UNIFIED DEVELOPMENT CODE

Transcription

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3 UNIFIED DEVELOPMENT CODE

4 Table of Contents 1. General Provisions 1.1. Short Title 1.2. Scope and Purpose 1.3. Jurisdiction 1.4. Relationship to the Comprehensive Master Plan 1.5. Effective Date 1.6. Annual Review 1.7. Severability 1.8 Transitional Provisions 1.9 Conflicting Provisions 2. Development Review Bodies 2.1. City Council 2.2. Planning and Zoning Commission 2.3. Board of Adjustment 2.4. Design Review Board (Reserved) 2.5. Development Officer 2.6. Summary of Review Authority (Matrix) 3. Development Review Procedures 3.1. General Approval Procedures / Application Processing 3.2 Pre-Application Meeting 3.3. Zoning Map Amendment (Rezoning) 3.4. Plat Review 3.5. Concept Plan Review (PD and MUD) 3.6. Site Plan Review 3.7. Certificate of Appropriateness (Reserved) 3.8. Certificate of Demolition 3.9. Building Permit Certificate of Occupancy Sign Permit Specific Use Permit Variance Written Interpretation or Administrative Appeal Comprehensive Master Plan Amendment Page ii

5 4. Zoning Districts 4.1. Establishment of Districts 4.2. Official Zoning Map 4.3. Rules for Interpretation of District Boundaries 4.4. Application of District Regulations 5. District Purpose Statements and Supplemental Standards 5.1. Residential Zoning Districts 5.2. Non-residential Zoning Districts 5.3. Mixed Use Districts 5.4. Special Districts 5.5. Planned Districts 6. Use Regulations 6.1. Types of Uses 6.2. Specific Uses 6.3. Accessory Uses 6.4. Temporary Uses 7. General Development Standards 7.1. Applicability 7.2. Off-Street Parking Standards 7.3. Signs 7.4. Landscaping and Tree Protection (Reserved) 7.5. Accessory Structures 7.6. Buffer Requirements 7.7. Outdoor Lighting Standards 7.8. Outdoor Storage and Display 7.9. Traffic Impact Analyses Drainage and Stormwater Management Page iii

6 8. Subdivision and Design Improvements 8.1. Purpose and Applicability 8.2. Platting Requirements 8.3. Construction Plans and Procedures 8.4. Subdivision Design Standards 8.5. Requirements for Park Land Dedication 8.6. Construction, Guarantee of Performance, and Acceptance of Public Infrastructure 8.7. Responsibility for Payment of Installation Costs 9. Nonconformities 9.1. Intent 9.2. Extending or Enlarging a Nonconforming Use 9.3. Hardships Regarding Nonconforming Use 9.4. Nonconforming Lots 9.5. Nonconforming Use of Land 9.6. Nonconforming Structures 9.7. Nonconforming Use of Structures 9.8. Repairs and Maintenance 9.9. T ermination of Nonconforming Uses and Structures Uses Under Special Execution (Exception) 10. Enforcement Enforcement by Development Officer Penalties for Violation Penal Provisions Specific Enforcement and Penalties for Flood Hazard Protection Specific Penalties for Certificates of Demolition Judicial Remedies Page iv

7 11. Definitions 11.1 General 11.2 Defined Terms Appendix Development/Zoning Change Application Site Plan Checklist Minor Plat Checklist Preliminary Plat Checklist Final Plat Checklist Zoning Change Request Checklist Planned Development Checklist Pre-Application Meeting Agenda Pre-Application Site Plan Checklist Submittal/Review Schedule Subdivision or Zoning Variance Application Variance Checklist Page v

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9 1 CHAPTER! 1 GENERAL PROVISIONS 1.1. Short Title 1.2. Scope and Purpose 1.3. Jurisdiction 1.4. Relationship to the Comprehensive Master Plan 1.5. Effective Date 1.6. Annual Review 1.7. Severability 1.8. Transitional Provisions 1.9. Conflicting Provisions

10 CHAPTER Short Title This document may be referred to herein as the UDC or this Code. 1.2 Scope and Purpose The provisions of this UDC are enacted to protect the public health, safety, and general welfare in accordance with the goals of the Comprehensive Master Plan. The provisions of this UDC are specifically intended to: a. Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local economy, by promoting the vitality and development of commercial and industrial districts. b. Protect public health and safety and environmental quality by: i. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses and activities; ii. Facilitating the adequate and safe provision of transportation, water, sewage, drainage, parks, and other public facilities; and iii. Preserving and protecting existing trees and vegetation, woodlands, floodplains, stream and riparian corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development. iv. Minimizing losses due to destruction by nature or acts of God. c. Protect the quality of life of City residents, business owners, and visitors by: i. Ensuring the provision of adequate open space for light, air, and fire safety; ii. Promoting a healthful and convenient distribution of population by regulating the density and intensity of development. d. Enhancing the visual character of the City through the regulation of design, where such regulations are appropriate; i. Ensuring that the appearance, visual scale, and orientation of developments are compatible with that envisioned the Comprehensive Master Plan and other plans and the goals and objectives established by the Hondo City Council; and ii. Creating a sense of place for each development by requiring architectural designs and features that promote character, dignity, visual interest, utility, and strengthens the quality of life and economic welfare of the City to enhance its ability to compete for business and industry. e. Protect the fiscal and functional health of the City by: i. Fostering convenient, compatible, and efficient relationships among and between land uses; ii. Ensuring that facility and service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services; and iii. Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access. 1.3 Jurisdiction Generally. All provisions of this UDC apply within the corporate limits of the City of Hondo, Texas. The provisions of this UDC apply to all land, development, and the use of all land, buildings, and structures, unless specifically exempted herein or preempted by state or federal law Extraterritorial Jurisdiction (ETJ). In order to ensure orderly, fiscally, and environmentally responsible growth of the City, it is the intent of this UDC to fully enforce the following chapters of this Code in the ETJ: a. Regulations of signs, including installation, amortization, and removal, pursuant to Chapter 3: Signage; b. Plat approvals, pursuant to Section 3.4 of UDC and Sections , , and , Texas Local Government Code; Page 2

11 CHAPTER 1 c. The City does not regulate use or density within the ETJ. However, it does apply other provisions of this UDC based on the use of property in the ETJ, generally through Chapter 8: Subdivision Design and Improvements; and, d. To promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City and its ETJ, it is the intent of the City Council to fully exercise the authority granted to home rule municipalities by Texas Statutes, City s Code of Ordinances and any other applicable provisions identified in the UDC. 1.4 Relationship to the Comprehensive Master Plan The UDC should serve as an implementation tool for the City-Wide Development strategies identified in the City of Hondo Comprehensive Master Plan, adopted January Effective Date The effective date of this Code shall be January 8, Annual Review The UDC should be reviewed annually and upon recommendation of the Planning and Zoning Commission to the City Council, be amended accordingly. 1.7 Severability It is hereby declared to be the intention of the City Council of the City of Hondo that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional, illegal, or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section. If any application of this UDC to a particular use, building, structure, land, subdivision, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other use, building, structure, land, subdivision, or water not specifically included in said judgment. 1.8 Transitional Provisions Generally. It is the intent of the City Council to respect the property rights of existing or pending development approvals and development as set out in this Section Effect on Existing Ordinances. The City's existing ordinances, unless expressly repealed or amended by this UDC, or by some other City Council action, will remain in effect; provided, however, that where this UDC is more restrictive or where it includes additional provisions (including those that are inconsistent or in conflict with existing ordinances) then the City will enforce this UDC Effect on Pending Applications. a. Each application for development approval shall be evaluated by the regulations that were in effect at the time the complete application was submitted. b. Applications for development approval that were not pursued with due diligence may expire pursuant to this UDC Effect on Development Approvals or Agreements that Predate the Effective Date. a. It is the intent of the City Council to respect existing development approvals or agreements. Development that is approved or for which there is an executed agreement may be carried out within the scope of that development approval or agreement, including applicable standards in effect at the time of the approval or agreement, provided that the approval or agreement is valid and has not lapsed, as set out in this UDC, or other applicable provisions of this UDC, or in the agreement itself. b. Development approvals that are valid on the effective date of this UDC, are valid for the duration specified in or at the time approval. If no duration was in effect at the time of Page 3

12 CHAPTER 1 approval, the respective approval shall expire in accordance with this UDC, or other applicable provisions of this UDC, or as specified in the agreement itself. c. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval or agreement. 1.9 Conflicting Provisions Generally. In the event that the provisions of this UDC conflict with each other or with other City ordinances: a. The more restrictive provision shall control, if the provisions were adopted at the same time; or b. The more recent provision shall control if the provisions were adopted at different times State and Federal Law. No part of this UDC relieves any applicant from compliance with applicable provisions of state or federal law. If a use, building, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the City. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this UDC, unless the application of this UDC is legally pre-empted. Page 4

13 CHAPTER 2! DEVELOPMENT REVIEW BODIES 2.1. City Council 2.2. Planning and Zoning Commission 2.3. Board of Adjustment 2.4. Design Review Board (Reserved) 2.5. Development Officer 2.6. Summary of Review Authority (Matrix)

14 CHAPTER City Council The City Council has all powers by the City Code of Ordinances and this Unified Development Code. The City Council shall have final decision-making authority on all planning-related regulations After a public hearing is held and after reports and recommendations are provided by the Development Officer, Planning and Zoning Commission or another board or commission of the City, the City Council shall hear and decide the following applications: a. Proposed amendments to the text of the UDC; b. Proposed amendments of the Official Zoning Map, including Specific Use Permits; c. Proposed Planned Developments; d. Variances that are not under the authority of the Board of Adjustment; e. Any other action not delegated to another board or commission as the City Council may deem necessary to implement the provisions of the UDC, provided such action is not contrary to the requirements of the UDC or State law Appeals The City Council shall hear and decide appeals from decisions of the Planning and Zoning Commission Final Decision-Making. The City Council shall have the final decision-making authority for the following applications and actions: a. Amendments to the text of this UDC; b. Amendments to the official zoning map (e.g., rezonings); c. Establishing a schedule of fees by separate resolution for administering and enforcing this UDC; d. Appeals and variances which are not under authority of the Board of Adjustment; e. After a public hearing and recommendation from the Planning and Zoning Commission, reviewing and deciding on amendments to the Comprehensive Master Plan, and development master plans; and f. Reviewing, deciding, or taking any other action necessary which is not delegated to the Planning and Zoning Commission, Zoning Board of Adjustment, other appointed board or commission, or City staff as the City Council may deem desirable and necessary to implement the provisions of this UDC and the goals and objectives of the City, provided that such action is not contrary to requirements of this UDC, the City's Home Rule Charter, or state law. 2.2 Planning and Zoning Commission There is hereby created a Planning and Zoning Commission to be composed of at least seven (7) members who are qualified voters and residents of the City. The Planning and Zoning Commission is authorized by Chapter 211, Municipal Zoning Authority, of the Tex. Local Gov't Code. This Section is adopted pursuant to these statutory and municipal authorizations. Consequently, amendment of the state statue after the effective date may modify, delete, or supplement the provisions of this Section Time and Place of Meetings. The Planning and Zoning Commission shall meet in regular session at least once during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Planning and Zoning Commission may determine. All Planning and Zoning Commission meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code. Page 6

15 CHAPTER Minutes. The Planning and Zoning Commission shall keep minutes of its meetings, hearings and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Planning and Zoning Commission and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Planning and Zoning Commission shall be filed in the City Secretary's Office and shall be public records open for public inspection. The City Secretary's Office shall provide for the safekeeping of its minutes and records Procedure a. The term of the person to be appointed by the Mayor and approved by the City Council shall be two years. Each member may be eligible to serve three consecutive two-year terms if reappointed by City Council. After three consecutive two-year terms have been served by a member, there must be a two-year interval in service before he/she may be reappointed to the Planning and Zoning Commission by the City Council. In the event that a vacancy occurs during the term of any member, his/her successor shall be appointed to serve for the unexpired position of the term. b. Nothing in this section prohibits a member appointed to the Planning and Zoning Commission by the City Council to serve on a separate City Board or Commission consecutively after the expiration of his/her term on the Planning and Zoning Commission. c. Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur whenever the City Council finds that a member has resigned, has not maintained the qualifications required for appointment, or has failed to attend three (3) consecutive scheduled meetings or 50% of the total number of meetings held in any 12-month period Duties and Powers a. The Planning and Zoning Commission shall have the following duties: i. Review and Decision. The Commission shall review and decide the following types of applications for development approval: ii. Preliminary and final plats; iii. Site plans; and iv. Modify, vary, or waive the regulations, including the imposition of other reasonable conditions, of the standards included in the parts set out in Chapter 8, Subdivision Design and Improvements, in order that a subdivider may subdivide property in a reasonable manner, provided that such modification, variation, or waiver will not nullify the intent or purpose of this UDC and that the public welfare, interest of the City, and the protection of the surrounding area. b. Review and Recommendation after a Public Hearing. The Commission shall review and make a recommendation after a public hearing on the following: i. Amendments to the text for the UDC; and ii. Proposed amendments to the Official Zoning Map, including permitted uses and specific use permits. iii. Studies and Policy Recommendations to the City Council. The Commission is empowered to, on its own initiative or as requested by the City Council to: iv. Submit reports, plans and recommendations for the orderly growth, development and welfare of the City; c. Periodically review this UDC and the Official Zoning Map and make recommendations regarding amendments; and Page 7

16 CHAPTER 2 d. Periodically review the Comprehensive Master Plan and other plans of the City make recommendations regarding amendments. e. Other Powers of the Planning and Zoning Commission. i. Ensure that new development is consistent with the policies of the Comprehensive Master Plan; ii. Establish procedure and standards governing the preparation, filing, and approval of land subdivision plats and data to be submitted for approval; iii. Establish the alignment of streets within subdivisions with other existing or planned streets, or with other features of the City; iv. Establish minimum standards governing storm water management, flood damage prevention; streets, sidewalks, trails, and utilities; parking, loading, access; lighting; and other required improvements; v. Ensure conformance of subdivision and site development plans with the capital improvement program of the City; vi. Ensure that subdivisions and subdivision improvements are designed to: Reduce potential impacts on street congestion by: providing alternative travel routes; promoting alternative modes of transportation; shortening journey to work trips; or lessening overall vehicle miles traveled; Promote the orderly layout and use of land; Secure safety from fire and other dangers; Mitigate the impacts and threats of life and property due to flooding resulting from significant storm events; Facilitate adequate provision of transportation, potable water, wastewater, parks, playgrounds, and other public requirements; Protect groundwater and surface water resources from contamination; Assure the prospective purchaser of a subdivision lot that necessary streets, sewers, drainage, sidewalks, and parks are available; Protect the integrity of the purchaser s title by requiring certification that monuments and markers are installed according to the locations designated on the approved plat; Assure that facilities to be accepted and maintained by the City are properly located and constructed; Approve street names concurrently with the approval of the subdivision; Ensure lots on major street intersections and at all acute angle intersections are not likely to be dangerous to the traffic movement; Review, consider, and recommend to the City Council, in coordination with the Development Officer for the location of acreage reserved for parks, or playgrounds; Accept a performance bound as a guarantee in-lieu of completed improvements; Review, consider, and impose to be developed in phases; 2.3 Board of Adjustment There is hereby established a Board of Adjustment to be composed of five (5) regular members who shall be qualified electors of the City. Up to five (5) alternate members may be appointed by the City Council. The Zoning Board of Adjustment is authorized by Texas Local Government Code , Board of Adjustment. This Section is adopted pursuant to this statutory authorizations. Consequently, amendment of the State Statue after the effective date may modify, delete, or supplement the provisions of this Section Time and Place of Meetings. The Zoning Board of Adjustment shall meet at least monthly if business is at hand during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Zoning Board of Adjustment may determine. All Zoning Board of Adjustment meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code. Page 8

17 CHAPTER Minutes. The Zoning Board of Adjustment shall keep minutes of its meetings, hearings, and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Zoning Board of Adjustment, and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Zoning Board of Adjustment shall be filed in the City Secretary's Office and shall be public records open for public inspection. The City Secretary's Office shall provide for the safekeeping of its minutes and records Procedure a. The Board shall elect a chairman from among its members to preside at meetings. Four (4) members of the Board shall constitute a quorum for the conduct of business. However, 75% of the membership of the board must hear, and a concurring vote of 75% of the membership is necessary to: b. Reverse an order, requirement, decision, or determination of an administrative official; c. Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or d. Authorize a variation from the terms of a zoning ordinance Duties and Powers The Board of Adjustment shall review and decide variances from the Zoning Development Standards Appeal from Decision of Board Any person aggrieved by any decision of the Board of Adjustment, or any officer, department or other board or commission of the City, may appeal the decision or action of the Board of Adjustment by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) calendar days from the day the Board renders its decision, and not thereafter. The official day of Board decision shall be the day that the minutes, of the meeting in which the Board considered the appeal, are filed with the City Secretary. The time period set forth herein shall be deemed jurisdictional. 2.4 Design Review Board (Reserved) 2.5 Development Officer The Development Officer shall be the designated authority charged with the administration and enforcement of this Ordinance. The City Manager or a designee of the City Manager shall serve in this capacity. The Development Officer may also serve as the staff liaison to the Planning and Zoning Commission, Board of Adjustment, city staff, and citizens relating to the administration, interpretation, implementation, and enforcement of the provisions of this Ordinance Duties: The Development Officer shall have the following duties: a. Shall review all development applications and submittals in accordance with the procedures and standards of this Ordinance. b. Shall have the power to make inspections of construction sites, buildings and premises to carry out the duties prescribed herein. c. Shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this Ordinance. d. Shall certify all Certificates of Occupancy prior to their issuance. e. Shall investigate alleged violations of this Ordinance, and shall conduct a visual inspection of all uses within the City. If a violation or suspected violation is found, enforcement efforts shall be undertaken by the Code Enforcement Division. Page 9

18 CHAPTER 2 f. Shall perform such other duties as assigned by the City Manager relating to the administration, interpretation, implementation, and enforcement of the provisions of this Ordinance. 2.6 Summary of Review Authority (Matrix) Application Type City Council Planning and Zoning Commission BOA Development Officer City Council Master Plan Amendment D R RR Zoning Map Amendment D R RR Specific Use Permit D R RR Planned Development D R RR Variances (Not BOA) D R RR Written Interpretation/Administrative Appeal D R RR Annexation D RR Development Agreement D R RR Planning and Zoning Commission Preliminary Plat A D RR Final Plat A D RR Site Plan A D RR Variance (Subdivision) A D RR Zoning District Boundary Interpretation A D RR Board of Adjustment (BOA) Variance (Zoning) D* RR Administrative Appeal D RR Development Officer Interpretation A D Sign Permit A D Minor Plat A D Certificate of Occupancy A D *Appeals for BOA decisions may be appealed to the 38th District Court in Medina County, pursuant Section of the UDC KEY: A=APPEAL R=RECOMMEND D=FINAL ACTION/DECISION RR=REVIEW/REPORT Page 10

19 CHAPTER 3 DEVELOPMENT REVIEW PROCEDURES 3.1. General Approval Procedures / Application Processing 3.2 Pre-Application Meeting 3.3. Zoning Map Amendment (Rezoning) 3.4. Plat Review 3.5. Concept Plan Review (PD and MUD) 3.6. Site Plan Review 3.7. Certificate of Appropriateness (Reserved) 3.8. Certificate of Demolition 3.9. Building Permit Certificate of Occupancy Sign Permit Specific Use Permit Variance Written Interpretation or Administrative Appeal Comprehensive Master Plan Amendment

20 CHAPTER General Approval Procedures / Application Processing Development procedures are outlined below. Development applications and checklists are available in the Appendix of the UDC. 3.2 Pre-Application Meeting The City offers Pre-Application Meetings to all residents, developers, and builders who are contemplating submitting an application for development approval. During a Pre-Application Meeting, the Development Officer shall explain the steps in the application process and gives initial feedback about the applicant s proposal. The two-way communication of information is vital to an efficient process and the City encourages applicants to attend these meetings well before any application is filed. Early City input has the potential to help applicants avoid costly design changes Pre-Application Meetings require submittal of a Pre-Application Site Plan for review (See Appendix for Pre-Application Site Plan Submittal) which shall include the following: a. The location of the project; b. The proposed uses (in general terms); c. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities; d. The relationship to existing development and street right-of-way; e. The presence of natural resources, floodplains, and floodways on the parcel proposed for development; and f. Any other conditions or items that the applicant believes are relevant to the processing of the application. 3.3 Zoning Map Amendment (Rezoning) The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. Recommendations by Planning and Zoning Commission: Before taking action on any proposed amendment, supplement, or change, the City Council may submit the same to the City Planning and Zoning Commission for its recommendation and report Zoning on Newly Annexed Territory a. All territory hereafter annexed to the City of Hondo shall be temporarily classified as RE, Residential Estate Zoning District, until permanent zoning is established. i. Residential Districts Permanent or Temporary: RE Residential Estate Zoning District can be either a permanent zoning or temporary zoning category. If used when annexing new territory, it shall be considered temporary zoning. If, after public hearings, the Planning and Zoning Commission and City Council determine that RE is the proper zoning then that district is considered permanent zoning. ii. Other Permits: An application for a permit for any use other than that specified in the paragraph above shall be made to the Development Officer and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission, in making its recommendation to the City Council concerning any such permit, shall take into consideration the appropriate land use for the area, as shown in the Comprehensive Master Plan. The City Council, after receiving and reviewing the recommendation of the Planning and Zoning Commission, may by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application. Page 12

21 CHAPTER 3 b. Questions Arising on Zoned Areas Where physical features of the ground are at variance with information shown on the official Zoning Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved, the property shall be considered as classified RE Residential Estate Zoning District, temporarily, in the same manner as newly annexed territory. The issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions prescribed in the UDC for temporarily zoned areas. c. Zoning Change Application: i. Any person, corporation, or group of persons having a proprietary interest in any property, upon proof of such interest, may petition for a change or amendment to the provisions of this ordinance, or the Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. A Zoning Change Application and Zoning Change Submittal must be presented for consideration of a zoning change (See Appendix for Zoning Change Submittal). ii. Applications for a rezoning may also be initiated by a majority vote of the City Council. d. Public Hearing Requirement: i. In accordance with Chapter 211 of the Texas Local Government Code, the Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, and may be served by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City Tax Roll. ii. Notice of Public Hearing: In accordance with Chapter 211 of the Texas Local Government Code, a public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the City of Hondo Review and Recommendation: a. Staff Review. Development Officer shall review each proposed rezoning and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Development Officer shall provide a report and recommendation to the Planning and Zoning Commission. b. After the public hearing, the Planning and Zoning Commission shall make a final report to the City Council. c. If the Planning and Zoning Commission fails to issue a final report after 60 days to the City Council, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Council meeting Effect of Decision a. The City Council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Development Officer and Planning and Zoning Commission: b. Approve the rezoning by ordinance; Page 13

22 CHAPTER 3 c. Approve the rezoning by ordinance with conditions or modifications (e.g., change the zoning on a designated portion of the property or change the zoning to another designation); d. Deny the rezoning; or e. Refer the proposed rezoning back to the Planning and Zoning Commission for further consideration No application for rezoning shall be considered within one year of denial of a request by the City Council for the same classification on the same property. 3.4 Plat Review Before any plan, plat, or replat of a subdivision of land inside the city, or within one (1) mile of the city limits thereof shall be recorded with the County Clerk of Medina County, it shall first be approved by the Planning and Zoning Commission of the city in conformity with the provisions of this article. No transfer of land in the nature of a subdivision as defined herein shall be exempt from the provisions of this article even though the instrument or document of transfer may describe the land so subdivided by metes and bounds. The filing of any plan, plat, or replat without complying with the requirements of this article, or the transfer of land by filing of any instrument in the nature of a conveyance without having first complied with the requirements of this article, shall be deemed a violation of the provisions of the UDC Preliminary Plat a. All persons desiring to subdivide a tract of land within the jurisdiction of the UDC shall first prepare and submit to the Planning and Zoning Commission, a preliminary plat together with supplementary material as specified hereinafter (See Appendix for Preliminary Plat Submittal). No final plat shall be approved until a preliminary plat is approved pursuant to this Section. b. Four (4) copies of the preliminary plat and supplementary material shall be submitted to the Planning and Zoning Commission with written application for conditional approval at least thirty (30) days prior to the meeting at which it is to be considered. c. On receipt of a preliminary plat and other information, the Development Officer shall perform a technical review of the plat to determine that the plat is administratively complete and provides all information required by this ordinance, or as may be requested by the Planning and Zoning Commission. Upon a determination that the plat is administratively complete, the Commission shall immediately provide the subdivider written notice of such determination and render a decision thereon within thirty (30) days from the date notice is provided. Upon a determination that the plat is incomplete or the Commission requires additional information, the Commission shall provide the subdivider written notice of same and specify in the notice the precise information needed for the plat to be considered administratively complete. The Commission shall not render a decision on any plat until it is deemed administratively complete. The following data shall be shown on the preliminary plat: i. Name of the proposed subdivision, north arrow, scale, and date; ii. The name and contact information for the owner, subdivider, engineer, surveyor, land planner, or any other designer responsible for the survey and design; iii. Location of boundary or property lines width and location of platted streets, alleys, and easements within or adjacent to the property being subdivided; iv. Location of boundary or property lines width and location of pipelines, present physical features on the land including natural and artificial water courses, ditches, ravines, culverts, bridges, present structures and any other features directly pertinent to the land being subdivided, location of existing utilities, showing pipe sizes and capacities of sewer and water mains and drainage facilities; Page 14

23 CHAPTER 3 v. Outline of any existing wooded areas and the location, species, and size of any important individual trees; vi. Topographic map of the property with contour intervals of one-foot, with all grades shown tied to City datum of any public authority that may be established in the area; vii. A description of the property with approximate acreage and total number of lots; viii. The street system design, location and width of proposed streets, easements, and alleys, building lots and other features and their relationship to streets, alleys, and easements in adjacent subdivision; ix. A vicinity map; x. Zoning district classification and land use designation of the land within the subdivision; xi. Proposed water distribution system; xii. Proposed sewage collection system; xiii. On-site and off-site drainage; and xiv. Boundary of the subdivision, with bearings and distance. d. When a preliminary plat has been approved, the developer may thereafter file a final plat or plats of sections of the subdivision upon which approval of the preliminary plat has been obtained, and upon the filing of a final plat or plats covering a portion of such subdivision, the remainder of the preliminary plat shall be deemed as considered approved or conditionally approved; provided, however, that such approval or conditional approval of the remainder of the preliminary plat shall be limited to a two year period; provided further, however, that the Commission may, at its discretion, extend such period of validity. When a preliminary plat has been approved and thereafter the developer fails to file a plat of the subdivision or a section thereof within a period of two years, the approval of the preliminary plat shall be void except, however, the Commission may, in its discretion, extend such period of validity. e. The action of the Planning and Zoning Commission shall be noted on three (3) copies of the preliminary plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the developer, one (1) copy retained by the Planning and Zoning Commission, and the other copy shall be forwarded to the City Secretary. As required by Section (b), Approval Procedures, of the Tex. Local Gov't Code, the City Council shall hold a public meeting to act on the preliminary plat within 30 days of the date of the recommendation for approval by the Planning and Zoning Commission. A plat is considered approved by the City unless the City Council disapproves the plat during that time period. f. A preliminary plat that has been approved and the subdivider fails to file a final plat of the subdivision or a section thereof within one year, the approval of the preliminary plat shall be void except, however, the City Council may, in its discretion extend such period Final Plat a. The final plat shall conform substantially to the preliminary plat as approved and, if desired by the developer, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. (See Appendix for Final Plat Submittal) b. Application for approval of the final plat shall be submitted in writing to the Planning and Zoning Commission at least thirty (30) days prior to the meeting at which it is to be considered. c. Four (4) copies of the final plat and other exhibits required for approval shall be prepared, and shall be submitted to the Planning and Zoning Commission within one (1) year after Page 15

24 CHAPTER 3 approval of the preliminary plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Commission. d. The following data shall be shown on the final plat: i. The title or name by which the subdivision is to be identified; ii. The north arrow and scale of the plat; iii. The name of the state registered professional engineer, or state licensed or registered land surveyor responsible; iv. The name and address of the owner and engineer or surveyor; v. A definite legal description and identification of the tract being subdivided which description shall be sufficient for the requirements of title examination; vi. A descriptive diagram drawn to scale, showing by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivisions, plat, or grant out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider; vii. The boundaries of the subdivided property indicated by a heavy line and tied by dimension to adjoining tracts showing the location or designation of streets, alleys, parks, and other areas intended to be dedicated or deeded for public use, with proper dimensions; viii. Topographic map of the property with contour intervals of one-foot, with all grades shown tied to City datum of any public authority that may be established in the area; ix. The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designation by number or lots and blocks; x. All lot, block, and street boundary lines, with lots and blocks numbered or lettered consecutively; xi. Building lines and easements defined by dimension; xii. Width of all streets (measured at right angles or radically, where curved); xiii. All principal lines have the bearing given and deviation from the norm indicated; xiv. The length and bearing of all straight lines, radii, arc lengths, tangent length, and central angles of all curves shall be indicated along the boundary line of the subdivision and each block. All dimensions along the lines of each lot shall be shown. The curve data pertaining to block or lot boundary may be placed in a curve table at the base of the plat; xv. The description and location of all lot and block corners and permanent survey reference monuments shall be shown. Lot markers shall be one-half inch reinforcing bar, 24 inches long, or approved equal, and shall be placed at all lot corners flush with the ground; xvi. Any covenants, conditions and restrictions (CCRs) proposed for the property; xvii. A waiver of any claim(s) against the City for damages occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to grades established in the subdivision; xviii. The final plat shall be accompanied by a written agreement of the developer to install improvements required by this UDC together with a performance bond (corporate or personal surety), letter of credit, or certified check in a sufficient amount to assure the completion of all the required improvements; xix. A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgement shall be in the form required in the Page 16

25 CHAPTER 3 conveyance of real estate. A certificate from each tax collector of a political subdivision in which the property is located must accompany the plat to be recorded in the Office of the County Clerk shall that all taxes owning to the state, county, and/or City and any other political subdivision have been paid in full to date. Approval and acceptance of all lien holders shall also be included; and xx. A certificate by a registered professional engineer, state licensed, or registered land surveyor in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the engineer or surveyor who prepared the plat did not make the original boundary survey, this fact should be noted in the certificate. Also, the certificate should show whether or not the tract is within one mile of the City limits, measured in a straight line from the nearest points in the City limits, unless the information is shown in suitable manner elsewhere on the face of the plat If the City Council fails to act on a plat within the prescribed period, the City on request shall issue a certificate stating the date the plat was filed and that the City Council failed to act on the plat within the period. The certificate is effective in place of the endorsement required In accordance with Section , Plat Required, of the Tex. Local Gov't Code, the Code Official will ensure all applicable requirements have been met prior to recording the plat with the Medina County Clerk within 30 days of the date of the final approval. Two copies of the recorded plat and one mylar sepia will be returned to the developer Platting Exceptions a. A division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated; b. A division of land for agricultural purposes, and where no building construction is involved, in parcels of five (5) acres or more, unless any such subdivision of five (5) acres or more includes the planning or development of a new street or access easement Minor Plats a. The Development Officer may approve the following: i. The division of land involving four (4) or fewer lots with each having at least 50 feet fronting an existing street and not requiring the creation of any new street or the extension of municipal facilities (with a length of fifty (50) feet or greater); and ii. A replat that does not require the creation of any new street or the extension of municipal facilities. iii. An applicant seeking approval under subsections ( ) and ( ) above, must submit an engineer s certificate to show that the division of land does not require the creation of any right-of-way, streets, drainage improvements, utility extensions or variances from the UDC. iv. The Development Officer may, for any reason, elect to present the minor plat for approval to the Planning and Zoning Commission. v. The Development Officer shall not disapprove the plat and shall be required to refer any plat which the Development Officer denies approval, to the Planning and Zoning Commission. vi. At the time a minor plat application is presented to the Planning and Zoning Commission, a filing fee shall be included with the application. vii. Upon submission of an application, the required filing fee, and engineers certificate, if required, in final form for a subdivision that qualifies under this section, the Commission shall, without further procedures, hear and finally approve such application at its next regularly scheduled monthly meeting after the same is filed and after a thirty-day review period or refer the application to the City Council. Page 17

26 CHAPTER 3 b. Procedure Where land in an existing subdivision is to be resubdivided and where such land abuts upon a street or streets of adequate width and is so situated that no additional streets, alleys, easements or other public property is required, and where the proposed changes are in accordance with the zoning for the district in which such replat is located, an application for approval of such plat, together with four (4) copies of such plat shall be submitted to the Planning and Zoning Commission at least four (4) days prior to the meeting at which it is to be considered. The Planning and Zoning Commission shall have authority to approve or disapprove minor plats, subject to approval by the City Council (See Appendix for Minor Plat Submittal) Replat a. Any person wishing to revise a subdivision plat which has been previously filed for record must make application to the Planning and Zoning Commission. The proposed replat shall meet all the requirements for the UDC. b. In the event the proposed replat involves property previously developed or zoned as single-family or duplex residential use, the following shall be required: After application for a replat, the City Secretary shall give notice of the application to be published in the official newspaper of the city at least fifteen (15) days prior to the meeting of the Planning and Zoning Commission at which the application shall be considered. Such notice must include a statement of the time and place at which the Planning and Zoning Commission will meet to consider the replat and to hear protests thereto at a public hearing. Additionally, written notice must be sent to all owners of property located within two hundred feet (200 ) of the property upon which the replat is requested. Such notice may be served by depositing said notice, properly addressed and postage paid, at the local post office. 3.5 Concept Plan Review (PD and MUD) Ownership: An application for approval of a Site Plan under the Planned Development District(PD)/Mixed Use Development (MUD) regulations may be filed by a person having a legal interest in the property to be included in the Site Plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, prior to final approval of the Site Plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application Application: An application for a Planned Development District (PD) may be made to the Planning and Zoning Commission in the same manner that an application for zoning change is made. Applications for approval of a Planned Unit Development District shall be processed according to the procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in this section (See Appendix for PD Submittal) Procedure: An application for a Planned Development shall be accompanied by a development site plan meeting the requirements set forth in the UDC. a. Upon receipt of an application, the Development Officer shall make notification of a public hearing as set forth in the UDC. b. The Development Officer shall prepare a written report analyzing the development site plan and such report shall be given to the Planning and Zoning Commission and applicant in accordance with the UDC Submittal and Review Schedule. Page 18

27 CHAPTER Site Plan Review Application for approval of site plans is required to be submitted to the Development Officer prior to any site development A Site Plan is the final plan required in the Site Plan approval process. The Site Plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to ensure compliance with applicable development regulations; coordinate and document the design of public and private improvements; coordinate the subdivision of land, granting of easements, right-of-way development agreements and provision of surety; promote the health, safety and welfare of the public; and to identify and address environmental concerns. An approved Site Plan shall be effective for a period of two (2) years from the date of approval, at which time the Site Plan will expire unless evidence of substantial progress towards completion is provided. Evidence of substantial progress towards completion is the submission, receipt and approval of engineering plans and building permits prior to the expiration date An approved and valid site plan shall be required prior to the approval of any construction plan and permit for and development of nonresidential development, residential development having more than two (2) dwelling units, manufactured home parks, and parking lot development of more than twenty (20) spaces The property owner shall file an application for the approval of a Site Plan with the Development Officer (See Appendix for Site Plan submittal) 3.7 Certificate of Appropriateness (Reserved) 3.8 Certificate of Demolition Prior to removal of any structure within the City of Hondo, a certificate of demolition is required. 3.9 Building Permit No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Development Officer authorized to issue the same. No building permit shall be issued except in conformity with the provisions of this ordinance and all applicable building codes of the City Certificate of Occupancy It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued stating that the proposed use of the building or land conforms to the requirements of this ordinance Sign Permit It shall be unlawful to construct or install any sign or billboard except as is expressly permitted in the UDC Permit and fee required a. No person, firm or corporation shall construct, erect, install, place, alter, repair or relocate any sign or billboard within the city limits of the City of Hondo, Texas without obtaining a sign permit from the Development Officer. Each application for a sign permit must be accompanied by an initial permit fee and a submission of drawings, descriptions and specifications as are reasonably determined by the Development Officer to be necessary for proper review of the application. Upon receipt of a completed application accompanied by the requisite fee, the Development Officer shall approve or deny said permit. b. If the sign or property owner wishes to relocate an existing off-premise sign, a new application must be submitted along with the permit fee to the Development Officer for approval. c. Any person, firm, or corporation proposing to install a sign along a roadway regulated by the Texas Department of Transportation (TxDOT) shall provide the Development Officer with a copy of written authorization or approval of such sign from the Texas Department of Transportation (TxDOT) at the time that an application is made to install the sign. Page 19

28 CHAPTER 3 d. Exemptions from Permit Requirement The following types of signs are exempt from the requirement to obtain a sign permit, provided the signs are not lighted, either internally or externally, and provided the signs comply with all other provisions of this Section and other applicable codes: Community pride signs, construction signs with an area of three (3) square feet or less, off-site event signs, on-site event signs with an area of three (3) square feet or less, flags, name plates, political signs, residential realty signs, commercial real-estate and banners, single-family address signs, community services signs and handheld signs. e. The following actions are also exempt from the requirement of a sign permit: repainting or replacing letters or characters on an existing sign, provided that the area of the sign is not enlarged and that the height of the sign is not increased, and that the sign does not advertise or announce a new business; changing the copy on a bulletin board or changeable copy sign; and replacing the fabric or other material of an awning sign when no other change is made in the sign Specific Use Permit Authorization: The City Council of the City of Hondo, Texas, after public hearing and proper notice to all parties affected and after recommendation by the Planning and Zoning Commission, may authorize the issuance of Specific Use Permits for the uses indicated by an S in the Use Table located in the UDC Special Requirements: The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit, may require from the applicant plans, information, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance of the Ordinance, establish conditions of operation, location, arrangement and construction of any specific use for which zoning is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions Application for Specific Use Permit: Any person, firm or corporation, either as landowner or tenant, may request the use of property which requires a Specific Use Permit. A Specific Use Permit may be granted after application has been properly made and a public hearing before the Planning and Zoning Commission and the City Council has been conducted. The proposed use must comply with all regulations and restrictions as contained in the UDC. In addition all requests for a Specific Use Permit must comply with all State and Federal laws and regulations applicable to such use. The Planning and Zoning Commission may recommend additional restrictions or stipulations as the facts and circumstances of each case may warrant. Specific Use Permits are valid conditioned upon that the permitted use continues and the applicant complies with all ordinances, codes, regulations, conditions, and stipulations of the City of Hondo and as set forth in this section Removal for Cause: A Specific Use Permit may be removed from a parcel or tract of land when it is found that it has continued to operate in violation of the conditions as originally granted. No action will be initiated by the City without prior written notification of such violation to the user and/or owner of the property. If after written notification the use continues without being addressed by the user and/or owner, or without the user and/or owner providing the City with a plan to bring the specific use into compliance with the original conditions of the Specific Use Permit, the City may schedule a public hearing, in accordance with state law regarding public notice for zoning changes. After a public hearing regarding the removal of Page 20

29 CHAPTER 3 the Specific Use Permit, the City may remove the permit in accordance with the procedures as provided in this ordinance Variance Zoning a. The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until it is determined. b. That the granting of the variance will not be contrary to the public interest; and i. That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. Unnecessary hardship shall mean physical hardship relating to the property itself and not a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owners own actions; and ii. That by granting the variance, the spirit of the Ordinance will be observed and substantial justice will be served. iii. The applicant shall have the burden of proving to the Board that the foregoing conditions have been met. c. Any appeal or variance granted by Board of Adjustment shall not be valid if construction authorized is not begun within one hundred eighty (180) days. Exercising of Powers: In exercising its powers, the Board may revise or reform wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. d. Appeal from Decision of Board: Any person aggrieved by any decision of the Board of Adjustment, or any officer, department or other board or Commission of the City, may appeal the decision or action of the Board of Adjustments by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the Board renders its decision, and not thereafter. The official day of Board decision shall be the day that the minutes, of the meeting in which the Board considered the appeal, are filed with the City Secretary. The time period set forth herein shall be deemed jurisdictional. e. Reapplication: No application for a variance or appeal which has been denied shall be again filed earlier than one (1) year from the date of original denial unless other property in the immediate vicinity has, within the said one-year period, been changed or acted on by the Board of Adjustment or City Council so as to alter the facts and conditions on which the previous Board action was based. Notwithstanding the foregoing, an applicant for a variance who did not attend the hearing on his/her application, either in person or through a representative, and whose application was subsequently denied without further hearing being held may reapply within thirty (30) days upon a showing of good cause for the applicants failure to appear. Such change of circumstances shall permit the rehearing of an appeal by the Board of Adjustment prior to the expiration of the one-year period, but such conditions shall in no way have any force in law to compel the Board of Adjustment, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered Page 21

30 CHAPTER 3 entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought Subdivision a. Hardship Where the Planning and Zoning Commission finds that extraordinary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the general community plan of these regulations. b. Conditions In granting variances and modifications, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified Written Interpretation or Administrative Appeal Any developer contesting any disapproval and/or the interpretation and/or application of any rule, standard, regulation, determination, requirement, or necessity set forth in this article, directly or by delegation of authority, shall have the right, after filing a written request with the Development Officer, to have a hearing thereon before the City Council of Hondo within thirty (30) days after the date of the filing of such request. The City Council of Hondo shall be the final judge in all such cases and the substantial evidence rule shall apply Comprehensive Master Plan Amendment The City Council may amend the text of this UDC to implement the Comprehensive Master Plan, as may be amended from time to time, conform to State or Federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City Petitions for amendments to this UDC shall be made to the Development Officer for presentation to the Planning and Zoning Commission for review and recommendations to the City Council Recommendations and decisions regarding petitions for amendments to text of this UDC are legislative in nature, but shall be based on consideration of all the following criteria: a. Will help to implement the adopted Comprehensive Master Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Master Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Master Plan when compared to the existing UDC. b. Is consistent with the stated purposes of this UDC. c. Will maintain or advance the public health, safety, or general welfare. d. Will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues. e. Will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives Procedure a. The Planning and Zoning Commission shall hold a public hearing. The procedure shall incorporate the following additional requirement: Staff Review. The Development Officer shall review each proposed amendment in light of the approval criteria above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Development Officer shall provide a report and recommendation to the Planning and Zoning Commission. Page 22

31 CHAPTER 3 b. Planning and Zoning Commission Recommendation i. The Planning and Zoning Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Planning and Zoning Commission shall make a recommendation to the City Council. ii. If no final report is made within 45 days of the Planning and Zoning Commission s hearing, then the Planning and Zoning Commission may request an extension of time from the City Council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Commission. iii. Upon the Planning and Zoning Commission receiving the report for a proposed amendment and recommending a change, the Development Officer shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration. c. City Council Action. Upon receipt of the final report from the Planning and Zoning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment based on the approval criteria above. The City Council also may refer the proposed amendment back to the Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed). d. No Retroactive Cure of Violations. The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this UDC. Page 23

32 CHAPTER 3 Page 24

33 CHAPTER 4 ZONING DISTRICTS 4.1. Establishment of Districts 4.2. Official Zoning Map 4.3. Rules for Interpretation of District Boundaries 4.4. Application of District Regulations

34 CHAPTER Establishment of Districts The City of Hondo, Texas, is hereby divided into fifteen (15) zoning districts. The use, height, and area regulations as established herein are uniform in each district. The fifteen (15) zoning districts established herein shall be known as: Abbreviated Designation RE R1 R2 R3 PH MF MMH CBD C CL LI HI GP MUD 20th MUD Zoning District Name Residential Estate Residential One Residential Two Residential Three Patio Home District Multi-Family Mobile/Manufactured Home Central Business District Commercial Commercial - Light District Light Industrial Heavy Industrial Government/Public Mixed-Use 20th Street Mixed-Use District Classification of New and Unlisted Uses New or unlisted uses will be referred to the Planning and Zoning Commission, who will make a determination as to the appropriate classification of the new or unlisted use based on findings of fact in relation to the nature of the new or unlisted use. The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the district or districts within which such uses will be permitted The zoning districts created by this UDC are intended to implement the City's Comprehensive Master Plan, which may be amended from time to time. When a lot or parcel is zoned in a manner that is consistent with the City's Comprehensive Master Plan, then the City Council may find that approvals granted pursuant to the standards of this UDC are consistent with the intent of this adopted plan. 4.2 Official Zoning Map Availability of Official Zoning Map Zoning districts are shown on the map entitled "official zoning map" of the City. The Official Zoning Map shall be available to the public at all hours when the City Hall is open to the public. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Office of the City Secretary, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. Page 26

35 CHAPTER Changes and Amendments The Official Zoning Map shall be made current from time to time to reflect the changes and amendments, if any, that are approved by the City Council. Any unauthorized change of whatever kind in the Official Zoning Map by any person is prohibited Replacement of the Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map and bring the Official Zoning Map up-to-date to reflect any and all amendments or changes in the same. 4.3 Rules for Interpretation of District Boundaries In determining the location of zoning district boundaries on the map accompanying and made a part of these regulations, the following rules shall apply: Centerline of Public Ways: Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of these regulations shall be the zoning boundary; or Platted Lot Lines: Where boundaries are shown to enter or cross platted blocks, or property lines of lots, such lines as they exist at the time of adoption of these regulations, shall be the zoning boundary; or Unplatted Lines: Where boundaries are shown on unsubdivided property, the location shall be determined by scale shown on the map unless dimensions are given on the map; or City Limits Lines: Boundaries indicated as approximately following city limits shall be construed as following such city limits; or Railroad Lines: Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines; or Shorelines: Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; or Streams: Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed as following such centerlines; or Distances not indicated: Boundaries indicated as being parallel to or as extensions of features indicated in items a through g shall be so construed. Distances not specifically indicated on the Zoning Map, shall be determined by the scale of the map; or Abandoned Public Ways: Whenever any street, alley, or other public way is vacated by official action of the City Council, or whenever such area is franchised for building purposes the zoning district lines adjoining each side of such street, alley, or other public way, shall automatically extend to the centerline of such vacated street, alley, or way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts. 4.4 Application of District Regulations General Referral to Planning and Zoning Commission: The Development Officer or the City Secretary shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the Page 27

36 CHAPTER 4 amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities, such as water and sanitary sewer Assignment to Use District The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which the use should be permitted Recommendation to the City Council: The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall, by ordinance, approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings. Page 28

37 CHAPTER 5 DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS 5.1. Residential Zoning Districts 5.2. Non-residential Zoning District 5.3. Mixed Use Districts 5.4. Special Districts 5.5. Planned Districts

38 CHAPTER Residential Zoning Districts Generally. The minimum lot size, minimum, maximum density, impervious cover development, and utility requirements for each district are as set out in this Chapter RE Residential Zoning Districts a. Purpose The purpose of this district is to provide for areas requiring minimum lot sizes of 15,000 square feet in order to promote low population densities and establish or maintain a rural character within the subdivision. b. Area Regulations Lot Size Lots for a permitted use shall have a minimum area of 15,000 square feet. Width of Lot Depth of Lot Residential Density Percent Impervious Area Height Front Setback Side Yard Setback Rear Yard Setback Exception to Setback Requirements c. Permitted Use Single-Family Dwelling Detached Industrialized Homes Church or Rectory Public or Denominational School Page 30 Minimum lot width shall be one hundred (100) feet, measured at the front setback line. Minimum lot depth shall be one hundred and forty (140) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. A Maximum of one (1) dwelling unit per lot (No Mobile/Manufactured Homes allowed). The combined area occupied by all buildings, structures, offstreet parking and paved areas shall not exceed sixty (60) percent of the total area. Maximum height of residential structures shall be thirty-five (35) feet or a maximum or two (2) stories. Minimum of twenty-five (25) feet from property line adjacent to front street. The front yard setback is also referred to as Building Line. A minimum setback of ten (10) feet from a side property line and fifteen (15) feet from a side street shall be required. If the garage faces the side street, a distance of twenty (20) feet from the property line will be required. A minimum rear yard setback of twenty-five (25) feet from property line. When multiple lots are joined together, and the owner of said lots places a residential or other allowed structure on the lots, the interior lot lines shall be disregarded and the owner is not required to replat with vacating.

39 CHAPTER 5 Park, Playground, or Community Center Registered Family Home Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) d. Specific Uses Group Home for the Developmentally Disabled College or University Day Care Center or Kindergarten School Foster Home Facility Library (Public) Nursing Home or Residence for the Elderly Cemetery or Mausoleum Community Center (Public) Electrical Substation Fire Station or Similar Public Safety Building Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club R1 RESIDENTIAL ONE DISTRICT a. Purpose The purpose of this district is to allow dwellings that are designed and constructed for occupancy by one family and located on a lot having a minimum of 7500 square feet. Only one dwelling unit per lot will be allowed in this district. These dwellings shall have no physical connection to a building located on any other lot or tract of land. b. Area Regulations Lot Size Width of Lot Lots for permitted use shall have a minimum area of seven thousand five hundred (7500) square feet of area. Alleyway required. Minimum width of lot shall be sixty (60) feet, measured at the front setback line. Depth of Lot Minimum depth of lot shall be one hundred and twenty (120) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. Residential Density A maximum of one (1) dwelling per lot (No Mobile/Manufactured Homes allowed). Page 31

40 CHAPTER 5 Percent Impervious Area The combined area occupied by all buildings, structures, offstreet parking and paved areas shall not exceed sixty (60) percent of the total lot area. Height Front Yard Setback Side Yard Setback Rear Yard Setback Exception to Setback Requirements c. Permitted Use Single-Family Dwelling Detached Industrialized Homes Church or Rectory Public or Denominational School Park, Playground, or Community Center Registered Family Home Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) d. Specific Use Group Home for the Developmentally Disabled College or University Day Care Center or Kindergarten School Foster Home Facility Library (Public) Nursing Home or Residence for the Elderly Cemetery or Mausoleum Chiropractic Clinic Community Center (Public) Electrical Substation Maximum height of thirty-five (35) feet, or two (2) stories. Minimum of twenty-five (25) feet from the property line adjacent to front street. The front yard setback is also referred to as the Building line. Minimum setback of fifteen (15) feet from the property line that is located adjacent to a side street. If the garage faces the side street, a distance of twenty (20) feet from the property line will be required. Minimum setback of ten (10) feet from a side property line that represents a common side property line with an adjoining property other than a dedicated street or other right-of-way. A minimum rear yard setback of twenty-five (25) feet from property line. When multiple lots are joined together, and the owner of said lots places a residential or other allowed structure on the lots, the interior lot lines shall be disregarded and the owner is not required to replat with vacating. Page 32

41 CHAPTER 5 Fire Station or Similar Public Safety Building Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club Florist or Garden Shop Beauty Shop or Barbershop and Sun Tanning Salon Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair R2 RESIDENTIAL TWO DISTSRICT a. Purpose The purpose of this district is to allow dwellings that are designed and constructed for occupancy by one family and located on a lot having a minimum area of 6,000 square feet. Only one dwelling unit per lot will be allowed in this district. These dwellings shall have no physical connection to a building located on any other lot or tract of land. b. Area Regulations Lot Size Width of Lot Depth of Lot Residential Density Lots for permitted use shall have a minimum area of seven thousand five hundred (7500) square feet of area. Alleyway required. Minimum width of lot shall be sixty (60) feet, measured at the front setback line. Minimum depth of lot shall be one hundred and twenty (120) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. A maximum of one (1) dwelling per lot (No Mobile/Manufactured Homes allowed). Percent Impervious Area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed sixty (60) percent of the total lot area. Height Front Yard Setback Side Yard Setback Maximum height of thirty-five (35) feet, or two (2) stories. Minimum of twenty-five (25) feet from the property line adjacent to front street. The front yard setback is also referred to as the Building line. Minimum setback of fifteen (15) feet from the property line that is located adjacent to a side street. If the garage faces the side street, a distance of twenty (20) feet from the property line will be required. Minimum setback of ten (10) feet from a side property line that Page 33

42 CHAPTER 5 Rear Yard Setback Exception to Setback Requirements represents a common side property line with an adjoining property other than a dedicated street or other right-of-way. A minimum rear yard setback of twenty-five (25) feet from property line. When multiple lots are joined together, and the owner of said lots places a residential or other allowed structure on the lots, the interior lot lines shall be disregarded and the owner is not required to replat with vacating. c. Permitted Use; Single-Family Dwelling Detached Industrialized Homes Church or Rectory Public or Denominational School Park, Playground, or Community Center Registered Family Home Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) Specific Use Permit; d. Specific Use Group Home for the Developmentally Disabled Townhomes College or University Day Care Center or Kindergarten School Foster Home Facility Library (Public) Nursing Home or Residence for the Elderly Cemetery or Mausoleum Chiropractic Clinic Community Center (Public) Electrical Substation Fire Station or Similar Public Safety Building Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club Florist or Garden Shop Beauty Shop or Barbershop and Sun Tanning Salon Page 34

43 CHAPTER 5 Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair R3 RESIDENTIAL THREE DISTRICT a. Purpose The purpose of this district is to provide adequate space for a variety of medium density residential development, to include: small lot single-family residences; duplexes; townhomes; and mobile/manufactured homes. All allowed residential unit types shall be located on a lot having a minimum area of 6,000 square feet; and promoting a maximum density of four (4) dwelling units per lot (for duplexes, townhomes, triplexes and fourplexes). b. Area Regulations Lot Size Width of Lot Depth of Lot Minimum Dwelling Sq. Ft. (Duplexes and Townhomes) Residential Density Lots for permitted use shall have a minimum area of six thousand (6,000) square feet of area. Minimum width of lot shall be fifty (50) feet, measured at the front setback line. Minimum depth of lot shall be one hundred (100) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. Efficiency Units = 550 sq. ft. One-Bedroom = 650 sq. ft. Two-Bedroom = 800 sq. ft. Three-Bedroom = 950 sq. ft. A maximum of four (4) dwellings per lot (duplexes, townhomes, triplexes, fourplexes). Only ONE single-family detached dwelling (includes mobile/manufactured home) per lot. All mobile homes shall be tied down and skirted with nonflammable material before City of Hondo utilities are connected. Percent Impervious Area The combined area occupied by all buildings, structures, offstreet parking and paved areas shall not exceed sixty (60) percent of the total lot area. Height Front Yard Setback Side Yard Setback Maximum height of thirty-five (35) feet, or two (2) stories. Minimum of twenty-five (25) feet from the property line adjacent to front street. The front yard setback is also referred to as the Building line. Minimum setback of ten (10) feet from the property line that is located adjacent to a side street. If the garage faces the side street, a distance of twenty (20) feet from the property line will be required if the garage is less than sixty (60) feet from front property line. Minimum setback of five (5) feet from a side property line that represents a common side property line with Page 35

44 CHAPTER 5 Rear Yard Setback Exception to Setback Requirements an adjoining property other than a dedicated street or other right-of-way. A minimum rear yard setback of ten (10) feet. When multiple lots are joined together, and the owner of said lots places a residential or other allowed structure on the lots, the interior lot lines shall be disregarded and the owner is not required to replat with vacating. c. Permitted Use Single-Family Dwelling Detached Two-Family Dwelling Mobile/Manufactured Home as a Fixed Dwelling Triplex and Fourplex Dwellings Industrialized Homes Townhomes Church or Rectory Public or Denominational School Park, Playground, or Community Center Registered Family Home Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) d. Specific Use Permit Boarding House or Rooming House Group Home for the Developmentally Disabled College or University Day Care Center or Kindergarten School Foster Home Facility Library (Public) Nursing Home or Residence for the Elderly Cemetery or Mausoleum Chiropractic Clinic Community Center (Public) Electrical Substation Fire Station or Similar Public Safety Building Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club Page 36

45 CHAPTER 5 Florist or Garden Shop Beauty Shop or Barbershop and Sun Tanning Salon Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair PH PATIO HOME DISTRICT a. Purpose b. The purpose of the PH Patio Home district is to: i. promote sound municipal development and the health, safety, and general welfare of the citizens of Hondo by planning and managing the growth of various types of residential development. ii. respect the property rights of owners of real property near such designated areas and to enhance the land use of the designated area based on historical or existing usage. iii. provide for adequate light and air. iv. prevent the overcrowding of land. v. avoid undue concentration of population. vi. provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements. This district will provide adequate space for a variety of medium density residential development to include: small lot single-family residences, garden homes and patio homes, which also may allow zero lot line placement. All allowed residential unit types shall be located on a lot having a minimum area of forty-five hundred (4,500) square feet. c. Area Regulations Lot Size Width of Lot Depth of Lot Minimum Number of Lots Minimum Dwelling Requirements Percent Impervious Area Height Front Yard Setback Lots for permitted use shall have a minimum area of forty-five hundred (4,500) square feet. Minimum width of lot shall be forty (40) feet, measured at the front setback line. Minimum depth of lot shall be eighty-five (85) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. A minimum of six (6) adjacent lots shall be required for development of a patio home subdivision. 1,000 Square Feet Living Area (minimum) 2-Car Garage (minimum) 1 Dwelling per Lot (maximum) 90% Masonry Construction The combined area occupied by all buildings, structures, offstreet parking and paved areas shall not exceed seventy-five (75) percent of the total lot area. Maximum height of thirty-five (35) feet, or two (2) stories. Minimum of twenty (20) feet from the property line adjacent to front street in newly platted subdivisions. In existing Page 37

46 CHAPTER 5 Side Yard Setback Zero Lot Lines Rear Yard Setback subdivisions or infill lots of at least six (6) adjoining lots, the setback shall be twenty-five (25) feet minimum or greater to match existing requirements. The front yard setback is also referred to as the Building Line. Minimum setback of ten (10) feet from the property line that is located adjacent to a side street. If the garage faces the side street, a distance of twenty (20) feet from the property line will be required if the garage is less than sixty (60) feet from front property line. Minimum setback of five (5) feet from a side property line that represents a common side property line with adjoining property other than a dedicated street or other rightof-way. The five (5) feet yard setback on each side may be replaced with a zero setback on one side and a ten-foot setback on the opposite side as long as this pattern is repeated on the entire block of lots. Must have an adjacent five-foot maintenance easement. A minimum rear yard setback of ten (10) feet shall be maintained on lots without alleys. If an alley is provided, the rear setback shall be twenty (20) feet. d. Permitted Use Single-Family Dwelling Detached Industrialized Homes Townhomes Public or Denominational School Park, Playground, or Community Center Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Mini-Warehouse e. Specific Use Nursing Home or Residence for the Elderly Cemetery or Mausoleum Electrical Substation Fire Station or Similar Public Safety Building Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club Accountant/Bookkeeper Page 38

47 CHAPTER 5 Real Estate Law Offices MF MULTI-FAMILY DISTRICT a. Purpose The purpose of this district is to provide adequate space and site diversification for multiple-family apartment and condominium developments where the maximum density does not exceed eighteen (18) dwelling units per gross acre. MF Districts should be characterized by landscaping and open space and should be convenient to major thoroughfares and arterial streets. b. Area Regulations Density Maximum density shall not exceed eighteen (18) dwelling units per gross acre. Lot Size Lots for any permitted use shall have a minimum area of two (2) acres. Open Space Minimum open space shall not be less than twenty-five (25) percent of the gross site area, including required yards and buffer areas. Building Coverage Minimum Dwelling Sq. Ft. Impervious Area The combined area occupied by all main and accessory buildings and structures, shall not exceed fifty (50) percent of the total lot area. Efficiency Units = 550 sq. ft. One-Bedroom = 650 sq. ft. Two-Bedroom = 800 sq. ft. Three-Bedroom = 950 sq. ft. The combined area occupied by all main and accessory buildings and structures, and paved parking and driveway areas shall not exceed seventy-five (75) percent of the total lot area. Height The maximum height of the principal structure shall be two (2) stories not to exceed thirty-five (35) feet. Whenever a multifamily structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multifamily structure shall not exceed the number of stories and height of the contiguous single-family dwelling. The maximum height of an accessory structure shall be one (1) story not to exceed fifteen (15) feet. The maximum height of a storage building used for mechanical or maintenance equipment shall be one (1) story not to exceed ten (10) feet. Front Yard Setback Side Yard Setback Minimum of twenty-five (25) feet from the property line adjacent to the front street. The front yard line is also referred to as the Building line. Minimum setback of fifteen (15) feet from a property line that is located adjacent to a side street. Minimum setback of five (5) feet from a side property line that represents a common side Page 39

48 CHAPTER 5 Rear Yard Setback Density property line with an adjoining, nonresidential property; twenty (20) feet from a side property line with an adjoining residential property. Minimum rear yard setback of twenty (20) feet. Maximum density shall not exceed eighteen (18) dwelling units per gross acre. Lot Size Lots for any permitted use shall have a minimum area of two (2) acres. Open Space Minimum open space shall not be less than twenty-five (25) percent of the gross site area, including required yards and buffer areas. Building Coverage Minimum Dwelling Sq. Ft. Impervious Area The combined area occupied by all main and accessory buildings and structures, shall not exceed fifty (50) percent of the total lot area. Efficiency Units = 550 sq. ft. One-Bedroom = 650 sq. ft. Two-Bedroom = 800 sq. ft. Three-Bedroom = 950 sq. ft. The combined area occupied by all main and accessory buildings and structures, and paved parking and driveway areas shall not exceed seventy-five (75) percent of the total lot area. Height The maximum height of the principal structure shall be two (2) stories not to exceed thirty-five (35) feet. Whenever a multifamily structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multifamily structure shall not exceed the number of stories and height of the contiguous single-family dwelling. The maximum height of an accessory structure shall be one (1) story not to exceed fifteen (15) feet. The maximum height of a storage building used for mechanical or maintenance equipment shall be one (1) story not to exceed ten (10) feet. Front Yard Setback Side Yard Setback Rear Yard Setback Minimum of twenty-five (25) feet from the property line adjacent to the front street. The front yard line is also referred to as the Building line. Minimum setback of fifteen (15) feet from a property line that is located adjacent to a side street. Minimum setback of five (5) feet from a side property line that represents a common side property line with an adjoining, nonresidential property; twenty (20) feet from a side property line with an adjoining residential property. Minimum rear yard setback of twenty (20) feet. Page 40

49 CHAPTER 5 c. Permitted Use Multiple-Family Dwelling or Apartments Triplex and Fourplex Dwellings Townhomes Church or Rectory Public or Denominational School Park, Playground, or Community Center Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) d. Specific Use Single-Family Dwelling Detached Two-Family Dwelling Boarding House or Rooming House Group Home for the Developmentally Disabled Industrialized Homes College or University Day Care Center or Kindergarten School Foster Home Facility Library (Public) Nursing Home or Residence for the Elderly Cemetery or Mausoleum Halfway House Community Center (Public) Electrical Substation Fire Station or Similar Public Safety Building Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club MMH MOBILE/MANUFACTURED HOME DISTRICT a. Purpose The purpose of this district is to provide adequate space and restrictions for the placement of mobile and manufactured homes in the City. The MMH District is established to provide housing densities compatible with existing and proposed neighborhoods by providing alternate housing types both in construction and economy within an approved Mobile Home and/or Manufactured Home Park or Subdivision. No mobile or manufactured home shall be allowed to be placed on any parcel or lot except on lots located within an approved Mobile Home and/or Manufactured Home Park or Subdivision or as otherwise specified in Use Table. b. Area Regulations Page 41

50 CHAPTER 5 The maximum number of mobile home or manufactured home spaces allowed per acre shall be ten (10). i. The minimum front-yard setback shall be 10 feet from the nearest corner of the mobile home or manufactured home to the front line of the mobile home space. ii. No mobile home or manufactured home shall be closer than 10 feet to any property line nor closer than 25 feet to the property line adjoining a public street. iii. For other structures on each space, the minimum front-yard setback shall be at least 10 feet. iv. The minimum distance between mobile homes or manufactured homes at any point shall be 20 feet. v. The height limit for any structure intended for occupancy in the mobile home and/or manufactured home park shall be 35 feet. vi. The average height of the mobile home or manufactured home frame above the ground elevation, measured at 90 to the frame, shall not exceed 3 feet. vii. Mobile homes and manufactured homes must be skirted with nonflammable material before City of Hondo utilities are connected. c. Permitted Use Mobile/Manufactured Home or Trailer as a Fixed Dwelling Trailer or Mobile/Manufactured Home Park Church or Rectory Public or Denominational School Park, Playground, or Community Center Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) d. Specific Use College or University Day Care Center or Kindergarten School Foster Home Facility Nursing Home or Residence for the Elderly Registered Family Home Cemetery or Mausoleum Community Center (Public) Electrical Substation Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Private Country Club with Golf Course Public Golf Course Commercial Golf Course Swim or Tennis Club 5.2 Non-residential Zoning District CBD CENTRAL BUSINESS DISTRICT a. Purpose The purpose of the CBD Central Business District zoning category is to accommodate Page 42

51 CHAPTER 5 the types of business and commercial uses that have historically been located in the Hondo central business area. b. Area Regulations Lot Size Width of Lot Maximum Coverage Height Front Yard Setback Side Yard Setback Rear Yard Setback No minimum requirement No minimum requirement No maximum coverage limit Maximum height of ten (10) stories No minimum requirement No minimum requirement No minimum requirement unless a residential area is located to the rear and then a ten (10) foot rear yard setback will be required c. Permitted Use Church or Rectory Fraternal Organization, Civic Club or Lodge Facility for Care of Alcoholic, Drug Abuse or Psychiatric Public or Denominational School Hospital (Acute Care) Hospital (Chronic Care) Library (Public) Nursing Home or Residence for the Elderly Park, Playground, or Community Center Medical or Dental Clinic Art Gallery or Museum Chiropractic Clinic Accessory Building Community Center (Public) Fire Station or Similar Public Safety Building Off-Street Parking Incidental to Main Use Telephone Business Office Bed and Breakfast (in Private Home) Public Park or Playground Theater (Indoor) Commercial Amusement (indoors) Bus Station Railroad Track or Right-of-Way Commercial Parking Lot or Structure New Auto Parts Sales Store Automobile Rental Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop with Pickup Custom Personal Service Shop Page 43

52 CHAPTER 5 Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Fix-It Shop (Household Items) Laundry or Cleaning (Self-Service) Pawnshop Restaurant without Drive-In Service Studio for Photographer, Musician, Artist, or Health Fitness Center/Gymnasium Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors) Professional Pharmacy Beauty Shop or Barbershop and Sun Tanning Salon Offices Professional and Administrative Convenience Stores Grocery Store, Supermarket Farmers Market (Outside sale of produce and new merchandise) Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair Massage Therapy Farm (Horticulture) Wholesale Bakery Job Printing or Newspaper Printing Package Liquor Store Trade or Commercial School d. Specific Use Hotel or Motel College or University Day Care Center or Kindergarten School Electrical Substation Swimming Pool (Private) Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Dance Hall, Tavern, or Nightclub, Bar, Pub Arcade Vehicle/Carwash Gasoline Service Stations Used Auto Parts (in building) Restaurant with Private Club Retail Stores and Shops Other Than Those Listed Tattoo/Body Piercing Parlor Bail Bonds Office Building Materials Sales or Lumberyard Cabinet or Upholstery Shop Engine and Motor Repairing Welding or Machine Shop Page 44

53 CHAPTER CL - COMMERCIAL - LIGHT DISTRICT a. Purpose The purpose of the CL Commercial - Light district is to: i. promote sound municipal development and the health, safety, and general welfare of the citizens of Hondo by planning and managing the growth of various types of commercial development ii. respect the property rights of owners of real property near such designated areas and to enhance the land use of the designated area based on historical or existing usage. iii. provide for adequate light and air. iv. prevent the overcrowding of land. v. avoid undue concentration of population. vi. provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements. vii. lessen congestion in the streets. viii. secure safety from fire, panic, and other dangers. This district will provide adequate space for a variety of light commercial/office space development, to exclude heavy commercial uses. Light commercial uses will be allowed near or within residential areas as designated by the Planning and Zoning Commission. All allowed uses under this district shall be located on a lot having a minimum area of six thousand (6,000) square feet. b. Area Regulations Lot Size Width of Lot Depth of Lot Percent Impervious Area Height Front Yard Setback Side Yard Setback Rear Yard Setback Lots for permitted use shall have a minimum area of six thousand (6,000) square feet. Minimum width of lot shall be fifty (50) feet, measured at the front setback line. Minimum depth of lot shall be hundred (100) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed sixty (60) percent of the total lot area. Maximum height of thirty-five (35) feet, or two (2) stories. Minimum of twenty-five (25) feet from the property line adjacent to front street. The front yard setback is also referred to as the Building Line. Minimum setback of twenty (20) feet from the property line that is located adjacent to a side street. Minimum setback of ten (10) feet from side property lines adjacent to nonresidential zoned districts. Minimum setback of twenty (20) feet from side property lines adjacent to residential zoned lots. A minimum rear yard setback of ten (10) feet when adjacent to nonresidential property lines. Minimum rear yard setback of twenty (20) feet when adjacent to residential zoned property. c. Permitted Use Single-Family Dwelling Detached Industrialized Homes Page 45

54 CHAPTER 5 Church or Rectory Park, Playground, or Community Center Medical or Dental Clinic Registered Family Home Chiropractic Clinic Accessory Building Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Studio for Photographer, Musician, Artist, or Heath Fitness Center/Gymnasium Beauty Shop or Barbershop and Sun Tanning Salon Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Massage Therapy Mini-Warehouse d. Specific Use Group Home for the Developmentally Disabled Day Care Center or Kindergarten School Fraternal Organization, Civic Club or Lodge Library (Public) Art Gallery or Museum Community Center (Public) Electrical Substation Telephone Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Bed and Breakfast (in Private Home) Commercial Parking Lot or Structure Vehicle/Carwash Antique Shop Cleaning and Pressing Small Shop with Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Pet Grooming C COMMERCIAL DISTRICT a. Purpose The C Commercial District is intended to permit a variety of service and retail uses. It is also designed to be a transitional district between industrial type uses and residential uses. b. Area Regulations Page 46

55 CHAPTER 5 Lot Size Lots for a permitted use shall have a minimum area of six thousand (6,000) square feet in area. Width of Lot Depth of Lot Percent Impervious Area Height Front Yard Setback Side Yard Setback Rear Yard Setback Minimum lot width shall be fifty (50) feet, measured at the front setback line. Minimum depth shall be one hundred (100) feet, with the measurement representing the average depth of lot from the property line adjacent to the front street to the rear of the lot. The combined area occupied by all buildings, structures, off-street parking and paved area shall not exceed ninety (90) percent of the total lot area for property located on Highway 90 only; 80% all other areas. Maximum height of thirty-five (35) feet or two (2) stories. Minimum of twenty-five (25) feet from the property line adjacent to the front street. The front yard setback is also referred to as the Building Line. Minimum setback of fifteen (15) feet from the property line that is located adjacent to a side street. Minimum setback of ten (10) feet from side property lines adjacent to nonresidential zoned districts. Minimum setback of twenty (20) feet from side property lines adjacent to residential zoned lots. Minimum rear yard setback of ten (10) feet when adjacent to nonresidential property lines. Minimum rear yard setback of twenty (20) feet when adjacent to residential zoned property. c. Permitted Use Hotel or Motel Church or Rectory Public or Denominational School Library (Public) Park, Playground, or Community Center Medical or Dental Clinic Art Gallery or Museum Chiropractic Clinic Accessory Building Community Center (Public) Fire Station or Similar Public Safety Building Off-Street Parking Incidental to Main Use Swimming Pool (Private) Telephone Business Office Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Public Park or Playground Arcade Roller or Ice Skating Rink Theater (Indoor) Commercial Amusement (indoors) Bus Station Railroad Track or Right-of-Way Page 47

56 CHAPTER 5 Commercial Parking Lot or Structure Vehicle/Carwash Auto and Boat Sales Gasoline Service Stations New Auto Parts Sales Store Used Auto Parts (in building) Automotive Repair Automobile Rental Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop with Pickup Custom Personal Service Shop Drapery[,] Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Fix-It Shop (Household Items) Laundry or Cleaning (Self-Service) Mortuary or Funeral Home Pawnshop Restaurant with Drive-In Service Restaurant without Drive-In Service Studio for Photographer, Musician, Artist, or Health Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors) Professional Pharmacy Beauty Shop or Barbershop and Sun Tanning Salon Offices Professional and Administrative Convenience Stores Grocery Store, Supermarket Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair Equipment Rental (Including Heavy Equip.) Massage Therapy Pet Grooming Farm (Horticulture) Greenhouse or Plant Nursery (Wholesale) Wholesale Bakery Cabinet or Upholstery Shop Engine and Motor Repairing Feed Store Job Printing or Newspaper Printing Package Liquor Store Trade or Commercial School Wholesale Office and Sample Room Welding or Machine Shop d. Specific Use Page 48

57 CHAPTER 5 Boarding House or Rooming House College or University Day Care Center or Kindergarten School Fraternal Organization, Civic Club or Lodge Nursing Home or Residence for the Elderly Cemetery or Mausoleum Electrical Substation Radio or Television Tower (Commercial) Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Stadium Dance Hall, Tavern, or Nightclub, Bar, Pub Commercial Golf Course Stable (Noncommercial) Swim or Tennis Club Theater (Outdoor) Commercial Amusement (outdoors) Airport Landing Field or Heliport Moving or Storage Company Railroad or Motor Freight Terminal Truck Parking Lot Auto or Boat Painting and Body Repair Auto, Boat and Trailer, and/or RV Parking Lot Seat Cover, Tire or Muffler Installation Shop Greenhouse or Plant Nursery Restaurant with Private Club Commercial Tool or Trailer Rental Home Tool Rental Retail Stores and Shops Other Than Those Listed Farmers Market (Outside sale of produce and new merchandise) Flea Market Tattoo/Body Piercing Parlor Bail Bonds Office Animal Pound or Humane Society Shelter Animal Clinic or Hospital (No Outside Pens) Poultry Nursery Building Materials Sales or Lumberyard Heavy Machinery Sales and Storage Paint Shop Storage or Sales Warehouse Trailer or Mobile/Manufactured Home Rental or Sales Mini-Warehouse Taxidermy LI LIGHT INDUSTRIAL DISTRICT a. Purpose The LI Light Industrial District is intended to provide areas suitable for manufacturing, assembling and fabrication activities that are primarily light and non-offensive in nature, Page 49

58 CHAPTER 5 as well as heavier commercial uses that are most appropriately located adjacent to industrial areas and are necessary to industrial uses as filling support or immediate needs. b. Area Regulations Lot Size Lot Width Height Percent Impervious Area Front Yard Setback Side Yard Setback Rear Yard Setback No minimum lot size will be required in the LI district. No minimum lot width will be required in the LI district. Maximum height of thirty-five (35) feet or two (2) stories. The combined area occupied by all buildings, structures, off-street parking and paved areas, shall not exceed eighty-five (85) percent of the total lot area. Minimum of twenty-five (25) feet from the property line adjacent to the front street. The front yard setback is also referred to as the Building Line. Minimum setback of fifteen (15) feet from the property line that is located adjacent to a side street. Minimum setback of zero (0) feet from a side property line adjacent to a nonresidential district. Minimum setback of twenty (20) feet from a side property line adjacent to a residential district. Minimum rear yard setback of ten (10) feet when adjacent to nonresidential property lines. Minimum rear yard setback of twenty (20) feet when adjacent to residential property lines. c. Permitted Use Hotel or Motel Church or Rectory Fraternal Organization, Civic Club or Lodge Facility for Care of Alcoholic, Drug Abuse or Psychiatric Public or Denominational School Hospital (Acute Care) Hospital (Chronic Care) Library (Public) Nursing Home or Residence for the Elderly Park, Playground, or Community Center Accessory Building Community Center (Public) Electrical Substation Fire Station or Similar Public Safety Building Off-Street Parking Incidental to Main Use Swimming Pool (Private) Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Private Country Club with Golf Course Public Golf Course Commercial Golf Course Public Park or Playground Arcade Roller or Ice Skating Rink Commercial Amusement (indoors) Page 50

59 CHAPTER 5 Commercial Amusement (outdoors) Bus Station Moving or Storage Company Railroad Track or Right-of-Way Truck Parking Lot Commercial Parking Lot or Structure Liquid Transfer Station Vehicle/Carwash Auto or Boat Painting and Body Repair Auto and Boat Sales Auto, Boat and Trailer, and/or RV Parking Lot Gasoline Service Stations New Auto Parts Sales Store Seat Cover, Tire or Muffler Installation Shop Used Auto Parts (in building) Automotive Repair Greenhouse or Plant Nursery Handicraft Shop Fix-It Shop (Household Items) Laundry or Cleaning (Self-Service) Mortuary or Funeral Home Pawnshop Restaurant with Drive-In Service Restaurant without Drive-In Service Studio for Photographer, Musician, Artist, or Health Fitness Center/Gymnasium Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors) Commercial Tool or Trailer Rental Home Tool Rental Professional Pharmacy Beauty Shop or Barbershop and Sun Tanning Salon Offices Professional and Administrative Convenience Stores Grocery Store, Supermarket Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair Flea Market Equipment Rental (Including Heavy Equip.) Pet Grooming Animal Pound or Humane Society Shelter Animal Clinic or Hospital (No Outside Pens) Farm (Horticulture) Greenhouse or Plant Nursery (Wholesale) Wholesale Bakery Cabinet or Upholstery Shop Clothing Manufacture or Lgt Compounding or Fabrication Page 51

60 CHAPTER 5 Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Paint Shop Storage or Sales Warehouse Trade or Commercial School Trailer or Mobile/Manufactured Home Rental or Sales Wholesale Office and Sample Room Mini-Warehouse Welding or Machine Shop d. Specific Use College or University Medical or Dental Clinic Cemetery or Mausoleum Chiropractic Clinic Juvenile Detention Facility Electrical Generating Plant Radio or Television Tower (Commercial) Telephone Business Office Water Treatment Plant Stadium Dance Hall, Tavern, or Nightclub, Bar, Pub Rodeo Grounds Stable (Noncommercial) Stable (Commercial) Swim or Tennis Club Theater (Outdoor) Theater (Indoor) Airport Landing Field or Heliport Railroad or Motor Freight Terminal Automobile Rental Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop with Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Restaurant with Private Club Retail Stores and Shops Other Than Those Listed Farmers Market (Outside sale of produce and new merchandise) Bail Bonds Office Animal Clinic or Hospital (With Outside Pens) Poultry Nursery Kennels Building Materials Sales or Lumberyard Cleaning or Dyeing Plant Contractor s Shop and Storage Yard Page 52

61 CHAPTER 5 Milk Depot, Dairy or Ice Cream Plant Petroleum Products Storage (Wholesale) Package Liquor Store Mining and Storage of Stone, Rock, or Gravel Petroleum or Gas Well Petroleum Collecting or Storage Facility Asphalt or Concrete Batching Plant (Permanent) Asphalt or Concrete Batching Plant (Temporary) HI HEAVY INDUSTRIAL DISTRICT a. Purpose The HI Heavy Industrial District is to establish and preserve industrial areas for heavy manufacturing uses which by their nature may not be compatible with commercial or other manufacturing uses. Provision is also made for the location in this district of uses which may have characteristics of a noxious nature, along with the imposition of reasonable standards for the protection of adjacent uses. b. Area Regulations Lot Size Lot Width Height Percent Impervious Area Front Yard Setback Side Yard Setback Rear Yard Setback No minimum lot size will be required in the HI district. No minimum lot width will be required in the HI district. Maximum building height of seventy-five (75) feet or six (6) stories. The combined area occupied by all buildings, off-street parking and paved areas, shall not exceed eighty-five (85) percent of the total lot area. Minimum of twenty-five (25) feet from the property line adjacent to the front street. The front yard setback is also referred to as the Building Line. Minimum setback of fifteen (15) feet from the property line that is located adjacent to a side street. Minimum setback of zero (0) feet from a side property line adjacent to a nonresidential district. Minimum setback of twenty (20) feet from a side property line adjacent to a residential district. Minimum rear yard setback of ten (10) feet when adjacent to nonresidential property lines. Minimum rear yard setback of twenty (20) feet when adjacent to residential property lines. c. Permitted Use Church or Rectory Fraternal Organization, Civic Club or Lodge Public or Denominational School Hospital (Acute Care) Hospital (Chronic Care) Park, Playground, or Community Center Accessory Building Community Center (Public) Electrical Generating Plant Electrical Substation Fire Station or Similar Public Safety Building Off-Street Parking Incidental to Main Use Page 53

62 CHAPTER 5 Radio or Television Tower (Commercial) Swimming Pool (Private) Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Private Country Club with Golf Course Public Golf Course Commercial Golf Course Public Park or Playground Arcade Rodeo Grounds Roller or Ice Skating Rink Stable (Noncommercial) Stable (Commercial) Swim or Tennis Club Theater (Outdoor) Commercial Amusement (indoors) Commercial Amusement (outdoors) Airport Landing Field or Heliport Bus Station Moving or Storage Company Railroad or Motor Freight Terminal Railroad Track or Right-of-Way Truck Parking Lot Commercial Parking Lot or Structure Liquid Transfer Station Vehicle/Carwash Auto or Boat Painting and Body Repair Auto and Boat Sales Corn. Auto, Boat and Trailer, and/or RV Parking Lot Gasoline Service Stations New Auto Parts Sales Store Seat Cover, Tire or Muffler Installation Shop Used Auto Parts (in building) Automotive Repair Greenhouse or Plant Nursery Handicraft Shop Fix-It Shop (Household Items) Laundry or Cleaning (Self-Service) Mortuary or Funeral Home Pawnshop Restaurant with Drive-In Service Restaurant without Drive-In Service Studio for Photographer, Musician, Artist, or Health Fitness Center/Gymnasium Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors) Commercial Tool or Trailer Rental Home Tool Rental Professional Pharmacy Page 54

63 CHAPTER 5 Beauty Shop or Barbershop and Sun Tanning Salon Offices Professional and Administrative Convenience Stores Grocery Store, Supermarket Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair Flea Market Equipment Rental (Including Heavy Equip.) Pet Grooming Animal Pound or Humane Society Shelter Animal Clinic or Hospital (No Outside Pens) Farm (Horticulture) Greenhouse or Plant Nursery (Wholesale) Wholesale Bakery Building Materials Sales or Lumberyard Cabinet or Upholstery Shop Cleaning or Dyeing Plant Clothing Manufacture or Lgt Compounding or Fabrication Contractor s Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Paint Shop Petroleum Products Storage (Wholesale) Storage or Sales Warehouse Trade or Commercial School Trailer or Mobile/Manufactured Home Rental or Sales Wholesale Office and Sample Room Mini-Warehouse Cement or Hydrated Lime Manufacture Welding or Machine Shop Brick Kiln or Tile Plant d. Specific Use Hotel or Motel College or University Medical or Dental Clinic Cemetery or Mausoleum Art Gallery or Museum Chiropractic Clinic Stadium Dance Hall, Tavern, or Nightclub, Bar, Pub Theater (Indoor) Auto Wrecking or Salvage Yard Automobile Rental Antique Shop Page 55

64 CHAPTER 5 Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop with Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Restaurant with Private Club Retail Stores and Shops Other Than Those Listed Farmers Market (Outside sale of produce and new merchandise) Bail Bonds Office Animal Clinic or Hospital (With Outside Pens) Poultry Nursery Livestock Auction Feeding Pens or Yards Kennels Ranch (Animal Husbandry) Package Liquor Store Mining and Storage of Stone, Rock, or Gravel Petroleum or Gas Well Petroleum Collecting or Storage Facility Mining or Storage of Mining Wastes Asphalt or Concrete Batching Plant (Permanent) Asphalt or Concrete Batching Plant (Temporary) Sanitary Landfill Area Open Salvage Yard for Rags, Machinery, etc. Slaughterhouse or Meat Packing Plant Smelter or Refinery Taxidermy Animal Tanning General Manufacturing and Industrial Uses not Prohibited by Law and Excepting Those Specifically Listed as Requiring Special Use Permits GP Government/Public Use a. Purpose The GP Government/Public Use special district is established to apply to those lands where national, state, or local governmental activities are conducted and where these governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. b. Area Regulations Lot Size Width of Lot Percent Impervious Area Height None None The combined area occupied by all buildings, structures, off-street parking and paved area shall not exceed eighty (80) percent of the total lot area. None Page 56

65 CHAPTER 5 Front, Rear and Side Yard Setbacks The yard requirements shall not be less than the requirements of the most restrictive abutting property. c. Permitted Use In the GP government/public Use special district, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. The following uses shall be permitted as principal uses: Parks, playgrounds, public golf courses, and recreation areas. Government, administrative and judicial buildings. Public schools, hospitals, and libraries. Other public facilities of a like nature, including fire and police stations. d. Specific Use Permit The following uses shall be permitted following the approval of a Specific Use Permit in accordance with the procedures provided in SP Specific Use Permit: Government maintenance facilities. Public utility facilities. Jails, detention facilities or work camps. Public incinerators. Sanitary landfills. 5.3 Mixed Use Districts Mud Mixed-Use District a. Purpose The purpose of the MUD Mixed-Use classification is to permit various types of developments and land uses within a single zoning district. The types of developments and land uses, or combination thereof, that may be permitted within any single mixed-use zoning district are those established under Use Table of the Hondo Code of Ordinances. b. Use regulations within a mixed-use zoning district, no land use or development shall be permitted except for one or more of the uses specifically authorized by Ordinance of the Hondo City Council. All authorized development within a mixed-use zoning district must be in compliance with the use regulations governing that particular type of development. For example, if a mixed-use zoning district permits Residential One, Commercial, and/or Government/Public developments, or any combinations thereof, then all Residential One development within that district must be in compliance with the use regulations governing developments within a Residential One District, found in Residential One District of the Hondo Code of Ordinances. Similarly, all Commercial development within the mixed-use zoning district must comply with the use regulations governing developments within a Commercial District, found Commercial District of the Hondo Code of Ordinances. And all Government/Public development shall be in compliance with the use regulations governing TH MUD MIXED-USE DISTRICT a. Purpose For establishment of a transition zone allowing the existence of restricted light Page 57

66 CHAPTER 5 commercial activities within the 20th Street residential areas that are compatible with the neighborhood character and environment. b. Permitted Use Permitted zoning districts: Residential 1 (R1), Residential 2 (R2), Commercial (C), Central Business District (CBD), Government/Public (GP), Commercial - Light (CL) R1,R2 Single-Family Dwelling Detached Industrialized Homes Church or Rectory Public or Denominational School Park, Playground, or Community Center Registered Family Home Accessory Building Home Occupation Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Farm (Horticulture) Commercial, CBD Hotel or Motel Church or Rectory Public or Denominational School Library (Public) Park, Playground, or Community Center Medical or Dental Clinic Art Gallery or Museum Chiropractic Clinic Accessory Building Community Center (Public) Fire Station or Similar Public Safety Building Off-Street Parking Incidental to Main Use Swimming Pool (Private) Telephone Business Office Bed and Breakfast (in Private Home) Private Country Club with Golf Course Public Golf Course Public Park or Playground Arcade Roller or Ice Skating Rink Theater (Indoor) Commercial Amusement (indoors) Bus Station Railroad Track or Right-of-Way Commercial Parking Lot or Structure Vehicle/Carwash Auto and Boat Sales Gasoline Service Stations New Auto Parts Sales Store Page 58

67 CHAPTER 5 Used Auto Parts (in building) Automotive Repair Automobile Rental Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop with Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Fix-It Shop (Household Items) Laundry or Cleaning (Self-Service) Mortuary or Funeral Home Pawnshop Restaurant with Drive-In Service Restaurant without Drive-In Service Studio for Photographer, Musician, Artist, or Health Fitness Center/Health Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors) Professional Pharmacy Beauty Shop or Barbershop and Sun Tanning Salon Offices Professional and Administrative Convenience Stores Grocery Store, Supermarket Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Small Electric Motor Repair Equipment Rental (Including Heavy Equip.) Massage Therapy Pet Grooming Farm (Horticulture) Greenhouse or Plant Nursery (Wholesale) Wholesale Bakery Cabinet or Upholstery Shop Engine and Motor Repairing Feed Store Job Printing or Newspaper Printing Package Liquor Store Trade or Commercial School Wholesale Office and Sample Room Welding or Machine Shop Page 59

68 CHAPTER 5 GP Parks, playgrounds, public golf courses, and recreation areas. Government, administrative and judicial buildings. Public schools, hospitals, and libraries. Other public facilities of a like nature, including fire and police stations. CL Single-Family Dwelling Detached Industrialized Homes Church or Rectory Park, Playground, or Community Center Medical or Dental Clinic Registered Family Home Chiropractic Clinic Accessory Building Off-Street Parking Incidental to Main Use Swimming Pool (Private) Public Park or Playground Railroad Track or Right-of-Way Studio for Photographer, Musician, Artist, or Health Beauty Shop or Barbershop and Sun Tanning Salon Accountant/Bookkeeper Real Estate Law Offices Jewelry Repair Massage Therapy Mini-Warehouse 5.4 Special Districts H Historic Preservation Overlay Zone a. Purpose The City Council declares as a matter of public policy this overlay zone is intended to protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City s and State s architectural, archaeological, cultural, social, economic, ethnic and political history; and to develop appropriate settings for such places and to safeguard the City s historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations. b. H, Suffix Portions of certain zoning districts are designated with a Historic Preservation suffix H. The H designated areas are subject to the base zoning, or underlying district, and are further regulated by the regulations defined in this section. c. Historic Landmark Designation The City Council may designate certain buildings, land, areas and districts and the boundaries thereof. The procedure to be followed to establish an Historic Landmark Designation shall be the same as is required to amend, to repeal or alter the zoning on a tract or parcel of land. After all notice requirements of State zoning statutes, Tex. Rev. Civ. Stat. Ann. Art. 1011a through 1011f, and hearings have been conducted pursuant to said State statutes, and this ordinance and upon receipt of the Planning and Zoning Commission s recommendation, the City Council may designate the building, land, area or district with the H suffix. The suffix H shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the City Council has designated as Page 60

69 CHAPTER 5 historic landmarks. Such designations shall be in addition to any other zoning district designation established in this ordinance. All Zoning District Maps shall reflect the designation of an historical landmark subdistrict by the letter H as a suffix. d. Historic Landmarks - Criteria: In creating an historic landmark designation as set forth in the immediately preceding paragraph, the City Council and the Planning and Zoning Commission shall consider one or more of the following criteria: i. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Hondo, State of Texas or the United States; ii. Identification with a person or persons who significantly contributed to the culture and development of the Town; iii. Location as the site of a significant historic event; iv. Exemplification of the cultural, economic, social or historical heritage of the City; v. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; vi. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood or community of the City; and vii. Value as an aspect of community sentiment or public pride. e. Removal, Demolition or Substantial Alteration: No historic landmark, designated as such, pursuant to the procedures set forth herein, shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the City Council. If an application for such a permit is received by the City for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the Planning and Zoning Commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendations to the City Council. No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The Planning and Zoning Commission shall conduct a hearing within 30 days of receipt of the application by the City. After the public hearing, the Planning and Zoning Commission shall recommend to the City Council whether to grant or deny the application. f. Council Action The City Council shall consider the Planning and Zoning Commission s recommendation within thirty days of passage of same. The City Council, after conducting a public hearing and taking into consideration all of the factors presented, may approve or disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The Council s action shall be final. g. Present Use Not Affected Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Zoning Ordinance of the City. 5.5 PD Planned Development Districts Purpose This district is intended to accommodate unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof, in accordance with an approved development plan. This district is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and parking facilities in order to best utilize special site features of topography, size or shape. Planned Developments will only be permitted to Page 61

70 CHAPTER 5 occur on parcels of land that contain three (3) acres or more. It is not intended to be a method of avoiding area restrictions required in other straight zoned districts Residential Planned Developments Residential Planned Developments shall be considered appropriate where one or more of the following conditions prevail: a. Dwelling units are grouped into clusters, allowing an appreciable amount of land for open space. b. Project has much or all of its proposed housing in zero lot line or single-family attached units, townhouses, or apartments. c. Higher densities than conventional single-family projects of the same acreage. d. Part of the land is to be used for nonresidential purposes, such as shopping or employment centers, i.e. a mixed-use project. e. Areas exhibiting environmentally natural features which should be considered for preservation and/or enhancement Nonresidential Planned Development Nonresidential planned developments shall be considered appropriate where one or more of the following conditions prevail: a. Commercial or industrial uses are grouped into clusters allowing an appreciable amount of the land for open space or joint use such as parking and storage. b. Commercial or industrial projects with part of the land used for residential purposes. c. Single purpose commercial or industrial uses of innovative land utilization Height Regulations The maximum height requirement for permissible uses in this district shall be established on the approved development plan with due regard to site and general area characteristics including land use, zoning, topography and setbacks, etc Density, Area, and Coverage Regulations: The density of development, the minimum dimensions of lots and yards and maximum lot coverage shall be established on the approved development plan with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares and open space opportunity Parking Regulations All parking and vehicle use areas shall be paved with an all-weather surface. Off-street parking facilities shall be provided at locations designated on the approved development plan. Minimum off-street parking requirements shall be established in the approved development plan. Any deviation less than the minimum requirements specified in Off-Street Parking and Loading shall require specific approval from the Planning and Zoning Commission. Parking area and numbers of spaces for the applicable district shall apply to these regulations Ownership An application for approval of a Site Plan under the Planned Development District regulations may be filed by a person having a legal interest in the property to be included in the Site Plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the City Attorney, prior to final approval of the Site Plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application Application An application for a Planned Unit Development District may be made to the Planning and Zoning Commission in the same manner that an application for zoning change is made. Page 62

71 CHAPTER 5 Applications for approval of a Planned Unit Development District shall be processed according to the procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in this section Procedure Application for approval of a Planned Development district shall be processed according to the procedure specified herein and a development site plan and related data shall be submitted for approval in accordance with the requirements set out Planned Development Section. a. An application for a Planned Development shall be accompanied by a development site plan meeting the requirements set forth in this ordinance. b. Upon receipt of an application, the Planning Director shall make notification of a public hearing as set forth in the zoning ordinance. c. The Planning Director shall prepare a written report analyzing the development site plan and such report shall be given to the Planning and Zoning commission and applicant at least three (3) working days prior to the public hearing Site Plan Requirements The Site Plan shall clearly indicate all significant features of the proposed development, on an accurate scaled drawing, to include: a. A location map showing location of site in reference to existing streets. b. The boundaries of the area included in the plan surveyed by a competent licensed engineer or surveyor and the total gross acreage of the plan. c. All recorded or physically existing public and private rights-of-way and easements located on or adjacent to the plan area. d. The approximate topography of the plan area, major watercourses and 100-year floodplain. e. The proposed land uses and the approximate location of proposed buildings and other structures on the site, existing structures, and uses adjacent to said site. f. The character and approximate density of all proposed residential uses in the plan area. g. Where density variations are proposed within the development plan, the general location, maximum density and site coverage and the housing type in each area of density variation h. The approximate location and dimensions of all parking areas, malls, water bodies, open areas and recreational areas and any other community facilities such as churches, schools, etc. i. All proposed streets, alleys, ways, including walkways, dedicated to public use, and the location of all utilities. j. In residential developments, the maximum percentage of site coverage. k. In commercial and industrial developments, the maximum gross area and floor area ratio. l. All areas reserved for common ownership with an indication of the properties, the owners of which will share the common ownership. m. The location and type of walls, fences, screen planting and landscaping. n. A plan, including side elevation drawings, showing location, size, height, orientation and design of all signs. o. Housing type and number of dwelling units of all proposed residential structures. p. In multifamily, townhouse and commercial sections of the plan, the location of each outside facility for waste disposal. q. Required setbacks or setbacks in excess of minimum requirements adjacent to the boundaries of the development plan. r. A preliminary drainage study, showing all on-site and off-site drainage and final water destination. Page 63

72 CHAPTER 5 s. A statement that clearly indicates that the proposed development will be in complete accordance with the provisions of the applicable Planned Development District and that all Development Plans recorded hereunder shall be binding upon the applicant thereof, his successors and assigns, and shall limit and control all building permits Development Schedule An application for a Planned Development district shall, if the applicant desires or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule. When included as a requirement, the development schedule shall indicate the following: a. The estimated date when development construction in the plan area shall commence; b. The phases of development, if any, in which the plan area will be developed and the estimated date each phase will commence. c. The estimated date of completion of each stage in the development; d. The area and location of common open space that will be developed at each stage; and e. The area and location of nonresidential uses that will be developed at each stage Revisions of the Site Plan and Development Schedule Proposed revisions or modification to an approved site plan and development schedule shall be noted and shown on a stable base reproducible material of the approved plan. Upon the submission of such proposed revision, copies of the proposed revised plan shall be submitted to the Planning and Zoning Commission for its review and determination as to whether the proposed revision constitutes such a significant change in land use or structures that a public hearing should be called regarding said revision. If, in the Planning and Zoning Commission s determination, said revised plan does not constitute a significant change, no public hearing shall be called and the revision shall be deemed approved. If such revision is determined by the Planning and Zoning Commission to be a significant change, a public hearing shall be scheduled regarding such revision, proper notice given, and thereafter be considered by the City Council for approval according to normal procedure. Page 64

73 6 CHAPTER! 1 USE REGULATIONS 6.1. Types of Uses 6.2. Specific Uses 6.3. Accessary Uses 6.4. Temporary Uses

74 CHAPTER Types of Uses Unlisted or Functionally Similar Uses a. Authorization of Proposed Use. If a proposed use is not specified in the UDC, and the City Official has made a determination that the use is either a subcategory of a permitted, limited, conditional, or temporary use, or a use that is functionally similar to a permitted, limited, conditional, or temporary use, the City Official will authorize the proposed use, and apply all standards that would have applied to the similar use. b. If Not Authorized Then Prohibited. If the Code Official determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, limited, conditional, or temporary use, then the use is a prohibited use Use Table The following table presents the zoning district classifications and the permitted uses within those classifications: P - Designates use permitted in district indicated. N - Designates use prohibited in district indicated (Not permitted). S - Designates use may be approved as specific use permit. A. RESIDENTIAL USES R E R 1 R 2 R 3 M F L C I H I P H C L 1. Single-Family Dwelling Detached P P P P S N N N N N P P 2. Two-Family Dwelling N N N P S N N N N N N N 3. Multiple-Family Dwelling or Apartments N N N N P N N N N N N N M M H C B D 4. Boarding House or Rooming House N N N S S N N S N N N N 5. Hotel or Motel N N N N N N S P P S N N 6. Mobile/Manufactured Home as a Fixed Dwelling N N N P N P N N N N N N 7. Trailer or Mobile/Manufactured Home Park N N N N N P N N N N N N 8. Group Home for the Developmentally Disabled S S S S S N N N N N N S 9. Triplex and Fourplex Dwellings N N N P P N N N N N N N 10. Industrialized Homes P P P P S N N N N N P P 11. Townhomes N N S P P N N N N N P N B. EDUCATIONAL & INSTITUTIONAL R E R 1 R 2 R 3 M F L C I H I P H C L 1. Church or Rectory P P P P P P P P P P N P 2. College or University S S S S S S S S S S N N 3. Day Care Center or Kindergarten School S S S S S S S S N N N S 4. Foster Home Facility S S S S S S N N N N N N 5. Fraternal Organization[,] Civic Club or Lodge N N N N N N P S P P N S 6. Facility for Care of Alcoholic[,] Drug Abuse or Psychiatric N N N N N N P N P N N N 7. Public or Denominational School P P P P P P P P P P P N 8. Hospital (Acute Care) N N N N N N P N P P N N 9. Hospital (Chronic Care) N N N N N N P N P P N N 10. Library (Public) S S S S S N P P P N N S Page 66 M M H C B D

75 CHAPTER Nursing Home or Residence for the Elderly S S S S S S P S P N S N 12. Park, Playground, or Community Center P P P P P P P P P P P P 13. Medical or Dental Clinic N N N N N N P P S S N P 14. Registered Family Home P P P P N S N N N N N P 15. Reserved 16. Cemetery or Mausoleum S S S S S S N S S S S N 17. Art Gallery or Museum N N N N N N P P N S N S 18. Halfway House N N N N S N N N N N N N 19. Chiropractic Clinic N S S S N N P P S S N P 20. Juvenile Detention Facility N N N N N N N N S N N N C. UTIL., ACCESSORY & INCIDENTAL USES R E R 1 R 2 R 3 M F L C I H I P H C L 1. Accessory Building P P P P P P P P P P P P 2. Home Occupation P P P P P P N N N N P N 3. Community Center (Public) S S S S S S P P P P N S 4. Electrical Generating Plant N N N N N N N N S P N N 5. Electrical Substation S S S S S S S S P P S S 6. Fire Station or Similar Public Safety Building S S S S S N P P P P S 7. Off-Street Parking Incidental to Main Use P P P P P P P P P P P P 8. Radio or Television Tower (Commercial) N N N N N N N S S P N N 9. Swimming Pool (Private) P P P P P P S P P P P P 10. Telephone Business Office N N N N N N P P S N N S 11. Telephone Line and Exchange Switching or Relay Station S S S S S S S S P P S S 12. Water Reservoir, Water Pumping Station or Well S S S S S S S S P P S S 13. Water Treatment Plant S S S S S S S S S P S S 14. Bed and Breakfast (in Private Home) S S S S N N P P N N S S D. RECREATIONAL & ENTERTAINMENT R E R 1 R 2 R 3 M F L C I H I P H C L 1. Stadium N N N N N N N S S S N N 2. Private Country Club with Golf Course S S S S S S N P P P S N 3. Dance Hall, Tavern, or Nightclub, Bar, Pub N N N N N N S S S S N N 4. Public Golf Course S S S S S S N P P P S N 5. Commercial Golf Course S S S S S S N S P P S N 6. Public Park or Playground P P P P P P P P P P P P 7. Arcade N N N N N N S P P P N N 8. Rodeo Grounds N N N N N N N N S P N N 9. Roller or Ice Skating Rink N N N N N N N P P P N N 10. Stable (Noncommercial) N N N N N N N S S P N N 11. Stable (Commercial) N N N N N N N N S P N N 12. Swim or Tennis Club S S S S S S N S S P S N Page 67 M M H M M H C B D C B D

76 CHAPTER Theater (Outdoor) N N N N N N N S S P N N 14. Theater (Indoor) N N N N N N P P S S N N 15. Commercial Amusement (indoors) N N N N N N P P P P N N 16. Commercial Amusement (outdoors) N N N N N N N S P P N N E. TRANSPORTATION RELATED USES R E R 1 R 2 R 3 M F L C I H I P H C L 1. Airport Landing Field or Heliport N N N N N N N S S P N N 2. Bus Station N N N N N N P P P P N N 3. Moving or Storage Company N N N N N N N S P P N N 4. Railroad or Motor Freight Terminal N N N N N N N S S P N N 5. Railroad Track or Right-of-Way P P P P P P P P P P P P 6. Truck Parking Lot N N N N N N N S P P N N 7. Commercial Parking Lot or Structure N N N N N N P P P P N S 8. Liquid Transfer Station N N N N N N N N P P N N F. AUTOMOBILE & BOAT SERVICE USES R E R 1 R 2 R 3 M F L C I H I P H C L 1. Vehicle/Carwash N N N N N N S P P P N S 2. Auto or Boat Painting and Body Repair N N N N N N N S P P N N 3. Auto and Boat Sales N N N N N N N P P P N N 4. Auto Wrecking or Salvage Yard N N N N N N N N N S N N 5. Auto, Boat and Trailer, and/or RV Parking Lot N N N N N N N S P P N N 6. Gasoline Service Stations N N N N N N S P P P N N 7. New Auto Parts Sales Store N N N N N N P P P P N N 8. Seat Cover, Tire or Muffler Installation Shop N N N N N N N S P P N N 9. Used Auto Parts (in building) N N N N N N S P P P N N 10. Automotive Repair N N N N N N N P P P N N 11. Automobile Rental N N N N N N P P S S N N G. RETAIL & SERVICE TYPE USES R E R 1 R 2 R 3 M F L C I H I P H C L 1. Antique Shop N N N N N N P P S S N S 2. Bakery or Confectionery Shop (Retail) N N N N N N P P S S N N 3. Cafeteria N N N N N N P P S S N N 4. Cleaning and Pressing Small Shop with Pickup N N N N N N P P S S N S 5. Custom Personal Service Shop N N N N N N P P S S N S 6. Drapery[,] Needlework or Weaving Shop N N N N N N P P S S N S 7. Florist or Garden Shop N S S S N N P P S S N S 8. Greenhouse or Plant Nursery N N N N N N N S P P N N 9. Handicraft Shop N N N N N N P P P P N S Page 68 M M H M M H M M H C B D C B D C B D

77 CHAPTER Fix-It Shop (Household Items) N N N N N N P P P P N N 11. Laundry or Cleaning (Self-Service) N N N N N N P P P P N N 12. Mortuary or Funeral Home N N N N N N N P P P N N 13. Pawnshop N N N N N N P P P P N N 14. Restaurant with Drive-In Service N N N N N N N P P P N N 15. Restaurant without Drive-In Service N N N N N N P P P P N N 16. Restaurant with Private Club N N N N N N S S S S N N 17. Studio for Photographer, Musician, Artist or Health, Fitness Center, Gymnasium N N N N N N P P P P N P 18. Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors) N N N N N N P P P P N N 19. Commercial Tool or Trailer Rental N N N N N N N S P P N N 20. Home Tool Rental N N N N N N N S P P N N 21. Professional Pharmacy N N N N N N P P P P N N 22. Beauty Shop or Barbershop and Sun Tanning Salon N S S S N N P P P P N P 23. Offices Professional and Administrative N N N N N N P P P P N N 24. Convenience Stores N N N N N N P P P P N N 25. Retail Stores and Shops Other Than Those Listed N N N N N N S S S S N N 26. Grocery Store, Supermarket N N N N N N P P P P N N 27. Farmers Market (Outside sale of produce and new merchandise) N N N N N N P S S S N N 28. Accountant/Bookkeeper N S S S N N P P P P S P 29. Real Estate N S S S N N P P P P S P 30. Law Offices N S S S N N P P P P S P 31. Jewelry Repair N S S S N N P P P P N P 32. Small Electric Motor Repair N S S S N N P P P P N N 33. Flea Market N N N N N N N S P P N N 34. Tattoo/Body Piercing Parlor N N N N N N S S N N N N 35. Bail Bonds Office N N N N N N S S S S N N 36. Equipment Rental (Including Heavy Equip.) N N N N N N N P P P N N 37. Massage Therapy N N N N N N P P N N N P 38. Pet Grooming N N N N N N N P P P N S H. AGRICULTURAL USES R E R 1 R 2 R 3 M F L C I H I P H C L 1. Animal Pound or Humane Society Shelter N N N N N N N S P P N N 2. Animal Clinic or Hospital (No Outside Pens) N N N N N N N S P P N N 3. Animal Clinic or Hospital (With Outside Pens) N N N N N N N N S S N N 4. Farm (Horticulture) P P P P P P P P P P N N 5. Greenhouse or Plant Nursery (Wholesale) N N N N N N N P P P N N 6. Poultry Nursery N N N N N N N S S S N N 7. Livestock Auction Feeding Pens or Yards N N N N N N N N N S N N Page 69 M M H C B D

78 CHAPTER 6 8. Kennels N N N N N N N N S S N N 9. Ranch (Animal Husbandry) N N N N N N N N N S N N M C I. COMMERCIAL USES R E R 1 R 2 R 3 M F M H B D L C I H I P H C L 1. Advertising Sign (Off-Site) 2. Wholesale Bakery N N N N N N P P P P N N 3. Building Materials Sales or Lumberyard N N N N N N S S S P N N 4. Cabinet or Upholstery Shop N N N N N N S P P P N N 5. Cleaning or Dyeing Plant N N N N N N N N S P N N 6. Clothing Manufacture or Lgt Compounding or Fabrication N N N N N N N N P P N N 7. Contractor s Shop and Storage Yard N N N N N N N N S P N N 8. Engine and Motor Repairing N N N N N N S P P P N N 9. Feed Store N N N N N N N P P P N N 10. Heavy Machinery Sales and Storage N N N N N N N S P P N N 11. Job Printing or Newspaper Printing N N N N N N P P P P N N 12. Milk Depot[,] Dairy or Ice Cream Plant N N N N N N N N S N N N 13. Paint Shop N N N N N N N S P P N N 14. Petroleum Products Storage (Wholesale) N N N N N N N N S P N N 15. Package Liquor Store N N N N N N P P S S N N 16. Storage or Sales Warehouse N N N N N N N S P P N N 17. Trade or Commercial School N N N N N N P P P P N N 18. Trailer or Mobile/Manufactured Home Rental or Sales N N N N N N N S P P N N 19. Wholesale Office and Sample Room N N N N N N N P P P N N 20. Mini-Warehouse N N N N N N N S P P P P M C J. NATURAL RESOURCE STORAGE & MINING R E R 1 R 2 R 3 M F M H B D L C I H I P H C L 1. Mining and Storage of Stone, Rock, or Gravel N N N N N N N N S S N N 2. Petroleum or Gas Well N N N N N N N N S S N N 3. Petroleum Collecting or Storage Facility N N N N N N N N S S N N 4. Mining or Storage of Mining Wastes N N N N N N N N N S N N M C K. SPECIAL INDUSTRIAL PROCESSES R E R 1 R 2 R 3 M F M H B D L C I H I P H C L 1. Asphalt or Concrete Batching Plant (Permanent) N N N N N N N N S S N N 2. Asphalt or Concrete Batching Plant (Temporary) N N N N N N N N S S N N 3. Cement or Hydrated Lime Manufacture N N N N N N N N N P N N 4. Sanitary Landfill Area N N N N N N N N N S N N 5. Open Salvage Yard for Rags, Machinery, etc. N N N N N N N N N S N N 6. Slaughterhouse or Meat Packing Plant N N N N N N N N N S N N 7. Smelter or Refinery N N N N N N N N N S N N Page 70

79 CHAPTER 6 8. Welding or Machine Shop N N N N N N S P P P N N 9. Brick Kiln or Tile Plant N N N N N N N N N P N N 10. Taxidermy N N N N N N N S N S N N 11. Animal Tanning N N N N N N N N N S N N General Manufacturing and Industrial Uses not Prohibited by Law and Excepting Those Specifically Listed as Requiring Special Use Permits N N N N N N N N N S N N Special Area and Use Regulations a. Courts Where an apartment building or buildings are erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of twenty (20) feet apart and no balcony or canopy shall extend into such minimum inner court area. b. Location of Dwellings and Buildings Only one (1) main building for One-Family, Two-Family or Multifamily use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a public street, or approved place other than an alley, which means [of] access shall have a minimum width of thirty (30) feet of right-of-way. Where a lot is used for other than residential use or for residential and retail, commercial or industrial uses, more than one (1) main building may be located upon the lot, but only when the buildings conform to all the open space, parking and density requirements applicable to the uses and districts; and when all such main buildings face upon a public street or approved place other than an alley. Whenever two (2) or more main buildings, or portions thereof, are desired to be placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission and City Council so as to conform with the normal requirements for platting. No parking area, storage area, or required open space for one (1) building shall be computed as being the open space, yard or area requirements for any other building or other use. c. Use Permits for Mobile and Manufactured Homes i The installation of a mobile home as a dwelling in the City is prohibited. A mobile home legally permitted by and used as a dwelling on a lot within the City may only be replaced by a HUD-code manufactured home in accordance Termination of Nonconforming Uses and Structures (f) of this ordinance. ii On application, the City shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the City, including a subdivision, planned unit development, single lot, and rental community or park. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted, unless the City in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. iii Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction Specific Uses Upon authorization by the City of Hondo, a Specific Use Permit may be issued upon submission of an application and appropriate material describing the proposed use. The purpose of this Specific Use Permit is to provide for uses that generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community, which without specific consideration may have possible adverse impact on neighboring properties. A Specific Use Permit is valid conditioned upon that the permitted use continues and any person, corporation, or group of persons having a proprietary interest in any property which proposes to use such property in a manner which requires a Specific Use Permit complies with all ordinances, Page 71

80 CHAPTER 6 codes, regulations, conditions, and stipulations of the City of Hondo and that all structures shall comply with the electrical code, fire code, plumbing code, building code, and other applicable ordinances or codes of the City, and all state and federal laws and regulations applicable to such use Residential Use Uses other than those unconditionally permitted to occur within the RE Residential Estate District, the R1 Residential One District, the R2 Residential Two District, R3 Residential Three District, the MF Multi-Family District, the MMH Mobile Home District, PH Patio Home District may be permitted by means of a Specific Use Permit authorized by the City. Said uses must be listed as Specific Use Permit uses for the Patio Home PH District in Use Table, and must be granted in accordance with the regulations provided in Section SP Specific Use Permit Non-Residential Use Uses other than those unconditionally permitted to occur within the CBD Central Business District may be permitted by means of a Specific Use Permit authorized by the City. Said uses must be listed as Specific Use Permit uses for the CBD Central Business District, within the CL Commercial - Light District, the C Commercial District, the LI Light Industrial District, the HI Heavy Industrial District, in Use Table and must be granted in accordance with the regulations provided in SP Specific Use Permit Accessary Uses Accessory Use or [of] Structure or Building: An accessory use or structure is one customarily a part thereof, which is clearly incidental and secondary to a permitted use and which does not change the character thereof Customary Home Occupations Customary home occupations ordinarily carried on in a home are not allowed in the MF Multi- Family District and the MMH Mobile/Manufactured Home District. In other residential Districts, the uses are defined as follows: Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property, providing that all such uses are located in the dwelling and that no assistant, not a member of the family residing on the premises, is employed, and no sign advertising such home occupation is displayed. This use must not increase normal automobile vehicle traffic in the neighborhood nor require additional off-street parking in order to conduct business. This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conduct of a retail business. Customary home occupations may include, but are not limited to: a. The office of a notary public, accountant, bookkeeper, architect, lawyer, engineer, musician, or artist; b. Dressmaking, millinery, washing or ironing; Customary home occupations shall not include the following: a. Barbershops, beauty shops, hairdressers: b. Carpenter shops, electrical shops, plumbing shops; c. Radio and/or TV shops; d. Real estate sales office; e. Tin shops, auto repairing, furniture repairing, or similar uses Temporary Uses Temporary Construction Buildings Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Inspector. Page 72

81 CHAPTER Temporary Zoning a. Zoning on Newly Annexed Territory All territory hereafter annexed to the City of Hondo shall be temporarily classified as RE, Residential Estate Zoning District, until permanent zoning is established by the City Council of the City of Hondo. i Residential Districts Permanent or Temporary RE Residential Estate Zoning District can be either a permanent zoning or temporary zoning category. If used when annexing new territory, it shall be considered temporary zoning. If, after public hearings, the Planning and Zoning Commission and City Council determine that RE is the proper zoning then that district is considered permanent zoning. ii Permit Required in Newly Annexed Area No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a building permit or Certificate of Occupancy from the Chief Building Official or the City Council as may be required herein. iii No Permit Issued Except for RE Residential Estate Uses No permit for the construction of a building other than a permit which will allow the construction of a building permitted in the RE Residential Estate Zoning District, shall be issued, unless and until such territory has been classified in a permanent zoning category, except as provided elsewhere in this ordinance. iv Other Permits An application for a permit for any use other than that specified in the paragraph above shall be made to the Chief Building Official and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission, in making its recommendation to the City Council concerning any such permit, shall take into consideration the appropriate land use for the area, as shown in the Comprehensive Land Use Plan. The City Council, after receiving and reviewing the recommendation of the Planning and Zoning Commission, may by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application. b. Questions Arising on Zoned Areas Where physical features of the ground are at variance with information shown on the official Zoning Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved, the property shall be considered as classified RE Residential Estate Zoning District, temporarily, in the same manner as newly annexed territory. The issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions prescribed in Temporary Zoning for temporarily zoned areas. Page 73

82 CHAPTER 6 Page 74

83 7 CHAPTER! 1 GENERAL DEVELOPMENT STANDARDS 7.1. Applicability 7.2. Off-Street Parking Standards 7.3. Signs 7.4. Landscaping and Tree Protection (Reserved) 7.5. Accessory Structures 7.6. Buffer Requirements 7.7. Outdoor Lighting Standards 7.8. Outdoor Storage and Display 7.9. Traffic Impact Analyses Drainage and Stormwater Management

84 CHAPTER Applicability The following general development standards shall apply to all zoning districts, except where expressly stated to apply to, or exclude, specific districts. 7.2 Off-Street Parking Standards In all zoning districts there shall be provided in connection with appropriate allowable uses, sufficient off-street parking space in accordance with the requirements as provided in this Section. The building owner shall be responsible for providing a minimum of one (1) off-street parking space for the tenant even if the off-street parking location is not in the immediate vicinity of the building owner s premises and may be owned by someone other than the building owner leasing living spaces(s). Issuance of any off-street parking permits shall be the sole responsibility of the building owner(s) leasing the living space(s). The building owner shall also be responsible for obtaining adequate security for the tenant(s). This may include but is not limited to proper locking devices, security lighting, surveillance cameras, etc Off-Street Parking Requirements Every use or structure instituted, constructed, erected, or structurally altered after the effective date of this Ordinance shall provide off-street parking facilities in accordance with provisions of this Article for the use of occupants, employees, visitors, and/or patrons. Off-street parking facilities shall be maintained and continued as long as the principal use is in existence. Any building or structure may be modernized, altered, or repaired provided there is no increase in floor area or capacity and there is no change of use without providing additional off-street parking facilities. It shall be unlawful for an owner or operator of any use to discontinue, change, dispense with, or cause the discontinuance or reduction of required parking facilities without providing for alternative parking facilities which meet the requirements of this Article. a. Location. Extent, Character and Size i. The off-street parking facilities required by this Article shall be located on the same lot or parcel of land that they are intended to serve, provided however, when the size or shape of the parcel of land, or a non-conforming building or structure presently existing on the parcel of land prevents the establishment of such facilities on the same lot or parcel, they shall be provided on a properly zoned lot or parcel within twohundred (200) feet of the premises they are to serve. However, before such parking facilities are approved, it shall be required that a recordable instrument be properly executed for the alternate facility, provided further, that said recordable instrument shall be filed, as a matter of record, in the City Secretary's Office, and said lot or parcel shall not be utilized for any subsequent use without parking being supplied on an alternate site. ii. Each parking space required and provided pursuant to the provisions of this Article shall not be less than nine (9) feet in width and eighteen (18) feet in length. Each parking space shall be directly accessible from a street or alley, or from an adequate aisle or driveway leading to a street or alley. Access aisles and driveways shall be of sufficient size to permit convenient maneuvering of cars and each space shall be accessible without driving over or through any other parking space. iii. OFF-STREET PARKING FACILITIES, INCLUSIVE OF PARKING LOTS, shall be guided by the nature of the properties use, location, and frequency of use. iv. All required or provided off-street parking areas shall be paved and maintained according to city standards and specifications as provided and delineated below in surfacing. b. Surfacing: Page 76

85 CHAPTER 7 i. All businesses fronting Highway 90 will have surfaced parking. It may be porous concrete, asphalt seal coat or pavers. (constructed to standards of a minor street) ii. All other commercial properties/business and city owned will use porous concrete, asphalt, seal coat, pavers, bricks or grasscrete for primary parking required by this section. iii. Private residences: May also use crushed limestone in addition to the surfacing for commercial properties/business. iv. Exceptions: Owners of residences, businesses or structures that by their nature, location, age or environmental concerns desire a parking surface or marking exemption, may petition the Planning and Zoning Commission with their request. v. Businesses shall be required to perform maintenance of surface parking when surface areas have failed due to deterioration and use. c. Marking: i. All hard surfaced parking will be marked and striped in a manner that clearly depicts parking slots. Handicap parking will be plainly marked. Non-hard surfaced parking will be marked and/or striped on the surface or with signage or other means to indicate parking slots. Handicap parking will be plainly marked. Parking areas used solely for display of vehicles for sale or rental are not required to have delineated parking spaces. ii. (4) All off-street parking facilities, inclusive of parking lots, required and/or provided, shall be properly drained so as not to cause any nuisance or damage to adjacent property, and any lighting of said facilities shall be designed and arranged so as to prevent glare or excessive light on adjacent property. All such facilities and lots shall be designed for the convenient access and safety for pedestrian and vehicular traffic Unclassified Uses Where the proposed land use cannot be classified within the uses herein specified, the designated City representative shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use Determining Quantity of Parking Spaces In each parking facility within the City of Hondo, a portion of the total parking shall be designed, located and reserved for use by the handicapped according to the Americans with Disabilities Act Requirements. The minimum number of parking spaces required for uses within any district shall be determined as follows: Use a. Residential No. of Parking Spaces Single-Family 1 Dwelling Unit Two-Family 1 Dwelling Unit Townhouse 1 Dwelling Unit Garage Apartment 1 Dwelling Unit Required for Each Apartment Multiple-Family Dwelling 2 Dwelling Unit for first 50 units; thereafter, 1.75 parking spaces for each unit Page 77

86 CHAPTER 7 Hotel, motel or tourist court Mobile/Manufactured Home 1 Guest room or residential unit up to 100 units the thereafter 0.75 over 100; 50% of these spaces may be counted to satisfy the parking requirements of accessory uses 1 Lot, Plot, Tract or Stand Private Dormitory 1 Two Residents Zero lot line dwelling 1 Dwelling Unit Servant s or caretaker s quarters b. Institutional Community or welfare center School 1 Two Residing Employees sq. ft. of floor area Elementary 1 20 students Junior High 1 18 students Senior High students Trade/Vocational 1 1 student College or university 1 4 day students Public assembly hall without fixed seating 1 4 seats Church 1 4 seats in sanctuary or auditorium Kindergarten, day nursery, day care Hospital - acute or chronic care Hospital, alcoholic, narcotic psychiatric patients Home for the aged 1-1/2 1 8 students 1 1-1/2 beds 1 2 employees or attendants plus one (1) space for each ten (10) residents Dwelling Unit Library or Museum sq. ft. of public area Fraternity or sorority Student Religious center Nursing and personal care sq. ft. of floor area sq. ft. of floor area 1 6 beds Page 78

87 CHAPTER 7 Mortuary or Funeral Chapel 1 4 seats in chapel Labor union sq. ft. of floor area c. Recreational, special entertainment Theater 1 4 seats Bowling Alley 4 Lane Pool halls, coinmachine arcades, other commercial amusements (indoor) Commercial amusements (outdoor) Ballpark, stadium 1 8 seats Lodge, fraternal organization Golf Course Driving range or miniature golf sq. ft. of floor area sq. ft. of site area exclusive of building sq. ft. of floor area 1-1/2 d. Personal service and retail Personal service shop Retail Store or Shops (inside) Furniture Sales Appliance Sales and repair Open Retail Sales Coin-operated or Self-Service Laundry or Dry-Cleaning e. Food and beverage services Eating or Drinking place (inside) eating only; no drive-in windows Minimum of 30 spaces Space for each putting tee sq. ft. of floor area sq. ft. of floor area for the first 3,000 sq. ft.; thereafter one (1) space for each additional 300 sq. ft sq. ft. of floor area sq. ft. of floor area exclusive of buildings 1 3 washing machines sq. ft. of floor area (minimum of 12 spaces) Page 79

88 CHAPTER 7 Eating or Drinking place with drive-in windows, bar, nightclub, and private club and all others f. Business services Bank Savings and Loan or similar institution Medical, dental, animal clinic or office Other office, business or professional g. Automotive and Equipment Service station including incidental carwash Motor vehicle repair, garage or shop (indoors) Motor vehicle parts & accessory sales (indoors) Motor vehicle parts & accessory sales (outdoors) Vehicle or machinery sales (indoors) Vehicle or machinery sales (outdoors) Self-Service Carwash Machine Carwash 1 75 sq. ft. of floor area (minimum of 4 spaces; for drive-in windows, 6 additional tandem spaces) sq. ft. of floor area sq. ft. of floor area sq. ft. of floor area (minimum of 5 spaces) sq. ft. of floor area (minimum of 5 spaces) sq. ft. of floor area (minimum of 4 spaces) sq. ft. of floor area (minimum of 5 spaces) sq. ft. of floor area 1 1,000 sq. ft. of floor area sq. ft. floor area 1 5,000 sq. ft. of floor area h. Storage, Wholesale and Manufacturing 1 Wash bay (1/2 of the spaces shall be tandem spaces awaiting wash bay) sq. ft. of floor area (2/3 of the spaces shall be tandem spaces for cars awaiting wash or vacuum) Brick or lumber yard or similar area Open storage of sand, gravel, petroleum 1 1,000 sq. ft. of site area 1 2,000 sq. ft. of site area Page 80

89 CHAPTER 7 Warehouse & Enclosed Storage Outside Storage Commercial, Wholesale Manufacturing Operations Manufacturing Operations Mini-Warehouse 1 3,000 sq. ft. of floor area; plus one (1) space for each 300 sq. ft. of office area 1 5,000 sq. ft. of site area used for outside storage 1 1,000 sq. ft. of floor area or 4 spaces for each 5 employees on largest shift, whichever is greater 1 1,000 sq. ft. of floor area or 4 spaces for each 5 employees on largest shift, whichever is greater 1 20 storage stalls or lockers plus one (1) space for each; 250 sq. ft. for manager s quarters Parking Space Dimensions: The design and dimensions of off-street parking areas shall be in accordance with the following table of minimum dimensions. Minimum stall widths shall be nine (9) feet, except for residential and all-day office parking which may utilize stalls eight and one-half (8-1/2) feet in width, provided that minimum aisle widths are increased by one (1) foot. In addition, the dimensions of up to twenty (20) percent of the total number of off-street parking spaces may be reduced to eight (8) feet in width and sixteen (16) feet in depth to accommodate compact automobiles. All dimensions below are in feet Angles (Degrees) Stall, Parallel Stall, Perpendicular to Aisle Aisle Width, One-Way Aisle Width, Two-Way Cross Aisle, One-Way Cross Aisle, Two-Way Fire Lanes Fire lanes as required by the Fire Code Off-Street Loading All business uses shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public street in addition to other parking requirements. Such space shall consist of a minimum area of ten (10) feet by twentyfive (25) feet and be provided as follows: Gross Floor Space (Sq. Ft.) 25,000 feet or less 1 25,001 to 84,000 2 Page 81 Loading or Unloading Berths

90 CHAPTER 7 84,001 to 156, ,001 to 236,000 4 Each 100,000 additional Page 82 1 additional 7.3 Signs Signage regulations shall be in conformance to those general regulations as contained in Section Sign Regulations of this ordinance. It shall be unlawful to construct or install or permit to be constructed or installed any sign or billboard within the City limits of the City of Hondo, Texas, except as is expressly permitted herein Real Estate Signs a. One (1) temporary sign announcing the offering for sale or rental of individually platted residential or commercial property on which it is placed shall be allowed in any district and may be placed in any yard. Such sign shall not exceed eight (8) square feet in area; it shall be removed within one (1) week following the close of sale or lease. b. On nonresidential commercial property where there is a business building, a temporary unlighted sign offering all or a portion of the same for sale or rental shall be allowed flat against any wall of the business building. Such sign shall be no taller than the wall and shall have an area no larger than one hundred (100) square feet. Such sign shall be removed within one (1) week following the close of sale or lease. c. On undeveloped property, temporary unlighted signs offering the same for sale shall be allowed. Such signs shall be located at least twenty (20) feet behind any curb or ten (10) feet behind any property line, whichever is greater, and shall not exceed fifteen (15) feet in height. The total area of all sign message surfaces of all such signs shall not exceed one (1) square foot per one (1) lineal foot of street frontage of the property for sale, or one hundred (100) square feet Political Signs Temporary, unlighted political signs supporting an announced candidate, a party or an issue shall be allowed in any district subject to the following: Private property a. May be placed in any yard but only with the permission of the owner. b. There shall be no restrictions on the number of political signs on each zoning lot. c. In developed districts zoned RE, R1, R2, or R3, no such signs shall exceed eight (8) feet in height and thirty-six (36) square feet gross surface area Public Right-Of-Way a. There shall be no limit on the permitted number of temporary political signs displayed. b. Such signs shall not exceed an aggregate gross surface area of two (2) square feet. c. Subject to the determination of the Chief of Police in accordance with public safety requirements, temporary political signs may be located in public right-of-ways but not across, over, or extending onto the paved portion of any public roadway. d. Such signs shall be erected or installed in such a manner so as to not interfere with or obstruct access, activity or vision along any such public right-of-way. Such signs shall not be attached to or placed on traffic signals, utility poles, trees and other similar vegetation. e. Temporary political signs may be erected or maintained for a period not to exceed thirty (30) days prior to the date of the election to which such signs are applicable is scheduled to occur and shall be removed within ten (10) days following such election. f. While no permit fee shall be required, the permittee of such signs to be located in the public right-of-way shall deposit with the City Secretary the sum of Fifty Dollars ($50.00). Along with this deposit, a signed agreement stating that, in the event that such temporary

91 CHAPTER 7 political signs are not removed within ten (10) days following the date of the election to which the signs are applicable, the monies so deposited shall be used to reimburse the City for the cost incurred by it in removing the signs. Such signs shall become the property of the City and shall be destroyed accordingly. g. No temporary political sign shall be placed on the area known as the Highway 90 Parkway (north side of Highway 90, between Highway 90 and the Southern Pacific Railroad tracks) between the intersections of Highway 90 and Ave. E and Highway 90 and Castro Ave. h. City employees, acting under the direction of the Development Officer, are hereby authorized to remove temporary political signs from public right-of-ways if it is determined that the provisions of Section (2) have not been met Garage Sale Signs Temporary, unlighted signs announcing the holding of a sale of household possessions, displayed for not more than thirty (30) days in any one (1) year, shall be allowed in any district and may be placed in any yard. Total sign area shall not exceed eight (8) square feet. Signs may be posted for a period of five (5) days prior to the first day of sale, and shall be removed within twenty-four (24) hours following the last day of the sale. Signs may not be posted on public property. The City has the right to remove all signs without notification as is deemed necessary by the City Charity and Civic Event Signs Temporary, unlighted signs announcing special events, bazaars, rallies and similar activities of charity, religious, civic and philanthropic associations shall be allowed in any district and may be placed in any yard. Such sign shall not exceed thirty-two (32) square feet in area; it may be posted for a period of thirty (30) days prior to the first day of the event, and shall be removed within seventy-two (72) hours following the last day of the event, but no such sign shall be allowed to remain for a period in excess of thirty (30) days Special Event Signs Temporary special event signs announcing a campaign, drive, activity, or event of a civic, philanthropic, educational, or religious organization for noncommercial purposes shall be subject to the following: a. Number, Area, Height, Location i The permitted number, area, height, location and construction of temporary event signs shall be determined by the Development Officer with consideration given to the public safety and the signage reasonably necessary and appropriate for the intended purpose. ii Any temporary event sign which is permitted by the Development Officer to extend over or onto a public right-of-way shall be erected and maintained in such a manner as to not interfere or obstruct access, activity, or vision along any such public right-ofway. b. Special Conditions i Timing. Temporary event signs may be erected and maintained for a period not to exceed thirty (30) days prior to the date of which the campaign, drive, activity, or event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. ii No temporary event sign shall be placed on the area known as the Highway 90 parkway (north side of Highway 90, between Highway 90 and S.P.R.R. tracks) between the intersection of Highway 90 and Ave. E and Highway 90 and Castro Ave. Exceptions to the above restrictions are Highway 90 and Ave. M and Highway 90 and Ave. Y. iii No temporary event sign may be placed on traffic signals, utility poles, trees, or other similar vegetation. c. Signs Requiring Permits Page 83

92 CHAPTER 7 Upon application to the Code Enforcement Department, permits may be granted for erection and alteration of signs as a matter of right in each district according to the standards set forth for each zoning district and subject to the additional regulations set forth in this section. d. Off-Premise Signs No new construction permits shall be issued for off-premise signs except for relocation of existing signs which meet the provisions of this Section, including the following spacing requirements within the corporate limits of the City: i No off-premise sign shall be erected closer than three hundred (300) feet along one side of any roadway within the corporate limits of the City. ii No off-premise sign shall be relocated closer than seven hundred and fifty (750) feet to any other legally erected off-premise sign. iii Off-premise signs may be erected, with an approved permit from the City of Hondo and the Texas Department of Transportation, on Highway 90, west of Castro Avenue to the city limits and east of Avenue B to the city limits. e. Portable Signs No portable sign shall be placed or displayed or be caused to be placed or displayed on any premise located within the corporate limits of the City, other than a properly zoned storage area. f. Obsolete Signs Any sign, whether existing on or erected after the effective date of this ordinance, which advertises a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located, shall be removed within ninety (90) days upon the cessation of such business or sale of such product by the owner, agent or person having the beneficial interest in the building or premises on which the sign is located. Building Inspector shall give written notice to the owner, agent or person having the beneficial interest in the building or the premises on which such sign is located notifying them of the new ordinance and required removal within ninety (90) days. If the Building Inspector shall find that any such sign advertising a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located has not been removed within ninety (90) days upon the cessation of such business or sale of such products, he/she shall give written notice to the owner, agent or person having the beneficial interest in the building or the premises on which such sign is located. Removal of the sign shall be effected within ten (10) days after receipt of the notice from the Building Inspector. If such sign is not removed after the conclusion of such ten (10) days period, the Building Inspector is hereby authorized to cause the sign to be removed at the expense of the owner, agent or person having the beneficial interest in the building or premises on which the sign is located. g. Exception for Municipal Off-Premises Signs Municipal off-premises signs are exempt from the Off-Premises Sign requirements of this code. This exemption applies to information and directions to City services, buildings, economic development areas, airport, intermodal parks, establishments, recreational areas, municipal parks, city property, convention and visitor centers, and events. i Municipal off-premises signs will be subject to the sign space and height requirements set forth in each zoned district, except that applicable municipal off-premises signs shall be granted nonconforming use status. ii Municipal off-premises signs will not require the City to obtain a sign permit. h. Existing Signs Page 84

93 CHAPTER 7 Any sign installed and in use prior to the enactment of this ordinance will not be restricted by this ordinance so long as significant characteristics remain unchanged. Any sign in any zoning district which is rebuilt, relocated, modified, enlarged, extended, altered or changed in any manner, other than by normal maintenance, from the configuration existing at the time of enactment of this ordinance shall be regulated by this ordinance. i. Signs located in RE Residential Estate, Rl Residential One, R2 Residential Two, R3 Residential Three and MMH Mobile/Manufactured Home i Building Sign: Each family may install or permit to be installed an unilluminated nameplate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation of the occupant of the premises. There shall be no change in the outside appearance of the building or premises, other than one sign, not exceeding two (2) square feet in area, nonilluminated and mounted flat against the wall of the principal building. ii Ground Sign: Not allowed (except for churches and schools). iii Pole Sign: Not allowed (except for churches and schools). iv Special Provisions: Temporary signs pertaining to garage sales and nameplates not exceeding one square foot in area may be permitted. j. Signs Located in MF Multi-Family District Signs shall be permitted to identify the use or uses of the property upon which it is displayed as follows: i Building Sign: Maximum total area of eighty square feet (80 sq. ft.), maximum height of twenty (20) feet. ii Ground Sign: Maximum total area of eighty square feet (80 sq. ft.), maximum height of six (6) feet. iii Pole Sign: Not allowed. iv Maximum allowable is one (1) per street frontage. v Special Provisions: Signs may be illuminated, but the source of light shall not be visible to traveled ways and shall not be intermittent or flashing. Revolving signs will not be permitted in this district. Sign area limitations can be used with ground or building signs or in combination. k. Signs Located in the C Commercial District Signs shall be permitted to identify the use or uses of the property upon which they are displayed as follows: i Building Sign: Signs on buildings shall not extend beyond the building. The total area of a building sign shall not exceed two hundred (200) square feet. ii Ground Sign: Not allowed except on sites of one hundred (100) feet or more of street frontage. Maximum total area of eighty square feet (80 sq. ft.), maximum height of six (6) feet. iii Pole Sign: Allowed only for those businesses having two hundred (200) linear feet of street frontage. Pole signs may be located in the front yard or the side yard provided such pole signs comply with the following: Every portion of such sign extending over the required yard shall have a minimum clearance of eleven (11) feet. Each sign shall be supported by a single or dual freestanding pole without guy wires and braces. Not more than one (1) pole sign shall be erected in the required front yard for each one hundred feet (100 ) of street frontage, or one (1) for each yard required because of reverse frontage. The maximum area permitted is the total area of all tenants or services advertised on one (1) sign structure. The combined area of a ground and/or pole sign shall not exceed two hundred eighty (280) square feet. Upon approval by the Planning and Zoning Commission and the City Council, signs may be allowed to exceed the above stated square footage for groups of Page 85

94 CHAPTER 7 six (6) or more businesses on sites greater than two (2) acres which use a common sign. The maximum height, of sign and pole inclusive, shall not exceed fifty (50) feet. iv Special Provisions: Signs may be illuminated, but the source of light shall not be visible to traveled ways and shall not be intermittent or flashing. However, marquee type signs may be allowed upon approval by the Planning and Zoning Commission and the City Council. Revolving signs will not be permitted in this district. Sign area limitations can be used with ground or building signs or in combination. v Subject to the space and height requirements set forth in this subsection, property where a business activity is located is limited to two (2) off-premises signs, either pole or building signs, located on property other than the one where the business activity is conducted, sold or offered. vi A business with an illuminated digital sign that can function as an off-premises sign is limited to include two (2) other businesses, professions, activities, commodities, services or other entertainment industries other than the one conducted, sold, or offered on the property. l. Signs Located in the CBD Central Business District Signs shall be permitted to identify the use or uses of the property upon which they are displayed as follows: i Building Sign: Signs on buildings shall not exceed one hundred (100) square feet. ii Ground Sign: Maximum total area of eighty square feet (80 sq. ft.), maximum height of six (6) feet. iii Pole Sign: Pole signs shall comply with the following: Every portion of such sign extending over the required yard shall have a minimum clearance of eleven (11) feet. Each sign shall be supported by a single or dual freestanding pole without guy wires and braces. Not more than one (1) pole sign shall be erected in the required front yard for each one hundred feet (100 ) of street frontage, or one (1) for each yard required because of reverse frontage.the maximum height shall not exceed thirty-five (35) feet and the maximum area of sign surface shall not exceed eighty (80) feet. iv Special Provisions: Signs attached to the canopy, and signs projecting from the buildings shall be permitted. In addition, signs may be illuminated, but the source of light shall not be visible to traveled ways and shall not be intermittent or flashing. However, marquee type signs may be allowed upon approval by the Planning and Zoning Commission and the City Council. Revolving signs will not be permitted in this district. v Subject to the space and height requirements set forth in this subsection, property where a business activity is located is limited to two (2) off-premises signs, either pole or building signs, located on property other than the one where the business activity is conducted, sold or offered. vi A business with an illuminated digital sign that can function as an off-premises sign is limited to include two (2) other businesses, professions, activities, commodities, services or other entertainment industries other than the one conducted, sold, or offered on the property. m. Signs Located in LI Light Industrial and HI Heavy Industrial Districts Signs shall be permitted to identify the use or uses of the property upon which they are displayed as follows: i Building Sign: Signs on buildings shall not extend beyond the building. The total area of a building sign shall not exceed two hundred (200) square feet. Page 86

95 CHAPTER 7 ii Ground Sign: May be located in the front or the side yard; but must not interfere with the operation of vehicular traffic. Maximum total area of one hundred (100) square feet, maximum height of ten (10) feet. iii Pole Sign: Pole signs may be located in the front yard or the side yard provided such pole signs comply with the following: Every portion of such sign extending over the required yard shall have a minimum clearance of eleven (11) feet. Each such sign shall be supported by a single or dual freestanding pole without guy wires or braces. The area of sign shall not exceed four hundred (400) square feet and fifty (50) feet high. Pole signs shall be located not less than fifty (50) feet from Districts RE, R1, R2, R3, MH, and MF. Not more than one (1) pole sign shall be erected in the required front yard, or one (1) for each side yard required because of reversed frontage. The maximum area is the total area of all tenants or services advertised on one (1) sign structure. The combined area of a ground and/or pole sign shall not exceed five hundred (500) square feet. n. Symbols Symbols which are designed as an integral part of the building structure and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district. o. Traffic-Control Conflicts No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain whereby such creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. p. Residential Area Nuisance No sign shall be authorized whereby such sign, by reason of placement, lack of shielding, noise generation or character of operation, would be adverse to the normal sensibilities of a person residing on adjacent property or would interfere with the reasonable use, enjoyment or right of privacy on his property. Specifically: The noise level of signs, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators. q. Signs In Or Over Right-Of-Way Prohibited With the exception of some areas within the CBD, no sign, whether requiring a permit or not, shall be located within or project over any public right-of-way. This provision shall not be applicable to official traffic-control signs, or entrance and exit signs less than thirty (30) inches above grade placed with permission of the City. r. Maintenance All signs for which a permit is required, together with all supports, braces, guys and anchors, shall be kept in a state of repair that is aesthetically acceptable and does not present a safety hazard to the community. The enforcement officer may order the removal of any sign that is not maintained in accordance with this section or other building codes as adopted by the City. Such removal shall be accomplished at the expense of the owner or person in charge of the premises. Failure to comply with such order shall constitute a misdemeanor. s. Maintenance by Sign Owner or Person in Charge The owner of the sign or the person in charge or in possession of the premises shall be responsible for the maintenance of the sign(s) as described in Subsection and as set forth below: i Sign owner or person in charge or in possession of the premises shall maintain the sign(s) in a structurally safe condition, freshly painted and/or in good repair and shall replace repair, repaint, restore damaged sign(s) as promptly as possible. Page 87

96 CHAPTER 7 ii Sign owner or person in charge or in possession of the premises shall repair or replace all damaged sign(s) within ten (10) business days of the receipt of the City s written request for repair or replacement. iii Sign owner or person in charge or in possession of the premises shall routinely check that the sign(s) are kept in a state of repair that is aesthetically acceptable and does not present a safety hazard to the community. iv Sign owner or person in charge or in possession of the premises shall maintain all sign(s) in compliance with the requirements prescribed this Section. t. Removal When Unsafe or Unlawful: Authority of Development Officer: The owner of any sign regulated by this section, including supporting structures, shall keep the same in safe condition at all times. If the Building Inspector shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public, he shall give written notice to the sign owner and the property owner. If such owner fails to remove or alter the sign so as to comply with the standards set forth in this section, or other applicable building codes and regulations as adopted by the City, within thirty (30) days after such notice, the building inspector may cause such sign to be removed or altered to comply at the expense of the sign owner or owner of the property upon which it is located. The Building Inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. u. Prohibitions The following signs are absolutely prohibited within the corporate limits of the City of Hondo, Texas: i Signs which imitate or resemble any official traffic sign, signal or device or using a revolving beam or beacon resembling any emergency vehicle. ii Signs which are erected or maintained upon trees or which are painted or drawn upon rocks or other natural features. iii Portable signs. iv No sign shall be placed on or attached to any utility pole or pedestal, except by a utility company owning the pole or pedestal or on operating facilities mounted on the pole or in the pedestal. v No sign shall be placed or kept in use to advertise an activity, business or service no longer conducted on the premises or for a business which has been terminated. vi No sign or part of a sign, including mounting fixtures and supporting structures, shall be located on or above any public land or public right-of-way, except as regulated by other provisions of this Code. vii No sign may be located or placed on any sidewalk or in any unpaved walkway intended for public use, except as regulated by other provisions of this Code. viii No signals will be permitted in a residential zoned district. ix No sign or part of a sign frame shall be located between two (2) feet and ten (10) feet above the established ground level within the area of a clear site triangle for traffic extending twenty-five (25) feet in each direction from the point of a street intersection. x No sign or part of a sign, including mounting fixtures and supporting structures, which is mounted above or projects over any sidewalk, street, drive or parking area, whether on public or private land, shall be hung with less than seven (7) feet of vertical clearance above the sidewalk or less than twelve (12) feet of vertical clearance above the street, drive or parking area. xi No sign shall be located closer than six (6) feet laterally to a secondary power line or closer than fifteen (15) feet laterally to a primary power line. xii No lighted sign, and no permanent sign shall be mounted or placed on or extend above the side wall or rear wall of any building, or be located in the side yard or rear yard of Page 88

97 CHAPTER 7 any lot or tract of land, when such sign faces upon and is visible from a contiguous residential area not separated from the building, lot or tract containing the sign by a public street or alley. v. Holiday Greeting Cards Temporary holiday greeting cards: i Shall be authorized by the City of Hondo, or a designated representative, prior to placement. ii Shall be placed on Highway 90 Parkway between Avenue E and Avenue U. Spaces are assigned by the designated representative. iii Shall be erected no earlier than the week prior to Christmas in God s Country event or at the discretion of the Development Officer. iv Shall be removed no later than ten (10) days after January 1 or at the discretion of the Development Officer. v May be illuminated but lights shall not be flashing or strobe type. vi Shall display a holiday greeting message. vii Shall not list the sponsor s phone number or address. w. Design Guidelines It is the policy of the city to encourage signage which is appropriate to Hondo s commercial, cultural, historical and residential areas; the rural scale of the city; and to discourage signs which are in conflict with the established character of the community. To this end, all sign owners are encouraged to conform to the following guidelines for sign location, configuration, design and materials: i Signs should be located with sensitivity to preserving the natural landscape and environment. Signs should be incidental complements to the principal use of a site, and should never be allowed to visually dominate a site. ii The height, width and area of a sign should all be in proportion to the dimensions of a building to which the sign is attached and in architectural harmony with surrounding structures. Sign dimensions should respect the size, scale and mass of a building facade, the height of the building, and the rhythms and sizes of window and door openings. iii No sign should be placed upon a building or structure in any manner which would disfigure, damage or conceal any window opening, door, or significant architectural feature or detail of the building. iv Sign materials should be predominantly natural, such as native stone, rough cedar, pine or other types of wood, metal, or materials that simulate natural materials that are designed, intended or used to advertise or inform. v No additions, tag sign streamer(s), attention-getting device(s) or other appurtenances shall be attached to any sign(s). x. Signs Located in MUD Mixed Use Districts No off-premises signs shall be permitted in a Mixed Use District, unless a variance is requested and approved in accordance with the provisions of the City of Hondo Code of Ordinances. 7.4 Landscaping and Tree Protection (Reserved) 7.5 Accessory Structures Residential Districts Accessory buildings including garages, tool sheds and other utility structures shall be permitted behind the front setback line, except that carports may be located at a minimum of five (5) feet from the front property line. Accessory buildings shall not be used for commercial purposes. The following restrictions shall apply to Accessory Buildings: Page 89

98 CHAPTER 7 Front Setback RE R1 R2 R3 PH MF MMH Shall match Minimum of dwelling Minimum of twenty-five (25) feet twenty-five structure (25) feet setbacks. Side Yard Setback Minimum setback of five(5)to ten (10) feet from a side property line and ten(10) to fifteen (15) feet from a side street. If an accessory building is being used as a detached garage and the garage faces the side street, a distance of twenty (20) feet to twenty five(25)feet from the property line will be required if garage is less than sixty (60) feet from front property line. Maximum of one (1) story. Minimum of twenty (20) feet from a side property line Accessory buildings shall not be used for commercial purposes. Rear Yard Setback Minimum setback of five(5) to ten (10) feet from a rear property line Minimum of twenty (20) feet from a rear property line Height Maximum of one (1) story Non-residential Districts a. CBD For one-story buildings, Code allows the property owner to build an extension of the ground floor and/or a mezzanine loft creating a living space (dwelling place for one (1) to three (3) persons where the use and management of sleeping quarters, appliances, hvac, utilities, and lighting are under the control of the occupant(s)). For a two (2) or more story building, the owner of the building may lease one or more living spaces (apartments) located above a business. A minimum of 500 sq. feet of living space is required for lease each living space by the building owner. Off-street parking in conjunction with a principal permitted use shall be allowed as an accessory use when in compliance with the requirements of Off-Street Parking and Loading. Any living space, not meeting the above minimum square footage requirements prior to adoption of the amendments, will be granted pre-existing status until any structural modifications/remodeling occur, which will require building permits. b. CL, C, LI AND HI The following restrictions shall apply to Accessory Buildings: See R3 Accessory Building for setbacks. The following uses shall be permitted as accessory uses: i Mechanical equipment used for the operation and maintenance of the primary structure. This equipment shall not be located within one hundred twenty (120) feet of any residentially zoned district. ii Screened garbage storage on a concrete pad located no less than fifty (50) feet from a residentially zoned district and not located between the front of the building and any street right-of-way. iii Parking of automobiles, provided that such facilities are within sixty (60) feet of a residentially zoned district shall be screened and/or fenced in accordance with the requirements listed in Screening and Fencing Regulations. Page 90

99 CHAPTER 7 iv Signs advertising uses on the premises in accordance with Sign Regulations. v Any other structure other than those listed above may be permitted with the approval of a Specific Use Permit in accordance with the procedures provided in SP Specific Use Permit. 7.6 Buffer Requirements Screening and Fencing Regulations a. General Provisions and Restrictions It shall be unlawful for any individual, partnership, company or corporation to erect or have erected, a fence or wall, or any part thereof, in the City limits, without first obtaining a permit from the Department of Building Inspection. i In order to allow ingress/egress of emergency and maintenance personnel and equipment at all times, at least one (1) self-closing and self-latching but unlocked gate, or unrestricted opening not less than three (3) feet in width, shall be required with each fence or wall that is adjacent to, or running parallel with, public right-of-way, alley, drainage, utility or access easement. One such opening is required for each lot. Another alternate opening or gate shall be located not more than two hundred (200) feet away on the same property, if the property lot line is long enough to allow for same. ii Property owner s responsibility. The construction of a fence or wall set-back from the private property line shall not preclude owner s responsibility to maintain and keep the area between the fence and private property line and/or public right-of-way free and clear of debris and high weeds. iii No fence, screen, free standing wall or other visual barrier shall be constructed or placed in such a manner as would endanger the safe public, pedestrian and physically challenged person s passage; vehicular driver s line of site sight; or general health and safety of the traveling public. Front yard set-backs for all districts shall be observed. iv No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed as any fence, wall, hedge, shrubbery, etc., higher than thirty-six (36) inches above ground level at the private property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. Shrub see-through visibility at corners of frontage lots shall have a density of no more than fifty (50) percent to allow drivers and pedestrians to view approaching public intersectional activity. v At all street corner intersections, clear vision shall be maintained across the private lot for a distance of twenty-five (25) feet back from the property corner along both streets. vi Fences constructed of barbed wire and walls topped with broken glass or surfaces with any like material shall be prohibited; provided, however, a commercial security fence not less than six (6) feet in height may be topped by, not to exceed, an additional two (2) feet of barbed wire, so long as it is located on property zoned for non-residential purposes. vii No exterior perimeter fence shall be electrically charged in any form or fashion. Lowlevel electrical fencing is allowed internally to a perimeter fence for pet control. viii No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. ix No fence, guy wire, brace or any post of such fence shall be constructed upon or caused to protrude over public property that the city, a utility, or the general public has dominion and control over; owns or has an easement over, under, around or through; except upon utility easements which are specifically permitted to be fenced provided that appropriate double-wide knock-out gates are provided by private property owner. x No person shall weave or use slats of any material, including but not limited to metal, fiberglass, or bamboo, through an exterior boundary chain link perimeter fence, visible Page 91

100 CHAPTER 7 from adjacent public or private property, in order to create a blind fence, screening fence or any other type of perimeter fence. b. Location of Screening and Fencing When a non-residential use or residential apartment is established on a lot or premise located adjacent to any residential zoning district, a six (6) foot high opaque fence, or alternate form of screening wall, if so determined by the Planning and Zoning Commission or City Council, shall be erected and maintained along the property line to provide visual screening from adjacent private property. The provisions of this paragraph shall not apply where districts are separated by a public street, railroad right-of-way, drainage ditch, or canal, with a minimum easement or right-of-way width of thirty (30) feet. c. Type of Material for Screening Screening may consist of a single material or a combination of materials and/or methods. A required screening fence or wall shall be a wood or masonry diagonal, horizontal or vertical stockade type privacy fence. In addition, hedges or other dense planting material may serve as a portion of the screening method. However, vegetative growth will need to meet the required height and visual barrier requirements of this ordinance within two (2) years of planting. Landscaped berms may, when appropriate in scale, be used as a screening element in lieu of a fence, wall, hedge or other dense planting material. If the proposed screening is not deemed adequate by the Planning and Zoning Commission, the Commission may require alternative screening materials or methods that are deemed appropriate. Maximum mesh size for chain link fences shall be a 1-3/4 inch square unless the fence is provided with slats fastened at the top and the bottom which reduce the openings to not more than 1-3/4 inches. d. Swimming pools For purposes of this ordinance, the following definitions are applicable: a swimming pool or pool means a permanent swimming pool, permanent wading or reflection pool, or permanent hot tub or spa over 18 inches deep, located at ground level, above ground, below ground, or indoors; a private residential swimming pool means any swimming pool, above ground, in ground, and including spas/hot tubs located on private property under the control of a single homeowner or his tenant, the use of which is limited to members of the homeowner s family, the tenant s family and their invited guests; a pool yard means an area that contains a pool; a pool yard enclosure or enclosure means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround a pool. All private residential swimming pools associated with single or two family dwellings shall be at least entirely fenced with a four (4) foot high property line perimeter privacy/security fence or wall with self-closing and self-latching gates that have the ability to be locked; chain link metal fencing is allowed, but is discouraged. All privately-owned, commercially-related swimming pools associated with apartments, hotels, motels, townhomes, condominiums, neighborhood associations, and mobile/manufactured home rental communities, shall be entirely surrounded with at least one pool yard enclosure. The height of the pool yard enclosure must be at least four (4) feet high measured from the ground on the side away from the pool. The pool yard enclosure may be constructed with wood, wrought iron (meeting safety slat spacing requirements) or wall, and equipped with self-closing and self-latching gates capable of being locked, and located in close proximity to the pool area in accordance with all applicable State safety regulations found in Title 9 of the Texas Health & Safety Code, Chapter 757. Such pool-side fencing may be in addition to property perimeter boundary fencing. Privately owned and commercially-related property perimeter boundary fencing Page 92

101 CHAPTER 7 (as opposed to pool-side fencing) may be constructed with chain link fencing, so long as non-chain link fencing is located pool-side. To discourage climbing over chain-link fences to access privately-owned and commercially-related swimming pools, the use of chain link fencing materials is prohibited by State and local laws for a new privately-owned and commercially-related pool yard enclosure that is constructed after January 1, The use of diagonal fencing members that are lower than 49 inches above the ground is prohibited for a new privately-owned and commercially-related pool yard enclosure that is constructed after January 1, Existing privately-owned and commercially-related pool yard enclosures constructed or modified before January 1, 1994 are subject to the provisions set forth in Texas Health & Safety Code, Section e. Front-yard Fencing Decorative i Purpose To allow for aesthetic fencing within front yard setbacks that provides decorative features and satisfies emergency access requirements defined by the ordinance as amended. ii Definition Fencing that adds beauty, architectural feature(s) and does not substantially block the view from the street, and maintains the open space characteristics provided for by zoning standards. Except where subdivision deed restrictions do not permit front-yard fencing and screening, fences and screening not more than four (4) feet in height are permitted, providing: said fences are constructed as decorative in style and made of materials that are architecturally and aesthetically consistent with the surrounding neighborhood, such as wood and wood substitute materials, wrought iron, masonry to include split-board effect, shrubs, and columns with open railing connections, etc. as approved by City staff or referred or appealed to the Planning and Zoning Commission through the building permit process. Imitation concrete, vinyl or fiberglass composite materials may be utilized if the material is designed and constructed for fencing purposes. Front gate openings shall be a minimum of 60 inches wide to provide access for any and all emergency vehicles. Front fence shall not enclose any fire hydrant that may be present, which must remain accessible from the public right-of-way. Under no circumstances shall shrubbery of any type be permitted as front-yard fencing. landscaping within front-yard setback shall not exceed height and density restrictions in this ordinance and shall not exceed 25% of the total lot frontage distance. Solid/opaque/privacy fencing shall not be permitted within private residential front yard setbacks. Chain link type fencing shall not generally be permitted as front yard fencing, but may be permitted in limited instances subject to review and written authorization by the Planning and Zoning Commission. f. Salvage and junk yards All wrecking yards (junk and salvage) and salvage yards with open air storage of wrecked or salvaged automobiles, machinery, appliances or other used commodities and equipment shall surround such open-air storage with a solid opaque, screening wall or fence not less than eight (8) feet in height. In no instance will stored salvage material be allowed to be stacked to a height which exceeds the height of the fence such that stored salvage materials are able to be seen from adjacent public or private properties. 7.7 Outdoor Lighting Standards Outdoor Lighting The purpose of this Section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic Page 93

102 CHAPTER 7 safety and to prevent the creation of nuisances. All exterior lighting for any type of residential or nonresidential development shall comply with the standards of this Section unless exempted: Lighting Plan Requirement The submission of an exterior lighting plan is required prior to the approval of a site plan to promote a standard illumination that is unified in design, color, intensity, and fixtures. The plan shall describe such things as the light source, level of illumination, pole height, fixture details, hours of illumination, and the orientation. Single and two-family residential dwellings are not required to submit a lighting plan Exempt Lighting The following types of lighting are exempt from the requirements of this Section: a. Soffit or wall-mounted luminaries that are permanently attached to single-family and two-family residential dwellings, not to exceed the height of the eave. b. Public street and right-of-way lighting. c. Temporary decorative seasonal lighting. d. Temporary lighting for emergency work and construction. e. Temporary lighting for theatrical, television, and performance areas, or for special events authorized by the City. f. Lighting required and regulated by the Federal Aviation Administration. g. Lighting for outdoor recreational uses such as ball diamonds, playing fields, tennis courts, and similar uses, provided that such uses comply with the following standard: 1. Lighting shall be extinguished no later than 11:00 pm unless approval is granted by the Development Officer Prohibited Light Sources The following light fixtures and sources shall not be used where the direct light emitted is visible from adjacent public areas and adjacent properties. a. Mercury vapor light sources b. Searchlights and other high-intensity narrow beam fixtures, except for accent lighting Design Requirements Outdoor lighting shall primarily be used to provide safety while secondarily accenting key architectural elements to emphasize landscape and building features. Light fixtures shall be designed as an internal design element that complements the design of the project. This may be accomplished through style, material or color. All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements a. Fixture (Luminaries): All light sources shall be concealed or shielded with luminaries with cut-offs with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. b. Fixture Height: Lighting fixtures shall be a maximum of 30 feet in height (including base) within parking areas and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas. c. Light Source (Lamp): Lighting with a similar color temperature shall be used for similar types of lighting on any one site throughout any development. d. Light Spill/Trespass: If light trespasses onto adjacent property, house-side shields shall be used on light fixtures adjacent to residential zoned property to prevent glare, light spill, or trespass Specific Lighting Standards a. Building Mounted Lighting: Building mounted security light fixtures such as wall packs shall not project above the fascia or roof line of the building and shall be full cut-off. Building mounted fixtures shall not be substituted for parking area or walkway lighting and shall be restricted to loading, storage, service and similar locations. Page 94

103 CHAPTER 7 i. Accent Lighting: Only lighting used to accent architectural features, buildings, landscaping or art may be directed upward, provided that the fixture shall be located, aimed or shielded to minimize glare and light spill into the night sky. ii. Canopy Area Lighting: All developments that incorporate a canopy area over fuel sales, automated teller machines or similar installations shall use flat lens, full cutoff fixtures. iii. Parking Area Lighting: A minimum of 0.5 foot-candle of illumination is required on the parking surface, drive lanes and loading zones Excessive Illumination a. Any lighting used to illuminate off-street parking areas shall be down lit away from residential properties and public streets in such a way as not to create a nuisance. b. Lighting shall not be orientated so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers. c. All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor detectors, or turned off during non-operating hours Intensity of Illumination a. Adjacent to Residential Zoned Property: In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 foot-candles above ambient lighting conditions on a cloudless night. b. Adjacent to Non-Residential Zoned Properties: For non-residential zoned property adjacent to non-residential zoned properties, in no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 3.00 foot-candles above ambient lighting conditions on a cloudless night. c. Non-Residential Zoned Properties Adjacent to Right-of-Way: For nonresidential zoned property adjacent to right-of-way, in no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 1.20 footcandles above ambient lighting conditions on a cloudless night, provided, however, that the lighting on the nonresidential zoned property, when combined with the roadway lighting, does not create a traffic hazard because of illumination and/or glare on operators of motor vehicles. 7.8 Outdoor Storage and Display The purpose of the regulations and standards in this section is to provide consistent screening and surfacing standards for outdoor storage and outdoor sales display of vehicles, equipment, products, and materials Outdoor storage. a. Public Streets and Publicly Accessible Areas. i Outdoor storage shall not be visible from any view of a developed property; ii The following minimum screening requirements shall apply to outdoor storage adjacent to or potentially visible from public streets and publicly accessible areas identified in this section: iii A solid masonry wall not less than six feet high across the street frontage (but not within the street frontage yard), continuing back along the side of the property to a point equal to the building setback of any adjacent use; iv Screening landscaping in the street frontage yard, located in front of the masonry wall, to soften the view of the wall; b. Other Areas. The following minimum requirements shall apply to outdoor storage not adjacent to or potentially visible from public streets or publicly accessible areas identified in this section: i Chainlink fencing screened with either slats or vinyl covering, in combination with a five-foot-wide landscaped area; and Page 95

104 CHAPTER 7 ii Fast-growing, wide-spreading trees planted at an average spacing of 40 feet on center, clustered at appropriate locations to intensify the screening effect. c. General Screening Requirements. i No storage may exceed the height of the screening wall or fence. Walls or fences shall not exceed 15 feet in height. ii No screening wall or fence shall be located within a required street frontage yard. iii Screening walls and fences shall be architecturally compatible with the main structure. iv Surfacing. Outdoor storage areas shall be graded and drain all surface water accumulated within the area to a public storm drain. No specific surfacing treatment is required. Outdoor storage areas may be surfaced with partially permeable materials, if adequate drainage and erosion and dust control are provided. Unpaved outdoor storage areas are not subject to the off-street parking area landscaping requirements. v The use of shipping containers qualifies as outdoor storage and shall only be permitted in zoning districts in which outdoors storage is a permitted or conditional use. The shipping containers are subject to all of the standards and regulations for outdoor storage as found in this section Outdoor sales display a. General. i A site plan approval shall be required prior to the establishment of any outdoor sales display area. All screening, fencing, and landscaping are subject to review and approval by the Development Officer. ii Outdoor sales display areas may be located within a maximum of 10 percent of a street frontage yard; provided, that a landscaped strip six feet in width is maintained between the street right-of-way and the display area. b. Screening. i Outdoor sales display areas shall be screened from view by a masonry wall where the side or rear property line of the display area abuts an Residential district, or Planned Development or open space designated for future residential use in the general plan. Walls or fences shall not exceed eight feet in height. No sales display may exceed the height of the screening wall or fence. ii If a screening fence or wall is located on the property line, no additional fence or wall is needed to screen an outdoor sales display area; provided, the sales display does not exceed the height of and is not visible behind the fence or wall on the property line. c. Surfacing. i Outdoor storage areas shall be surfaced with either an asphaltic or portland cement binder pavement on a suitable base. Upon approval of a zoning use permit by the zoning administrator, other surfacing appropriate to the product displayed, including compacted gravel, turf, landscaping, etc., graded and drained as to dispose of all surface water accumulated within the area to a public storm drain, may be permitted. Asphalt or concrete walkways or aisles shall be provided to permit all-weather customer access to all areas of the outdoor display. d. Landscaping. A five-foot-wide landscaped area shall be provided at all perimeters of the outdoor display area, with ground cover, shrubs, and trees planted at an average spacing of 40 feet on center. 7.9 Traffic Impact Analysis Purpose A Traffic Impact Analysis (TIA) develops public/private partnerships to coordinate land use and transportation facility development. Both the City of Hondo and the land developer share in the responsibility to consider all reasonable solutions to identified transportation problems. Page 96

105 CHAPTER 7 The TIA study looks at development size and use and determines the effect of that use on the existing roadway system. This process fosters a roadway system that accommodates the proposed land use and may recommend mitigation measures to foster efficient traffic flow around the proposed site Requirement The City of Hondo requires that a Traffic Impact Analysis (TIA) study be done for zoning revisions and site plans. Both types of TIA s, share the goal of identifying the relationship between land use and transportation needs. TIA s are required whenever the additional sitegenerated Average Daily Traffic (ADT) is more than or equal to 8,000. Traffic Impact Analysis studies shall be performed by a consultant qualified to practice Transportation Engineering in the State of Texas. Requirements for mitigating negative traffic impacts shall apply to all zoning cases and site plans. The applicant or developer shall provide the consultant services. Typical procedures shall be followed in preparing traffic impact studies submitted to the City of Hondo. Two types of TIA s may be required for development in Hondo: A Rezoning TIA and/or a Site Plan TIA Transportation Improvements Program (TIP) A 5-year schedule and funding program of all approved and committed transportation improvements Rezoning Traffic Impact Analysis Content The Traffic Impact Analysis (TIA), done at the time of a zoning change request, determines the traffic loading that the proposed zoning will impose on the thoroughfare system in a future design year. The study also evaluates if the impacted road system, as planned, can handle the traffic loading at Level of Service (LOS) D or better in the peak hour. The study area shall be a one mile radius for less than 10,000 trips per day. A larger radius may be considered for more than 10,000 trips per day. The following elements should be included in the Zoning TIA document submitted to the City: a. Study Area Maps b. Proposed Trip Generation c. Existing Zoning d. Net Increased Trip Generation and Distribution e. Proposed Zoning f. Level of Service Analysis g. Thoroughfare Network h. Conclusions i. Existing Traffic Volumes Site Plan Traffic Impact Analysis Content A Traffic Impact Analysis, at the time of site plan approval, defines the immediate traffic impacts of the proposed development and proposes transportation improvements (public or private) to foster satisfactory levels of service on affected roads. Traffic levels exceeding Level of Service D, where the development is contributing five percent or more of the total trips, should be mitigated. The detail of a Site Plan Traffic Impact Analysis study is greater than TIA s prepared for Zoning cases. The study area shall be a minimum of a one mile radius at the discretion of the Development Officer. The following elements should be included in the Site Plan TIA document submitted to the City: a. Study Area Maps b. Trip Distribution and Assignment c. Existing Zoning and Development d. Level of Service Analysis Page 97

106 CHAPTER 7 e. Proposed Development Zoning f. Conclusions g. Thoroughfare Network h. Mitigation i. Proposed Trip Generation 7.10 Drainage and Stormwater Management All drainage and stormwater management development shall comply with the requirements of Chapter 3, Article 3.06, Flood Damage Prevention, of the City of Hondo Code of Ordinances. Page 98

107 8 CHAPTER! 1 SUBDIVISION AND DESIGN IMPROVEMENTS 8.1. Purpose and Applicability 8.2. Platting Requirements 8.3. Construction Plans and Procedures 8.4. Subdivision Design Standards 8.5. Requirements for Park Land Dedication 8.6. Construction, Guarantee of Performance, and Acceptance of Public Infrastructure 8.7. Responsibility for Payment of Installation Costs

108 CHAPTER Purpose and Applicability The purpose is to establish the basic and minimum design and improvement standards which will be required for lots, streets, utilities, and other physical elements in the subdivision. Standards exceeding these minimum requirements may be provided by the subdividers, or required by the Planning and Zoning Commission. The public improvement specifications should generally be consulted for detailed standards, procedures and requirements, and are specifically cited herein. 8.2 Platting Requirements Subdivision Process Summary (Insert Table) Pre-Application Meeting Prior to the submission of any preliminary plat (other than a minor plat) a pre-application conference shall be required. The pre-application conference shall be held with the Development Officer prior to the submittal of a preliminary plat. The purpose of the preapplication conference is to discuss the owner/developer s intentions for the development, and the features of the site. (See Appendix for Pre-Application Meeting submittal) Types of Plats a. Preliminary Plat b. Final Plat c. Minor Plat d. Replat e. Amending Plat f. Plat Vacation Petition for Development Agreement Before the final subdivision plat is signed by the Chairman of the Planning and Zoning Commission, all applicants shall be required to complete, in accordance with the Planning and Zoning Commission s decision and to the satisfaction of the Development Officer, all the street, sanitary and other public improvements, including lot improvements on the individual lots of the subdivision, as required in these regulations, specified in the final subdivision plat and as approved by the Planning and Zoning Commission, and to dedicate those public improvements to the City of Hondo, free and clear of all liens and encumbrances on the dedicated property and public improvements. g. Subdivision Improvement Agreement and Guarantee: i The Planning and Zoning Commission in its sole discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final subdivision plat and, as an alternative, permit the applicant to enter into a subdivision improvement agreement by which the subdivider covenants to complete all required public improvements no later than two (2) years following the date on which the Chairman of the Planning and Zoning Commission signs the final subdivision plat. The applicant shall warrant that all required public improvements will be free from defect for a period of one (1) year following the acceptance by the City of the dedication of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the Planning and Zoning Commission. Subdivision improvement agreements shall be applicable and apply to each and every phase of the associated subdivision. ii Covenants to Run: The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs, and assignees of the subdivider. The subdivision improvement agreement shall be approved by the Planning and Zoning Commission, and shall be recorded in the official records of the County Clerk of Medina County. iii Security: Whenever the Planning and Zoning Commission permits an applicant to enter into a subdivision improvement agreement it shall require the applicant to provide a certified letter of credit, bond, or cash escrow as security for the performance Page 100

109 CHAPTER 8 of the promises and obligations contained in the subdivision improvement agreement. Each approved form of security shall be in an amount equal to one hundred percent (100%) of the estimated cost of completion of the required public improvements, including lot improvements. The type, form of and all other matters related to the security shall be subject to the approval of the Planning and Zoning Commission. iv Letter of Credit: If the applicant posts a letter of credit as security for the performance of the promises and obligations contained in the subdivision improvement agreement, the letter of credit shall (1) be irrevocable; (2) be for a term sufficient to cover the completion, maintenance and warranty periods in Section (A); (3) require only that the City present the letter of credit with a sight draft and an affidavit signed by the City of Hondo legal counsel attesting to the City of Hondo s right to draw funds under the letter of credit; and (4) be in a form acceptable to the City s legal counsel. v Bond: The applicant may file a bond for the full value of the proposed subdivision improvements executed by a surety company holding a license to do business in Texas and including terms acceptable to the City. The City may impose reasonable terms on both the bonding initiation and release procedures. The bond shall be in a form acceptable to the City s legal counsel. vi Cash Escrow: If the applicant posts a cash escrow as security for the performance of the promises and obligations contained in the subdivision improvement agreement, the escrow instructions shall provide: (1) that the subdivider will have no right to a return of any of the funds and (2) that the escrow agent shall have a legal duty to deliver the funds to the City of Hondo whenever the City of Hondo legal counsel presents an affidavit to the agent attesting to the City of Hondo s right to receive funds, regardless of whether or not the subdivider protests that right. vii If and when the City of Hondo accepts the offer of dedication for the last completed required public improvement, the City shall execute a waiver of its right to receive all but twenty-five percent (25%) of the funds represented by the letter of credit, bond, or cash escrow if the subdivider is not in breach of the subdivision improvement agreement. The retained funds shall be security for the subdivider s covenant to maintain the required public improvements and its warranty that the improvements are free from defect, liens and encumbrances. 8.3 Construction Plans and Procedures Construction Plans a. Before beginning any construction of the improvements outlined in this section on proposed public improvements pertaining to the subdivision, six (6) complete sets of approved plans and specifications of such construction shall be filed with the Development Officer. Plans shall be prepared on standard double plan-profile sheets, approximately twenty-four inches by thirty-six inches (24 x 36 ), and shall show a plan and profile view of all existing and proposed improvements, with such additional cross-sections and details required to adequately provide necessary information. Specifications shall indicate the type of material and construction desired, and shall be detailed sufficiently to insure proper construction. All plans and specifications shall be prepared by a registered professional engineer or a licensed state land surveyor and shall have his seal affixed thereon. b. All improvements shall be designed and constructed in a manner approved by the Development Officer or his appointed representative. If any part of the proposed construction is considered unsatisfactory, construction operations shall not be started on the affected portions until alterations are made so that the completed work shall comply to the standards approved by the Development Officer. Page 101

110 CHAPTER 8 c. The following minimum standards for improvements shall be agreed to and complied with in each subdivision lying within the City of Hondo or within one (1) mile from the corporate limits of the city, before final approval of a plat by said commission. Street, alley and crosswalk-way improvement plans. The plans and profiles for street, alley and crosswalk-ways, and drainage easement improvements submitted shall include the following information: Typical sections showing the proposed pavement width, type, thickness and crown; the proposed curb or curb and gutter type, location in relation to centerline and exposure; the proposed sidewalk dimensions and location in relation to curbs and property lines; the proposed parkway grading slopes. This information shall be given for each different type of streets and alleys in the subdivision. Construction details of all drainage structures including dimensions, reinforcing and components such as grates and manhole covers. Alignment of each street, alley, crosswalk-way and drainage easement showing a beginning and ending station; each deflection angle of the centerline and the station of the point of intersection; the station of the point of curvature and the point of tangency of each curve; the station and angle of intersection with another street, alley or drainage easement; that station and radius of each curb return; the location of adjacent right-of-way lines; the location and limits of sidewalks and curbs of each street; of all storm sewers. The length, width and thickness of cement stabilized base. Location, description and elevation of benchmarks; the top or curb grade at each curb end, each fifty-foot (50 ) station and each end of each curb return; the centerline grade at each end and at each fifty-foot (50 ) station of alleys and drainage ditches; the gradient of each tangent grade and the location and length of each vertical curve; the direction of storm drainage flow at each intersection; the flow line elevations of each drainage structure; the flow line elevation of each storm sewer at each point of change of grade and each end and the intervening gradients. The profiles of streets, alleys and drainage ditches shall show the natural ground at adjacent property lines and the proposed centerline. Scale, north arrow and date. Plan and profile shall be drawn to scales of one inch (1 ) equal to fifty feet (50 ) horizontally and one inch (1 ) equal to five feet (5 ) vertically. All street and alley plans and profiles shall bear the seal of a registered professional engineer or a licensed state land surveyor Pre-Construction Meeting Prior to the construction of any public improvements, a pre-construction meeting is required with the Development Officer. The purpose of the meeting will be to identify City of Hondo representatives responsible for the inspection of public improvements, during the construction phase Construction Release Construction release shall occur after construction plans have been submitted, reviewed and approved and a pre-construction meeting has been held with the Development Officer Inspection, Maintenance, and Acceptance of Public Improvements a. The Development Officer shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay to the City of Hondo an inspection fee based on the estimated cost of construction, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the Development Officer unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the City of Hondo and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Development Officer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the City of Hondo s Page 102

111 CHAPTER 8 construction standards and specifications, the applicant shall be responsible for properly completing the improvements. b. Release or Reduction of Security: i Certificate of Satisfactory Completion: The Development Officer shall not accept dedication of required improvements, nor release nor reduce the amount of any security posted by the subdivider until the Development Officer has submitted a certificate stating that all required improvements have been satisfactorily completed and until (1) the applicant s engineer or surveyor has certified to the City of Hondo, through submission of a detailed as-built survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the Development Officer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision, and (2) a title insurance policy paid for by the subdivider has been furnished to and approved by the City of Hondo legal counsel indicating that the improvements have been completed, are ready for dedication to the City of Hondo, and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation the Development Officer shall thereafter accept the improvements for dedication in accordance with the established procedure. ii Reduction or Release of Security: The amount of security for the subdivision improvements shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall a security be reduced below twenty-five percent (25%) of the principal amount. Funds held in the escrow account shall not be released to the subdivider, in whole or in part, except upon express written instructions of the Hondo City Manager. At the end of the maintenance and warranty periods, all remaining security, if any, shall be released to the subdivider. iii Maintenance of Improvements: The developer shall be required to maintain all required public improvements on the individual subdivided lots if required by the Development Officer, until acceptance of the improvements by the Development Officer. If there are any certificates of occupancy on a street not dedicated to the City of Hondo, the City may on twelve (12) hours notice effect emergency repairs and charge those costs to the developer. 8.4 Subdivision Design Standards Adequate Public Facilities a. No plat shall be approved unless the Planning and Zoning Commission determines that adequate public facilities and services are available to support and service the proposed subdivision. The applicant shall, at the request of the Planning and Zoning Commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public facilities and services to be examined for adequacy will include, but not be limited to, streets, sewerage, water, gas, electricity, telecommunications, and cable. b. Periodically the City Council may establish by resolution or ordinance, after public hearing, standards for the determination of the adequacy of public facilities and services. To provide the basis for the standards, the Planning and Zoning Commission shall prepare an analysis of current growth and the amount of additional growth that can be accommodated by future public facilities and services. The Planning and Zoning Commission shall also recommend any changes in plat approval criteria it finds appropriate in the light of its experience in administering these regulations. c. The applicant for a preliminary plat shall, at the request of the Planning and Zoning Commission, submit sufficient information and data regarding the proposed subdivision Page 103

112 CHAPTER 8 to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision. d. Water. All habitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection. All new development shall be required to acquire water rights sufficient to meet the projected demand of water customers within the proposed development. These rights shall be transferred to the City of Hondo upon subdivision approval and acceptance of infrastructure. e. Wastewater. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment. f. Stormwater Management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The City of Hondo may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments. g. Extension Policies. i All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, gas lines, electric lines, telecommunications lines, and cable lines shall be constructed through new development to promote the logical extension of public infrastructure. The City of Hondo may require the applicant of a subdivision to extend off-site improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval. ii Public facilities are to be installed by the developer at his cost without participation from the City of Hondo Conformance to Plans and Codes Proposed public improvements shall conform to and be properly related to the City of Hondo Comprehensive Master Plan and all applicable capital improvements plans, ordinances, and regulations Monuments a. Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as required by the Planning and Zoning Commission. b. Monuments shall be made of an iron rod of three-quarters of an inch (3/4 ) in diameter and thirty-six inches (36 ) long with its top set two inches (2 ) above the ground surface. When required by the Planning and Zoning Commission, monuments shall be set in concrete. c. Iron pins at lot corners shall be of one-half-inch (1/2 ) iron rods, twenty-four inches (24 ) long, with tops set two inches (2 ) above the ground Blocks a. The lengths, widths and shapes of blocks shall be determined with due regard to: i Provision of adequate building sites suitable to the special needs of the type of use contemplated. ii Zoning requirements as to lot sizes and dimensions. iii Needs for convenient access, circulation, control and safety of street traffic. iv Limitations and opportunities of topography. Page 104

113 CHAPTER 8 b. Right-of-way pedestrian crosswalks, not less than ten feet (10 ) wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities Lots a. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. i Lot dimensions shall conform to the following: ii In no event shall a lot without sewer service iii Depth and width of properties reserved or laid out for non-residential purposes shall be adequate to provide for the off-street service and parking facilities required by the type or use and development contemplated. b. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. c. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street. d. Double frontage and reverse frontage lots should be avoided except where essential to provide separation or residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet (10 ), and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. e. Side lot lines shall be substantially at right angles or radial to street lines Alleys a. Alleys shall be provided in commercial and industrial districts, except that the Planning and Zoning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. b. The width of an alley shall be twenty feet (20 ). c. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. d. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end, as determined by the Planning and Zoning Commission Homeowners or Property Owners Associations (Reserved) Sidewalks / Trails a. Sidewalks shall be provided for along both sides of public streets. b. Trail connections shall be developed in accordance with the City of Hondo Comprehensive Master Plan. c. Construction Specifications i Concrete sidewalk, crosswalk-ways and drive approaches shall be constructed in conformity to the typical sections and to the lines and grades established by the Development Officer. ii Forms may be either metal or wood. Where wood forms are used, they shall be of material well seasoned and clean. All forms must everywhere extend the full depth of the concrete, and must be well braced so that the placing and tamping of the concrete will not bulge them. Before concrete is placed, forms must be thoroughly wet with water, or treated with a light clear oil. iii Subgrade for sidewalks, crosswalk-ways and drive approaches shall be excavated so as to have a layer or cushion at least two inches (2 ) thick of good adobe gravel, crushed screenings, gravel and sand, crushed rock or coarse sand which must be spread, wetted Page 105

114 CHAPTER 8 and thoroughly tamped and leveled not less than four inches (4 ) below the established grade for sidewalks and crosswalk-ways and not less than five inches (5 ) below the established grade for driveway approaches. Where the subgrade is rock, adobe or gravel, seventy percent (70%) of which is rock, the two inches (2 ) of cushion need not be used. This question as to whether the foundation does or does not require the twoinch cushion is to be determined solely by the Development Officer. iv In the event the subgrade is undercut, the necessary backfill shall be made with the same material used for the two-inch cushion. v Reinforcement for sidewalks and crosswalk-ways shall consist of one (1) layer of sixinch by six-inch (6 x 6 ) #10 wire mesh of no. 3 (three-eighths-inch (3/8 )) round bars placed not more than eighteen inches (18 ) on centers both directions. Where steel is lapped, the lap shall not be less than fifteen inches (15 ). Reinforcement for drive approaches shall consist of one (1) layer of six-inch by six-inch (6 x 6 ) no. 6 wire mesh or no. 3 bars as specified for sidewalks. vi Transverse expansion joints three-eighths of an inch (3/8 ) in thickness, and extending the full width of the walk, shall be provided at intervals of not more than fifty feet (50 ). Joints must be the full depth of the concrete, and shall be filled with satisfactory and elastic filler approved by the Development Officer. Where a new section of sidewalk is to connect with a walk previously constructed, or abuts on the curbing, an expansion joint must be made and filled as above provided. Reinforcing bars shall extend ten inches (10 ) beyond the expansion joint, and the ends shall be wrapped with building paper so that the ten inches (10 ) shall not be bonded to the concrete. Approved types of slip joints may be used in place of wrapping ends of bars. When wire mesh reinforcing is used, three (3) three-eighths-inch (3/8 ) round smooth dowel bars not less than eighteen inches (18 ) in length, installed as specified above for bar reinforcing, shall be provided at each expansion joint. vii Concrete for walks shall have a minimum compressive strength of two thousand five hundred (2,500) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. gallons per sack (ninety-four (94) pounds) of portland cement. The slump of the concrete shall not exceed four inches (4 ). Concrete which has partially set shall not be retempered or remixed by adding additional ingredients, but shall be disposed of. All tests for ingredients and concrete shall be made in accordance with the applicable methods of tests of the American Society for Testing Materials. viii Sidewalks and crosswalk-ways shall have a monolithic finish and shall be floated and troweled to a uniform smooth surface, then finished with a camel hair brush or wood float so as not to be left with a slick or glossy finish. ix The marking of joints of the top surface must be done with a specially devised marking tool made for such purposes. Edges of the sidewalks and expansion joints shall be rounded with an edger to a radius of one-half inch (1/2 ).The completed walks and drive approaches shall be cured in accordance with good engineering practice as approved by the Development Officer Streets a. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Master Plan, if available, and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. b. Where such is not shown in the general Comprehensive Master Plan, the arrangement of streets in a subdivision shall either: Page 106

115 CHAPTER 8 i Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or ii Conform to a plan for the neighborhood approved or adopted by the Planning and Zoning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. c. Minor streets shall be so laid out that their use by through traffic will be discouraged. d. Where a subdivision abuts or contains an existing or proposed arterial street, the Planning and Zoning Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. e. Where a subdivision borders on or contains a railroad right-of-way, the Planning and Zoning Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. f. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the city under conditions approved by the Planning and Zoning Commission. g. Street jogs with centerline offsets of less than one hundred twenty-five feet (125 ) should be avoided. h. A tangent at least one hundred feet (100 ) long shall be introduced between reverse curves on arterial and collector streets. i. When connecting street lines deflect from each other at any one point by more than ten degrees (10 ), they shall be connected by a curb with a radius adequate to insure a sight distance of not less than fifty feet (50 ) for minor and collector streets, and of such greater radii as the Planning and Zoning Commission shall determine for special cases. j. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect another street at less than eighty degrees (80 ). k. Property lines at street intersections shall be rounded with a radius of fifteen feet (15 ), or of a greater radius where the Planning and Zoning Commission may deem it necessary. The Planning and Zoning Commission may permit comparable cutoffs or chords in place of rounded corners. l. Street right-of-way widths shall be as shown in the general community plan and where not shown therein, shall be not less than as follows: i Radial, 110 feet ii Thoroughfares, 86 feet iii Collector, 60 feet iv Minor, 50 feet v Marginal, 40 feet m. Half streets shall be prohibited. Wherever a half street has already been provided adjacent to a tract to be subdivided, the other remaining half of the street shall be platted within such subdivision. n. Cul-de-sacs, in general, should not be longer than five hundred feet (500 ) and shall be provided with a turnaround having an outside roadway diameter of at least eighty feet (80 ), and a street property line diameter of at least one hundred feet (100 ). o. No street name shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning and Zoning Page 107

116 CHAPTER 8 Commission. When a new street joins and becomes an extension of an existing street, the name of the existing street shall be used for such new extension. p. At each street intersection, the curb shall be rounded with radius R varying with the interior angle as specified in the following table, unless sufficient data is presented to show the strict adherence to this requirement is impractical due to topographic or engineering considerations Interior Angle in Degrees Intersection of Two Minor or Collector Streets R Intersection of Collector or Minor Streets and Thoroughfare Streets R Intersection of Thoroughfare Street R q. At each intersection the property line at each block corner shall be rounded with a curve of radius R varying with the interior angle as specified in the following table, unless sufficient data is presented to show that strict adherence to this requirement is impractical due to topographic or engineering considerations: Intersection of Intersection of Minor Interior Collector Street Arterial Streets Angle R R r. The minimum thickness of the compacted base shall be seven inches (7 ) for commercial and residential alleys, minor and marginal access streets, collector streets and secondary streets; and twelve inches (12 ) for major thoroughfares and radial streets in accordance with details shown on the typical cross-sections. Page 108

117 CHAPTER 8 s. The minimum rate of application of the asphalt surface course shall be one hundred sixtyfive (165) pounds per square yard for alleys, minor streets and marginal access streets; one hundred ninety (190) pounds per square yard for collector streets; and two hundred twenty (220) pounds per square yard for primary and secondary streets in accordance with the details shown on the typical cross-sections. t. Concrete curb or monolithic curb and gutter constructed in accordance with the details shown on the typical cross-sections. u. Street and alley grades shall, in general, conform to the terrain and shall not exceed the following: Street or Alley Type Percent Grade (Designated by state Expressway highway department) Radial 5% Thoroughfare 5% Collector 7% Minor 10% Marginal access 10% Alley 10% v. No street or alley grade shall be less than three-tenths (0.3) of one percent (1%) less unless otherwise specified by the Development Officer. w. Horizontal curves shall be not less than the following: Street Type Centerline Radius (Designated by state Expressway highway department) Radial 1200' Thoroughfare 700' Collector 400' Minor 100' Marginal access 100' x. Parkway slopes are to be one-quarter inch (1/4 ) per foot toward the street except in heavy cuts, where a maximum of one inch (1 ) per foot will be permitted. y. Where divider strips on primary and secondary streets are constructed without curb, they shall be graded to slope one-quarter inch (1/4 ) per foot from the center of the divider strip to a point seven inches (7 ) from and seven inches (7 ) above the edge of pavement and from said point to edge of pavement. z. Two (2) benchmarks shall be established on iron rods embedded in concrete monuments six inches (6 ) in diameter and set in the ground to a depth of three feet (3 ), or on equally permanent locations approved by the Development Officer and set to U.S. Coast and Geodetic Survey Datum. Page 109

118 CHAPTER 8 aa. Concrete streets may be constructed in lieu of compacted flexible base or cement stabilized base with asphalt surfacing in accordance with designs and specifications which shall be approved by the Development Officer. bb. Construction specifications for streets, alleys and crosswalk-ways. i Preparation of subgrade. All unstable or otherwise objectionable material of the subgrade shall be removed and replaced with approved materials. All holes, ruts and depressions shall be filled with approved material, and, if required, the subgrade shall be thoroughly wetted with water, reshaped, and rolled to the extent directed in order to place the subgrade in an acceptable condition to receive the base material. The surface of the subgrade shall be finished to line and grade as established in conformity with typical sections, and any deviation in excess of one-half inch (1/2 ) in cross-section and in length of sixteen feet (16 ) measured longitudinally shall be corrected by loosening, adding or removing materials, reshaping and compacting by sprinkling and rolling. Sufficient subgrade shall be prepared in advance to insure satisfactory prosecution of the work. Subgrade materials shall be compacted by approved mechanical temping equipment to an apparent dry density of the total material of not less than ninety percent (90%) of the maximum dry density as determined by the modified Proctor compaction test made in accordance with the procedure outlined in the Texas Department of Transportation testing manual. Tests for density will be made within twenty-four (24) hours after compaction operations are completed. If the material fails to meet the density specified, it shall be reworked as necessary to obtain the density required. When a fill is required to achieve the prescribed subgrade elevation, such fill shall be placed in uniform lifts covering the entire width of the cross-section. Prior to compaction, the layers shall not exceed a six-inch (6 ) depth where pneumatic tire rolling is to be used and shall not exceed eight inches (8 ) in depth for rolling with other types of rollers. Each lift shall be compacted to the required density before succeeding lifts are placed. All earthwork within the right-of-way, including parkway grading, required to achieve the typical section shown on the plans, shall be done in conjunction with the preparation of subgrade and in no case will it be allowed to remain incomplete after the paving is completed. ii Flexible base. The flexible base course shall have a compacted thickness as designated by the typical cross-sections, and shall be constructed as is herein specified in two (2) or more courses or of equal compacted thickness, not to exceed five inches (5 ) each. The material shall conform to the requirements of Texas Department of Transportation specifications, item 215 (Crushed Stone), unless otherwise approved by the Development Officer. The crushed stone shall have an abrasion of not more than forty (40) when subjected to the Los Angeles Abrasion Test (AASHO-T96). iii First course The required amount of specified material shall be delivered in each one-hundred-foot (100 ) station. Material deposited upon the subgrade shall be spread and shaped, the same day. In the event inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first twenty-four-hour period, the material shall be scarified and spread as directed by the Development Officer. The material shall be sprinkled, if directed, and shall then be bladed, dragged and shaped to conform to typical sections as shown on plans. All areas and nests of segregated coarse of or fine material shall be corrected or removed and replaced with well-graded material, as directed by the Development Officer. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be furnished and applied in the amount directed by the Development Officer. Such binder Page 110

119 CHAPTER 8 material shall be carefully and evenly incorporated with the material in place by scarifying, harrowing, brooming, or by other approved methods. The course shall then be sprinkled as required and rolled as directed until a uniform compaction is secured. Throughout this entire operation, the shape of the course shall be maintained by blading. The surface upon completion shall be smooth and in conformity with the typical sections shown on the plans and to the established lines and grades. iv Succeeding courses. Construction methods shall be the same as prescribed for the first course. Any deviations in the finished course in excess of one-fourth inch (1/4 ) in cross-section and in length of sixteen feet (16 ) measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling.flexible base materials shall be compacted by approved mechanical tamping equipment to an apparent dry density of the total material of not less than ninety-five percent (95%) of the maximum dry density as determined by the modified Proctor compaction test made in accordance with the procedure outlined in the Texas Department of Transportation testing manual. Tests for density will be made within twenty-four (24) hours after compaction operations are completed. If the material fails to meet the density specified, it shall be reworked as necessary to obtain the density required.each course of five inches (5 ) or less shall be compacted to full required density before succeeding layers are placed. v Prime coat The asphalt material for prime coat shall meet the requirements for Cutback Asphalt, MC-1, item 350, Texas Department of Transportation specifications.prime coat shall be applied, as directed by the Development Officer, with an approved sprayer at a rate of not to exceed 0.20 gallons per square yard of surface. vi Tack coat The asphalt material for tack coat shall meet the requirements for Cutback Asphalt, RC-2, item 350, Texas Department of Transportation. vii Tack coat shall be applied when and as directed by the Development Officer, with an approved sprayer at a rate of not to exceed 0.10 gallons per square yard of surface. viii Surface course The compacted surface course shall be applied at the rate of one hundred sixty-five (165) pounds per square yard on alleys, minor streets, and marginal access streets, and two hundred twenty (220) pounds per square yard on primary and secondary streets, constructed as herein specified in accordance with details shown on typical crosssections. Measurement by weight shall be on truck scales approved by the Development Officer. Records shall be kept on the tare load, total load, and net load of the mixture for each load of same. The paving mixture and construction methods shall conform to item 317, Hot Mix Asphaltic Concrete, type D, of the standard specifications adopted by the State Highway Department of Texas, January 2, 1951, with the exceptions of the amended clauses cited below: Stability of item 317.1, Description, is hereby supplemented by the following: The stability of the compacted mixture shall not be less than forty-five percent (45%) nor more than sixty-five percent (65%). Page 111

120 CHAPTER 8 Coarse Aggregate, of item 317.2, Materials, is hereby supplemented by the following: The coarse aggregate for type D shall have an abrasion of not more than thirty-five (35) when subjected to the Los Angeles Abrasion Test (AASHO-T96). Spreading and Finishing Machine, of item 317.4, Equipment, is hereby supplemented by the following: The surface shall be laid by the use of spreading and finishing machine of the screening and troweling type, or of a type approved by the Development Officer. The surface of the finished pavement shall meet the requirements of the typical crosssection and the surface test. ix In case of residential alleys, minor streets, collector and marginal residential access streets, Alternate 1 may be used in lieu of hot mix asphaltic concrete. Alternate No. 1 Cold Mix Limestone Rock Asphalt. Measurement by weight shall be on truck scales approved by the Development Officer. Records shall be kept on the tare load, total load, and net load of the mixture for each load of same. The paving mixture and construction methods shall conform to item 314, Cold Mix Limestone Rock Asphalt, type C, of the standard specifications adopted by the State Highway Department of Texas, January 2, 1951, with the exception of the amended clause cited below: Spreading and Finishing Machine, of item 314.4, Equipment, is hereby supplemented by the following: The surface course, type C, shall be laid by use of a motor grader or by the use of a spreading and finishing machine of the screening and troweling type, or of a type approved by the Development Officer. The surface of the finished pavement shall meet the requirements of the typical cross-section and the surface test. cc. Curb, and gutter i Concrete curb or curb and gutter shall be constructed in conformity with the typical sections and to the lines and grades established by the Development Officer. ii Forms may be either metal or well-seasoned wood not less than two inches (2 ) in thickness. All forms must extend the full depth of the concrete and must be well braced so that the placing and tamping of the concrete will not bulge them. Before concrete is placed, all forms must be thoroughly cleaned and oiled with a heavy form oil or grease. Templates for joints shall be made of steel not less than three-sixteenths of an inch (3/16 ) in thickness and patterned to the shape of the curb or curb and gutter. Templates shall be oiled and cleaned the same as the forms and spaced so as to cut the curb or curb and gutter in sections of not less than eight feet (8 ) nor more than ten feet (10 ) in length. Steel templates shall extend for a distance of eight inches (8 ) from the top down. iii The subgrade shall be excavated so as to have a layer of cushion at least two inches (2 ) thick of approved material as shown on the typical sections under curbs or curb and gutter. Where the subgrade is rock, adobe or gravel, seventy percent (70%) of which is rock, the cushion need not be used if in the judgment of the Development Officer it is not necessary. In the event of undercut, backfilling with earth will not be permitted. Such backfill shall be accomplished with the material used for base on the adjacent street or with other stable material approved by the Development Officer. All such backfill and cushion shall be leveled, wetted and thoroughly compacted. iv Where curb and gutter is to be built, base material shall first be applied, spread and compacted, in accordance with the requirements of Flexible base, to the full width of the cross-section and in the quantities necessary to achieve the elevation of the bottom of the curb and gutter. v Curb or gutter and curb shall be reinforced as shown on the typical sections. All steel laps shall be not less than fifteen inches (15 ). Page 112

121 CHAPTER 8 vi Transverse expansion joints one-half inch (1/2 ) in thickness and extending the full width of the curb or curb and gutter, shall be provided at intervals of not more than fifty feet (50 ). Such joints must be the full depth of the concrete and be of a material approved by the Development Officer. vii Two (2) round smooth steel dowel bars one-half inch (1/2 ) in diameter and eighteen inches (18 ) in length shall be installed at each expansion joint in curb and curb and gutter. One (1) nine-inch (9 ) end of each dowel shall be thoroughly coated with hot oil asphalt or red lead, then wrapped in building paper so that the nine inches (9 ) shall not be bonded to the concrete. In curb, the dowels shall be placed on the vertical centerline three inches (3 ) from the top and bottom. In curb and gutter, the dowels shall be placed as shown on the typical sections. viii Concrete for curbs or curb and gutter shall have a minimum compressive strength of two thousand five hundred (2,500) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. gallons per sack (ninetyfour (94) pounds) of portland cement. The slump of the concrete shall not exceed five inches (5 ). Concrete which has partially set shall not be retempered or remixed by adding additional ingredients, but shall be disposed of. All tests for ingredients and concrete shall be made in accordance with the applicable methods of tests of the American Society for Testing Materials. ix The finish for curb or curb and gutter shall be as specified for sidewalks with all exposed surfaces finished. It shall not be permissible to plaster curbs where forms have stayed on overnight. The forms must be removed and the curb finished monolithic the same day as concrete is poured. x The completed curb or curb and gutter shall be cured in accordance with good engineering practice as approved by the Development Officer. dd. Backfill trenches i All utility trenches within the limits of proposed pavement shall be backfilled by one (1) of the following methods: Material taken from the trench shall be placed in uniform layers not more than twelve inches (12 ) in depth (loose measurements) and shall be compacted to the density specified herein, except that up to and including the first twelve inches (12 ) of backfill above the pipe may be settled by jetting with water. Each layer of backfill material, if dry, shall be wetted uniformly to the moisture content required to obtain the specified density, and shall be compacted to the required density by means of a mechanical tamper. The compaction shall be such that the apparent dry density of the minus onefourth inch (1/4 ) material in each layer shall be not less than ninety percent (90%) of the maximum dry density as determined by tests on samples of the Proctor compaction test (AASHO Method T-99-38). Material taken from the ditch shall be placed in uniform layers not more than five feet (5 ) in depth (loose measurement) and shall be compacted to the density specified herein, except that up to and including the first twelve inches (12 ) of backfill above the pipe may be settled by jetting with water. Each layer of backfill, if dry, shall be wetted uniformly to the moisture content required to obtain the specified density by means of a mechanical ditch tamping machine, having a five-hundred-pound, twelve-inch (12 ) square tamper, capable of developing four thousand (4,000) foot-pounds at full stroke. The compaction shall be such that the apparent dry density of the minus one-fourth inch (1/4 ) material in each layer shall not be less than ninety percent (90%) of the maximum dry density as determined by tests on samples of the material by the Proctor compaction test (AASHO Method T-99-38). Page 113

122 CHAPTER 8 Selected materials taken from the trench shall be placed alongside and on top of the pipe for a depth of twelve inches (12 ), wetted if required by the Development Officer, and compacted thoroughly or settled by jetting with water. The remaining depth of the ditch shall then be backfilled with a uniform plastic mixture of flexible base, cement and water. Each cubic yard of the mixture shall contain a minimum of one (1) sack (ninety-four (94) pounds) of cement and the necessary amount of water to obtain a plastic mixture. The cement and aggregate shall be mixed in an approved mechanical mixer. Cement stabilized backfill may, as an alternate, consist of commercial transit mix concrete containing a minimum of one (1) sack (ninety-four (94) pounds) of cement per cubic yard. Cement stabilized backfill shall be placed within one (1) hour after mixing and shall be placed and rodded in such manner as to completely fill the backfill area. Before placing cement stabilized backfill, the trench shall be cleaned of any extraneous material and thoroughly wet. All surplus dirt excavated from the ditch shall be removed from the site. Trench backfill within the limits of alley pavement may be settled by thoroughly jetting with water, provided such jetting is done by not less than six (6) months prior to the construction of flexible base for pavement over such backfill. In addition to the above-described methods of backfill, where soil conditions permit, utility lines may be installed by jacking or boring and jacking. When pipe is jacked into place without boring the top of the pipe shall be not less than four feet (4 ) below subgrade. When holes are bored, the top of the pipe shall be not less than three feet (3 ) below subgrade. Ordinarily the pipe will be pushed into position as the boring auger drills out the ground. Pipe will be placed after the bore is completed only in cases approved by the Development Officer. In no case will bored holes be appreciatively larger than the pipe to be installed. ee. Divider surfacing i Dividers having curbs shall be surfaced in accordance with these specifications, as shown on the typical cross-sections of figure I and to the lines and grades established by the Development Officer. ii The subgrade shall be finished to the established grades and will be sprinkled and compacted to the extent directed by the Development Officer in order to place it in an acceptable condition to receive the base material. It shall be firm and free from unstable material and shall be approved by the Development Officer prior to the placing of base material. iii The base material shall either conform to the requirements of Flexible base of these specifications or shall conform to Texas Department of Transportation specifications, item 213, Bank-run Gravel. The base material shall be applied, compacted and shaped in accordance with the requirements of Flexible base of these specifications. The completed case course shall have a minimum depth of four inches (4 ) and shall be finished flush with the top of the curb. The completed base shall receive a surface composed of two (2) applications of asphaltic material each covered with aggregate, applied in accordance with the provisions of Texas Department of Transportation specifications, item 305, Two Course Surface Treatment, except as such specifications conflict with the specific provisions of these specifications. The asphaltic material shall be oil asphalt, O.A. 230, approved by the Development Officer. The first application of asphalt shall be at a rate sufficient to provide not less than twenty-five hundredths (0.25) of a gallon of bitumen per square yard of surface. The second application of asphalt shall be at a rate sufficient to provide not less than thirty-five hundredths (0.35) of a gallon of bitumen per square yard of surface. Page 114

123 CHAPTER 8 The aggregate used shall conform to Texas Department of Transportation specifications, item 351, type A or type B. The first application of aggregate shall be grade 5 and shall be applied as directed by the Development Officer at a rate of not more than one (1) cubic yard per ninety (90) square yards of surface and not less than one (1) cubic yard per one hundred five (105) square yards of surface. The second application of aggregate shall be grade 10 and shall be applied as directed by the Development Officer at a rate of not more than one (1) cubic yard per ninety (90) square yards and not less than one (1) cubic yard per one hundred five (105) square yards of surface. Each application of aggregate shall be rolled, and broomed as directed by the Development Officer, with a flat wheel roller weighing not more than six (6) tons and not less than three (3) tons. The rate of application of asphalt and the grade and rate of application of aggregate may be other than those specified herein if approved by the Development Officer. ff. Streetlights Streetlights shall be installed by the city at locations designated by the Planning and Zoning Commission. The developer shall deposit with the city the sum of five hundred dollars ($500.00) to defray the cost of such lights. gg. Street signs The developer shall construct street signs at all intersections. The signs shall be erected on galvanized iron pipe, two inches (2 ) ID, at least nine feet (9 ) high and set two feet (2 ) into concrete conforming to City of Hondo standard Easements and Dedications a. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary. b. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith Water a. Water supply and distribution i All subdivisions shall be provided with water supply and water distribution systems approved by the department of state health services, except that no system shall be required provided the subdivision meets all the following requirements: (1) the subdivision contains lots each of an area of one (1) acre or more; (2) each such lot within the proposed subdivision is supplied with a potable water supply approved by the Development Officer; (3) the subdivision is located outside the city limits; and (4) the subdivision lies outside the area included within said Comprehensive Master Plan for water system improvements in effect at the time. Plans and specifications for water distribution systems shall conform to the criteria mentioned in this article; shall be submitted to the Development Officer for approval; and no plat shall be approved by the commission without prior city approval of the plans and specifications for the water supply and distribution system in those instances where a water supply and water distribution system is required. Construction of the system shall be subject to inspection by the city to insure compliance with and adherence to the criteria and to the approved plans and specifications. b. Fire hydrants Page 115

124 CHAPTER 8 Standard fire hydrants shall be installed as part of the water distribution system by the subdivider per specifications of the fire chief and so that every lot is within five hundred feet (500 ) of a fire hydrant. c. Installation standards. All installations of water systems within the area included in the Comprehensive Master Plan for water system improvements shall conform to the Texas Department of State Health Services criteria. d. Construction specifications. i Piping for water mains and connections shall be poly-wrapped ductile iron AWWA C151/C105 or Polyvinyl Chloride (PVC) AWWA C900 or C905, with either mechanical or single rubber gasket joints. All pipe, fittings and appurtenances shall be new materials. ii Minimum diameter. Water mains smaller than eight inches shall not be permitted, except water mains less than 600 feet long and located solely in residential areas may be six inches in diameter provided the minimum flow and pressure requirements set out in this ordinance are satisfied. No more than 1 fire hydrant shall be installed on any six-inch water main. iii Maximum length. In all areas, water mains shall be the shorter of either 3,000 feet or that length which would by fluid friction render the main incapable of producing the minimum flow and pressure requirements set out in this ordinance for the type of area to be served. iv Looping requirements. In all areas, water mains shall be looped to avoid dead end mains and water waste from dead end flushing. v Location. All water mains shall be located in dedicated streets or fire lanes, or in the community open space in a planned unit development. On streets with curbs and sidewalks, all water mains shall be located in the parkway between the curb and the sidewalk. vi Minimum flow and pressure requirements. Water mains in principal commercial and industrial areas shall be sized so that the minimum fire flow from any single fire hydrant shall be not less than 3,000 gallons per minute with not less than 20 psig residual pressure. Water mains in light commercial areas shall be sized so that the minimum fire flows from any single fire hydrant shall be not less than 1,500 gallons per minute with not less than 20 psig residual pressure. Water mains in residential areas shall be sized so that the minimum fire flow at any single fire hydrant shall not be less than 750 gallons per minute with 20 psig residual pressure and a domestic use of 2 gallons per minute for every lot in the subdivision. vii Valve locations. The distribution system in commercial and industrial areas shall be equipped with a sufficient number of valves and the valves shall be so located that no case of accident, breakage or repair to the water distribution system mains will necessitate shutting from service a length of water main greater than either one side of a single block or a maximum of 500 feet. The distribution system in residential areas shall be equipped with a sufficient number of valves and the valves shall be so located that no case of accident, breakage or repair to the water distribution system mains will necessitate shutting from service a length of water main greater than either two sides of a single block or a maximum of 600 feet. viii Service lines. Service lines of two inches or less shall be copper. Service lines larger than two inches shall be copper, ductile iron AWWA C151/C105, or PVC AWWA C900. The minimum sizes of service lines that shall be used are as required in the following table. Page 116

125 CHAPTER 8 Table M. Minimum Water Service Line Sizes Number of Dwelling Units Service Line Size (inches) 1 ¾ to 4 1½ 5 to to to 80 6 Greater than Drainage and Storm Water a. Methods of computing runoff. The basis of computing runoff shall be the rational formula or some other method provided it is acceptable to the director of public works. b. Runoff calculations. Runoff rates shall be computed at not less than the following: Percent Runoff Character of Area Business or commercial area (90 degrees [percent] or more impervious) Densely developed area (80 degrees [percent] to 90 degrees [percent] impervious) Closely built residential area and school sites Undeveloped area Average residential area Up To 1 Degree Over 1 Degree Up To 3 Degrees Over 3 Degrees Up To 5 Degrees Average Slope Over 5 Degrees c. In all cases, wet antecedent conditions shall be assumed. Runoff rates shall be computed on the basis of ultimate development of the entire watershed contributing runoff to the proposed subdivision. For determination of time for concentration, times shall be figured Page 117

126 CHAPTER 8 on the basis that there shall be an improved drainage system upstream from point under consideration. d. Streets may be used for stormwater drainage only if the calculated stormwater flow does not exceed the street capacity or the velocity does not exceed ten feet (10') per second. Minor streets shall be designed on a basis of a five-year frequency, major streets on a tenyear frequency. Where streets are not capable of carrying stormwaters as outlined above, drainage channels or storm sewers shall be provided. Street width shall not be widened beyond width as determined by street classification. e. Concrete-lined channels. The design of concrete-lined channels shall be based on a twentyfive-year frequency and is subject to the approval of the Development Officer and shall comply with the following general requirements. Design of Flow Required Freeboard 0 to 5 feet 0.5 foot 5 to 10 feet 10% of design depth 10 feet and over 1 foot i The concrete lining shall extend to the design depth of flow plus the required freeboard. From the top of the concrete lining to the top of the ditch, a side slope not steeper than two (2) horizontal to one (1) vertical with sod shall be required. ii For normal conditions, the concrete lining shall be a minimum of four inches (4 ) thick and reinforced with six-inch by six-inch (6 x 6 ) gauge wire mesh reinforcing or #3 round bars placed not more than eighteen inches (18 ) on centers both directions. Where surcharge, nature of ground, height and steepness of slope, etc., become critical, design shall be in accordance with latest structural standards. All concrete lining shall develop a minimum compressive strength of not less than two thousand five hundred (2,500) pounds per square inch in twenty-eight (28) days. iii Vertical walls will be permissible in depth not to exceed two feet (2 ) unless properly fenced or enclosed. iv Easements or rights-of-way for concrete-lined channels shall extend a minimum of two feet (2 ) on both sides of the extreme limits of the channel. v The minimum N value or roughness coefficient of shall be used for a wood float type surface finish. This N value is as used in Manning s formula. vi Where velocities are in the supercritical range, allowances shall be made in the design for the proper handling of the water. f. Sodded channels. The design of sodded channels shall be based on a twenty-five-year frequency, subject to the approval of the Development Officer, and shall comply with the following general specifications. i The depth of the sodded channel shall be for the design depth of the flow plus the required freeboard. (See table titled Drainage Freeboard Table. ) ii Sodding shall be placed over the entire surface area of the channel. iii The side slope shall not be steeper than three (3) horizontal to one (1) vertical. iv Easements or rights-of-way for sodded channels shall extend a minimum of two feet (2 ) on one (1) side and fifteen feet (15 ) for an access road on the opposite side of the extreme limits of the channels, when such channels do not parallel and adjoin an alley or roadway. When such channels do parallel and adjoin an alley or roadway, the easement or right-of-way shall extend a minimum of two feet (2 ) on both sides of the extreme limits of the channel. Where utilities are installed in the access road of the drainage right-of-way, said right-of-way shall extend two feet (2 ) on one (1) side and Page 118

127 CHAPTER 8 seventeen feet (17 ) on the opposite side of the design limits of the channel. These seventeen feet (17 ) are to provide an accessway along channel with a maximum crossslope of one-half inch (1/2 ) per foot toward channel. v The N value or roughness coefficient as used in the Manning formula, shall be for sodded channels. vi Sodding shall not be required in those instances where rock exists and where, in the opinion of the Development Officer, sodding would be impractical. g. Velocity control. i The following velocity chart shall be used for scour protection and to determine the type drain which shall be used. Concrete-lined channels may also be used at velocities less than eight (8) fps if so desired by the Development Officer. Velocity Type Drain Required 1 to 6 fps Sodded 6 to 8 fps Concrete retards required Concrete lining or 8 fps and over drop structures required ii Where velocities are in the supercritical range, allowance shall be made in the design for the proper handling of the water. h. Storm sewers. i Storm sewers shall be designed on a twenty-five-year frequency and shall be subject to the approval of the Development Officer. ii For all ordinary conditions, storm sewers shall be designed on the assumption that they will flow under the design discharge; however, whenever the system is placed under a pressure head, or there are constructions, turns, submerged or inadequate outfalls, etc., the hydraulic grade line shall be computed and plotted in profile. In all cases adequate outlets shall be provided and the system adequately designed. i. Alleys. Alleys may be designed on a five-year frequency to carry storm water. j. Culverts and bridges. i Culverts and bridges shall be designed to adequately handle a twenty-five- or fifty-year frequency, depending on the crossing involved. ii All culverts and bridges shall be designed for an H or H-20 S16-44 loading k. Drainage structures i All drainage structures shall be constructed in accordance with the plans and to the lines and grades established by the Development Officer. All work shall be done in compliance with the provisions of these specifications and item 420, Concrete for Structures, of the Texas Department of Transportation standard specifications. ii All concrete in drainage structures shall develop a compressive strength of not less than three thousand (3,000) pounds per square inch in twenty-eight (28) days and shall conform to the requirements of item 420, Concrete for Structures, of the Texas Department of Transportation Standard specifications. The maximum size of coarse aggregate shall be one and one-half inches (1-1/2 ). iii All castings shall conform to the requirements of the standard specifications for Gray Iron Castings, ASTM Designation A-48 for Class 2 Gray Cast Iron. Castings shall be boldly filleted at angles and the arises shall be sharp and perfect. Castings shall be true Page 119

128 CHAPTER 8 to pattern in form and dimensions, free from pouring faults, sponginess, cracks, blow holes and other defects in positions affecting their strength for the service intended. Bearing surfaces shall be cast with such precision or shall be so machined that perfect bearing will be attained. Manhole covers which rock in the ring will not be accepted. iv Outlet pipes shall be filled into the forms with the ends flush with the inside face of the inlet walls and the concrete shall be placed and rodded around the pipe so as to form a watertight joint. v Drainage structures shall be backfilled in accordance with item 104.5A of the Texas Department of Transportation standard specifications. vi All bridges and culverts shall be designed for an H-20 loading Wastewater and Sanitary Sewers a. Every subdivision shall be provided with a sewage disposal system meeting the design requirements of the TCEQ and approved by the city. Sanitary sewers shall be connected to serve each lot in the subdivision unless the planning and zoning commission determines that such connection would require an unreasonable expenditure of funds when compared with other methods of sewage disposal. Where connection to the sewer system is not to be made immediately, plans shall be prepared for installation of a sewage collection system to serve each lot, and those parts of such system which will lie in the portion of streets intended for vehicular traffic shall be installed before the street is paved. The sewage collection and disposal systems required under this section shall include all gravity mains, lift stations, force mains, treatment facilities, manholes, and appurtenances required to adequately serve the area being subdivided. b. All gravity sewers shall be concrete or vitrified clay sewer pipe conforming to ASTM requirements. Minimum size of lateral sewer main shall be eight inches (8 ) in diameter and all house connections in streets or alleys must be six inches (6 ) in diameter. The minimum grades permitted shall be sufficient to produce a velocity of two feet (2 ) per second. All outfall mains shall be of sufficient size to serve the maximum anticipated flow from all areas tributary to this line and must conform with sanitary sewer Comprehensive Master Plan recommendations on file in the office of the Development Officer. c. The following criteria shall be used in formulas in the design of sewer system: Flow from contributing population: Peak Contribution per Type of Residential Area Person in Gallons per Day Average Daily Flow in Gallons per Day Middle income, new construction Middle income, old construction Low to middle income, old construction Low income Middle income, apartment Low to middle income, apartment Page 120

129 CHAPTER 8 Infiltration: Source of Infiltration Residential area, level to 7% land slope Residential area, 7% to 15% land slope Amount of Infiltration in Gallons per Day per Acre Totally undeveloped areas 360 High water table, creek beds, lake areas 1,450 Business and industrial areas 1,000 d. The developer shall furnish lift stations where necessary. These shall be constructed only after approval by the Development Officer. e. Construction methods i The Development Officer shall be advised before any construction is started in order for adequate inspection to be provided. ii Sewers shall be located in the centerline of streets and four feet (4 ) from the north or east lines where in alleys or as otherwise approved. iii All sewer lines shall be placed to line and grade as directed by the Development Officer. iv All joints shall be hot poured G.K. Compound, or equal. v Manholes shall be spaced not more than four hundred feet (400 ) apart where possible. vi Manholes shall be provided at intersecting streets or alleys where there is a possibility of future extensions. vii Manholes shall be provided where required by the Development Officer. f. Construction Specification i General design standards. All wastewater collection system improvements shall be designed and sized to meet the minimum design standards in the latest edition of "Design Criteria for Sewerage Systems" as established by the TCEQ. ii Sewer location. Where the location of the sewer is not clearly defined by dimensions on drawings, the sewer shall not be closer vertically or horizontally than nine feet, to a water supply main or service line. Gravity sewer lines passing over water lines shall be constructed of pressure rated pipe for a distance of at least ten feet on each side of the crossing, with no joints within five feet of the crossing. In lieu of a pressure rated pipe crossing, the gravity sewer line shall be encased in concrete in accordance with regulations of the TCEQ. iii Materials. Sewer lines shall be of PVC plastic, SDR 35/ASTM 3034, or another type pipe approved in writing by the city. iv Trenching. Sewers shall be constructed according to TCEQ standard specifications as to trenching, bedding, backfill and compaction. v Minimum diameter of gravity flow mains and lines. Eight-inch diameter pipe shall be the minimum acceptable for gravity flow sewer mains and lines. All sewers shall be sized to accommodate the maximum peak flow plus infiltration flows that will render the pipe flowing no greater than three-fourths full. Page 121

130 CHAPTER 8 vi Manholes. Manholes shall be spaced not more than 400 feet apart and shall be constructed in accordance with TCEQ standard specifications. vii Lift stations and force mains. Lift station capacity shall be no less than 100 gallons per minute per pump. Lift station force mains shall be designed and sized to produce a complete exchange of wastewater every other cycle of the pumps. Force mains and fittings shall be of ductile iron or PVC pipe, pressure class. The pipe shall have either mechanical joints or rubber gasket joints as approved by the city. The minimum force main size shall be four inches. viii Minimum diameter of service lines. Service lines serving individual lots shall be no smaller than four inches in diameter Electrical (Reserved) a. Design Standards. The electric service for a subdivision shall incorporate the design standards associated with an underground infrastructure. Overhead design standards may be utilized if overhead electric service can be provided with minimal construction to existing overhead infrastructure. All electric service infrastructure provided by the developer shall be approved by the Development Officer prior to purchase and installation. b. Transformer. Underground transformer shall be set on an approved concrete pad. Concrete pad shall be designed to handle the weight of the underground transformer. Soil shall be stabilized where concrete pad and underground transformer shall be placed. Concrete pad and underground transformer shall be level. Underground transformer shall be located in the rear of the lots and shall be accessible by a large utility vehicle from a paved utility easement or road. The paved utility easement or road shall be at a minimum of 20 feet wide and designed to handle the weight of a typical utility truck carrying an underground transformer. Front lot construction shall be considered but underground transformer shall be accessible from the street. c. Cable. Underground infrastructure shall be designed and installed in a loop configuration. Primary underground cable between transformers, junction boxes and riser poles shall be installed in conduit and sized to handle the load of the entire underground loop. Secondary underground cable shall also be installed in conduit Water Reclamation and Reuse (Reserved) Miscellaneous Land, which the Planning and Zoning Commission has bound found to be unsuitable for subdivision due to flooding, bad drainage and other features likely to be harmful to the safety, welfare and general health of the future residents, and which the Planning and Zoning Commission considers inappropriate for subdivision, shall not be subdivided, unless adequate methods for correcting same are formulated by the developer and approved by the mayor and the Planning and Zoning Commission. 8.5 Requirements for Park Land Dedication This section is intended to provide for recreational areas in the form of neighborhood park facilities as a function of subdivision and site development in the City of Hondo It is hereby declared by the City Council that recreational areas in the form of neighborhood parks are necessary and promote the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and located within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate Page 122

131 CHAPTER 8 residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities Therefore, the following requirements are adopted to effect the purposes stated above and shall apply to any land to be used for residential purposes: a. Dedications shall cover both land acquisition and development costs for neighborhood parkland for all types of residential development. Dedications shall be based on actual dwelling units for the entire development. Increases or decreases in final unit count prior to final plat will require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate additional parkland shall be dedicated in accordance with the requirements in this Section with the filing of a final plat. b. Parkland Dedication i For single-family developments the area of land to be dedicated for parkland purposes shall be equal to one (1) acre for each (100) single family dwelling units, or 10% of the gross area of the development s land area, whichever is less. c. The total amount of land dedicated for the development shall be dedicated in fee simple by plat: i Prior to the issuance of any building permits for multifamily development; ii Concurrently with the final plat for a single phase development; iii For a phased development the entire park shall be either platted concurrently with the plat of the first phase of the development; or iv The developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount of the appraised value of the parkland. The amount of the financial guarantee is calculated by multiplying the number of acres of parkland required to be dedicated by the average value of an acre of land in the subdivision. The average value of an acre of land in the subdivision is calculated by dividing the fair market value of the land in the subdivision by the number of acres in the subdivision. To make this calculation, the subdivider may select one of the following fair market value determinations: The current fair market value of the land as determined by a qualified real estate appraiser at the subdivider s expense, if the City Manager or designee approves the appraiser and certifies that the appraisal fairly reflects the land value; or the current fair market value of the land as determined by a qualified real estate appraiser employed by the City. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required parkland. d. Cash Payment In Lieu of Parkland Dedication i Initiated by the City. The City may require a subdivider to pay cash in lieu of parkland dedication. In the event that the city requires cash in lieu of parkland dedication, the subdivider shall pay a fee equal to five percent (5%) of the total appraised value of the subdivided property, as determined by the Medina County Appraisal District. ii Small Subdivisions. When a subdivision will result in less than 100 residential units or less than five total acres, the subdivider shall make a cash payment in lieu of parkland dedication. The subdivider shall pay a fee equal to five percent (5%) of the total appraised value of the subdivided property, as determined by the Medina County Appraisal District. iii Parkland Fund. Cash paid in lieu of parkland dedication shall be paid into a parkland fund to be created by the City of Hondo, and shall be expended by the City for the acquisition, development, or rehabilitation of parkland or for improvements to existing parkland. Page 123

132 CHAPTER Construction, Guarantee of Performance, and Acceptance of Public Infrastructure In no event shall a plat be approved unless, at the time such plat was filed for approval, the developer has filed with the Planning and Zoning Commission a bond executed by a surety company holding a license to do business in the state, in an amount equal to the cost of the improvements required, as estimated by the Development Officer, conditioned that the developer will complete such improvements within two (2) years after approval of such plat. Such forms shall be approved by the city attorney In lieu of a performance bond, the developer may provide the City of Hondo an irrevocable letter of credit issued by a federally insured lending institution (the letter of credit) approved in advance by the city in an amount equal to the cost of the improvements required, as estimated by the Development Officer. The letter of credit must be addressed to the City of Hondo, Texas, as the beneficiary and must be kept continuously in effect at all times during a term of two (2) years after the date of final plat approval by the City Council. The city may draw funds under the letter of credit to cover any costs incurred by the city on behalf of developer in performing any improvements required of developer under this division. The city may release the letter of credit prior to its expiration upon developer s completion of all required improvements, as determined by the city. The letter of credit must be in the form approved by the city, or in such other form acceptable to and approved in advance by the city The developer shall file with the Planning and Zoning Commission an instrument in substantially the form as maintained on file in the office of the city secretary After the plat has been approved and the developer has constructed all the required improvements or filed the security guaranteeing their construction, the city secretary shall deliver such plat to the county clerk for recordation. The recordation fee shall be deposited with the city secretary by the developer in the form of a check in the amount of such recordation fee, payable to the county clerk, at the time the plat is filed with the Planning and Zoning Commission; provided, however, that no plat shall be filed for record without the written consent of the developer. 8.7 Responsibility for Payment of Installation Costs All required improvements shall be made by the developer, at developer s expense, without reimbursement by the City of Hondo or any improvement district except that, as may be allowed under Texas law and upon approval of the City as may be required by law, the developer may form or cause to be formed a special district or districts to construct and finance the construction of required public improvements excluding lot improvements on individual lots. If the developer does form or cause to be formed a special district for the purposes identified in this section, the City of Hondo shall not release the developer from his obligations under any subdivision improvement agreement nor shall the City release any security, in whole or in part, until the special district has sold bonds or otherwise certifies to the City of Hondo, in a manner and form acceptable to the City, that it has an absolute right to raise revenues sufficient to construct, maintain, and warrant the quality of the required public improvements. Page 124

133 CHAPTER 9 NONCOMFORMITIES 9.1. Intent 9.2. Extending or Enlarging a Nonconforming Use 9.3. Hardships Regarding Nonconforming Use 9.4. Nonconforming Lots 9.5. Nonconforming Use of Land 9.6. Nonconforming Structures 9.7. Nonconforming Use of Structures 9.8. Repairs and Maintenance 9.9. Termination of Nonconforming Uses and Structures Uses Under Special Execution (Exception)

134 CHAPTER Intent Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit those nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 9.2 Extending or Enlarging a Nonconforming Use A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. 9.3 Hardships Regarding Nonconforming Use To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. 9.4 Nonconforming Lots In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area, width, depth or combination thereof, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the Zoning Board of Adjustment If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance. 9.5 Nonconforming Use of Land Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; b. No such nonconforming use shall be moved in whole or in part from any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance. c. If any such nonconforming use of land ceases for any reason for a period of more than six Page 126

135 CHAPTER 9 (6) months, such nonconforming use of land is deemed abandoned and any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located. 9.6 Nonconforming Structures Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. Such structure may not be enlarged in a way which increases its nonconformity; and b. Such structure may not be altered in a way which increases its nonconformity; and c. Should such structure be destroyed by any means to an extent of more than fifty (50%) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. 9.7 Nonconforming Use of Structures If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; b. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building; c. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; d. When a nonconforming use of a structure, or structure and premises in combination, becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months if commercial in any residential district, or twelve (12) months if residential in any commercial or industrial district, such nonconforming use of structure is deemed abandoned and the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located; e. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land; f. Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease. 9.8 Repairs and Maintenance On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof, declared to be unsafe by any official charged with protecting public safety, upon order of such official. Page 127

136 CHAPTER Termination of Nonconforming Uses and Structures Abandonment of a nonconforming use shall terminate the right to operate such use. Abandonment shall consist of the intent of the user of said nonconforming use to discontinue said operation coupled with an actual discontinuance of said use Violation of Unified Development Ordinance, including failure to register a nonconforming use, shall terminate immediately the right to operate a nonconforming use Any one (1) of the following specific acts of termination shall terminate immediately the right to operate a nonconforming use: a. Changing a nonconforming use to a conforming use; b. Changing a nonconforming use to another nonconforming use; c. Nonoperation or nonuse of a nonconforming use for a period of six (6) or more successive calendar months, regardless of intent; d. Vacancy for a period of more than six (6) months of the structure or that part of a structure occupied by a nonconforming use, regardless of intent, except that the term of vacancy for residential structures in a commercial or industrial district shall be twelve (12) months before the nonconforming use is deemed terminated The Zoning Board of Adjustment may inquire into the existence of a nonconforming use, and after public hearing and investigation, require the discontinuance of such based on public health and safety reasons. Time allowed for discontinuance of such use shall be prescribed by the Board, based on the Board s ruling as to a reasonable amortization period for the nonconforming structure and/or use. In making such determination the Board shall consider traffic conditions created by the use, fire and/or health hazard and any other danger or nuisances to the public due to the structure or any condition or use existing on the property The right to operate and maintain any nonconforming use, except a residential dwelling unit, shall terminate and shall cease to exist whenever the structure or structures in which the nonconforming use is operated and maintained is damaged or destroyed from any cause whatsoever, and the cost of repairing such damage or destruction exceeds fifty (50) percent of the replacement cost of such structure on the date of such damage or destruction Notwithstanding Section 9.7, a nonconforming residential dwelling unit which is destroyed or damaged more than fifty (50) percent of the replacement cost may be rebuilt provided a building permit is issued within one (1) year of the date of such damage or destruction, and provided that such destruction or damage not have been caused in any part by the intentional act(s) of any lessee, owner, lienholder, trustee, or mortgage of the dwelling unit. The director of building inspections may require the submission of necessary evidence to verify the date of damage or destruction No nonconforming use or structure shall be enlarged, replaced, or extended, except as provided for in this subsection. a. Any enlargements, replacements, and extensions of nonconforming structures, except for mobile homes and HUD-code manufactured homes as set forth in this subsection, shall be prohibited. b. An owner of a mobile home or HUD-code manufactured home shall be limited to a single replacement subject to the terms of this subsection. c. The installation of a mobile home as a dwelling in the City is prohibited. In the event a mobile home occupies a lot within the City, it may only be replaced by a HUD-code manufactured home pursuant to the provisions of this subsection. d. In the event a HUD-code manufactured home occupies a lot in the City, the owner of the HUD-code manufactured home may remove the HUD-code manufacture home from its location and place another HUD-code manufactured home on the same property, provided that the replacement is a newer HUD-code manufactured home and is at least as large in Page 128

137 CHAPTER 9 living space as the prior HUD-code manufactured home. e. The single replacement requirement does not apply to a mobile home or a HUD-code manufactured home that is replaced as a result of a fire or natural disaster. f. The prohibitions provided for in this subsection shall not apply to ordinary repairs and maintenance as permitted by this ordinance The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure is damaged in any manner and from any cause whatsoever and the cost of repairing such damage exceeds fifty (50) percent of the replacement cost of such structure on the date of such damage The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the City, and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement cost of such structure on the date that the City Building Inspector determines that such structure is obsolete or substandard In determining the replacement cost of any nonconforming structure there shall not be included therein the cost of land or any factors other than the nonconforming structure itself With respect to any conflict between this section and the other provisions, this Section shall prevail The continuation of a nonconforming use or structure after such right has been terminated pursuant to this Section, or the change, extension, or enlargement of a nonconforming use or structure in violation of this Section, shall constitute a violation of the Unified Development Ordinance and shall be subject to such penalties and remedies as provided for in the City of Hondo Ordinances Uses Under Special Execution (Exception) Any use for which a special exception is permitted as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district only for the single property granted such exception. Page 129

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139 ENFORCEMENT Enforcement by Development Officer Penalties for Violation Penal Provisions Specific Enforcement and Penalties for Flood Hazard Protection Specific Penalties for Certificates of Demolition 10.6 Judicial Remedies