Sanger City Zoning Code
ARTICLE I
ADMINISTRATION AND REGULATIONS
Section 1 Preamble.
That the Zoning Ordinance of the City of Sanger, Texas, (Ordinance No. 1964-2) as passed and approved on February 3, 1964, together with all subsequent amendments thereto, is hereby amended in its entirety to read as follows:
(Ordinance 06-12-25 adopted 6/16/2025)
Section 2 Purpose.
Zoning Regulations and Districts are herein established in accordance with the City's most recent Comprehensive Plan, as adopted and amended, for the purpose of promoting the City's potential for families, businesses, and opportunities for responsible growth. They are designed to increase walkability, support the efficient use of land while enhancing the natural environment, plan for future public services that will adequately serve the community, support higher density residential and mixed-use development, and encourage infill development within the core of the City of Sanger. They are also designed to adequately delineate specific land uses between the Downtown and Citywide and ETJ areas.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 3 Zoning District Map and Boundaries.
A.
The boundaries of the zoning districts set out herein are delineated upon the Official Zoning District Map of the City of Sanger, Texas, said map being hereby adopted as a part of this ordinance as fully as if the same were set forth herein in detail.
B.
Two (2) original, official and identical copies of the Official Zoning District Map are hereby adopted bearing the signature of the Mayor and attestation of the City Secretary and shall be filed and maintained as follows:
1.
One copy shall be filed with the City Secretary, to be retained as the original record and shall not be changed in any manner.
2.
One copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits, certificates of occupancy and compliance and for enforcing the Zoning Ordinance.
3.
Reproductions for information purposes may from time to time be made of the Official Zoning District Map. The map may be updated as individual zoning requests are approved.
4.
If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters portrayed on the Official Zoning District Map, such changes shall be entered on the Official Zoning District Map promptly after the amendment has been approved by the City Council. No amendments to this ordinance which involves matter portrayed on the Official Zoning District Map shall become effective until after such change and entry has been made on said map. The City shall maintain records identifying the ordinance number making such changes and the effective date of the change.
5.
No changes of any nature shall be made in the Official Zoning District Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance.
6.
The Official Zoning District Map shall be made available to the public at all hours when the office of the City Secretary is open to the public and a digital copy shall be maintained on the City's website. Digital maps, created through the use of geographic information system technology, containing registration points recorded on the Texas State Plan Coordination System, as amended, may be used in the administration and enforcement of this ordinance, but shall not replace the paper originals of official maps required by this section.
7.
If the Official Zoning District Map is partially or entirely damaged, destroyed, lost, suffers deterioration, or is otherwise unreadable, the City Council may adopt a new Official Zoning District Map by ordinance following a public hearing. The new Official Zoning District Map that the City Council adopts under this section replaces and supersedes any prior Official Zoning District Map following adoption.
C.
The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
1.
Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the centerline of such street, highway or alley.
2.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.
3.
Boundaries indicated as approximately following city limits shall be construed as following city limits.
4.
Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.
5.
Boundaries indicated as approximately following the centerlines of streams, drainage ways or other bodies of water shall be construed to follow such centerlines.
6.
Boundaries indicated as parallel to or extensions of features indicated in Article I, Section 3.C.1 through Article I, Section 3.C.5 above shall be so construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the map.
7.
Whenever a street, alley, or other public way is vacated by official action of the City Council or the same is franchised for building purposes, the zoning districts bordering it on each side shall automatically extend to the centerline of such vacated or franchised street, alley, or other public way, and all affected areas shall then be subject to the regulations of the extended districts.
8.
Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of Article I, Section 3.C.1 through Article I, Section 3.C.7 or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered classified for A - Agricultural District, temporarily. In an area determined to be temporarily classified for A - Agricultural District, no person shall construct, add to or alter any building or structure or cause the same to be done; nor shall any use be located therein or on the land which is not permitted in an A - Agricultural District, unless and until such territory has been zoned to permit such use by the City Council.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 4 Temporary Zoning - Annexed Territory.
All territory hereafter annexed to the City of Sanger shall be temporarily classified for A - Agricultural District until permanent zoning is established by the City Council of the City of Sanger. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.
In an area temporarily classified as A - Agricultural District:
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 Sanger 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.
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 A - Agricultural District unless and until such territory has been classified in a zoning district other than the A - Agricultural District by the City Council in the manner prescribed by the law.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 5 Compliance.
All land, buildings, structures, or appurtenances thereon located within the City of Sanger, Texas, which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 6 Off-Street Parking and Loading Requirements.
To secure safety from fire, panic, and other dangers; to lessen congestion in the streets; to facilitate the adequate provisions of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land, minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
A.
Off-Street Parking Provisions - All Districts.
1.
All required parking spaces shall be located behind the required front setback line in the MF districts.
2.
Required off-street parking shall be provided on the same site as the use it is to serve unless the site is located within the downtown area.
3.
No parking shall be allowed except on a paved concrete or asphalt parking space in any district including, but not limited to, "I" - Industrial.
B.
Off-Street Loading Space - All Districts.
1.
All retail, commercial and industrial structures having three thousand (3,000) square feet or more of gross floor area, either in the building or lot, shall provide and maintain off-street parking facilities for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for each twenty thousand (20,000) square feet of gross floor area. A loading space shall consist of an area of a minimum of ten (10) by twenty-five (25) feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street.
2.
Kindergartens, day schools and similar child training and care establishments shall provide paved off-street loading and unloading space on a private drive to accommodate one (1) motor vehicle for each ten (10) students or children cared for by the establishment.
3.
Uses not listed in Article I, Section 6.C shall provide required off-street parking according to the most similar use listed in Article I, Section 6.C.
4.
Loading docks and areas shall be located within the building or on the lot adjacent to a public alley or private service drive.
C.
Schedule of Parking Requirements Based on Use.
1.
In all districts there shall be provided at the time any building or structure is erected or structurally altered off-street parking spaces in accordance with the following requirements:
USE | NUMBER OF PARKING SPACES | REQUIRED FOR EACH |
|---|---|---|
Residential | ||
Dwelling, Single-Family (Detached) | 2 enclosed plus a minimum parking space of seventeen (17) feet wide and seventeen (17) feet long | Per dwelling |
Dwelling, Single-Family (Attached) | 2 | Per dwelling |
0.5 | Per unit for guest parking | |
Dwelling, Two Family | 2 plus a minimum parking space of seventeen (17) feet wide and seventeen (17) feet long | Per dwelling |
Dwelling, Multifamily | 1 Per Efficiency Unit; 1.5 Per One (1) Bedroom Unit; 1.75 Per Two (2) Bedroom Unit; 2 Per Three (3) Bedroom Unit | |
Manufactured Home Park District | 2 plus Additional as Required Herein for Secondary Uses | Per stand or lot |
Motel or Hotel | 1 Per Sleeping Room or Suite plus 1 per each two hundred (200) square feet of commercial floor area | |
Rooming or Boarding House, Short-term Rental | 1 | Per sleeping room or per two (2) guests in the advertised capacity, whichever is greater |
Institutional | ||
Church or other Place of Worship | 1 | Per four (4) seats in main sanctuary/auditorium |
Day Nursery | 1.5 | Per teacher |
Government Office Buildings | 1 | Per two hundred (200) square feet of floor area |
High School, College, or University | 1 | Per three (3) Students |
Hospital | 2 | Per bed |
Library, Museum, or Art Gallery | 1 | Per three hundred (300) square feet of public floor area |
Lodge or Fraternal Organization | 1.25 | Per two hundred (200) square feet of floor area |
Mortuary or Funeral Home | 1 | Per two (2) persons normally accommodated in service |
School, Junior & Middle | 1 | Per twelve (12) students |
School, Kindergarten & Elementary | 1 | Per twenty (20) students |
Skilled Nursing Facility, Assisted Living Facility, or similar institution | 1 | Per bed |
Office, Professional, or Financial | ||
Bank, Savings, and Loan office | 1 | Per three hundred (300) square feet of floor area |
Dance, drama, or music studio | 1 | Per two (2) students |
Medical or Dental office | 5 plus 1 | Per one hundred-fifty (150) square feet of floor area |
Office, Professional | 5 plus 1 | Per three hundred (300) square feet of floor area |
Personal Service, Rental Uses | ||
Personal service establishment, excluding barber & beauty shops | 5 plus 1 | Per two hundred (200) square feet of floor area |
Barber and Beauty Shops | 1 | Per one hundred (100) square feet of floor area |
Retail Store or Personal Service Establishment except as otherwise specified herein | 1 | Per two hundred (200) square feet of floor area |
Furniture or Appliance Store, Hardware Store, Machinery or Equipment Sales and Services, Clothing or Shoe Repair or Service | 1 | Per four hundred (400) square feet of floor area |
Gasoline Station or Convenience Store | 1 | Per three hundred and fifty (350) square feet of floor area (excluding gasoline station pump islands) plus per three hundred (300) square feet of floor area where dine-in restaurants are included within a convenience store |
Motor Vehicle Salesrooms, Used Car Lots | 1 | Per five hundred (500) square feet of sales floor for indoor uses |
1 | Per one thousand (1,000) square feet of lot area for outdoor uses | |
Food and Beverage Service | ||
Eating or drinking establishment, service to auto | 12 plus 1 | Per fifty (50) square feet of floor area |
Eating or drinking establishment, no service to auto | 1 | Per three (3) persons (maximum occupant load for building) |
Food service establishment, carry-out service only | 1 | Per one hundred (100) square feet of floor area |
Recreation, Social, and Entertainment | ||
Bowling Alley | 6 | Per alley or lane |
Commercial Amusement | 30 plus 1 | Per one hundred (100) square feet of floor area over two thousand (2,000) square feet |
Golf Course (public) | Min. 30 | |
Indoor Skating Facilities | 1 | Per two and one-half (2.5) persons (maximum occupant load for building) |
[sic] | Plus 1 | Per three (3) persons based on spectator seating |
Theater/Cinema, Auditorium (except schools), Sports Arena, Stadium or Gymnasium | 1 | Per three (3) seats or bench seating spaces |
Private Club, Country Club, or Golf Club | 1 | Per one hundred-fifty (150) square feet of floor area or for every five (5) members, whichever is greater |
Storage, Wholesale, and Manufacturing | ||
Manufacturing | 1 | Per one thousand (1,000) square feet of floor area or per two (2) employees, whichever is greater |
Mini-Warehouse | 1 | Per three thousand (3,000) square feet of floor area |
Warehousing | 1 | Per two thousand (2,000) square feet of floor area or per two (2) employees, whichever is greater |
Wholesale or similar use | 1 | Per three thousand (3,000) square feet of floor area |
D.
Rates for Computing Number of Parking Spaces.
1.
In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
(A)
"Floor Area" shall mean the gross floor area of the specific use.
(B)
Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number.
(C)
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(D)
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
E.
Location of Parking Spaces.
1.
All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:
(A)
Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not more than three hundred (300) feet from an institutional building served and not more than three hundred (300) feet from any other non-residential building served.
(B)
Not more than fifty (50) percent of the parking spaces required for theaters, bowling alleys, cafes, or similar uses and not more than eighty (80) percent of the parking spaces required for a church or school auditorium or similar uses may be provided and used jointly by similar uses not normally open, used or operated doting the same hours as those listed; provided, however, that written agreement thereto is properly executed and filed as specified below.
(C)
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit.
F.
Use of Parking Spaces - All Districts.
1.
Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale.
G.
Vehicle Stacking Requirements for Drive Through Services.
1.
Generally.
Stacking spaces are used to measure the capacity of a drive-through lane to hold cars while transactions are taking place at drive-through stations. Stacking spaces measure eight feet six inches wide by 20 feet long and provide direct access to a service window. The position in front of a drive-through station (service window, ATM, or station at a drive-through bank) is counted as a stacking space.
2.
Requirements.
Uses that include drive-through service shall provide not less than the following numbers of stacking spaces:
(A)
Financial institutions, drive-through convenience retail, or pharmacies: Three stacking spaces per drive-through station.
(B)
Drive-through restaurants if two service windows are provided (one for payments and one for pick up): A minimum of nine (9) stacking spaces shall be provided designed as follows:
(i)
Four stacking spaces to the menu board;
(ii)
Three stacking spaces between the menu board and the first window (including position at the first window); and
(iii)
Two spaces between the first window and the second window (including the position at the second window).
 |
(iv)
If one service window is provided (for both payments and pick up):
a.
Six stacking spaces to the menu board;
b.
Three stacking spaces between the menu board and the service window.
c.
Dry Cleaners: Three stacking spaces, including the position at the window.
d.
Vehicle Wash:
e.
Three stacking spaces for each bay in self-service vehicle wash facility (including wash area);
f.
Five stacking spaces for each in-bay or conveyor vehicle wash facility; and
g.
If the facility provides detailing, manual drying or polishing, and/or vacuuming, sufficient area to provide those services without creating additional demand for stacking at the vehicle wash entrance.
h.
Stacking spaces for other uses are determined by the Development Service Director.
(C)
Design.
(i)
Stacking lanes shall be clearly marked, and shall not interfere with on-site or traffic circulation, whether on or off-site.
(ii)
Stacking areas shall not be located between the façade of a building and the public street upon which the building fronts unless there is a grade change of at least five feet between the centerline of the street and the stacking area or alternatively, there is a buffer yard installed.
(iii)
Stacking lanes shall be designed with an abutting nine-foot-wide bypass lane.
(iv)
Stacking begins at first stopping point.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 7 Special and Additional Regulations.
A.
Lot Regulations.
1.
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 time of passage of this ordinance shall be reduced in area below the minimum requirements set forth in the respective district.
2.
Location of Dwellings and Buildings.
Only one (1) main building for one-family and two-family use with permitted secondary buildings may be located upon a lot or platted tract. Every means of access shall have a minimum width of twenty-five (25) feet. Where a lot is used for retail and dwelling purposes, more than one (1) main building may be located upon the lot but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts. 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 Planning and Zoning Commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.
B.
Front Yards.
1.
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).
2.
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.
3.
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 (20) feet, except as approved by "PD" - Planned Development District or unless a variance is granted).
4.
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached secondary 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.
5.
Where lots have double frontage, coming through from one street to another, a required front yard shall be provided on both streets unless a building line for secondary buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.
6.
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.
7.
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.
8.
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front 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.
9.
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.
C.
Side Yards.
1.
Every part of a required side yard shall be open and unobstructed except for (a) secondary buildings as permitted herein; (b) the ordinary projections of window sills, belt courses, cornices, and other architectural features not more than twelve (12) inches into the required side yard; and (c) roof eaves projecting not more than thirty-six (36) inches into the required side yard. Balconies shall not project into the required side yard.
2.
For multifamily structures in the MF and PD Districts, a minimum side yard, or space between adjoining buildings, shall be fifteen (15) feet between building walls when such walls have openings for windows and access, and ten (10) feet when no openings exist.
3.
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 non-residential 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.
D.
Rear Yards.
1.
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 secondary 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.
E.
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.
1.
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. Neither the building permit nor the certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health department regulations.
2.
Requirements.
A swimming pool may be constructed and operated when:
(A)
The swimming pool is not located in an area designated as a front or side yard which directly abuts a street;
(B)
The swimming pool area or the surrounding yard area is fully enclosed by a wall or fence, not less than four (4) feet in height, with self-enclosing and self-latching gates at all entrances in accordance with the International Swimming Pool and Spa Code;
(C)
The lighting of the swimming pool is shielded or directed to face away from an adjoining residence. If lights are not individually shielded, they shall be so positioned that direct rays from the lights are not visible from adjacent properties, or the enclosing wall or fence shall be designed to prevent such visibility;
(D)
No broadcasting system is used to advertise the operation of the pool or attracting persons to the premises. This shall not prevent the use of a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and
(E)
The swimming pool is no closer than three (3) feet from any property line.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 8 Secondary Building Regulations.
A.
In a residential or multi-family district, a secondary building is a subordinate building exceeding one hundred twenty (120) square feet of floor area. Secondary buildings shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be used for commercial purposes, shall not be rented, and shall not be occupied. A permanent or portable carport is also considered a secondary building. The regulations detailed in Article I, Section 8.D through Article I, Section 8.F below shall govern buildings and structures secondary to single-family, two-family, and multi-family residential uses. Where multiple secondary structures exist on the same site, the combined sum of all secondary structures shall be used to determine the regulations applicable to size.
1.
Commercial purposes, in this section, shall be defined as the use of or occupation by people for a public purpose or economic gain which includes, but is not limited to retail sales, manufacturing, or service industry that otherwise impacts the normal volume of traffic in the residential area.
B.
In other districts, a secondary building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building. Secondary buildings shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be accessible to the general public, and shall not be rented, leased or sublet. A permanent or portable carport is also considered a secondary building. The regulations detailed in Article I, Section 8.D and Article I, Section 8.F below shall govern buildings and structures secondary to the main building.
C.
Accessory dwelling units in the Agriculture and Residential districts shall be allowed as an incidental residential use of a building on the same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family when approved as a Specific Use Permit, and meet the following standards:
1.
The accessory dwelling unit must be constructed to the rear of the main dwelling. Each lot must have a minimum of one-half (1/2) acre upon which an accessory dwelling unit may be constructed.
2.
The accessory dwelling unit may be constructed only with the issuance of a Building Permit.
3.
The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.
4.
Setback requirements shall be the same as for the main structure.
D.
No secondary building shall exceed twenty-five (25) feet in height, nor shall it be greater in height than the main structure.
E.
Area Regulation for Secondary Buildings in Residential and Multi-Family Districts:
1.
Size of Yards:
(A)
Front Yard: Secondary buildings are not allowed within the required front yard, with the exception of a garage or carport as outlined in subsection d below.
(B)
Side Yard: There shall be a side yard not less than three (3) feet from any side lot line, alley line, or easement line; except that adjacent to a side street, the side yard shall never be less than fifteen (15) feet.
(C)
Rear Yard: There shall be a rear yard not less than three (3) feet from any lot line, alley line, or easement line. Detached carports and garages or other secondary buildings, located within the rear portion of a lot as heretofore described, shall not be located nearer than three (3) feet to any side lot line. Attached carports and garages shall follow the same setback requirements as the main structure.
(D)
Any garage or carport constructed in a residential or multi-family district shall be set back not less than twenty (20) feet from any street or alley line on which it faces.
F.
Maximum number and size of secondary buildings:
1.
Agricultural districts.
(A)
Secondary buildings shall not exceed 15% of the square footage of the lot.
2.
Residential districts.
4.
Districts other than agricultural, industrial and residential.
(A)
The gross floor area of secondary buildings shall not exceed 30% of the square footage of the main building or 3,000 square feet whichever is greater.
(B)
In no case shall the total square footage of all secondary buildings exceed 6,000 square feet.
(C)
In no case shall the area of the lot covered exceed the limitations provided under the specific zoning districts.
(D)
The total square footage of all secondary buildings shall not exceed the square footage of the main building.
5.
Churches regardless of the zoning district may have no more than two secondary buildings. The total gross floor area of all secondary buildings shall not exceed 30% of the square footage of the main building or 3000 square feet whichever is more.
6.
Schools regardless of zoning district may utilize secondary buildings only as approved by the Planning and Zoning Commission and City Council.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 9 Landscape Regulations.
A.
Purpose.
It is the purpose of this section to establish certain regulations pertaining to landscaping within the City. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to:
1.
Promote the value of property, enhance the welfare, and improve the physical appearance of the City;
2.
Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and unvegetated surfaces within the urban environment; and
3.
Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare, and heat, provision of habitats for wildlife, and enhance the overall beauty of the City.
B.
Applicability.
The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new or altered (i.e., exceeding 50% of the original floor area) construction occurring within the City. Additionally, any use requiring a specific use permit (SUP) or a Planned Development - "PD" zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district.
C.
Minimum landscaping requirements within all single-family residential, two-family, manufactured housing, and residential office districts.
1.
For lots less than one (1) acre in size, solid sodded lawn for the entirety of the lot that is not otherwise covered by mulched planter beds, building(s) and/or driveway area(s). Lots greater than or equal to one (1) acre in size shall have solid sodded lawn for the entirety of the lot less the setback that is not otherwise covered by mulched planter beds, building(s) and/or driveway area(s).
2.
A minimum of one (1) large tree with a minimum caliper of three (3) inches measured at a height of six (6) inches above the ground shall be placed in the front of all residential lots.
3.
In addition to the requirements set forth in subsections (a) and (b), the following shall apply based on the lot size:
(A)
Lots less than 10,000 square feet:
(i)
One (1) ornamental tree with a minimum caliper of two (2) inches measured at a height of six inches above the ground to be placed at the preference of the owner, builder or developer within the residential lot.
(ii)
No less than ten (10) shrubs shall be placed in the front yard. Individual shrubs shall be a minimum of three (3) gallons in size when planted.
(B)
Lots between 10,000 and 19,999 square feet:
(i)
One (1) large tree with a minimum caliper of three (3) inches and two (2) ornamental trees with a minimum caliper of two (2) inches measured at a height of six inches above the ground to be placed at the preference of the owner, builder or developer within the residential lot.
(ii)
No less than eighteen (18) shrubs shall be placed in the front yard. Individual shrubs shall be a minimum of three (3) gallons in size when planted.
(C)
Lots 20,000 + square feet:
(i)
Two (2) large trees with a minimum caliper of three (3) inches and (3) ornamental trees with a minimum caliper of two (2) inches measured at a height of six inches above the ground to be placed at the preference of the owner, builder or developer within the residential lot.
(ii)
No less than twenty-five (25) shrubs shall be placed in the front yard. Individual shrubs shall be a minimum of three (3) gallons in size when planted.
4.
Location of trees:
(A)
No trees are to be planted within the parkway, the area between the back of curb and the right-of-way/property line.
(B)
Trees are to be placed in a location which does not interfere with overhead and/or underground utility easements.
(C)
Trees are to be spaced so that at mature growth their canopies do not interfere with one another.
D.
Minimum landscaping requirements for multi-family uses and townhomes.
1.
Landscape buffer.
A landscape buffer that is generally a minimum of ten (10) feet in width but no less than 3 feet in width in congested areas shall be provided adjacent to all streets, and be exclusive of street rights-of-way or utility easements. The following landscaping shall be required within the buffer:
(A)
One (1) tree (three-inch caliper minimum) shall be planted every 50 linear feet or portion thereof of the landscape buffer. The number of required trees shall be calculated solely on the area within the perimeter of the required landscape buffer.
(B)
Where parking spaces are located adjacent to the landscape buffer, evergreen shrubs, a minimum size of five (5) gallons must be planted to provide a solid three-foot tall opaque screen after two (2) years. The shrubs shall be of a species common or adaptable to this area of the state and not on the list of prohibited plants in an adopted city, county, or state list of prohibited or invasive species.
(C)
Where the landscape buffer abuts a parking lot or drive aisle, continuous or intermittent curbs, wheel stops, or similar solid and semi-permeable barriers shall be installed.
(D)
Permeable surfaces within the landscape buffer shall be comprised of grass, groundcover, planting beds, or mulched areas. Gravel, rock, bark mulch or other similar materials may only be used underneath the tree canopy and shrubs in a required landscape buffer. Where bark mulch is used as groundcover, it shall be contained with edging material and shall be maintained at a constant depth of four (4) inches.
(E)
Where the location of existing overhead utility lines conflict with the tree planting requirements within the landscape buffer, the developer may choose from two options:
(F)
Where easements containing underground utilities conflict with tree planting requirements within the required landscape buffer, the trees shall be planted outside the utility easement on the property owner's side and adjacent to the required landscape buffer.
2.
Parking area landscaping.
(A)
Twenty (20) square feet of landscaping shall be required for each parking space provided.
(B)
One (1) tree (three-inch caliper minimum) shall be required for every twelve (12) parking spaces provided.
(C)
All landscaped areas within a parking lot shall be protected by a raised six-inch concrete curb.
3.
Bufferyards.
Multi-family uses shall buffer when adjacent to single-family or attached housing uses. A landscape buffer that is generally a minimum ten (10) feet in width but no less than three (3) feet in width in congested areas shall be provided and shall contain at a minimum the following elements:
(A)
One (1) tree (three-inch caliper minimum) shall be planted every 50 linear feet or portion thereof of the bufferyard.
(B)
Permeable surfaces within the bufferyard shall be comprised of grass, groundcover, planting beds, or mulched areas. Gravel, rock, bark mulch or other similar materials may only be used underneath the tree canopy and shrubs in a required bufferyard. Where bark mulch is used as groundcover, it shall be contained with edging material and shall be maintained at a constant depth of four (4) inches.
(C)
Any required fencing and screening walls shall be placed behind the required bufferyard.
E.
Minimum landscaping requirements for nonresidential uses.
1.
B-1 and B-2 Business Districts.
(A)
Landscape Area.
Landscaping of twenty (20) percent of the total lot area shall be required. Not less than forty (40) percent of the total required on-site landscaping shall be located in the designated front yard.
(B)
Perimeter screening.
Any parking lot or portion thereof that is visible from the public right-of-way and contains fifteen (15) parking spaces or more shall provide perimeter screening. The perimeter of each parking lot, excluding driveways, which fronts upon or is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) inches and installation height of eighteen (18) inches or greater, and spaced no more than twenty-four (24) inches apart, edge to edge. Such perimeter screening shall be counted toward meeting the minimum square footage of required landscaping for the site.
(C)
Interior landscaping of parking lot.
Any parking lot or portion thereof which is constructed and contains thirty-six (36) parking spaces or more shall provide permanently landscaped areas consisting of planter islands. Such interior landscaping shall be counted toward meeting the minimum square footage of required landscaping for the site.
(i)
Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree with a minimum caliper of three (3) inches. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three (3) feet in height. Such island shall be a minimum of eight (8) feet wide, and shall extend the length of the adjacent parking space.
(ii)
Landscaping located within a planter island shall be delineated from the surrounding paved area by a curb or barrier, constructed of masonry or concrete, of not less than six (6) inches in height around the perimeter of the island.
(iii)
Planter islands shall not be required when parking spaces are located behind a building and are screened from view of the street.
(iv)
For large existing trees located in the parking area, which are being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.
(v)
Landscaping within a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 36 inches in height and seven feet in height. No shrubs shall be allowed to exceed 36 inches in height. Tree canopies shall be at least seven feet in height.
(vi)
Alternative location of planter islands within a parking lot shall be given consideration by the City Manager or his/her designee on a case-by-case basis.
(vii)
For parking lots containing less than thirty-six (36) spaces, credit for two (2) parking spaces may be provided for each planter island of at least ten (10) feet by twenty (20) feet. Credit for parking spaces cannot reduce the overall parking requirement by more than ten (10) percent or to less than ten (10) total spaces.
(D)
Bufferyards.
Commercial uses shall buffer when adjacent to single-family, attached housing, multi-family, and lesser commercial uses. A landscape buffer that is generally a minimum of ten (10) feet in width but no less than 3 feet in width in congested areas shall be provided and shall contain at a minimum the following elements:
(i)
One (1) tree (three-inch caliper minimum) shall be planted every 50 linear feet or portion thereof of the bufferyard.
(ii)
Permeable surfaces within the bufferyard shall be comprised of grass, groundcover, planting beds, or mulched areas. Gravel, rock, bark mulch or other similar materials may only be used underneath the tree canopy and shrubs in a required bufferyard. Where bark mulch is used as groundcover, it shall be contained with edging material and shall be maintained at a constant depth of four (4) inches.
(iii)
Any required fencing and screening walls shall be placed behind the required bufferyard.
(iv)
Such landscape buffer shall be counted toward meeting the minimum square footage of required landscaping for the site.
(E)
UMU Urban Mixed-Use District is exempt from the requirements of this ordinance.
2.
I-Industrial District.
(A)
Landscape Area.
Landscaping of twenty (20) percent of the total lot area shall be required. For sites larger than 50 acres, the landscaping requirement shall be reduced to ten (10) percent. Not less than forty (40) percent of the total required on-site landscaping shall be located in the designated front yard.
(B)
Perimeter screening.
Any parking lot or portion thereof that is visible from the public right-of-way shall provide perimeter screening. The perimeter of each parking lot, excluding driveways, which fronts upon or is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) inches and installation height of eighteen (18) inches or greater, and spaced no more than twenty-four (24) inches apart, edge to edge. Such perimeter screening shall be counted toward meeting the minimum square footage of required landscaping for the site. Perimeter landscape areas shall contain at least one (1) tree (three-inch caliper minimum) for each 50 lineal feet or fraction thereof of perimeter area.
(C)
Interior landscaping of parking lot.
A minimum of 10% of the gross parking area shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. Such interior landscaping shall be counted toward meeting the minimum square footage of required landscaping for the site. The following additional criteria shall apply to the interior of parking lots:
(i)
Planter islands must be located no further apart than every eighteen (18) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree with a minimum caliper of three (3) inches. The remaining permeable space shall not exceed three (3) feet in height and shall be grass, shrubs, groundcover, or a combination of these materials. Gravel, bark mulch, decomposed granite or other similar materials shall only be used under tree canopy and shrubs. Such island shall be a minimum of eight (8) feet wide, and shall extend the length of the adjacent parking space.
(ii)
Landscaping located within a planter island shall be delineated from the surrounding paved area by a curb or barrier, constructed of masonry or concrete, of not less than six (6) inches in height around the perimeter of the island.
(iii)
Planter islands shall not be required when parking spaces are located behind a building and are screened from view of the street.
(iv)
For large existing trees located in the parking area, which are being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.
(v)
Landscaping within a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 36 inches in height and seven feet in height. No shrubs shall be allowed to exceed 36 inches in height. Tree canopies shall be at least seven feet in height.
(vi)
Alternative location of planter islands within a parking lot shall be given consideration by the City Manager or his/her designee on a case-by-case basis.
(D)
Bufferyards.
Industrial uses shall buffer when adjacent to a different use. A landscape buffer that is generally a minimum of fifteen (15) feet in width but no less than 3 feet in width in congested areas shall be provided and shall contain at a minimum the following elements:
(i)
One (1) tree (three-inch caliper minimum) shall be planted every 50 linear feet or portion thereof of the bufferyard.
(ii)
The remainder bufferyard shall be landscaped with shrubs, lawn, ground cover and other landscape materials.
(iii)
Any required fencing and screening walls shall be placed behind the required bufferyard.
(iv)
Such landscape buffer shall be counted toward meeting the minimum square footage of required landscaping for the site.
(v)
If such bufferyard is already in place, no additional buffer shall be required.
(E)
Outdoor storage screening.
(i)
Any outdoor storage area, or portion thereof, must be screened from public rights-of-way using live evergreen screening plants, six (6) feet in height at installation, spaced no more than eighteen (18) inches apart, edge to edge.
(ii)
A fence or wall may also be used for outdoor storage area screening, provided it is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material. Dumpster enclosure openings may not face public rights-of-way.
F.
Xeriscaping Planting Techniques.
The City recognizes that it is desirable to accommodate xeriscape practices as a method of landscaping that promotes water conservation. If xeriscaping planting techniques are to be used, the xeriscaped area, methodology and plant selection shall be clearly located and detailed on the site plan.
G.
Landscape Plan Required.
1.
Landscape plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.). A landscape plan meeting the requirements of this ordinance shall be provided and approved prior to the issuance of a building permit. No landscape plan is required for residential construction subject to the landscaping requirements set forth in Article I, Section 9.C, unless xeriscaping planting techniques are to be implemented.
2.
The landscape plan shall contain the following information:
(A)
Drawn to scale;
(B)
Location of all trees to be preserved. The method of preservation during the construction phase of development shall be approved by the City Manager or his/her designee;
(C)
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
(D)
Species of all plant material to be used;
(E)
Size of all plant material to be used;
(F)
Spacing of plant material where appropriate;
(G)
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
(H)
Description of maintenance provisions of the landscape plan;
(I)
Persons responsible for the preparation of the landscape plan;
(J)
North arrow/symbol, and a small map showing where the property is located;
(K)
Date of the landscape plan.
H.
Installation and Maintenance.
1.
The owner, tenant and/or their agent, if any, shall be responsible for the maintenance of all landscaping.
2.
All required landscaped areas shall be equipped with, and 100% covered by, an automatic, underground irrigation system with freeze and moisture sensors to prevent watering during periods of time with rain or when temperatures are at or below 32°F. A registered landscape architect licensed to practice within the State of Texas shall design the irrigation system. If appropriate and attractive xeriscape planting techniques are utilized (these techniques are encouraged by the City, if designed and maintained appropriately), the requirement for an underground irrigation system may be waived if an alternative irrigation system/device is approved at the time of landscape plan approval.
Exemption: single-family, two-family and manufactured home lots and developments shall be exempt from the above irrigation system requirements.
3.
Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
4.
All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, replacing, etc.
5.
Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements.
6.
Plant materials which die shall be replaced with plant material of similar variety and size within 90 days, with a one-time extension not exceeding 90 days being provided upon approval of the City Manager or his/her designee.
7.
All plants used to satisfy this section shall be of a species common or adaptable to this area of the state and shall not be included on the list of prohibited plants in an adopted city, county, or state list of prohibited or invasive species.
I.
Visibility.
Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more streets or driveways occur, a triangular visibility area, as described below, shall be created. Landscaping within the triangular area shall be designed to provide unobstructed cross-visibility at a level between two and seven feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas shall comply with the sight triangle illustrations below. In the event that visibility obstructions are apparent in the proposed landscape plan, as determined by the Director of Development Services or his/her designee, the requirements set forth herein may be reduced to the extent to remove the conflict.
 |
J.
Permits and Certificate of Occupancy.
1.
No building permits shall be issued until a landscape plan is submitted and approved by the Director of Development Services or his/her designee, along with the site plan and engineering/construction plans. No landscape plan is required for residential construction subject to the landscaping requirements set forth in Article I, Section 9.C, unless xeriscaping planting techniques are to be implemented.
2.
Prior to the issuance of the certificate of occupancy for any building or structure, all screening and landscaping shall be placed in accordance with the landscape plan. In any case in which a certificate of occupancy is sought at a season of the year in which the Director of Development Services or his/her designee determines that it would be impractical to establish landscaping, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur.
K.
Nonconforming Uses and/or Structures.
All uses that were in existence at the time of the adoption of this ordinance, which do not meet the landscape requirements, will be considered legal nonconforming. These nonconforming uses/structures will be subject to compliance at the time of circumstances specified in Article III, Section 20.D of this ordinance.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 10 Platting Property Not Permanently Zoned.
A.
The Planning and Zoning Commission shall not approve any plat of any subdivision within the City limits until the area covered by the proposed plat have been permanently zoned by the City Council.
B.
The Planning and Zoning Commission shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City is pending before the City Council, unless and until such annexation has been approved by resolution by the City Council.
C.
In the event the Planning and Zoning Commission holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The Commission may make a recommendation on both matters to the City Council and the City Council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 11 Creation of a Building Site.
A.
No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:
1.
The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission, and filed in the Plat Records of Denton County, Texas.
2.
The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this ordinance or prior to annexation to the City, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this ordinance may be issued on each such original separately owned parcel without first complying with Paragraph 1 [subsection A.1.] preceding.
3.
The plot or tract is all or part of a site plan officially approved by the Planning and Zoning Commission and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all plots, tracts or lots must meet all applicable street access requirements in accordance with the City's subdivision ordinance.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 12 Rules of Construction.
A.
General Rules of Construction.
The following rules of construction shall apply to the interpretation of words used in this ordinance:
1.
Words used in the present tense include the future tense;
2.
Words used in the singular number include the plural number;
3.
Words in the plural number include the singular number;
4.
The words "building" and "structure" are synonymous;
5.
The words "lot," "plot" and "tract" are synonymous; and
6.
The word "shall" is mandatory and not discretionary.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 13 Building Permits and Certificates of Occupancy.
A.
General Requirements.
No permanent structure may be constructed or otherwise located within the City limits prior to issuance of a building permit by the Development Services Department. No permanent structure constructed or otherwise located within the City limits may be occupied prior to issuance of a certificate of occupancy by the building inspector. No change in the existing conforming use of a permanent structure or of land to a use of a different classification under this ordinance, and no change in the legally conforming use of a permanent structure or of land may take place prior to issuance of a certificate of occupancy by the Director of Development Services or his/her designee.
B.
Procedure for New or Altered Building.
Plans for any permanent structure to be constructed or otherwise located within the City limits must be approved by the Development Services Department who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the applicable International Building Code. Upon submission of a complete application, the building inspector shall issue a building permit. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building inspector shall conduct a foundation, plumbing, electrical and framing inspection. After all such relevant inspections, the building inspector shall issue a certificate of occupancy if the plans and the results of the inspection comply with the provisions of all applicable ordinances and regulations.
C.
Procedure for Vacant Land or a Change in Use.
Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the Director of Development Services or his/her designee. If the proposed use is found to be in conformity with the provisions of this ordinance, the Certificate of Occupancy shall be issued within ten (10) days after the application for same has been made and all required inspections are completed and approved by the Director of Development Services or his/her designee.
D.
Contents of Certificate of Occupancy.
Every Certificate of Occupancy shall contain a statement that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all Certificates of Occupancy shall be kept on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
E.
Posting of Certificate of Occupancy.
The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Director of Development Services or his/her designee.
F.
Temporary Certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its completion. Issuance of a temporary certificate shall not be construed to alter the respective rights, duties, or obligations of the owner or of the City relating to the use occupancy of the premises or any other matter covered by this ordinance.
G.
Certificates for Nonconforming Uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this ordinance. It shall be the duty of the Director of Development Services or his/her designee to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this ordinance.
H.
Revocation of Certificate of Occupancy.
The Director of Development Services or his/her designee may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this ordinance whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this ordinance or the building code and other codes adopted by the City, and any amendments thereto.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 14 Changes and Amendments.
A.
Declaration of Policy.
The City declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
B.
Authority to Amend Ordinance.
The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the City Council, may be initiated by the Planning and Zoning commission, or may be requested by the owner of affected real property or the authorized representative of an owner of affected real property.
C.
Public Hearing.
Prior to making a report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing on each application.
D.
Notice Requirements.
1.
Publication.
Notice of all City Council public hearings regarding a zoning classification, zoning district boundary, or zoning regulation, shall be published in the City's designated official newspaper at least sixteen (16) days prior to the date of the City Council public hearing.
2.
Mail.
Notice of public hearings must be provided by mail in accordance with the following:
(A)
Classification.
For any change to a property's zoning classification, notice of the Planning and Zoning Commission public hearing must be sent to all owners of real property within two hundred (200) feet of the subject property at least eleven (11) days before the public hearing.
(B)
Residential.
For any change in a zoning classification pertaining to property that is, or will be, subject to residential or multifamily zoning, notice of the Planning and Zoning Commission public hearing must be sent to each school district in which the property is located at least eleven (11) days before the public hearing.
(C)
Nonconforming Use; Notice of Planning and Zoning and City Council.
For any proposed adoption of or change to a zoning regulation or boundary that would render a current conforming use of property nonconforming if adopted or changed, and the City has actual knowledge of such nonconformity, notice of the Planning and Zoning Commission public hearing and the City Council public hearing must be sent to each owner of real or business personal property where the proposed nonconforming use is located and to each occupant of such property at least ten (10) days before the Planning and Zoning Commission public hearing date. In addition to any other requirement, notice under this paragraph must include the following:
(i)
Date, time, and location of the Planning and Zoning Commission public hearing and the City Council public hearing.
(ii)
The following text in bold, 14-point type or larger:
"THE CITY OF SANGER IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY." |
An owner or occupant of real property in the City that desires to receive the notice required under this subsection for future proposed adoptions of or changes to zoning regulations or boundaries may register their use of the property with the City using a form provided by the City. Any applicant for a proposed adoption of or change to a zoning regulation or boundary must include in the application a list of existing uses and owners and occupants in the area affected by such proposed adoption of or change to a regulation or boundary and identify any such uses that will be rendered nonconforming by the proposed adoption of or change to a zoning regulation or boundary. |
(D)
Ownership of property, whether real property or business personal property, and the address of the owner of such property is determined by the most recently approved municipal tax roll. Notice sent to the address of the property as indicated by the appraisal district at the time such notice is sent constitutes notice to the occupant of such property.
(E)
Notice by mail is sent on the date deposited with the United States mail, properly addressed, and postage prepaid.
E.
Specific Use Permits.
A Specific Use Permit is considered a change to a property's zoning classification and the notice provisions pertaining to zoning classifications apply to hearings regarding a Specific Use Permit.
F.
Commission Consideration and Report.
The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Plan. The Planning and Zoning Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Planning and Zoning Commission shall consider the following factors:
1.
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.
2.
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.
3.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.
4.
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
5.
The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.
6.
Any other factors which will substantially affect the public health, safety, morals or general welfare.
G.
Council Consideration.
1.
Proposal Recommended for Approval.
When the Planning and Zoning Commission determines that a proposal should be approved, the Commission shall forward the proposal and recommendation for approval to the Council for a public hearing thereon. No ordinance change shall become effective until after the adoption of the ordinance and its publication as required by law.
2.
Proposal Recommended for Denial.
When the Planning and Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the Council and notify the applicant. When a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval. A request which has been denied by the Planning and Zoning Commission and/or City Council may be resubmitted at any time for reconsideration by the City (a new filing fee must accompany the request). The Planning and Zoning Commission and/or City Council may specifically deny any request with prejudice. If a request has been specifically denied with prejudice, the request may not be resubmitted to the City for one (1) year from the original date of denial.
3.
Council Hearing and Notice.
Required notice of City Council hearing shall be given by publication in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication.
(A)
Joint Hearings.
The City Council and the Planning and Zoning Commission may hold a joint public hearing on any proposed amendment, supplement, or change by ordinance to the boundaries of the districts or regulations herein. The joint public hearing shall be conducted in accordance with the rules of procedure adopted by the City Council. Both the City Council and the Planning and Zoning Commission shall have the opportunity to hear public testimony and ask questions.
4.
Three-Fourths Vote.
If written protest of such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged in accordance with Section 211.006(d) of the Texas Local Government Code, as amended, by the owners of twenty (20) percent or more of either the area of the lots included in such proposed change or those immediately adjacent to and extending two hundred (200) feet therefrom, such amendment shall not become effective except by a three-fourths vote of the members of the City Council of the City of Sanger.
H.
Final Approval and Ordinance Adoption.
Upon approval of the zoning request by the City Council, the amending ordinance with the metes and bounds description shall then be presented to the City Council for consideration and adoption. The City Council may, at its discretion, recall the request and schedule a new public hearing if not approved within six (6) months.
I.
Chapter 211 Controls.
To the extent of any conflict between Chapter 211 of the Texas Local Government Code and this section, Chapter 211 of the Texas Local Government Code controls.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 15 Preserving Rights in Pending Litigation.
By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless such use specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was amended in its entirety by this Ordinance, shall be discharged or affected by such repeal; but prosecution and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending may be proceeded with in all respects as if such prior ordinance had not been amended.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 16 Penalty for Violations.
Any person or corporation violating any of the provisions of this ordinance shall upon conviction be fined the sum of two hundred dollars ($200) per day; and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where such property owner may be affected or invaded by a violation of the terms of the ordinance to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.
(Ordinance 06-12-25 adopted 6/16/2025)
Section 17 Validity, Severance, and Conflict.
If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall be severed from and shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so dedicated to be invalid or unconstitutional. It is intended that this ordinance entirely replaces and supersedes all provisions of the existing zoning ordinance, Ordinance No. 1964-2 of the City of Sanger, Texas, as amended. To the extent any provision of this ordinance conflicts with other ordinances of the City of Sanger the terms of this ordinance shall control.
(Ordinance 06-12-25 adopted 6/16/2025)