This ordinance shall be known and may be cited as "The City of Taylor Lake Village Zoning Ordinance."

The zoning regulations and districts herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety and general welfare of the City of Taylor Lake Village, Texas, and its inhabitants. Such regulations and districts have been designated to lessen congestion on the streets; to secure safety from fire, panic and other dangers; to facilitate adequate provisions of transportation, particularly in times of natural disaster when timely evacuation is critical for the protection of life; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate adequate provisions of water, sewage, schools, parks, and other public requirements. They have been made with reasonable consideration of the character of the districts and their suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Taylor Lake Village.

For the purposes of this ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number and the plural number shall include the singular number. The word "building" shall include the meaning of the word "structure"; the word "lot" shall include the meaning of the word "plot"; and the term "used for" shall include the meaning of the terms "designed for" or "intended for." The word "shall" is mandatory, not directive. Such words and terms are as follows:

Accessory building or use. A subordinate building or use customarily incident to and located on the same lot occupied by the main building or use.

Attached garage. A garage which is connected to the residence such that one can walk from the living area of the residence to the garage area without passing through an unenclosed space.

Automobile shelter. A garage or carport.

Boathouse. An accessory building, constructed over tidal water, for the storage, support, enclosure, shelter or protection of boats owned by the occupant of the premises, and not kept for remuneration, hire or sale, and not suitable for human habitation.

Building. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building area. The maximum portion of a lot over which a main building and permitted accessory buildings may be constructed.

Building, height of. The vertical distance from the top of the concrete slab foundation on which the building is constructed, to the highest point of the building, excluding chimneys or roof vents. If a concrete slab foundation is not used, the lowest level of air conditioned space within the structure will be used as the baseline point of measurement.

Building line. A line that runs parallel to the street line, and is set at the closest point to the street line that a building may be placed. In the case of non-orthogonal lots, the building line may be perpendicular to either of the side lot lines or parallel to the rear lot line.

Carport. A roofed structure or portion of a building which is open on one or more sides and suitable for parking one or more vehicles.

Corner lot. A lot situated at the intersection or the abutment of two (2) or more streets.

Curb line. The location of the outermost edge of the paved portion of a street.

Dwelling. Any building or portion thereof which is designed for or used for residential purposes.

Dwelling, single-family. A detached main building designed for and occupied exclusively by only one family, but shall not include any form of temporary home, or temporary or permanent mobile home, trailer or other vehicle, whether on wheels or not.

Family. One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding two, living together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a family.

Frontage, block. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Garage. An automobile shelter incidental to a residential use with an operable door, plus three sides for parking one or more motor vehicles.

Glare. Emitted light which exceeds 60 foot-candles.

Lot. A parcel of land occupied or intended for occupancy by use permitted in this ordinance, including one main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principle frontage upon a public street or upon an officially approved private street.

Lot axis. A line joining the midpoints of the front and rear property lines.

Lot, depth of. The horizontal length of a straight line connecting the midpoints of the front and rear lot lines.

Lot line. The lines which constitute the property boundaries of an individual lot.

Lot line, front. The lot line adjacent to the street for lots that abut only one street. For lots that abut more than one street, the lot line adjacent to the street used in the address of the lot shall be designated as the front lot line.

Lot line, rear. The lot line that is on the opposite side of the lot from the front lot line.

Lot line, side. The lot lines which run between the front lot line and the rear lot line.

Lot, waterfront. A lot which is contiguous to tidal waters.

Lot width. If the side property lines are parallel, the shortest distance between the side lot lines. If the side property lines are not parallel, the lesser distance between the side lot lines, measured at right angles to the lot axis at the point of intersection with the building line and at the point of intersection with the rear setback line.

Nonconforming use, building, lot or yard. A use, building, lot or yard existing legally at the time of adoption of these regulations [November 3, 1993], or at the time of any amendment hereto, which, by reason of design or use, does not conform with the regulations, original or amendatory, of the district in which it is situated.

Parking space, off-street. An area of not less than 180 square feet measuring approximately nine feet by 20 feet not on a public street or way, surfaced with an all-weather surface. A public street shall not be classified as off-street parking in computing the parking requirements for any use, nor shall head-in parking adjacent to a public street if dependent upon such street for maneuvering space.

Permeable surface. A paved surface that has been demonstrated through hydraulic calculations, performed by a registered engineer, to result in a runoff ratio no greater than the natural surface of the property for each of the 30-minute to 24-hour, two-year rainfall events defined by the Rainfall Frequency Atlas of the United States (National Weather Service Publication TP40).

Rear setback line. A line that runs parallel to the rear property line, at a distance from the rear property line equal to the depth of the required rear yard.

Removable paving. Individual man-made bricks or natural rock stones that are used to construct a flat hard surface such as a swimming pool deck, sidewalk,, or driveway, but which can be removed, if required, by an individual using only hand tools. Removal paving does not include paving that is supported by a concrete base, or that utilizes a sand/cement mixture as a base material.

Retaining wall. A wall that is open on one side, with soil or water on the other.

Screening device. A barrier of stone, brick, brick columns with wood shadowbox, or block, or other permanent material of equal character, density and design, at least eight feet in height above the finished grade, but not including any wood other than cedar or redwood.

Servants' quarters. An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

Shipping container/storage container. A portable compartment for the carriage of cargo in bulk or package form that has one or more of the following characteristics: (a) is of a permanent character and, accordingly, strong enough for repeated use, (b) is specially designed to facilitate transport by one or more modes of transport, without intermediate reloading, (c) is fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another, (d) is so designed to be filled and emptied, or (e) any enclosure, device, box, container, or anything similar in nature or use to any or all of the above. The term "shipping container" or "storage container" shall include all types of containers involved in maritime, railroad, and/or trucking industries, including, but not limited to those identified as flat racks, ventilated, half-height, tank, reefers, open-top, canvas-top, high cube, bulk, and similarly named containers.

Side street. A street that abuts a side lot line.

Sign. Any structure, part thereof, or device or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee or similar appendage, or permanently affixed to the glass on the outside of a window or door, as to be seen from the outside of the building, or structure, and which displays or includes any numeral, letter, work, model, banner, emblem, insignia, symbol, device, monogram, heraldry, trademark, light or other representation used as, or in the nature of an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, corporation, association, place, commodity, product, service, business, profession, enterprise, industry, activity, or any combination thereof. Where the word "sign" is used herein without further modification, the same shall be understood to embrace all regulated signs and replicas.

Story. That portion of a building, included between the surface of one floor and the surface of the floor next above or, if there be no floor above it, then the space between the floor and the ceiling next above.

Story, half. A partial story under a gable, hip or gambrel roof, the wall places of which on at least two opposite exterior walls are not more than four feet above the floor of such story.

Street, arterial. A public thoroughfare which affords the principle means of access to abutting property, the right-of-way of which is at least 100 feet or greater in width.

Street. A public or private thoroughfare which affords the principle means of access to abutting property, the right-of-way of which is 60 feet or wider in width.

Street line. The right-of-way line of a street.

Structure. Anything constructed or erected which requires permanent location on the ground or is attached to something having a permanent location on the ground including, but not limited to, signs, billboards, poster panels, flatwork, decks, driveways, and concrete.

Structural alterations. Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Tidal waters. Shall include all waters bordering on or within the city boundaries subject to fluctuations in depth from storm, peak-lunar or normal tidal action and shall include, but not be limited to, all brackish and salt waters of streams, ponds, creeks, estuaries, bays, sounds, inlets and the ocean, and may include certain fresh waters.

Transient rental. The rental or lease of any structure or property, or any part of any structure or property, for occupancy by a person or persons for a period of less than 30 days.

Waterfront accessory structures. Accessory structures that are located over tidal water, including, but not limited to, boathouses, piers, pilings, docks, floating docks, lifts, ramps, [and] storage racks.

Waterfront line. The elevation and location of the waterline of tidal waters at mean high tide in normal tidal action.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building or any accessory building shall be used. Permitted exceptions for front, rear, and side yard include sidewalks and driveways.

Yard, front. A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projections of the usual uncovered steps. On all lots the rear yard shall be in the rear of the front yard.

Yard, rear. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the main building or any projection thereof other than the usual uncovered steps.

Yard, side. A yard between the main building and the adjacent side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between an adjacent side lot line and the side of the main building or any projections thereof.

Yard, waterfront. A yard extending across that portion of a lot that abuts the waterfront line, between the lot lines that are perpendicular to such waterfront line, and being the minimum horizontal distance between the waterfront line and the main building or any projection thereof other than the usual uncovered steps.

(Ord. No. 07-543, §§ 1.A, 1.B, 10-22-07; Ord. No. 08-566, § 1.A, 12-17-08; Ord. No. 09-573, § 1.A, 7-1-09; Ord. No. 10-600, § 1, 8-4-2010)

For the purposes of this ordinance, the City of Taylor Lake Village is hereby divided into four districts, as follows:

District R-1 single-family residential district;

District R-2 single-family residential district, waterfront;

District R-3 detached single-family high density residential district, waterfront; and

District C-1 general business district.

The location and the boundaries of the districts described above are shown on the map that is attached hereto and made a part of this ordinance, which map is designated as the "zoning district map." Said map and all notations, references and other information shown thereon and all amendments thereto are made a part of this ordinance as if fully set forth and described herein. Said map shall be identified and verified on its face in the following manner: It shall bear the title "Zoning District Map - Taylor Lake Village, Texas"; it shall bear even date with the date of passage with this ordinance and shall reflect the name of the mayor of the city and shall be attested by the signature of the city secretary. The original of such map shall be kept and maintained in the office of the city secretary of the municipal offices of the City of Taylor Lake Village.

(Ord. No. 15-654, § 2, 10-7-15)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as approximately following the shorelines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such shorelines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be thus construed. Distances not specifically shown on the official zoning map shall be determined by the scale of the map.

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (4) of this section, the board of adjustment shall interpret the district boundaries.

(7)

Whenever any street or alley is vacated by official action of the city council, the district adjoining each side of said street or alley shall be automatically extended to the property thus abated and all area included in the vacation shall then and henceforth be subject to all regulations of the extended district or districts.

Except as hereinafter specifically provided:

(1)

No land shall be used except for a purpose permitted in the district in which it is located.

(2)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

(3)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

(4)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

(5)

No building shall be erected or structurally altered to the extent specifically provided for herein except in conformity with the off-street parking and loading regulations of the district in which such building is located.

(6)

The minimum yards, parking spaces and open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of passage of this ordinance [November 3, 1993] or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this ordinance for the district in which such lot is located.

(7)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and, except as hereinafter provided, there shall not be more than one main building on one lot.

(a)

Use regulations. The building or premises in the R-1 district shall be used only for the following purposes:

(1)

Single-family dwellings.

(2)

Churches or other places of worship.

(3)

Parks, playgrounds, community buildings and other public recreational facilities owned or operated by the City of Taylor Lake Village or by another public body.

(4)

Public buildings, including municipal buildings, libraries, museums, police and fire stations.

(5)

Public schools.

(6)

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.

(7)

Real estate offices during the development of residential subdivisions, but not to exceed two years.

(8)

Civic association, nonprofit recreational uses incidental to and an amenity of a single-family residential development.

(9)

Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith and not involving the conduct of a retail business; provided, however, that any such accessory building shall be of the same design and construction as the applicable primary structure.

a.

A billboard, signboard or advertising sign shall not be permitted as an accessory use, except as follows:

1.

An unilluminated for sale or for rent sign not more than six square feet in area and advertising the property on which the same is erected; provided, however, [that] the same shall be at least ten feet from the nearest street line.

2.

An unilluminated open sign not more than six square feet in area and relating to the property on which the same is erected, provided such sign is at least ten feet from the nearest street line and the building to which such sign pertains is actually open for inspection to the public during the time the open sign is displayed.

3.

An unilluminated sign advertising contractors or architects performing work on the property on which the sign is erected; provided, however, [that] such sign shall not be more than six square feet in area, shall be at least ten feet from the nearest street line, and shall be removed immediately upon completion of the building.

4.

Unilluminated signs showing names, activities and services provided at religious institutions; provided, however, [that] such signs shall not exceed six square feet in area unless located on the property to which they relate, and shall not be located within public rights-of-way. Signs denoting or advertising religious institutions located on the property to which they relate shall comply with subsection 30(g) herein.

b.

Notwithstanding subsection (a) above, any lawful non-residential property abutting Kirby Boulevard may have one on-premise sign not exceeding 80 square feet, eight feet width, and ten feet height (including base) above finished grade that is located more than ten feet but less than 40 feet from Kirby Boulevard curb. The sign may be illuminated with a changeable LED display, provided that the display does not exceed 25 percent of the sign face, and the display holds any image for at least ten seconds. The sign shall be located equal distance from the side lot lines. Any LED display must include an automatic dimming feature and shall be deactivated between 12:00 a.m. and 5:00 a.m.

c.

To qualify as accessory structures or uses, unlighted outdoor tennis courts shall be set back at least 25 feet from the nearest lot line; lighted outdoor tennis courts shall be set back at least 50 feet from the nearest lot line; provided, however, no tennis court shall be permitted in any front yard.

d.

To qualify as permitted accessory structures or uses, swimming pools, including any attached decks or waterfalls, shall not be placed in any front yard and shall be set back at least ten feet from the nearest lot line. Pool equipment shall not be placed closer than five feet from a side lot line, or ten feet from a rear lot line.

(10)

A transient rental is prohibited.

(11)

Conditional uses. The following uses may be permitted, if found to be in conformance with this section and the comprehensive plan, along Kirby Road, subject to review by the zoning commission and city council, and conformance with district R-1 or R-2 regulations, according to the use district applied to the property:

a.

Administrative and professional offices,

b.

Small scale personal or home services,

c.

Or other such uses as approved by city council.

Related retail sales may be included in the use provided they do not take up more than ten percent of the floor area devoted to the principle use.

All uses shall be small in scale and low in intensity of visitation by non-employees.

(b)

Building and structure height regulations. No building in the R-1 district shall contain more than two stories. The maximum building height shall be 42 feet. The highest point of the building, excluding chimneys and roof vents, shall not exceed 60 feet above mean sea level. Chimneys and roof vents shall not extend more than four feet above the highest point of the roof. No accessory building or structure shall exceed the height of the main building on the lot upon which such accessory building or structure is located.

(c)

Lot dimension regulations for the R-1 district.

(1)

Required dimensions for the front, rear, and side yards.

a.

The minimum required front, side, and rear yards shall be provided.

b.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

c.

Side yard. There shall be two side yards on each lot, neither of which said side yard shall be less than ten feet in width; provided, however, a side yard adjacent to a side street shall have a width of not less than 25 feet. Provided, further, where a garage opening faces a side street, the building line for such garage shall be a minimum of 30 feet from the side lot line adjacent to the side street. Notwithstanding the foregoing, any main building or accessory structure lawfully existing on the effective date of this ordinance may be enlarged within a required side yard so long as such enlargement is not constructed any closer to the side lot line than the existing main building or accessory structure being enlarged.

1.

Mechanical and pool equipment may be placed in a side yard, provided the equipment is not closer than five feet from the side lot line.

2.

Building eaves may overhang the required side yard, provided the overhang is not more than three feet and the eaves are not closer than seven feet from the side lot line.

3.

Building eaves may overhang the required front and/or rear yard, provided the overhang is not more than three feet.

d.

Rear yard. There shall be a rear yard having a depth of not less than 15 feet, subject to the following exceptions:

1.

When adjacent lots are configured such that the rear yard of a lot abuts the side yard of an adjacent lot, then the required rear yard depth shall be reduced to equal the width of a required side yard.

2.

Any main building or accessory structure lawfully existing on the effective date of this ordinance may be enlarged within a required rear yard so long as such enlargement is not constructed any closer to the rear lot line than the existing main building or accessory structure being enlarged.

3.

Where lots have double frontage running through from one street to another, the required rear yard adjacent to the street shall have a depth of not less than 25 feet.

e.

Yard abutting arterial street. Any yard abutting an arterial street shall have a depth, if a front or rear yard, or width, if a side yard, of at least 25 feet.

f.

Exceptions.

1.

A main building or an accessory structure that is rebuilt on a nonconforming lot must comply with at least one of the following criteria:

i.

The rebuilt structure may be placed as close to the side lot line as the original structure, provided neither the height or square footage of the rebuilt structure exceed 110 percent of the height or square footage of the original structure; or

ii.

The rebuilt structure shall be set back from the side lot lines a distance that is at least ten percent of the width of the lot as measured at the 25-foot building line.

2.

A main building or an accessory structure that is rebuilt on a nonconforming corner lot of less than the required lot width may be placed as close to the abutting streets as allowed by the original building line.

(2)

Required size and dimensions for lots.

a.

Lot area. No lot shall be created which contains less than 12,000 square feet; provided, however, no corner lot shall be created which contains less than 14,000 square feet. No building shall be constructed or erected on any lot having less square footage than provided herein.

b.

Lot width. No lot shall be created having a width of less than 90 feet at the front street building line nor shall its average width be less than 90 feet; provided, however, no corner lot shall be created having a width of less than 100 feet at the front street building line nor shall the average width of such corner lot be less than 100 feet.

c.

Lot depth. No lot shall be created having a lot depth of less than 100 feet.

d.

Exceptions. Where a lot having less area, width or depth than herein required existed in separate ownership prior to the effective date hereof or prior to the effective date of any applicable amendment hereto, the above regulations relating to the size of lot shall not prohibit the construction or erection of a single-family dwelling thereon. Provided further, a lot created through the subdivision of fee strips, as provided in section 3.25 of Ordinance No. 84-226, as amended, may have less area, width, or depth than herein required when any such lot abuts an existing lot which, either standing alone or when combined with such new lot, would meet the area, width or depth required herein.

(3)

Maximum area (footprint) restrictions for buildings and other non-permeable surfaces. Not more than 50 percent of the lot area shall be covered by buildings, driveways, sidewalks, patios, pool decks, or other surfaces that are not permeable. For the purposes of this subsection, the water surface area of outdoor swimming pools shall be considered a permeable surface.

(4)

Fencing.

a.

Hurricane, chain-link and other similar wire-type fencing is prohibited;

b.

Fence height shall not exceed eight feet; and

c.

On corner lots, fencing of the rear yard adjacent to a side street may be placed no closer to the lot line than the required 25-foot side yard setback, but shall not extend towards the front of the lot past the rearmost corner of the primary structure closest to the side street.

(Ord. No. 08-566, § 1.B, 12-17-08; Ord. No. 09-573, § 1.B, 7-1-09; Ord. No. 10-600, § 2, 8-4-10; Ord. No. 13-636, § 2, 11-6-13; Ord. No. 23-733, § 2, 6-21-23)

Editor's note— Ord. No. 13-636, § 2, adopted Nov. 6, 2013, set out provisions adding subsection 27(a)(10). To maintain the existing subsection 27(a)(10) as previously added by Ord. 10-600, adopted Aug. 4, 2010, and at the editor's discretion, said provisions have been included herein as subsection 27(a)(11).

(a)

Use regulations. The building or premises in the R-2 district shall be used only for the following purposes:

(1)

Single-family dwelling;

(2)

Churches or other places of worship;

(3)

Parks, playgrounds, community buildings, and other public recreational facilities owned or operated by the City of Taylor Lake Village or by another public body;

(4)

Public buildings, including municipal buildings, libraries, museums, police and fire stations;

(5)

Public schools;

(6)

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;

(7)

Real estate offices during the development of residential subdivisions, but not to exceed two years;

(8)

Civic association, nonprofit recreational uses incidental to and an amenity of a single-family residential development;

(9)

Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith and not involving the conduct of a retail business; provided, however, that any accessory building shall be of the same design and construction as the applicable primary structure:

a.

A billboard, signboard or advertising sign shall not be permitted as an accessory use, except as follows:

1.

An unilluminated for sale or for rent sign not more than six square feet in area and advertising the property on which the same is erected; provided, however, [that] the same shall be at least ten feet from the nearest street line.

2.

An unilluminated open sign not more than six square feet in area and relating to the property on which the same is erected, provided such sign is at least ten feet from the nearest street line and the building to which such sign pertains is actually open for inspection to the public during the time the open sign is displayed.

3.

An unilluminated sign advertising contractors or architects performing work on the property on which the sign is erected; provided, however, [that] such sign shall not be more than six square feet in area, shall be at least ten feet from the nearest street line, and shall be removed immediately upon completion of the building.

4.

Unilluminated signs showing names, activities and services provided at religious institutions; provided, however, [that] such signs shall not exceed six square feet in area unless located on the property to which they relate, and shall not be located within public rights-of-way. Signs denoting or advertising religious institutions located on the property to which they relate shall comply with subsection 30(g) herein.

b.

To qualify as accessory structures or uses, unlighted outdoor tennis courts shall be set back at least 25 feet from the nearest lot line; lighted outdoor tennis courts shall be set back at least 50 feet from the nearest lot line; provided, however, no tennis court shall be permitted in any front yard.

c.

To qualify as permitted accessory structures or uses, swimming pools, including any attached decks or waterfalls, shall not be placed in any front yard and shall be set back at least ten feet from the nearest lot line. Pool equipment shall not be placed closer than five feet from a side lot line or ten feet from a rear lot line.

(10)

A transient rental is prohibited.

(b)

Building and structure height regulations. No building constructed or designed for single-family residential use in the R-2 district shall contain more than two and one-half stories; provided, however, a bottom story that contains no habitable floor area, as defined in the city's flood damage prevention ordinance, shall not be considered as a story for the purposes of this subsection. The maximum building height shall be 42 feet. The highest point of the building, excluding chimneys and roof vents, shall not exceed 60 feet above mean sea level. Chimneys and roof vents shall not extend more than four feet above the highest point of the roof. No accessory building or structure shall exceed the height of the main building on the lot upon which such accessory building or structure is located.

(c)

Lot dimension regulations in the R-2 district.

(1)

Required dimensions for the front, rear, and side yards.

a.

The minimum required front, side, and rear yards shall be provided.

b.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

c.

Side yard. There shall be two side yards on each lot, neither of which said side yard shall be less than ten feet in width; provided, however, a side yard adjacent to a side street shall have a width of not less than 25 feet, and a side yard adjacent to the waterfront shall have a width of not less than 50 feet. Provided further, where a garage opening faces a side street, the building line for such garage shall be a minimum of 30 feet from the side lot line adjacent to the side street. Notwithstanding the foregoing, any main building or accessory structure lawfully existing on the effective date of this ordinance may be enlarged within a required side yard so long as such enlargement is not constructed any closer to the side lot line than the existing main building or accessory structure being enlarged.

1.

Mechanical and pool equipment may be placed in a side yard, provided the equipment is not closer than five feet from the side lot line.

2.

Building eaves may overhang the required side yard, provided the overhang is not more than three feet and the eaves are not closer than seven feet from the side lot line.

3.

Building eaves may overhand the required front and/or rear yard, provided the overhand is not more than three feet.

d.

Rear yard. There shall be a rear yard having a depth of not less than 15 feet, subject to the following exceptions:

1.

When adjacent lots are configured such that the rear yard of a lot abuts the side yard of an adjacent lot, then the required rear yard depth shall be reduced to equal the width of a required side yard.

2.

Any main building or accessory structure lawfully existing on the effective date of this ordinance may be enlarged within a required rear yard so long as such enlargement is not constructed any closer to the rear lot line than the existing main building or accessory structure being enlarged.

3.

Where lots have double frontage running through from one street to another, the required rear yard adjacent to the street shall have a depth of not less than 25 feet

e.

Yard abutting arterial street. Any yard abutting an arterial street shall have a depth, if a front or rear yard, or width, if a side yard, of not less than 25 feet.

f.

Waterfront yard. Any waterfront yard shall have a depth of not less than 50 feet.

g.

Exceptions.

1.

A main building or an accessory structure that is rebuilt on a nonconforming lot shall comply with at least one of the following criteria:

i.

The rebuilt structure may be placed as close to the lot line as the original structure, provided neither the height or square footage of the rebuilt structure exceeds 110 percent of the height or square footage of the original structure; or

ii.

The rebuilt structure shall be set back from the side lot lines a distance that is at least ten percent of the width of the lot as measured at the 25-foot building line.

2.

A main building or an accessory structure that is rebuilt on a nonconforming corner lot of less than the required lot width may be placed as close to the abutting streets as allowed by the original building line.

(2)

Required size and dimensions for lots.

a.

Lot area. No lot shall be created which contains less than 15,000 square feet. No building shall be constructed or erected on any lot having less square footage than provided herein.

b.

Lot width. No lot shall be created having a width of less than 90 feet at the front street building line nor shall its average width be less than 90 feet; provided, however, no corner lot shall be created having a width of less than 100 feet at the front street building line nor shall the average width of such corner lot be less than 100 feet.

c.

Lot depth. No lot shall be created having a lot depth of less than 150 feet.

d.

Exceptions. Where a lot having less area, width or depth than herein required existed in separate ownership prior to the effective date hereof or prior to the effective date of any applicable amendment hereto, the above regulations relating to the size of lot shall not prohibit the construction or erection of a single-family dwelling thereon.

(3)

Required area (footprint) restrictions for buildings and other non-permeable surfaces. Not more than 50 percent of the lot area shall be covered by buildings, driveways, sidewalks, patios, pool decks, or other surfaces that are not permeable. For the purposes of this subsection, the water surface area of outdoor swimming pools shall be considered a permeable surface.

(4)

Fencing.

a.

Other than along subdivision boundaries, solid fences, solid walls, and hedges are not permitted within 50 feet of a waterfront.

b.

Hurricane, chain link, and other similar wire type fencing is prohibited.

c.

Fence height shall not exceed eight feet.

d.

On corner lots, fencing of the rear yard adjacent to a side street may be placed not closer to the lot line than the required 25-foot side yard setback, but shall not extend towards the front of the lot past the rearmost corner of the primary structure closest to the side street.

e.

Street side or front yard fencing, of a type and design as defined in this paragraph, is permitted where the street frontage is along Lakeshore Drive, Lakeshore Circle, Kirby Boulevard, or individual platted lots of more than three acres in size. Provided, however, no such fence shall be permitted unless constructed of black wrought iron, ornamental metal, aluminum, or iron steel, with staves or pickets of not more than one inch square, and spaced not less than 3½ inches apart, measured between the closest points of two successive staves or pickets, and with optional columns of natural earth tone colored brick, patterned concrete, natural stone or stucco not wider than two feet square and spaced not less than nine feet apart, measured between the closest points of two successive columns. Should the fence have optional columns, then the fence may have a solid lower component between the columns as long as the solid component does not exceed 33 percent of the total actual height of the fence. The solid component must be constructed from the allowable column materials. The height of street-side or front yard fences shall not exceed seven feet, as measured from the highest point of the fence or accessories to the ground.

(5)

Waterfront accessory structures.

a.

Waterfront accessory structures shall be allowed within the R-2 district, subject to the provisions of this section, and shall not be subject to waterfront setback requirements.

b.

Waterfront accessory structures must be constructed in accordance with the approved Texas General Land Office and Army Corps of Engineer permits when constructed within areas where such permits are required.

c.

Waterfront accessory structures located within areas not subject to the jurisdiction of the Texas General Land Office shall comply with the dimensional and location limitations specified for waterfront structures by the Texas General Land Office or the School Land Board Construction Guidelines, 31 T.A.C. § 155, which are an attachment to the "Application for State Land Use Lease - CE/SP" and shall not be constructed without having first received a permit therefor from the city building official.

d.

Additional requirements.

1.

The end and sides of any waterfront accessory structure may be partially enclosed by siding, dock boxes, or storage lockers, provided the amount of open area on any side or end being enclosed is not reduced by more than 25 percent as measured from the top of the deck/walkway to the top of the pilings.

2.

No boathouse is required to have a roof; however, corrugated fiberglass, corrugated plastic, and corrugated galvanized steel roofs are not allowed on any Boathouse with a pitched roof.

3.

No boathouse shall be rented or leased except in concert with the rental or lease of property served by such boathouse.

4.

No Boathouse shall be used for the storage of any commercial vessel.

5.

Piers, boathouses or other accessory structures extending into the waters of Taylor Lake shall be constructed or placed not more than 60 feet from the bulkhead or shoreline. Additionally, any such structure shall comply with applicable Texas General Land Office and United States permitting requirements. (V.T.C.A., Natural Resources Code ch. 33; 33 USC §§ 1344, 1413; 33 CFR 320—332).

(6)

Requirements for waterfront yards.

a.

Subject to the provisions hereof, swimming pools and retaining walls are allowed within a required waterfront yard.

b.

Swimming pools, including any attached decks or waterfalls, shall be set back at least ten feet from the waterfront line.

c.

The grade level of the required waterfront yard may be increased using soil and/or retaining walls, but the resulting grade angle shall not exceed one foot of rise for every three feet of run, as measured from the nearest point of the waterfront line plus four feet of elevation.

(ord. No. 07-543, §§ 1.C—1.E, 10-22-07; Ord. No. 08-566, §§ 1.C, 1.D, 12-17-08; Ord. No. 09-573, § 1.C, 7-1-09; Ord. No. 10-600, § 3, 8-4-2010; Ord. No. 15-652, § 1, 7-1-15)

(a)

Use regulations. The building or premises in the C-1 district shall be used only for the following purposes:

(1)

All uses permitted in districts R-1 and R-2.

(2)

Bakeries, retail only.

(3)

Banks.

(4)

Florist shops.

(5)

Gasoline service stations, provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts, the sale of new or used vehicles or the sale of alcoholic beverages.

(6)

Offices and office buildings.

(7)

Personal service uses such as barber shops, beauty parlors, dry cleaning and pressing, provided the actual process of dry cleaning is not conducted on the premises, tailoring, repair of household appliances and bicycles, shoe repairing, and other personal service uses of a similar character.

(8)

Retail stores.

(9)

Sales of new and used boats, provided that outdoor display of boats may be conducted only if screening devices are erected so as to eliminate any view of any such display from any adjacent residential district.

(10)

Boat and boat motor repair services, provided that same is conducted indoors or behind screening devices so as to prohibit view of same from any adjacent property or public street.

(11)

Light industrial uses related solely to the design, development, assembly or service of equipment or goods; provided, however, that no light industrial uses shall create any more offensive noise, vibration, dust, soot, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from the permitted uses set forth in subsections (1) through (9) above; provided, further, no light industrial use shall be permitted without the issuance of a specific use permit as provided in section 14 of this ordinance.

(12)

Restaurants, provided same are conducted indoors with no provision for window service or takeout business, and also, provided that same do not create any more offensive noise, vibration, dust, soot, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from the permitted uses set forth in subsections (1) through (9) above.

(13)

Other uses as determined by the zoning official as equivalent to the uses otherwise permitted in subsections (1) through (9) above and which are not likely to create any more offensive noise, vibration, dust, soot, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from such uses permitted under subsections (1) through (9) above. For the purposes hereof, sexually-oriented businesses, such as massage parlors or studios, modeling studios/agencies/parlors, escort services, adult bookstores, adult news stores, adult video stores, video arcades, game rooms, and other similar establishments are not uses equivalent to the uses otherwise permitted in subsections (1) through (9) above.

(14)

Accessory buildings and uses customarily incident to any of the above uses, provided that such shall not be objectionable because of noise, vibration, dust, soot, smoke, odor, glare or similar nuisance.

(15)

Boathouses are not permitted in the C-1 district.

(b)

Height regulations. Building height in the C-1 district shall not exceed 35 feet; provided, however, such limitation shall not apply to aerial antennas attached to the tops of buildings and church steeples. Mid-rise buildings may be allowed by specific use permit not to exceed ten stories or 120 feet, whichever is less.

(c)

Area regulations in the C-1 district.

(1)

Size of yard.

a.

Residential. Same as district R-1 when no water frontage exists; same as R-2 if water frontage exists.

b.

Other use. Buildings shall be a minimum of 60 feet from any street line and shall be a minimum of 30 feet from any property line or any waterfront line.

(2)

Size of lot.

a.

Lot area. No building shall be constructed on any lot having less than 20,000 square feet.

b.

Lot width. The width of the lot shall be not less than 100 feet at the front street building line, nor shall its average width be less than 75 feet.

c.

Lot depth. The average depth of the lot shall be not less than 120 feet.

(3)

Size of building. The building area, inclusive of parking area, shall not exceed 90 percent of the lot area.

(d)

Off-street parking requirements. One off-street parking space for each 300 square feet of floor area shall be provided in the C-1 district.

(e)

Screening device requirements. A screening device, as defined in section 3 of this ordinance, shall be erected before any use other than uses permitted in the residential district are made of property in the C-1 district when such property abuts residentially zoned property. Insofar as is practical, such screening device shall be erected along the entire length of the common line between such commercial or business property and the abutting residentially zoned property.

(1)

Erection and maintenance of screening devices. It shall be the responsibility of the user of the commercial or business property to erect the required screening device, and the same shall be a condition precedent to the issuance of a certificate of occupancy for the premises on which such screening device is located.

(2)

User of property responsible. All screening devices required by this ordinance shall be perpetually maintained by the user of the property on which such screening device is located.

(f)

External building and structure materials limitations. Buildings and/or structures with externally visible sheet metal, tin, aluminum, and similar thin metallic materials are specifically prohibited in the C-1 district.

(g)

Signs. It shall be unlawful for any person or business to erect, relocate, or structurally alter any sign within district C-1 except in conformity with the regulations herein.

(1)

Definitions. For the purpose of this subsection, the following definitions shall apply:

a.

Commercial sign shall mean any sign which directs attention to a business, commodity or service sold or offered on the premises where such sign appears.

b.

Freestanding or ground sign shall mean any sign supported by one or more columns, poles, uprights, or braces anchored in or on the ground in a permanent nature, and not attached to any building.

c.

Ground-mounted monument sign shall mean any double-faced freestanding sign permanently attached to a low base in such a manner that the sign appears to be resting on the ground.

d.

Nonconforming sign shall mean a sign, which does not comply with the regulations contained herein.

e.

Portable sign shall mean any moveable sign not permanently secured or attached to a structure, support or anchor.

f.

Roof sign shall mean any sign attached to or mounted upon a building and which extends above any portion of a roofline.

g.

Shopping or strip center shall mean any project built and intended to be used for two or more independent retail shops, restaurants, professional offices and other allied businesses.

h.

Wall sign shall mean any flat sign, either of solid face construction or individual letters or symbols, which is placed against the exterior wall of any building, parallel to the wall upon which it is attached, and having the advertisement on one face only.

i.

Noncommercial sign shall mean a sign, which contains a noncommercial message only.

j.

Noncommercial message shall mean a civic, political, religious, seasonal, or personal message that is not displayed for a fee or for compensation, and is located on property owned or lawfully occupied by the person displaying the message. Signs containing noncommercial messages relating to political campaigns shall be removed within seven days following the election to which such signs pertain.

(2)

Prohibited signs. Signs of the following nature are prohibited unless specifically authorized by this subsection.

a.

Signs located within any private or public roadway right-of-way;

b.

Portable signs;

c.

Any sign, which pertains to a business, commodity, or service, sold or offered elsewhere than on the premises where such sign appears;

d.

Wall signs, which extend above the roofline of the building upon which they are erected or with letters greater than 30 inches in height.

e.

Roof signs;

f.

Waterfront, shoreline, in-water, or water signs;

g.

Any freestanding or ground sign which exceeds five feet in height or 36 square feet in area and which does not conform to all regulations stated herein governing "ground-mounted monument signs";

h.

A commercial sign or ground-mounted monument sign located within any zoning district other than district C-1;

i.

More than one ground-mounted monument sign for any lot or development site, or for any individual shopping or strip center; provided however, if a lot or development site, or shopping or strip center has frontage on two public streets, one ground-mounted monument sign shall be permitted for each such street frontage.

(3)

Regulations governing ground-mounted monument signs. Each ground-mounted monument sign shall:

a.

Be a double-faced ground-mounted sign with a total area that does not exceed 36 square feet for each face of the sign;

b.

Be a maximum of five feet tall, including both base and message area, as measured from the natural or average finished grade;

c.

Be a maximum of two feet deep;

d.

Have a base no more than 18 inches and no less than six inches above the natural or average finished grade;

e.

Be constructed of materials architecturally compatible with the exterior building finish;

f.

Be located within a vegetative landscaped area, which shall be maintained during the life of the sign;

g.

Not have flashing or moveable lights, or exposed neon lights, but otherwise may be illuminated;

h.

If a sign shared by multiple businesses of a shopping or strip center, have the same background color of the sign surface or a darker background with white letters, and containing margins;

i.

Have a message which is limited to the name, type of business and business logo. A street number designation may appear either on the base or along the edge (two-foot depth) of the sign.

(4)

Regulatory requirements for the removal of nonconforming signs.

a.

A nonconforming sign existing on December 10, 1998 may be continued for a period of not more than seven years therefrom, provided that no such nonconforming sign shall in any way be modified.

b.

The nonconforming sign shall be removed if there is a change in occupancy or ownership.

c.

When nonconforming signs are replaced, they must be replaced with conforming signs.

d.

The installation of any new sign is prohibited on a site where a nonconforming sign remains in use.

(5)

Structural requirements. All signs and sign structures shall require a city permit and shall comply with the requirements of the building codes of the city.

(6)

Fire hazards. It shall be unlawful for any person to erect, structurally alter, or relocate any sign in such a manner as to obstruct, or in all probability cause to obstruct, ingress or egress, fire fighting, or escape from a building.

(7)

Traffic hazards. It shall be unlawful for any person to erect, structurally alter, or relocate any sign in such a manner as to constitute a hazard to pedestrian or vehicular traffic.

(8)

Maintenance and repair of signs. All signs and sign structures shall be kept in good repair and neat appearance. Signs shall be maintained at reasonable intervals, including replacement of damaged or defective parts, painting, repainting, and cleaning. The owner of a sign and the owner of the property upon which it is located shall be jointly and severally responsible for its maintenance and repair.

(9)

Exceptions and exemptions. The provisions and regulations of this subsection shall not apply to certain classes of signs, which are designated in the following subparagraphs; provided however, such signs shall be subject to the provisions of paragraphs (5), (6), (7) and (8) of this subsection.

a.

Real estate signs not exceeding six square feet in area per sign face pertaining to the sale or rental of the property on which they are displayed, but not more than one such sign for each street frontage.

b.

Traffic or other municipal signs, legal notices, or danger signs placed or required to be placed by federal, state, or local governments.

c.

Non-advertising signs of public service, pipeline, and utility companies as may be required by their operations in providing services for the health and welfare of the general public, or as required by any law or regulation of the federal or state governments, or any agency thereof.

d.

Noncommercial signs.

e.

Waterfront signs as may be required by property owners to notify visitors of safety procedures, private ownership and limited liabilities. The area of such sign shall not exceed four square feet.

f.

Temporary special sales signs or window graphics provided:

1.

Their use is limited to one continuous 14-day period per quarter;

2.

They do not exceed 32 square feet;

3.

They are attached to or visible on one side of a building only;

4.

They are not extended beyond the roofline of the building;

5.

They are erected only after written notification thereof to the city;

6.

Their use is limited to a total of four promotions a year for a development site or any individual shopping or strip center. If only a single tenant has a promotion, this event shall count as one of the four promotions for the entire retail center; and

7.

They do not consist of, or are used in conjunction with, any pennants or streamers.

(h)

Fencing. Street-side or front yard fencing, of a metal type and designed as defined in this subsection, is permitted. Provided, however, no such fence shall be permitted unless constructed of black wrought iron or of material similar in appearance to ornamental iron with staves or pickets of not more than three-quarter-inch square and spaced not less than 3½ inches apart, measured between the closest points of two successive staves or pickets, and with neutral colored brick columns not wider than two feet square and spaced not less than nine feet apart, or more than 20 feet measured between the closest points of two successive columns. The height of street-side or front yard fences shall not exceed seven feet. All street-side or front yard fencing in compliance with this subsection must also be set fully within the platted boundaries of the lot and must be a minimum of two feet away from any right-of-way or easement.

(i)

Wire-type fencing. Hurricane, chain-link, and other wire-type fences are prohibited.

(Ord. No. 07-543, § 1.F, 10-22-07; Ord. No. 16-665, § 2, 10-5-16)

(a)

Visibility at intersections/clearances on public ways.

(1)

On a corner lot in any residential district, vegetation shall not be planted or allowed to grow in such a manner to materially impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines on such corner lots and a line joining points along said street lines 15 feet from the point of the intersection.

(2)

Clearances over public roadways and sidewalks. Property owners shall maintain trees located on their property so that they do not interfere with the use of sidewalks or streets.

a.

Trees which overhang the paved portion of a public street shall be trimmed to maintain a minimum vertical clearance of at least ten feet.

b.

Trees which overhang public sidewalks shall be trimmed to maintain a minimum vertical clearance of at least eight feet.

(b)

Fences, walls and hedges.

(1)

Fences, walls, and hedges are permitted in or along the edge of any required yard other than a front yard or a side yard contiguous to a side street line, or, if a solid fence, wall, or hedge, within 50 feet of a waterfront. Hurricane, chain-link, and other wire-type fences are prohibited.

(2)

Notwithstanding any other provision of this ordinance to the contrary, any fence, wall, or hedge not in compliance with the provisions of this section 10 shall be removed or otherwise brought into compliance upon the occurrence of any of the following conditions:

a.

Damage to any such fence, wall, or hedge in excess of 50 percent of its value; or

b.

Such fence, wall, or hedge is replaced.

(c)

Accessory buildings. Except as specifically permitted by this ordinance, no accessory building shall be erected in any required yard or front yard, and no separate accessory building shall be erected within five feet of any other building. Accessory buildings shall be permitted in a front yard provided the location of the accessory building is at least 500 feet from the front property line.

(d)

Easement encroachments. Structures, including decks and/or paving, shall not be placed within utility easement, except as provided by the following exceptions:

(1)

The property owner has provided the building official with written verification from each utility having rights within that easement that such utility has consented to the encroachment; or

(2)

The encroachment consists of a driveway or sidewalk which crosses the easement in such a manner as to minimize the width of the encroachment.

(e)

Structures to have access. Every building hereafter erected shall be on a lot adjacent to a public street, or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(1)

Fronting arterial street. Every building hereafter erected which fronts an arterial street shall have a circular driveway providing separate points for ingress and egress or a turnaround to allow entrance and exit in a forward direction to and from such arterial street.

(f)

Lighting. It shall be unlawful for any person to erect or maintain any artificial light source which creates glare upon a public street, sidewalk or adjacent residential property; provided, however, this provision shall not apply to streetlights installed pursuant to the subdivision regulations of the city.

(g)

Signs. It shall be unlawful for any person to erect, relocate or structurally alter any sign within the city except in conformity with the regulations herein.

(1)

Definitions. For the purposes of this subsection, the following definitions shall apply:

a.

Freestanding or ground sign. Any sign supported by one or more columns, poles, uprights or braces anchored in or on the ground in a permanent nature, and not attached to any building.

b.

Portable sign. Any moveable sign not permanently secured or attached to a structure, support or anchor.

c.

Wall sign. All flat signs, either of solid face construction or individual letters or symbols, which are placed against the exterior wall of any building, parallel to the wall upon which it is attached, and having the advertisement on one face only.

d.

Roof sign. Any sign attached to or mounted upon a building and which extends above any portion of a roofline.

(2)

Prohibited signs. Signs of the following nature are prohibited unless specifically authorized by this ordinance:

a.

Signs located on or within ten feet of public property including, but not limited to, public buildings, streets, arterial streets, bridges, sidewalks, easements, or public rights-of-way within the city.

b.

Portable signs.

c.

Any sign which directs attention to a business, commodity or service sold or offered elsewhere than on the premises where such sign appears.

d.

Freestanding or ground signs which exceed four feet in height above the pavement or finished grade.

e.

Wall signs which extend above the roofline of the building upon which it is erected.

f.

Roof signs.

g.

Waterfront, shoreline, in-water or water signs.

(3)

Structural requirements. All signs and sign structures shall comply with the pertinent requirements of the building and electrical codes of the city.

(4)

Fire hazards. It shall be unlawful for any person to erect, structurally alter or relocate any sign in such a manner as to obstruct, or in all probability cause to obstruct, ingress or egress, firefighting or escape from a building.

(5)

Traffic hazards. It shall be unlawful for any person to erect, structurally alter or relocate any sign in such a manner as to constitute a hazard to pedestrian or vehicular traffic.

(6)

Exceptions and exemptions. The provisions and regulations of this subsection shall not apply to certain classes of signs which are designated in the following subparagraphs; provided, however, such signs shall be subject to the provisions of paragraphs (4) and (5) of this subsection.

a.

Real estate signs not exceeding six square feet in area per sign face pertaining to the sale or rental of the property on which they are displayed, but not more than one such sign for each street frontage, and not located within ten feet of the property line or street right-of-way line.

b.

Traffic or other municipal signs, legal notices or danger signs placed or required to be placed by federal, state or local governments.

c.

Signs of public service, pipeline and utility companies as may be required by their operations in providing services for the health and welfare or regulation of the federal or state governments, or any agency thereof.

d.

Temporary display posters, whether cardboard, silk screen, or otherwise, without independent structural support, used in connection with political campaigns and civic noncommercial health, safety and welfare campaigns, provided such posters shall be removed within five days following the conclusion of such campaign, and provided such posters are not displayed within public roadway rights-of-way.

e.

Flags, emblems, insignia and noncommercial signs of patriotic, charitable, religious or civic character, provided such signs are not erected within ten feet of any street right-of-way line.

(h)

Antennas and other devices.

(1)

The following types of antennas may be placed within a required side yard or back yard, or on the roof of a structure, provided, however, that such antennas may not be located so as to be visible from the street which is adjacent to the front lot line of the property.

a.

A "dish" antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;

b.

An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming service via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite; or

c.

An antenna that is designed to receive local television broadcast signals.

i.

The board of adjustment may grant a special exception to allow the types of antennas listed above to be placed in other locations if it can be shown by the applicant that failure to obtain such special exception would (i) unreasonably delay or prevent installation, maintenance, or use; (ii) unreasonably increase the cost of installation, maintenance or use; or (iii) preclude reception of an acceptable quality signal.

ii.

It shall be unlawful for any person to erect any other type outdoor or external antenna, aerial, satellite dish or other similar device where visible from a public street or adjacent property.

(i)

Ancillary items. Campers, recreational vehicles, trailers, boats and antique or inoperable vehicles shall not be situated or stored such that they are visible from a public street, lake or waterway, or adjacent property, unless they are on a paved surface, at least 50 feet from the front lot line and do not exceed ten feet in height.

(j)

Nonconforming uses.

(1)

Nonconforming use of land. The lawful nonconforming use of land where no building is involved existing on the effective date of this ordinance may be continued for a period of not more than one year therefrom, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the regulations of the district in which it is situated.

(2)

Nonconforming use of buildings. Lawful nonconforming use of a building existing upon the effective date of this ordinance may be continued, subject to the following exceptions:

a.

If such nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this ordinance.

b.

If a nonconforming use of any building or premise is discontinued for a period of one year, the use of the same shall thereafter conform to the provisions of the district in which it is situated.

c.

If a nonconforming use is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

d.

If by amendment to this ordinance property is hereafter transferred to a more restricted district by a change in the district boundaries, or if the regulations and restrictions applicable to a district in which property is located is amended so as to be more restrictive, the provisions of this ordinance relating to the nonconforming use of buildings or premises existing upon the effective date of this ordinance shall apply to buildings or premises occupied or used upon the effective date of such amendment.

e.

Nonconforming uses shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the event of partial destruction by fire or other causes in excess of 50 percent of value of the nonconforming use, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is situated.

(k)

[Shipping and storage containers.] Shipping containers and storage containers are prohibited within the city.

(l)

Residential subdivision entryway structures. Structures marking the entrances to residential subdivisions will be permitted to be constructed over public streets and crossing public rights-of-way, provided such structures meet the following criteria and subject to the following conditions. For the purposes of this section, "entryway structures" shall refer to and mean any type of structure to be built over a public right-of-way, without accessible interior space.

(1)

Permit required. A permit shall be required for all entryway structures. New or existing subdivisions may apply to the building official for construction of entryway structures over planned or existing public streets and rights-of-way.

a.

Structures shall meet all applicable building and safety codes of the city.

b.

Construction plans shall be submitted to the building official for approval, prior to making application to city council

(2)

Council approval required. Council shall review and consider the merits and assurances of perpetual maintenance for each application, and may require staff review and the submission of such other materials as may be determined necessary to ensure an adequate review by council. Approval of such structures shall be made only after a finding that the structures will not be detrimental to the public health, safety and welfare, and will not burden the taxpayers of the city.

(3)

[Entryway structures.] Entryway structures shall meet the following standards and requirements:

a.

Entryway structures shall provide a minimum height of 16½ feet clearance above the existing street grade in the center lane, and a minimum of 15 feet clearance above the street pavement at the curb to allow for the free flow and passage of vehicular and pedestrian traffic, and shall be designed to be in context and proportion to the residences within the subdivision. The structure shall have a maximum height of 25 feet at the centerline of the road.

b.

Entryway structures shall not encroach into nor be built upon any portion of the required street paving, nor shall they omit or obstruct required sidewalks, curbs and gutters, paving, utilities, or other public improvements, which are placed within the required right-of-way. In addition, entryway structures shall be built with a one-foot setback from the back of all curbs. The portion of the entryway structure which is located on the ground shall only be located on private property. If the structure is proposed to be built on land that has been dedicated to the public for any use, the applicant must purchase the public interest through the vacation process and ownership must be vested in the homeowners' association. Additionally, the applicant will be required to relocate all existing utility lines. If the property is being platted, the location of the entryway structure must be shown on the plat as a reserve owned by the homeowners' association for entryway signs or open space.

c.

The facade of entryway structures shall be constructed of masonry materials similar to those predominantly in use on residential structures within the subdivision, including but not limited to, brick, stone, or stucco, and shall conform with the materials and colors used in the residential units located within the subdivision.

d.

Restrictive covenants shall be submitted and shall be reviewed by the city attorney prior to city council approval of construction plans. Approval of such plans shall also be required from any subdivision homeowners' association, such approval to be evidenced on such plans by the signature of an authorized representative of such association. Such covenants shall contain adequate provisions for the perpetual care and maintenance of the entryway structure, and such covenants shall be recorded in the Deed Records of Harris County. The provisions for perpetual care and maintenance of the structures shall include required notice to and approval by the city in the event any amendment to the provisions relating to the entryway structures is considered.

e.

Vertical clearance signage shall comply with TXDOT requirements. Metal plaques, with a maximum size of 24 inches by 24 inches stating the name of the subdivision shall be permitted, one on each side of the roadway. Other than such signs, lettering or signage shall not be allowed on the structure.

f.

Gates and gatehouses shall not be allowed across a street or any portion of a public right-of-way.

g.

Lighting: Accent and decorative lighting may be permitted provided an illumination plan is submitted with the application materials and provided that no illumination source casts light or glare on any private property. Neon, flashing, or moving lights will not be permitted under any circumstance. Lighting may be denied where it is determined it impacts private property or causes a traffic hazard.

(4)

[Required by applicant.] The applicant for such structures shall submit the following materials to the building official:

a.

Three copies of scaled construction drawings depicting the location of the structures across the street and public right of way, with all information required by the building official;

b.

All required permit fees and completion of applicable permit application forms shall be required prior to acceptance of application by building official, and no review shall begin until such forms are complete.

c.

Certification of approval of plans by the homeowners' association,

d.

Subdivision plat (or revised plat), with all engineering stamps as required by the city's regulations.

e.

Three copies of facade drawings depicting the architectural details of the structure, the colors and materials of the structure.

f.

Copies of the insurance policies, naming the city as an additional insured, in a minimum amount of $1,000,000.00, shall be submitted to the city secretary annually. The applicant and party responsible for the perpetual maintenance of the structure shall indemnify and save harmless the city, its elected and appointed officials, officers, and employees from any and all loss, liability, damage, or injury from any and all suits, claims, or actions brought or filed by any person or persons for or on account of any loss, injury or damage whatsoever sustained in, caused by or arising or resulting from the placing, maintenance or removal of the entryway structures.

g.

Letters from all utility companies who presently have improvements within, or have a right to use, the utility easements within the subdivision for location of their lines, said letters to state that the companies have no objections to the proposed placement of the entryway structures. Relocation of utility lines may be required at the applicant's expense and becomes a revision to a plat and requires meeting all regulations and standards of the utility providers and city regulations.

h.

A survey, plan and profile of the site showing the location of the entryway structure and property within ten feet from any side of the structure unless site characteristics require more area.

i.

Such other documentation as may be reasonable to afford the building official and council the necessary information for review of the application.

j.

Upon approval by city council and review and approval of the construction plans, the building official shall issue a building permit.

(5)

Removal or demolition. After plan approval, an estimate shall be prepared by the applicant's engineer of the costs of removal of the entryway structure and remediation of the site back to its original condition. The applicant must demonstrate to the satisfaction of the city council that the applicant has and will have the financial capability to cover such future demolition and removal costs.

(m)

Façade requirements—Residential. The following façade requirements shall apply to all residential structures in all residential districts, including the R-1 single family residential district and the R-2 single family residential district-waterfront.

(1)

Any building constructed or designed for single family residential use shall have an exterior finish or construction of at least 60 percent brick, stone or other masonry. In computing such area, the percentage of roof area shall be excluded, but attached garages, porches and other structures constituting part of the building proper shall be included.

(2)

The first floor elevation of all single family residential buildings shall be located within five feet of the natural grade of the lot on which the structure is located.

(3)

The front façade facing the public right-of-way of the first floor of all single family residential buildings or stuctures shall include an entryway, porch and other architecutral elements that relate to the human scale. Residential entries shall be located on the first floor front façade and shall directly access the sidewalk or street.

(4)

Stilt residential buildings and structures are prohibited, except for covered patios not visible from a present or future public right-of-way.

(5)

Development review. A building elevation and site plan shall be submitted with each building permit application. The elevation and site plan shall illustrate and describe the proposed building design features, materials and colors, landscaping, screening walls, fences, sidewalks and covers.

(6)

The zoning board of adjustment may grant a special exception to the requirements of this subsection (m) if:

a.

The first floor elevation required by another provision of the City's Code of Ordinances exceeds five feet above natural grade;

b.

The property owner submits, as part of the application for special exception, a preliminary sketch and site plan of the structures proposed, including an exterior elevation sufficient to assist the board in evaluating the proposed building, structure or alterations; and

c.

Granting the special exception would not alter the character of the area, impair the use of the adjacent property, or grant a special privilege inconsistent with other properties in the area.

d.

The board may approve, disapprove or approve with conditions the issuance of a building permit in accordance with the criteria above and as the board deems appropriate to accomplish the purposes of the special exception.

e.

The board must approve the final plans and elevations drawn to scale.

f.

The final decision of the board must be in writing and reflect the roll call vote.

(Ord. No. 07-543, § 1.G, 10-22-07; Ord. No. 18-687, § 1, 3-21-18)

A conditional use permit for property located on Kirby Road and zoned R-1 may be requested under this section.

(1)

Purpose. A conditional use permit is intended to provide a location for limited uses which are appropriate in low rise structures in a low density landscaped setting, along Kirby Road. It is designed to protect adjacent residential neighborhoods from encroachment of incompatible commercial, office, and other non-residential activities, and to promote the development of vacant, bypassed lots in harmony with adjacent land uses and the surrounding environment. It is not designed to allow uses other than single family residential uses in established single family neighborhoods. This district places a great emphasis on open space and aesthetic considerations in building construction and landscaping.

(2)

Effect. A conditional use permit, when approved by council, must be adopted by ordinance, and will allow only the specific use applied for. Changes to the type or intensity of use approved by the ordinance shall require a new application and completion of the procedures outlined in this section.

(3)

Application and procedure. An application for a use allowed by conditional use permit is required.

a.

An application form shall be submitted to the building official, meeting, at a minimum, the following standards, and showing all existing or planned improvements as required in this section.

b.

When the building official has certified that the application is complete, he shall forward the application to the zoning commission for recommendation to city council for its review and action.

(4)

Application contents. Administrative information shall be provided on the form established by the city. The city may charge a fee for the processing of the application, as may be established by city council. A site plan and relevant supporting documents are required showing the following:

a.

Location of property.

1.

Property must front on Kirby Road.

2.

Access from residential roads may be restricted or prohibited.

b.

Area and building regulations and standards. All code references are to this Appendix A, Code of Ordinances, unless specifically noted.

1.

Minimum lot standards required. In accordance with all R-1 or R-2 district regulations in section 27(c).

2.

Height of structures. In accordance with all R-1 district regulations in section 27(b).

3.

Maximum area (footprint) restrictions for buildings and non-permeable surfaces in section 27(c)(3).

4.

Screening and landscaping. Property abutting a residential district shall be screened and landscaped to protect residential uses from light and noise by installation of a wood or masonry fence and landscaping sufficient to provide a predominantly opaque buffer. All fencing, screening, and landscaping shall be in accordance with the R-1 district regulations in section 27(c)(4). If not prescribed by section 27(c)(4), all CUP property shall conform with section 30.

5.

Parking. All uses shall provide adequate space on site to provide for parking, loading, and maneuvering of vehicles in accordance with city regulations for the use being requested. Parking shall be designed and located:

i.

To not disturb abutting residential land uses. If parking is located adjacent to residential land uses, additional landscaping, masonry fencing, or a combination thereof shall be installed for screening; and

6.

The use will provide adequate ingress and egress to minimize traffic congestion in the public streets, as shown by a reasonable estimated trip generation factor submitted with the application.

7.

Lighting on the site shall be located and shielded so as not to cast light over property lines. Lighting in the rear yard or on the rear of the building for properties located adjacent to residential uses shall be by motion detector or other timed mechanism.

8.

Signage shall be allowed, but shall not exceed 25 square feet, and shall not be illuminated. A separate sign permit will be required. The standards in section 29(g) apply unless amended by this section.

9.

Building elevations shall be submitted. Design of the structure shall mimic a residential appearance commensurate with other such structures within the city.

10.

The use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(5)

Consideration of application. The building official shall review the application, and forward the complete application, with his comments, if any, to the zoning commission. The zoning commission shall hold a public hearing and make a recommendation on the application. Upon receipt of the recommendation from the zoning commission, council shall place the item on the next meeting agenda for consideration, subject to notice provisions. The zoning commission and council may hold a joint public hearing, with the zoning commission issuing its recommendation prior to council action.

a.

Council shall consider the following:

1.

Whether the proposed use is in conformance with the comprehensive plan;

2.

Whether the structure is designed to have the appearance of a single family home similar to adjacent developments within Taylor Lake Village;

3.

The nature and condition of all adjacent uses and structures and possible impacts of the proposed conditional use on them, as well as the general public health, safety and welfare and to ensure that:

• The use is not detrimental to the existing character of the development in the immediate neighborhood, and will not endanger the public health, safety or general welfare.

• The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted by right in the R-1 district.

• The zoning commission may recommend, and city council may impose reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit and purpose of the zoning code and to protect adjacent properties.

4.

The city council may approve, approve with conditions, or disapprove an application for a conditional use permit. Compliance with any conditions shall be required prior to the issuance of a certificate of occupancy.

(Ord. No. 13-636, § 3, 11-6-13)

(a)

Purpose. The purpose of an R-3 district is to provide for an integrated, master planned single-family home development located on the waterfront that will have public or private recreational amenities, be of a consistent and unified architectural design that marks it as a high-end, unique, and identifiable residential area within Taylor Lake Village. The R-3 district is designed for larger parcels of undeveloped or redeveloped land, and shall not be used for infill development, nor for redevelopment of isolated or scattered lots within an existing residential area.

(b)

Area. An R-3 district shall be a minimum of three acres in size.

(c)

Use regulations. The building or premises in the R-3 district shall be used only for the following purposes:

(1)

Detached single-family dwellings;

(2)

Long term rentals with initial terms of no less than four months; lease, rentals or subleases for a term of four months or less are prohibited, unless related to sale of related real property;

(3)

City facilities or utility uses;

(4)

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;

(5)

Real estate offices during the development of residential subdivisions, but not to exceed two years;

(6)

Property owners' association, nonprofit recreational uses incidental to and an amenity of a single-family residential development;

(7)

Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith and not involving the conduct of a retail business; provided, however, that any accessory building shall be of the same design and construction as the applicable primary structure; provided, however:

a.

A sign shall not be permitted as an accessory use, except one unilluminated temporary sign not more than six square feet in area, which shall be located at least five feet from the nearest street line.

(d)

Building and structure height regulations. No building in the R-3 district shall contain more than three stories; provided, however, a bottom story that contains no habitable floor area, as defined in and built to comply with the city's flood damage prevention ordinance, shall not be considered as a story for the purposes of this subsection. The maximum building height shall be 74 feet as measured from the average elevation for the center line of the street in front of the house. Chimneys and roof vents shall not extend more than four feet above the highest point of the roof. No accessory building or structure shall exceed the height of the main building on the lot upon which such accessory building or structure is located.

(e)

Lot dimension regulations in the R-3 district and additional requirements.

(1)

Required size and dimensions for lots.

a.

Lot area. No lot shall be created which contains less than 3,000 square feet, provided, however, no lot shall include less than 1,900 square feet that is not covered by canals or water.

b.

Lot width. No lot shall be created having a width of less than 40 feet at the front street building line nor shall its average width be less than 40 feet, excepting triangular lots which meet the square footage requirement and have a minimum street frontage of 25 feet.

c.

Lot depth. No lot shall be created having a depth of less than 47 feet.

(2)

Requirements for front, side, rear and water-abutting yards.

a.

Front yard. There shall be a front yard having a depth of not less than 5 feet. No structures may be placed in the required front yard. No front yard may be a water-abutting yard.

b.

Side yard. All buildings, including accessory buildings, shall have side yard setbacks of not less than three feet on each side. No lot shall have fewer than two required side yards. No structures may be placed in a required side yard, including but not limited to swimming pools, hot tubs, cabanas, mechanical or pool equipment, air conditioner condensers and generators or accessory shade structures; provided, however, structures including but not limited to swimming pools, hot tubs, cabanas, mechanical or pool equipment, air conditioner condensers and generators or accessory shade structures may be placed in a side yard as long as no part of the structure is less than three feet from the side property line.

c.

Water-abutting yard; Rear yard. Any portion of a lot between the single family building and the water shall be subject to the regulations applicable to a rear yard and a water-abutting yard. A water-abutting yard on a lot with no rear yard shall also comply with regulations applicable to a required side yard.

1.

Mechanical equipment, including air conditioners and generators, may be placed in a rear yard, provided the rear yard is not a water-abutting yard.

2.

Any mechanical equipment, including air conditioner condensers and generators, may be placed in a rear yard that is not a water-abutting yard, or located under, above or within, the single family building; provided, however, mechanical equipment shall not be located below the level required in City Code Section 34-88 for the lowest floor of the building.

3.

Dock boxes and equipment lockers must be located under or within the single family building.

(3)

Accessory Structures.

a.

No person shall place, construct, install or modify any accessory structure or waterfront accessory structure in the R-3 district without first applying for and receiving a permit from either the city building official or, where applicable, from the Texas General Land Office.

b.

After receiving a permit, accessory structures may be placed in rear yards, water-abutting yards or in any portion of a lot that is not a required side or front yard. After receiving a permit, waterfront accessory structures may be placed in water-abutting yards.

c.

Waterfront accessory structures located within areas not subject to the jurisdiction of the Texas General Land Office shall comply with the dimensional and location limitations specified for waterfront structures by the Texas General Land Office or the School Land Board Construction Guidelines, 31 T.A.C. § 155, which are an attachment to the "Application for State Land Use Lease - CE/SP".

d.

Waterfront accessory structures, including boat houses and piers, must be parallel to bulkheads and may not exceed twelve feet in width.

e.

No accessory structure or waterfront accessory structure shall have a thatched roof.

(4)

Fencing.

a.

Fence construction shall be of durable material constructed in such manner as to prevent obstruction of view more than 30 percent of the fence area; no area shall be of a privacy fence nature. Chain link fences are prohibited.

b.

Fence height shall not exceed 4 feet.

c.

Front yard and Side yard fences are not permitted. Retaining walls are not permitted in any required yard or in a water-abutting yard.

(5)

Required parking.

a.

Three off-street parking spaces for each residence shall be provided in the R-3 district. At least two off-street parking spaces shall be provided on the same lot as the residence and may be provided using improved surface. Each parking space shall be a minimum of nine feet by 19 feet of improved surface. No ground level area shall be modified or converted to prevent its use as a parking space. Additional required parking spaces may be provided in a public or commonly owned area within one half mile of the lot.

b.

No overnight on-street parking shall be allowed in R-3 districts.

(6)

Animal control.

a.

No chickens, roosters, turkeys, ducks, pigs or other domestic farm animals shall be kept in R-3 districts.

(7)

Outside display and storage.

a.

No storage is permitted beyond the front building line.

b.

No storage is permitted in required parking areas.

(8)

Supplementary regulations.

a.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

b.

No temporary structures, including recreational vehicles, construction trailers or travel trailers, may be used for on-site dwelling purposes or parked in any required front or side yard.

c.

Building eaves may overhang the required yard, provided the overhang is not more than 12 inches.

(Ord. No. 15-654, § 3, 10-7-15; Ord. No. 19-703, § 1, 11-19-2019)

The official zoning map of the City of Taylor Lake Village shall be kept in the office of the city secretary, and one copy shall be maintained in the office of the building official.

It shall be the duty of the city engineer to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the city council may from time to time order by amendments to the zoning ordinance and map.

The city secretary, upon the adoption of this ordinance, shall affix a certificate identifying the map in her office as the zoning district map of the City of Taylor Lake Village. She shall likewise officially identify the copies directed to be kept by the zoning commission and in the office of the building official.

(a)

Administrative official. The provisions of this ordinance shall be administered and enforced by the building official of the City of Taylor Lake Village. The building official or his duly authorized representative shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. Whenever any construction work is being done contrary to the provisions of this ordinance, the building official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building official to proceed with the work.

(b)

Building permits required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this ordinance unless he receives a written order from the board of adjustment in the form of an administrative review, or variance, as provided by this ordinance.

(c)

Application for building permit. All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

(1)

The actual shape and dimensions of the lot to be built upon;

(2)

The exact sizes and locations on the lot of the buildings and accessory buildings then existing;

(3)

The lines within which the proposed building and structure shall be erected or altered;

(4)

The existing and intended use of each building or part of building; and

(5)

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance.

One copy of such plot plans shall be returned to the owner when such plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a registered public surveyor or civil engineer (registered in the State of Texas) and the lot shall be staked out on the ground before construction is started.

(d)

Existing permits and private agreements. This ordinance is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of this ordinance; or

(2)

Any easement, covenant or any other private agreement which imposes more stringent regulations or requirements than this ordinance.

(e)

Preserving rights in pending litigation and violations under existing chapters. By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.

(f)

Completion of authorized buildings. 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 a building which shall be completed in its entirety within two years from the date of the passage of this ordinance, provided such building was authorized by building permit before the passage of this ordinance, and further provided construction shall have been started within 90 days of the passage of this ordinance. Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of this ordinance shall be observed.

(a)

Required for. Certificates of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building hereafter erected or structurally altered;

(2)

Change in use of an existing building to a use of a different classification;

(3)

Occupancy and use of vacant land;

(4)

Change in the use of land to a use of a different classification; or

(5)

Any change in the use of a conforming use.

No such occupancy, 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 buildings. Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three 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 in conformity with the provisions of this ordinance.

(c)

Procedure for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said building official. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within three days after the application for same has been made.

(d)

Contents. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. 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 on request to any person having proprietary or tenancy interests in the building or land affected.

(e)

Certificates for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. 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 this ordinance. It shall be the duty of the building official to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use, or refusal of the building official to issue a certificate of occupancy for such nonconforming use, shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this ordinance.

(a)

The purpose of the regulations described in this section is to allow within the city the proper integration of uses which may be suitable only in specific locations in a zoning district.

(b)

In addition to the certificate of occupancy called for in this section a specific use permit shall be required before the following specific uses can be permitted in any district:

(1)

Concession stands within a park, playground or playing field.

(2)

Electric substation.

(3)

Gas compressor or regulator station.

(4)

Golf course, but not including commercial golf games or amusement.

(5)

Pipeline easements.

(6)

Private and denominational elementary and high schools, colleges and universities.

(7)

Telephone exchange, but not including garage shop or services.

(8)

Water wells, water and sewage treatment and storage facilities, and appurtenances related thereto.

(9)

Equestrian academy.

(10)

Light manufacturing in district C-1 only.

(c)

A specific use permit is an amendment to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within a zoning district in which such specific use may be established.

(d)

The administrative official shall not issue a certificate of occupancy for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in section 46 hereof.

(e)

Application for a specific use permit shall be made by the property owner or certified agent thereof to the zoning commission on forms prescribed for this purpose by the city council. Such application shall be accompanied by a plan as set forth in subsection 32(c) herein. Specific use permits, revocable, conditional or valid for a term or period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.

(f)

The fee to cover administrative and processing costs of a specific use permit application shall be as established by the city council.

(g)

In considering any application for a specific use permit, the zoning commission shall give due regard to the nature and condition of all adjacent uses and structures. The zoning commission may recommend disapproval of an application for a specific use permit and, in recommending approval of a specific use permit the zoning commission may recommend such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for the protection of adjacent properties and public interest.

(h)

The zoning commission shall make a favorable recommendation in behalf of the application to the city council, provided the zoning commission finds:

(1)

That the proposed structure or use conforms to the requirements and intent of this ordinance and the comprehensive plan of the city; and

(2)

That such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community.

(i)

Every specific use permit granted by the city council shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such permit the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the administrative official for the use of the buildings on such property pursuant to said specific use permit; and such conditions shall not be construed as conditions precedent to the granting of the specific use permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(j)

Following the passage of a specific use permit ordinance by the city council, the administrative official shall issue a certificate of occupancy, as provided in section 33 hereof, and shall insure that development is undertaken and completed in accordance with said permits.

(a)

There is hereby created a board of adjustment, consisting of five members, each to be appointed by the mayor and city council, for a term of two years and removable for cause by the appointing authority. In addition, there shall likewise be appointed two alternate members of the board of adjustment who shall serve in the absence of one or more regular members when requested to do so by the mayor. The two alternate members shall serve for the same period as the regular members, their vacancies shall be filled in the same manner and they shall be subject to removal in the same manner as the regular members. The board of adjustment shall have the power granted by and controlled by the provisions of V.T.C.A., Local Government Code § 211.009.

(b)

The board is hereby vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with general or special rules herein contained for the purpose of rendering full justice and equity to the general public.

(c)

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer or department of the municipality affected by any decision of the administrative official. Such appeal shall be taken within 15 days' time after the decision has been rendered by the administrative official by filing with said official and with the board of adjustment, a notice of appeal specifying the grounds thereof. The official shall forthwith transmit to the board all the papers constituting a record upon which the action appealed from was taken. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as give notice to the parties in interest, and decide the same within a reasonable time.

(d)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

(2)

To hear and decide special exceptions to the terms of the chapter upon which the board is required to pass under this ordinance.

(3)

To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done; provided, however, [that] in no event shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of this ordinance in said district.

(4)

In exercising its powers the board may, in conformity with the provisions of V.T.C.A., Local Government Code § 211.009 revise or reform, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the official from whom the appeal is taken.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

(a)

Submission to zoning commission. Before taking action on any proposed amendment, supplement or change, the city council shall submit the proposed revision to the zoning commission for its recommendation and report. The zoning commission shall make its final report within 60 days, unless the zoning commission requests and council grants additional time due to the complexity of an application.

(b)

Public hearing; zoning commission. The zoning commission shall make a preliminary report and hold a public hearing thereon before submitting its final report. Written notice of all public hearings before the zoning commission on proposed changes in classification shall be sent to each owner, as indicated by the most recently approved city tax roll, of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city and is not included on the most recent city tax roll, notice to such owners shall be given by publication in the manner provided in subsection (c) below.

(c)

Public hearing; city council. After receipt of the final report from the zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be less than 15 days nor more than 30 days from the date of publication. However, the city council may, after giving published notice required herein, hold such public hearing jointly with the zoning commission, but the city council shall not take action until it has received the final report from the zoning commission.

(d)

Vote required in the event of protest. In the event of a written protest against such proposed amendment, supplement or change, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.

(Ord. No. 08-546, § 1.A, 1-9-08)

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this ordinance shall govern.