City of Farmersville. Comprehensive Zoning Ordinance #

Transcription

1 City of Farmersville Comprehensive Zoning Ordinance #

2 Comprehensive Zoning Ordinance # As amended by Ordinance # adopted April 13, 2004 As amended by Ordinance # adopted July 13, 2004 As amended by Ordinance # adopted August 10, 2004 As amended by Ordinance # adopted September 14, 2004 As amended by Ordinance # adopted April 12, 2005 As amended by Ordinance # adopted July 12, 2005 As amended by Ordinance # adopted December 13, 2005 As amended by Ordinance # adopted November 14, 2006 As amended by Ordinance # adopted June 12, 2007 As amended by Ordinance # adopted February 12, 2008 As amended by Ordinance # adopted March 11,

3 COMPREHENSIVE ZONING ORDINANCE # TABLE OF CONTENTS SECTION NUMBER TITLE PAGE INDEX Alphabetic Listing Of Land And Building Uses... i - iv SECTION 1: General Provisions B: Purpose... 2 SECTION 2: Zoning Districts Established B: Zoning District Map C: Zoning District Boundaries D: Temporary Zoning: Annexed Territory... 4 SECTION 3: Compliance Required... 5 SECTION 4: Use of Land and Buildings B: Land Uses in Central Area (CA) C: Reserved D: Residential Schedule of Land Use E: Accessory & Incidental Schedule of Land Use F: Utility & Service Schedule of Land Use G: Recreational & Entertainment Schedule of Use H: Educational & Institutional Schedule of Land Use I: Transportation & Related Schedule of Land Use J: Automotive Service & Related Schedule of Use K: Retail and Related Service Schedule of Use L: Agricultural Schedule of Land Use M: Commercial Type Schedule of Land Use N: Industrial Schedule of Land Use SECTION 5: Classification of New and Unlisted Uses B: Interpretation of Language B cont: Land Use Definitions C: General Definitions SECTION 6: PD District Uses Permitted B-D: Planned Development District SECTION 7: Flood Plain Designation SECTION 8: Specific Use Permits SECTION 9: Area Regulations A: Lot Area B: Lot Width

4 9-C: Lot Depth D: Minimum Dwelling Size E: Front Yard F: Side Yard G: Rear Yard H: Lot Coverage and Floor Area Ratio I: Highway Commercial Setbacks J: Exterior Construction Regulations SECTION 10: Special Area and Accessory Building Regulations A: Court Standards B: Accessory Buildings C: Special Area Accessory Use Regulations SECTION 11: Landscape Regulations A: Purpose of Landscape Regulations B: Scope C: Enforcement D: Permits E: Landscape plans F: Maintenance G: General Standards G: Table 1 Plant Palette & 74 SECTION 12: Exterior Lighting Standards A: Glare B: Non-Residential Site Lighting C: Luminaries SECTION 13: Height Regulations B: Special Height Regulations C: Radio, Television, and Microwave Towers SECTION 14: Vehicle Parking Regulations B: Minimum Off-Street Parking-Residential C: Parking Space Schedule-Non-Residential D: Special Off-Street Parking Regulations E: Parking Requirements for New or Unlisted Uses SECTION 15: Off-Street Loading Regulations SECTION 16: Signs See Ordinance # SECTION 17: Fence and Wall Regulations A: Height of Fence or Wall B: Screening Walls or Visual Barriers

5 SECTION 18: Creation of Building Site B: Site Plan Review-Highway Commercial District C: Site Plan-Planned Development District D: Site Plans Prior to SECTION 19: Platting Property Not Permanently Zoned SECTION 20: Nonconforming Uses and Structures SECTION 21: Board of Adjustment A: Organization B: Procedure C: Appeals D: Jurisdiction E: Actions of the Board SECTION 22: Certificate of Occupancy A: Specific Use Permits-Planned Development` B: Record of SUPs, PDs, & Nonconforming Uses SECTION 23: Completion of Building under Construction SECTION 24: Amendments SECTION 25: Penalty for Violations SECTION 26: Preserving Rights in Pending Litigation and Violations under Existing Ordinances SECTION 27: Validity SECTION 28: Repealer SECTION 29: Effective Date APPENDIX: Illustrations

6 COMPREHENSIVE ZONING ORDINANCE # AN ORDINANCE OF THE CITY OF FARMERSVILLE, TEXAS, AMENDING APPENDIX A OF THE CITY CODE OF THE SAID CITY OF FARMERSVILLE, THE COMPREHENSIVE ZONING ORDINANCE, ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN; REGULATING WITHIN SUCH USE DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, SIZE OF YARDS, COURTS AND OPEN SPACES, HEIGHT, BULK AND USE OF BUILDINGS AND LAND THEREIN; PROVIDING FOR SPECIFIC USE PERMITS THEREIN; SPECIFYING THE MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF VEHICLES THEREIN; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES THEREIN; ADOPTING A ZONING DISTRICT MAP WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP OR IN THIS ORDINANCE; CREATING A BOARD OF ADJUSTMENT AND DEFINING AND SETTING FORTH ITS POWER AND DUTIES; PROVIDING FOR NON-CONFORMING USES AND A METHOD FOR DISCONTINUANCE THEREOF; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING A METHOD FOR AMENDING THIS ORDINANCE AND CONTAINING A SAVINGS CLAUSE; MAKING IT UNLAWFUL TO VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE AND PROVIDING FOR A FINE OF ANY SUM NOT EXCEEDING $ FOR ANY SUCH VIOLATION AND PROVIDING THAT EACH DAY AND EVERY DAY THAT SUCH PROVISIONS ARE VIOLATED SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Farmersville to establish districts or zones within the City for the purpose of regulating the use of the land and controlling the density of population to the end that congestion upon the public street may be lessened, and the public health, safety, and convenience and general welfare promoted; and, WHEREAS, the Planning and Zoning Commission has recommended the boundaries of districts and appropriate regulations to be enforced therein, and public hearings, as required by law, have been held thereon; and, WHEREAS, the passage, promulgation and enforcement of the provisions hereinafter contained are deemed to be necessary for the promotion of health, safety, morals and general welfare of the inhabitants of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS: 6

7 SECTION 1. GENERAL PROVISIONS 1-A. That this ordinance of the City of Farmersville, Texas, shall be known as the Comprehensive Zoning Ordinance, and that it supersedes all previous zoning ordinances of the City of Farmersville. 1-B. Purpose The Zoning Districts and Regulations as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City. They have been designed to regulate and restrict the height, number of stories and size of buildings and other structures; the percentage of the lot that may be occupied; the size of the yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for business, residence and other purposes, and to lessen congestion in streets; to secure safety from fire, panic and other dangers; to provide adequate light and air, and prevent the overcrowding of land; to facilitate the adequate provision of transportation, water, sewer, schools, parks and other public requirements; and with a view of conserving the value of building and encouraging the most appropriate use of land through the City. SECTION 2. DISTRICTS AND ZONING DISTRICT MAP 2-A. Zoning Districts Established The City of Farmersville, Texas, is hereby divided into Zoning Districts. The use, height and area regulations set out herein are uniform within each district. The seventeen districts established herein shall be known as: Abbreviated Zoning District Designation Name A Agricultural District SF-1 One-Family Dwelling District SF-2 One-Family Dwelling District SF-3 One-Family Dwelling District 2F Two-Family Dwelling District MF-1 Multiple-Family Dwelling District-1 MF-2 Multiple-Family Dwelling District-2 P Parking District O Office District NS Neighborhood Service District GR General Retail District C Commercial District HC Highway Commercial CA Central Area District I-1 Light Industrial District I-2 Heavy Industrial District PD Planned Development District 7

8 2-B. Zoning District Map 1. The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the City of Farmersville, said map being a part of this ordinance as fully as if the same were set forth herein in detail. 2. Three original, official and identical copies of the Zoning District Maps are hereby adopted, each bearing the signature of the Mayor and the attestation of the City Secretary and shall be filed and maintained as follows: a. One copy shall be filed for permanent record in the office of the City Secretary and shall be designated as Exhibit A. This copy shall not be changed in any manner. b. One copy shall be filed in the office of the Building Official and shall be designated as Exhibit B. This copy shall be maintained by the Building Official up to date by posting thereon all subsequent changes and amendments for use in issuing Building Permits, Certificates of Compliance and Occupancy and enforcing the Zoning Ordinance. c. One copy shall be filed with the Planning and Zoning Commission and shall be designated as Exhibit C. This copy shall be maintained up to date by the Building Official by posting thereon all subsequent changes and amendments. d. Reproductions for information purposes only may from time to time be made of the official Zoning District Map. 2-C. Zoning District Boundaries 1. The district boundary lines shown on the zoning district maps are usually along street, alleys, property lines or extensions thereof, where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply: a. Boundaries indicated, as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. b. Boundaries indicated as approximately following the platted lot lines shall be construed as following such lot lines. c. Boundaries indicated as approximately following city limits shall be construed as following city limits. d. 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 such railroad. 8

9 e. Boundaries indicated as following shore lines shall be construed to follow such shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, drainage ways or draws shall be construed to follow such centerlines. f. Boundaries indicated as parallel to or extensions of features indicated in SECTION 2- C, 1, a through e above shall be so construed. Distances not specifically indicated on the original Zoning Maps shall be determined by the scale of the Map. g. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended 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. 2. Where physical features on the ground are at variance with information shown on the official Zoning District Map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of SECTION 2-C, 1, a through g, the property shall be considered as classified A, Agricultural District temporarily in the same manner as provided for newly annexed territory and the issuance of a Building Permit and the determination of permanent zoning shall be in accordance with the provisions provided in SECTION 2-D for temporarily zoned areas. 2-D. Temporary Zoning: Annexed Territory 1. All territory hereafter annexed to the City of Farmersville shall be temporarily classified in the A, Agricultural district, until permanent zoning is established by the City Council of the City of Farmersville, unless permanent zoning can be established at the time of annexation as provided in Section 19-C. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations. 2. In an area temporarily classified as A, Agricultural District: a. No person shall erect, construct or add to any building or structure, or cause the same to be done in any newly annexed territory to the City of Farmersville without first applying for and obtaining a Building Permit therefore from the Building Official or the City Council as may be required herein; b. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the A, Agricultural District, unless and until such territory has been classified in a zoning district other than the A, Agricultural District, by the City Council in the manner provided by law except that a Building Permit may be issued in accordance with the provisions of SECTION 2-D, 2, (c). 9

10 c. An application for a permit for any other use than that specified in Section 2-D, 2, b shall be made to the Building Official of the City of Farmersville, 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. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may by majority vote authorize the issuance of a Building Permit or Specific Use Permit or may disapprove the application. SECTION 3: COMPLIANCE REQUIRED All land, buildings, structures or appurtenances thereon located within the City of Farmersville, Texas, which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be used, erected, altered, removed, or placed and demolished in conformance with the zoning regulations prescribed for the Zoning District in which such land or building is located as hereinafter provided. SECTION 4: USE OF LAND AND BUILDINGS 4-A. Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses. 4-B. That property in the Central Area District shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Farmersville, provided that a residence or residential use in such District by Specific Use Permit* shall be subject to the following limitations: (# ) 1. A residence or residential use may be established in a building as an accessory or incidental use only after issuance of a Certificate of Occupancy and establishment of the primary use of the building; and 2. Residential uses shall be limited to the second floor and above of a building in the CA District. 4-C That property in the I-1, Light Industrial District, shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Farmersville, as amended hereby, provided that a residence or residential use in such District by Specific Use Permit shall be subject to the following limitations: 1. A residence or residential use may be established in a building as an accessory or incidental use only after issuance of a Certificate of Occupancy and establishment of the primary use of the building; and 2. Residential uses shall be limited to the second floor and above of a building in the I-1 Light Industrial District. (Ord # , ) 10

11 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. SECTION 4-D: HOUSING USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD One Family Detached Dwelling (93) One Family Attached Dwelling (92) S* S Zero Lot Line Dwelling (162) S S Town Home (148) S Two Family Dwelling (156) S* Multiple Family Dwelling (86) S* Boarding or Rooming House (20) S S S S S S Bed and Breakfast Inn (19) S S S S S S S* Hotel or Motel (68) S S S* HUD Code Manufactured Home (70) Industrialized Housing (71) Mobil Home (83) * See SECTION 4-B, 1 2 for restrictions in Central Area (CA) 11

12 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. 4-E. ACCESSORY AND INCIDENTAL USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Accessory Building (1) Farm Accessory Building (48) S Home Occupation (65) S Off Street Parking Incidental to Main Use (General Def. #46) Stable (Private) (133) Swimming Pool (Private) (138) S Temporary Field Office or Construction Office (141) 12

13 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to Section 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. 4-F. UTILITY AND SERVICES USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Electrical Substation s s s s s s S Electrical Energy Generating s S Plant Electrical Transmission Use Fire Station Gas Lines and Regulating Station Public Building Shop or Yard of S s s s s s s s s s s Local State or General Agency (108) Radio, Television, or Microwave S s s s s s s s s s s S S Tower (109) Radio or Television Transmitting S Station Sewage Pumping Station Sewage Treatment Plant S S Telephone Business Office Telephone Exchange, Switching Relay or Transmitting Station (140) Utility Line, Local (158) Utility Shops or Storage Yards or S S S Buildings (Private) 13

14 4-F. UTILITY AND SERVICES USES cont. Type of Use Continued A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Water Standpipe or Elevated Water Storage Water Reservoir, Well or Pumping Station Water Treatment Plant S S 14

15 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to Section 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] * as amended by Ordinance # Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. 4-G. RECREATIONAL AND ENTERTAINMENT USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Amusement, Commercial (Outdoor) (7) S S S S S S Amusement, Commercial (Indoor) (6) S S S S S S S Country Club (Private) with Golf Course (39) S S S S S S S *Dance Hall or Night Club (42) S S S S S S Day Camp for Children (43) S Drag Strip or Commercial Racing S S S Go Cart Track S S S S Gun Range (63) S S S Park or Playground (Public) (97) Play Field or Stadium (Public) (102) Rodeo Grounds S S S S S Swim or Tennis Club (137) S S S S S S S S 15

16 4-G. RECREATIONAL AND ENTERTAINMENT USES cont. Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Theater (Drive-In) (142) S S S S S S Theater (Indoor) (143) S S Trailer Park - Recreational Vehicle Park (149) S S 16

17 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. 4-H. EDUCATIONAL AND INSTITUTIONAL USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Art Gallery or Museum (9) Cemetery or Mausoleum (28) s s s s s s s s s s s S s s s s Church or Rectory (29) College, University or Private School S S S S (34) Community Center (Public) (35) S S S Convent or Monastery S S S S Fairgrounds or Exhibition Area (47) S S Fraternity, Sorority, Lodge or Civic s S Club Home for Alcoholic, Narcotic or S S S S Psychiatric Patients Hospital Acute Care (66) S S S S S S Hospital Chronic Care (67) S S S Historical, Religious, Charitable or S S S S S S S S S S Philanthropic Nature Kindergarten or Nursery (74) S S S S S S Library (Public) S S S S S S S S Nursing Home or Residence for Aged (88) 17

18 4-H. EDUCATIONAL AND INSTITUTIONAL USES cont. Type of Use Continued A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD School, Business or Trade (126) and (127) S School, Public or Parochial (128) 18

19 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. SECTION 4-I. TRANSPORTATION RELATED USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Airport, Landing Field or Heliport (3) S S Bus Station or Terminal (25) and (110) S Motor Freight Terminal Parking Lot Truck Parking Lot Structure Commercial (Auto) (98) S S S Railroad Freight Terminal S Railroad Passenger Station (110) Railroad Track or Right-of- Way Railroad Team Tracks (111) 19

20 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8. SECTION 4-J. AUTOMOBILE SERVICE USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Auto Glass, Muffler or Seat Cover S Shop Auto Laundry Auto Parts and Accessory Sales (Indoors) (11) Auto Parts and Accessory Sales (Outdoor Display) (12) Auto Painting or Body Rebuilding S Shop Automobile Repair Garage (13) S 1 S 1 S 1 S S Gasoline or Fuel Service Station (15) S New or Used Auto Sales in Structure New or Used Auto Sales Outdoor S S Lot (157) Motorcycle or Scooter Sales and S Repair (85) Steam Cleaning or Vehicles or Machinery 20

21 SECTION 4-J. AUTOMOBILE SERVICE USES cont. Type of Use Continued A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Tire Retreading or Capping (146) Trailer, Cargo Sales or Rental (150) S Wrecking or Auto Salvage Yard (161) S 1 Special Use Permits granted in residential areas shall not exceed ten (10) years 21

22 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8 SECTION 4-K. RETAIL AND RELATED SERVICE USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Antique Shop (4) Art Supply Store Bakery or Confectionery Shop (Retail) (17) Bank or Saving And Loan Office S (16) Barber or Beauty Shop S Book or Stationery Shop S Camera Shop S Cleaning Shop or Laundry (Limited Area) (31) Cleaning Laundromat (30) Clinic, Medical or Dental (33) Custom Personal Service Shop S (41) Department Store or Discount Store Drug Store or Pharmacy S Farmers Market (Open Air) (50) S Florist Shop (54) S Food Store (55) Furniture or Appliance Store (57) 22

23 SECTION 4-K. RETAIL AND RELATED SERVICE USES cont. Type of Use Continued A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Garden Shop and Plant Sales (58) Handcraft and Art Objects Sales Hardware Store or Hobby Shop Key Shop Laboratory, Medical or Dental S Medical Appliances, Fitting, S Sales or Rental Mortuary (84) S Offices, General Business or Professional (91) Office Showroom/Warehouse or S Sales Facilities (90) Optical Shop or Laboratory S Pawn Shop (100) Pet Shop, Small Animals, Birds, and Fish (101) Private Club (106) Repair of Appliances, T.V., Radio and Similar Equipment Restaurant or Cafeteria (Not S S Drive-In Type) (117) Restaurant or Eating Establishment (Drive-In Service) (118) Retail Shop, Apparel, Gift Accessory and Similarities (120) Sexually Oriented Establishment S (129) Studio Decorator and Display of Art Objects 23

24 SECTION 4-K. RETAIL AND RELATED SERVICE USES cont. Type of Use Continued A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Studio Health Reducing or Similar Service Studio, Photographer, Artist, S Music, Drama, or Dance (135) Tool Rental (147) Trailer or RV Sales or Display S (152) Variety Store or Other Retail Outlet Store Veterinarian Office Only (No S Animal Hospital) (159) 24

25 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use may be approved as Specific Use Permit, SECTION 8 SECTION 4-L. AGRICULTURAL TYPES USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Farm or Ranch (49) Animal Pound (Public or S Private) Animal Clinic or Hospital S (No Outside Pens) (159) Animal Clinic, Hospital or Kennel (Outside Pens) Greenhouse or Plant S S Nursery (87) 25

26 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. Designates use prohibited in district indicated.. S Designates use may be approved as Specific Use Permit, SECTION 8 SECTION 4-M. COMMERCIAL TYPE USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Bakery Wholesale (18) S Building Material Sale (23) S Cabinet and Upholstery Shop Cleaning, Drying or Laundry Plant S Clothing or Similar Light Assembly S Process (76) Contractors Storage or Equipment Yard (38) Heavy Machinery Sales, Storage or S Repair (64) Lithographic or Print Shop S Maintenance and Repair Service for S S Buildings Milk Depot, Dairy or Ice Cream Plant S Manufactured House or Industrialized Homes Sales and Display (79) Open Storage of Furniture, Appliances or Machinery, Etc. (94) Paint Shop (97) S Petroleum Products, Storage and Wholesale 26

27 SECTION 4-M. COMMERCIAL TYPE USES cont. Type of Use Continued A SF-1 SF-2 SF-3 2F MF1 MF2 P O NS GR C HC CA I1 I2 PD Plumbing Shop S Propane Storage and Distribution (107) Storage Warehouse (134) S Trailer or Recreational Vehicle Sales S or Display (151) Welding or Machine Shop S Wholesale Office Storage or Sales S S Facilities (160) 27

28 LEGEND FOR INTERPRETING SCHEDULE OF USE [Number ( ) occurring after type of use refers to SECTION 5-B, Definitions and Explanatory Notes (General Definitions are in SECTION 5-C, 1-79)] Designates use permitted in district indicated. S Designates use prohibited in district indicated. Designates use may be approved as Specific Use Permit, SECTION 8 SECTION 4-N. INDUSTRIAL USES Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Asphalt Paving Batching Temporary Plant by Resolution of City Council S S Plant Concrete Batching Plant Temporary Plant by Resolution of City Council S Concrete Products S S Manufacture Light Manufacturing (77) Manufacturing, Industrial S or Storage Process Not Prohibited by Law Except Those Specifically Prohibited as Specific Uses, SECTION 5-B, 9, & SEC-TION 8. Sand and Gravel Storage (124) Sand, Gravel, Stone or S S Petroleum Extraction (125) 28

29 SECTION 5: CLASSIFICATION OF NEW AND UNLISTED USES It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Farmersville. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: 1. The Building Official 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 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. 2. 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 such use should be permitted. 3. 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 resolution approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate. Land Uses Definitions The following definitions and explanatory notes supplement, restrict, and define the meaning and intent of the Use Regulations set forth in SECTION 4, inclusive. Interpretation of Language All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; the word person includes corporation, partnership, association, and individual ; the word shall is mandatory and not discretionary. Terms not herein defined shall have the meanings assigned to them in the Building Code of the City of Farmersville. Terms not defined herein or in the Building Code shall have the meanings customarily assigned to them. 29

30 1. Accessory Building A building for a subordinate use incidental to the principal building(s) and use(s) located on the same lot. Accessory buildings shall include, but not be limited to, parking garages, farm structures, garages for automobile storage, carports, tool houses, greenhouses, home workshops, children s playhouses, storage houses or garden shelters. 2. Adult Day Care Center A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day care centers must be licensed by the Texas Department of Human Services. 3. Airport, Landing Field A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers. a. Heliport An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. b. Helistop The same as a heliport, except that no refueling, maintenance, repairs or storage or helicopters is permitted. 4. Antique Shop An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furniture and decorations which have value and significance as a result of age, design, or sentiment. 5. Antique Shop, Sales in Building A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building. 6. Amusement, Commercial (Indoors) An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to a bowling alley, billiard parlor, or skating rink. 7. Amusement, Commercial (Outdoors) Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range, and miniature golf course. 8. Apartment House Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent dwelling units. 9. Art Gallery or Museum An institution for the collection, display and distribution of objects of art or science, and which is sponsored by a public or quasi-public agency and which facility is open to the general public. 30

31 10. Auto Leasing and Renting Storage, leasing or renting of automobiles, motorcycles, and light load vehicles. 11. Auto Parts Sales (In Building) The use of any building or other premise for the display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. 12. Auto Parts Sales (In Open) The use of any land area for the display and sale of new or used parts for automobiles, panel trucks, or vans, trailers, or recreation vehicles. 13. Automobile Repair Garage An establishment providing major or minor automobile repair service to all motor vehicles, except heavy load vehicles. 14. Automobile Repair, Major General repair or reconditioning of engines, airconditioning systems and transmissions for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust proofing; those uses listed under automobile repair, minor ; and other similar uses. 15. Automobile Service Station Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automobile fuels, lubricants, and automobile accessories, including those operations listed under Minor Automobile Repair. Vehicles which are inoperative or are being repaired may not remain parked outside an Automobile Service Station for a period greater than seven days. 16. Banks, Savings and Loan, or Credit Union - An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds. 17. Bakery & Confectioners Works (Retail) A place for preparing, cooking, baking, and selling of products on the premises. 18. Bakery & Confectioners Works (Wholesale) A place for preparing, cooking, baking, and selling of products intended for off-premise distribution. 19. Bed and Breakfast An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to fourteen (14) consecutive days; however, shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include restaurants, banquet facilities, or similar services. 20. Boarding House or Rooming House A residence structure other than a hotel where lodging and/or meals for four or more persons are provided for compensation. 21. Bottling Works A manufacturing facility designed to place a product into a bottle for distribution. 22. Building Maintenance and Repair Service Facility for outside storage of materials and hardware for building repair and maintenance. 23. Building Materials and Hardware, Inside Storage materials and hardware customarily used in the construction of buildings and other structures, including facilities for storage inside a building. 31

32 24. Building Materials and Hardware, Outside Storage Materials and hardware customarily used in the construction of buildings and other structures, including facilities for storage outside a building. 25. Bus Terminal Any premises for the transient housing or parking of motor driven buses and the loading and unloading of passengers. 26. Car Wash Structure used wash motorcycles, automobiles, and light load vehicles. 27. Car Dealer Used Retail sales or offering for sale of used automobiles or light load vehicles. 28. Cemetery Property used for the interment of the dead. 29. Church or Rectory A building for regular assembly religious worship which is used primary for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises. 30. Cleaning Laundromat A facility where patrons wash, dry, or dry clean clothing and other fabrics in machines operated by the patron. 31. Cleaning, Small Plant or Shop A custom cleaning shop or pick- up station not exceeding 5,000 square feet of floor area, including but not limited to dry cleaning plants having no more than 5,000 square feet of floor area. 32. Clinic - A group of offices for one or more physicians, surgeons, or dentists to treat sick or injured out-patients who do not remain overnight. 33. Clinic A group of offices for one or more physicians, surgeons, or densities to treat sick or injured out-patients who do not remain overnight. 34. College, University or Private School An institution established for educational purposes offering courses for study beyond the secondary education level, but excluding trade schools and commercial schools. 35. Community Center (Public) A building or complex of buildings that house cultural, recreational, athletic, or entertainment facilities owned and/or operated by a governmental agency or private non-profit agency. 36. Reserved 37. Contract Construction Establishments engaged in providing services including but not limited to plumbing, heating, and air conditioning on a fee or contract basis. 38. Contractor s Shop and Storage Yard A building, part of a building, or land area for the storage of construction materials, tools, products, and vehicles. 39. Country Club (Private) A land area and building which may include a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service uses available only to members and their guests. 40. Convalescent Home Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age 41. Custom Personal Service Shop Establishments primarily engaged in providing services generally involved in the care of the person or his apparel including but not 32

33 limited to barber and beauty shops, dry-cleaning and laundry pick-up stations, and reducing salons/health clubs. 42. Dance Hall or Night Club An establishment offering to the general public facilities, for dancing and entertainment for a fee and subject to licensing and regulation by the City of Farmersville. 43. Day Camp A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis. 44. Drive-In Service Facilities designed so that patrons customarily park on the premises and obtain services or goods brought out of the building to them, by an employee of the business, without leaving their cars. 45. Dry Cleaning Plant An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents. 46. Exhibition Area An area or space either outside or within a building for the display of topic-specific goods or information. 47. Fair Grounds An area where outdoor fairs, circuses, or exhibitions are held. 48. Farm Accessory Building A structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops. 49. Farm, Ranch, Garden, or Orchard An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessories used for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance or law. 50. Farmer s Market The retail sale of farm produce by individual vendors within a covered lease space, for the primary purpose of selling fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey. Sale of any type of meat, fish, or poultry, eggs, refrigerated dairy products, and home canned or packaged items shall be prohibited. 51. Feed Store An establishment for the selling of corn, grain, and other food stuffs for animals and livestock, and including other implements and goods related to agricultural processes, but not including farm machinery. 52. Firearm Range See Gun Range (Indoor) 53. Flea Market - A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects or equipment in small quantities. The term flea market shall not be deemed to include wholesale sale establishments or rental services establishments. 54. Florist Shop An establishment for the display and retail sale of flowers, small plants, and accessories. 33

34 55. Food Store A business establishment that displays and sells consumable goods that are not to be eaten on the premises. 56. Fraternal Organization, Lodge, or Civic Club An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union. 57. Furniture, Home Furnishing, and Equipment Stores This group includes retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances. 58. Garden Center - A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting. 59. General Commercial Plant Establishments other than personal service shops for the treatment and/or processing of products as a service on a for- profit basis including but not limited to newspaper printing, laundry plant, or cleaning and dying plant. 60. General Manufacturing Manufacturing of finished products and component products or parts, for the transportation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this ordinance. 61. General Merchandise Stores This group includes retail stores, which sell a number of lines of merchandise including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. 62. Golf Course An area of 20 acres or more, improved with trees, greens, fairways, hazards, and which may include clubhouses. 63. Gun Range (Indoor) - Any indoor facility open to the public and occupying all or a portion of a building where firearms are discharged for testing or recreation purposes. 64. Heavy Equipment Sales A building or open area, other than a right-of-way or public parking area, used for display, sale, rental or storage of heavy equipment. Heavy equipment includes but is not limited to tractors, farm machinery, bulldozers, street graders, paving devices, or other equipment with a gross vehicle weight (GVW) greater than 25,000 pounds. (Ord # , ) 65. Home Occupations A home occupation is an occupation carried on in the home by a member of the occupant s family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity or service for sale on the premises, without the use of equipment other than that customarily found in a household and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as emission of odor, increased traffic or generation of light or smoke, where the use is carried on in the main structure only and there is not separate entrance for the use. A home occupation shall specifically exclude the operation of a repair garage, plumbing shop or similar activity. 34

35 66. Hospital (Acute Care) An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities as licensed by the State of Texas. 67. Hospital (Chronic Care) An institution providing in-patient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease. 68. Hotel or Motel A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services including but not limited to linen, maid service, telephone, use and upkeep of furniture and swimming pool facility. (Ord # , ) 69. Household Appliance Service and Repair The maintenance and rehabilitation of appliances customarily used in the home, including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners and hairdryers. 70. HUD-Code Manufactured Home A structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width, or 40 body feet in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed as a dwelling with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle. The term does not include mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f V.T.C.S.). 71. Industrialized Housing Industrialized housing means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. 72. Kennels (Indoor Pens) An establishment with indoor pens in which more than six dogs or domesticated animals (more than one year old) are housed, groomed, bred, boarded, trained, or sold for commercial purposes 73. Kennels (Outdoor Pens) An establishment with outdoor pens in which more than six dogs or domesticated animals (more than one year old) are housed, groomed, bred, boarded, trained or sold for commercial purposes. 74. Kindergarten or Day Care Center A facility providing care, training, education, custody, treatment or supervision for seven or more children for less than 24 hours per day. The term day care center shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. 35

36 75. Licensed Massage Therapy - A health care service by a licensed massage therapist, as defined by State law. Massage therapy means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, and massage technology, myotherapy or any derivation of those terms. The terms therapy and therapeutic do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. 76. Light Fabrication and Assembly Process Includes the manufacturing of jewelry, trimming, decorations, and any similar item not involving the generation of noise, odor, vibration, dust, or hazard. 77. Light Manufacturing Processes Processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the I- 1 District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and including, but not limited to such uses as: a. Woodworking and planning mill with dust and noise control b. Textile manufacture with dust and odor control c. Ceramic and pottery manufacture with dust, odor, and fume control d. Plastic products manufacture, with dust and fume control e. Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process f. Electroplating or battery making with acid, fume and odor controls g. Manufacturing or industrial operations of any type 78. Lodging House A building where lodging for four (4) or more persons is provided for compensation. 79. Manufactured Home/House Sales The open display, storage, and sale of HUD-Code manufactured homes. 80. Manufacturing, industrial servicing, or storage process (not prohibited by law) with the exception that the following uses may be located in the I-2 or PD District only upon approval by the City Council as Specific Use Permits in accordance with the procedure established in SECTION 8 for approving such permits. a. Animal slaughtering or chicken killing b. Acid manufacture c. Ammonia manufacture d. Carbon black manufacture e. Cement, lime, gypsum or plaster of Paris manufacture 36

37 f. Chlorine manufacture g. Cotton Gin or Compress h. Explosives storage or manufacture i. Glue and fertilizer manufacture j. Petroleum and petroleum products refining and manufacture k. Petroleum tank farm l. Petrochemical plant m. Rendering plant n. Tanning, curing, treating or storage of skins or hides o. Wrecking Yard or Salvage Yard p. Any use, which due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire, is presently or in the future determined a hazard and subject to special control. 81. Mausoleum Property used for interment of the dead above ground and/or stacked in vaults. 82. Medical Office An establishment dispensing health services, including medical, surgical, dental, and other services. 83. Mobile Home A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is 8 feet or more in body width and 40 feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems. 84. Mortuary or Funeral Parlor A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased, and ceremonies connected therewith before burial or cremation. 85. Motorcycle Sales/Service The display, sale and servicing, including repair work of motorcycles. 86. Multiple Family Dwelling (Apartment) Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units. 87. Nursery (Plant) An establishment for the cultivation and propagation, display, storage and sale (retail and wholesale) of large plants, shrubs and trees, and other materials used for indoor and outdoor planting. 88. Nursing Home or Residence Home for Aged A home where ill or elderly people are provided with lodging and meals with or without nursing care. 89. Office Center A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government, or like activity, that 37

38 may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand. 90. Office Showroom/Warehouse - An establishment that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall be incidental to the primary use and shall not exceed 50% of the total floor area. This designation does not include contract construction or contractor s shop and storage yard. 91. Office, Professional, General Administrative A room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices and services, including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices. 92. One-Family Dwelling (Attached) A dwelling which is joined to another dwelling at one or more points, by a party wall or abutting separate wall, which is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines. 93. One-Family Dwelling (Detached) A dwelling designed and constructed for occupancy by one family, which is located on a lot or separate building tract, and having no physical connection to a building located on any other lot or tract, and occupied by one family. 94. Open Storage The keeping, outside a building, of any goods, material, merchandise, or equipment for more than twenty-four hours. 95. Outdoor Structure Open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to, batting cages, miniature golf, go-kart tracks and carnivals. 96. Paint Shop- An establishment where painting services are performed. 97. Park or Playground (Public) An open recreation facility or park owned and operated by a public agency for the general public, including a baseball field, golf course, football field or stadium. 98. Parking Lot Structure, Commercial (Auto) An area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress. 99. Patio Home A one-family dwelling on a separate lot, with open space setbacks only on three sides, commonly developed in a cluster configuration 100. Pawn Shop An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker) Pet Shop An establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building. 38

39 102. Play Field or Stadium (Public) An athletic field or stadium owned and operated by a public agency for the general public, including a baseball field, golf course, football field, or stadium Portable Building Sales An establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or HUD Code manufactured homes Post Office, Government and Private Local branch of the U.S. Postal Service or private commercial venture engaged in the distribution of mail and incidental services Print Shop, Minor An establishment specializing in short-run operations using photocopying machines. Short-run operations refer to services that include, for example, the copying of newsletters, flyers, and resumes. Placement of orders for printing conducted off-premises is permitted Private Club A club where alcoholic beverages are stored, possessed and mixed on club premises and served, for on-premises consumption only, to members of the club and their families and guests, by the drink or in sealed, unsealed or broken containers of any legal size Propane Storage and Distribution Facilities for the receipt, storage, and distribution of propane gas in tanks larger than five gallons Public Building, Shop or Yard of Local, State or Federal Government Facilities such as office building, maintenance yards or shop required by branches of Local, State, or Federal Government for service to an area such as Highway Department or City Service Center Radio, Television, or Microwave Communications, Amateur The transmission, retransmission, or reception of radio, electromagnetic, or microwave signals (includes microwave reflectors/antennas). a. Antenna The arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas). b. Antenna Support Structure Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals Railroad or Bus Passenger Station Any premises of the transient housing or parking of motor-driven buses and trains and the loading and unloading of passengers Railroad Team Track, Freight Depot or Docks A facility or place for the loading and unloading of materials on trains Recreational Facility, Private A recreation facility operated for the exclusive use of private residents or neighborhood groups and their guests, and not to the general public Recreational Facility, Public A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities Recreational Vehicle (RV) Parks and Camp Grounds A tract of land designed or being used to accommodate one or more transient portable dwelling units originally 39

40 designed to be moved on wheels from location to location by automobile or truck, or similar mover Rehabilitation Care Institution A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with supervisory personnel 116. Residence Hotels - A multi-dwelling unit, extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this ordinance Restaurant or Cafeteria An eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises, which may include a drive-in window Restaurant (Drive-In Type) An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourages the serving and consumption of food in automobiles on or near the restaurant premises Retail or Service, Incidental The rendering of retail or service uses incidental to the primary use. In an Office District such uses include barber and beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Such uses shall have no separate outside entrance and no outside signage Retail Stores and Shops An establishment engaged in the sale or rental of goods and merchandise to the general public for personal or household use or consumption and rendering services incidental to the sale or rental of such goods or merchandise..(ord # , ) 121. Right-of-Way and Track Used by a railroad, but not including railroad stations, siding, team tracks, loading facilities, dock yards, or maintenance areas Rooming House See Lodging House 123. Salvage or Reclamation of Products Facility for the reclamation and storage of products or materials Sand and Gravel Storage Facility where sand and gravel are stored for sale or use by private entity Sand, Gravel, Stone or Petroleum Extraction The process of extracting sand, gravel, stone or petroleum from the earth School, Business or Trade A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school. 40

41 127. School, Trade or Commercial Schools Establishments, other than public or parochial schools, private primary or secondary schools, or colleges offering training or instruction in a trade, art, or occupation School, Private or Parochial (Primary or Secondary) A school under the sponsorship of a private agency or corporation other than a public entity, having a curriculum generally equivalent to public elementary or secondary school Sexually Oriented Businesses or Establishments - As defined and regulated in Ordinance # Shops, Offices, and Storage Area, Public or Private Utility The pole yard, maintenance yard, or administrative office or public of private utilities Small Engine Repair Shop Shop for repair of lawnmowers, chain saws, lawn equipment, and other machines with one-cylinder engines Stable (Commercial) - A facility for boarding horses, renting horses to the public or conducting riding lessons. A minimum of ten (10) acres is required for this use Stable (Private) An accessory building for quartering horses when the stable building is set back from all adjacent property lines at least one hundred feet (100 ), and when the site contains a minimum area of one (1) acre for each animal quartered 134. Storage or Wholesale Warehouse A building used primarily for the storage of goods and materials Studio for Photographer, Musician, and Artist A building or portion of a building as a place of work by a photographer, musician, or artist Studio for Radio and Television A building or portion of a building used as a place for radio or television broadcasting Swim and Tennis Club A private recreational club with restricted membership, usually of less area than a Country Club, but including a club house and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public Swimming Pool (Private) A swimming pool constructed for the exclusive use of the residents of a one-family, two-family, or multiple-family dwelling and located and fenced in accordance with the regulations of the City of Farmersville. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners. See Ordinance # for Swimming Pool, Hot Tub, etc. regulations Tattooing and Permanent (Intradermal) Cosmetics: The practice of producing an indelible mark or figure on the human body by scarring or inserting pigment under the skin using needles, scalpels, or other related equipment. Facilities offering tattooing, permanent or intradermal cosmetic services and body piercing must be licensed by the State of Texas and must meet all environmental health requirements of the City of Farmersville. Tattooing, permanent cosmetics, and body piercing may be practiced as an accessory use to a Custom Personal Service Shop. However, a facility offering these services as a primary or stand alone use shall be required to obtain a special use permit, and shall be prohibited, within 1,000 feet of any church, residentially zoned district, or public or parochial school. The distance shall be measured in a straight line 41

42 from the front door of the facility to the nearest property line of the church, public or parochial school, or to the closest residential district boundary line. The 1,000 foot distance requirement may be reduced to 300 feet if the City Council finds that issuance of the specific use permit would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood.(ord # , ) 140. Telephone Line and Exchange A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication Temporary Field Office A building or structure of either permanent or temporary construction, used in connection with a development or supervisory and/or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project Theater (Drive-In) An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles Theater (Indoor) A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performance Tire Dealer No Open Storage A retail establishment engaged in the selling and/or installing of tires for vehicles, but without open storage Tire Dealer, With Open Storage A retail establishment with open storage engaged in the selling and/or installing of tires for vehicles Tire Re-treading and Capping The process by which tires are treated with a new tread Tool Rental Shop A building or a portion of a building used for the display and rental of tools and instruments Town Home Attached residential dwelling units in structures having two to eight units per structure Trailer Camp or Recreational Vehicle Park A tract of land designed or being used to accommodate one or more transient portable dwelling units originally designed to be moved on wheels from location to location by automobile, truck, or similar prime mover Trailer Cargo Sales or Rental A lot or area for the storage of trailers designed to be towed behind passenger cars for the transport of cargo. Such trailers offered or displayed in the GR District shall not exceed twenty feet (20 ) in overall length Trailer Rental The display and offering for rent of trailers designed to be towed by a vehicle Trailer Sales The display and offering for sale of trailers designed to be towed by a vehicle Truck Parking Lot Area for parking vehicles weighing more than 6,500 pounds. 42

43 154. Truck Terminal An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment Truck Sales (Heavy Truck) The display, sale, or rental of new or used heavy load vehicles in operable condition Two-Family Dwelling A single structure designed and constructed with two living units under a single roof for occupancy by two families Used Car Dealer Retail sales or offering for sale of used automobiles or light load vehicles Utility Line (Local) Utility Distribution/Transmission Lines Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines and metering stations 159. Veterinarian Clinic An establishment, not including outside pens, where animals and pets are admitted for examination and medical treatment Wholesale Office Storage or Sales Facility An establishment with a minimum of seventy-five percent (75%) of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale areas, sales offices, and display areas for products sold and distributed from the storage and warehouse areas Wrecking or Auto Salvage Yard A yard or building where automobiles or machinery are stored, dismantled and/or offered for sales as whole units, as salvaged parts, or as processed metal Zero Lot Line Dwelling Detached single-family dwellings on lots without a side yard requirement on one side of the lot. 43

44 General Definitions Certain words in this ordinance not heretofore defined are defined as follows: Words used in the present tense include the future: words in the singular number include plural number, and words in the plural number include the singular number: the word building includes the word structure ; the word lot includes the words plot or tract ; the word shall is mandatory and not discretionary. 1. Accessory Use A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. 2. Alley A public space or thoroughfare which affords only secondary means of access to property abutting thereon, which has been deeded or dedicated to the public for public use. 3. Area of Lot The area of a lot shall be the net area of the lot and shall not include portions of streets and alleys. 4. Basement A building story which is partly underground, but having at least onehalf of its height below the average level of the adjoining ground. A basement shall be counted as a story in computing building height. 5. Block An area enclosed by streets and occupied by or intended for buildings and is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side. 6. Board Zoning Board of Adjustment as provided for SECTION Building Any structure built for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. 8. Building Line A line parallel or approximately parallel to the street line at a specified distance there from making the minimum distance from the street line that a building may be erected. 44

45 9. Building Ends Those sides of a building having the least dimensions as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether its front is upon a street, faces the rear of the lot or is adjacent to the side lot line or another building. 10. Building Official The building inspector or other person designated as the one responsible for the administration and enforcement of the Zoning and Building Codes of the City of Farmersville. 11. Carport A structure open on a minimum of three sides, designed or used to shelter vehicles. 12. City Shall refer to City of Farmersville 13. City Council The governing body of the City of Farmersville, Texas. 14. Certificate of Occupancy and Compliance An official certificate issued by the City through the enforcing official as specified in SECTION 22, which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued. 15. City Manager Chief administrative officer of the City of Farmersville, Texas. 16. Court An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent open space. 17. Coverage The percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of two (2 ) feet from the walls of a building shall be excluded from coverage computations. 18. Depth of Lot The mean horizontal distance between the front and rear lot lines. 19. District A section of the City of Farmersville for which the regulations governing the area, height, or use of the land and buildings are uniform. 20. Dwelling Unit A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping. 21. Family Any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage, or adoption. 45

46 22. Fire Station and Public Safety Building A building housing fire apparatus and, usually, firefighters, or a building housing a law enforcement agency of a unit of local government. 23. Flood Plain An area of land subject to inundation by a 100-year frequency flood, as shown on the flood plain map of the City of Farmersville. 24. Floor Area The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways. 25. Floor Area Ratio (FAR) The floor area of a main building or buildings on a lot, divided by the lot area. 26. Height The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof s surface, if a flat surface, (2) to the deck line of mansard roofs, or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet (10 ) in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level. 27. Housing Development Any development involving the provision of housing as the primary land use and the inclusion of secondary facilities, such as streets and sidewalks. 28. Living Unit The room or rooms occupied by a family; must include cooking facilities. 29. Loading Space An off-street space or berth used for the loading or unloading of vehicles. 30. Lot Land occupied, or to be occupied, by a building and its accessory buildings, and including such open spaces as are required under this Ordinance and having its principal frontage upon a public street or officially approved place. 31. Lot Area The net horizontal area of a lot excluding portions of streets and alleys and easements for streets and alleys. 32. Lot, Corner A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. 46

47 33. Lot Coverage The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. 34. Lot Depth The horizontal distance measured perpendicularly between two points on the front lot line and two points on the rear lot line which creates an area that meets the minimum width and depth requirements for the Zoning District. Lot depth shall not include easements, which impair the use of the lot surface as a yard. 35. Lot, Flag or Panhandle A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twelve feet. 36. Lot, Interior A lot other than a corner lot. 37. Lot Lines The lines bounding a lot as defined herein. 38. Lot Line, Front The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback line. 39. Lot Line, Rear The lot line farthest from, but most nearly parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero. 40. Lot Line, Side Any lot line not the front or rear lot line. 41. Lot of Record A lot which is part of a subdivision, the plat for which has been recorded in the office of the County Clerk of Collin County. 42. Lot, Through A residential lot other than a corner lot abutting more than one street, and having access to more than one street. Through lots are prohibited by this ordinance. 43. Lot Width The horizontal distance measured between side lot lines, perpendicular to the front lot line, and measured from the point on the building line which is closest to the front lot line. 44. Main Building The building or buildings on a lot which are occupied by the primary use. 47

48 45. Nonconforming Use or Structure A building, structure, or use of land lawfully occupied at the time of the effective date of this Ordinance or amendments thereto, or annexed into the City and which does not conform to the use regulations of the district in which it is situated. 46. Off-Street Parking Incidental to Main Use Off-street parking spaces provided in accordance with the requirements specified by this Ordinance and located on the lot or tract occupied by the main use or within the same zoning district as the main use or in an adjacent parking district. 47. Occupancy The use or intended use of the land or building by owners, proprietors, or tenants. 48. Open Space Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, or porches. 49. Owner (or Operator) Occupied Residence The structure, house, or home is the primary or principal residence of the Owner or Operator. (Adopted Ord # ) 50. Parking Garage A structure designed specifically for the enclosed parking of motorized vehicles. 51. Parking Space, Residential An enclosed or unenclosed concrete or hot-mix asphalt area of not less than one hundred eighty (180) square feet (measuring not less than 9 feet by 20 feet), not on a public street or alley, together with a hot-mix asphalt or concrete driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use. Two side by side off-street parking spaces shall be provided on the lot for each dwelling unit and shall be served by either a double driveway or a single driveway with a flared approach. This requirement shall apply to all dwellings on lots in subdivisions for which a plat application was submitted and a plat or replat was approved on or after the 12 th day of February, Planning and Zoning Commission The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning and other functions as delegated to it by the City Council. 53. Plat A plan for a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Farmersville and state law. It is subject to approval by the Planning and Zoning Commission and the City Council and is filed with the plat records of Collin County. 48

49 54. Plot A single unit or parcel of land, or a parcel of land that can be identified and referenced on a recorded plat or map. 55. Premises Land together with any building or structures situated thereon. 56. Primary Use The principal or predominant use of any lot or building. 57. Principal Building Same as Main Building. 58. Private Garage An accessory building housing vehicles owned and used by occupants of the main building. 59. Private Street A private vehicular access-way shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. Private streets and alleys may be established only under the terms of the Subdivision Ordinance. The term Private Street shall be inclusive of private alleys. 60. Private Utility, Other Than Listed A non-public utility requiring special faculties in residential areas or on public property for such purposes as heating, cooling, or communications, not customarily provided by the municipality or public utilities. 61. Residence Same as dwelling; also when used with district, an area of residential regulations. 62. Residential District District where the primary purpose is residential use. 63. Service, Retail An establishment engaged in the selling and/or servicing of goods where a minimum of 80% of the floor area is devoted to service, repair, or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded. 64. Shopping Center A group of commercial, primarily retail and service establishments, that are planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, and provisions for aesthetically appropriate design and protection from the elements. 65. Sign An outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure or a display on premises intended to accomplish the purposes customarily assigned to signs. Regulations of size, type, construction standards set forth in Ordinance # , or its successor ordinance, if any. 66. Story The height between the successive floors of a building, or the distance from the floor to the roof. For the purpose of computing building height pursuant to this ordinance, the average height for a story shall be defined as

50 67. Street Any thoroughfare or public driveway, other than an alley, of more than thirty feet (30 ) in width, which has been dedicated or deeded to the public for public use. 68. Street Line A boundary line between a lot, tract, or parcel of land and a contiguous street right-of-way. A street line is the same as a front property line or right-of-way line. 69. Structural Alterations Any change in the supporting member of a building, such as bearing walls, columns, beams, or girders. 70. Structure A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above or below the surface of land or water. 71. Thoroughfare (Same as Street) 72. Tract An area, parcel, site, piece of land, or property which is the subject of a zoning or development application. 73. Travel Trailer A mobile vehicle, designed and used as a temporary place of dwelling, and of such size and design so as to be subject to licensing for towing on the highway by a passenger motor vehicle or other vehicle, and not requiring a special permit for moving on the highways as contrasted to a mobile home. 74. Yard An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point forty inches (40 ) above the general ground level of the graded lot to the sky, except as provided by roof overhang or similar special architectural features. 75. Yard, Front An open, unoccupied space on a lot facing a street extending across the lot front between the side lot lines and from the main building to the front lot or street line, with the minimum horizontal distance between the street line and the main building line as specified for the Zoning District in which it is located. (See Appendix Illustrations 3 and 5) 76. Yard, Rear An open, unoccupied space, except for accessory building as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified the district in which the lot is situated. (See Appendix Illustration 3) 77. Yard, Side An open, unoccupied space or spaces on one side or two sides of the same lot with a main building, and being situated between the building and a side line of the lot extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed as a side line. (See Appendix Illustration 3 and 4) 78. Variance An adjustment in the application of the specific regulations of the Comprehensive Zoning Ordinance to a particular parcel of property which, because 50

51 of special conditions or circumstance peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. 79. Zoning District Map The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Comprehensive Zoning Ordinance. 80. Zoning Ordinance Shall refer to the Comprehensive Zoning Ordinance, as amended. SECTION 6: PD, PLANNED DEVELOPMENT DISTRICT USES PERMITTED 6-A. The City Council of the City of Farmersville, Texas, after public hearing and proper notice to all parties affected, and after recommendation from the Planning and Zoning Commission, may authorize the creation of the following types of Planned Development Districts: 1. Shopping Center on tracts of three (3) acres or more 2. Housing Development on tracts of three (3) acres or more or a Community Unit Development 3. Industrial Parks or Districts on tracts of ten (10) acres or more 4. Medical Center and Hospital 5. Trailer Camps, Industrial Housing Subdivisions 6. Civic Center and Community Center 7. Office Center 8. Recreation Center 9. A combination of any of the developments listed in (1) through (3) 10. Transition Districts as an extension of an existing district whereby the provision of off-street parking, screen walls, open space and plantings would create a protective transition between a lesser and more restrictive district. 11. Retail/ Services Centers 51

52 6-B. In the Planned Development District, uses shall conform to the standards and regulations of the base zoning district to which they are most similar, unless modified by the ordinance granting the Planned Development District or the approved site plan. The particular base district (s) must be stated in the granting ordinance. All applications to the City for a Planned Development District shall list all requested deviations from the standard requirements of the base zoning district as set forth in the Comprehensive Zoning Ordinance. A specific list is required of requested deviations for each district or district, and applicants shall furnish a general statement citing the reason for the Planned Development request. The Planned Development District shall conform to all other sections of this zoning ordinance unless specifically modified or excluded in the ordinance granting the Planned Development District or the approved site plan adopted as an exhibit thereto. 6-C. Every Planned Development District approved under the provisions of this Ordinance shall be considered as an amendment of the Ordinance as applicable to the property involved. In approving the Planned Development District, the City Council may impose conditions relative to the standard of development and such conditions shall be complied with before a Certificate of Occupancy is issued for the use of the land or any structure which is part of the Planned Development District and such condition shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a Certificate of Occupancy. 6-D. All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map and a list of such Planned Development Districts together with the category of uses permitted therein shall be maintained in the Appendix of this Ordinance. SECTION 7: FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts are designated with a Flood Plain Prefix, FP. Areas designated on the Zoning District Map by an FP Prefix shall be subject to the following provisions: 7-A. Uses Permitted The permitted uses in that portion of any district having a Flood Plain, FP, Prefix shall be limited to the following: 52

53 1. Agricultural activities, including the ordinary cultivation or grazing of land and legal types of animal husbandry. 2. Off-street parking incidental to any adjacent main use permitted in the district. 3. Electrical Substation 4. All types of local utilities, including those requiring Specific Use Permits when approved as provided in SECTION Parks, community centers, playgrounds, public golf courses. 6. Private open space as part of a Community Unit Development or Planned Residential Development. 7. Heliport when approved by Specific Use Permit as provided in SECTION 8. 7-B. No building or structure shall be erected in that portion of any district designated with a Flood Plain, FP, Prefix until and unless such building or structure has been approved by the City Manager, who will certify that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard or obstacle to the movement of flood waters and that such construction would not endanger the value and safety of other property or the public health and welfare. 7-C. Any dump, excavation, storage, filling or mining operation within the portion of a district having a Flood Plain, FP, Prefix shall be approved in writing by the City Manager before such operation is begun. 7-D. An area may be removed from the Flood Plain, FP, Prefix designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the City Manager that the flood hazard has been alleviated. Removal of the Flood Plain, FP, Prefix shall be accomplished by resolution of the City Council after written notification from the City Manager advising of the removal of the flood hazard. 7-E. The fact that land is, or is not, within a district having a Flood Plain, FP, Prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding. SECTION 8: SPECIFIC USE PERMITS The City Council of the City of Farmersville, 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 S in the Use Schedule in SECTION 4, D through N and as listed in SECTION 5-B, 9. 8-A. The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit may 53

54 require from the applicants plans, information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance with this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit 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 excessive noise, vibration, dust, hazardous conditions. 8-B. All Specific Use Permits approved in accordance with the provision of this ordinance in its original form or as hereafter amended shall be referenced on the Zoning District Map, and a list of such permits shall be maintained in the Appendix of this Ordinance. SECTION 9: AREA REGULATIONS Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, lot coverage and front, side and rear yards. 9-A. Lot Area 1. The minimum residential lot area for the various districts shall be in accordance with the following schedule except that a lot having less area than herein required, which was an official lot of record prior to January 23, 1998, may be used for a onefamily dwelling; and no lot existing since January 23, 1998 shall be reduced in area below the minimum requirements set forth herein: 54

55 2. In the following Zoning Districts the minimum lot area for each residential dwelling unit shall be in accordance with the following schedule. Schedule Minimum Lot Areas Per Family Unit In Square Feet Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD One Family Dwelling (Detached) 2 Ac One Family Dwelling (Attached) Zero Lot Line Townhomes Two Family Dwelling Multiple Family Dwelling One to Three Stories Multiple Family Dwelling Over Three Stories In the Highway Commercial Zoning Districts the minimum lot area (non- residential) shall be in accordance with the following schedule. Schedule Minimum Lot Area In Square Feet Type of Use Highway Commercial All acceptable commercial uses 5,000 55

56 9-B. Lot Width 1. The minimum lot width for lots in the various districts used for residential purposes shall be in accordance with the following schedule, except that a lot having less width than herein required, which was an official lot of record prior to January 23, 1998 may be used as a one-family dwelling, and no lot existing at the time of passage of this Ordinance shall be reduced in width below the minimum set forth herein: 56

57 2. In the following Zoning Districts the minimum lot width for residential uses shall be in accordance with the following schedule: Schedule Minimum Lot Widths Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD One Family Dwelling (Detached) One Family Dwelling (Attached) Zero Lot Line Townhomes Two Family Dwelling Multiple Family Dwelling One to Three Stories Note: Minimum lot width shown in feet. (-) Indicates width not applicable. See Appendix Illustration #1 for method of measuring lot width. 3. The width of the lot as specified in SECTION 9-B, 1, shall be measured at the specified set back or front building line, but in no case shall the lot width at the front street line be less than forty feet (40 ). 57

58 9-C. Lot Depth 1. The minimum lot depth for the various districts shall be in accordance with the following schedule, except that a lot having less depth than herein required, which was an official lot of record prior to January 23, 1998, may be used for a onefamily dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in depth below the minimum set forth herein. 58

59 2. In the following Zoning Districts the minimum lot depth for residential uses shall be in accordance with the following schedule: Schedule of Minimum Lot Depth Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Min. Depth of Lot for One Family Dwelling (Detached) and Two Family Dwelling Uses Zero Lot Line Townhomes Min. Depth of Lot for One Family (Attached) Dwellings Multiple Family Dwelling Note: Minimum lot depth shown in feet. (-) Indicates depth not applicable. See Appendix Illustration #2 for method of measuring lot depth. 59

60 9-D. Minimum Dwelling Size The minimum floor area of any dwelling shall be 750 square feet exclusive of garages, breezeways and porches. 9-E. Front Yard 1. In the following Zoning Districts the minimum required front yard shall be in accordance with the following schedule and no building, structure or use shall hereinafter be located, erected, or altered so as the have a smaller front yard than hereinafter required, and no front yard existing at January 23, 1998 shall be reduced below the minimum set forth in the following schedule. 60

61 2. In the following Zoning Districts the minimum front yard measurement uses shall be in accordance with the following schedule: Schedule Minimum Front Yards Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD Min. Front Yard Except as Hereinafter Provided See 1 below See 1 below See 9-I- See 1 below See 2 below See 2 below See 3 below Town homes Zero Lot Line Note: Minimum front yard specified in feet. See Appendix Illustration #5 for method of measuring Yards. Reference: 1. SECTION 9., E., 3., f 2. SECTION 9., E., 3., i 3. SECTION 9., E., 3., g 61

62 3. Special Front Yard Regulations a. Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other. (See Appendix Illustration 7). b. Where a building line has been established by plat or Ordinance and such line requires a front yard setback greater or lesser in depth than is prescribed by this Ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by such ordinance or plat. c. The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may project into the required front yard for a distance not to exceed four feet (4 ). Where no front yard is required, all stairs, eaves, roofs and similar building extensions shall be located behind the front street right-of-way line or property line (See Appendix Illustration 5) and off-street parking facilities shall be equipped with stops or guards to prevent parked vehicles from being stored nearer than ten feet (10 ) to any curb and all such parking shall be behind the property line. d. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by Ordinance in which event only one required front yard need be observed. (See Appendix Illustration 6). e. If buildings along the frontage of any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which such street frontage is located, then the average setback of all buildings fronting upon such street between two intersecting streets shall establish the minimum front yard requirement. All vacant lots shall be assumed to have a minimum front yard specified for the district in computing the average front yard. These provisions shall be not interpreted as requiring a setback or front yard greater than fifty (50) feet nor shall they be interpreted as requiring any building to observe a front yard of more than ten (10) feet greater than the front setback observed by any building on a contiguous lot. (See Appendix Illustration 8). 62

63 9-F. Side Yard f. In the MF-2 and O District, a minimum front yard of fifteen feet (15 ) shall be required, provided, however, that in no case shall the distance as measured from the centerline of the street on which a building fronts to the face of the building be less than one-half (1/2) the height of the building, and in no case need such distance exceed fifty feet (50 ) regardless of the height of the building. (See Appendix Illustration 11). g. In the PD District the following minimum front yards shall be provided: Commercial or Retail Development Forty feet (40 ) except drive-in service building and gasoline service station pump islands may not be located nearer than sixteen feet (16 ) to the front property line. Housing Development Fifteen (15) feet or as specified in amending Ordinance. Industrial Development None. Office, Medical or other Development Twenty feet (20 ) or as specified in amending Ordinance. h. Gasoline service station pump islands may not be located nearer than twenty feet (20 ) to the front property line and the outer edge of the canopy shall not be nearer than ten feet (10 ) to the front property line. i. In the CA, I-1 and I-2 Districts no front yard is required except that no structure may be erected nearer than thirty feet (30 ) to the centerline of any street on which such structure fronts. j. Satellite dishes are prohibited in the front yard of any district. Only one satellite dish shall be permitted per lot or primary unit. Satellite dishes in any residential district shall not exceed twelve feet (12 ) in diameter. 1. In the following Zoning Districts the minimum required side yard shall be in accordance with the following schedule and no building, structure or use shall hereafter be located so as to have a smaller side yard on each side of such building than herein required, and no side yard existing as January 23, 1998 shall be reduced below minimum set forth herein. 63

64 2. Schedule of Minimum Side Yards Type of Use A SF-1 SF-2 SF-3 2F MF-1 MF-2 P O NS GR C HC CA I-1 I-2 PD C1 Min. Required Side Yard One Family and Two Family Dwellings in Feet (Detached) 20 10% of width of lot 7 Min. 10% of width of lot 6 Min. 5 10% of width of lot 5 Min. 10% of width of lot 5 Min. 10% of width of lot 5 Min 10% of width of lot 5 Min 10% of width of lot 5 Min 10% of width of lot 5 Min 10% of width of lot 5 Min 10% of width of lot 5 Min See 9-I- 10% of width of lot 5 Min % of width of lot 5 Min Town homes Zero Lot Line Min. Required Side Yard One Family and Two Family Dwellings in Feet Min. Required Side Yard for Multiple Family Dwelling in Feet Min. Required Side Yard for Residential Main Building in Feet Min. Required Side Yard One Family (Attached) Dwelling - For Multiple Dwellings, See Side Yard Regulation: SECTION 9-F2b 20 Minimum Side Yard Shall be 10% of Lot Width, Less Than 20 Wide None. See Side Yard Regulations: SECTION 9-F, 2, b For One Family Attached Dwellings, See Side Yard Regulations: SECTION 9-E, 2, e, on page 58 - See Side Yard Regulations 9-F, 2, g Note: (-) Indicates side yard not applicable. 64

65 2. Special Side Yard Regulations a. Every part of a required side yard shall be open and unobstructed by any building except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve inches (12 ) into the required side yard, and a roof eave or canopy projecting not to exceed twenty-four inches (24 ) into the required side yard. b. Multiple-family dwellings shall provide a minimum side yard of fifteen feet (15 ) between any building face or wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five feet (35 ) in width may provide a minimum side yard of ten feet (10 ). Where a building wall contains no openings for windows, light or air, a minimum side yard of ten feet (10 ) shall be provided between such wall and the side lot line (See Appendix Illustration 9). Where high-rise apartment building, exceeding three (3) stories in height are erected in the MF-2, O or other districts permitting such construction, the side yard shall be increased one foot (1 ) for each two feet (2 ) the structure exceeds three (3) stories but no side yard need exceed fifty feet (50 ). c. On a corner lot, a side yard adjacent to a street, for a multiple-family dwelling not exceeding three (3) stories in height, shall not be less than fifteen feet (15 ) and no balcony or porch or any portion of the building may extend into such required side yard except that a roof may overhang such side not to exceed four feet (4). (See Appendix Illustration 9) d. On a corner lot, used for one-family or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat previously approved by the Planning and Zoning Commission containing a side yard of ten feet (10 ) or more, the building line provisions on that plat shall be observed. On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the required side yard for the respective districts as specified in SECTION 9, F, 1. (See Appendix Illustration 4). e. A one-family attached dwelling shall provide a minimum required side yard adjacent to a side street of ten feet (10 ) and no complex of attached onefamily dwellings shall exceed two hundred feet (200 ) in length. A minimum required side yard of five feet (5 ) shall be provided at the end of each one-family attached dwelling complex so that the end of any two adjacent building complexes shall be at least ten feet (10 ) apart. (See Appendix Illustration 12). 65

66 9-G. Rear Yard f. No side yard is specified for non-residential use in the GR, C, CA, I-1 or I-2 Districts except where a commercial, retail or industrial or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum five feet (5 ) side yard shall be provided on the side adjacent to such residential district. g. The minimum side yard requirements in a Planned Development District shall be established on the site plan or in the amending Ordinance in accordance with SECTION 6. h. Side yard requirements for zero lot lines are as follows: one side must be at least ten feet (10 ), and there is no minimum on the other side. 1. In the A, SF-1, SF-2, SF-3, 2F, MF-1, MF-2, P, O, NS, GR, C, C-1, CA, I-1 or PD Districts, no main residential building may be constructed nearer than ten feet (10 ) to the rear property line. The main residential building and all accessory building shall never cover more than fifty percent (50%) of that portion of the lot lying to the rear of a line erected joining mid-point on one side lot line with the mid-point of the opposite side lot line. (See Appendix Illustration 3). (For Accessory Building Standards, see SECTION 10-B). 2. In the O, NS, GR, C, CA, I-1, or I-2 Districts, no rear yard is specified for nonresidential uses except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any residential districts listed herein, a minimum rear yard of ten feet (10 ) shall be provided. 3. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty inches (30 ) above the general ground level of the graded lot, except for accessory buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four feet (4 ) into the required rear yard. 4. The minimum rear yard in a PD, Planned Development District shall be established on the site plan or by the amending Ordinance in accordance with SECTION Where multi-family dwellings exceed (3) stories in height, a rear yard equal to one foot (1 ) for each two feet (2 ) in height shall be provided except that no such rear yard need exceed fifty feet (50 ) as a result of this provision and except that in the MF-2 and CA Districts, no rear yard exceeding ten feet (10 ) shall be required where the rear wall of a residential structure contains no opening or windows for light or air. 6. The minimum rear yard in the HC District, shall be twenty feet (20 ). 66

67 9-H. Lot Coverage and Floor Area Ratio 1. The maximum percentage of any lot area which may hereafter be covered by the main building and all accessory buildings and the maximum ratio of the floor area to the total area of the lot or tract on which a building is located shall not exceed the following schedule, except where an existing building at the effective date of this Ordinance may have a greater percentage of lot coverage or a higher floor area ratio than herein prescribed, such building shall be considered a conforming structure. (See Appendix Illustration 10) 2. In the following Zoning Districts the maximum building lot coverage and floor area ratio shall be in accordance with the following schedule: a. Schedule of Maximum Building Lot Coverage Residential Districts A SF-1 SF-2 SF-3 2F MF-1 MF-2 PD Zero Lot Line Townhomes Max. Percent of Lot Area Which May Be Covered By Building b. Schedule of Maximum Coverage and Floor Area Ratio Non-Residential P O NS GR C HC CA I-1 I-2 Max. Percent of Lot Area Which May be Covered by Building in Residential Use Max. Percent of Lot Area Which May be Covered by Building Non-Residential Use Max. Floor Area Lot Area Ratio :1-10:1 1:1 1:2 Note: (-) Indicates Coverage or Floor Area Ratio not applicable. 67

68 9-I. Highway Commercial District Setback Regulations 1. In Highway Commercial Districts the minimum front, side, and rear setbacks shall be in accordance with the following schedule. Highway Commercial Minimum Front Setback 25 Minimum Side Setback 10 Minimum Rear Setback 20 9-J. Exterior Construction 9-K. 1. In the O, NS, GR, C, CA, HC or PD Districts, exterior wall construction shall be of such material as is required to conform to the building code for the particular use or occupancy, provided that the exterior of all structures shall be one hundred percent (100%) masonry, exclusive of doors and windows. 2. Glass may be counted in place of masonry. 3. Reflective glass with an exterior reflectance in excess of 27% shall not be permitted. 4. No more than 80% of the ground floor of any exterior wall (to the first plate) shall be comprised of windows or glass. No more than 50% of any exterior wall above the ground floor shall be comprised of windows or glass. 5. Outdoor Storage and Accessory Buildings: Any accessory building or storage building, which is allowed under the Comprehensive Zoning Ordinance, shall be of like appearance to the primary building. 6. In Industrial Districts 1 and 2 (I-1 and I-2) the industrial building may be constructed of metal siding, the Office portion of any building must be of 100% masonry for the front facade, exclusive of doors and windows. (Ord # , ) Building Facade Regulations for the Commercial (C) and Highway Commercial (HC) Districts Objective: The City of Farmersville contains areas of varying land use types and consequently various building types. The intent of the building facade regulations is to create design integrity for the Commercial (C) and Highway Commercial (HC) Districts. These principals address the following issues: 1. General Architectural Elements: a. Gables: Gables must be designed as follows: Gable Parapet, Brick Gable or Craftsmanship Gable. b. Building Cornice/parapet: In order to maintain strong architectural continuity, the juncture of the vertical wall and roof soffit/fascia (or the termination of the vertical wall in a parapet) must be highlighted with distinctive detail that creates shadow and texture. The detail must be at least 12 inches wide and project a minimum of 1 inch from the face of the facade 68

69 plane. A variety of materials may be used except Styrofoam, metal siding, vinyl, Masonite and stucco board. c. Relationship to Intersections: Intersections between roadways in the Highway Commercial District shall be given special consideration due to their visual importance. In such locations, the following guidelines shall be applied: 1. Orientation of the building to the street intersection: Buildings at major intersections shall enhance the intersection by orienting the primary facade of the structure toward the intersection rather than facing the front plane of the structure to either of the intersecting streets. 2. Utility Services: All utility service lines shall be underground. 3. Mechanical Equipment: All air conditioning compressors, boilers, power and meter boxes, and satellite dishes must be completely screened from public view. Screening materials must consist of architectural devices that are logical visual extensions of the building design or planting material consistent with these guidelines. 4. Building Services: All building services must be located on that side of the building which does not front public streets and shall be screened and/or hidden from the view of adjacent residential uses. Screening materials must consist of architectural devices that are logical visual extensions of the building design or planting material consistent with these guidelines. 5. Signage: Refer to current sign ordinance 6. Building Material: The dominant exterior material on facades facing existing or proposed public streets (exposed facades) within in the Commercial and Highway Commercial District must be unit masonry. Unit masonry includes brick, stone, and textured concrete masonry units used only in combination with brick or stone. Within the following limitations, exterior materials may also include wall systems used in conformance with the provisions of this paragraph. However, at least 60% of the solid portions of exposed facades must be brick or stone. Facades not facing existing or proposed public streets (unexposed facades) may consist of unit masonry and/or wall systems as described below. To avoid large areas of blank wall greater than 50 feet in length, architectural designs or accents used on exposed facades shall be continued, in their major features, to unexposed facades (i.e. contrasting color bands, stone or brick columns, contrasting materials.) a. Brick: domestic hard-fired, severe weather, modular brick. Wire cut, wood mold, tumbled, and antique brick may be used. b. Stone: a chopped stone, finished builder s stone, or rustic stone laid in coursed pattern is encouraged as an accent material. Stone may be used as an accent material to articulate distinct subordinate architectural components of the structure, openings (such as window and door surrounds), edges, caps and ground connected to elements of the facade (such as a column base or 69

70 water table). In addition, finished stone or concrete cast stone may be used for belt courses, opening surrounds, parapet caps, or cornice or gable/pediment articulation. Brick may be used as an accent with stone, and stone with brick in the same relationships describe above when articulating openings in an architectural mass veneered with stone. c. Stucco: Stucco may be used as an accent material only. The use of stucco shall be subordinate to the dominant brick or stone to address portions of the construction not able to hold masonry or for aesthetic purposes. Stucco shall not exceed 25% of the area of any exterior wall face. Stucco must be an authentic lath and stucco technology. Dryvit type systems ( EIFS Exterior Insulation and Finish Surfaces) or Styrofoam products may not be used. The intent of this standard is to establish a solid substrate and discourage wall sections that do not convey the attributes of permanence and quality. Control joints in stucco must be coordinated with the architectural design and should be indicated on the plans submitted. No stucco board is permitted. d. Synthetic Materials: Synthetic materials such as siding, Masonite, Styrofoam, vinyl, and stucco board may not be used as a wall material. e. Siding: Siding is not allowed. f. Wall systems: Allowed wall systems include tilt-up concrete panels and engineered steel wall panels with masonry-like exterior finish. The exterior surface of wall systems must be textured masonry or covered with brick or stone. When Tilt-up Concrete wall systems are used, the visual effect of the design must give an impression that the wall is supported by structural systems that allow attenuated subdivision between openings. Large areas of blank wall, typically seen when such systems are used for retail/industrial/distribution facilities, are not allowed. Rather, as noted above, the exterior wall must be finished providing a predominantly masonry appearance. Any portion of the tile-up concrete wall system visually exposed in the building skin must be subdivided in a design that modulates with the features of the building elevation design (such as window bands or lines of structure). g. Mortar Joints: All mortar joints shall be tooled. Slump joints and/or weeping joints are not permitted. Only natural or light colored mortars shall be used. Dark mortars are prohibited. h. Changes in Materials: The location of exterior wall material changes (such as brick to stucco/concrete or brick to stone) shall have a logical relationship to changes in the form of the structure and not be dictated by the simple economy. Material changes in the same wall plane are prohibited unless the dominant material is terminated with an architectural element such as a column or an offset. All materials must wrap the corner and change in one of the manners described above. (adopted Ord ) 7. Roof: The implied visible purpose of the roof form is to perform those functions associated with a roof. That is to provide sunshade and/or shed water. A roof, 70

71 which exists only to conceal mechanical equipment, is not allowed. The guidelines for roofs are as follows: a. Roof Massing: Roofs (pitched or flat) shall be massed with an orderly sequence of subordinate roofs extending from a dominant roof mass. Where more complex building design creates multiple roof forms, there shall be a logical relationship of the roof composition. Single roof forms, other than flat roofs, which articulate the entire plate size of the structure, are not allowed. It is the intent of this guideline to encourage roof forms (other than flat roofs) with compositional components rather than the entire mass of the structure itself. When pitched roof forms are used in conformance with these guidelines, roof forms must be simple hipped or gable roofs. This guideline is not meant to limit the use of flat roofs in subordinate mass situations and where such a roof is necessary to attain an appropriate perception of span. A flat roof shall be concealed behind a parapet (or an extension of the wall plane). b. Roof projections: No plumbing stacks, venting stacks or roof mounted attic ventilators (except gable and or dormer vents) shall penetrate the roof surfaces facing the street. Roof projections must be mounted straight and perpendicular to the ground plane and be painted to blend with the roof color. Roof projections and HVAC equipment mounted on the roof shall be screened from view and shall not be visible from any streets abutting or adjacent to the structure. c. Roof Span: Care must be taken in the design of new development to create (or give the illusion of) spans that are compatible with pedestrian scaled development and residential uses. Roof spans should not be larger than 45 feet unless a dominant span (larger in size) is made more complex and obscured by subordinate roof masses extending from it. d. Roof Pitch: The minimum roof pitch, visible from the street, shall be 6 feet of rise to 12 feet of run. e. Sloped Roof Materials. Sloped roof materials shall be one of the following: Metal R Panel Natural Slate High quality clay or concrete tile (including such slate like products as Hardislate or equal) in warm darker gray or dark earthtone color range High quality composition shingle with a 40 year warranty with a gray or weathered blend color or other dark color. All roof colors shall be limited to a Verde, dark bronze or naturally weathered or earth tone color Awnings: Main entrances emphasized through projections, or recessed areas which face a public street shall have arcades, display windows, entry area awnings, or other features 60% of the horizontal length. Minimum awning size shall be 4 foot x 4 foot. (Ord # , ) 71

72 SECTION 10: SPECIAL AREA AND ACCESSORY BUILDING REGULATIONS 10-A. Court Standards The minimum dimensions and area for outer or inner courts provided in buildings occupied for residential purposes shall be in accordance with the following provisions: 1. Outer Courts Residential Structures a. For residential structures, three (3) stories or less in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall be a minimum width equal to the depth of the court, but the width of any such outer court need not exceed thirty feet (30 ) even though the depth of the court may exceed such dimension. b. For residential structures exceeding three (3) stories in height, any outer court which is used for access of light or air or which maybe used for emergency access purposes shall have a minimum width equal to the depth of the court, but the width of any such outer court need not exceed fifty feet (50 ) even though the depth of the court may exceed such dimension. 2. Inner Courts Residential Structures a. For residential structures, three (3) stories or less in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have minimum dimensions in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width or the length of the base of such inner court need exceed thirty feet (30 ) even though the height of the enclosing walls may exceed such dimension. b. For residential structures exceeding three (3) stories in height, any inner court which is used for access of light or air or which maybe used for emergency access purposes shall have a minimum dimension in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width or the length of the base of such inner court need exceed fifty feet (50 ) even though the height of the enclosing walls may exceed such dimension. 72

73 10-B. Accessory Building Regulations Area Regulations for Accessory Buildings in Residential and Apartment Districts 1. Front Yard Attached accessory buildings shall have a front yard not less than the main building. Detached accessory building shall be located in the area defined as the rear yard. 2. Side Yard There shall be a side yard not less than three feet (3 ) from any side lot line, alley line, or easement line, except that adjacent to a side street the side yard shall never be less than ten feet (10 ). Where a firewall is provided, no side yard need be provided on one side of a lot only for accessory building located in the rear one-half (1/2) of the lot. (See Appendix Illustration 3). 3. Rear Yard There shall be a rear yard not less than three feet (3 ) from any lot line, alley line, or easement line, except that if no alley exists the rear yard shall not be less than ten feet (10 ) as measured from the rear lot line. In residential districts, the main building and all accessory buildings shall not cover more than fifty percent (50%) of that portion of the lot lying to the rear of a line erected joining the mid point of one side lot line with the mid point of the opposite side lot line. Carport garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located nearer than three feet (3 ) to any side lot line except where a firewall has been provided which meets the requirements of the Building and Fire Codes of the City of Farmersville, no rear yard for accessory building shall be required. (See Appendix Illustration 3). 4. Any garage constructed in a residential or apartment district, detached or as an integral part of the main structure, shall be set back not less than twenty feet (20 ) from any street or alley line on which it faces or from which it has access. 73

74 10-C. Special Area Accessory Use Regulations 1. Tennis Courts: It is the purpose of these provisions to recognize a Tennis Court as a potential attractive nuisance and to promote the safety and enjoyment of property rights by established rules and regulations governing the location and improvement of Tennis Courts whether privately, publicly, or commercially owned or operated. a. Permits and Approvals: No Tennis Courts shall be constructed or used until a Tennis Court building permit and certificate of occupancy have been issued therefor. b. Requirements: A Tennis Court may be constructed and operated when: 1) The court is not located in any required front or side yard abutting a street; 2) The court is located behind the front yard or front building line and shall be no closer than three feet from the property line; 3) A wall or fence with a minimum of 6 and a maximum of 10 height completely encloses either the court area or the surrounding yard area. 4) All lighting of the court is shielded or directed to face way from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties. 2. Swimming Pools: It is the purpose of these provisions to recognize an outdoor swimming pool as a potential attractive nuisance and to promote the safety and enjoyment of property rights by established rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated. a. Permits and Approvals: No swimming pool shall be constructed or used until a swimming pool building permit and a certificate of occupancy have been issued therefor. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations, per Ordinance # , or its successor ordinance, if any. b. Requirements: A swimming pool may be constructed and operated when: 1) The pool is not located in any required front or side yard abutting a street; 2) The pool is located behind the front yard or front building line and shall be no closer than three feet from the property line; 74

75 SECTION 11: Landscape Regulations 11-A. PURPOSE: It is the purpose of this section to establish certain regulations pertaining to landscaping within the City of Farmersville. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the City. 11-B. SCOPE: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the City, except that single family detached dwellings shall be exempt. 11-C. ENFORCEMENT: The provisions of this section shall be administered and enforced by the Building Official or his designee. If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the Building Official shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from the date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance. 11-D. PERMITS: No permits shall be issued for building, paving, grading or construction until a Landscape Plan is submitted and approved by the Building Official or his designee. In the event that the proposed development requires an approved subdivision plat, site plan, or development plan, no final approval shall be granted unless a Landscape Plan is submitted and approved. Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the Landscape Plan as required herein. In any case in which an Occupancy Certificate is sought at a season of the year in which the Building Official determines that it would be impractical to plant trees, shrubs, or grass, or to lay turf, an Occupancy Certificate may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed, provided the applicant deposits cash in an escrow account with the City in the amount equal to 110% of the estimated cost of such landscaping. Such escrow deposit shall be conditioned upon the installation of all landscaping required by the plan within six (6) months of the date of the application and shall give the applicant the right to draw upon the escrow deposit to complete the said landscaping. 75

76 11-E. LANDSCAPE PLANS: Prior to the issuance of a building, paving, grading or construction permit for any use other than single family dwellings, a Landscape Plan shall be submitted to the Building Inspection Department. The building Official or a designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscape Plans shall be prepared by a landscape architect or landscape contractor who belongs to a bona fide nurseryman s association. Landscape Plans contain the following information: 1. Minimum scale of one inch equals fifty feet; 2. Location of all trees to be preserved and planted; 3. Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape feature; 4. Species of all plant material to be used; 5. Size of all plant material to be used; 6. Spacing of plant material where appropriate; 7. Layout and description of irrigation, sprinkler or water systems including placement of water sources; 8. Description of maintenance provisions for the Landscape Plan; 9. Person(s) responsible for the preparation of Landscape Plan. 11-F. MAINTENANCE: The owner, tenant and his or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size. 76

77 11-G. GENERAL STANDARDS: The following criteria and standards shall apply to landscape materials and installation. 1. Quality. Plant materials used in conformance with the provisions of his section shall conform to the standards of the American Standards for Nursery Stock, or their equal. Grass seed, sod and other material shall be clean and free of weeds and noxious pests and insects. 2. Trees. Trees referred to in this section shall be chosen from the approved plant palette located in Table 1. Trees shall have an average spread or crown of greater than fifteen feet (15 ) at maturity. Trees having lesser average mature crown of fifteen feet (15' may be substituted by grouping the same so as to create the equivalent of fifteen feet (15 ) spread of crown. At time of planting, trees shall be a minimum of three inches (3 ) in caliper, measured twelve inches (12 ) above the ground, and a minimum of seven feet (7 ) in height. 3. Shrubs & Hedges. Shrubs shall be a minimum of two feet (2 ) in height when measured immediately after planting and shall be chosen from the approved plant palette located in Table 1. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three feet (3 ) high within one (1) year after time of planting. 4. Vines. Vines shall be a minimum of two feet (2 ) in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. Vine material shall be chosen from the approved plant palette located in Table Ground Cover. Ground cover used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonable complete coverage within one year of planting. Groundcover material shall be chosen from the approved plant palette located in Table Lawn Grass. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion. 7. Credit for Existing Trees. Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Building Official, be credited as two (2) trees to meet the minimum requirement. 77

78 TABLE 1 PLANT PALETTE Overstory Trees: Range: Bald Cyprus Cedar Elm Pecan Chinese Pistache Bur Oak Shumard s Oak Sweet Gum Catalpa Honey Locust Green Ash Live Oak Western Soapberry Taxodium distichum Ulmus cressifolja Carya illinoinensis Pistacia chinesis Quercus macrocarpa Quercus Shumardii Liquidambar styraciflua Catalpa bignoniodes Gleditsia triacanthos Fraximus pennsylvanica Quercus virginiana Sapindus drummondii Accent Trees: Redbud Crape Myrtle Yaupon Holly Bradford Pear Texas Sophora Wild Plum Crap Apple Deciduous Holly Flameleaf Sumac Cherry-Laurel Chaste Tree Cercis canadensis Lagerstroemia indica Ilex vomitoria Purus calleryana Bradford Sophora affmis Prunus americana Malus angustifolia Ilex decidua Rhus Copallina Prunus caroliniana Vitex Agnus-castus 78

79 Table 1 continued Shrubs: Range: 3-5 Dwarf Crape Myrtle Dwarf Burford Holly Dwarf Chinese Holly Dwarf Yaupon Holly Fraser s Photinia Purple Sage Purple Leaf Japanese Barberry Pampas Grass Nandina Juniper Supp. Cattail Ground Cover: Range: 18 Juniper Supp. Periwinkle Liriope Asian Jasmine Vines: Coral Honeysuckle Carolina Yellow Jessamine Lady Banksia Rose Cross Vine Sweet Autumn Clematis Lagerstroemia indica nana Ilex comuta Barfordii Nana Ilex comuta Rotunda Ilex vomitoria Nana Photinia Fraseri Leucophyllum frutescens Berberis Thunbergii Atropurpurea Cortaderia Selloana Nandina domestica Juniperus chinensis Typha latifolia Juniperus horizontalis or procumbens Vinca major Liriope Muscari Trachclospermun asiaticum Lonicera sempervirens Gelsemium sempervierns Rosa Banksiae Bignonia Capreolata Clematis Paniculata 79

80 SECTION 12: EXTERIOR LIGHTING STANDARDS Purpose of Section: Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting of parking areas. 12-A. Glare: Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected so that acting together, the light beam is controlled and not directed across any bounding property line above height of three feet (3 ). The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. 12-B. Non-Residential Site Lighting: 1. All off-street parking areas, for nonresidential uses in nonresidential districts, which are used after dark shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements. No intermittent flashing lights are permitted. 2. Intensity: On the parking area surface, an average of at least two (2) foot candles, initial measurement, and a minimum average of one (1) foot candle on a maintained basis. 3. Height: Luminaries located in an off-street parking area on privately owned property shall be mounted at a height not to exceed thirty feet (30 ) as measured vertically from the horizontal surface of the nearest parking pavement. 12-C. Luminaries: Light source shall be a down-light type, indirect, diffused, or shielded type luminaries installed so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs of 15 watts or more or strings of lamps are prohibited, except for temporary lighting not exceeding forty-five (45) days per year. SECTION 13: HEIGHT REGULATIONS 80

81 13-A. No building or structure shall be located, erected or altered so as to exceed the height limit hereinafter specified for the district in which the building is located except as noted in SECTION 13-B, the following height limits apply: 1. A, Agricultural District Three (3) stores 2. SF-1, Single-Family Dwelling Two (2) stories 3. SF-2, Single-Family Dwelling Two (2) stories 4. SF-3, Single-Family Dwelling Two (2) stories 5. 2F, Two-Family Dwelling Two (2) stories 6. MF-1, Multiple-Family Dwelling Three (3) stories 7. MF-2, Multiple-Family Dwelling To any legal limit except apartment building over three (3) stories require additional yards. 8. P, Parking District Three (3) stories 9. O, Office District To any legal limit 10. NS, Neighborhood Service Two (2) stories 11. GR, General Retail Three (3) stories 12. C, Commercial Three (3) stories 13. HC, Highway Commercial Three (3) stories 14. CA, Central Area To any legal height not prohibited by other laws or ordinances. 15. I-1, Light Industrial To any legal height not prohibited by other laws or ordinances. 16. I-2, Heavy Industrial To any legal height not prohibited by other laws or ordinances. 17. PD, Planned Development To any legal height provided that the total floor area does not exceed the total site area and coverage of site by first floor does not exceed forty percent (40%) of the total site area. 18. FP, Flood Plain Not Applicable. 81

82 13-B. Special Height Regulations In the districts where the height of buildings is restricted to two (2) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty feet (40 ) above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one (1 ) additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) stories in height. 13-C. Radio, Television, and Microwave Towers Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the federal Communications Commission (FCC). In no case shall the height of such antennas exceed forty-five feet (45 ) and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roofmounted satellite dishes in excess of fifty (50) pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna stability and support and such dish shall not extend more than six feet (6 ) above the roof. No radio, television or microwave tower for a commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential on the current Comprehensive Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence. 82

83 SECTION 14: VEHICLE PARKING REGULATIONS 14-A. Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any use permitted in the District in which it is located unless there shall be vehicle parking provided on the lot or tract, or on an immediately contiguous lot or tract or within 150 feet of such building or structure. The ratio of vehicle spaces for the uses specified in the designated districts follows in 14-B, except that an established use lawfully existing at the effective date of this Ordinance need not provide vehicle parking as hereinafter set forth and that no existing vehicle parking in connection with said use at the effective date of this Ordinance may be reduced below the minimum number of spaces as hereinafter required. 14-B. In the following Zoning Districts the minimum off-street parking spaces for residential uses shall be: 1. A, Agricultural District Two (2) spaces for each dwelling unit 2. SF-1, Single-Family Dwelling Two (2) spaces for each dwelling unit 3. SF-2, Single-Family Dwelling Two (2) spaces for each dwelling unit 4. SF-3, Single-Family Dwelling Two (2) spaces for each dwelling unit 5. 2F, Two-Family Dwelling Two (2) spaces for each dwelling unit 6. MF-1, Multiple-Family Dwelling Two (2) spaces for each dwelling unit 7. MF-2, Multiple-Family Dwelling Two (2) spaces for each dwelling unit 8. P, Parking District Two (2) spaces for each dwelling unit for onefamily residences and two (2) spaces for each two-family unit or apartment 9. O, Office District Two (2) spaces for each dwelling unit for onefamily residences and two (2) spaces for each two-family unit or apartment 10. NS, Neighborhood Service Two (2) spaces for each dwelling unit for onefamily residences and two (2) spaces for each two-family unit or apartment 11. GR, General Retail Two (2) spaces for each dwelling unit for onefamily residences and two (2) spaces for each two-family unit or apartment 12. C, Commercial Two (2) spaces for each dwelling unit for onefamily residences and two (2) spaces for each two-family unit or apartment 83

84 13. HC, Highway Commercial Two (2) spaces for each multi-family dwelling unit. 14. CA, Central Area No requirement for separate buildings 15. I-1, Light Industrial No requirements (all dwellings excluded) 16. I-2, Heavy Industrial No requirement (all dwellings excluded) 17. PD, Planned Development Two (2) spaces for each dwelling unit for onefamily residences plus such additional requirements as may be specified by the ordinance defining the Planned Development. 14-C. Parking space schedule for non-residential uses is applicable to all Districts except the CA, Central Area District. 1. Bank, Savings and Loan or similar financial establishment One (1) space for each six hundred (600) square feet of floor area 2. Bowling Alley Six (6) spaces for each lane 3. Clinic or Doctors Offices One (1) space for each two hundred (200) square feet of floor area (minimum of five (5) spaces ) 4. Churches One (1) space for each three (3) seats in the main sanctuary 5. Commercial Outdoor Amusement Thirty (30) spaces plus one (1) space for each one hundred (100) square feet of floor area over two thousand (2,000) square feet 6. Convalescent Home or Home for Aged One (1) space for each six (6) rooms or beds 7. Gasoline Service Station Minimum of six (6) spaces 8. Golf Course Minimum of thirty (30) spaces 9. High School, College or University One (1) space for each classroom, laboratory or instruction areas, plus one (1) space for each four (4) students accommodated in the institution 10. Hospitals One (1) space for every two (2) beds 11. Hotel or Motel One (1) space for each room, unit or guest accommodation 12. Institutions of a philanthropic nature Ten (10) spaces, plus one (1) space for each employee 84

85 13. Library or Museum Ten (10) spaces, plus one (1) space for each three hundred (300) square feet of floor area 14. Manufacturing, processing or repairing One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater 15. Offices, general One (1) space for each three hundred (300) square feet of floor area (minimum five (5) spaces) 16. Recreational, private or commercial area or building (other than listed) One (1) space for every four (4) persons to be normally accommodated in the establishment 17. Restaurant or Cafeterias One (1) space for every three (3) seats under maximum seating arrangement (minimum five (5) spaces) 18. Retail or personal service One (1) space for each two hundred (200) square feet of floor area (minimum of five (5) spaces) 19. Schools, Elementary or Junior High One (1) space for each classroom, plus one (1) space for each four (4) seats in any auditorium, gymnasium, and other place of assembly 20. Storage or warehousing One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater 21. Theaters, meeting rooms and places of public assembly One (1) space for every three (3) seats 22. Bed and Breakfast Inn/Homestay Spaces as required in SECTION 14-A, above, for the district in which located, plus one (1) space per rental room in the inn or homestay. 85

86 14-D. Special Off-Street Parking Regulations 1. In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building for development. 2. In the SF-1, SF-2, SF-3, 2F, MF-1, MF-2, O and NS Districts, no parking space, garage, or carport or other automobile storage space or structure shall be used for the storage of any truck, truck trailer, or vans except for panel and pickup trucks not exceeding one (1) ton capacity. 3. Floor area of a structure devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use. 4. No off-street parking space shall be located so as to permit any part of a parked vehicle to extend across the property line nor shall any portion of a parked vehicle be located so as to be nearer than ten feet (10 ) to any street curb. Physical barriers shall be installed on all off-street parking areas to assure that the above dimensions are maintained. 5. In the O, NS, GR, C, CA, HC, I-1, I-2 and PD Districts, parking areas and driveways will be 6 minimum reinforced concrete, 3600 PSI. Loading docks will be 6 concrete with #4 rebar, 3600 PSI. 14-E. Parking Requirements for New or Unlisted Uses 1. Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar listed use. 2. Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to 14-D, 1 or where uncertainty exists, the minimum off-street parking requirements shall be established by the same process as provided in SECTION 5 for classifying new and unlisted use. SECTION 15: OFF-STREET LOADING REGULATIONS 15-A. Except in the CA District, all structures for retail, commercial, industrial and service establishments shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. Such offstreet loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet (10 ) by forty-five feet (45 ), and such spaces or berths shall be provided in accordance with the following schedule: Square Feet of Minimum Required 86

87 Gross Floor Area In Structure Spaces or Berths 0 to 5,000 None 5,000 to 15, ,000 to 40, ,000 to 65, ,000 to 100,000 4 Each additional 50,000 1 additional 15-B. For Hotels, Office Buildings, Restaurants and Similar Establishments, Off-Street Loading Facilities Shall Be Provided In Accordance With the Following Schedule: Square Feet of Gross Floor Area In Structure Minimum Required Spaces or Berths 0 to 10,000 None 10,000 to 50, ,000 to 100, ,000 to 200,000 3 Each additional 200,000 1 additional 15-C. Trucks may not be parked on public streets, alleys, or adjacent private property for the purpose of receiving or loading merchandise, supplies or materials to or from a business entity. 15-D. Loading Docks must be located on the side or at the rear of a building. 87

88 SECTION 16: SIGN REGULATIONS City sign regulations are addressed in the City of Farmersville Sign Ordinance # , or its successor ordinance, if any. SECTION 17: FENCE AND WALL REGULATIONS In any residential district or along the common boundary between any residential and a nonresidential district where a wall, fence or screening separation is erected, the following standards for height and design shall be observed: 17-A. Height of Fence or Wall 1. Any fence or wall erected on the property line and located to the rear of the minimum required front yard line as determined by the provisions of SECTION 9, D shall not exceed eight feet (8 ) above the adjacent grade. 2. Any fence or wall erected on the property line or located between the front property line and minimum required front yard line as determined by the provisions of SECTION 9, D or within the minimum required front yard space shall not exceed four feet (4 ) in height above the adjacent grade. 3. No fence, screen wall, or other visual barrier shall be located or placed so that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersections. At all street intersections clear vision shall be maintained across the lot for a distance of fifteen feet (15 ) back from the property corner along both streets. 17-B. Screening Walls or Visual Barriers 1. Any screening wall or fence required under the provisions of SECTION 6, Planned Development District, shall be constructed of masonry or with a concrete or metal frame supporting a permanent type wall, the surface of which does not contain openings constituting more than forty (40) square inches in each one (1) square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height or screening characteristics to the wall or fence. 2. An screening wall or fence shall be a minimum of six foot (6 ) or maximum of eight foot (8 ) in height, of like material to that of the primary building, shall be required to enclose refuse containers in the O, NS, C, CA, GR, HC, I-1, I-2 and PD Districts. Open Storage is not allowed in any district, except in the Light Industrial Districts 1 and 2 where it shall be screened from the view of adjacent property or public right-ofway by a screening wall or fence, (minimum six foot (6 ) or maximum eight foot (8 ) in height), or by a building(s), except as specifically listed in SECTION 4. SECTION 18: CREATION OF BUILDING SITE 88

89 18-A. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions: (1) The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission and/or City Council and filed in the Plat Records of Collin County; (2) The site plot or tract that is all or part of a site plan officially approved by the City Council in a Planned Development District following recommendation by the Planning and Zoning Commission, which site plan shall provide all utility and drainage easements, alleys, streets, and other public improvements necessary to meet the normal requirements for platting, including the designation of building areas and such easements, alleys, and streets required and properly dedicated and necessary public improvements provided; (3) The plot, tract or lot faced upon a dedicated street and was separately owned prior to January 23, 1998 or prior to the annexation of the property to the City of Farmersville, whichever is applicable, in which event a Building Permit for only one main building or accessory building may be issued on each such original, separately owned parcel without first complying with Subparagraph No. (1) herein above. 18-B. Site plan review approval for Highway Commercial District Site plan approval shall be required for all property zoned Highway Commercial District in accordance with the following provisions: 1. The purpose of the site plan review is to ensure, prior to issuance of building permits that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, parking, loading and building regulations. 2. No building permit shall be issued on any tract of land for construction of new structures or any addition to a structure which affects its size, shape, or volume unless a site plan is first submitted for review by the Planning and Zoning Commission and approved by the City Council. A public hearing shall not be required. 3. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the City Council. 4. Any major revision to an approved site plan must be approved by the Planning and Zoning Commission then approved by Council; however, minor revisions may be permitted upon approval by the City Manager or designee. 5. The site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, access routes adjacent zoning and structures, streets and alleys, together with a parking plan and landscape plan showing the arrangements and provisions for offstreet parking, and the layout of plating materials. An architectural rendering of proposed buildings shall be submitted with the site plan for consideration of approval. 89

90 6. All site plans shall be filed with and reviewed by the City Manager or designee for compliance with this section before presentation to the Planning and Zoning Commission and City Council. 7. An approved site plan shall be the final plan for development, and construction shall conform to the approved plan. A final site plan may be submitted for the total area zoned or any portion thereof. 18-C. The site plot or tract that is all or part of a site plan officially approved by the City Council in a Planned Development District following recommendation by the Planning and Zoning Commission, shall provide all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting, including the designation of building areas and such easements, alleys and streets required and properly dedicated and necessary public improvements provided. 18-D. The plot, tract or lot faced upon a dedicated street and was separately owned prior to January 23, 1998 or prior to the annexation to the City of Farmersville, whichever is applicable, in which event a Building Permit for only one main building accessory building may be issued on each such original, separately owned parcel without first complying with SECTION 18, A. SECTION 19: PLATTING PROPERTY NOT PERMANENTLY ZONED 19-A. The Planning and Zoning Commission of the City of Farmersville shall not approve any plat of any subdivision within the city limits of the City of Farmersville until the area covered by the proposed plat shall have been permanently zoned by the City Council of the City of Farmersville. 19-B. The Planning and Zoning Commission of the City of Farmersville shall not approve any plat of any subdivision within any area where a petition for annexation or a recommendation for annexation by the City of Farmersville is pending before the City Council. A subdivision plat may be considered by the Planning and Zoning Commission after annexation has been approved by ordinance of the City Council. 19-C. In the event the Planning and Zoning Commission holds a hearing on a proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can, if desired, act on the matter of permanent zoning and annexation at the same time. SECTION 20: NONCONFORMING USES AND STRUCTURES 20-A. A nonconforming status shall exist under the following provisions of this Ordinance. 90

91 1. When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to 16 June 1970, and has been operating since without discontinuance. 2. When on the effective date of this Ordinance, the use or structure was in existence within the provisions of the prior Zoning Ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located. 3. When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Farmersville and has since been in regular and continuous use. 20-B. Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the nonconforming use. The Building Official may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restrictive classification. It shall not later be changed to a less restrictive classification of use and the prior, less restrictive classification shall be considered to have been abandoned. 20-C. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming structure, not exceeding fifty percent (50%) of its reasonable value, reconstruction will be permitted but the size or function of a nonconforming use therein cannot be expanded. Conversely, if a residential structure which was in existence within the provisions of prior zoning district regulations, which does not now conform to the regulations herein prescribed for Highway Commercial Zoning, is destroyed in above described manner, it shall be allowed to be rebuilt. (Ord # , ) 20-D. No nonconforming use may be expanded or increased beyond the platted lot or tract upon which such nonconforming use is located nor may a nonconforming junk yard or trailer park be expanded by covering more area than it did as of the effective date of this ordinance, except to provide off-street parking or off-street loading space upon approval of the Board of Adjustment. Conversely a residential structure which was in existence within the provisions of prior zoning district regulations, which does not now conform to the regulations herein prescribed for Highway Commercial Zoning, shall be allowed to expand. (Ord # , ) 20-E. When a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformance to this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for, a period of six (6) months shall be considered to have been abandoned. 20-F. Termination of Nonconforming Uses 91

92 1. It is the purpose of the Zoning Ordinance that nonconforming uses be eliminated and be required to comply with the regulations of the codes and ordinances of the City of Farmersville, having due regard for the property rights of the persons affected, the public welfare, and the character of the surrounding area. 2. Amortization of Nonconforming Uses a. Any person who resides or owns real property in the City may request that the Board of Adjustment establish a compliance date for a nonconforming use. Upon receiving such a request, the Board shall determine whether there is a public necessity for expedited compliance with the zoning regulations. In doing so, the Board shall consider the character of the surrounding neighborhood, the degree of incompatibility of the use to the zoning district in which it is located and the effect of the nonconforming use on the surrounding area and the effect of its cessation on that area. b. The Board shall provide a compliance date for the nonconforming use under a plan whereby the owner s actual investment in the use, before the time the use became nonconforming, can be amortized within a definite time period. c. The following factors must be considered by the Board in determining a reasonable amortization period: (1.) The owner s capital investment in structures. Fixed equipment and other assets, excluding inventory and other assets that may be feasibly transferred to another site, on the property before the time the use became nonconforming. (2.) Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses, relocation expenses, and termination of leases. (3.) Any return on investment since inception of the use, including net income and depreciation. (4.) The anticipated annual recovery of investment, including net income and depreciation. d. If the Board establishes a compliance date for a nonconforming use, the use must cease operations on that date, and it may not operate thereafter unless it becomes a conforming use. e. For purposes of this section, owner means the owner of the nonconforming use at the time of the Board s determination of a compliance date for the nonconforming use. SECTION 21: BOARD OF ADJUSTMENT 21-A. Organization 92

93 The City of Farmersville, being a Type A general law municipality of the State of Texas, the City Council members are hereby granted the authority to act as a Board of Adjustment under Chapter 211 of the Local Government Code. (# ) 21-B. Procedure The Board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Ordinance or Statutes of the State of Texas. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. 21-C. Appeals 1. Appeals to the Board of Adjustment can be taken by any person aggrieved, or by an officer, department, or board of the municipality affected, by a decision of the Building Official under this ordinance. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the Building Official, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 2. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of real property located within two hundred feet (200 ) of the property to which the appeal applies and by publishing notice of such hearing in a newspaper of general circulation in the City of Farmersville. Both the posted and published notice shall be given at least ten (10) days prior to the date set for the hearing. At the hearing, any party may appear in person or by attorney or by agent. 21-D. Jurisdiction When in its judgement, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to 93

94 appropriate conditions and safeguards, authorize the following special exception to the regulations herein established. 1. Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use of the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use. 2. Permit such modifications of the height, yard, area, coverage, and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. 3. Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The Board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City. 4. To bring about the discontinuance of a nonconforming use under a plan whereby the owner s actual investment in the structures on the property prior to the time that the use became nonconforming can be amortized within a definite time period. 21-E. Actions of the Board 1. In exercising its powers, the Board may, in conformity with the provisions of Ch 211, Local Government Code, as amended, revise or reform, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decisions, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant. 2. The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirements, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variance in said Ordinance. 94

95 3. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any tax payer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board and not thereafter. SECTION 22: CERTIFICATE OF OCCUPANCY AND COMPLIANCE FOR SPECIFIC USE PERMITS, PLANNED DEVELOPMENT AND NONCONFORMING USES 22-A. No building or land shall be used or occupied for any use or purpose for which a Specific Use Permit or Planned Development has been granted nor shall a nonconforming use be changed to another nonconforming use without first obtaining a Certificate of Occupancy and Compliance from the Building Official. 22-B. A record issued shall be maintained by the Building Official of all Certificates of Occupancy issued by the Building Official and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building covered by a Specific Use Permit, Planned Development or Nonconforming Use. 95

96 SECTION 23: COMPLETION OF BUILDING UNDER CONSTRUCTION Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this Ordinance, which entire building shall be completed within one (1) year from the date of the passage of this Ordinance. SECTION 24: AMENDMENTS 24-A. Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the provisions of this Ordinance, or the Planning and Zoning Commission may on its own motion or on request from the City Council institute study and proposal for changes and amendments in the public interest. 24-B. Procedure 1. The City Council may from time to time amend, supplement, or change by Ordinance the boundaries of the districts or the regulations herein established as provided by the Statutes of the State of Texas. 2. Before taking action on any proposed amendments, supplement, or change, the governing body shall submit the same to the Planning and Zoning Commission for its recommendation and report. If the Commission recommends that an amendment be denied, City Council will not hear the request unless the applicant requests Council consideration in writing within ten days of the recommendation. 3. The Planning and Zoning Commission shall hold a public hearing on any application for any amendment 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 or change shall be mailed to all owners of real property as the ownership appears on the last approved City tax roll, lying within two hundred feet (200 ) of the property on which the change is requested. Such notice shall be given no less than ten (10) days before the date set for hearing. Notice of such hearing shall also be given by publication in the official publication of the City of Farmersville, stating the time and place of such hearing, which time shall not be earlier than four (4) days from the date of publication. Notice of the Planning and Zoning Commission public hearing may be combined with the notice of the governing body s public hearing, if time permits. 4. A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in the official publication of the City of Farmersville stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. Governing body s hearing must be within 60 days of P&Z s recommendation. 5. Unless a proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and 96

97 acknowledged by the owners of twenty percent (20%) or more of the area of the lots or land included in such a proposed change, or those immediately adjoining the area and extending two hundred feet (200 ) therefrom or of those directly opposite thereto extending two hundred feet (200 ) from the area, such amendment shall not become effective except by a three-fourths vote of all the members of the governing body. 6. The applicant requesting a proposed amendment must submit a legal description of the property on which change is requested. SECTION 25: PENALTY FOR VIOLATIONS 25-A. That any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmersville, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 25-B. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning a property in any district, where such property owner may be affected or invaded by a violation of the terms of the Ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owner. SECTION 26: PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless such use falls specifically within a use district where the actual use is a conforming use where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this Zoning Ordinance was adopted, shall be discharged or affected. 97

98 SECTION 27: VALIDITY If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provisions thereof than the part so decided to be invalid or unconstitutional. SECTION 28: REPEALER All ordinances in conflict herewith are hereby repealed. SECTION 29: EFFECTIVE DATE This Ordinance shall become effective on the 10th day of February 2004, after publication of the caption, as the law in such cases provides. George G. Crump, Mayor ATTEST: Linda Aaron, City Secretary 98

99 APPENDIX LIST OF ILLUSTRATIONS Appendix Illustrations 1. Lot Width... a 2. Lot Depth... a 3. Yards... a 4. Corner Lot... b 5. Method Of Measuring Front Yard... b 6. Double Frontage Lots... c 7. Front Yard Where Zoning Changes In A Block... c 8. Interpretation Average Front Yard Where Yard Depth Varies... d 9. Special Apartment Side Yard And Spacing Standards... d 10. Floor Area Ratio... e 11. Set Back Standards High Rise Apartment And Similar Structures... e Side Yard Standards Attached Single Family Dwellings 99

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