Vinton City Zoning Code

Texas Water Code § 16.315 (Flood Control Insurance Act) delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.

Effective on: 1/1/1901

1. Impacts of Flood Hazards. The flood hazard areas of the Village of Vinton are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2. Losses Caused by Flooding. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities and by occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage.

Effective on: 1/1/1901

The purposes of the requirements of this Subchapter are to:

• Promote human life, public health, safety and general welfare;
• Minimize public and private losses due to flood conditions in specific areas;
• Minimize expenditure of public money for costly flood control projects;
• Minimize the need for rescue and relief efforts associated with flooding that are generally undertaken at the expense of the general public;
• Minimize prolonged business interruptions and damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges in floodplains;
• Maintain a stable tax base by providing for the sound use and development of flood prone areas and to avoid flood blighted areas; and
• Insure that potential buyers are aware when properties are in a flood area.

Effective on: 1/1/1901

In the interpretation and application of this Subchapter. all provisions shall be:

• Considered as minimum requirements;
• Liberally construed in favor of the governing body; and
• Deemed neither to limit nor repeal any other powers granted under State statutes.

Effective on: 1/1/1901

In order to accomplish the purposes of this Subchapter, the UDC uses the following methods:

1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including critical facilities, are protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the management of flood water;
4. Control filling, grading dredging and other development, which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers that would unnaturally divert flood waters or increase flood hazards to other lands.

Effective on: 1/1/1901

1. Applicability.  This Subchapter shall apply to all areas of special flood hazard with the jurisdiction of the Village of Vinton and the Vinton ETJ.
2. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Hazard Boundary Map (FHBM), Community Number 481557, dated June 24, 1980, and any revisions thereto are hereby adopted by reference and declared to be a part of this UDC.
3. Establishment of Development. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Subchapter.
4. Compliance.  No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Subchapter and other applicable regulations.
5. Abrogation and Greater Restrictions.  This Subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the UDC or any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restriction, shall prevail.
6. Warning and Disclaimer of Liability.
   1. The degree of flood protection required by this Subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations;
   2. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes;
   3. This Subchapter is not intended to imply that land outside the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damage; and
   4. This Subchapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Subchapter or any administrative decision lawfully made hereunder.

Effective on: 1/1/1901

1. Floodplain Development Permit Required. Properties subject to requirements of Subchapter 6.01, Flood Damage Prevention, and this Subchapter must obtain a Flood Prevention Permit prior to the commencement of any site alterations, including, but not limited to, fill or any development. 
2. Floodplain Administrator. Applications for a Floodplain Development Permit shall be submitted to the Floodplain Administrator. Applications must be filed and will be reviewed in accordance with the requirements set out in Sec. 9.03.04, Floodplain Development Permit. 

Effective on: 1/1/1901

1. Generally. This Subchapter sets out general and specific standards for flood hazard reduction.
2. General Standards for Flood Hazard Reduction.
   1. Generally. The requirements of this subsection apply to all new construction and substantial improvements in areas of special flood hazard.
   2. Resistance to Hydrodynamic and Hydrostatic Loads. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
   3. Construction to Minimize Flood Damage. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
   4. Flood-Damage Resistant Materials. All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
   5. Protection of Building Service Facilities. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and / or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   6. Protection of Water Supply Systems. All new and replacement water supply systems shall be designed to minimize, or eliminate, infiltration of flood waters into the system.
   7. Protection of Sanitary Sewer Systems. New and replacement sanitary sewage systems, including septic systems, shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
   8. Location of On-Site Waste Disposal Systems. On-lot sanitary sewage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   9. Limitations on Fill.
      1. No fill shall be placed within a special flood hazard area unless the effect of the fill on water storage and water quality is fully mitigated in one or more of the following ways:
         1. Excavation of a volume of soil comparable to the volume that was filled to bring the surface of the land to the base flood elevation. However, excavation is prohibited at depths that would be likely to:
            1. Increase the velocity of stormwater flows;
            2. Cause significant new erosion; or
            3. Expose groundwater to contamination by pollutants which may be present in stormwater runoff;
         2. A stormwater management system is provided in a manner and location that compensates for the removal of the filled area from the floodplain; or
         3. If the compensatory storage is provided in the floodplain, the combination of filling, compensatory storage, and detention is intended to lower the flood elevation by increasing channel capacity.
      2. If fill is placed, the applicant shall provide a Hydraulics and Hydrology Study, which shall verify full mitigation, or, alternatively, support a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA).

Effective on: 1/1/1901

1. Generally. The requirements of this subsection apply to all areas of special flood hazards where base flood elevation data has been provided as set forth in:
   1. Determination by the Floodplain Administrator;
   2. Sec. 6.02.04 Standards for Subdivisions, Subsection 3, Generation of Base Flood Elevation Data; and
   3. Section Sec. 6.01.06, Subsection B., Basis for Establishing the Areas of Special Flood Hazard.
2. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), duct work, exposed plumbing, and electrical components elevated at least one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied, as set out in Sec. 9.03.04, Floodplain Development Permit.
3. Nonresidential Construction.
   1. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either:
      1. Have the lowest floor (including basement) elevated at least one foot above the base flood elevation; or
      2. Together with attendant utility and sanitary facilities, be designed so that below an elevation that is two feet above the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. This option is only allowed if the Floodplain Administrator finds that the criteria for a floodplain variance that are set out in Sec. 9.05.04, Floodplain Development Variance, are met.
   2. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection.
   3. A record of such certification which includes, if applicable, the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
      1. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
         1. A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
         2. The bottom of all openings shall be no higher than one foot above grade; and
         3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      2. Manufactured Homes.
         1. Manufactured Homes in Zone A. All manufactured homes to be placed within special flood hazard area Zone A shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
         2. Manufactured Homes in Zones A1-30, AH, and AE. All manufactured homes that are placed or substantially improved within special flood hazard area Zones A1-30, AH, and AE, on sites:
            1. Outside of a manufactured home park or subdivision;
            2. In a new manufactured home park or subdivision; and
            3. In an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, shall be:
               1. Elevated on a permanent foundation such that the lowest structural member of the manufactured home is elevated at least one foot above the base flood elevation; and
               2. Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         3. Manufactured Homes in Zones A1-30, AH, and AE (Existing Manufactured Home Parks and Subdivisions). All manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE that are not subject to the provisions of subsection C.5.b., of this subsection be elevated so that either:
            1. The lowest structural member of the manufactured home is at least one foot above the base flood elevation; or
            2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are:
               1. No less than 36 inches in height above grade; and
               2. Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      3. Recreational Vehicles.
         1. Recreational vehicles that are placed on sites within Zones A1-30, AH, and AE shall:
            1. Be on the site for fewer than 180 consecutive days;
            2. Be fully licensed and ready for highway use, or
            3. Meet the permit requirements set out in Sec. 9.03.04, Floodplain Development Permit, and the elevation and anchoring requirements for "manufactured homes" in subsection C.5., of this Subsection.
         2. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Effective on: 1/1/1901

The following standards for subdivision proposals shall be applicable:

1. Generally. All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall be designed in light of the findings of fact contained in Section Sec. 6.01.01, Findings of Fact, and in a manner that is consistent with Section Sec. 6.01.03, Purpose, and Section Sec. 6.01.05, Methods of Reducing Flood Loss.
2. Permit Requirements. All proposals for the development of subdivisions (including the placement of manufactured home parks and subdivisions) shall meet Floodplain Development Permit requirements set out in Sec. 9.03.04, Floodplain Development Permit, and this Chapter.
3. Generation of Base Flood Elevation Data. Base flood elevation data shall be generated for subdivision proposals and other proposed development (including the placement of manufactured home parks and subdivisions) which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to Section Sec. 6.02.04, Specific Standards for Flood Hazard Reduction.
4. Adequate Drainage Required. All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall have adequate drainage to reduce exposure to flood hazards.
5. Arrangement of Development. The standards of Subchapter 3.02, Residential Standards, allow for the use of varied lot sizes and / or housing types in order to achieve the permitted density and protect the required amount of open space. In the application of these standards, parcels proposed for development shall be located outside of special flood hazard areas.
6. Modification of Open Space Ratio. Not less than 30 percent of the special flood hazard area of a parcel proposed for development shall be protected as common open space. This area is counted towards the open space ratio required by Section Subchapter 3.02, Residential Standards, then the larger open space ratio applies.
7. Elevated Primary Access Required. The primary access to the subdivision (the access that connects to the highest order street or that provides the most direct route to the largest number of lots in the subdivision, as determined by the Village Engineer) shall be elevated to or above the base flood elevation to allow for access by emergency vehicles.
8. Location of Public Utilities and Facilities. All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall have public utilities and facilities such as sewer, gas, electrical and water distribution systems located and constructed to minimize or eliminate flood damage.

Effective on: 1/1/1901

1. Standards for Areas of Shallow Flooding (AO/AH Zones).
   1. Generally. Located within the areas of special flood hazard established in Section Sec. 6.02.03, Specific Standards for Flood Hazard Reduction, are areas designated as areas of shallow flooding. These areas have special flood hazards associated with flood depths of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the provisions of this subsection shall apply.
   2. Elevation of New Construction and Substantial Improvements (Residential). All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated to the highest of the following:
      1. One foot above the depth number specified on the applicable FIRM;
      2. One foot above the highest adjacent grade; or
      3. One foot above the highest abutting curb elevation.
   3. Elevation of New Construction and Substantial Improvements (Nonresidential).
      1. All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated to the highest of the following:
         1. One foot above the depth number specified on the applicable FIRM;
         2. One foot above the highest adjacent grade; or
         3. One foot above the highest abutting curb elevation.
      2. In the alternative to elevating the building, the building may be floodproofed such that, together with attendant utility and sanitary facilities, it is designed so that below an elevation that is one foot above the depth number specified for the AO Zone, or below an elevation that is one foot above the base flood elevation in an AH Zone, the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. This option is allowed only if the Floodplain Administrator finds that the criteria for a floodplain variance that are set out in Sec. 9.05.04, Variances, Floodplain, are met.
   4. Certification Required. A registered professional engineer, architect (for floodproofing options only), or registered professional land surveyor (for building elevation options only) licensed in the State of Texas shall submit a sealed certification to the Floodplain Administrator attesting that the standards of this Subsection are satisfied. Upon submittal of such documentation, a floodplain development permit, as set out in Sec. 9.03.04, Floodplain Development Permit, may be issued.
   5. Drainage Paths. Within Zones AH and AO, adequate drainage paths around structures shall be provided on slopes, to guide flood waters around and away from proposed structures.
2. Floodways.
   1. Generally. Located within areas of special flood hazard, as set out in Sec. 6.02.03, Specific Standards for Flood Hazard Reduction, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the provisions of this subsection shall apply.
   2. Encroachments Prohibited. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
   3. Permitted Exceptions.
      1. If all requirements of Subchapter B., Floodways, are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sec. 6.02.02, General Provisions, and this Section; and
      2. Under the provisions of 44 CFR Chapter 1, § 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by 44 CFR Chapter 1 § 65.12.

Effective on: 1/1/1901

1. General.
   1. The use of land, buildings, and other structures shall be established and conducted to conform with the environmental performance standards of this Section; and
   2. These environmental performance standards establish certain nuisance factors, which if violated in the use of land, buildings, and other structures, would be detrimental to the use, enjoyment, and value of other land, buildings, and other structures, and detrimental to the public health, safety and general welfare of the Village.  
2. Applicability.
   1. All uses in all zoning districts shall conform to the minimum performance standards set out in this Section, except as set out in Item 2., below.
   2. Uses in lawful operation prior to the adoption of the UDC that exceed the limitations of this Subchapter may continue to operate as a lawful nonconforming use, but may not be expanded in a manner that increases the nonconformity.  
3. Compliance Required.
   1. Measurement. Determinations of any violation shall be made at property lines unless the performance standard specifies another location. 
   2. Cost of Determination. The cost to determine the existence of an alleged violation shall be borne by those parties responsible for the violation if a violation exists.  If no violation exists, the costs of the determination shall be paid by the Village.
   3. Violations. If a violation exists, the procedures and processes set out in Chapter 11, Enforcement and Remedies, are applicable.
4. Exemptions. Construction, excavation and grading associated with development where permits are issued, construction of streets and utilities; and agricultural activities, are exempt from this Subchapter.

Effective on: 1/1/1901

1. Applicability. Each activity to which this Section is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line, and constitute prima facie evidence that such noise is a public nuisance:
2. Nuisances and Distractions. At no location on any property line of any use in any district shall the sound pressure of any use, operation, or plant produce noise of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
3. Construction. Construction work and delivery on property in, or within 200 feet of a residential zoning district, excluding indoor work, is permitted between 7:00 a.m. to 7:00 p.m. on Monday through Saturday; and 9:00 a.m. to 7:00 p.m. on Sunday.
4. Exceptions. Exceptions are permitted in the cause of public health and safety or for a limited duration due to special circumstance. 

Effective on: 1/1/1901

1. Purpose and Intent.
   1. The purpose of these standards is to create criteria for outdoor lighting that provide for nighttime safety, security, and utility while reducing light pollution, light trespass, and conserving energy.
   2. It is the intent of these criteria to establish appropriate lighting levels, efficient lighting sources, full cut-off lighting, and to minimize lighting glare, pollution, and trespass.
2. General Standards. The following general standards regulate lighting on private property:
   1. No flashing light shall be permitted. Flickering or intense sources of light shall be controlled or shielded to not cause a nuisance across lot lines.
   2. Lighting shall be designed to function as a full cutoff luminaire, per the Illuminating Engineering Society of North America (IESNA). 
   3. Light sources or luminaries shall not be located in required bufferyards except along walkways.
   4. Luminaries shall be designed so that the light source, bulb or lamp, is completely shielded from direct view of an observer standing on the lot line of any residentially zoned property.
   5. The height of light standards in parking lot areas shall be limited to 25 feet when located within 100 feet of residentially zoned property, as measured from existing grade to the height of the luminaire; and 35 feet elsewhere. These requirement shall not be applicable to those exempted uses described in Subsection D below.
   6. Subject to Commission review and Council approval, taller lights may be approved for uses with special lighting needs or to address a public health or safety concern.
   7. Luminaries shall be designed or positioned so that the maximum illumination at property lines will not exceed one foot candle at property lines.
   8. Light shall be directed inward, downward, or horizontally to the site they illuminate and not toward a public right-of-way, adjoining property, or the sky.
   9. Lighting for canopies shall have luminaries designed so that the light source is recessed, flush-mounted, and shielded from direct view of an observer standing at the property line or right-of-way.
   10. Because of their unique requirements for nighttime visibility and their limited hours of operation, lighting for sporting events venues are exempt from the general standards of this Section, subject Council approval and the shielding of such lights from residential properties and the use of timers to limit their hours of use. 
   11. The illumination levels the IESNA Lighting Handbook, shall be used as a guide for providing adequate and safe illumination levels.
3. Method of Measurement.
   1. Illumination levels shall be measured in foot-candles with a meter sensor in a horizontal position at an approximate height of three feet above grade at property lines.
   2. The point at which readings shall be taken is dependent upon the fixture arrangements.
4. Exemptions. The following forms of lighting are exempt from the standards contained in this Section:
   1. Decorative seasonal lighting;
   2. Emergency and hazard warning lights used by police, fire fighters, or other emergency services;
   3. Lighting utilized for the purpose of illuminating official government flags;
   4. Solar arrays, whether as a primary or accessory use; and
   5. Lights installed in public street rights-of-ways and other public places for public health and safety.
5. Nonconforming Luminaries.
   1. Exterior lighting luminaries in existence on the effective date of this UDC are exempt from the standards of this Section and are considered legally nonconforming, and may be repaired and maintained.
   2. If a nonconforming luminaire is moved or damaged to an extent that total replacement is necessary, the luminaire, shall comply with these requirements.
6. Heat.
   1. The use of property shall not produce heat to create a hazard or affect the use of adjoining property. 
   2. Heat shall not interfere with the reasonable enjoyment of neighboring property or result in a nuisance or hazard.

Effective on: 1/1/1901

1. Dust.
   1. Dust and other particulates borne by the wind from storage areas, construction yards, and bulk materials storage areas shall be kept to a minimum by the use of landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.
   2. All uses shall operate to minimize the emission dust or particulate matter into the air which may adversely the public health or safety of persons or animals at or beyond the lot line of where it originates.
2. Fugitive Particulate Matter.
   1. No person shall cause or allow the emission or movement of fugitive particulate matter across a lot line onto an adjoining lot. This requirement shall not apply when the wind speed is greater than 25 miles per hour.
   2. The Village may require a Dust Control Plan to ensure compliance with this Section.

3. ​Smoke.

   1. ​All uses, unless otherwise covered by a specific visible emission limiting standard by the U.S. EPA, shall be operated to prevent the emission of smoke from any source with the following characteristics, which are incorporated into the UDC by reference:

      1. Density equal to or greater than that designated as Number 1 on the Ringlemann Chart; as published and used by the U.S. Bureau of Mines;

      2. Density equal to or greater than Method 9, as published in Chapter 17-2 F.A.C.; and

      3. Opacity of which is equal to or greater than 20 percent.  

   2. Emission measurements shall be made at the point of the emission.

   3. No operation or use shall create smoke or particulates that result in a nuisance or diminish the use of adjacent property.

4. Exemptions. Agricultural plowing and tilling, demolition activities, and earth moving activities necessary to the initial preparation of a site for new construction, including new streets, new subdivisions, commercial developments and public works related projects, are exempt from the fugitive particulate matter requirements:
5. Dust Control Plan Required. Any use that will be of a nature that will store stockpiled materials, dirt, sand, fill or like materials, or have unpaved storage, shall be required to submit a Dust Control Plan prior to site plan, building permit, or the issuance of a Certificate of Occupancy.

Effective on: 1/1/1901

Set out below are additional environmental ordinances of the Village. Each is incorporated by reference into the UDC.

1. Public Nuisances - Ordinance No. 040604
2. Toxic and Dangerous Chemicals - Ordinance No. 096-02
3. Water Conservation - Ordinance No. 2011-4-19-2
4. Drilling and Mining - Ordinance 2012-4-3-4

Effective on: 1/1/1901