Van Alstyne City Zoning Code
ARTICLE III
USE OF LAND AND BUILDINGS
Sec. 46-125. - Table of uses.
No land shall be used and no building or structure occupied, used, erected, altered, removed, placed, demolished or converted which is arranged or designed to be used for other than those uses specified for the district in which it is located as set forth in the following tables:
TABLE 1—Residential Uses
(1) Residential units may not be located on the first floor in this district.
(2) See section 46-106(e), Garden (Patio) Homes for additional regulations.
(3) See section 46-72(o), Modular (industrialized) Home Requirements for additional regulations.
(4) See section 46-74(f), Multifamily Residence for additional regulations.
(5) See section 46-71, Two-Family (duplex) Residential District for additional regulations.
TABLE 2—Educational, Institutional, and Special Uses
(1) See section 46-131(a), Child Care Centers for additional regulations.
(2) See section 46-131(j), Swimming Pools for additional regulations.
TABLE 3—Transportation, Utility, and Communications Uses
(1) Excluding office buildings, garages, shops, railroad yards, loading yard, and warehouses.
(2) See section 46-131(c), Radio, Television, Cell, Microwave, and other Antenna Towers for additional regulations.
TABLE 4—Automobile and Related Service Uses
TABLE 5—Office, Retail, Commercial, and Service Type Uses
(1) See section 46-131(d), Residence Hotels for additional regulations.
TABLE 6—Manufacturing, Storage, and Warehousing Uses
TABLE 7—Accessory Uses and Miscellaneous Uses
*See section 46-81(b)(3), Agricultural District, Permitted Uses
**See section 46-131(k), Fences for special regulations.
(1) See section 46-161(b), Construction Yards, Field Offices, Batching Plants, and Other Temporary Buildings for additional regulations.
(2) See section 46-131(j), Swimming Pools for additional regulations.
(Ord. No. 907, § 3, 6-8-2021; Ord. No. 1000, § 3, 11-14-2023)
Sec. 46-126. - Classification of new and unlisted uses; procedures.
It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1)
The city manager, or his designee shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting a recommendation to the city council as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. The planning and zoning commission shall make a recommendation to the city council regarding the zoning district or districts within which such use should be permitted.
(2)
The planning and zoning commission and the city council shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, in determining the zoning district or districts within which such use should be permitted.
(3)
The city council shall by resolution approve or make such determination concerning the classification of such use as is determined appropriate, based upon its findings.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-131. - Special uses.
(a)
Child care centers.
(1)
No portion of a child care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.
(2)
Child care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.
(3)
Site plan approval by the planning and zoning commission shall be required for all child care center sites, whether or not a specific use permit is required.
(4)
Child care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
(5)
All child care centers shall comply with the following standards:
a.
All vehicular entrances and exits shall be clearly visible from the street.
b.
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
c.
Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the planning and zoning commission if the child care is provided for less than four hours per day for an individual person.
d.
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When an off-premises outdoor play area is utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.
e.
No child care center shall be part of a one-family or two-family dwelling.
(b)
Construction yards, field offices, batching plants, and other temporary buildings. Temporary permits for construction yards, field offices and batching plants and specific use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the city council. Upon due notice and hearing before the city council, any such permit may be revoked if the city council finds the use of the building or structure is contrary to the intent of this chapter or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
(c)
Radio, television, cell, microwave, and other antenna towers.
(1)
All towers shall satisfy the minimum setback requirements.
(2)
All towers must meet manufacturers installation standards or be approved by a professional engineer, licensed in the state.
(3)
All towers in excess of 30 feet are required to be equipped with a climbing guard.
(4)
Specific requirements for towers located in residential districts (SF-E, SF-84, SF-72, SF-1, SF-60, SF-2, TF, SF-Z, SF-TH, MF-1, MF-2, MH-1 and MH-2) and the CBD:
a.
The maximum height shall be 65 feet including mast and antennas, measured from the ground.
b.
All towers including mast and antennas in excess of 30 feet shall be located not less than the height of the tower including mast and antennas minus 30 feet from the nearest property line.
c.
No tower in a residential district shall be located in the front yard.
(5)
Specific requirements for towers located in nonresidential districts:
a.
A specific use permit is required for towers in these zoning districts.
b.
The minimum distance to the nearest property line (measured from any point on the tower) shall be 20 percent of the height of the tower.
c.
The minimum distance to any existing or planned street right-of-way (measured from any point on the tower) shall be 50 feet.
d.
The minimum distance to a residential property line (measured from any point on the tower) shall be two times the total height of tower (including any mast or antennas).
e.
All towers in excess of 65 feet from the ground and any guy anchors (if used) shall be enclosed by a locked security fence not less than eight feet in height. Towers shall also be equipped with an appropriate anti-climbing device.
f.
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If the antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
g.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.
h.
To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such codes and standards. The owner may appeal such action within ten days of the original written notice to the city manager. Such appeal shall be in writing stating any and all reasons for the appeal. The city manager shall have final say in the decision to remove the tower and shall notify the owner of the tower within 30 days of receipt of his letter of appeal. If an emergency situation exists, the city may cause the removal of the tower and forego the appeal process. If the owner fails to bring such tower into compliance within the said 30 days, the city may remove such tower or cause such tower to be removed at the owner's expense.
i.
Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of written notice from the building official notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the building official may cause such antenna or tower to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
j.
All signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) are prohibited.
(d)
Residence hotels. Residence hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in sections 46-81 and 46-82. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
(e)
Garden (patio) homes.
(1)
Location on lot. Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot-wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten feet shall be provided. The combined area of all structures shall not exceed 65 percent of the lot area.
(2)
Front yard setback. The minimum front yard shall be 15 feet, provided that in no case shall a garage or carport fronting onto a street be less than 20 feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in length, with the approval of a site plan or subdivision plat. Under this provision the maximum setback shall be 25 feet. A minimum lot depth of 65 feet, as measured from front building line to rear lot line, shall be maintained.
(3)
Rear yard setback. The minimum rear yard shall be five feet for a single story structure and 15 feet for any two-story structure. If access is from an alley, the minimum setback will be 20 feet for garages or carports.
(4)
Side yard setback. The minimum side yard shall be zero feet except that there shall be at least ten feet of separation between structures. When garden (patio) homes are constructed with a zero side yard, five feet on the lot adjacent to the zero setback shall be dedicated as an access easement for the zero setback garden (patio) home. There shall be a minimum of 20 feet from any property line adjacent to a street.
(5)
Lot frontage. The minimum frontage of any garden (patio) home shall be 25 feet on residential streets and 35 feet on collector and thoroughfare streets.
(6)
Lot area. The minimum lot area for any development lot for garden (patio) homes shall be 2,800 feet.
(7)
Maximum length of structures. No zero lot line structure shall have an overall length exceeding 250 feet.
(8)
Maximum height of structures. No structure shall exceed two stories or 35 feet in height.
(9)
Parking. Two off-street spaces per dwelling unit plus one-half space per dwelling unit for visitor parking within 600 feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.
(10)
Common area maintenance. To ensure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:
a.
Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect. A homeowners' association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.
b.
The HOA or other similar management entity shall be organized as a non-profit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rata formula for all property owners.
(11)
Usable open space requirements. Each parcel of land developed under patio home standards shall provide usable open space totaling 15 percent of the area of a patio home development. Such open space shall have a maximum slope of ten percent and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The 15 percent shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current comprehensive plan). At the time of site plan and/or subdivision plat approval, the city council may give full or partial credit for open areas that exceed the maximum slope, or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.
(12)
Additional landscaping. In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.
(f)
Multifamily residence.
(1)
Courts. Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.
(2)
Usable open space. Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in section 46-3), in accordance with the table below:
a.
In those instances where a parcel of land has been zoned for multifamily use with a specific use permit or planned development classification and the permitted densities do not conform exactly with those permitted in the MF district, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.
b.
In meeting this requirement, a credit of three square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten feet of a pool; developed and equipped children's play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the planning and zoning commission and/or city council may allow a credit not to exceed ten percent of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed 50 percent of the total usable open space for an individual lot or parcel of land.
c.
At the time of site plan approval, the city council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmentally significant and that their preservation would enhance the development.
(g)
Service stations. Gasoline service station pump islands may not be located nearer than 18 feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten feet to the property line.
(h)
Bed and breakfast facilities.
(1)
Defined. See section 46-3, definitions.
(2)
Specific use permit for bed and breakfast facility. No individual property owner shall use his residence as a bed and breakfast facility, as that term is defined herein, without first having received a specific use permit from the city council.
(3)
Permitted in specific districts. See the table of uses, section 46-125.
(4)
Special regulations. The following special regulations shall apply to all specific use permits issued for bed and breakfast facilities:
a.
All bed and breakfast facilities must be owner or manager occupied at all times.
b.
The maximum number of bedrooms which may be rented is five, unless the city council specifically finds that the structure and tract on which it is located is of sufficient size to permit more bedrooms and that the same will not adversely impact the surrounding properties.
c.
One attached sign shall be permitted on the premises. Such signs shall not exceed four square feet in area and shall not include the terms "hotel" or "motel."
d.
Off-street parking shall be provided equal to one parking space per guest bedroom. No parking shall be permitted in the front yard area.
e.
The facilities shall meet all of the minimum requirements of the city-county health department and shall conform in all respects to the requirements of the fire code, building code, electrical code and plumbing code.
f.
All such facilities shall be responsible for the collection of any city hotel/motel tax.
g.
All city-county health officers, building inspectors, the fire marshal and his assistants and other code enforcement officials of the city shall have the right to go on any premises of a bed and breakfast facility during normal business hours for the purpose of verifying compliance with this chapter and all other applicable ordinances of the city.
(i)
Private clubs.
(1)
Specific use permit required. In order to protect the general health, well-being and welfare of the city citizens, the city council declares it to be the policy of the city that private clubs for the consumption of alcoholic beverages shall not be permitted within the city without such establishment having first secured a specific use permit approved by the city council under the terms and regulations of this article.
(2)
Location.
a.
Service and consumption of alcoholic beverages in a planned development (PD) may be allowed subject to inclusion in and approval of the PD regulations by the city council. Such PD regulations shall control to the exclusion of this article other than compliance with the provisions of the Texas Alcoholic Beverage Code.
b.
Establishments seeking to qualify under this article, except those in a PD, must be located in an area properly zoned according to section 46-125—table of uses, and such premises shall not be located within 300 feet of the property line of any church, public or private school, or hospital. The distance between a private club and a private school may be increased to 1,000 feet if the city council receives a written request from the governing body of the private school. The required distance shall be measured from the front door of the premises to the nearest property line of a public park. The measurement of the distance between the private club and the church or hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the private club and the public or private school shall be in a direct line from the nearest property line of the public or private school to the nearest property line of the private club.
c.
Operational regulations.
1.
Not less than 50 percent of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. Food service shall be available at any time alcoholic beverages are being served. The service of alcoholic beverages without food is prohibited in dining areas and is restricted to a bar or lounge area as described in this article.
2.
Such establishments shall comply with all of the provisions of the Texas Alcoholic Beverage Code and receive a private club permit from the state within six months from the date of issuance of the specific use permit by the city, each such limitation in time being subject to extension by the city council.
3.
The city council may revoke a specific use permit upon the finding that any of the operational requirements imposed at the time of granting the permit are not met or thereafter cease to exist. Said specific use permit shall be subject to review based on recommendation from the police department that the public safety has been or is being jeopardized. The city manager and the chief of police are specifically authorized to receive, accept, and investigate complaints from any source.
4.
A private club with a bar or lounge area shall be designed so that patrons can enter only from an area within the primary use, e.g., the dining or reception area of a restaurant, hotel or motel. Emergency exits directly to the outside are permitted.
5.
No signs advertising the sale of alcoholic beverages shall be permitted other than those authorized under the Texas Alcoholic Beverage Code and the city sign ordinance.
d.
Public hearing in cases of apparent noncompliance.
1.
In the event of apparent noncompliance as determined by the city manager or his designee, a public hearing may be scheduled for a future city council meeting for the purpose of determining such compliance or noncompliance of the permittee with the requirements of this article for the operation of a private club. The permittee shall be given at least ten days' written notice of the date, time and place of the public hearing.
2.
A specific use permit shall remain in full force and effect pending such public hearing.
e.
Remedies for noncompliance.
1.
At such public hearing, the permittee may appear in person, or by attorney or representative, and shall further have the right to cross examine witnesses, and to offer such evidence and testimony as he desires with regard to compliance or noncompliance as described in this section. Upon hearing all evidence with regard to the matter, the city council shall enter an order finding compliance or noncompliance on the part of the permittee. If the order finds compliance, the matter shall be concluded.
2.
If the order finds noncompliance, the city council shall further provide for one of the following actions:
(i)
Immediate suspension of the permittee's operation of the private club on the premises; and immediate implementation of procedures to revoke and delete the specific use permit for a private club designation from the zoning of the permittee's property; or
(ii)
Establishment of a six-month period of probation during which the permittee may continue operations under its specific use permit for a private club. The purpose of this probationary period is to allow the permittee to come into compliance with the requirements which were found to be noncompliant as a result of the public hearing;
(iii)
Upon completion of permittee's probationary period, the matter shall be scheduled for consideration at a city council meeting. The purpose of the hearing shall be to determine compliance or noncompliance of the permittee during the entire probationary period with all requirements of this article. Written notice shall be given to the permittee. The permittee, his representative or attorney shall have the right to appear at such meeting and to present any testimony or evidence regarding compliance or noncompliance with this article, or even the results of the audit, as may be desired. Upon hearing of all evidence and testimony, the city council shall enter an order finding compliance or noncompliance with the requirements of this subsection (i);
(iv)
If the order finds compliance, the probationary period shall be ended, and the permittee's operations under the specific use permit may be continued;
(v)
If the order finds noncompliance, the permittee shall immediately cease the operation of the private club on the premises. Procedures shall immediately be implemented on behalf of the city to revoke and delete the specific use permit for a private club designation from the zoning for the permittee's property.
3.
A specific use permit for the operation of a private club shall not be issued for a period of one year for an establishment which has had a specific use permit revoked pursuant to subsection (i)(2)e of this section.
(j)
Swimming pools and spas. It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
(1)
No swimming pool or spa shall be constructed or used until a swimming pool or spa building permit has been issued. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.
(2)
A swimming pool or spa may be constructed and operated when:
a.
The swimming pool or spa is not located in any required front or side yard abutting a street;
b.
A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the swimming pool or spa area or the surrounding yard area (see subsection (k)(12) of this section for additional regulations regarding enclosing of swimming pools);
c.
All lighting of the swimming pool or spa is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties;
d.
No broadcasting system is used for the purpose of advertising the operation of the swimming pool or spa or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the swimming pool or spa and the safety of swimmers; and
e.
The swimming pool or spa shall be located no closer than five feet from any property line as measured from the water's edge.
f.
The swimming or spa is located no closer than three feet from the foundation of the main structure as measured from the water's edge.
g.
The swimming pools or spa shall not be located within any easement or floodplain.
h.
There shall be a minimum 1:1 ratio distance requirement, being a minimum of one foot of distance for every one foot of pool depth, to a main structure foundation, including a patio if tied into the foundation of the main structure. Deviations to the 1:1 ratio requirement may be allowed upon receipt of engineer sealed plans.
i.
There shall be a minimum 1:1 ratio distance requirement, being a minimum of one foot of distance for every one foot of pool depth, to a retaining wall, four feet or greater in height on the property. Deviations to the 1:1 ratio requirement may be allowed upon receipt of engineer sealed plans, but in no instance shall the distance be less than five feet from a property line as measured from the water's edge.
j.
The outdoor equipment related the operation of a swimming pool or spa shall be located a minimum of three feet from adjacent property lines and shall not be located within the front yard of a lot, within any easement or drainage swale.
(k)
Fences.
(1)
Solid fences shall not be allowed in the required front yard in any district.
(2)
No fence shall exceed three feet in height in the required front yard in any district.
(3)
No fence shall be allowed in the required right-of-way.
(4)
Fences shall meet the requirements of subsection (l) of this section.
(5)
No fence in a residential district shall exceed eight feet in height.
(6)
Fences shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area.
(7)
In residential areas, barbed wire, razor wire, electrified fencing or other hazardous material shall not be allowed in the construction of a boundary fence.
(8)
In recognition of the historical rural nature of Van Alstyne, within the OTRD as defined in section 46-83, the city council may, at their discretion, give permission for nonconforming fencing.
(9)
Every fenced enclosure constructed under the provisions of this section shall have at least one gate in its perimeter.
(10)
All fences constructed under the provisions of this section shall be maintained so as to comply with the requirements of this section at all times. The chief building official may order the repair or removal of a fence if it is determined that said fence is a danger to the safety of the citizens. Fences shall be repaired in compliance with the provisions of this chapter.
(11)
When a nonresidentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, an opaque wood fence or masonry fence having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line. The exception may be granted for property within the CBD—Central Business District, at the discretion of the city council.
(12)
Fences associated with swimming pools.
a.
Every swimming pool, or excavation designed or intended to ultimately become a swimming pool, while under construction as well as after completion, shall be continuously protected by an enclosure surrounding the pool or excavated area in such a manner as to make such pool or excavated area reasonably inaccessible to small children or animals. Exceptions are as follows:
1.
This provision shall not apply to:
(i)
Bodies of water other than swimming pools which are owned or controlled by the federal government, state, county or any agency, subdivision or department thereof; or
(ii)
Bodies of water located in natural drainageways.
2.
In single-family occupancies, the enclosure may surround the entire single-family premises.
3.
In multifamily occupancies, the enclosure may include the courtyard that surrounds the pool.
b.
An enclosure shall be a fence, wall, or building not less than six feet in height with no openings, holes or gaps larger than four inches measured in any direction, except that measurement for a picket fence (one composed primarily of vertical members) shall be measured in a horizontal direction between members.
c.
Gates and doors opening directly into such enclosure shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping such doors or gates securely closed, said latching device to be attached to the gate or door not less than 36 inches above the grade or the floor. Exception: The doors of any building forming any part of the enclosure hereinabove required need not be so equipped.
d.
Swimming pools in existence on the effective date of the ordinance from which this section is derived shall be fenced in accordance with the requirements hereinabove set forth, and it shall be unlawful for any person to maintain any swimming pool in the corporate limits of the city which is not protected by an enclosure in accordance with the requirements of this section.
e.
All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this section, and the final inspection and approval of all pools constructed shall be withheld until all requirements of this section have been complied with by the owner, purchaser under contract, lessee, tenant or licensee.
(l)
Sight line of traffic.
(1)
No fence, plant, building or other structure shall be located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or interfere with the sight lines for traffic of a driver of any approaching, emerging or intersecting traffic or so as to prevent any traveler on any street in use by the public from obtaining a clear view of approaching vehicles for a distance of 150 feet along a street in use by the public.
(2)
An opaque wood fence or masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.
(m)
Billboards.
(1)
For purposes of this chapter, the term "billboard" shall have the same meaning as set forth in chapter 32 of this Code (sign ordinance), as it exists or may be amended.
(2)
Billboards are prohibited in the city limits and in all zoning districts.
(n)
Recreational and sports stores.
(1)
Recreational and sport stores shall meet all federal and state licensing requirements.
(2)
Discharge of firearms using live ammunition shall be strictly prohibited.
(o)
Modular (industrialized) home requirements. The following requirements shall be met for modular homes:
(1)
The modular home meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction.
(2)
The modular home conforms to all applicable zoning standards for the respective zoning district.
(3)
The modular home is affixed to an approved permanent foundation system.
(4)
The chief building official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article 1221f V.T.C.S.).
(5)
The modular home is placed on an approved platted lot.
(6)
Per the V.T.C.A., Occupations Code § 1202.253, Modular (Industrialized) homes shall:
a.
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
b.
Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
c.
Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and
d.
Be securely fixed to a permanent foundation.
(7)
For purposes of above subsection (6), "value" means the taxable value of the industrialized housing and the lot after installation of the housing.
(Ord. No. 907, § 3, 6-8-2021; Ord. No. 1005, § 3, 2-13-2024)
Sec. 46-132. - Home occupation regulations.
(a)
Purpose. Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
(b)
Special provisions for home occupations.
(1)
Home occupations shall be permitted as accessory use in single-family residential zoning districts provided that they comply with all ordinances of the city and are located in the dwelling used by the person who has the home occupation as his private residence.
(2)
The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling.
(3)
Such use shall never be permitted as a principal use and shall only be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding 25 percent of the combined gross floor area of dwelling unit and any accessory buildings that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet).
(4)
The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs. A person who receives a wage, salary or percentage of the profits directly related to the home occupation shall be considered an employee for the purposes of this section, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business.
(5)
Not more than two patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking, being at least two off-street parking spaces, on the property where the use is located.
(6)
The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, including deliveries or pick-ups, and between 8:00 a.m. and 10:00 p.m. for indoor activities.
(7)
One commercial vehicle, capacity of one ton or less, according to the manufacturer's classification, may be used, or parked behind the front building line on the property, in connection with the home occupation, but the vehicle may not be parked in the street or within the front yard setback.
(8)
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular or frequent deliveries or pick-ups by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification. The deliveries or pick-ups shall be considered regular or frequent if the combined daily total exceeds two per day.
(9)
The home occupation use/activity shall take place primarily within the dwelling, and there shall be no outside storage, including trailers, or outside display related to the home occupation use. Any outdoor activities associated with a home occupation must not be visible from the street and shall be screened from all neighboring properties by a solid fence of at least six feet in height.
(10)
No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or a vocation which is conducted solely for pleasure and not for profit or financial gain.
(11)
The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.
(12)
The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio or visual means, nor shall the street address of the home occupation be advertised through signs, billboards, television, radio, or newspapers.
(13)
The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.
(14)
A home occupation shall produce no offensive noise, vibration, glare, smoke, electrical interference, fumes or dim odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, ammunition or other hazardous materials shall be used or stored on the site for business purposes.
(c)
Applicability of other regulations. Home occupations shall also be subject to any and all other provisions of local, state and federal regulations and laws that govern such uses.
(d)
Uses allowed as home occupations. Subject to the provisions of this chapter, home occupations may include the following uses:
(1)
Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;
(2)
Author, artist or sculptor;
(3)
Dressmaker, seamstress or tailor;
(4)
Music or dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than six pupils at a time;
(5)
Individual tutoring and home schooling;
(6)
Office facility of a minister, rabbi, priest or other clergyman;
(7)
Home crafts, such as rug weaving, model making, etc.;
(8)
Office facility of a salesman, sales or manufacturer's representative, provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;
(9)
Repair shop for small electrical appliances, cameras, watches and clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;
(10)
Food preparation establishments such as cake making, decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;
(11)
Barbershop or beauty salon or manicure studio, provided that no more than one customer is served at a time;
(12)
Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time; and
(13)
Antique firearm restoration (gunsmithing).
a.
All firearms stored or kept at the residence as a part of the home occupation shall fall within the definition of the term "antique" as defined by the U.S. Code, title 18, part 1, chapter 44, section 921(16).
b.
No ammunition as defined by U.S. Code, title 18, part 1, chapter 44, section 921(17) and for use with a firearm as defined above shall be traded or sold as part of the home occupation.
(e)
Uses prohibited as home occupations. Home occupations shall not, in any event, be deemed to include the following uses:
(1)
Animal hospitals or clinics, commercial stables having more than two horses per acre or kennels;
(2)
Restaurants or on-premises food or beverage, including private clubs, consumption of any kind, except for limited food or meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;
(3)
Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;
(4)
On-premises retail or wholesale sales of any kind where multiple customers patronize the sales business on-site, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;
(5)
Commercial clothing laundering or cleaning;
(6)
Mortuaries or funeral homes;
(7)
Trailer, vehicle, tool, or equipment rentals;
(8)
Repair shops for any items having internal combustion engines; and
(9)
Any use that would be defined by the building code as an assembly, factory or industrial, hazardous, institutional or mercantile occupancy.
(f)
Home occupation uses not classified herein. Any use that is not expressly allowed or expressly prohibited by this chapter is considered prohibited, unless and until such use is classified by amendment to this chapter.
(g)
Effect of this article upon existing home occupations. Any home occupation that was legally in existence as of the effective date of the ordinance from which this article is derived and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of this chapter, provided that the owner or proprietor of such home occupation register his business with the city within 120 days of the effective date of the ordinance from which this article is derived, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of the ordinance from which this article is derived shall be required upon registration.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-133. - Specific use permit.
(a)
General provisions.
(1)
As permitted under the provisions of this chapter, a property owner may petition the city for a specific use of property, as authorized by the zoning district in which the property is located. Such petition shall be considered by the planning and zoning commission. After proper notice and a public hearing, the planning and zoning commission shall make a recommendation to the city council regarding any application for a specific use permit. The planning and zoning commission may require information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed.
(2)
An application for a specific use permit (SUP) shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, and locations of buildings; the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings, and fences; and the relationship of the intended use to all existing properties and land uses in all directions. (These are general guidelines; for specific details, refer to section 46-178(1) and (2)).
(3)
After proper notice and a public hearing, the city council may grant a permit for a specific use of property as authorized by the zoning district in which the property is situated. The city council may require information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed.
(b)
Specific use permit regulations.
(1)
In recommending that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.
(2)
The city council shall authorize issuance of a specific use permit only after determining that the proposed use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration.
(3)
The city council shall authorize issuance of a specific use permit only after determining that adequate provisions have been made for the paving of streets, alleys, and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.
(4)
No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the permit, as attached to the site plan drawing and approved by the city council. No public hearing is necessary for site plan approval.
(5)
Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(6)
When the city council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by an "S" designation.
(7)
Every specific use permit granted under these provisions shall be considered as an amendment to the zoning chapter as applicable to such property under consideration so long as all conditions imposed at the time of granting said permit continue to be met and no substantive change in the use of the property occurs. In the event the building, premises, or land use under the specific use permit is voluntarily vacated for a period in excess of 90 days, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate specific use permit is granted for continuation of the same.
(8)
In granting a specific use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such specific use permit; and such conditions are not precedent to the granting of a specific use permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.
(9)
A building permit shall be applied for and secured within six months from the time of granting the specific use permit, provided, however, that the city council may authorize an extension of this time upon recommendation by the planning and zoning commission, except in the case of a private street development which shall have no limit regarding the application and securing of a building permit.
(10)
No building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alterations, or change.
(11)
The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit. This is action reserved for the city council.
(12)
All specific use permits issued by the city shall be transferable from one owner or owners of the subject property to a new owner or occupant of the subject property.
(13)
Payment for a specific use permit must be made to the city.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-134. - Temporary uses.
The following temporary uses may be allowed under the conditions and for the time specified upon proper application and review by the zoning administrator:
(1)
A temporary building may be used as an office incidental to construction work if such building is located upon the same property as the site under construction, contains no living quarters, and provides for no uses not incidental to construction on the premises. Such buildings shall be removed within 30 days following final acceptance of the construction by the city.
(2)
A temporary facility or a permanent residential structure located on any platted lot in an approved residential subdivision may be used as a construction office, or as a sales office, or for display purposes. No more than one office and no more than four display facilities shall be allowed for any purposes for any other subdivision. Such temporary use shall be allowed for a period of one year, with extensions upon application and approval of six months possible, provided construction remains continuous and no more than ten lots remain unsold in the subdivision. However, in no case shall more than four such extensions be granted.
(3)
Temporary uses of a religious or philanthropic nature by those organizations not normally conducting business for profit may be allowed for the period of their actual duration up to a maximum of 30 days, except that two extensions of up to 30 days may be possible upon application and approval.
(4)
Temporary sales of seasonal products such as firewood, cut trees, plants, fruits and vegetables, and the like may be allowed during their normal and generally accepted season for a period of up to 30 days, except that two extensions of up to 30 days may be possible upon application and approval. Temporary sales of seasonal products may be allowed no more than 120 days, whether consecutive or cumulative, per site.
(5)
The city manager, or his designee, in approving or denying such application shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated; health and sanitary conditions; and compliance with other regulations of this chapter. The city manager or his designee shall have the right to revoke any temporary use at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within ten days of notification of such finding.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-135. - Accessory structures and uses.
(a)
Area regulations for accessory structures in residential and multifamily districts.
(1)
Size of yards:
a.
Front yard: Detached front accessory structures shall have a front yard not less than the main structure or as specified in the particular zoning district.
b.
Side yard:
i.
There shall be a side yard not less than three feet from any side lot line, or alley right-of-way for any detached accessory structure provided that such structure is separated from the main structure by a minimum distance of ten feet.
ii.
In the case of a detached accessory structure being closer than ten feet to the main structure, the minimum side yard requirements for the main structure shall be required.
iii.
Accessory structures adjacent to a side street shall have a side yard not less than 15 feet. Garages located and arranged so as to be entered from the side yard shall have a minimum distance of 20 feet from the side lot line, alley right-of-way, or easement line.
iv.
Garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required front yard for the main structure.
c.
Rear yard:
i.
Detached accessory structures constructed a minimum of ten feet from the main structure shall have a rear yard of a minimum of three feet from any lot line or alley right-of-way, or easement line.
ii.
Garages, or other accessory structures, located within the rear portion of a lot as heretofore described, constructed closer than ten feet to the main structure, shall have a rear yard equivalent to the rear yard requirement for the main structure;
iii.
Garages arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear yard or alley easement line a minimum distance of 20 feet.
(2)
Detached accessory structure yard requirements in the MF District shall be the same as the main structure unless approved by the Planning and Zoning Commission on a site plan for the multifamily development.
(b)
Additional standards for detached accessory structures and detached garages.
(1)
In no instance shall the height of an accessory structure or detached garage exceed the height of the primary dwelling.
(2)
Where a detached accessory is greater than 160 sq. ft., the following standards shall apply:
a.
Divided light windows are provided on at least two sides of the structure;
b.
A minimum roof pitch of four in 12 is provided;
c.
A minimum 20-foot side yard setback is provided.
(3)
A specific use permit is required for either of the following instances:
a.
An accessory structure that is greater in size than the primary dwelling. For the purpose of this subsection, the total size of the primary dwelling includes the size of an attached private garage;
b.
The size of the accessory structure is greater than seven percent of the size of the lot area; or
c.
The size of the accessory structure is greater than 4,000 square feet.
(Ord. No. 1005, § 3, 2-13-2024)
Editor's note— Ord. No. 1005, § 3, adopted Feb. 13, 2024, repealed the former § 46-135, and enacted a new § 46-135 as set out herein. The former § 46-135 pertained to accessory uses and derived from Ord. No. 907, § 3, adopted June 8, 2021.
Sec. 46-136. - Nonconforming uses—Intent of provisions.
(a)
Uses and structures in existence at time of adoption of ordinances. A nonconforming status shall exist only when:
(1)
Prior to the adoption of the previous Zoning Ordinance No. 389A adopted on August 11, 1992, the use or structure was in existence and lawfully constructed, located and operating in accordance with the prior zoning ordinance or which was a nonconforming use or structure thereunder, and which use or structure does not now conform to the regulations herein prescribed for the zoning district in which such use or structure is located or any code requirements to be a lawful structure, and has been operating or used since, without discontinuance, abandonment, destruction or dilapidation; or
(2)
Prior to the effective date of Ordinance No. 557, being October 21, 2004, the use or structure was in existence and lawfully constructed, located and operating in accordance with the prior zoning ordinance or which was a nonconforming use or structure thereunder, and which use or structure does not now conform to the regulations herein prescribed for the zoning district in which such use or structure is located or any code requirements to be a lawful structure, and has been operating or used since, without discontinuance, abandonment, destruction or dilapidation; or
(3)
A use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time annexed into the city and has since been in regular and continuous use.
(b)
Purpose of nonconforming provisions. It is the declared purpose of this section that nonconforming uses and structures be eventually discontinued and the structure and/or the use of the premises be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming uses and structures.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-137. - Nonconforming uses—Termination of use.
(a)
A nonconforming use may be continued provided that such continuance is in accordance with the provisions of this chapter and all other applicable codes of the city necessary to ensure adequate protection and safety of adjacent property and the users of such nonconforming use. However, the right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:
(1)
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this section. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a use or the vacancy of a building or premises occupied by a nonconforming use for a period of 180 days shall be construed as proof of intent to abandon the nonconforming use; however any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned upon removal; or
(2)
Conviction, a guilty plea or deferred adjudication of a violation of any of the provisions of this chapter or violation of any ordinance with respect to the nonconforming use shall cause the immediate termination of the right to operate such nonconforming use; or
(3)
Whenever a nonconforming use is changed to a conforming use by a change of zoning so as to achieve compliance with the provisions of a new or different zoning district; or
(4)
Whenever a nonconforming use is changed to a conforming use; or
(5)
Whenever the structure in which a nonconforming use is housed, operated or maintained is destroyed, remodeled or damaged by fire, acts of nature, or other causes and the damage is to 50 percent or more of the existing square footage, or the cost to repair/replace is 50 percent or more of the dollar value of the structure (excluding land) shown on the most current tax bill from the Grayson or Collin Central Appraisal Districts, the right to operate such nonconforming use shall cease.
(b)
In the event that a structure in which a nonconforming use is housed, operated or maintained is partially destroyed, remodeled or damaged by fire, acts of nature, or other causes and the damage is to less than 50 percent of the existing square footage or the cost to repair is less than 50 percent of the dollar value of the structure (excluding land) as shown on the most current tax bill from the Grayson or Collin Central Appraisal Districts, the nonconforming use may be allowed to continue if the structure is rebuilt without increasing the size and a certificate of occupancy for the repaired structure is obtained within two years of the date of destruction or damage, or in the event of a remodel, within one year of the date a building permit is received for the remodel.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-138. - Nonconforming uses—Changing status to conforming.
(a)
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(b)
A change of use from one nonconforming use to another nonconforming use in the same zoning district may be made only upon approval of the zoning board of adjustment, using the notice and hearing procedures for a variance in accordance with section 46-202 of this chapter, provided that such change is to a use of a more restricted district. No nonconforming use shall be changed to another nonconforming use which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as to comply with the then current off-street parking requirements for such proposed use. In the event that a nonconforming use is changed to a nonconforming use of a more restricted district, the building or structure containing such nonconforming use shall not later be reverted to the former lower or less restricted district.
(c)
A nonconforming use may not be expanded or enlarged, however additional off-street parking may be added to the property in conformity with this chapter.
(d)
No structural alterations, including expansion or enlargement, are permitted on a structure containing a nonconforming use, except those alterations allowed by section 46-139(d) of this Code.
(e)
A structure within which a nonconforming use is located shall be maintained in compliance with city ordinances, however if the nonconforming use is located in a nonconforming structure, then the standards for nonconforming structures shall also apply.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-139. - Nonconforming structures—Termination of use.
(a)
The use of a nonconforming structure may be continued provided that such continuance is in accordance with the provisions of this chapter and all other applicable codes of the city necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming structure. However, the right to continue a nonconforming structure shall cease and such use contained therein shall be terminated under any of the following circumstances:
(1)
Whenever a nonconforming structure is changed to a conforming structure by a change of zoning district so as to achieve compliance with the provisions of the new or different zoning district; or
(2)
Whenever a nonconforming structure is changed to a conforming structure; or
(3)
Whenever a nonconforming structure is destroyed, remodeled or damaged by fire, acts of nature, or other causes and the damage is to 50 percent or more of the existing square footage, or the cost to repair/replace is 50 percent or more of the dollar value of the structure (excluding land) as shown on the most current tax bill from the Grayson or Collin Central Appraisal Districts, then such structure shall be brought into compliance with all applicable codes and ordinances; or
(b)
In the event that a nonconforming structure is partially destroyed, remodeled or damaged by fire, acts of nature, or other causes and the damage is to less than 50 percent of the existing square footage or the cost to repair is less than 50 percent of the dollar value of the structure (excluding land) as shown on the most current tax bill from the Grayson or Collin Central Appraisal Districts, the structure may be rebuilt, without increasing the size, upon issuance of a building permit.
(c)
Nothing contained herein shall be construed to prohibit the strengthening or repair of any part of any nonconforming structure declared unsafe as allowed by law, unless such repairs exceed 50 percent of the dollar value of the structure or improvement as shown on the most current tax bill from the Grayson or Collin Central Appraisal Districts. In such case the right to operate, occupy or maintain such structure may be terminated and such structure shall be demolished as allowed by law.
(d)
Repairs and normal maintenance may be made to a nonconforming structure provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the structure is changed to a conforming structure and use.
(e)
The use of a nonconforming structure shall not be changed to another use which requires more off-street parking spaces or off-street loading space than the original use, unless additional off-street parking and loading space is provided so as to comply with the then current off-street parking requirements for such proposed use.
(f)
Except as provided in (g) below, where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of right-of-way, by eminent domain, dedication or purchase, by a city, county, state, or federal agency creates noncompliance of the structure regarding any requirement of this section, such structure shall be deemed a lawful structure. Such designation shall apply only to noncompliance that results directly from the acquisition of right-of-way. In the event that such structure is partially or totally destroyed by fire or other causes, the structure may be rebuilt upon issuance of a building permit. Any new construction on the lot, tract, or parcel, including expansion of any existing structure, shall comply with all applicable zoning standards, and building setbacks of the expansion or new construction shall be measured relative to the new right-of-way line.
(g)
If a governmental agency provides compensation to a property owner for the demolition of improvements or for other curative measures which renders the property or its improvements to be in violation of city zoning ordinances, then the property shall not be eligible for the exemption provided in (a) above. The building official or designee is authorized to provide notice to any affected property owner, lienholder, or certificate of occupancy holder, listing the items of noncompliance for which no exemption is being provided under this section. The building official is authorized to file an affidavit in the Grayson or Collin County Deed Records noting such noncompliance, that the property has been compensated for said noncompliance, and that a certificate of occupancy shall not be issued until such noncompliance is cured. Once the property and its improvements are brought into full compliance with all applicable ordinances of the city, the building official or designee will be authorized to file an affidavit in the Grayson or Collin County Deed Records noting such compliance. The building official or designee is authorized to revoke a certificate of occupancy for any building or structure for which compensation has been paid to be demolished as part of a right-of-way acquisition by a governmental agency. A certificate of occupancy shall not be issued for any building or structure for which compensation has been paid to be demolished or for other curative measures until such time that the property and its improvements either come into full compliance with all applicable ordinances of the city or the curative measures, for which the compensation was paid, have been completed.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-141. - Site plans required.
(a)
Approval of a site plan shall be required for all development proposals involving the following:
(1)
A specific use permit;
(2)
Multiple-family project;
(3)
Shopping centers;
(4)
Mobile home parks;
(5)
Principal permitted uses in all zoning districts, except as exempted under other provisions of chapter;
(6)
Any development where more than one main building or primary use is proposed on a single lot, building site, or tract;
(7)
A planned development.
(b)
Except for site plans exempted in other provisions of this chapter, site or development plans for specific use permits and for planned developments shall become a permanent part of the zoning regulations for the proposed development, and any site plan or any significant change to such a site plan previously approved shall be considered as an amendment to this chapter.
(c)
Prior to the issuance of any building permit, a site plan drawn to scale shall be submitted for initiation of the review and approval process.
(Ord. No. 907, § 3, 6-8-2021; Ord. No. 926, § 3, 11-9-2021)
Sec. 46-142. - Site plan content.
(a)
When required, a site plan shall include the following:
(1)
General requirements for all site plans.
a.
Applicant's name, address, and phone number;
b.
Development location (include subdivision, lot number, and address);
c.
Proposed use or uses (letter of intent required);
d.
Zoning district (attach copy of ordinance governing subject property).
(2)
Requirements for site plans having to do with a specific use permit request.
a.
Drawn to scale, with a maximum scale of one inch equals 50 feet;
b.
Relationship of the intended use to all existing properties and land uses in all directions;
c.
Location of all existing and proposed buildings or structures on lot;
d.
Location of any on-site items (kiosks, sanitation containers, drop boxes, etc.);
e.
Any necessary easements;
f.
Location and type of all existing and proposed screening, including screening of sanitation containers, parking areas, vehicles awaiting repair, open storage, etc.;
g.
Sign locations;
h.
Site circulation and parking, ingress and egress to public streets;
i.
Additional information as deemed necessary to adequately evaluate the site or development plan.
j.
For the purposes of a specific use permit request, the site plan does not have to be drawn up by an engineering or architectural professional. It may be done by the requestee as long as it is done so in a manner reflecting a degree of care and proficiency consistent with a document that will become a part of the public record. The city council reserves the right to ask that a professionally drawn site plan be presented when so requested.
(3)
Requirements for site plans having to do with all other development proposals.
a.
Scale: One inch equals 20 feet, 30 feet, or 40 feet;
b.
Lot area (net and gross);
c.
Lot coverage;
d.
Location of all existing buildings or structures on lot;
e.
Building size and total floor area (separated by use);
f.
Adjacent land uses and improvements;
g.
Location of hazardous chemical storage;
h.
Sign locations;
i.
Location of any on-site items (kiosks, sanitation containers, drop boxes, etc.);
j.
Easements;
k.
Location and type of all existing and proposed screening, including screening of sanitation containers, parking areas, vehicles awaiting repair, open storage, etc.;
l.
Location of areas of major tree cover;
m.
Required landscape areas;
n.
Additional information as deemed necessary to adequately evaluate the site or development plan;
o.
Site circulation and parking:
1.
Drive approach dimensions and radii;
2.
Delineation and width of internal circulation roadways;
3.
Distances between driveways and intersecting streets;
4.
Number of required parking spaces and number of parking spaces provided, including handicapped parking spaces;
5.
Parking dimensions;
6.
Stacking spaces and drive-through lane location;
7.
Location of curb stops relative to front of parking stall. Note: Wheel stops are not permitted in lieu of curbs;
8.
Handicapped ramps (required at all intersections);
9.
Building entrances;
10.
Sidewalk dimensions;
11.
Fire lanes meeting fire code standards;
12.
Delivery truck docks;
13.
Sanitation container locations;
14.
Medians, islands, barriers, and channelization;
15.
Width of adjacent streets, alleys, or other access abutting property;
16.
Length, width, and taper of turn bays.
p.
Utilities:
1.
Existing and proposed water mains (include size and valve locations);
2.
Water meter size and location;
3.
Existing and proposed sewer mains (include size, manholes and cleanout);
4.
Sewer service size (provide cleanout at property line);
5.
Existing and proposed utility easements;
6.
Existing and proposed fire hydrants (include any nearby off-site hydrants);
7.
Existing and proposed fire lines and appurtenances;
8.
Location and size of irrigation meters;
9.
Location and size of grease and sand traps;
10.
Location and size of sampling pits;
11.
Location and type of pretreatment.
q.
Drainage:
1.
Existing and proposed elevation at critical points;
2.
Drainage area map (if site is over one acre);
3.
On-site collection system;
4.
100-year flood elevation (if in floodprone area);
5.
Existing and proposed contours at two-foot intervals;
6.
Existing and proposed drainage structures (include size and type);
7.
Existing and proposed culverts (use six-to-one sloped headwall);
8.
Direction of surface drainage (must be discharged into existing waterway or public right-of-way).
(b)
Conceptual site plans.
(1)
Prior to any subdivision of property in any retail district, a conceptual site plan representing the general site assessment of the property shall be approved by the planning and zoning commission.
(2)
The conceptual site plan shall include all the land that existed in single ownership at the time of initial zoning, or at the time this provision became effective, whichever is later.
(3)
The conceptual site plan shall include sufficient information to adequately assess the functionality of the proposed subdivision and its impact on surrounding properties and circulation systems, including, but not limited to:
a.
Basic mapping details, such as site boundaries and dimensions, site acreage, location map, north arrow, scale, title block, etc.;
b.
Access to the site and interior site circulation;
c.
Proposed lot layout;
d.
Other items which may negatively impact adjacent property, such as general parking arrangement, delivery truck/dock locations, medians or traffic control devices, and/or median breaks.
(4)
The planning and zoning commission shall approve the conceptual site plan, approve the conceptual site plan with conditions, or disapprove the conceptual site plan.
(5)
Any development or subdivision of the property shall generally be consistent with the conceptual site plan as approved or amended. No plat, building permit, or certificate of occupancy shall be issued for the property unless all construction and development generally conforms to the conceptual site plan.
(6)
A conceptual site plan shall expire five years after its approval or amendment date if no building permits have been issued for the site or if a building permit has been issued but has subsequently lapsed.
(c)
Preliminary site plans. For the purpose of assisting in-process planning, a preliminary site plan may be submitted for planning and zoning commission and planning division consideration. Such preliminary site plan may contain any or all of the site plan requirements and must be drawn to scale, submitted in adequate quantity, and titled "Preliminary Site Plan." The approval of a preliminary site plan will not imply approval of all elements of a site plan. It shall be unlawful to issue any building permit on a preliminary site plan.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-143. - Submittal of façade design for non-residential buildings and structures.
(a)
Submittal information. Sufficient information shall be submitted to evaluate the architectural standards criteria outlined herein as part of the site plan submittal.
(b)
Elevations. Applications that includes a site plan shall include the following:
(1)
Color renderings of all façades of each building.
(2)
Proposed exterior materials with a percentage breakdown of each material used, exclusive of windows and doors.
(3)
A calculation chart or graphic exhibit demonstrating compliance with the articulation standards.
(4)
A listing of the selected auxiliary design standards, described herein, to illustrate compliance.
(5)
If a landmark feature is required of the building, please note the feature proposed for credit.
(6)
Provide the roof material.
(7)
The director may require sample boards.
(c)
Streetscape elements. For any proposed streetscape elements (such as bike racks, trash receptacles, lampposts, tree grates, bollards, outdoor seating, etc.) or screening devices (masonry walls screening dumpsters, mechanical equipment, etc.), graphics shall also be submitted showing the material, color, height, and any other pertinent details of the elements proposed.
(Ord. No. 926, § 3, 11-9-2021)
Sec. 46-144. - Lighting plan content.
Where site lighting is required or proposed, a lighting plan shall be submitted along with a statement of compliance by a qualified lighting expert, such as an engineer, architect, landscape architect, lighting manufacturer's representative, or lighting contractor.
(Ord. No. 907, § 3, 6-8-2021; Ord. No. 926, § 3, 11-9-2021)
Sec. 46-145. - Site plan approval process.
(a)
The planning and zoning commission shall review the proposed site plan and shall submit to the city council a recommendation of approval, approval with conditions, or disapproval. Prior to consideration of a site plan, the planning and zoning commission may hold a public hearing, with notice given according to the procedure for a change in a zoning district location or boundary.
(b)
City council, planning and zoning commission, and staff consideration shall include paving and layout of streets, alleys, and sidewalks, means of ingress and egress, provisions for drainage, parking spaces, protective screening, and open spaces, as well as areas designated for landscaping, and any other aspect deemed necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity, and general welfare of the city.
(c)
If during the course of considering the site plan, conceptual site plan, or landscape plan, the planning and zoning commission is of the opinion that a proper recommendation cannot be made without additional information, the planning and zoning commission is authorized to request that the applicant submit said information and is further authorized to withhold action on the site plan until the submission of the information for the planning and zoning commission's consideration.
(d)
A site plan shall expire two years after its approval or amendment date if no building permits have been issued for the site, or if a building permit has been issued but has subsequently lapsed. Expiration shall not apply to site plans submitted for a planned development or specific use permit.
(e)
It shall be unlawful to issue a building permit prior to the approval of the site plan by the city council, planning and zoning commission and/or planning division, as appropriate. No building permit shall be issued except in conformity with the approved site plan, including all conditions of approval.
(f)
During construction and upon completion, the project will be inspected to ensure that the approved site plan has been followed.
(Ord. No. 907, § 3, 6-8-2021; Ord. No. 926, § 3, 11-9-2021)
Sec. 46-146. - Site plan revisions.
(a)
In the event that changes to the approved site plan are proposed, the city manager shall have the authority to require that a revised site plan be submitted to the city for review and approval.
(b)
It is recognized that final architectural and engineering design may necessitate some judgment in the determination of conformance to an approved site plan. The city manager shall have the authority to interpret conformance to an approved site plan, provided that such interpretations do not materially affect access, circulation, general building location on the site, or any conditions specifically attached as part of a city council approval. The city manager shall only approve minor changes that substantially conform to the approved site plan and with all applicable city regulations.
(1)
Examples of revisions which may be approved by the city manager include:
a.
Minor dimension and location adjustments;
b.
Minor changes in the number of parking spaces, provided that minimum parking requirements are met;
c.
Adjustments to sanitation container location;
d.
Minor revisions to approved elevations; and
e.
Substitution of similar materials on an approved landscape plan.
(2)
Examples of revisions that may not be approved by the city manager include:
a.
Major changes to type of screening materials;
b.
Significant alterations to the building footprint;
c.
Specific conditions of approval; and
d.
Any changes that may negatively impact adjacent properties.
(c)
If, in the judgment of the city manager, the proposed revisions exceed staff's approval authority, the revised site plan shall be forwarded to the planning and zoning commission for consideration according to the procedures for site plan approval. If proposed revisions to the site plan have not been approved by the city manager within 30 days of their final submission, they shall be scheduled for consideration by the planning and zoning commission upon request by the applicant.
(Ord. No. 907, § 3, 6-8-2021; Ord. No. 926, § 3, 11-9-2021)
Sec. 46-151. - Building permits.
(a)
General requirements. No permanent structure may be constructed or otherwise located within the city limits prior to issuance of a building permit by the building inspector.
(b)
Procedure for new or altered buildings. Plans for any permanent structure to be constructed or otherwise located within the city limits must be approved by the building official who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the building code. Upon submission of a complete application, the building official shall issue a building permit. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building official shall conduct a foundation, plumbing, electrical and framing inspection.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-152. - Certificates of occupancy.
(a)
Certificates of occupancy required.
(1)
Certificates of occupancy shall be required for the following:
a.
Occupancy and use of a new structure or structurally altered structure;
b.
Change in use of an existing structure;
c.
Occupancy and use of vacant land, except agricultural use;
d.
Change in the use of land, except to agricultural use; or
e.
Any change in the use of a nonconforming use.
(2)
No such use, or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the building official.
(b)
Procedure for new or altered structures. Written application for a certificate of occupancy for a new building or for an existing building which is to be structurally altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued with ten days after a written request for the same has been made to said building official or his agent after the erection or alteration of such building or part thereof has been completed and inspections passed in conformity with the provisions of city ordinances. The structure shall not be occupied until the certificate of occupancy is issued.
(c)
Procedure for change in use of existing structures and changes in nonconforming uses. Written application for a certificate of occupancy for the change in use of an existing structure, or for a change in a nonconforming use to a conforming use shall be made to the building official prior to the change in use. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore shall be issued within ten days after the application for same has been properly made. Written application for a certificate of occupancy for a change in a nonconforming use of an existing structure to another nonconforming use shall not be approved unless such change has been approved by the zoning board of adjustment.
(d)
Procedure for occupancy and use of vacant land or change in use of land. Written application for a certificate of occupancy for the occupancy or use of vacant land or a change in use of land already in use shall be made to the building official. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore shall be issued within ten days after the application for same has been properly made.
(e)
Contents. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the building official or his agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.
(f)
Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building official for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter.
(g)
Certificate for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of the ordinance from which this section is derived. Application for such certificate of occupancy for a nonconforming use shall be filed with the building official by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of the ordinance from which this section is derived.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-153. - Completion of buildings.
(a)
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction, or designated use of any building which shall be completed in its entirety within one year from the date of the passage of the ordinance from which this chapter is derived, provided such building was authorized by building permit before the passage of the ordinance from which this chapter is derived and further provided construction shall have been started within 90 days of the passage of the ordinance from which this chapter is derived.
(b)
Commitments made by the city with reference to construction of public utility buildings and facilities necessary for the anticipated expansion of the city made prior to the passage of the ordinance from which this chapter is derived shall be observed.
(Ord. No. 907, § 3, 6-8-2021)
Sec. 46-154. - Maintenance of property.
Maintenance of the property in conformance with the approved site plan shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved site plan shall be a violation of this section.
(Ord. No. 907, § 3, 6-8-2021)