Sour Lake City Zoning Code

DISTRICTS

§ 156.20 DISTRICTS AND DISTRICT BOUNDARIES.

(A) Districts. The city is hereby divided into eight types of districts. These shall be known as:

(1) AG - Agricultural District;

(2) R - Residential Single-Family Dwelling District;

(3) M-1 - Manufactured Dwelling District;

(4) M-2 - Manufactured Homes Park District;

(5) PUD - Planned Unit Development District;

(6) NR - Neighborhood Retail District;

(7) C - Commercial District; and

(8) MD - Manufacturing District

(B) No land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except hereinafter provided. No building hereafter erected or structurally altered shall be used, occupied or changed in use until a Certificate of Occupancy and Compliance shall have been issued by the Building Official stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Official.

(C) It is recognized that new types of land use will develop and that forms of land use not anticipated will seek to locate in the city. In such circumstances, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1) All questions concerning the classification of any new or unlisted uses shall be referred to the Director of Planning for a determination as to the zoning classification into which such use should be placed. The Director of Planning shall consider the nature and character of the proposed use and its compatibility and similarity with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted;

(2) The Board of Adjustments and Appeals is authorized to hear and decide appeals where it is alleged there is error in any decision or determination regarding the classification of a new or unlisted use or regulation thereof by the Director of Planning;

(3) The Director of Planning shall, furthermore, transmit to the Planning and Zoning Commission any recommendation for addition of any new or heretofore unlisted use to this chapter. Addition of any use to any classification shall be by amendment to this chapter; and

(4) A revised § 156.09 which includes all additions made to the uses permitted in the several zoning classifications shall be published as needed.

(D) Boundaries. The boundaries of these districts are indicated upon the zoning map of the city, which is on file in the Planning Department and made a part of this chapter, the same as if copied in full herein. Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this chapter, the following rules apply:

(1) The district boundaries are street, alley, and property lines unless otherwise shown, and where the districts designated on the map accompanying and made part of this chapter are bounded approximately by street, alley, or property lines; the street, alley, or property lines shall be construed to be the boundary of the district;

(2) Where the district boundaries are otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be property lines, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map;

(3) In un-subdivided property, the district boundary lines on the map accompanying and made part of this chapter shall be determined by use of the scale appearing on the map;

(4) In case of a district boundary line dividing a platted lot into two parts, the district boundary line shall be construed to be the property line nearest the less restrictive district; and

(5) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacancy and all area included in the vacancy shall then and henceforth be subject to all regulations of the extended district.

(E) Annexation holding zone. All land annexed into the jurisdiction of the city shall be zoned in the agriculture zone. The agriculture zone shall serve as the default zone for all land annexed after passed of this chapter, though application may be made by the owner for rezoning of the property concurrently with the annexation.

(Ord. passed 11-17-2015)

§ 156.21 AG - AGRICULTURAL DISTRICT.

(A) Purpose. To provide a location for land situated on the fringe of an urban area and to permit the use of land for ranching, propagation and cultivation of crops and similar uses of vacant land or sparsely populated property. It is anticipated that Agricultural zoned land will eventually be rezoned to another zoning classification. The AG - Agriculture District is also appropriate for areas where development is premature due to lack of utilities or city services; to preserve areas that are unsuitable for development due to problems that may present hazards such as flooding, in which case the AG zoning designation should be retained until such hazards are mitigated and the land is rezoned to provide permanent open space areas as buffers around uses that might otherwise be objectionable or pose environmental health hazards.

(B) District development regulations.

(1) All general and special agricultural, farming, ranching, stables, stock and poultry raising, dairy and other related uses are allowed so long as the same do not cause a hazard to health by reason of unsanitary conditions and no offence by reason of odors, dust fumes, noise or vibrations.

(2) Recreational vehicles, travel trailers or motors homes may not be used for on-site dwelling purposes.

(3) Residential structures shall be limited to one structure per lot. Provisions for additional residential uses in support of the agricultural activity of the property may be reviewed and approved by the Planning and Zoning Commission.

(1) Front yard. A minimum front yard setback of 25 feet shall be required between any residential structure and the front property line.

(2) Side yard. A minimum side yard setback of seven feet shall be required between all residential structures and the side property line.

(3) Rear yard. A minimum rear yard setback of ten feet shall be required between any residential structure and the rear property line.

(4) Area of lot. A minimum lot area of 32,670 square feet, or three-quarters of an acre, shall be required.

(5) Width of lot. Each lot shall have a minimum of 25 feet of frontage on a dedicated public street.

(6) Height restrictions. No building shall exceed 35 feet in height.

(D) Supplementary regulations.

(1) The first 50 feet of property adjacent to the public right-of-way and ten feet adjacent to any property line shall be maintained. Restrictions concerning maximum height of grass shall not apply to the remainder of the property in the AG - Agriculture District.

(2) Regulations of discharge of weapon shall be stated in Tex. Loc. Gov’t Code § 229.002. A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:

(a) A shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:

1. On a tract of land of ten acres or more and more than 150 feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

(b) A center fire or rim fire rifle or pistol of any caliber discharged:

1. On a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

(c) Burning of plant materials shall be permitted on properties in excess of ten acres. In the event that a burn ban is in place for Hardin County, eligible properties shall not burn plant materials until the ban has been lifted;

(d) Noise restrictions shall not be applied to the noise generated by the operation of agriculture equipment used in the routine operation of property in excess of one acre; and

(e) The display or processing of large animal carcasses shall be blocked from the visibility of the right-of-way.

(Ord. passed 11-17-2015; Ord. - -, passed 6-19-2018)

§ 156.22 R - RESIDENTIAL SINGLE-FAMILY DWELLING DISTRICT.

(A) Use regulations. In an R - Residential Single-Family Dwelling District, no land shall be used and no building shall be erected for or converted to any use other than those listed in the § 156.09 for this district.

(B) Height regulations. No building shall exceed 35 feet in height.

(1) Front yard.

(a) There shall be a front yard, on the addressed street, with a minimum depth not less than 25 feet.

(b) Where lots have a double frontage, running through from one street to another, or on a corner lot, the required front yard shall be provided on both streets.

(2) Side yard. There shall be two side yards with a width of not less than seven feet each. Exception: corner lots.

(3) Rear yard. There shall be a rear yard with a depth of not less than ten feet.

(4) Area of lot. The minimum area of the lot shall be 7,000 square feet; however, a lot having an area of less than 7,000 square feet that was of record prior to the passage of this chapter may be used for any use permitted in this section provided the requirements of divisions (C)(1) - (3) and (7) are met.

(5) Width of lot. The minimum width of the lot, whenever measured at the required front yard setback line (established by ordinance) shall not be less than 70 feet.

(6) Depth of lot. The minimum lot depth of the lot shall be 100 feet.

(7) Area of dwelling. Eight hundred and fifty square feet shall be the minimum living area of a dwelling in this zoning district. Garages and porches (covered or enclosed) are not included in the square footage calculations when determining the dwelling size.

(Ord. passed 11-17-2015; Ord. - -, passed 6-19-2018)

§ 156.23 M-1 - MANUFACTURED DWELLING DISTRICT.

(A) Use regulations. In an M-1 - Manufactured Dwelling District, no land shall be used and no building shall be erected for or converted to any use other than those listed in § 156.09 for this district.

(B) Height regulations. No building shall exceed 35 feet in height.

(1) Front yard.

(a) There shall be a front yard, on the addressed street, with a minimum depth not less than 25 feet.

(b) Where lots have a double frontage, running through from one street to another, or on a corner lot, the required front yard shall be provided on both streets.

(2) Side yard. There shall be two side yards with a width of not less than 16 feet each. Exception: corner lots.

(3) Rear yard. There shall be a rear yard with a depth of not less than ten feet.

(4) Area of lot. The minimum area of the lot shall 7,500 square feet; however, a lot having an area of less than 7,500 square feet that was of record prior to the passage of this chapter may be used for any use permitted in this section provided the requirements of divisions (C)(1) - (3) and (7) of this section are met.

(5) Width of lot. The minimum width of the lot, whenever measured at the required front yard setback line (established by ordinance) shall not be less than 75 feet.

(6) Depth of lot. The minimum lot depth of the lot shall be 100 feet.

(Ord. passed 11-17-2015)

§ 156.24 M-2 - MANUFACTURED HOMES PARK DISTRICT.

(A) Use regulations. In an M-2 - Manufactured Home Park District, no land shall be used and no building shall be erected for or converted to any use other than those listed in the § 156.09 for this district.

(B) Height regulations. No building shall exceed 35 feet in height.

(1) Front yard.

(a) There shall be a front yard with a minimum depth of not less than ten feet when fronting a private street. Where a yard abuts a public right-of-way, the minimum depth of the front yard shall be 25 feet.

(b) Where lots have a double frontage, running through from one street to another, or on a corner lot adjacent to a public right-of-way, the required front yard shall be provided on both streets.

(c) Manufactured homes shall be located no closer than 20 feet from the front exterior wall of a mobile home to the closest wall of the adjacent mobile home.

(2) Side yard. Manufactured homes shall be located no closer than 16 feet from either exterior side wall to the closest exterior side of the nearest mobile home. Exception: corner lots.

(3) Rear yard. There shall be a rear yard with a depth of not less than ten feet. Manufactured homes shall be located no closer than 20 feet from the rear exterior wall of a mobile home to the closest wall of the adjacent mobile home.

(4) Density. No manufactured home spark shall provide less than 20 spaces; and there shall not be more than six spaces per gross acre within the park.

(5) Area of spaces. Each manufactured home space shall provide a minimum area of 3,500 square feet.

(6) Area of dwelling. Eight hundred and fifty square feet shall be the minimum living area of a dwelling in this zoning district. Garages and porches (covered or enclosed) are not included in the square footage calculations when determining the dwelling size.

(7) Access. The park shall have an entrance drive from a public right-of-way, and access to individual spaces shall be from private paves drives within the site. The width, design, and construction of the drives shall be adequate to accommodate the traffic generated by the park and emergency and service vehicles, as determined by the City Planning Director. In no case shall the width of a driving surface area be less than 26 feet.

(Ord. passed 11-17-2015)

§ 156.25 PUD - PLANNED UNIT DEVELOPMENT DISTRICT.

(A) General purpose and applicability. The purpose of this district is to encourage better and more efficient utilization of land in the city by allowing greater flexibility in the planning and development of projects. When integrally designed, land uses such as industrial parks, office or commercial districts, mixed or uniform residential development, or any combination of uses may be established when four acres or more are available for unified development.

(B) Use regulations. A Planned Unit Development district may be approved with any use or combination of uses allowed by this chapter. These uses permitted in any specific Planned Unit Development district shall be enumerated in this chapter establishing such district, along with any conditions or limitations deemed appropriate for the specific uses.

(C) Area and height regulations. Each Planned Unit Development shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties. These regulations may include, but shall not be limited to:

(1) Front, side and rear yard requirements;

(2) Minimum lot width, depth, and area requirements;

(3) Maximum lot coverage;

(4) Maximum building size and/or height;

(5) Landscape, open space and screening requirements;

(6) Off-street parking and loading requirements; and

(7) Signage requirements.

(D) Procedure for approval of a planned unit development. An application to designate an area as a Planned Unit Development District shall be accompanied by a concept plan which establishes the general development intent of the district. The approved concept plan shall be made part of the amending ordinance and shall serve as a guide for the approval of all subsequent site plans as may be required in the district.

(E) Changes to approved concept plan. Changes to the concept plan shall be considered as a change of zoning on the specified property and shall be processed as required by this chapter with the exception that changes of detail which do not alter the intent of the concept plan may be authorized by the Director of Planning. The Director of Planning shall not authorize a change to the concept plan which alters the basic relationship of the proposed development to adjacent properties, alters the uses permitted or their locations, or otherwise creates an inconsistency with a requirement found in the ordinance establishing that Planned Unit Development district.

(F) Concept plan requirements.

(1) The concept plan shall include:

(a) A vicinity map;

(b) A boundary survey of the PUD site to include:

1. Metes-and-bounds description of the building site;

2. Total land area;

3. Graphic scale and north arrow; and

4. Names and route numbers of boundary streets and right-of-way.

(c) A generalized land use plan showing approximate locations of proposed uses and the amount of land devoted to each, circulation corridors, public utility corridors, minimum lot and setback requirements, maximum structure heights, minimum parking standards, and landscape or other vegetative areas;

(d) An architectural plan showing building and signage style to be used throughout the district for those structures other than residential;

(e) A plan showing anticipated location and sequence of development phases; and

(f) A written development plan outlining the dimensional variations sought for the development and the community benefits and/or innovative design concepts received to justify the request.

(G) Site plan requirements. Site plan approval is required prior to the issuance of a commercial building permit; the submittal shall include the following:

(1) A vicinity map;

(2) A boundary survey of the building site to include:

(a) Metes-and-bounds description of the building site;

(b) Total land area;

(d) Names and route numbers of boundary streets and right-of-ways.

(3) A detailed and scaled site plan showing:

(a) Existing and proposed public or private streets and curb cuts. Any existing and proposed medians and median openings;

(b) Existing and proposed building locations, including all required setback lines;

(d) Existing and proposed utilities, utility easements, and fire lanes (shaded and labeled). Tap locations and fire hydrants to be shown;

(e) A landscape plan showing the proposed locations, types, and size at time of planning for all types of trees, shrubs, ground cover, flowering plants, and other landscaping items. Show and label existing landscaping to remain;

(f) Adequately dimensioned parking lots and loading facilities;

(g) A summary block which includes:

1. Proposed building site coverage;

2. Parking spaces requirement and parking spaces provided; and

3. Landscaped area in square feet and as a percentage of the site.

(h) Proposed on-site identification and directional signage;

(i) Proposed location of refuse collection container with required screening. Screening material to be labeled; and

(j) Proposed drainage and grading plan.

(4) Any other information requested by staff, Planning and Zoning Commission, and/or City Council reasonably necessary to determine compliance of the site plan with this chapter.

(Ord. passed 11-17-2015)

§ 156.26 NR - NEIGHBORHOOD RETAIL DISTRICT.

(A) Use regulations. In an NR - Neighborhood Retail District, no land shall be used and no building shall be erected for or converted to any use other than those listed in the § 156.09 for this district.

(B) Height regulations. No building shall exceed 35 feet in height.

(1) Front yard.

(a) There shall be a front yard, on the addressed street, with a minimum depth not less than 25 feet.

(b) Where lots have a double frontage, running through from one street to another, or on a corner lot, the required front yard shall be provided on both streets.

(2) Side yard.

(a) Where a side lot line in an NR zoning district adjoins a non-residential zoning districts, or is separated from a residential zoning district by an alley with a minimum width of 20 feet, no side yard is required.

(b) Where a side lot line in an NR zoning district adjoins any residential zoning district, the side yard shall not be less than ten feet.

(3) Rear yard.

(a) Where a rear yard line in an NR zoning district adjoins a non-residential zoning district or is separated from a residential zoning district by an alley with a minimum width of 20 feet, no rear yard is required.

(b) Where a rear yard line adjoins any residential zoning district, there shall be a rear yard with a minimum depth often ten feet.

(4) Area of lot. The minimum area of the lot shall be 5,000 square feet.

(5) Width of lot. The minimum width of the lot, whenever measured at the required front yard setback line (established by ordinance) shall not be less than 50 feet.

(6) Depth of lot. The minimum lot depth of the lot shall be 100 feet.

(D) Limitations on size and hours.

(1) Except for laundromats, coin operated machines and uses permitted in a residential zoning district, no use shall operate before 6 a.m. or after 11 p.m. on any day of the week.

(2) No single use shall occupy more than 3,000 square feet of floor area including service and storage within the building.

(Ord. passed 11-17-2015)

§ 156.27 C - COMMERCIAL DISTRICT.

(A) Use regulations. In a C - Commercial District, no land shall be used and no building shall be erected for or converted to any use other than those listed in § 156.09 for this district.

(B) Height regulations. No building shall exceed 70 feet in height.

(1) Front yard. No front yard shall be required unless a zoning district having a required front yard is located on the same side of the street between intersecting streets. In such case, the front yard shall be a minimum of 25 feet.

(2) Side yard.

(a) Where a side lot line in a C zoning district adjoins a non-residential zoning district or is separated from a residential zoning district by an alley with a minimum width of 20 feet, no side yard is required.

(b) Where a side lot line in a C zoning district adjoins any residential zoning district, the side yard shall not be less than ten feet. The side yard of the corner lots shall not be less than ten feet.

(3) Rear yard.

(a) When a rear yard line in a C zoning district adjoins a non-residential zoning district or is separated from a residential zoning district by an alley with a minimum width of 20 feet, no rear yard is required.

(b) When a rear yard line adjoins any residential zoning district, there shall be a rear yard with a minimum depth of ten feet.

(4) Area of lot. The minimum area of the lot shall be 5,000 square feet.

(5) Width of lot. The minimum width of the lot, when measured 25 feet behind the right-of-way line, shall not be less than 50 feet.

(6) Depth of lot. The minimum lot depth of the lot shall be 100 feet.

(Ord. passed 11-17-2015)

§ 156.28 MD - MANUFACTURING DISTRICT.

(A) Use regulations. In an MD - Manufacturing District, no land shall be used and no building shall be erected for or converted to any use other than those listed in § 156.09 for this district.

(B) Height regulations. No building shall exceed 70 feet in height.

(1) Front yard. No front yard shall be required unless:

(a) The street is less than 60 feet in width, in which case the front yard setback shall be a minimum of 25 feet.

(b) A zoning district having a required setback is located on the same side of the street between intersecting streets. In such case, the front yard shall be a minimum of 25 feet.

(2) Side yard.

(a) Where a side lot line in an MD zoning district adjoins a residential zoning district or is separated from a residential zoning district by an alley with a minimum width of 20 feet, no side yard is required.

(b) Where a side lot line in an MD zoning district adjoins any non-residential zoning district, the side yard shall not be less than ten feet. The side yard of the corner lots shall not be less than ten feet.

(3) Rear yard.

(a) When a rear yard line in an MD zoning district adjoins a residential zoning district or is separated from a residential zoning district by an alley with a minimum width of 20 feet, no rear yard is required.

(b) When a rear yard line adjoins any non-residential zoning district, there shall be a rear yard with a minimum depth often ten feet.

(4) Area of lot. The minimum area of the lot shall be 5,000 square feet.

(5) Width of lot. The minimum width of the lot, when measured 20 feet behind the right-of-way line, shall not be less than 50 feet.