regulate signage in a manner that implements the purposes of Article 4.7, Signs, as expressed in Section 4.7.101, Purpose and Application. The City finds that the purposes stated in Section 4.7.101, Purpose and Application, are legitimate, substantial, and compelling public interests, that the regulation of signage in Article 4.7, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Commission that only that portion of the provision that is found to relate to content be severed from this UDC, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Commission that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of, in descending order of priority:
1. sign height; and
2. sign area.

Effective on: 1/1/1901

Sec. 1.2.103 Conflicting Provisions

Generally. In the event that the provisions of this UDC conflict with each other or with other City ordinances:

The more restrictive provision shall control, if the provisions were adopted at the same time; or
The more recent provision shall control if the provisions were adopted at different times.

Effective on: 1/1/1901

Sec. 1.2.104 Repealer

Generally. The City Commission finds that the adoption of this UDC necessitates the repeal of all conflicting ordinances that existed on the effective date.

Repealed Ordinances. The following duly adopted ordinances of the City of Richmond, Texas, that existed on the effective date prior to the initial adoption of this UDC are hereby repealed:

Ord. No. 2011-10, Manufactured Home Ordinances;
Ord. No. 85-46, The Subdivision Ordinance of the City of Richmond (and as previously amended);
Ord. Nos. 2004-07 and 2005-02, Richmond Sign Ordinance.

Effective on: 1/1/1901

Richmond City Zoning Code

CHAPTER 1

Title, Purpose, Authority, Jurisdiction, Legal Status, and Transitional Provisions

Sec. 1.1.101 Title; Short Title

Title. This document shall officially be known as the City of Richmond Unified Development Code.

Short Title. The City of Richmond Unified Development Code may hereinafter be referred to as "this UDC."

Effective on: 1/1/1901

Sec. 1.1.102 Purpose

Purposes.

Economic Growth. Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local and regional economy, by:
1. Promoting the vitality and development of Richmond’s major employment centers and commercial/industrial districts; and
2. Encouraging the efficient use of the available land supply in the City, including redevelopment of underutilized lands.
Public Health and Safety. Protect public health and safety and environmental quality by:
1. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses / activities;
2. Minimizing losses due to destruction by nature or acts of God;
3. Facilitating the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities;
4. Promoting the sustainable use of local, natural, and energy resources; and
5. Preserving and protecting existing trees and vegetation, floodplains, stream corridors, and other areas of environmental significance from adverse impacts of development.
Quality of Life. Protect the quality of life of the City's residents, business owners, employees, and visitors by:
1. Promoting a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods;
2. Ensuring the provision of adequate open space for light, air, and fire safety;
3. Preserving and enhancing the character and quality of stable residential neighborhoods;
4. Upgrading the character and quality of neighborhoods in transition;
5. Promoting a healthful and convenient distribution of population by regulating the density of development;
6. Enhancing the visual character of the City through the regulation of design, where such regulation is appropriate;
7. Encouraging development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs for current and future generations; and
8. Ensuring that the appearance, visual scale, and orientation of developments are compatible with that of the City's Comprehensive Master Plan and/or other plans, goals and objectives of the City Commission.
Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. Fostering convenient, compatible, and efficient relationships among land uses;
2. Foster interconnectedness between residential and commercial land uses and employment centers to promote multimodal access and decrease dependence on single-passenger motor vehicles;
3. Ensuring that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services;
4. Conserving the value of buildings and land, which relates to environmental quality, amenities, character, economic opportunity, mobility, and utilities infrastructure;
5. Managing congestion in the streets through the proper distribution of land uses, standards that reduce vehicular conflicts, and policies that provide for the full use of streets by all modes of transportation and all users of the transportation network; and
6. Promoting a balanced supply of residential, commercial, industrial and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks.

Specific Purposes. Additional specific purposes for Chapters, Articles, Divisions, Sections, and Subsections of this UDC may be set out herein in accordance with the above-enumerated principles.

Effective on: 1/1/1901

Sec. 1.1.201 Authority

Comprehensive Master Plan Implementation. This UDC is enacted to be consistent with and implement the policies and other strategic directions of the City's Comprehensive Master Plan.

Effective on: 1/1/1901

Sec. 1.1.202 Jurisdiction

Generally. The provisions of this UDC apply to all land, development, and the use of all land, buildings, and structures, unless specifically exempted herein or preempted by state or federal law.

City Limits. The provisions of this UDC apply to all areas within the corporate limits of the City of Richmond, Texas.

Extraterritorial Jurisdiction. The provisions of this UDC apply to all areas within the City's extraterritorial jurisdiction (ETJ) in conformance with the following.

To promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City, it is the intent of the City Commission to fully exercise the authority granted to home rule municipalities by the Texas Statutes, including:
1. The exercise of the following powers within the entire designated ETJ, as may be amended from time to time:
  1. Plat approvals, pursuant to Sections 212.002, 212.003, and 242.001, Tex. Local Gov’t Code and related authorizations.
  2. Access management, pursuant to Section 212.002, Tex. Local Gov’t Code.
  3. Regulation of groundwater, pursuant to Section 212.003, Tex. Local Gov’t Code.
  4. Negotiation and execution of development agreements, pursuant to Section 212.172, Tex. Local Gov’t Code.
  5. Regulations of signs, including installation, amortization, and removal, pursuant to Sections 216.001 et seq. and 216.902, Tex. Local Gov’t Code.
  6. Regulation of parking, landscaping, and architecture, pursuant to Section 212.044, Tex. Local Gov't Code.
  7. Regulation of prohibiting the firing of fireworks in the area within 5,000 feet of the City limits, pursuant to Sections 217.003 and 217.042, Tex. Local Gov’t Code.
2. The regulation of equipment and operation of rendering plants within the City and within one mile of the City limits, pursuant to Section 215.003, Tex. Local Gov’t Code.
3. The definition and prohibition of nuisances, including the power to summarily abate and remove nuisances, in the area within 5,000 feet of the City limits, pursuant to Section 217.042, Tex. Local Gov’t Code.
The City does not regulate use or density within the ETJ. However, it does apply other provisions of this UDC based on the use of property in the ETJ, generally through the requirement of a subdivision plat or development plat. The following standards apply within the ETJ:
1. All standards that specifically state their application to the ETJ;
2. All standards of Chapter 4, Site Design, including:
  1. All standards of Article 4.1, Subdivision Design and Land Development;
  2. All standards of Article 4.2, Parking, Loading, Access, and Lighting, that apply to the applicant's use of property;
  3. All standards of Article 4.3, Environmental Quality and Resource Protection;
  4. All standards of Article 4.4, Tree Preservation, Buffering, and Landscaping;
  5. All standards of Article 4.5, Streets, Sidewalks, and Trails;
  6. All standards of Article 4.6, Infrastructure;
  7. All standards of Article 4.7, Signs;
3. For nonresidential and mixed-use buildings, except agricultural buildings, all standards of Division 5.1.200, Nonresidential and Mixed-Use Development;
4. For single- and two-family housing, all standards of Section 5.1.101, Single- and Two-Family Design Standards;
5. For multi-family buildings, all standards of Section 5.1.102, Multi-Family Design Standards; and
6. All standards Article 5.2, Supplemental Standards, as may be applicable to an applicant's use of a subject property.

Effective on: 1/1/1901

Sec. 1.2.101 Transitional Provisions

Generally. It is the intent of the City Commission to respect the property rights of existing or pending development approvals and development as set out in this Section.

Effect on Pending Applications.

Except as provided in Subsection C.2., below, each application for development approval shall be evaluated by the regulations that were in effect at the time the complete application was submitted.
Applications for development approval that were not pursued with due diligence may expire pursuant to Section 6.3.211, Stale Applications.

Effect on Development Approvals or Agreements that Predate the Effective Date.

It is the intent of the City Commission to respect existing development approvals or agreements. Development that is approved or for which there is an executed agreement may be carried out within the scope of that development approval or agreement, including applicable standards in effect at the time of the approval or agreement, provided that the approval or agreement is valid and has not lapsed, as set out in Section 6.3.211, Stale Application, or other applicable provisions of this UDC, or in the agreement itself.
Development approvals that are valid on the effective date of this UDC, are valid for the duration specified in or at the time approval. If no duration was in effect at the time of approval, the respective approval shall expire in accordance with Section 6.3.211, Stale Applications, or other applicable provisions of this UDC, or as specified in the agreement itself.
This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval or agreement.

Effect on Private Restrictions.

The provisions of this UDC do not abrogate private restrictions that affect the use, development, or maintenance of property. The provisions of this UDC will be enforced on property that is subject to private restrictions as provided in this Section.
The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this UDC, the City does not enforce private restrictions and only will enforce its own regulations.
The City will not interpret or apply private restrictions unless it is a party to them.
To the extent that the City is made aware of private restrictions:
1. If the private restrictions are more restrictive than the provisions of this UDC, or if they involve subject matter that is not addressed by this UDC or other provisions of the City’s ordinances, the City will only enforce the provisions of this UDC and other City existing ordinances. Enforcement of more restrictive provisions is at the sole discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Texas law).
2. If the private restrictions are less restrictive than the provisions of this UDC or other provisions of the City's existing ordinances, then the City will only enforce the provisions of this UDC and existing ordinances.

Effective on: 1/1/1901

Sec. 1.2.102 Severability

Severability Generally. If any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or this UDC.
Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., above, or elsewhere in this Section, this UDC, or any adopting ordinance, if any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or this UDC, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., and Subsection B.2., above, if any Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Article 4.7, Signs, or any other provision of this UDC that pertains to prohibited signs or sign elements. It is the intent of the City Commission to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Commission to regulate signage in a manner that implements the purposes of Article 4.7, Signs, as expressed in Section 4.7.101, Purpose and Application. The City finds that the purposes stated in Section 4.7.101, Purpose and Application, are legitimate, substantial, and compelling public interests, that the regulation of signage in Article 4.7, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Commission that only that portion of the provision that is found to relate to content be severed from this UDC, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Commission that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of, in descending order of priority:
1. sign height; and
2. sign area.

Effective on: 1/1/1901

Sec. 1.2.103 Conflicting Provisions

Generally. In the event that the provisions of this UDC conflict with each other or with other City ordinances:

The more restrictive provision shall control, if the provisions were adopted at the same time; or
The more recent provision shall control if the provisions were adopted at different times.

Effective on: 1/1/1901

Sec. 1.2.104 Repealer

Generally. The City Commission finds that the adoption of this UDC necessitates the repeal of all conflicting ordinances that existed on the effective date.

Repealed Ordinances. The following duly adopted ordinances of the City of Richmond, Texas, that existed on the effective date prior to the initial adoption of this UDC are hereby repealed:

Ord. No. 2011-10, Manufactured Home Ordinances;
Ord. No. 85-46, The Subdivision Ordinance of the City of Richmond (and as previously amended);
Ord. Nos. 2004-07 and 2005-02, Richmond Sign Ordinance.

Effective on: 1/1/1901