Smithville City Zoning Code
PART 3
GENERAL DEVELOPMENT STANDARDS
§ 3.1 Dwelling Units.
3.1.1
It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes, except within the Central Business District.
3.1.2
On any lot separately owned on the date this Ordinance becomes effective, a single-family dwelling may be erected even though such lot has less area than required by these regulations.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.2 Location of Buildings.
3.2.1
Only one main building on land used for a single-family dwelling, a two-family dwelling, a manufactured home outside an MH Park, or a townhouse with permitted accessory buildings may be located upon a lot or un-platted tract. Every single-family dwelling, two-family dwelling, and townhouse shall face or front upon a street or officially approved place, other than an alley, which means of access shall have a minimum width of twenty (20) feet.
3.2.2
Land used for limited retail or industrial purposes, may have more than one (1) main building located upon a single lot or un-platted tract, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and district, and when all such main buildings face upon a street or officially approved place, other than an alley.
3.2.3
Whenever two (2) or more main buildings, or portions thereof, are placed upon a single lot or tract, such developments shall be presented to Planning and Zoning Commission and then to City Council for approval, and shall comply with City platting requirements.
3.2.4
Temporary construction buildings shall be removed from the site within ten (10) days of completion of the construction project.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.3 Open Space.
3.3.1
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulation set forth in this Ordinance.
3.3.2
An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.
3.3.3
Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed three (3) feet. Open uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed ten (10) feet.
3.3.4
Where the dedicated street right-of-way is less than fifty (50) feet wide, the front yard depth shall be determined by measuring fifty (50) feet back from the center line of the street easement.
3.3.5
No dwelling shall be erected on a lot which does not abut on at least one street, at least fifty (50) feet in width, for at least thirty-five (35) feet. A street shall form the direct and primary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if there is compliance with all other provisions of this Ordinance. Accessory buildings which are not a part of the main building may be built in the rear yard but shall not cover more than thirty (30) percent of the rear yard.
3.3.6
No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this Ordinance that lots of sufficient size be used by any business or industry to provide adequate parking and unloading and loading space required for operation of the enterprise.
3.3.7
An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the public right-of-way.
3.3.8
Whenever one or more residential, institutional, commercial or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation; or other site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning and zoning commission.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2021-602 adopted 1/11/21)
§ 3.4 Trees.
3.4.1
City Tree Board.
A.
Established.
There is hereby created and established a City Tree Board for the City of Smithville which shall consist of the City Council.
B.
Term of Office.
The term of the board members shall be three (3) years, except that the term of two (2) of the members appointed to the first board shall be for only one (1) year and the term of two (2) members of the first board shall be for two (2) years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.
C.
Compensation.
Members of the board shall serve without compensation.
D.
Duties and Responsibilities.
It shall be the responsibility of the board to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Smithville.
E.
Operation.
The board shall choose its own officers and keep minutes of its proceedings. A majority of the members shall be a quorum for the transaction of business.
3.4.2
Street Trees to be Planted.
A.
Official Species.
The following list constitutes the official street tree species for the City of Smithville. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.
B.
Spacing.
Except in special plantings designed by a landscape architect and approved by the City Tree Board, the spacing of street trees will be in accordance with the three (3) species size classes listed in subsection (a) above, and no other trees may be planted closer together than the following:
C.
Distance from Curb and Sidewalk.
The distance trees may be planted from curbs and sidewalks will be in accordance with the three species size classes listed in subsection (a) above, and no trees may be planted closer to any curb or sidewalk than the following:
D.
Distance from Street Corners and Fireplugs.
No street tree shall be planted closer than thirty-five (35) feet of any corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten (10) feet of any fireplug.
E.
Near Utilities.
No street trees other than those species listed as small trees in subsection (a) above may be planted under or within ten (10) lateral feet of any overhead utility wire.
3.4.3
Public Tree Care.
A.
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B.
The city tree board may remove or cause or order to be removed, with City Council approval, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected by any injurious fungus, insects or other pest.
3.4.4
Tree Topping.
A.
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree or park tree.
B.
Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
C.
Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the city tree board.
3.4.5
Pruning, Corner Clearance.
A.
Trees overhanging any street or right-of-way within the city shall be pruned so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk.
B.
The city shall have the right to prune any tree or shrub on private property when it interferes with the visibility of any stop sign.
3.4.6
Removal of Stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
3.4.7
Arborists License and Bond.
A.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring a license.
B.
The license fee shall be set by the City Council and on file with the city secretary; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors.
C.
Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of fifty thousand dollars ($50,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.5 Parking and Loading.
3.5.1
Off-Street Automobile and Vehicle Parking and Loading.
A.
General Intent and Application:
It is the intent of these requirements that adequate parking and loading facilities be provided off the street easement for each use of land within the city. Requirements are intended to be based on the demand created by each use. There [These] requirements shall apply to all uses in all Districts.
B.
Required Open Space:
1.
Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.
2.
The area required for off-street parking shall be in addition to the yard areas herein required; except that the front yard required in a C-1 Neighborhood Shopping District or an I-Industrial Manufacturing and Warehousing District may be used for uncovered parking area; and further provided that the front drive in a Residential District may be used for the uncovered parking area for vehicles associated with a residential use when the area is surfaced to prevent the occurrence of mud and dust with continued use.
C.
Location:
The off-street parking lot to satisfy parking requirements shall be located within five hundred (500) feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.
D.
Joint Parking Facilities:
Whenever two (2) or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements.
E.
Size of Off-Street Parking Space:
The size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than eight (8) feet by twenty (20) feet, plus adequate area for ingress and egress.
F.
Amount of Off-Street Parking and Loading Required:
Off-street parking and loading facilities shall be provided in all Districts in accordance with the following schedule:
1.
Dwelling, single-family or duplex: Two (2) parking spaces for each separate dwelling unit within the structure.
2.
Dwelling, multiple-family: Two (2) parking spaces shall be provided upon the lot for each dwelling unit. No parking shall be permitted in the required front yard. No parking shall be allowed within four (4) feet of any building, nor closer than two (2) feet to the side yard lines. No parking space shall be used for storage of any truck, truck-trailer, or van, except panel and pickup trucks not exceeding one (1) ton capacity. Boat and travel trailers may be parked in a required parking space when the operator or owner of such vehicle resides upon the premises. All parking spaces shall be so arranged as to permit vehicles to be parked and removed without moving one car to facilitate the movement of the other. All parking areas shall be paved according to the city’s standard paving specifications.
3.
Boarding house, rooming house, bed and breakfast, country inn, and hotel: One (1) parking space shall be provided for each two (2) guests provided overnight accommodations in a boarding house, rooming house, bed and breakfast, country inn, or hotel.
4.
Hospitals: One (1) space for each four (4) patient beds, exclusive of bassinets, plus one (1) space for each staff or visiting doctor, plus one (1) space for each three (3) employees including nurses, plus adequate area for the parking emergency vehicles.
5.
Medical or dental clinics or offices: Six (6) spaces per doctor plus one (1) space for each two (2) employees.
6.
Sanitariums, convalescent or nursing homes: One (1) space for each six (6) patient beds, plus one (1) space for each staff or visiting doctor plus one (1) space for each two (2) employees including nurses.
7.
Community center, theater, auditorium, stadium, church sanctuary: One (1) parking space for each four (4) seats, based on maximum seating capacity.
8.
Convention hall, lodge, club, library, museum, place of amusement, or recreation: One (1) parking space for each fifty (50) square-feet of floor area used for assembly or recreation.
9.
Office building: One (1) parking space for each six hundred (600) square feet of gross floor area in the building, exclusive of the area used for storage, utilities and building service.
10.
Commercial establishments not otherwise classified: One (1) parking space for each three hundred (300) square feet of floor space used for retail trade in the building and including all areas used by the public.
11.
Industrial establishments: Adequate area to park all employees and customers vehicles at all times and adequate space for loading, unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment.
12.
The minimum off-street parking requirements for any use not specifically listed shall be the same as those of a similar use, as determined by the city manager.
G.
Paved Surface Required:
All parking spaces shall be paved with a sealed surface pavement and maintained in a manner that no dust will result from continued use.
H.
Off Street Parking Lots in Residential Districts:
Whenever off-street parking lots for more than six (6) vehicles are to be located within or adjacent to a Residential District, the following provisions shall apply:
1.
All sides of the lot within or abutting the Residential District shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having a height of not less than five (5) feet nor more than six (6) feet. Such fence, wall or hedge shall be maintained in good condition.
2.
No parking shall be permitted within a front yard setback line wherever the parking lot is located in a Residential District or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required.
3.
All yards shall be lands with grass and shrubs and maintained in good condition at all times.
4.
Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width exclusive of curb returns.
5.
All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.
6.
Whenever lighting is provided, the intensity of light and arrangement of reflectors shall be such as not to interfere with Residential District uses.
7.
No sign of any kind shall be erected within the off-street parking lot except information signs used to guide traffic and to state the condition and terms of the use of the lots. Only non-intermittent white lighting of signs shall be permitted.
3.5.2
Parking and Storage of Recreational and Commercial Vehicles and Trailers.
Commercial vehicles, recreational vehicles, and trailers shall not be parked or stored on any lot occupied by a dwelling or any lot in any Residential District, except in accordance with the following provisions:
A.
Not more than one (1) commercial vehicle, per family living on the premises, shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or other liquefied petroleum products, be permitted.
B.
In areas of the City where alleys exist, trailers and recreational vehicles shall be permitted provided that said trailers or recreational vehicles be parked or stored behind the front building line. In the remaining areas of the City where no alleys exist, even though they may be platted, one trailer or recreational vehicle may be parked or stored behind the property line, with any additional trailers or recreational vehicles to be stored behind the front building line. A recreational vehicle may be occupied for a period not to exceed seven (7) days and any such occupancy shall not be repeated within a period of sixty (60) days.
C.
Manufactured homes and mobile homes shall be parked or stored only in a Manufactured Housing Park which is in conformity with the ordinances of this city.
3.5.3
Parking in the Manufactured Housing Park:
Within an MH Park, at least two off street parking spaces shall be provided for each home space and one additional parking space for each four home spaces.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.6 Fences and Walls.
3.6.1
Barbed Wire Prohibited.
It shall be unlawful for any person or persons to make, build, construct, or erect any fence to be composed wholly or in part of metal fencing wire constructed with sharp edges or points arranged at intervals along the strands, such as barbed wire, razor wire, or concertina wire, on or along the line of any street, alley, avenue, sidewalk, land or lot in the City of Smithville; provided, however, that such wire may be used at a minimum height of 5 feet along the tops of fences along the lines of alleys.
3.6.2
Maximum Height of Residential Fences.
The maximum heights for fences, walls, hedges, and other enclosures are as follows:
(1)
Within 15 feet of the intersection of two street lines on a corner lot, the maximum height is 3 feet.
(2)
Between the front building line and the public right of way on any lot, other than within 15 feet of the intersection of two street lines on a corner lot, the maximum height is 4 feet.
(3)
For all other portions of a lot, the maximum height of an ornamental fence that has a ratio of solid portion to open portion not in excess of one to four, not including a chain link or similar fence, is 8 feet and the maximum height of all other fences, walls, hedges, and other enclosures is 6 feet.
3.6.3
Masonry Walls.
For commercial properties, industrial properties and community facilities, a masonry wall or other equivalent noise attenuating barrier shall be placed to separate all commercial, industrial and community uses and activities, including parking areas, from adjacent residential uses or property zoned SF-1, SF-2, TH, MF, MH or any other residential district.
3.6.4
Measurement.
The height of all fences, hedges, walls, and other enclosures is determined by measuring from the ground at the base of such fence, wall, hedge, or other enclosure.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2020-585, ex. A, sec. 2, adopted 5/11/20; Ordinance 2021-602 adopted 1/11/21)
§ 3.7 Signs.
3.7.1
Billboards.
A.
No billboard, as hereinafter defined, shall be erected within the corporate limits of the City of Smithville, Texas.
3.7.2
Political Signs.
A sign with a political message that is located on private real property must be removed within seven (7) days following the date of the election to which the sign refers. Failure to remove such sign shall result in a violation of city code is a misdemeanor.
3.7.3
Signs on Buildings.
Advertising signs painted or pasted directly on a building advertising merchandise, products, or services that are for sale to the public within the building are expressly excepted from the provisions of this Section 3.7.
3.7.4
The following types of signs shall be allowed in the SF-1, SF-2, TH and MR districts, provided that any required permit has been granted, and that the sign conforms to any adopted sign standards of the City.
A.
A temporary bulletin board or sign, not exceeding twelve (12) square feet in area appertaining to the lease, hire, or sale of a single building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.
B.
A church bulletin board or sign, not exceeding fifty (50) square feet in area, located on the same lot with the church building.
C.
Political signs.
3.7.5
The following types of signs shall be allowed in the MH and MHS districts of the City, provided that any required permit has been granted, and that the sign conforms to any adopted sign standards of the City.
A temporary bulletin board or sign, not exceeding twelve (12) square feet in area appertaining to the lease, hire, or sale of a single building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.
3.7.6
Bed and Breakfast and Boarding Room facility signs.
Where bed and breakfasts or boarding houses, or both, are permitted, an unlit, painted sign advertising the bed and breakfast or boarding house may be placed in the front yard. of the lot on which the bed and breakfast or boarding house is located. The area of such sign shall not exceed 24 inches by 24 inches. At the owner’s option and expense highway signs may be placed if they conform to state law.
3.7.7
Sign Variances.
A.
A request for a variance to one or more of the sign-related regulations cited in this Section may be submitted in the format specified by the City, and will be processed and scheduled for consideration for approval by the City Council using the procedures set forth in 5.5 Variances, using the notification and public hearing procedures set forth in 5.2 Zoning Review Procedure.
B.
The City Council may, in specific cases and subject to appropriate conditions, authorize variances and exceptions to the sign regulations when the Council has made a finding from the evidence presented that strict compliance with a requirement will result in a hardship or inequity to the applicant, provided that economic or self-created hardship alone is not a sufficient basis for the granting of a variance or exception. A three-quarters (3/4) vote of the Council members present and voting is required to approve a sign variance.
C.
The City Council may require a nonconforming sign to be brought into immediate conformity with this Section or to be removed when, from the evidence presented, the Commission finds the sign to be hazardous to the public or to have been abandoned by its owner(s).
D.
The City Council, in considering an application for a sign variance, shall apply the criteria for approval of a variance, as outlined in 5.5.4 [5.5.3.].
E.
Appeals of the decision of City Council regarding sign variances shall follow the procedure of 5.6 Appeals.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.8 Intersection Visibility.
No wall, fence, structure, sign, tree, shrub, hedge, or other object or improvement may be placed or maintained as to cause danger to traffic by obstructing the view of traffic at an intersection. If topography prevents a clear view at an intersection, then the owner of the relevant lot shall modify the topography of such lot to allow a clear view.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.9 Building Height.
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific zoning district regulations.
3.9.1
In measuring heights, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of which story at a height of three (3) feet above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.
3.9.2
Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.
3.9.3
Churches, schools, hospitals, sanitariums, and other public and semi-public buildings may exceed the height limitation of the District if the minimum depth of rear yards and the minimum width of the side yards required in the District are increased one (1) foot for each two (2) feet by which the height of such public or semi-public structure exceeds the prescribed height limit.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.10 Front Yard Encroachment.
3.10.1
The front building line of the main dwelling hereafter constructed in Residential Districts, or altered in such manner as to change the position of such front building line, shall be located the distance required from the front lot line as may be required in the Residential District in which such dwellings are located.
3.10.2
Porches of dwellings may extend into front yard a maximum distance of ten (10) feet from the main line of the building. Cornices and eaves of the main building may project not more than three (3) feet into the front yard.
(Ordinance 2018-555 adopted 10/16/18)
§ 3.11 Septic Tanks.
3.11.1
Septic tanks shall not be permitted within the city limits on any lot that is smaller than 1 acre in size.
3.11.2
Whenever connection with the sanitary sewer system will require unreasonable expenditure and septic tanks are to be installed for residential lots, the following requirements shall be met:
A.
Residential lots shall have an area consistent with the current standards set by the Bastrop County Sanitarian.
B.
If, as the result of necessary percolation tests as required by the city, the manager deems the minimum lot area insufficient, additional lot area sufficient to accommodate the sanitary facilities deemed necessary by the city manager shall be required.
(Ordinance 2018-555 adopted 10/16/18)