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Vinton City Zoning Code

CHAPTER 4

Accessory Use and Structure Standards

Sec. 4.01.01 Purpose and Applicability

  • Purpose. This Chapter establishes regulations for accessory uses, structures, and buildings which are intended to:
    1. Limit accessory uses to those uses that are subordinate and customarily associated with the principal use;
    2. Set out development standards that ensure that the scale and placement of accessory structures and buildings is subordinate to the principal building or structure;
    3. Limit the location of accessory uses, buildings, and structures to the same lot or parcel as the principal use, building, or structure; and
    4. Require the issuance of permits for all accessory structures and uses, except where the UDC expressly states that permits are not required.
  • Applicability. The standards for accessory uses, structures, and buildings described in this Chapter apply to:

    1. Residential uses, as set out in Subchapter 4.02, Residential Uses; and
    2. Nonresidential and Mixed Uses, as set out in Subchapter 4.03, Nonresidential and Mixed Uses.
  • Effective on: 1/1/1901

    Sec. 4.01.02 Refuse Collection Facilities for Nonresidential and Multi-Family Uses

  • General. Refuse collection containers, including dumpsters, trash compactors, and bale and pallet storage areas, are permitted if they do not impede access to an alley, or other public right-of-way, and meet the requirements of the refuse hauler.
  • Screening Required. Refuse collection containers will be:
    1. Screened on three sides by a CMU or wooden fence equal in height to the refuse container or stored materials, such as bales and pallets, that are awaiting pick-up; and
    2. Allowed to remain open on the collection side of the structure if the enclosure is not visible from a public right-of-way or a residential use or district.
  • Location. Refuse containers and trash compactors will, to the greatest extent practical, be located behind the front facade of a principal building. If a rear location is not practical, the enclosure may be located in a front yard, or street side yard, only if the enclose is screened on three sides with:
    1. The open side oriented to minimize visibility from rights-of-way; or
    2. Includes a latching gate to screen the opening.
  • Effective on: 2/7/2016

    Sec. 4.01.03 Solar Arrays

  • Exemption.  The use of a solar array as a principal use is exempt from the requirements of this Section.
  • Location and Mountings. Solar arrays are permitted in all districts as an accessory use, provided that one of the following mounts are used:
    1. Roof-mounted on principal and accessory buildings;
    2. Ground- or structure-mounted, subject to setbacks of the district in which it is located; and
    3. Mounted on carports and covered walkways and similar structures if:
      1. The solar panels are set back from the front property line as required for the principal building; and
      2. There is not less than eight feet of clearance under the carport or covered walkway.
  • Height Limitations and Setback Requirements. Solar arrays, and their condensers and energy storage units, may exceed the height limitation and setback requirements of the zoning district in which they are located in accordance with the limitations set out in Subchapter 3.04, Height and Area Exceptions.
  • Effective on: 1/1/1901

    Sec. 4.01.04 Retaining Walls

  • Permitted. Retaining walls are permitted in all districts when they are:
    1. Required for erosion control, slope stability, or in accordance with a stormwater management construction plan;
    2. An appropriate solution to mitigate risks to life and property from geologic or hydrologic hazards;
    3. Designed and sealed by a Texas Registered Professional Engineer when:
      1. The wall is four feet tall, or greater;
      2. The wall height exceeds its distance from any property line;
      3. Any wall is six feet tall, or greater, at its highest point, as measured from the top of the wall to the lowest adjacent ground level, excluding its foundation depth;
      4. A building foundation wall less than 12 feet in height, relative to the adjacent grade, is used as a retaining wall on a steep slope, arroyo, or similar formation, where sealed construction plans are submitted to the Building Official, in conjunction with the issuance of a building permit; and
      5. When required by the Building Code in conjunction with the issuance of any permit.
    4. Authorized by the issuance of a building permit for any retaining wall 30 inches or greater.
  • Design. Retaining walls shall blend into the natural or man-made setting of site features by using timbers or railroad ties, native rock or other masonry that conveys a scale and texture similar to native rock or other materials, except where precluded by engineering considerations.
  • Effective on: 1/1/1901

    Sec. 4.02.01 Fences and Walls

  • Applicability. The standards of this Section apply to all new development, redevelopment, and substantial improvement of property where an exterior fence is located along the periphery of a lot.
  • Height. No fence or wall shall exceed the following heights:
    1. Front setback and along driveways: 48 inches, provided it is not located in a clear sight area, as set out in Sec. 5.02.03, Streets and Driveways, Subsection J, Driveways and Access;
    2. Interior side yard (behind the front setback line): Six feet;
    3. Rear yard: Six Feet;
    4. Street side yard:
      1. 48 inches from the front property line to the front building setback line; and
      2. Six feet from the from front building setback to the rear property line.
    5. Exception: On an exterior side yard or rear yard that abuts a mixed use or nonresidential use or district, a fence height of eight feet is permitted.
  • Openness, Street, and Corner Visibility. Fences, landscaping, and other site improvements proposed near street corners or the right-of-way are subject to the clear sight area regulations set out in Sec. 5.02.03, Streets and Driveways, Subsection J, Driveways and Access.
  • Location Restrictions.
    1. Fences and walls shall not be built on, or across, a lot line, without written approval of the affected property owner; or on public property, including right-of-way, without the approval of the public entity. The removal of any such illegally installed fence or wall shall be at the expense of the party who constructed the fence.
    2. Fences and walls shall not obstruct the flow of water in natural drainage course, any designed drainage way, or any drainage easement, and shall not be installed in a manner that results in dam that diverts the natural flow of stormwater.
  • Effective on: 2/7/2016

    Sec. 4.02.02 Carports, Car Covers, and Porte-Cocheres

  • General. Carports, porte-cocheres, and breezeways are permitted as set out below.
  • Location. 
    1. Structures must be located in the building envelope in the R-1, R-2 or MH districts and not encroach upon, or extend, within two feet of a public sidewalk, easement, or right-of-way.
    2. A structure, whether detached or attached to the principal dwelling, may be extended into the front yard setback if it:
      1. Complies with the development setbacks for the district in which it is located;
      2. Does not extend into or over any easement or public rights-of-way; and
      3. Is non-habitable and meets all Building Codes.
  • Exceptions. Porte-cocheres may be located in vehicular use areas and in passenger loading areas for multi-family dwellings and mixed-use developments.
  • Drainage.  Structures cannot drain onto adjacent property or public street right-of-way.
  • Effective on: 1/1/1901

    Sec. 4.02.03 Accessory Dwelling Units

  • Purpose. This use is intended to provide a method to provide affordable housing by allowing accessory dwelling units in areas normally restricted to a single unit.
  • Generally. Accessory Dwelling Units (ADU) are permitted subject to:
    1. The applicant and property owner affirming that the property owner has authorized the proposed ADU;
    2. The ADU being only a single dwelling that is limited to two residents; and
    3.  A street address separate from the principal residence is obtained for enhanced 9-1-1 emergency response purposes.
  • Development Requirements. An ADU:
    1. May be attached to, or integrated within, the living area of the existing principal dwelling, or be a detached unit;
    2. May not be a portable structure, and must be permanently installed upon a permanent foundation;
    3. Shall have a separate entrance, kitchen, sleeping area, and full bathroom;
    4. Must comply with all building, fire, and life safety codes; and
    5. Shall not comprise an area that is more than 20 percent of living area of the existing residence.
  • Off-Street Parking. A minimum of two off-street parking spaces shall be provided for the principal use and two spaces for the ADU, as set out in Subchapter 7.01, Parking, Loading, and Access.
  • Utilities.
    1. Adequate utility services must be available and provided to each of the principal residence and the ADU; and
    2. Any utility provider reserves the right to require an individual utility meter or assess tap or service connection fees to establish service for an ADU.
  • Effective on: 1/1/1901

    Sec. 4.02.04 Accessory Buildings and Structures

  • Generally.
    1. Accessory buildings shall be limited to those customarily associated with, and subordinate to, the principal use;
    2. An accessory building may not be designed to allow a prohibited use; and
    3. No accessory building or structure may be constructed unless:
      1. It is located on the same lot or tract as the principal use;
      2. There is an existing principal building; or
      3. One being constructed simultaneously.
    4. Residential occupancy of an accessory building is prohibited; and
    5. Accessory buildings or structures that are structurally attached to a principal building shall conform to all requirements and codes governing the principal building.
  • Dimensional Requirements, Generally. In the R-1, R-2, and MH districts, unless otherwise noted in this Section, the following dimensional standards apply:
    1. The total area of all accessory structures, combined with the area of the principal building, shall not exceed lot coverage requirements of each zoning district.
    2. The maximum height of accessory structures shall not exceed 20 feet or the height of the principal structure, whichever is less.
    3. Detached accessory buildings, excluding carports, shall have a side yard of not less than five feet measured from any side lot line, right-of-way, or easement, subject to building code compliance.
  • Small Sheds.
    1. Location Generally. A shed that is 120 square feet or less in gross floor area and not more than 10 feet in height from the floor to the top of the roof peak may be located in a required side or rear yard if it is not located in a floodplain or in an easement; and does not alter, impede, or block the flow of storm water drainage.
    2. Proximity to a Side or Rear Lot Line. A shed is permitted to be located less than three feet from a side or rear lot line if all requirements of this section are satisfied; and there is not less than two feet from a lot line and a building wall or eve.
  • Effective on: 2/7/2016

    Sec. 4.02.05 Home Occupations

  • General. A home occupation is permitted if:
    1. The use will not generate more than normal household traffic and operate between 7 a.m. to 6 p.m.;
    2. Only machinery or equipment customary to a residence is used;
    3. No person who is a not a member of the residence is employed;
    4. Only products made at the home may be sold at the home, except via internet sales;
    5. The use is not conducted in an accessory building, outdoors, or require outdoor storage;
    6. No more than 20% of the home floor area may be devoted to the use;
    7. Signage is limited to one non-illuminated, one square foot sign; and
    8. The use will not adversely affect the use or enjoyment of surrounding residences.
  • Permitted Home Occupations. Following are representative examples of permitted home occupations:
    1. Dressmaker, seamstress, tailor, artist, author, composer, tutor;
    2. Art studio for home crafts;
    3. Professional office; or
    4. Repair of service of small appliances or computers.
  • Prohibited Home Occupations. The following activities are prohibited as home occupations:
    1. Gift shop; hair care, medical office or service;
    2. Equipment rental, large appliance repair, vehicular repair; and
    3. Food services, stable, kennel, animal clinic or hospital, or pet grooming. 
  • Inspection. The Village reserves the right to periodically inspect to ensure that home occupations comply with these regulations.
  • Business License. A Business License is required to legally establish a home occupation.
  • Effective on: 1/1/1901

    Sec. 4.03.01 Outdoor Display of Merchandise

  • Applicability.
    1. Accessory and seasonal outdoor display and sale of merchandise, where permitted in Sec. 2.02.04, Nonresidential Uses Zoning Matrix, is subject to the requirements of this Section.
    2. The standards of this Section apply to all new development, redevelopment, and substantial improvement of all nonresidential properties.
  • Outdoor Display.
    1. The outdoor display area involves items for sale by a business in a permanent structure, enclosure, or designated area on the same site from which the business is operated;
    2. A permanent outdoor display area that is attached to a principal building, as shown in Figure 4.03.01, Attached Outdoor Display Area, is permitted if the area is:
      1. Enclosed by a decorative fence or wall;
      2. Not larger than 25 percent of the gross floor area of the principal building; and
      3. Subject to the design requirements set out in Sec. 3.05.05, Nonresidential and Mixed Use Development.
    3. Temporary outdoor displays that are detached from the principal building may not exceed an area up to 15 percent of the gross floor area of the principal building if the area is:
      1. Contained within a clearly defined space, as depicted on an approved site plan; and
      2. Clearly demarcated in a temporary enclosure, as depicted on an approved site plan.
  • Storefront Displays and Sales. Merchandise may be temporarily displayed for sale on the sidewalk that immediately adjoin the storefront of a principal building if:
    1. There is a minimum width of four feet of clear access on the sidewalk to allow for pedestrian access and access for persons with disabilities;
    2. The display area extends no more than five feet from the building facade and includes no permanent anchoring of display items;
    3. Merchandise and display tables do not block, impede, or limit, access to, or from, any required building fire exit, fire lane, or create any other building or fire codes issues;
    4. Displays are limited to a height of five feet and shall be located a minimum of three feet store entrances, exits, and fire doors; and
    5. All merchandise, excluding temporary seasonal sales, shall be returned indoors in zoning districts where permanent outdoor sales are not permitted.
  • Other Outdoor Merchandise Displays. Other outdoor merchandise displays are permitted if they do not interfere with parking, vehicular use areas, or emergency access and only display merchandise outside of the public right-of-way.
  • Figure 4.03.01

    Attached Outdoor Display Area

    Effective on: 2/7/2016

    Sec. 4.03.02 Fences and Walls, Nonresidential and Mixed Use

  • Permit. See Sec. 4.02.01, Fences and Walls.
  • Applicability. The standards of this Section apply to all new development, redevelopment, and substantial improvement of property in Vinton.
  • Height. No fence or wall shall exceed the following heights, unless so required by another requirement of this UDC:
    1. Front and street side yards:
      1. In all other nonresidential districts: Not permitted in front yards; 48 inches in street side yards; except when additional fence height is required to comply with any requirements of this UDC, such as, but not limited to, the provision of required buffering, security fencing, or any other purpose expressly stated in this UDC.
      2. In the Business Park (M-1) and General Industrial (M-2) Districts: Six feet; provided it is not:
        1. In a clear sight area, as set out in Sec. 5.02.03, Streets and Driveways; or
        2. Within the area that is directly in front of the principal building.
    2. Side and rear yards:
      1. In the General Commercial (C-2), Business Park (M-1), and General Industrial (M-2) Districts: Eight feet; and
      2. In all other districts Six feet.
    3. Exceptions:
      1. Public Utilities: Eight feet.
      2. Other uses only when industry codes or mortgage requirements require additional height for public health or safety  or security reasons. A copy of such standards shall be submitted to the Village.
  • Openness, Orientation, Streets, and Corner Visibility. See Sec. 4.02.01, Fences and Walls.
  • Location Restrictions.
    1. Fences and walls shall not be built:
      1. On, or across, a lot line, without written approval of the affected property owner; or
      2. By a private party on public land without the approval of the public entity. The removal of any such fence or wall shall be at the expense of the party who constructed the fence.
    2. Fences and walls shall not obstruct the natural flow of water in a drainage course, designed drainage way, or drainage easement, and shall not be installed in a manner that dams or diverts the natural flow of stormwater, unless such improvements are approved by the Village.
  • Effective on: 1/1/1901

    Sec. 4.03.03 Accessory Buildings and Structures

  • Timing of Construction. No accessory building or structure will be constructed unless the principal building is constructed or is under construction simultaneously with the accessory building or structure.
  • Maximum Number of Accessory Buildings. There is no limit as to the number of accessory buildings that may be constructed on a lot, provided that the maximum impervious coverage ratio set out in Subchapter 3.03, Standards for Nonresidential Use Development is met.
  • Attached Accessory Buildings. Accessory buildings or structures structurally attached to a principal building will conform to all standards that are applicable to the principal building and all building, life safety, and fire code requirements.
  • Car Washes. Car washes are permitted as an accessory structures if they:
    1. Are in a building designed with a similar architectural style, materials, and roofing as the principal building; and
    2. Utilize a water recycling system that will recycle not less than 85 percent of the water being used by the facility.
  • Loading Docks.
    1. In all business districts, except the General Industrial (M-2) district, semi-tractor trailer loading, docks and service areas, will be:
      1. Located behind, or in the rear corner, of principal buildings; and
      2. Screened from right-of-way views by a building wall, fence, wing wall, landscaping, earthen berm, or a combination of those methods, or by another building.
    2. General Industrial (M-2) District: Semi-tractor trailer loading, docks, and service areas may be in front yards only if:
      a. The frontage does not face an arterial street or highway;
      b. The property on the opposite side of the street frontage is zoned either Business Park (M-1) or General Industrial (M-2); and
      1. All truck maneuvering is completed outside of the public right-of-way and does not interfere with site egress.
    3. Proximity to Residential Uses and Residential Zoning Districts. If a loading dock is proposed to be located between the principal building and any property used or zoned for residential development, the dock will be screened by a 100 percent opaque buffer, as set out in Sec. 7.02.06, Bufferyards; that:
      1. Has a 10 foot tall wing wall, measured from natural grade, not dock the dock well, with a Type B buffer yard,  as set out in Sec. 7.02.06, Bufferyards; along perimeter of the property between the dock and any protected use or district; or
      2. Has at least a six foot tall earthen berm and/or a masonry fence or wall, durable solid fence or wall and Type A buffer at the perimeter of the property between the dock and protected use/district to block the line of sight from a protected use or district to the dock.
  • Effective on: 2/7/2016

    Sec. 4.03.04 Outdoor Storage

  • General. Outdoor storage, where permitted by Sec. 2.02.04, Non-Residential Uses, is subject to the requirements of this Section.
    1. Materials shall be stored in a manner that does not provide habitat for pests and rodents;
    2. Storage shall comply with all environmental standards set out in Subchapter 6.03, General Environmental Standards; and
    3. The requirements of this Section apply only to those portions of a site where outdoor storage is conducted.
  • Applicability. The standards of this Section apply to all new development in the C-2, M-1, and M-2 districts.
  • Screening Required. The periphery of any outdoor storage area that faces or adjoins any residential district or use or any public right-of-way, shall be screened as set out below:
    1. The outdoor storage area shall be screened by a six foot tall wood fence, masonry wall, earthen berm, landscape hedge, or a combination of these treatments; and
    2. If a landscape hedge is used to provide required screening, the follow criteria apply:
      1. Landscaping must be year round, drought tolerant, and irrigated to ensure screening longevity;  
      2. Landscaping materials shall be selected from the plants set out in Sec. 7.02.03, Landscaping, General Requirements; and
      3. Landscaping shall be installed at appropriate intervals, as dictated by the plant species selected, to create a fully screened hedge. Plants shall provide an effective six foot screen at the time of planting.
    3. If the outdoor storage area has equipment or materials taller than six feet, such equipment shall be:
      1. Stored as far as is reasonably possible from property lines and public views to minimize visibility; and
      2. Screened by incorporating trees of appropriate species, depths, and spacing intervals into the landscape plan.
    4. Permitted uses in the General Commercial (C-2) district that commonly have outdoor sales, such as an automobile dealership, are subject to all of the above screening requirements where storage areas adjoin a residential use or district;
    5. Along a public right-of-way, landscaping shall be provided by the use of hedges or street trees; and
    6. The requirement of this Subsection apply to lay-away containers, bale and pallet storage, semi-trailers, and comparable equipment and materials.
  • Exemption. Properties in the M-2 district that adjoin or face other properties zoned M-2, or that have outdoor storage areas not visible from a public right-of-way, shall not be subject to the requirements of this Section. The requirements of this Section shall only be applicable for outdoor storage areas that fail to comply with the exemption criteria of this Subsection.
  • Effective on: 1/1/1901