This Article prescribes additional regulations to supplement the district-specific regulations and to reduce adverse effects upon adjacent properties and districts. Unless otherwise specifically indicated, the regulations in this Article apply in all districts.

See Article 5 for the requirement that each structure be located upon a building site meeting certain criteria.

(a)

Number. The number of non-building structures per building site is not generally restricted, but each one must be accessory to a lawful use of the building site.

(b)

Accessory Status. Any buildings in addition to the principal building on a building site must be accessory to the principal building and accessory to a lawful use of the principal building. But see, Tables 7A-1, 7B-1, 7C-1, 7D-1, Note 2.

(c)

Density Compliance. Any structure designed, constructed, adapted or maintained for a use or a density not specifically permitted by this ordinance is prohibited.

(Ord. No. 3066, § 5, 4-22-2024)

(a)

When Required. Each building site must have the transition features required by this section if it lies directly across the street from, or within 20 feet of, another building site restricted by this ordinance to a use less intensive than the actual use of the first building site. Intensities of uses are ranked in the following order, beginning with the least intensive use:

(1)

Single-family (detached) use;

(2)

Single-family (attached) use;

(3)

Other residential use;

(4)

Any other use.

(b)

Fence or Wall. If the building site lies within 20 feet of the less-intensive use, there must be an opaque fence or wall eight feet in height separating the more-intensive activities on the building site from the less-intensive use. The side of the fence or wall facing the less-intensive use must be finished.

Exception: In PDD-C1, the fence or wall must be at least six, but not more than seven, feet high.

(c)

Across-Street Requirement. If the building site lies directly across the street from the less intensive use, there must be the greatest practicable amount of pervious area within the ten feet of the building site closest to the less-intensive use.

(a)

Buildings, Entrances, Etc. If a building site with a non-residential use abuts both a residential street and a major thoroughfare, none of the following may face, or be located adjacent to, the residential street: (i) any building on the site, (ii) any primary entrance to a building, or (iii) any structure or device designed to provide goods or services. On such a building site, no sign, driveway or curb cut may be oriented toward, or connected to, a residential street. Exception: This does not apply to temporary driveway access authorized by a special city permit, if the permit is issued in connection with nearby construction or other temporary conditions. Such a permit may not have a term longer than two years, may not authorize destruction of any large tree (see Code of Ordinances) and must require restoration of the affected driveway area to its pre-existing condition.

(b)

Buildings in C District. If a building site with a non-residential use in the C District adjoins a building site in a residential district, none of the buildings on the non-residential building site, and no structure or device designed to provide goods or services, may face the adjoining building site.

(c)

Building Materials. The materials of each building with a non-residential use must be of equal grade and quality on all sides. No such building may have an exterior surface of mirrored glass.

(d)

Building Materials in TCC District. In the TCC District, all structures shall have exterior finishes that are consistent with those of the religious, governmental and educational facilities located in the town center area. Examples of acceptable finishes include brick, natural and cast stone, and store front glazing systems. Structural frames shall be constructed of steel or reinforced concrete.

(e)

Limitation on Outdoor Customer Service Areas. When a building site with a nonresidential use abuts a residential property, any outdoor seating, assembly or other area that is partially or entirely outside a building and intended for patronage by or service to customers of the non-residential use shall be located only in front of a line connecting the midpoints of the two opposite side property lines of the building site. Any such outdoor activity shall also comply with the city's noise regulations; see chapter 54 of the Code of Ordinances.

(Ord. No. 1750, 11-24-2003; Ord. No. 2005, § 1(Exh. A), 3-9-2015)

All loading docks and waste storage areas must be surrounded by special screens. Any gates or openings in the special screens must be kept securely closed when not in use. No part of a waste storage area may be located within ten feet of any adjoining building site used for residential purposes.

Article 10 also regulates parking, garages, driveways and loading areas.

Note: All outdoor lighting regulations have been moved to chapter 54, article IX, outdoor lighting regulations.

(Ord. No. 3004, § 1(Exh. A), 12-7-2020)

(a)

Spacing. Notwithstanding any other provision of this ordinance to the contrary, a "regulated establishment" (as defined in the sections of the Code of Ordinances relating to sexually oriented businesses) may not be located:

(1)

within 750 feet of any school, church, youth athletic facility or licensed day care center, within the City, which facilities are hereby found and determined to be inconsistent with the operation of a regulated establishment; or

(2)

within 250 feet of any other such regulated establishment for which there is a permit.

(b)

Measurement. Measurements for the foregoing distance regulations shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the building site where the regulated establishment is located to the nearest point on the property line of the building site occupied by the other facility or establishment.

(c)

Other Provisions. The provisions of this Ordinance and the provisions of the Code of Ordinances relating to sexually oriented businesses shall both be applied to regulated establishments, and said provisions of the Code are adopted, confirmed and made a part of this Ordinance by this reference.

Any facilities or structures required to comply with this ordinance or with any variance or special exception must be maintained in good working order.

(a)

Special Exceptions. The ZBA may issue a special exception to change the front street line of a building site from one street to another, if it finds that the change will not unduly alter the character of the immediate neighborhood and will not unreasonably interfere with sight lines or other safety factors.

(b)

Minimum Street Side Yard. In connection with any such special exception, the ZBA shall prescribe a special width for the street side yard, which shall control over the general yard width requirement. The minimum width the ZBA may prescribe is determined by the width of the building site measured along the new front street line (formerly the side street line), as follows:

Other ordinances also apply to structures and activities regulated by this ordinance. See, for example, Chapters 6, 10, 18, 26, 62, 70 and 74 of the City's Code of Ordinances.

(a)

Purposes. The purposes of this section are: (i) to recognize that federal or state laws (or constitutions) can amend or take precedence over this Ordinance, (ii) to establish an efficient method to respond to claims that such a law has amended or taken precedence over this Ordinance, (iii) to allow claimants to get an official ruling on such claims before there is a violation of this Ordinance, and (iv) to encourage interpretations and rulings that would harmonize this Ordinance with all federal and state laws, whenever practicable. Requests for the City to make an accommodation or other legally required exception are included in this category of claims.

(b)

Notice. A person with such a claim may notify the Administrative official. To be effective, a notice must: (i) identify the law upon which the claim is based as well as the part of this Ordinance claimed to be amended or otherwise affected, (ii) identify the specific premises and activities proposed, (iii) include identification data for the persons who would carry on the activities, if identity is relevant under the law upon which the claim is based, and (iv) be signed, verified by affidavit and delivered to the Administrative official. The Administrative official may promulgate a standard form and may require supplemental information.

(c)

Endorsement. When an effective notice is delivered, the Administrative official shall examine it and attempt to confirm the information provided. The administrative official may request the assistance of other City officials and, if appropriate, law enforcement agencies. If the Administrative official determines: (i) that a notice is true and complete, (ii) that the law mentioned in the notice clearly supports the claim made and (iii) that there is no discretion about the application of the law and its effect on this Ordinance, the Administrative official shall endorse the notice to indicate the extent that part of this ordinance has been amended or otherwise altered, for the specific premises and activities mentioned in the notice. In order to make such determinations, the Administrative official may impose reasonable conditions or explanations of the endorsement.

(d)

Appeals, Etc. A claimant who does not receive a full, unconditional endorsement of the claimant's notice within 21 days following delivery to the Administrative official may appeal to the ZBA for such endorsement at any time. Unless a greater vote is required by state law, the ZBA, by simple majority, may issue any non-discretionary endorsement. If there is discretion involved, no endorsement may be issued, but the ZBA may issue a variance or special exception as provided below. For any appeal filed later than the 180th day following the date the notice was originally delivered, the ZBA may require a showing of good cause for the delay and a showing that circumstances have not materially changed.

(e)

Special Exceptions, Etc. In addition to an appeal, or in lieu of an appeal, the claimant may request a variance or special exception (note that the owner of the site must join in the request). If the ZBA makes special findings that the notice filed with the Administrative official was true and complete and that the law relied upon clearly or probably supports the claim, the ZBA may issue a special exception to cover the premises and activities claimed. Either the Administrative official or the ZBA may refer a claim to the Z&PC or the City Council if it appears that a response to the claim would require an amendment to this Ordinance.

(f)

Confidentiality. A claimant may request that information provided to the City under this section be held confidentially by taking these steps: (i) marking the information clearly and providing a second copy of each affected document from which the marked information has been obliterated, and (ii) providing an explanation of why the information should be kept confidential. The City shall not release any information claimed to be confidential unless required to do so by Chapter 552, Texas Government Code or other controlling law. For good cause shown, the ZBA may provide for confidentiality in its proceedings, also subject to Chapter 552, Texas Government Code.

(g)

Effect of Endorsed Notice. In any proceeding to enforce some specific part of this Ordinance, it is an affirmative defense that: (i) the alleged violation falls within the scope of the premises and activities (and the specific part of this Ordinance) mentioned in a notice filed under this section, and is carried on by the persons identified in the notice, if identity is relevant; (ii) the notice was endorsed as contemplated by this section before the violation occurred; and (iii) any conditions imposed by the endorsement were fully complied with.

The ZBA may issue a special exception to authorize a non-complying activity, structure or site for a complying utility or service use, in any district, if the ZBA finds that: (i) the proposal is both necessary and reasonable, (ii) it will not unduly alter the character of the immediate neighborhood and (iii) it will not unreasonably interfere with sight lines or other safety factors. An affirmative defense may also apply to City-controlled conditions or activities under Article 6. The PWSF Schedule, not this section, applies to PWSF Uses.

The Administrative official is authorized to make arrangements with other municipalities for cooperation in administration, enforcement and exchange of information, both routinely and in cases of zoning amendments and discretionary approvals.

(a)

Purpose and policy. The purpose of this section is to provide for persons with disabilities who wish to share residential living arrangements in a family-type environment. This section shall be administered to carry out this purpose. Nothing in this section shall be construed as attempting to regulate the right of persons with disabilities to purchase single-family residences or to affect the right of individuals to care for family members who are disabled. Nothing in this section shall be applied to "community homes" contrary to Chapter 123 of the Texas Human Resources Code.

(b)

Approvals. Subject to compliance with this section:

(1)

the Administrative official may grant approval, in the form of a permit, for a family-type home for three or four persons with disabilities, plus one caregiver;

(2)

the ZBA may grant approval, in the form of a special exception, for a family-type home for five or more persons with disabilities plus one or more caregivers, all of which shall be prescribed and limited by the special exception.

(c)

Minimum standards. Each home must meet the following standards:

(1)

Only residential use is allowed.

(2)

The home must be inspected by the Administrative official and found to be in compliance with the appropriate portions of the "Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions," or its most current amendment as established by Texas Department of Health, Bureau of Long Term Care, or the "Minimum Licensing Standards for Personal Care Facilities" as established and amended under Texas Health & Safety Code, Section 247.001 et seq. If the facility is licensed by the State, the Administrative official may waive the inspection.

(3)

The home must be inspected by the Administrative official and found to be in compliance with applicable fire, housing and building codes of the city.

(4)

The home may not be located closer than 600 feet to a pre-existing family home or a community home. The measurement is made in a straight line from property line to property line.

(5)

The holder of the permit or special exception, and at least one designated caregiver living in the home, must affirm in writing that they will be in charge of and responsible for the operation of the home including compliance with applicable regulations.

(6)

The permit or special exception must be prominently displayed at all times at the facility.

(7)

A permit, but not a special exception, must incorporate a site plan submitted by the applicant which clearly shows compliance with the following criteria: (i) at least 100 square feet of floor space for each single-occupancy bedroom, (ii) at least 120 square feet in each double-occupancy bedroom, (iii) no more than two persons per bedroom, and (iv) a separate bedroom or other appropriate, designated area for the designated caregiver.

(d)

Other provisions. Permits and special exceptions are also subject to these additional provisions:

(1)

There is no permit or application fee.

(2)

A permit has a term of one year. A special exception has a term of three years. Neither is transferable.

(3)

Permits and special exceptions expire automatically if the authorized use is discontinued for 180 days or longer, or if the facility is used for conventional single-family use or other use.