Smithville City Zoning Code
PART 2
ZONING CATEGORIES
§ 2.1 Zoning Categories Established.
The following districts are hereby established for the City:
2.1.1
Residential Districts:
A. | SF-1 | Single Family District |
B. | SF-2 | Single Family & Duplex District |
C. | TH | Townhouse District |
D. | MF | Multiple Family District |
E. | MH | Manufactured Housing Park District |
F. | MHS | Manufactured Home Subdivision |
G. | MR | Mixed Residential |
2.1.2
Commercial Districts:
A. | C-1 | Neighborhood Shopping District |
B. | C-2 | General Commercial District |
C. | C-3 | Highway Commercial District |
D. | CBD | Central Business District (Mixed Use) |
E. | RVP | Recreational Vehicle Park District |
2.1.3
Industrial Districts:
A. | I Industrial District |
2.1.4
Public and Quasi-Public Districts:
A. | P | Parks and Open Space District |
B. | CF | CF Community Facilities District (Government, Health Care, and Education) |
2.1.5
Planned Development Districts:
A. | PDD | Planned Development District (Alternative Standards and/or Mixed Use) |
B. | PD-Z | Zero Lot Line Garden Home District |
2.1.6
Overlay Districts:
A. | HD | Historic Overlay District |
B. | HCD | Historic Commercial Overlay District |
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2019-566, sec. A, adopted 7/8/19)
§ 2.2 Zoning Categories.
The following regulations apply within the indicated zoning districts. Uses indicated “by right” are permitted by right within the relevant district, provided that such uses and the land on which they are located otherwise comply with this Ordinance. Uses indicated “SUP” are permitted within the relevant district following the issuance of a special use permit and provided that such uses and the land on which they are located otherwise comply with this Ordinance. Uses not listed or otherwise authorized within a zoning district are prohibited.
2.2.1
SF-1 - Single Family Residential District
A.
Description.
The SF-1 Single Family Residential District, or SF-1 District, is the most restrictive zoning district. The principal use of land is for single-family dwellings. These residential areas are appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.
B.
Uses.
USE | BY RIGHT | SUP |
|---|---|---|
Single family dwelling | X | |
Accessory buildings | X | |
Private garage | X | |
Home-based business | X | |
Religious Facility | X | |
Public Safety Facility | X | |
Public Recreation Facility | X | |
Child care center | X | |
Educational facility | X | |
Bed and breakfast | X | |
Boarding house | X | |
Country inn | X | |
Guest house/studio | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum Height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard setback, primary building | 7-1/2 feet (one story building) | or 10 feet for buildings over one story |
Minimum setback of accessory building from front property line | 65 feet | |
Minimum side yard setback, corner lots, first 65 ft from front property line | 15 feet | 25 feet when abutting another corner lot |
Minimum side yard setback, corner lots, greater than 65 ft from front property line | 7-1/2 feet | or 10 feet for buildings over one story |
Minimum side yard setback, churches | 25 feet | |
Minimum side yard setback, accessory building | 3 feet | |
Minimum rear yard setback (min. setback is the smaller of the two) | 20 feet | or 20% of lot depth |
Minimum rear yard setback, accessory buildings | 3 feet | |
Minimum lot size, residential lots | 6,500 sf | |
Minimum lot size, religious facilities and country inns | 21,000 sf | |
Minimum lot size, all other uses | Accommodate setbacks and parking needs | |
Minimum lot width | 50 feet at front building line | and 35 feet at street |
Maximum lot coverage by all buildings on the lot | 40% lot area | |
Maximum rear yard coverage by accessory buildings | 30% rear yard |
2.2.2
SF-2 - Single Family and Duplex District
A.
Description.
The SF-2 Single Family and Duplex District, or SF-2 District, is slightly less restrictive than the SF-1 District. The principal use of land is for single-family dwellings and duplexes. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.
B.
Uses.
Cumulative rights of use. All uses permitted in the SF-1 district are permitted in the SF-2 district. All permissible uses in addition to those permitted in SF-1 are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Duplex or two-family dwelling | X | |
Garage apartment | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum Height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum setback of accessory building from front property line | 65 feet | |
Minimum side yard setback, primary building | 5 feet (one story building) | or 10 feet for buildings over one story |
Minimum side yard setback, corner lots, first 65 ft from front property line | 15 feet | 25 feet when abutting another corner lot |
Minimum side yard setback, corner lots, >65 ft from front property line | 5 feet | or 10 feet for buildings over one story |
Minimum side yard setback, churches | 25 feet | |
Minimum side yard setback, accessory building | 3 feet | |
Minimum rear yard setback (min. setback is the smaller of the two) | 20 feet | or 20% of lot depth |
Minimum rear yard setback, accessory buildings | 3 feet | |
Minimum lot size, residential lots | 6,500 sf | And at least 3,250 sf per dwelling unit |
Minimum lot size, religious facilities and country inns | 21,000 sf | |
Minimum lot size, all other uses | Accommodate setbacks and parking needs | |
Minimum lot width | 50 feet at front building line | and 35 feet at street |
Maximum lot coverage by all buildings on the lot | 40% of lot area | |
Maximum rear yard coverage by accessory buildings | 30% of rear yard |
2.2.3
TH - Townhouse District
A.
Description.
The TH Townhouse District, or TH District, is a residential district designed to allow the use of existing partial lots without having to aggregate two or more lots to meet side yard and frontage requirements for single family homes. It also opens the way for additional townhouse developments in response to market demands for such housing.
B.
Uses.
Cumulative rights of use. All uses in the SF-2 District are permitted in the TH Townhouse District. All permissible uses in addition to those permitted in SF-2 are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Townhouse | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 15 feet | |
Minimum rear yard setback (min. setback is the smaller of the two) | 20 feet(1) | or 20% of lot depth |
Minimum side yard setback, end unit, corner lot | 15 feet (1) | |
Minimum side yard setback, end unit, interior lot | 7-1/2 feet(1) | |
Minimum lot size, residential | 3,125 sf | |
Minimum lot size, all other uses | Accommodate setbacks and parking needs | |
Minimum lot width | 25 feet | |
Minimum lot depth | 125 feet | |
Maximum lot coverage by all buildings on the lot | 70% lot area | |
Minimum open space | 30% gross land area |
NOTES: | |
|---|---|
1. | Setbacks are applicable to yard conditions where there is not a shared wall with a neighboring unit. Where there is a shared wall, the minimum required setback is 0 feet. |
2.2.4
MF - Multiple Family Residential District
A.
Description.
The MF Multiple Family Residential District, or MF District, is a district to provide for medium and high population density. The principal use of land may range from single-family to multiple family and garden apartment uses. Certain uses which are more compatible functionally with intensive residential uses than with commercial uses permitted. The recreational, religious and educational facilities normally required to provide an orderly and attractive residential area are permitted. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and relationship of each use permitted in the District.
B.
Uses.
Cumulative rights of use. All uses permitted in the SF-2 District are permissible in the MF District. All permissible uses in addition to uses permitted in the SF-2 District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Multiple family dwelling | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard | 25 feet | |
Minimum rear yard setback | 25 feet | or 50 feet (including parking areas) if lot backs up to SF-2 or more restrictive district |
Minimum open space | 30% gross land area | |
Maximum lot coverage by all buildings on the lot | 70% lot area |
D.
Additional Site Design Standards.
The following design standards apply to multiple family dwellings:
1.
A brick, stone or acceptable masonry wall or solid wood fence not less than six (6) feet high must be provided along rear property line when a lot on which there is a multiple family dwelling abuts property zoned SF-2 or more restricted.
2.
Open space shall be used for people, planting, and visual appeal.
3.
Any room other than a living room, bathroom, dining room and kitchen shall be counted as a bedroom.
4.
The minimum lot size is the greater of 15,000 square feet or the square footage calculated according to the following schedule:
5.
More than one multifamily building may be built on a single lot.
6.
The minimum distance between multifamily buildings is twenty (20) feet.
2.2.5
MH - Manufactured Housing Park Residential District
A.
Description.
The MH Manufactured Housing Park Residential District, or MH District, is a district to provide for medium and high population density in manufactured single-family dwellings and manufactured homes. The principle use of land is intended to be manufactured housing in a licensed manufactured housing park setting but uses may range from single-family to multiple family dwellings. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air and open space for dwellings and relationships for each use permitted in the District.
B.
Uses.
Cumulative rights of use. All uses permitted in the MF District are permissible in the MH District. All permissible uses in addition to uses permitted in the MF District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Manufactured home | X | |
Temporary construction building | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | 35 feet |
Minimum front yard setback | 25 feet if fronting a public street | or 10 feet if fronting an internal (private) street |
Minimum side yard | 15 feet if centered within lot | or 30 feet if home is on a lot line |
Minimum rear yard setback | 25 feet if abutting a public street | or 10 feet if abutting an internal (private) street |
Minimum distance between buildings | 30 feet | |
Minimum size of manufactured housing park | 3/4 acre | |
Minimum lot size (the larger of the two measured values) | 3,000 sf | Or 3 times the area of the home |
D.
Additional Site Design Standards.
1.
Licensing:
All manufactured home parks shall be licensed and shall comply with all licensing requirements for manufactured home parks provided in Article 4 of this Ordinance, titled Standards for Particular Uses.
2.
Streets and Walkways:
Each MH Park shall have direct access to a public street and each manufactured home space shall have direct access to a public street or to a private street provided by the owner of the MH Park. If the MH Park owner uses private streets, they will dedicate a minimum of 15 feet as an emergency access easement. If the private street does not join at both ends to a public street, a turn-around will be provided with a minimum sixty (60) foot diameter. Private streets will be paved and guttered to city specifications and will provide a 48-inch wide pedestrian access to each home from the street.
3.
Utility Services:
In the layout of MH Parks, the owner shall provide a utility easement appropriate to the number and size of each utility. Each lot will be provided with an electrical utility pole for meter placement. Water will be supplied to a water meter furnished by the city with the MH Park owner responsible for the line from the meter to the home. Sewer will be provided by the city with the MH Park owner responsible for the line from the sewer main to the home. Solid Waste can be individual home pick up or group containers at the MH Park owners’ option. If group container is selected it must be screened and kept clean by the owner. Drainage plans must be drawn up by the owner and submitted to the city before a MH Park will be approved. Gas will be supplied by the natural gas supplier for the city.
4.
Fire Protection and Tie Down Requirements:
Each manufactured home will have fire resistant skirting around the base of the home with the appropriate number of vents, screens and/or openings. This must be a condition of rental of the space and needs to be accomplished within 30 days of placement of the home. Each home will conform to the tie down requirements of the Texas Department of Housing and Community Affairs for a Non-Hurricane Zone. This requirement will also be a condition of rental of space in the MH Park.
5.
Noise Barrier Required:
A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all uses and activities on commercial properties, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MH, or any other residential district.
2.2.6
MHS - Manufactured Home Subdivision District
A.
Description.
The MHS Manufactured Home Subdivision District, or MHS District, is designed to allow HUD Code Manufactured Homes to be placed in a subdivision that has some appearance, spacing and square footage controls. The density of housing is intended to be no greater than that allowed in SF-1 Districts.
B.
Uses.
The uses listed below are permissible in the MHS District.
USE | BY RIGHT | SUP |
|---|---|---|
Single family dwelling | X | |
Manufactured home | X | |
Home-based business | X | |
Child care center | X | |
Bed and Breakfast | X | |
Boarding House | X | |
Country inn | X | |
Public safety facility | X | |
Public recreation facility | X | |
Accessory buildings | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Minimum size of mobile home subdivision | 2-1/2 acres | |
Maximum building height | 1-1/2 stories | or 20 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard | 7-1/2 feet for one story buildings | 10 feet for buildings over one story |
Minimum side yard, accessory buildings | 3 feet | |
Minimum side yard, corner lots | 15 feet when backing onto another corner lot | 25 feet for all other conditions |
Minimum rear yard setback (smaller value is the standard) | 25 feet | or 20% of the lot depth |
Minimum rear yard setback, accessory buildings | 3 feet | |
Minimum lot width | 50 feet at front building line | and 35 feet at street |
Minimum lot area, residences | 6,500 sf | |
Minimum lot area, other uses | Accommodate setbacks and parking needs | |
Maximum lot coverage by buildings | 40% of lot area | |
Maximum rear yard coverage by accessory buildings | 30% of rear yard |
2.2.7
MR - Mixed Residential District
A.
Description.
The MR Mixed Residential District, or MR District, is less restrictive than SF-1 or SF-2 Districts. The principal use of land is for single-family dwellings and duplexes. It is also a district where HUD Code Manufactured Housing (both single and double-wide) can be used as dwellings outside of a Manufactured Home Park and a Planned Development Subdivision. This residential area is intended to be defined and protected from the encroachment of uses that are not appropriate to residential environments. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.
B.
Uses.
Cumulative rights of use. All uses permitted in the SF-2 District are permissible in the MR District. All permissible uses in addition to uses permitted in the SF-2 District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Garage apartment | X | |
Manufactured home | X | |
Temporary construction building | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard | 5 feet for one story buildings | 10 feet for buildings over one story |
Minimum side yard, accessory buildings | 3 feet | |
Minimum side yard, corner lots | 15 feet when abutting another corner lot | 25 feet for all other conditions |
Minimum side yard, churches | 25 feet | |
Minimum rear yard setback (smaller value is the standard) | 20 feet | or 20% of the lot depth |
Minimum rear yard setback, accessory buildings | 3 feet | |
Minimum lot width | 50 feet at front building line | and 35 feet at street |
Minimum lot area, residences | 6,500 sf | or 3,250 per dwelling unit |
Minimum lot area, churches | 21,000 sf | |
Minimum lot area, other uses | Accommodate setbacks and parking needs | |
Maximum lot coverage by buildings | 40% of lot area | |
Maximum rear yard coverage by accessory buildings | 30% of rear yard |
D.
Additional Site Design Standards.
1.
The minimum size of a MR Mixed Residential District is two contiguous city blocks. Two contiguous city blocks share a common street. Two blocks diagonal from each other do not qualify. All property owners within the proposed area must request a zone change to the MR District.
2.
Unattached buildings of accessory use may be located in the rear yard of a main building.
2.2.8
C-1 Neighborhood Shopping District.
A.
Description.
The C-1 Neighborhood Shopping District, or C-1 District, is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closer [closely] associated with residential, religious, recreational and educational uses, requirements for light, air and open space and off-street parking are more restrictive than those of other commercial districts. The C-1 District is the most restrictive commercial district.
B.
Uses.
Cumulative rights of use. All uses permitted in the MF District are permissible in the C-1 District. All permissible uses in addition to uses permitted in the MF District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Townhouse | X | |
Office/professional services | X | |
Limited retail | X | |
Animal Services | X | |
Country Inn | X | |
Bed and Breakfast | X | |
Service maintenance Facility | X | |
Temporary construction building | X | |
Accessory buildings | X | |
Temporary Produce Stand | X | |
Transportation | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard | 10 feet | |
Minimum rear yard setback | 10 feet | |
Minimum lot size, country inn and religious facilities | 21,000 sf |
D.
Additional Site Design Standards.
1.
A building used for limited retail may not have more than forty (40) percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the limited retail shall be displayed or stored outside of a building.
2.
There shall be provided an alley, service court, rear yard, or combination thereof, of not less than thirty (30) feet wide abutting the property or right of way immediately behind property used for commercial uses.
3.
A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all commercial uses, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MH, or any other residential district.
4.
For country inns, the lot area shall be adequate to provide the yard areas required by this section and the required off-street parking area, provided that the lot area for a country inn shall not be less than twenty-one thousand (21,000) square feet.
2.2.9
C-2 - General Commercial District.
A.
Description.
The C-2 General Commercial District, or C-2 District, is intended for the conduct of personal and business services and the general retail business of the community at locations with sidewalks and an identifiable edge that relates to the pedestrian. Persons living in the community and in the surrounding trade territory require direct and frequent pedestrian and vehicular access. Buildings should be located on or near the front building line with parking in the rear. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods. The C-2 District is less restrictive than the C-1 District.
B.
Uses.
Cumulative rights of use. All uses permitted in the C-1 District are permissible in the C-2 District. All permissible uses in addition to uses permitted in the C-1 District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
General retail | X | |
Communications services | X | |
Hotel/motel | X | |
Commercial recreation | X | |
Public recreation | X | |
Warehouse and distribution | X | |
Research and development | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard setback | 10 feet | |
Minimum rear yard setback | 10 feet | |
Minimum lot size, country inn | 21,000 sf |
D.
Additional Site Design Standards.
1.
There shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments.
2.
No article or material stored or offered for sale in connection with uses permitted in the C-2 General Commercial District shall be stored or displayed outside of a building unless it is screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven (7) feet in height shall be required.
3.
There shall be provided an alley, service court, rear yard, or combination thereof, of not less than thirty (30) feet wide abutting the property or right of way immediately behind property used for commercial uses.
4.
A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all uses and activities on commercial properties, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MH or any other residential district.
2.2.10
C-3 - Highway Commercial District.
A.
Description.
The C-3 Highway Commercial District, or C-3 District, is intended for the conduct of personal and business services and the general retail businesses of the community having space and land requirements not commonly available or compatible in central business district.
B.
Uses.
Cumulative rights of use. All uses permitted in the C-2 District are permissible in the C-3 District. All permissible uses in addition to uses permitted in the C-2 District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Medical services | X | |
Carnival | X | |
Automotive, marine and farm implements | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard setback | 10 feet | |
Minimum rear yard setback | 10 feet | |
Minimum lot size, country inn | 21,000 sf |
D.
Additional site design standards.
1.
There shall be provided an alley, service court, rear yard, or combination thereof, of not less than thirty (30) feet wide abutting the property or right of way immediately behind property used for commercial uses.
2.
All parking areas and drives shall be so designed so that adequate space is provided on the premises for the turning around of motor vehicles to prevent the need for vehicles to back onto the street or highway.
3.
A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all uses and activities on commercial properties, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MH, or any other residential district.
2.2.11
CBD - Central Business District.
A.
Description.
The CBD Central Business District, or CBD, is intended for the conduct of personal and business services, the general retail business of the community, quiet and clean manufacturing, and residential uses in the city center. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
B.
Uses.
Cumulative rights of use. All uses permitted in the C-3 District are permissible in the CBD. Notwithstanding Section 1.11, uses within the CBD may comply with a less restrictive standard found in this Section 2.2.11. All permissible uses in addition to uses permitted in the C-3 District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Mixed Use | X | |
Animal services | X | |
Carnival (temporary) | X | |
Administration | X | |
Cultural | X | |
Light Industrial/Mfg | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 50 feet | |
Front yard setback | Not required | |
Side yard setback | Not required | |
Minimum rear yard setback | 10 feet | |
Minimum lot size, country inn | 21,000 sf |
D.
Additional Site Design Standards.
1.
Any retail or office use not specifically identified in this Section 2.2.11 which does not produce noise, odor, dust, vibration, blast or traffic in excess of those retail or office uses enumerated above may be permitted in the Central Business District with a special use permit.
2.
There shall be provided an alley, service court, rear yard, or combination thereof in the rear yard setback space.
3.
Off street parking requirements may be met at a remote site. Any building built before the date on which this ordinance is adopted is exempt from off-street parking requirements. Lawful uses within buildings constructed prior to the effective date of this ordinance are exempt from all off-street parking requirements.
4.
No more than fifty (50) percent of the gross floor area of the ground floor of any building within the Central Business District, exclusive of the area used for utilities and building service, shall be used for storage, residential uses, or a combination thereof. The lawful use of any building, structure, or land existing on the effective date of this ordinance may continue, although such use does not conform to the provisions of this Section. Such lawful use shall, however, be subject to Section 1.15 Non-Conforming Structures and Uses.
2.2.12
RVP - Recreational Vehicle Park District.
A.
Description.
Properly planned and operated recreational vehicle communities (i.e., recreational vehicle (RV) parks) promote the safety and health of the residents of such communities and of other nearby communities, encouraging economical and orderly development of such communities and of other nearby communities. It is, therefore, declared to be the policy of the City to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land. This shall include providing for planned and supervised recreational vehicle communities and for the standards and regulations necessary to accomplish these purposes.
B.
Uses.
The uses listed below are permissible in the RVP Recreational Vehicle Park District, or RVP District.
USE | BY RIGHT | SUP |
|---|---|---|
Recreational vehicle park | X | |
Public safety facility | X | |
Public recreation facility | X | |
Accessory building | X | |
Temporary construction building | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 35 feet | |
Minimum Front yard setback | 40 feet | |
Minimum Side yard setback | 40 feet | |
Minimum rear yard setback | 10 feet |
D.
Additional Site Design Standards.
Standards for recreational vehicle parks under Section 4.5 shall apply to all RV Parks.
2.2.13
I - General Industrial District.
A.
Description.
The I General Industrial District, or I District, it is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities. The I District is the least restrictive district.
B.
Uses.
Cumulative rights of use. All uses permitted in the C-3 District are permissible in the I District. All permissible uses in addition to uses permitted in the C-3 District are listed in the table below.
USE | BY RIGHT | SUP |
|---|---|---|
Mixed Use | X | |
Bed and breakfast | X | |
Country inn | X | |
Administration | X | |
Cultural facility | X | |
Pawn Brokerage | X | |
Sexually oriented business | X | |
Basic industry | X | |
Light Industrial / Mfg. | X | |
Cement, lime or gypsum manufacturing | X | |
Natural gas production and distribution | X | |
Petroleum production and refining | X | |
Wholesale or bulk storage of petroleum products | X | |
Disposal plants | X | |
Salvage yards | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 50 feet | |
Minimum lot size, country inn | 21,000 sf |
D.
Additional Site Design Standards.
1.
A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all uses and activities on industrial properties, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MH or any other residential district.
2.
All salvage yards shall be screened by ornamental walls, fences, or evergreen planting such that the operations of the salvage yard and associated salvaged materials cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the salvage operation is located.
3.
The following uses may only be conducted if completely enclosed in a building:
a.
The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products.
b.
The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bond, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yard, and paint not employing a boiling process.
c.
The manufacture of pottery and figurines or other similar ceramic products, using previously pulverized clay, and kilns fired only by electricity or gas.
d.
The manufacture and maintenance of electric and neon signs, commercial advertising structure, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.
e.
Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.
f.
Automobile assembly, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.
g.
Machine shop.
h.
Foundry casing lightweight nonferrous metal not causing noxious fumes or odors.
i.
Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacturing of small parts only, such as coils, condensers, transformers, crystal holders, and the like.
2.2.14
2.2.15
CF - Community Facilities District.
A.
Description.
CF - Community Facilities District, or CF District, is a public and quasi-public district that is intended for government, religious, educational, and other community facilities and services that are integral to the social fabric of Smithville. These uses require a separate zoning district because they do generate traffic and often require a large amount of parking. Persons living in the community and in the surrounding service areas require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles.
B.
Uses.
USE | BY RIGHT | SUP |
|---|---|---|
Medical services | X | |
Religious facility | X | |
Administration facility | X | |
Cultural facility | X | |
Public safety facility | X | |
Educational facility | X | |
Public recreation facility | X | |
Cemetery | X | |
Service maintenance facility | X | |
Transportation facility | X | |
Accessory buildings | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 25 feet | |
Minimum side yard | 10 feet | or 25 feet from an intersecting street |
Minimum rear yard setback | 30 feet |
D.
Additional Site Design Standards.
1.
No article or material stored or offered for sale in connection with uses permitted above shall be stored or displayed outside of a building unless it is so screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of six (6) feet in height shall be required.
2.
Except for cemeteries, there shall be provided an alley, service court, rear yard, or combination thereof, not less than thirty (30) feet wide for all uses specifically enumerated in this Section 2.2.15.
3.
Off street parking requirements in Section 3.5, may be met at a remote site.
4.
A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all uses and activities on community facilities properties, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MR, or any other residential district.
2.2.16
PDD - Planned Development District.
A.
Description.
The Planned Development District, or PDD, is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. Property zoned as a PDD shall follow the procedures set forth in Section 5.3.
B.
Uses.
An application for a PDD shall specify the base zoning district and the use or the combination of uses proposed. Uses which may be permitted in a PDD are those specified in the Master Use Table. Any requested use that is not permitted within the specified base zoning district must be identified as such in the PDD application. In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those allowed in the PDD. Special Use Permits allowed in a base zoning district are allowed in a PDD only if specifically identified at the time of PDD approval.
C.
Dimensions.
A PDD shall be a minimum of 2.5 acres in size. In the case of residential Planned Development Districts for single-family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the base zoning district. Minor dimensional changes in a limited number of the proposed lots, in order to provide improved design, may be permitted if the application demonstrates the need for the requested change.
D.
Approval of PDD zoning.
In approving the development plan and the Ordinance establishing the Planned Development District, after recommendation by the Planning and Zoning Commission, the City Council shall approve the maximum height, floor-area ratio, density, and minimum off-street parking and loading standards within the limits of those specified in the districts listed for the specific uses involved as is appropriate for the development. Approval of the development plan and the ordinance establishing the PDD shall also construe the establishment of the standards for yards, signs, building spacing, site coverage, access, screening or landscaping, building area, open space pedestrian-ways, public or private streets, alleys and any development deemed by council to be observed in a Planned Development District. Such standards shall be specified in the Ordinance establishing the district.
2.2.17
PD-Z -Zero Lot Line Garden Home District.
A.
Description.
The PD-Z - Zero Lot Line Garden Home District, or PDZ District, is designed to allow subdivisions designed for single family dwellings with no setback on one side yard and double the usual side yard on the other side, the same being for each lot in a block. Such single-family dwellings are defined as “zero lot line garden homes.”
B.
Uses.
USE | BY RIGHT | SUP |
|---|---|---|
Single family dwelling | X | |
Public safety facility | X | |
Public recreation facility | X | |
Accessory buildings | X | |
Private garage | X |
C.
Dimensions.
DIMENSION | STANDARD | ALTERNATE |
|---|---|---|
Maximum building height | 2-1/2 stories | or 35 feet |
Minimum front yard setback | 20 feet | |
Minimum combined side yard setback for both attached units | 15 feet | |
Minimum lot size | 5,000 sf | |
Minimum lot width | 40 feet | |
Maximum lot coverage by buildings | 40% |
D.
Additional Site Design Standards.
The combined side yard setback for the two side yards may be taken on one side with the other side yard having no setback. The zero setback must be on the same side of the lot for each lot in a given block to allow utility easements through the block from street to street between adjacent houses.
2.2.18
HD - Historic Overlay District.
A.
Applicability.
1.
The Historic Overlay District is an overlay district designed to overlay the underlying zoning districts. Within the Historic Overlay District, the regulations for the underlying zoning district shall remain in effect, except as overwise [otherwise] provided herein.
2.
In the event of any conflict between the regulations applicable in the underlying district and the regulations of the Historic Overlay District, the regulations of the Historic Overlay District shall control.
B.
Prohibited Uses.
To protect historic properties and historic districts the following uses are prohibited within the Historic Overlay District:
2.2.19
HCD - Historic Commercial Overlay District.
A.
Applicability; Definitions.
1.
The Historic Commercial Overlay District is an overlay district designed to overlay the underlying zoning districts. Within the HCD, the regulations for the underlying zoning district shall remain in effect, except as otherwise provided herein.
2.
In the event of any conflict between the regulations applicable in the underlying district and the regulations applicable to the HCD, the regulations applicable to the HCD shall control.
3.
The provisions of this Section 2.2.19 shall apply to all properties or structures wholly contained within the HCD and to those portions of any property located within the HCD.
4.
Nothing in this Section 2.2.19 shall be construed as reason for an increased evaluation of the property for purposes of ad valorem taxation because of inclusion within the HCD.
5. “Administrator” “Application” “Certificate” “Committee” “HCD” “Ordinary maintenance”
In this Section 2.2.19 the following terms shall have the meanings ascribed to them below:
means the person designated by the city manager for the administration of this Section 2.2.19.
means an application for a certificate of appropriateness.
means a certificate of appropriateness issued in conformance with this Section 2.2.19.
means the Historic Preservation Design Standards Advisory Committee, or other body appointed or created by the City from time to time for the administration of this Section 2.2.19.
means the area that is zoned HCD - Historic Commercial Overlay District.
means repair work for which a building permit is not required, the sole purpose and effect of which is to correct deterioration, decay, or damage, including repair or damage caused by fire or other disaster, and which does not result in a change in the existing appearance and materials of a property, including but not limited to the following:
(i)
Caulking or re-glazing windows.
(ii)
Minor repairs to windows, doors, siding, and gutters.
(iii)
Repairing existing mechanical equipment or replacing such equipment with newer models that are the same size or smaller than the equipment that it replaces.
(iv)
Repairing or repaving of flat concrete work in side and rear yards.
(v)
Repairing or repaving of existing front yard paving, concrete work and walkways, with material that is of the same or similar appearance.
(vi)
Roofing work.
(vii)
Foundation work.
(viii)
Chimney work.
B.
Certificate of Appropriateness.
1.
Except as expressly provided in this Section 2.2.19, a certificate of appropriateness is required prior to commencing any of the following activities, or a combination thereof, within the HCD:
(a)
Any activity that requires a building permit, including but not limited to new construction.
(b)
Any alteration of the exterior of a building including but not limited to painting, signage, and lighting.
(c)
Any alteration of any structure or other improvement that is not a building, including but not limited to fences, garages, driveways, sidewalks.
(d)
Installation, modification, or replacement of equipment that is visible from the public right of way, including but not limited to heating, ventilation, and air conditioning systems, electrical systems, and solar panels.
(e)
Demolition of a building or any part thereof.
2.
Notwithstanding anything to contrary, a certificate of appropriateness is not required for any of the following activities:
(a)
Repainting using the existing colors.
(b)
Ordinary maintenance.
(c)
Demolition of a building or structure that has been declared a substandard structure or nuisance in accordance with Code of Ordinances of the City of Smithville, Texas, or that has otherwise been designated for demolition by the City for the preservation of the public, health, safety and welfare.
3.
All work performed pursuant [to] a certificate of appropriateness shall conform to the requirements and conditions of such certificate.
4.
Permits for which an application has been received prior to the adoption of this ordinance may be approved without a certificate.
C.
Other Permits.
A person developing or improving property within the Historic Commercial Overlay District must obtain all building permits and other approvals required in other portions of the City. A certificate of appropriateness is required in addition to any required building permit or other approval. No building permit or other City approval will be approved without a certificate of appropriateness.
D.
Encroachments.
If any portion of the existing building, structure, or other improvement on a property or any portion of any proposed improvements or alterations to property encroach into the public right-of-way or other City property, such as sidewalks, drainage easements, and parks, then the applicant must obtain a license from the City for such encroachment before a certificate of appropriateness will be approved. The City Council may consider the encroachment license at the same meeting that the City Council considers the certificate of appropriateness.
E.
Application and Approval.
1.
Application.
A required certificate of approval shall be applied for using application forms provided by the city and shall contain all information required by such forms, the City’s development regulations and design standards, and as reasonably requested by the City.
2.
Staff Review.
City staff shall review the application to determine administrative completeness and whether such application is eligible for administrative review or must be reviewed by the Historic Preservation Design Standards Advisory Committee.
3.
Administrative Approval.
The administrator may, but is not required to, approve or deny an application without submitting such application to the committee if such application involves an alteration, change, restoration or removal of any exterior architectural feature of a building or structure which does not involve any significant changes in the architectural or historic value, style, general design, or appearance. If the administrator denies the application, the applicant may appeal such denial to the committee, which shall review such application as if the application had been initially referred to the committee. Such appeal must be filed within 10 days of receipt of the administrator’s decision. If an applicant fails to appeal such decision within the 10-day limit, then the administrator’s decision is final.
4.
Committee Review.
Applications that are not eligible for administrative approval or that are otherwise referred to the committee by the administrator shall be reviewed by the committee. The City shall notify the applicant of the meeting date and time that the committee will review the application. The applicant shall have the right to be heard at such meeting and be represented by counsel, an architect, other relevant professional, or any combination thereof. The administrator shall make a recommendation to the committee at the meeting at which the application is considered.
5.
Committee Recommendation.
Following a public hearing on the application, the committee shall make one of the following recommendations to city council:
6.
City Council Action.
Following receipt of the committee’s recommendation and a public hearing on the application, the city council may take any of the following actions:
(a)
Approve the work as submitted in the application and issue a certificate of appropriateness.
(b)
Approve the work with conditions, clarifications, or modifications and issue a conditional certificate of appropriateness.
(c)
Disapprove the application.
(d)
Table discussion of the application and make recommendations for amendments to the application.
7.
Criteria for Approval.
Applications shall be reviewed based on the following criteria:
(a)
The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action;
(b)
Compliance with the regulations of the Code of Ordinances of the City of Smithville, Texas;
(c)
Conformity with the guidelines and standards in “The Secretary of the Interior’s Standards for the Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and Reconditioning” published by the United States Secretary of the Interior, or equivalent document, to the extent practicable;
(d)
Compliance with the design standards adopted by the City relative to the HCD;
(e)
Preservation of the general, historic, cultural, and architectural integrity of the property that is the subject of the application;
(f)
Compatibility of new buildings or building additions with surrounding property within the HCD; and
(g)
Protection of the overall character of the HCD.
8.
Effect of Denial.
If the city council denies an application, such application, or an application substantially similar, shall not be submitted again prior to the expiration of twelve (12) months from the date that the city council denied such application.
9.
Public Notice.
The applicant shall post notice of the scheduled HCD hearing on an application at least 30 days prior to the date of the HCD hearing. Such notice shall contain: (a) the date of the HCD hearing; (b) the scheduled date of the city council meeting for hearing the application; (c) a brief description of the work contained in the application; and (d) a statement that the applicant has applied for a certificate of appropriateness for the property. Such notice shall: (a) be in a form and format approved by the City; (b) be posted at applicant’s sole cost and expense; (c) be posted in the front yard of the relevant property, or, if the property does not have a front yard, at some other place where the notice is easily visible from the public right of way along the frontage of the property.
F.
Expiration.
A certificate of appropriateness expires 1 year from the date of issuance unless the work for which the certificate was requested has commenced or a permit for such work, other than the certificate, whichever is sooner. A certificate of appropriateness remains in effect during the time that work pertaining to such certificate is in progress or any other relevant permit is valid. If a certificate of appropriateness expires, a new certificate must be applied for in the same manner as an initial certificate.
G.
Historic Preservation Design Standards Advisory Committee.
1.
Established.
The City hereby creates the Historic Preservation Design Standards Advisory Committee to make recommendations regarding applications and to exercise such other powers as may be delegated to it from time to time.
2.
Membership.
(a)
Number, appointment.
The committee shall consist of 9 members. Appointment of members for expired terms shall be made by the city council at the second regular meeting of the city council after the city election. Members shall be residents of the city for the last 12 months and eligible voters.
(b)
Terms.
Terms of members of the committee shall be for two years, and shall expire on June 15; provided, however, that members shall continue to serve until their successors are appointed.
(c)
Qualifications.
In making appointments to the committee, the council shall attempt to maintain a balance of interest and skills on the committee by assessing the individual qualifications of the candidates, including but not limited to, their knowledge and demonstrated interest in preservation related fields such as architecture, history, archaeology, planning, or urban or community design. All members shall have a knowledge and demonstrated interest in historic preservation.
(d)
Current members.
Members of the committee on the effective date of the ordinance from which this section is derived shall continue to serve until their respective terms expire.
(e)
Vacancies.
Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant.
(f)
Removal.
Any member who misses three consecutive meetings may be removed by a majority vote of the remaining members of the committee and a replacement shall be appointed by the city council to fill the unexpired term.
(g)
Compensation.
Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance in accordance with city procedures.
3.
Procedures.
(a)
Chairperson and vice chair.
The chairperson of the HPC shall be elected from the membership of the HPC by a majority of the members of the HPC. A vice chair to serve in the chairperson’s absence shall be likewise elected.
(b)
Secretary.
The administrator shall designate a staff representative to act as secretary of the committee and attend and keep minutes of all meetings. The secretary shall act only in an advisory capacity and may participate in its discussions, but shall have no right to vote.
(c)
Posted meetings.
The committee shall meet as required with advance notice posted according to the Texas Open Meetings Act, V.T.C.A., Texas Government Code ch. 551. Meetings may be called upon request of the administrator, the chairperson of the committee, or upon written request of three members.
(d)
Hearing for certificate of appropriateness.
Upon the filing of an application for a certificate of appropriateness, the committee shall hold a hearing at the earliest practicable time to render a decision on the application.
(e)
Quorum.
Five members shall constitute a quorum for transactions of business and no decision shall be rendered without a concurring vote of at least 5 members.
Editor’s note–The historic commercial district architectural design standards, as adopted by Ordinance 2019-567 adopted 7/8/19 and subsequently amended, are not included herein but are maintained in the offices of the city.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2019-566, secs. B, C, adopted 7/8/19; Ordinance 2020-585, ex. A, sec. 1, adopted 5/11/20; Ordinance 2020-595 adopted 9/14/20; Ordinance 2021-601 adopted 1/11/21; Ordinance 2022-614 adopted 1/10/22)