CHAPTER 14

ZONING

   ARTICLE 14.01 GENERAL PROVISIONS

   (Reserved)

   ARTICLE 14.02 ZONING ORDINANCE

   Sec. 14.02.001     Adopted

The comprehensive zoning ordinance, Ordinance 01-819, adopted by the city on November 20, 2001, as revised by Ordinance 16-65, adopted December 6, 2016, is included in this exhibit. Due to the nature of the zoning ordinance and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. Amendments subsequent to Ordinance 16-65 will be inserted in their proper place and denoted by a history note following the amended provisions. The absence of a history note indicates the material is unchanged from the original. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets. (Editorially supplied)

   EXHIBIT A

ZONING ORDINANCE

CITY OF GRANBURY ZONING ORDINANCE

November 20, 2001

Ordinance #01-819

Revised December 6, 2016

(Ordinance #16-65)

   Article 1 - General Provisions

   Section 1.1     Purpose

The zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to insure adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with the Comprehensive Plan.

   Section 1.2     Zoning District Map

The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city, adopted as part of this ordinance as fully as if the same were set forth herein in detail.

   1.2.A     Original Zoning District Map

One original of the Zoning District Map shall be filed in the office of the Director of Community Development. This copy shall be the official Zoning District Map and shall bear the signature of the Mayor and attestation of the City Secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

   1.2.B     Additional Copies

An additional copy of the original Zoning District Map shall be placed in the office of the Chief Building Official. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments and shall be identified as the official zoning map. Reproductions for informational purposes may be made of the official Zoning District Map.

   Section 1.3     Zoning District Boundaries

The district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

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

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

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

4.     Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

5.     Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, lakes, or other bodies of water shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.

6.     Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

7.     Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district 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 areas so involved shall then and henceforth be subject to all regulations of the extended districts.

8.     The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

9.     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 Subsections 1 through 8, the property shall be considered as classified “IH”, Interim Holding District, 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 1.6, Zoning Upon Annexation for temporarily zoned areas.

   Section 1.4     Compliance Required

All land, buildings, structures or appurtenances thereon located within the City of Granbury, Texas which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per Section 1.10 [Section 1.9], Penalties, of this ordinance.

   Section 1.5     Zoning Upon Annexation

All territory hereinafter annexed to the City of Granbury shall be classified as IH, Interim Holding District, until permanent zoning is established by the City Council of the City of Granbury. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure set forth in Section 2.3 of this Ordinance. In an Area Classified as “IH, Interim Holding District”, the following shall apply:

1.     No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Granbury without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Chief Building Official.

2.     No permit for the construction of a building or use of land shall be issued by the Chief Building Official other than a permit which will allow the construction of a building or use permitted in the IH, Interim Holding District, unless and until such territory has been classified in a zoning district other than the IH, Interim Holding District, by the City Council in the manner prescribed by law except as provided as follows.

a.     An application for a building permit for any proposed use other than those specified in paragraph 2 above must be made to the Chief Building Official of the City of Granbury within three (3) months after annexation and referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The applicant shall show that plans and other preparation for developing the property commenced prior to annexation by the City.

b.     The action and recommendation of each body concerning any such permit shall take into consideration the appropriate land use for the area.

c.     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 Certificate of Occupancy or may disapprove the application pending permanent zoning.

(Ordinance 16-65 adopted 12/6/16)

   Section 1.6     Platting Property Not Permanently Zoned

The Planning and Zoning Commission of the City of Granbury shall not approve any record plat of any subdivision within the City Limits of the City of Granbury until the area covered by the proposed record plat shall have been permanently zoned by the City Council of the City of Granbury. A record plat may be approved on land with the IH, Interim Holding District designation if the proposed use of the property is determined to be the temporary use of the property.

1.     The Planning and Zoning Commission of the City of Granbury shall not approve any record plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Granbury is pending before the City Council unless and until such annexation shall have been approved by ordinance of City Council.

2.     Refer to the Subdivision Ordinance for platting requirements within the city limits and its extraterritorial jurisdiction.

(Ordinance 20-11 adopted 2/4/20)

   Section 1.7     Creation Of Building Site

1.     No building hereafter erected, converted or structurally altered shall be used or occupied until a Certificate of Occupancy has been issued by the Chief Building Official which signifies compliance with the appropriate Zoning District.

2.     No building permit for any new building, expansion of any building or Certificate of Occupancy shall be issued for the proposed new construction or use until the entire lot or tract is fully contained within the appropriate zoning district boundary (except as provided for in Section 3.1 of the Zoning Ordinance contained herein for the continuation of a legal nonconforming use).

3.     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:

a.     The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission, and filed in the Plat Records of Hood County, Texas as may be applicable by location of property.

b.     The plat, tract, or lot faces upon a dedicated street and was separately owned prior to annexation to the City of Granbury, in which event a building permit for only one main building conforming to all the requirements of this Ordinance may be issued on each such original separately owned parcel without first complying with paragraph 1. preceding.

c.     The plat or tract is all or part of a site plan officially approved by the City Council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.

   Section 1.8     Classification of New & Unlisted Uses

It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City of Granbury. 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 Community Development Director or his/her designee 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, 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 after a public hearing, determine the zoning district or districts within which such use is most similar and 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 follow the same procedures as outlined in Section 2.3, including public notice and hearing requirements, when considering any zoning classification for a new or unlisted use.

   Section 1.9     Penalties
   1.9.A     Pending Litigation and Violations

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 the existing zoning ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

   1.9.B     Penalty for Violations

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined, upon conviction, not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

The City shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph or part of this Ordinance; such right for injunctive relief shall exist independent of the other penalty provision of this Ordinance and not in lieu thereof. The right for injunctive relief is essential to the City that it maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well-being of the citizens and halting any attempt on the part of any person, firm or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this Ordinance.

   1.9.C     Severable

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

   1.9.D     Publication

The caption of this Ordinance shall be published in accordance with the City Charter of the City of Granbury, Texas and shall be effective immediately upon its passage and such publication.

(Ordinance 16-65 adopted 12/6/16)

   Section 1.10     Certificates Of Occupancy & Compliance
   1.10.A     Certificate of Occupancy (C.O.)

A nonresidential use, or change of use of a nonresidential building or non-residential land shall not take place until a Certificate of Occupancy (C. O.) shall have been issued by the Chief Building Official. A fee shall be charged for a Certificate of Occupancy in accordance with the fee schedule adopted under the city's Master Fee Schedule. Certificates of Occupancy shall be required for any of the following: (Ordinance 20-53 adopted 10/6/20)

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

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

3.     Change in the use of land to a use of a different classification;

4.     Change in occupancy within a building; or

5.     Intensification of a use within a building.

   1.10.B     Procedure for New or Altered Buildings

Written application for a Certificate of Occupancy for a new nonresidential building or for an existing nonresidential building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued after the Chief Building Official orders the building or structure inspected and finds no violations of the provisions of this ordinance or other regulations. Said Certificate shall be issued by the Chief Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.

   1.10.C     Procedure for Vacant Land or a Change in Building Use

Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to said Chief Building Official or his agent. If the proposed use is a conforming use, as herein provided, written application shall be made to said Chief Building Official. If the proposed use is found to be in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the Chief Building Official.

   1.10.D     Contents

Every Certificate of Occupancy shall contain the following:

1.     building permit number;

2.     the address of the building;

3.     the name and address of the owner;

4.     a description of that portion of the building for which the Certificate is issued;

5.     a statement that the described portion of the building has been inspected for compliance with the requirements of the Uniform Building Code, group and division of occupancy; and

6.     the name of the Chief Building Official.

   1.10.E     Posting

The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Chief Building Official or his authorized agent.

   1.10.F     Revocation

The Chief Building Official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this ordinance or the most current adopted ordinances.

   1.10.G     Additional Types of Certificate of Occupancies and Compliance

1.     “Certificate of Occupancy - Temporary” - If the Chief Building Official or his agents find that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary Certificate of Occupancy may be issued for a period not to exceed six (6) months, for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Such temporary Certificate shall not be construed as in any way altering the respective rights, duties, or other obligations of the owners/tenants relating to the use or occupancy of the premises or any other provision of this Ordinance.

2.     “Certificate of Occupancy - Nonconforming” - The owner or occupant of the nonconformity shall register the nonconformity with the Chief Building Official within three months after the time it becomes nonconforming. Registration shall be confirmed by the issuance of a “Certificate of Occupancy - Nonconforming,” which shall state specifically how the nonconformity was created and how it does not comply with the provisions of this Ordinance or other applicable ordinances. Failure to make such application within three months after the nonconformity arises shall be presumptive evidence that the nonconformity is illegal and in violation of this Ordinance.

(Ordinance 16-65 adopted 12/6/16)

3.     “Certificate of Occupancy - Re-Occupancy” - A change in party or parties occupying a building or a lease space, whereby a change of use or intensification of use is not occurring, and a Certificate of Occupancy is not required under Section 1.10.A. A re-occupancy of the land or building shall not take place until a ‘Certificate of Occupancy - Re-Occupancy' has been issued by the Chief Building Official with the approval of the City Health Inspector and City Fire Inspector. A fee shall be charged for a Certificate of Occupancy - Re-Occupancy in accordance with the fee schedule adopted under the city's Master Fee Schedule. Certificates of Occupancy - Re-Occupancy shall be required for any of the following: (Ordinance 20-53 adopted 10/6/20)

a.     Change in tenant;

b.     Change in lessee/management;

c.     Change in business;

d.     Change in party or entity occupying a building or portion of a building;

e.     Change in interior building layout whereby plumbing, mechanical, electrical or food related apparatuses are modified or relocated.

The Building Official shall determine if a Certificate of Occupancy - Re-Occupancy is required based on the proposed change. If a change occurred to warrant a Certificate of Occupancy - Re-Occupancy, the existing Certificate of Occupancy shall be deemed revoked until such time as necessary improvements or inspections have been made and a Certificate of Occupancy - Re-Occupancy has been issued.

   Article 2 - Administration

   Section 2.1     Board of Adjustment
   2.1.A     Creation

There is hereby created a Board of Adjustment to be composed of five (5) members and two (2) alternate members who shall be residents and qualified voters of the City of Granbury and shall serve without compensation.

   2.1.B     Members & Terms Of Office

The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members who shall be appointed by the City Council in accordance with the following:

1.     The members shall serve for a period of two (2) years and until their successors are duly appointed and qualified. The regular members of the board shall be identified by place numbers 1 through 5. Places 1, 3 and 5 and the first alternate member shall be appointed to serve for two-year terms beginning on November 1 of odd-numbered years. Places 2, 4 and the second alternate member shall be appointed to serve for two-year terms beginning on November 1 of even-numbered years.

2.     All members will be appointed by a majority vote of the City Council. Members may be removed by a majority vote of the members of the City Council, for cause on a written charge after a public hearing. Board members may be appointed to succeed themselves.

3.     Vacancies shall be filled by an alternate member for the unexpired term of a member whose term becomes vacant. Any member absent for two (2) regular consecutive meetings shall be deemed to have vacated such office unless such absences were:

1.     due to sickness of the member or the member's family

2.     with leave being first obtained from the Chairman. Vacancies of an alternate member shall be filled by appointment of the City Council by majority vote.

4.     Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. The members of the Board shall regularly attend meetings and public hearings of the Board.

   2.1.C     Authority of Board

The Board of Adjustment shall have the authority, subject to the standards established in Section 211.009 of the Texas Local Government Code, as amended, and those established herein, to exercise the following powers and perform the following duties:

1.     Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance; and

2.     Hear and decide special exceptions to the terms of this ordinance when it requires the Board to do so; and

3.     Inquire into, on its own motion or upon cause presented by interested persons, the abatement, vacation, demolition, removal, expansion, extension, resumption, repair, reconstruction, of, other action permitted by Section 3.1, of a nonconformity.

4.     Authorize in specific cases a variance from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done.

5.     In exercising its authority under “1” above, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.

6.     The concurring vote of four (4) members of the Board is necessary to:

a.     Reverse an order, requirement, decision, or determination of an administrative official;

b.     Decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinance; or

c.     Authorize a variation from the terms of this ordinance.

(Ordinance 16-65 adopted 12/6/16)

   2.1.D     Limitations on Authority of Board

1.     The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.

2.     The Board shall have no power to grant or modify specific use permits authorized under Section 11.1, Specific Uses, of these regulations.

3.     Although action may be effected by the Board, a variance or special exception for any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat, Final Plat, or Zoning Amendment, where required, has not been finally acted upon by both the Planning and Zoning Commission and, where required, by the City Council, will not be deemed to be granted until said final action has been completed. All administrative remedies available to the applicant shall have been exhausted prior to a hearing by the Zoning Board of Adjustment. The Board shall have no power to grant a zoning amendment.

(Ordinance 17-69 adopted 10/2/17)

   2.1.E     Variances

1.     In order to grant a variance from these zoning regulations, the Board of Adjustment must make written findings that the variance creates undue hardship, using the following criteria:

a.     That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;

b.     That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;

c.     That the relief sought will not injure the permitted use of adjacent conforming property; and

d.     That the granting of a variance will be in harmony with the spirit and purpose of these regulations.

2.     A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.

3.     The applicant bears the burden of proof in establishing the facts justifying a variance.

4.     Any variance authorized by the Board, either under the provisions of the Zoning Ordinance, or under the authority granted to the Board under the Statutes of the State, shall authorize the issuance of a building permit, Certificate of Occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the Board, unless said Board in its minutes shall, at the same time, grant a longer period.

5.     If a building permit or a certificate of occupancy shall not have been applied for or issued within a ninety-day period or as the Board may specifically grant, the variance shall be deemed waived; and all rights thereunder terminated. The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown.

   2.1.F     Special Exceptions

1.     The Zoning Board of Adjustment shall have the authority to hear and allow special exceptions for buildings and only when the use is conforming.

2.     In granting a special exception, the Zoning Board of Adjustment shall not authorize uses that are not allowed under the terms of this ordinance for the respective district.

3.     A proof of hardship is not required for granting a special exception.

4.     The following may be permitted as Special Exceptions by the Board subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose for protection of public health or safety.

5.     Any special exception authorized by the Board, either under the provisions of the Zoning Ordinance, or under the authority granted to the Board under the Statutes of the State, shall authorize the issuance of a building permit, Certificate of Occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the Board, unless said Board in its minutes shall, at the same time, grant a longer period.

6.     If a building permit or a certificate of occupancy shall not have been applied for or issued within a ninety-day period or as the Board may specifically grant, the special exception shall be deemed waived; and all rights thereunder terminated. The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown.

Description

Permitted District

Antenna Facilities: Relief from any regulation as provided in Section 9.2.G [Section 9.2.H], Wireless Special Exception

All districts, see Article 9, Wireless Antenna Facilities Regulations

Illumination: The following illumination sources shall require a special exception: laser source lights, searchlights, floodlights, halogen lights, and uplighting of displays

All nonresidential districts and nonresidential uses located in residential districts, and including the MF district

Parking Lot Poles: Additional height for parking lot poles

All districts, see Section 10.1.E, Nonresidential Illumination

Exterior Building Materials, Roof and Articulation Standards: Relief from Section 11.7

All districts, except inside of the HPO (Historic Preservation Overlay) and where a C. of A. has been issued by the Historic Commission

Enclosed Off-Street Parking: Relief from Section 11.2.A.4, Off-Street Parking

RE, R-12, R-10, R-8.4, R-7, MD-1, PH and TH

Improved Hard Surface: Relief from Section 11.2.A.11, Parking & Maneuvering Surface Material Requirements

All districts

Accessory Buildings: Additional Size and Height

All residential districts: RE, R-12, R-10, R-8.4, R-7, MD-1, PH, TH, MF and MH

Scaffolding, Towers, Mechanical Equipment, and other structures used in the application of the industrial use: Additional Height

Industrial district only: I

Exterior Construction Materials for Refuse Facilities

All districts

Exterior Construction Materials for Monument Signs

All districts

   2.1.G     Procedures

1.     Application and Fee - An application for granting a variance or special exception by the Board of Adjustment, other than an appeal, shall be in writing using forms provided by the City and shall be accompanied by a fee. The application for a special exception shall be the same as for a zoning variance.

2.     Notice and Hearing - The Board of Adjustment shall hold a public hearing no later than 45 days after the date the application for action or an appeal from a zoning administration decision is filed on each such application or appeal. Notice of a public hearing shall be provided to all property owners within two hundred (200) feet of the affected property ten (10) days prior to the public hearing and also published in the official local newspaper.

   2.1.H     Appeals

1.     An appeal may be taken from the decision of an administrative official by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or bureau of the municipality affected by the decision.

2.     The appellant must file with the Board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the decision has been rendered. The official against whom the appeal is taken shall immediately forthwith transmit to the Board all papers constituting the record of the action that is appealed.

3.     An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.

4.     The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. The appellant party may appear at the appeal hearing in person or by agent or attorney.

   2.1.I     Judicial Review

Any person or persons, jointly or severally, aggrieved by a decision of the Board of Adjustment, or any taxpayer, or any officer, department, or Board of the City may present to a court of record a petition, duly verified, setting forth that such decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the Board's office.

If a decision of denial has been rendered by the Board of Adjustment, their shall be a six (6) month holding period before any new application may be filed for consideration by the Board of Adjustment for the same request.

State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government Code, sec. 211.008 et seq.

   Section 2.2     Planning and Zoning Commission
   2.2.A     Creation of Planning and Zoning Commission

There shall be established a Planning and Zoning Commission which shall consist of eight (8) citizens from the City of Granbury and such alternate members as the City Council in its discretion shall determine to be appropriate. The members of said commission shall be appointed by the City Council for a term of two (2) years. The initial appointment of the Planning and Zoning Commission members by the Council shall designate which members shall serve two (2) years and which members shall serve one (1) year and on each succeeding year thereafter, the council shall select replacements for the Planning and Zoning Commission members whose terms have expired. The commission shall elect a chairman and a vice-chairman from among its members and shall meet not less than once each month. Said chairman shall not vote except in the case of a tie, or to allow for a quorum action. Vacancies and unexpired terms shall be appointed by the Council for the remainder of the term. A majority of the members shall constitute a quorum, and the affirmative majority vote of the quorum shall be necessary for the passage of any recommendation to the City Council. Members of the commission may be removed at the discretion of the Council at any time.

   2.2.B     Organization

The commission shall keep minutes of its proceedings which shall be of public record. The commission shall serve without compensation. Each candidate for an appointment as a member of the Planning and Zoning Commission shall meet the following requirements:

1.     Shall be a registered voter of the city;

2.     Shall have resided for at least twelve (12) months preceding his appointment within the corporate limits of the city, including territory annexed prior to his appointment;

3.     Shall not be in arrears in the payment of any taxes or other liabilities due the City. “In arrears” is defined herein to mean that payment has not been received within ninety (90) days from due date.

In addition to any other qualifications prescribed by law, each member of the Planning and Zoning Commission shall continue to meet the conditions of Section 2.2, Planning and Zoning Commission, while in office, and shall reside within the City while in office.

   2.2.C     Powers and Duties

The Planning and Zoning Commission is hereby authorized to:

1.     Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City.

2.     Recommend to the city council approval or disapproval of proposed changes in this Ordinance and the zoning map;

3.     Formulate and recommend to the City Council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City.

4.     Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Title 7 of the Local Government Code, as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said Act are specifically adopted and made a part hereof.

5.     Recommend to the City Council approval or disapproval of plans, plats or replats. The final approval or disapproval of plans, plats or replats shall be made by the City Council. Exercise all other powers of a commission as to approval or disapproval of plans, plats or replats set out in Title 7 of the Local Government Code.

6.     Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.

7.     Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the city.

8.     Initiate, in the name of the city, for consideration at public hearing all proposals: (a) for the opening, vacating or closing of public rights-of-way, parks or other public places; (b) for the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the city.

9.     Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.

10.     Recommend to the City Council approval or disapproval of special use permit requests.

   2.2.D     Public Hearings

The Planning and Zoning Commission is authorized to conduct public hearings jointly with the City Council or separately as a Commission as deemed necessary.

State law reference–Zoning commission, V.T.C.A., Local Government Code, sec. 211.007.

   Section 2.3     Amendments
   2.3.A     Authority to Amend Ordinance

The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any Zoning Ordinance or Zoning District boundary amendment may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property. In no case shall the City Council act upon any zoning request prior to recommendation by the Planning and Zoning Commission.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning and Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit written proof of ownership.

Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance or the Zoning Map shall be made in writing and filed on a form suitable to the Director of Community Development and shall be accompanied by payment of the appropriate fee as established by the City of Granbury, Texas.

   2.3.B     Public Hearing & Notice

Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing on each application. Before the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of real property within two hundred feet (200') of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, property addressed with postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior to the public hearing in the official newspaper of the City. Changes in the ordinance text which do not change zoning regulations and/or zoning district boundaries do not require written notification to individual property owners.

   2.3.C     Failure To Appear

The Planning and Zoning Commission or City Council may recommend denial of a zoning application if the applicant or representative fails to appear at one (1) or more hearings before the Planning and Zoning Commission.

(Ordinance 16-65 adopted 12/6/16)

   2.3.D     Commission Consideration & Report

The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Plan and adopted facility design standards. The Planning and Zoning Commission may defer its report for not more than ninety (90) days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Planning and Zoning Commission shall consider the following factors:

1.     Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and the relationship of the uses to the general area and the City as a whole.

2.     Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.

3.     The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.

4.     The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

5.     How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

6.     Any other factors which will substantially affect the health, safety, morals, or general welfare.

(Ordinance 20-11 adopted 2/4/20)

7.     If the Planning and Zoning Commission denies the zoning request, it may offer reasons to the applicant for the denial.

   2.3.E     City Council Consideration

1.     Proposal Recommended for Approval by the Commission: Every proposal which is recommended favorably by the Planning and Zoning Commission shall be automatically forwarded to the City Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for it and its publication as required by law.

2.     Proposal Recommended for Denial by the Commission: When the Planning and Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the City Council that the proposal be denied and notify the applicant.

3.     Proposals Recommended for Denial by Council: When a proposed zoning request is heard by the City Council that has been recommended for denial by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval.

4.     A proposed zoning request “denied” by the City Council shall be automatically deemed denied “with prejudice” and shall not be filed or resubmitted to the City for six (6) months from the original date of denial.

5.     The City Council may elect, in its motion, to deny a proposed zoning request “without prejudice.” The same or similar request may be resubmitted at any time for reconsideration by the City (a new filing Fee must accompany the request).

   2.3.F     Three-Fourths Vote Required

If a protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots or land adjoining the area covered by the proposed change and extending two hundred feet (200') therefrom, such amendments shall not become effective except by the affirmative vote of three fourths (3/4) of all members of the City Council. In computing the land area above, the area of streets and alleys shall be included.

   2.3.G     Final Approval & Ordinance Adoption

Upon submittal of the zoning request by the City Council, the applicant shall submit a metes and bounds description of the boundaries of the zoning request and a metes and bounds description of any zone contained therein, to the City for the preparation of the amending ordinance. The amending ordinance shall be approved at the time the City Council approves the request as submitted or as modified. The amending ordinance will not be approved until a correct property description has been prepared for the amending ordinance.

State law reference–Procedures governing adoption of zoning regulations and district boundaries, V.T.C.A., Local Government Code, sec. 211.006.

   Article 3 - Nonconformities

   Section 3.1     Nonconforming Uses & Structures
   3.1.A     Purpose and Intent

A building, lot of record, use of land or a building, method or requirement for development, or other such use or structure that was lawful when commenced but which are contrary to the regulations set forth in the Zoning Ordinance because of future amendments to the Zoning Ordinance, annexation into the City, or eminent domain. Such nonconformities are deemed to be incompatible with permitted uses and structures in the applicable zoning district and are contrary to the stated purposes of this Ordinance. With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconformities be eliminated and be required to conform to the regulations in this Ordinance. Notwithstanding the above, such nonconformities may be continued subject to the conditions and limitations set forth in this Ordinance.

   3.1.B     Nonconforming Lots of Record

Buildings or other structures may be erected on a nonconforming single lot of record, provided such lot has access from a street in accordance with the subdivision ordinance or other applicable ordinances. This provision shall apply even though such lot fails to meet the minimum requirements for area, width, depth, or other requirements for lots set forth in the applicable zoning district regulations; however, all other provisions of the applicable zoning district regulations shall apply. Any building or structure constructed on a nonconforming lot of record shall meet all development regulations in the zoning district unless the Zoning Board of Adjustment grants a variance(s). No building or structure shall be constructed on multiple lots. Whenever construction is desired on multiple lots, the property owner or the property owner's agent shall replat the property into a single lot.

   3.1.C     Nonconforming Uses of Land

A nonconforming use of land may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.     Alteration in Size of Nonconforming Use. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time it became nonconforming.

2.     Moving a Nonconforming Use. No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the time it became nonconforming.

3.     Exceptions. A nonconforming use of land may be expanded or extended to provide off-street loading or off-street parking space facilities.

4.     Intensification of Nonconforming Use. A nonconforming use of land may not be intensified from the date at which it became nonconforming. Evidence of the intensification of the use of the land includes, but is not limited to:

a.     Adding new building or structures or expanding existing buildings or structures on the land;

b.     Adding any equipment on the land;

c.     Adding impervious cover on the land;

d.     Adding any physical or tangible improvement to the land;

e.     Adding additional merchandise, vehicles or equipment for display on the land, or;

f.     Adding additional merchandise, vehicles or equipment for operation from, on or off of the land.

   3.1.D     Nonconforming Buildings

A nonconforming building may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.     Alteration in Size of Building. No such nonconforming building may be enlarged, extended, reconstructed, repaired, or altered in a way that increases its nonconformity, but any building or portion thereof may be repaired or altered to decrease its nonconformity or to comply with city building codes;

2.     Moving a Nonconforming Building. Should a nonconforming building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.

   3.1.E     Nonconforming Uses of Buildings

A nonconforming use of a building may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.     Alteration in Size of Nonconforming Use of Building. A nonconforming use of a building shall not be enlarged, extended, or altered and no occupancy of additional buildings or land by a nonconforming use shall be permitted.

2.     Moving a Nonconforming Use. No such nonconforming use of a building shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the time it became nonconforming.

3.     Exceptions. A nonconforming use of a building may be extended throughout any parts of the building that were manifestly arranged or designed for such use at the time it became nonconforming, but only if:

a.     No structural alterations, except those required by law or ordinance, are made;

b.     No nonconforming use of the building is extended to occupy any land outside the building as it existed at the time it became nonconforming; and

c.     No additional dwelling units are added when the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located.

   3.1.F     Additional Limitations and Provisions

1.     Change to a Conforming Structure or Use. Any nonconformity may be changed to a conforming structure or use, and once such change is made, the structure or use shall not thereafter be changed back to a nonconforming structure or use.

2.     Accessory Structure or Use. No nonconforming accessory structure or use shall continue after the principal structure or use shall have ceased or terminated unless the accessory structure or use shall thereafter conform to the provisions of the zoning district in which it is located.

3.     Structure or Use Already Permitted. Nothing contained in this section shall require any change in the plans, construction, or designated use of a structure or use for which a building permit was lawfully issued no more than six months prior to the date the structure or use became nonconforming, provided, that such construction shall have been started at the time such structure or use became nonconforming and shall have been diligently prosecuted to completion.

4.     Expansion of Nonconforming Use upon Approval of ZBA. The Zoning Board of Adjustment may permit an expansion of a nonconforming use not to exceed 25 percent of the existing area of the use or structure actually being occupied by the nonconformity, subject to the development regulations applicable in the zoning district, provided that no structures are constructed that are not allowed in the existing zoning district and provided the Board finds that the proposed use will be compatible with the surrounding area, will comport with the intent of the Comprehensive Plan, will not have a harmful effect on surrounding land uses, will not adversely affect the health, safety, and welfare of the citizens, and will not damage surrounding property values or the character of surrounding neighborhoods.

5.     Change to Other Nonconforming Use upon Approval of ZBA. The Zoning Board of Adjustment may permit a nonconforming use to be changed to another nonconforming use permitted in the same zoning district as the existing nonconforming use, or in a more restricted zoning district, provided that no structures are constructed that are not allowed in the existing zoning district and provided the Board finds that the proposed use will be compatible with the surrounding area, will comport with the intent of the Comprehensive Plan, will not have a harmful effect on surrounding land uses, will not adversely affect the health, safety, and welfare of the citizens, and will not damage surrounding property values or the character of surrounding neighborhoods. If a nonconforming use is changed upon approval of the Board, it shall not thereafter be changed back to the previous nonconforming use or another nonconforming use except upon approval of the Board.

6.     Special Exception Structure or Use. Any structure or use that is permitted as a special exception by the Zoning Board of Adjustment shall, upon its establishment, be considered a conforming structure or use in that district, provided that this regulation shall not be so interpreted as to waive any conditions placed on the special exception by the Zoning Board of Adjustment.

   3.1.G     Destruction of Nonconformity

1.     If a nonconformity is destroyed, damaged or deteriorated to the extent that the cost to reconstruct or rebuild such nonconformity exceeds 50 percent of its replacement cost, the nonconformity may not be reconstructed or rebuilt except to conform with the provisions of this Ordinance.

2.     Notwithstanding Subsection 1, above, the Zoning Board of Adjustment may, after a public hearing, authorize reconstruction or rebuilding when the destruction, damage, or deterioration amounts to fifty percent or more of the replacement cost of the structure at the time of destruction, damage, or deterioration. The Board shall consider, among other factors, the owner's property rights and the effect of such nonconformity on surrounding properties.

3.     If the owner of a nonconformity fails to begin reconstruction of the damaged, destroyed, or deteriorated structure (when permitted to do so by the terms of this section) within six months of the date of destruction, damage, or deterioration, or approval by the Zoning Board of Adjustment, the nonconformity shall be deemed to be discontinued or abandoned as provided in Section 3.1.H, below.

4.     Notwithstanding anything herein to the contrary, a nonconforming single-family residence which is damaged, destroyed, or deteriorated shall be permitted to be reconstructed without the approval of the Zoning Board of Adjustment regardless of the extent of damage, destruction, or deterioration, provided that the construction complies with all current building codes and is commenced within six months after the date of damage, destruction, or deterioration. The failure of the owner to start such reconstruction within six months shall forfeit the owner's right to restore or reconstruct the dwelling except in conformance with this Ordinance.

   3.1.H     Discontinuance or Abandonment

A nonconformity, when discontinued or abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Section. Discontinuance or abandonment shall be defined when:

1.     The owner or occupant ceases to use the nonconformity in the same bona fide manner as previously used for six consecutive months, regardless of whether the owner intended or consented to the cessation of such nonconformity. Evidence that a nonconformity is not used in the same bona fide manner may include, without limitation, the following:

a.     The structure becomes vacant;

b.     The use changes, is temporarily prohibited, or is moved from the premises;

c.     The equipment and furnishings are removed from the premises;

d.     Utility service to the premises is terminated;

e.     The ownership or occupancy changes;

f.     The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or

g.     The premises are dilapidated, substandard or not maintained in a suitable condition for occupancy.

2.     The owner or occupant of a nonconformity that is only on a seasonal basis ceases to use the nonconformity in the same bona fide manner as previously used during the season in which it is customarily used.

3.     A nonconformity is replaced with or reconstructed to become a conforming use or structure.

Upon evidence of hardship, the Zoning Board of Adjustment shall have the power to extend the time limits in subsection 1, above.

When a nonconformity is abandoned or discontinued, all nonconforming rights shall cease and the nonconformity shall thereafter conform to this Ordinance.

   3.1.I     Registration of Nonconformity

Registration of a nonconformity shall be required in strict accordance with Section 1.10.G.2 of this Ordinance.

   3.1.J     Amortization

The City Council may request that the Zoning Board of Adjustment establish a compliance date for discontinuance of a nonconformity in accordance with this Section.

In determining whether to initiate an amortization proceeding, the Zoning Board of Adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconformity to the zoning district in which it is located, the effect of the nonconformity on the surrounding area, the effect of cessation of the nonconformity on the area, any other danger or nuisance to the public caused by the nonconformity, and any other factors the Board considers relevant. If the Board determines that there is no public necessity for establishing a compliance date, the Board shall request that the City Council initiate rezoning of the property to bring the nonconformity into compliance with applicable zoning regulations.

Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.

The compliance date for discontinuance of a nonconformity shall be prescribed by the Board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconformity to give the property owner an opportunity to recover his investment from the time the nonconformity commenced, as allowed by law, the Board shall consider the following factors:

1.     The owner's capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;

2.     Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

3.     Any return on investment since inception of the nonconformity, including net income and depreciation;

4.     The anticipated annual recovery of investment, including net income and depreciation; and

5.     Any other factors allowed by law.

   Article 4 - Permitted Uses

   Section 4.1     Use of Buildings
   4.1.A     Uses Permitted by District

Land and buildings in each of the zoning districts may be used for any of the uses indicated in the City of Granbury use table. 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 as specified herein.

P

Permitted Use

S

Specific Use Permit

x

Prohibited Use

(Ordinance 16-65 adopted 12/6/16)

City of Granbury Use Table

P” Permitted Use,     “S” Specific Use Permit Required          “x” Prohibited

DISTRICTS

RESIDENTIAL

NONRESIDENTIAL

Supplemental Standards

Uses

IH

RE

R-12

R-10

R-8.4

R-7

MD-1

PH

TH

MF

MH

BC

LC

HC

I

CBD

RESIDENTIAL USES

Assisted Living

x

x

x

x

x

x

x

x

S

P

x

P

P

P

x

P

8

Caretaker/Guard Residence

P

S

S

S

S

S

S

S

S

S

x

S

x

S

S

x

1

Community Care Facility

x

P

P

P

P

P

P

P

P

P

P

P

P

P

x

x

1

Convalescent, Rest, Nursing Home

x

x

x

x

x

x

x

x

x

P

P

P

P

x

x

x

8

Dwelling, Apartments (Multifamily)

x

x

x

x

x

x

x

x

x

P

x

x

x

x

x

S

2, 8

Dwelling, Duplex

x

x

x

x

x

x

P

x

x

x

x

x

x

x

x

S

1, 25

Dwellings, Garage Apartment

P

P

P

x

x

x

x

x

x

x

x

x

x

x

x

P

 

Dwellings, Single-Family, Attached

x

x

x

x

x

x

P

x

P

x

x

x

x

x

x

S

1, 25

Dwellings, Single-Family, Detached

P

P

P

P

P

P

x

x

x

x

x

x

x

x

x

P

 

Dwellings, Single-Family, Zero Lot Line

x

x

x

x

x

x

x

P

P

x

x

x

x

x

x

S

1

Dwelling, Single-Family or Multi-Family Use with a CBD permitted Commercial use

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

 

Foster Family Home

P

P

P

P

P

P

P

P

P

P

P

P

P

P

x

P

8

Foster Group Home

x

S

S

S

S

S

S

S

S

x

x

P

P

P

x

x

8, 11

General Residential Operation

x

x

x

x

x

x

x

x

x

x

x

S

S

S

S

x

1, 8, 11

Manufactured Housing Subdivision (HUD-Code)

x

x

x

x

x

x

x

x

x

x

S

x

x

x

x

x

 

Manufactured Home (HUD-Code)

S

x

x

x

x

x

x

x

x

x

P

x

x

x

x

x

1

Manufactured Housing Park (HUD-Code)

x

x

x

x

x

x

x

x

x

x

S

x

x

x

x

x

1

Recreational Vehicle Park

x

x

x

x

x

x

x

x

x

S

x

x

x

x

x

x

1

Retirement Home

x

x

x

x

x

x

P

P

x

P

x

x

x

P

x

x

 

Travel Trailer Park

x

x

x

x

x

x

x

x

x

S

x

x

x

x

x

x

1

Townhome

x

x

x

x

x

x

x

x

P

x

x

x

x

x

x

S

1, 25

(Ordinance 16-65 adopted 12/6/16; Ordinance 17-41, ex. A, adopted 7/18/17; Ordinance 17-42, ex. A, adopted 7/18/17; Ordinance 19-87 adopted 12/3/19; Ordinance 21-39 adopted 5/4/21)

INSTITUTIONAL AND PUBLIC USES

Airport Landing Field, Public

P

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1

Athletic Stadium or Field, Public

P

S

S

S

S

S

S

S

S

S

S

P

P

P

P

x

1

Cemetery

S

x

x

x

x

x

x

x

x

x

x

S

P

P

P

x

1

Church

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

2, 8

Civic Center

x

P

P

P

P

P

P

P

P

P

P

P

P

P

P

x

2, 8

Community Center

S

S

S

S

S

S

S

S

S

P

S

P

P

P

P

x

1, 8

Day Care or Child Care Center

S

S

S

S

S

S

S

S

S

P

S

P

P

P

P

x

1

Day Care or Child Care Center, In Home

S

S

S

S

S

S

S

S

S

P

S

x

x

x

x

x

3, 8, 11

Fairgrounds

x

x

x

x

x

x

x

x

x

S

x

x

P

P

P

x

1

Halfway House

x

x

x

x

x

x

x

x

x

S

x

x

P

P

P

x

2, 3

Library, Public

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

x

 

Mausoleum

S

x

x

x

x

x

x

x

x

x

x

S

P

P

P

x

2

Public or Municipally Owned Facility or Uses

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Park or Playground, Public

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Utilities, Public and Private

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

 

EDUCATIONAL

College or University

P

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

School, Private Boarding

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

School, Business or Trade

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

P

 

School, Home

x

P

P

P

P

P

P

P

P

P

P

P

x

x

x

x

 

School, Home Day

x

S

S

S

S

S

S

S

S

S

S

S

x

x

x

x

3

School, Institutional, Rehabilitation Training

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

School, Nursery

x

x

x

x

x

P

P

P

P

x

x

P

P

P

P

P

 

School, Parochial or Private

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

School, Public, Primary or Secondary

P

S

S

S

S

S

S

S

S

S

S

P

P

P

P

P

1

(Ordinance 16-65 adopted 12/6/16)

AUTOMOTIVE, COMMUNICATION AND TRANSPORTATION

Airport Landing Field, Private

S

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1

Auto Leasing or Rental

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

8

ATV Sales, New

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

8

ATV Sales and/or service, Used

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Auto Parts Sales, Enclosed

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

x

12

Auto Parking Lot

x

x

x

x

x

x

x

x

x

x

x

x

x

P

S

S

8

Auto Repair, Major

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

8, 12, 13

Auto Repair, Minor

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

1, 8, 12, 13

Auto Sales, New

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

8, 13, 14

Auto Sales, Used

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

8, 12, 14

Auto Sales, Vintage

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

8, 13, 14

Auto Service Station

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

1, 5, 8, 13

Auto, Boat, Trailer, RV and/or Truck Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 12, 14

Boat Sales, New

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Boat Sales, Used and Repair

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 13

Fuel/Natural Resource Dispensing Station

S

x

x

x

x

x

x

x

x

x

x

S

S

P

P

S

2, 5, 8

Golf Cart Sales, New & Used

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

x

1, 8, 14

Golf Cart Service/Repair, New & Used

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 13, 14

Heliport

S

x

x

x

x

x

x

x

x

x

x

x

x

S

S/P

x

2, 32

Helistop

S

x

x

x

x

x

x

x

x

x

x

x

x

S

S/P

x

2, 32

Motorcycle Sales and Service, New

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

8, 13

Motorcycle Sales and Service, Used

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 13

Parking Lot, Truck

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

8

Recreation Vehicle Sales, New

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Recreation Vehicle Sales and/or service, Used

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Terminal, Bus

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

8

Terminal, Freight or Truck

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

8

Terminal, Railroad or Train

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8

Trailer Sales or Rental

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

8

Transportation Utility Structures and Facilities

x

P

P

P

P

P

P

P

P

P

P

P

P

P

P

x

 

Travel Trailer Sales, New

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Travel Trailer Sales and/or Service, Used

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Towing Company Office w/ Towed Vehicle Storage Yard

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 6, 8

Towing Company Office w/out Towed Vehicle Storage Yard

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

1, 8

Truck and Bus Rental or Leasing

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

8

Truck and Bus Repair and Overhaul

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

8, 12, 13

Truck Sales, Heavy

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Truck Stop

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

5, 8

Wrecking Yard (Junkyard)

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 6, 8

Wireless Antenna Facilities

SEE WIRELESS ANTENNAS, ARTICLE 9

15

(Ordinance 16-65 adopted 12/6/16; Ordinance 17-24, ex. A, adopted 4/18/17)

OFFICE AND PROFESSIONAL

Armed Services Recruitment Center

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

Bank, Savings & Loan/ Credit Union

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Office Center

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Office, Professional, General

S

S

S

S

S

S

x

x

x

x

x

P

P

P

P

P

3, 19

Studios, Professional

S

S

S

S

S

S

x

x

x

x

x

P

P

P

P

P

3, 19

(Ordinance 16-65 adopted 12/6/16)

RETAIL, SERVICES AND COMMERCIAL

Animal Grooming

S

S

S

S

S

S

x

x

x

x

x

x

S

P

P

x

19

Animal Processing

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

x

2, 8

Beauty, Barber or Other Personal Care Shop

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

x

 

Bed and Breakfast, Hosted

S

S

S

S

S

S

x

x

x

x

x

P

P

P

P

P

1, 16

Bed and Breakfast,

Un-hosted (Commercial)

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

1, 17

Bed and Breakfast,

Un-hosted (Residential)

S

S

S

S

S

S

S

S

S

x

x

P

P

P

P

P

1, 17

Brew-Pub

x

x

x

x

x

x

x

x

x

x

x

S

P

P

P

P

1, 8

Building Materials and Hardware Sales, Enclosed

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

x

 

Building Materials and Hardware Sales, Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

8, 14

Carwash, Self-Serve

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

1, 8

Const. Equipment Rental and/or Sales

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

x

1, 8, 12, 13

Carwash, Full-Serve

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

1, 8

Consignment/Used Merchandise Store, Indoor

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

1

Consignment Store/Used Merchandise, Outdoor Activity

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

P

1

Convenience Store w/Gas Pumps

x

x

x

x

x

x

x

x

x

x

x

S

S

P

P

S

1, 5

Convenience Store w/out Gas Pumps

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

x

8

Daily Outdoor Display

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

S

21

Dry Cleaning, Pick-up/ Drop-off

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Dry Cleaning, Small Shop

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

x

 

Farm, Ranch, Garden or Orchard

S

P

P

x

x

x

x

x

x

x

x

x

x

x

x

x

3

Feed Store

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

 

Fraternal Organization, Lodge or Civic Club

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Hotel, Motel

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

S

1, 8

Kennel, w/out Outside pens

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Kennel, w/outside pens

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

2, 8, 9, 10

Key/Locksmith Shop

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

Kiosk

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Laundromat, Self-Serve

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

Machine Sales and Storage, Heavy

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

14

Massage Establishment

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

S

2

Micro-Distillery

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

1, 8

Mortuary or Funeral Parlor

x

S

S

S

x

x

x

x

x

S

S

S

S

S

S

S

1

Park and Ride

x

x

x

x

x

x

x

x

x

x

x

S

S

P

P

x

1, 8

Nursery, Retail w/Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

x

8

Paint Shop

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Pawn Shop

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

1

Pet Shop

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

x

 

Produce Stand

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

 

Produce Sales (Inside)

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

Recycling Collection Center

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Restaurant, Cafe or Cafeteria

x

x

x

x

x

x

x

x

x

x

x

S

P

P

P

P

8, 33

Restaurant, Drive-In

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

x

8

Restaurants, Incidental to Main Use

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

8

Retail or Service, Incidental

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

8

Retail Sales, General

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

8

Service and Repair Shops, General

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Shopping Center

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

8

Small Engine & Appliance Repair

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

2, 8

Tattoo Parlor/Body Piercing Studio

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

x

1, 6

Tattoo Parlor, Cosmetic

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

Taxidermy Shop

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

x

2, 8

Veterinarian Clinic, w/out outside pens

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

 

Veterinarian Clinic, w/outside pens

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 10

Wine Tasting Facility (Winery)

x

x

x

x

x

x

x

x

x

x

x

S

S

S

S

S

1, 8

Health Club, Weight and Aerobic Center

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

8

(Ordinance 16-65 adopted 12/6/16; Ordinance 18-15, ex. A, adopted 2/6/18; Ordinance 18-31, ex. A, adopted 5/1/18; Ordinance 19-63 adopted 9/3/19; Ordinance 19-86 adopted 12/3/19; Ordinance 20-60 adopted 11/3/20)

AMUSEMENT AND ENTERTAINMENT USES

Adult Entertainment Enterprise

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

6, 8

Amusement (Video) Arcade

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

1, 8

Amusement Center, Commercial, Enclosed

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Amusement Center, Commercial, Outdoors

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1, 6, 8, 16

Athletic Stadium or Field, Private

S

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1, 8

Banquet Hall, Private

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

x

1, 8

Club, Private w/Alcoholic Beverage Sales

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

x

1, 8

Dance Hall

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

x

1, 8

Golf Course/Country Club, Private

x

S

S

S

S

S

S

S

S

S

S

x

x

x

P

x

1

Golf Course/Country Club, Public

S

S

S

S

S

S

P

P

P

P

S

x

x

x

x

x

1

Park and Recreation Facility, Private

x

S

S

S

S

S

S

S

S

S

S

S

S

S

S

x

1

Race Track, Horse

S

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 8

Raceway, Motor

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1, 8

Recreation Center, Private

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

1, 8

Stable, Commercial

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 9

Stable, Private

P

P

S

x

x

x

x

x

x

x

x

x

x

P

P

x

9

Theater, Indoor

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

 

Theater, Outdoor

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

1, 6, 8

   

MEDICAL USES

Clinic or Office, Medical

x

x

x

x

x

x

x

x

x

P

x

P

P

P

P

P

 

Equipment Sales, Medical Aid

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

Hospital

P

x

x

x

x

x

x

x

x

x

x

P

P

P

P

x

 

Hospital for Insane/Narcotic Related Illnesses

S

x

x

x

x

x

x

x

x

x

x

S

S

P

P

x

2, 6

Medical Offices, Professional

x

x

x

x

x

x

x

x

x

x

x

P

P

x

x

x

 

Sanitarium

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

x

 

Laboratory, Medical

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

P

 

(Ordinance 16-65 adopted 12/6/16)

INDUSTRIAL AND HEAVY COMMERCIAL

Bakery and Confectionery Works, Commercial

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

x

 

Batching Plant, Concrete or Asphalt, Permanent

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1, 6

Book bindery

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Bottling works

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1

Brick/Stone Company, Sales, Enclosed

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1

Brick/Stone Company, Sales, Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1

Building materials and lumber storage yards & sales

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1, 8

Commercial engraving

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1

Commercial Plant, General

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8

Compressor Station (Gas Pipelines)

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

1, 23

Contractor's Shop w/ out Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

S

P

P

x

8

Contractor's Shop w/ Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Dairy products

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Distribution Center

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

2, 8

Industrial Manufacturing/ Fabrication/Assembly Enclosed, Light

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Feed Lot

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 6, 8

Frozen Foods Locker

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Furniture Restoration

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Industrial Manufacturing/ Fabrication/Assembly Light, Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8

Industrial Manufacturing/ Fabrication/Assembly Enclosed, Heavy

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Industrial Manufacturing/ Fabrication/Assembly Outside Storage, Heavy

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

8

Industrial Manufacturing/ Fabrication/Assembly High Risk

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 8

Ice Company Sales - Wholesale

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Landfill (commercial)

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 6

Landscaping Service

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1

Machine Shop

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Manufactured Home (HUD-Code) Display, Sales and Service

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

8

Monuments & Headstones Sales

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Moving Company

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Overnight Delivery & Service Center

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

 

Paper & Chemical Supply

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

 

Petroleum Extraction (Oil & Gas Mining)

S

x

x

x

x

x

x

x

x

x

x

S

S

S

S

x

1, 23

Plaster Shop

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Portable Building Sales

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8

Correctional/Detention Facility (Private)

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 8

Correctional//Detention Facility (Public)

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 8

Printing or Reprographic Shop

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

 

Private Utility Service Yard

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Recycling Center

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1

Recycling Plant

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Refinery or Plant

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1

Laboratories, Research and Scientific

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Rock Quarries, Sand, Gravel or Earth Excavation

S

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 6, 24

Roofing & Siding Supply

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1

Self-Service or Mini-Warehouse

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

1,8

Shooting Range, Indoor

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

31

Storage yard

x

x

x

x

x

x

x

x

x

x

x

x

x

S

P

x

1, 8, 14

Tank Farm

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1

Terminal, Transfer Storage and Baggage

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Tire Retreading

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Warehouse/Showroom w/Office

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Warehouse, Wholesale, Enclosed

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

 

Warehouse, Wholesale, Outside Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

8

Warehouse, Chemical & Toxic Materials Storage

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

x

2, 6, 8

Welding Shop or Company

x

x

x

x

x

x

x

x

x

x

x

x

x

x

P

x

 

Wholesale Sales, Enclosed

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

 

Wholesale Distribution Centers

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

P

 

Wrecking, Salvage, or Reclamation, Outside

x

x

x

x

x

x

x

x

x

x

x

x

x

x

S

x

1, 6, 8

(Ordinance 16-65 adopted 12/6/16; Ordinance 18-50, ex. A,  adopted 8/7/18; Ordinance 21-38 adopted 5/4/21)

ACCESSORY AND TEMPORARY USES

Accessory Dwelling Unit

P

P

P

S

S

S

S

S

S

S

S

x

x

x

x

x

1

Amusement Center, Commercial, Outdoors, Temporary

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

x

1, 8, 28, 34, 35

Batching Plant, concrete or asphalt, Temporary

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

x

36

Cargo Containers

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

x

20

Construction Field Office, Temporary

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

x

26

Farmer's Market

x

x

x

x

x

x

x

x

x

x

x

x

S

S

P

S

1, 8, 29

General Market

x

x

x

x

x

x

x

x

x

x

x

x

x

S

S

S

1, 8, 30

Home Occupation

P

P

P

P

P

P

P

P

P

P

P

x

x

x

x

x

 

Insurance claims centers and vehicular repair centers, temporary

x

x

x

x

x

x

x

x

x

x

x

P

P

P

P

x

2, 37

Model Home Sales Office

x

P

P

P

P

P

P

P

P

x

P

x

x

x

x

x

27

Street Vending

x

x

x

x

x

x

x

x

x

x

x

x

x

P

P

x

Section 11.9

(Ordinance 16-65 adopted 12/6/16; Ordinance 19-09 adopted 2/5/19; Ordinance 19-86 adopted 12/3/19; Ordinance 20-26 adopted 5/5/20)

   Section 4.2     Supplemental Standards For Land Uses

The following describe conditions and special regulations for uses listed in the Permitted Use Table. Additional requirements may be added, to these listed herein, by the Planning and Zoning Commission and City Council as deemed necessary to protect the health, safety, and general welfare of the citizens of Granbury. No construction or occupancy shall commence for any permitted use until the conditions herein stated or required by the Planning and Zoning Commission have been met. (Ordinance 19-87 adopted 12/3/19)

1.     A site plan will be required with Specific Use Permits in accordance with Section 11.1, SUP or “S” – Specific Use Permits. (Ordinance 21-38 adopted 5/4/21)

2.     A site plan in accordance with Section 11.11.D will be required for either “S” or “P” designation. (Ordinance 19-87 adopted 12/3/19)

3.     A site plan is not required with SUP.

4.     A minimum site area of 1 acre is required unless approved by a Specific Use Permit.

5.     Gasoline, or other hydrocarbon fuel, service station pump islands may not be located nearer than eighteen feet (18') to the property line adjacent to a public street. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten feet (10') to the property line.

6.     May not be located within 300 feet of any property zoned for a residential use or any property which is occupied by a church, public school, day care or nursing home. The measurement of distance shall be measured as a radius from the edge of the property line.

(Ordinance 16-65 adopted 12/6/16)

[7.     Reserved.] (Ordinance 19-86 adopted 12/3/19)

8.     All outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential uses. (Ordinance 21-38 adopted 5/4/21)

9.     Any proposed stable or barn must be set back 150 feet from the property line. Only animals permitted within the corporate limits by the City Code will be permitted on-site.

10.     Pens, outdoor kennels, or animal runs must be located 150 feet from any residentially zoned or used property.

11.     A copy of the State Certification of licensing or registration as described in Section 42.052 of Chapter 42 - Texas Human Resources Code must be provided to the City.

12.     Shall not be used for the storage of wrecked vehicles or the dismantling of vehicles or the storage of vehicle parts.

13.     All vehicles being stored for repair shall be screened from all public rights-of-way.

14.     All equipment shall be stored and displayed on an improved hard surface, as defined in Article 12 - Definitions.

15.     Antenna and towers shall be permitted and regulated in accordance with Article 9 - Wireless Antenna Facilities Regulations.

16.     Any business which uses the operation of motor vehicles on-site, such as go cart tracks, shall not be located within 500 feet from any residentially zoned or used property.

17.     Bed and Breakfast, hosted, are subject to the following conditions:

a.     Additional parking of one space per guest bedroom will be required. Parking must be screened from view of adjacent residentially zoned property.

b.     Food service will be limited to overnight guests of the bed and breakfast establishment and shall be prepared on-site, with the exception of receptions, retreats, teas and luncheons that may be catered.

c.     Receptions, retreats, teas and luncheons in the RE, R-12, R-10, R-8.4, R-7, PH and TH residential districts are limited to no more than 50 guests.

d.     The architecture of the structure and the grounds of the bed and breakfast must maintain the character of the neighborhood. If alterations are made, the exterior of the structure and the grounds must remain typical of the neighborhood and give no appearance of the business establishment within.

e.     A permanent, wired, smoke alarm system meeting all city codes must be installed.

f.     Signage is limited to one sign per bed and breakfast, shall not exceed 7' in overall height, shall not exceed 18 square feet of advertising area per side, shall not be internally illuminated and shall not be located within any visibility triangle. Signs must be discreet and unobtrusive, must be architecturally compatible with the character of the neighborhood and must be approved by the Community Development Director. Signs consistent with commercial districts are not permitted. Signs may only contain the name of the bed and breakfast, owner's name and/or contact information. Sign requirements contained within this Section shall supersede requirements of Article 7 for a Bed & Breakfast operating in compliance with an active Specific Use Permit or Certificate of Occupancy except for those B&Bs operating in the HPO. All signs within the HPO must obtain a Certificate of Appropriateness from the Historic Preservation Commission.

(Ordinance 16-65 adopted 12/6/16)

18.     Bed and Breakfast, Un-Hosted

a.     One parking space per bedroom unit shall be required; however, a minimum of two (2) parking spaces are required in any case. Parking must be screened from the view of adjacent residentially zoned properties.

b.     Food service will be limited to overnight guests of the bed and breakfast establishment and may or may not be prepared on-site.

c.     The architecture of the structure and the grounds of the bed and breakfast must maintain the character of the neighborhood. If alterations are made, the exterior of the structure and the grounds must remain typical of the neighborhood and give no appearance of the business establishment within.

d.     A permanent, wired, smoke alarm system meeting all city codes must be installed.

e.     Signage is limited to one sign per bed and breakfast, shall not exceed 7' in overall height, shall not exceed 18 square feet of advertising area per side, shall not be internally illuminated and shall not be located within any visibility triangle. Signs must be discreet and unobtrusive, must be architecturally compatible with the character of the neighborhood and must be approved by the Community Development Director. Signs consistent with commercial districts are not permitted. Signs may only contain the name of the bed and breakfast, owner's name and/or contact information. Sign requirements contained within this Section shall supersede requirements of Article 7 for a Bed & Breakfast operating in compliance with an active Specific Use Permit or Certificate of Occupancy except for those B&Bs operating in the HPO. All signs within the HPO must obtain a Certificate of Appropriateness from the Historic Preservation Commission.

f.     If the Bed & Breakfast proposal is located in a single-family attached structure (MD-1 or TH), the property must be located within the Historic Overlays (HPO or HCO) and a letter of support of each adjoining property owner with a common wall shall be filed with the SUP application. If the applicant is not able to obtain a support letter from each adjoining property owner with a common wall, approval of the SUP shall require a 3/4 vote of approval by both the Planning & zoning commission and the City Council to approve the SUP.

(Ordinance 18-15 adopted 2/6/18)

19.     Must be secondary use to a residential dwelling in residentially zoned districts.

20.     The number of cargo containers, the location(s) and the time period the containers are allowed will be determined by the City Council based upon recommendations from the Planning and Zoning Commission. The time period approved may not exceed twelve (12) months, however, the approval may be renewed for additional time periods of up to twelve (12) months each.

21.     Daily Outdoor Display is allowed in the front yard during the hours of 7:00 a.m. to 7:00 p.m. During all other hours the items must be moved inside an enclosed building or moved to an area completely screened from public view.

22.     Permitted on a temporary basis only, in accordance with the conditions and stipulations set forth in these regulations for the use and any additional condition as established by Planning & Zoning and Council in the issuance of the SUP.

23.     Oil & Gas Mining shall comply with Article 14 of these regulations.

24.     A topographical survey delineating pre-excavation conditions and a proposed grading plan shall be submitted.

(Ordinance 16-65 adopted 12/6/16)

25.     Private covenants, conditions or restrictions may be filed for the property. Please refer to any filed documents, including the plat, for the development of the site. (Ordinance 21-39 adopted 5/4/21)

26.     Permitted on a temporary basis only. Facilities shall not be constructed with sleeping facilities or allow residential use and must be removed from site upon abandonment, completion, or lack of activity of the project at the Chief Building Official's discretion. A construction, field office must cease upon the issuance of a Certificate of Occupancy for nonresidential developments or for the final inspection for the last Dwelling Unit for the Subdivision or project or, in the case of a subdivision or project for which approval has been given for phased development, for the last Dwelling Unit for that phase. Only one construction field office shall be permitted on ay nonresidential or multifamily developments site. The number of construction field offices permitted within a residential development shall be at the discretion of the Building Official. Permits may be revoked by the Building Official if the use of the building or structure is contrary to the uses allowed by definition in this ordinance. (Ordinance 19-86 adopted 12/3/19)

27.     The number of model home sales offices shall be one (1) model home sales office per ten (10) lots, and no more than four (4) model home sales offices per phase. Model Home Sales Offices may be permitted in residential subdivisions; however, the permit shall expire and the office use to be removed when ninety permit (90%) of the lots in the subdivision served by the office have been sold. A Certificate of Occupancy must be issued by the Chief Building Official prior to operation of the sales office. A demolition permit must be issued by the Chief Building Official prior to the office being converted to a residence. (Ordinance 20-02 adopted 1/7/20)

28.     Shall not exceed 14 consecutive days; 14 days within a 30-day period; and 30 days within one year at any one location. Applicant shall provide a Certificate of Liability insurance in the amount of $1,000,000. The City of Granbury shall be named as “Additional Insured.” Additional insured certificate must be received by the City at least 30 days prior to the event date.

29.     All vendor facilities shall be located on an improved hard surface. The applicant shall be responsible for drafting a site plan depicting the orderly layout of the sales and parking area. Sale of any type of meat, fish, poultry, eggs, refrigerated dairy products and home canned or packaged items shall be prohibited. Dates of operation shall be provided by the applicant. Signage for the market shall be limited to a single freestanding sign per street frontage consisting of 50 square feet or less and a sign attached to each vendor stall not to exceed 6 square feet. Signage shall not be located within a visibility triangle. Sign requirements contained within this Section and approvals granted under the SUP shall supersede requirements of Article 6 and 7. A Special Event Permit shall be submitted and approved if required by Ordinance. No SUP shall be required for Farmer's Market vending proposed under an approved Event Permit when the applicant is a community organization or a governmental entity (such as: Chamber of Commerce, City, County, etc.) and solely for public events such as: Harvest Moon, General Granbury's Birthday, the 4th of July Celebration, etc., located on public property. Each vendor shall be responsible for obtaining a Health Permit at least 3 days prior to the event when selling potentially hazardous food as defined within local or State regulations (cut produce, oil & garlic, etc.) and any operation or sales shall be in accordance with the Texas Food Establishment Rules.

30.     All vendor facilities shall be located on an improved hard surface within a covered lease space in accordance with Article 12 - Definitions. The applicant shall be responsible for drafting a site plan depicting the orderly layout of the sales and parking area. Sale of any type of meat, fish, poultry, eggs and refrigerated dairy products shall be prohibited. Signage shall be delineated on the site plan submitted with the SUP, shall be approved by City Council and shall supersede other sign requirements contained within this Ordinance. No SUP shall be required for General Market vending proposed under an approved Event Permit when the applicant is a community organization or a governmental entity (such as: Chamber of Commerce, City, County, etc.) and solely for public events such as: Harvest Moon, General Granbury's Birthday, the 4th of July Celebration, etc., located on public property. All vendors shall provide a State Sales Tax ID and shall be responsible for reporting sales tax to the State Comptroller as required by law. A Special Event Permit shall be submitted and approved if required by Ordinance. Each vendor shall be responsible for obtaining a Health Permit at least 3 days prior to the event when selling potentially hazardous food as defined within local or State regulations (cut produce, packaged, prepared or canned food, oil & garlic, etc.) and any operation or sales shall be in accordance with the Texas Food Establishment Rules (TFER).

31.     Indoor Shooting Range

a.     No person shall engage in the operation or be employed within an indoor shooting range unless such person has passed a criminal background check administered by the Chief of Police. This shall also be a requirement prior to any transfer or assignment to a new operator, or any time a Certificate of Occupancy is required within Section 1.10.G.

b.     Indoor shooting ranges shall have walls, ceilings, and floors that are impenetrable to the ammunition discharged by firearms being used within it or have internal baffling built so that the ammunition discharged cannot hit the walls or ceiling. Doors and windows which are in front of the firing points must be bolted from the inside and must comply with this subsection as part of the building walls at all times the facility is in use. Gas projectiles and incendiary devices shall not be used in such facilities. Protective stalls shall be built between each firing point used for the discharge of a pistol.

c.     Indoor shooting ranges shall be constructed and insulated in such a manner that prevents sound from the discharge of firearms within the facility to escape outside the premises or disturb the peace of other persons outside the premises. Hearing protectors, which fully cover the shooter's ears, shall be provided by the indoor shooting range, made available for all shooters or other persons in the firing area, and are required to be worn at all times in the firing area.

d.     Nothing in this ordinance shall be construed to exempt any indoor shooting range, its construction, remodeling, or operation from any applicable city, state, or federal law, rule, or regulation.

e.     All indoor shooting range instructors shall be certified by the National Rifle Association or by the State of Texas.

f.     All operators of indoor shooting ranges shall keep and maintain any legally required records regarding the use of the range and the sale of firearms and ammunition by the operator. All such records shall be open for inspection during all hours of operation by the Chief of Police or his/her designee. The Chief of Police or his/her designee shall also have the right to inspect the operation of the indoor shooting range during all hours of operation to verify the safe operation of the facility. Should the Chief of Police determine that a violation exists which may compromise public health or safety, the Chief of Police may at any time, suspend or revoke the SUP ceasing the operation of the indoor shooting range. If the Chief of Police suspends the SUP for minor infractions or violations, such operation may be continued once the outstanding issues have been remedied to his/her satisfaction. If the Chief of Police revokes the SUP [for] major infractions violations or safety concerns, a new SUP application shall be submitted by the City within 60 days of revocation by the Chief of Police. The previous SUP holder shall be responsible for providing any and all documentation necessary for a complete SUP application submittal and any supporting information addressing the reason(s) for revocation. The SUP application shall be considered a new application under Article 11 of this Ordinance allowing the Planning and Zoning Commission and City Council full discretionary review.

g.     It shall be unlawful and an offense for any owner, manager, operator, or employee of an indoor shooting range to permit any person or persons to bring any intoxicating liquor, intoxicating substance, low point beer, controlled dangerous substance or other intoxicating compound or dangerous substance on the premises of any indoor shooting range; to permit the consumption of the same on the premises; or to permit them to be left at any place on the premises. It shall be unlawful and an offense for any person operating a range to permit any intoxicated or chemically impaired person to be or remain on the premises.

h.     It shall be unlawful and an offense for any person to discharge any firearm within an indoor shooting range in a manner that violates any provision of this article or so that the shot, projectile, bullet, or fragments avoid the backstop and other safety precautions and escape the confines of any indoor shooting range causing bodily injury to a person on the premises. An owner, manager, operator, employee, or agent of an indoor shooting range shall supervise the users of the facility and shall remove and bar from the premises any person who refuses to comply with generally accepted safety practices, within the provisions of this ordinance or comply with the rules and regulations concerning safety imposed by the operator.

i.     All shooting shall be supervised by an adult at all times.

j.     Any safety precautions recommended by the Chief of Police shall be complied with.

32.     Heliports and Helistops located at a designated governmental owned airport regulated by the Federal Aviation Administration and within an Industrial “I” zoned district shall be considered a “Permitted Use” (P) (“by-right” activity). A Specific Use Permit (SUP) or “S” shall be required for all other Heliports and Helistops which fall outside of this definition and which are located within the appropriate zoned district.

33.     A canopy or awning covering an order board or order menu structure for a drive-through restaurant may encroach into the side or rear commercial building setback as established for the particular zoning district of the property. The entire structure, including the support column, must maintain a minimum 5' setback from all property lines. The canopy or awning may not cantilever beyond the 5' setback. The canopy or awning may not exceed 64 sq. ft. and must be constructed with a single support column. Any canopies or awnings greater than 64 sq. ft. or constructed with multiple support columns must adhere to the building setbacks for the primary structure. One canopy or awning is permitted for each order board or menu structure.

34.     May not be located within 300 feet of any property zoned for a residential use or any property which is occupied by a church, public school, day care or nursing home. Notwithstanding the foregoing, the distance set forth may be encroached into if persons within 300 feet owning the adjacent property zoned for a residential use or any property which is occupied by a church, public school, day care or nursing home agree in writing. In the event that 100% of the adjacent property owners within 300 feet do not agree in writing then P&Z may recommend and City Council may approve the encroachment by an affirmative three-fourths (3/4) vote if no adverse impact is determined. The measurement of distance shall be measured as a radius from the edge of the property line.

35.     Any business which uses the operation of motor vehicles on-site, such as go cart tracks, or utilizes a public address (PA) system shall not be located within 500 feet from any residentially zoned or used property. Notwithstanding the foregoing, the distance set forth may be encroached into if persons within 500 feet owning the adjacent residentially zoned or used property agree in writing. In the event that 100% of the adjacent property owners within 500 feet do not agree in writing then P&Z may recommend and City Council may approve the encroachment by an affirmative three-fourths (3/4) vote if no adverse impact is determined. The measurement of distance shall be measured as a radius from the edge of the property line.

(Ordinance 16-65 adopted 12/6/16)

[36.     Batching plant, concrete or asphalt, temporary:]

a)     The batch plant site shall comply with all provisions of local, state, and federal laws.

b)     A letter shall be filed with the City of Granbury by the developer or contractor listing the following: Project location, statement that temporary operations shall comply with TCEQ regulations, duration of operation, hours of operation, and 24-hour contact information.

c)     A copy of the approved TCEQ permit shall be provided to the City of Granbury.

d)     Hours of operation will be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. This includes any machine setup, start-up, or wind down. Aggregate trucks shall be prohibited from hauling to or from the site on Saturday.

e)     The minimum distance from the temporary batching plant and residential structures shall be determined on a case-by-case basis by the City Manager upon recommendation of the Building Inspections Department to determine distance required for the batch plant. In considering the request, the city shall examine factors such as noise generation, development attributes and scale of development.

f)     The batch plant permit shall be valid for a 6-month period unless an extension is granted by the City Manager or his designee.

g)     No portion of the batch plant or its operation shall be located on a public right-of-way, or on land dedicated to the City for parks and open space, unless authorized by the City Manager or their designee.

h)     The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary permit is issued. The placement of a temporary batch plant for a private project is restricted to the site of the project.

i)     All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within 30 days of completion of the project.

j)     Upon expiration of the temporary permit and cessation of activities, the City Manager (or their designee) and permittee shall walk the site to verify compliance with these special conditions.

k)     The temporary batch plant shall be operated in a manner that eliminates unnecessary dust, noise, and odor, in compliance with all adopted state and municipal standards. The site must be clear of all equipment, material, and debris upon completion of the project. The City reserves the right to withhold any permits or letter of acceptance until the site has been cleared and any proper repairs made.

l)     The site shall be equipped with ‘shakers' or other devices approved by the City's field inspections personnel which shall help mitigate against dirt, sand, soil, construction material, etc., from inappropriately being spread or placed upon adjoining roads located off of the construction site.

(Ordinance 19-09 adopted 2/5/19)

(37)     Use must not deduct from any required parking areas on existing developed sites. Certificates of Occupancy for “Insurance Claims Centers and Vehicular Repair Centers, Temporary” are issued by the City's Chief Building Official and shall operate for a term no longer than 90 days from the date of the event as determined by the Chief Building Official. (Ordinance 20-26 adopted 5/5/20)

   Article 5 - Districts

   Section 5.1     Zoning Districts Established

The City of Granbury, Texas is hereby divided into the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:

Abbreviated Designation

Zoning District Name

IH

Interim Holding District

RE

Residential Estate District

R-12

Single-Family Residential District - 12,000 Sq. Ft.

R-10

Single-Family Residential District - 10,000 Sq. Ft.

R-8.4

Single-Family Residential District - 8,400 Sq. Ft.

R-7

Single-Family Residential District - 7,000 Sq. Ft.

PH

Patio Home District

TH

Townhome District

MD-1

Duplex Residential District

MF

Multiple-Family District

MH

HUD-Code Manufactured Housing District

BC

Business Commercial District

LC

Light Commercial District

HC

Heavy Commercial District

I

Industrial District

CBD

Central Business District

   Section 5.2     IH - Interim Holding District
   5.2.A     General Purpose & Description

This District is intended to provide a location principally for newly annexed land prior to receiving final zoning or for undeveloped or vacant land situated on the fringe of the urban area and used for agricultural purposes, but which may become an urban area in the future. Generally “IH” Interim Holding District, will be near development; therefore, the land use activities conducted in the “IH” Interim Holding District will be rural uses similar to those found in the “RE” Residential Estate District that are compatible with nearby urban land uses. The types of uses and the area and intensity of uses permitted in this District shall encourage and protect rural uses until urbanization is warranted and the appropriate change in district classification is made. The “IH” Interim Holding District is also intended to protect areas that may be unsuitable for development because of physical problems, lack of infrastructure, constraints, or potential health or safety hazards such as flooding, as well as providing for preservation of natural open space areas.

   5.2.B     Permitted Uses

Uses permitted in the “IH” Interim Holding District are outlined in Article 4, Permitted Uses.

   5.2.C     Height, Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the IH Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

IH District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

20 ft. minimum

Street Side

25 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

40 ft. minimum

Lot Size

2 acres (87,120 sq. ft.) min.

Lot Depth

250 ft. minimum

Lot Width

150 ft. minimum

Dwelling Area

1,800 sq. ft. minimum

Building Coverage

40% of lot area max.

Impervious Coverage

60% of lot area max.

   5.2.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.2.E     Parking Regulations

1.     Single-Family Dwelling Unit - Two enclosed (2) spaces (garage) on the same lot as the main structure

2.     See Section 11.2, Off-Street Parking and Loading Requirements.

   Section 5.3     RE - Residential Estate District
   5.3.A     General Purpose & Description

The RE District is designed to promote and encourage a suitable environment for family life on large parcels of land used only for suburban style single-family homes and their community services and facilities. This District is intended to encourage more open space, permeable surfaces, and greater setbacks with characteristics of semi-rural areas.

   5.3.B     Permitted Uses

Uses permitted in the RE District are outlined in Article 4, Permitted Uses.

   5.3.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the RE Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

RE District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

20 ft. minimum

Street Side

25 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

40 ft. minimum

Lot Size

1 acre (43,560 sq. ft.) min.

Lot Depth

200 ft. minimum

Lot Width

150 ft. minimum

Dwelling Area

1,800 sq. ft. minimum

Building Coverage

40% of lot area max.

Impervious Coverage

60% of lot area max.

   5.3.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.3.E     Parking Regulations

1.     Single-Family Dwelling Unit - Two (2) enclosed spaces (garage) on the same lot as the main structure

2.     See Section 11.2, Off-Street Parking and Loading Regulations.

   5.3.F     Enhancement to the Street

Building enhancements that improve the feel and experience of the street and which shall include the following: porches, stoops, bay windows, balconies, masonry-clad chimneys, attached pergolas and colonnades. Enhancements to the street may encroach ten feet (10') into the front build-to line and eight feet (8') into the street side build line which is as depicted in Section 5.3.C.

   Section 5.4     R-12 - Single-Family Residential District
   5.4.A     General Purpose & Description

The R-12, Single-Family Residential District will provide for development of single-family detached dwelling units on lots of not less than twelve thousand (12,000) square feet. Other uses, such as religious and educational facilities, and open spaces, may be provided to maintain a balanced, orderly, convenient and attractive residential area.

   5.4.B     Permitted Uses

Uses permitted in R-12 District are outlined in Article 4, Permitted Uses.

   5.4.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the R-12 Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

R-12 District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

5 ft. min. one side & 15 ft. min. total both sides

Street Side

15 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

20 ft. minimum

Lot Size

12,000 sq. ft. minimum

Lot Depth

120 ft. minimum

Lot Width

90 ft. minimum

Dwelling Area

1,100 sq. ft. minimum

Building Coverage

40% of lot area max.

Impervious Coverage

60% of lot area max.

   5.4.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.4.E     Parking Regulations

1.     Single-Family Dwelling Unit - Two (2) enclosed spaces (garage) on the same lot as the main structure

2.     See Section 11.2, Off-Street Parking and Loading Requirements.

   5.4.F     Enhancement to the Street

Building enhancements that improve the feel and experience of the street and which shall include the following: porches, stoops, bay windows, balconies, masonry-clad chimneys, attached pergolas and colonnades. Enhancements to the street may encroach ten feet (10') into the front build-to line and eight feet (8') into the street side build line which is as depicted in Section 5.4.C.

   Section 5.5     R-10 - Single-Family Residential District
   5.5.A     General Purpose & Description

The R-10, Single-Family Residential District is intended to provide for development of single-family detached dwelling units on lots of not less than ten thousand (10,000) square feet.

   5.5.B     Permitted Uses

Uses permitted in R-10 District are outlined in Article 4, Permitted Uses.

   5.5.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the R-10 Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

R-10 District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

5 ft. min. one side & 15 ft. min. total both sides

Street Side

15 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

20 ft. minimum

Lot Size

10,000 sq. ft. minimum

Lot Depth

110 ft. minimum

Lot Width

80 ft. minimum

Dwelling Area

1,100 sq. ft. minimum

Building Coverage

40% of lot area max.

Impervious Coverage

60% of lot area max.

   5.5.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.5.E     Parking Regulations

1.     Single-Family Dwelling Unit - Two (2) enclosed spaces (garage) on the same lot as the main structure.

2.     See Section 11.2, Off-Street Parking and Loading Requirements.

   5.5.F     Enhancement to the Street

Building enhancements that improve the feel and experience of the street and which shall include the following: porches, stoops, bay windows, balconies, masonry-clad chimneys, attached pergolas and colonnades. Enhancements to the street may encroach ten feet (10') into the front build-to line and eight feet (8') into the street side build line which is as depicted in Section 5.5.C.

   Section 5.6     R-8.4 - Single-Family Residential District
   5.6.A     General Purpose & Description

The R-8.4, Single-Family Residential District is intended to be similar to the R-10 except composed of detached, single-family residences on lots of not less than eight thousand, four hundred (8,400) square feet.

   5.6.B     Permitted Uses

Uses permitted in the R-8.4 District are outlined in Article 4, Permitted Uses.

   5.6.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the R-8.4 Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

R-8.4 District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

5 ft. min. one side & 15 ft. min. total both sides

Street Side

15 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

20 ft. minimum

Lot Size

8,400 sq. ft. minimum

Lot Depth

110 ft. minimum

Lot Width

70 ft. minimum

Dwelling Area

1,100 sq. ft. minimum

Building Coverage

40% of lot area max.

Impervious Coverage

60% of lot area max.

   5.6.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.6.E     Parking Regulations

1.     Single-Family Dwelling Unit - Two (2) enclosed spaces (garage) on the same lot as the main structure.

2.     See Section 11.2, Off-Street and Loading Requirements.

   5.6.F     Enhancement to the Street

Building enhancements that improve the feel and experience of the street and which shall include the following: porches, stoops, bay windows, balconies, masonry-clad chimneys, attached pergolas and colonnades. Enhancements to the street may encroach ten feet (10') into the front build-to line and eight feet (8') into the street side build line which is as depicted in Section 5.6.C.

   Section 5.7     R-7 - Single-Family Residential District
   5.7.A     General Purpose & Description

The R-7, Single-Family Residential District is intended to be similar to the R-10 and R-8.4 Districts except composed of detached, single-family residences on lots of not less than seven thousand (7,000) square feet.

   5.7.B     Permitted Uses

Uses permitted in the R-7 District are outlined in Article 4, Permitted Uses.

   5.7.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the R-7 Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

R-7 District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

5 ft. min. one side & 15 ft. min. total both sides

Street Side

15 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

20 ft. minimum

Lot Size

7,000 sq. ft. minimum

Lot Depth

100 ft. minimum

Lot Width

60 ft. minimum

Dwelling Area

1,100 sq. ft. minimum

Building Coverage

40% of lot area max.

Impervious Coverage

60% of lot area max.

   5.7.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.7.E     Parking Regulations

1.     Single-Family Dwelling Unit - Two (2) enclosed spaces (garage) on the same lot as the main structure.

2.     See Section 11.2, Off-Street and Loading Requirements.

   5.7.F     Enhancement to the Street

Building enhancements that improve the feel and experience of the street and which shall include the following: porches, stoops, bay windows, balconies, masonry-clad chimneys, attached pergolas and colonnades. Enhancements to the street may encroach ten feet (10') into the front build-to line and eight feet (8') into the street side build line which is as depicted in Section 5.7.C.

   Section 5.8     MD-1 - Two-Family Residential District (Duplex)
   5.8.A     General Purpose & Description

The MD-1, Two-Family Residential District is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of the two-family or duplex units is encouraged. This District may be used as a “buffer” or transition district between lower density residential areas and higher or nonresidential areas, or major streets.

   5.8.B     Permitted Uses

Uses permitted in the MD-1 District are outlined in Article 4, Permitted Uses.

   5.8.C     Height; Area; Yard; and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the MD-1 Zoning District.

Height and Area Regulations

MD-1 District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

8 ft. minimum

Street Side

15 ft. minimum

Rear Yard

30 ft. minimum

Front Yard

25 ft. minimum

Lot Size

 

Per unit (or)

3,500 sq. ft. minimum

Per building

7,000 sq. ft. minimum

Lot Depth

100 ft. minimum

Lot Width

60 ft. minimum

Dwelling Area

 

One Bedroom

650 sq. ft. minimum

Ea. Add. Bedroom

150 sq. ft. minimum

Building Coverage

50% of lot area max.

Impervious Coverage

70% of lot area max.

   5.8.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.8.E     Parking Regulations

1.     Residential Units - Two (2) spaces per dwelling unit on the same lot as the dwelling unit, with at least one of the parking spaces enclosed (garage) per unit.

2.     See Section 11.2, Off-Street Parking and Loading Requirements.

   5.8.F     Special District Requirements

1.     A lot in the MD-1 District may be platted into individual pairs such that a unit may be placed on each of the individual pairs of the lot. The subdivision plat shall designate the pairs for each lot and which lot lines are to be outside lot lines of each pair. There shall be only one dwelling unit per lot, and no dwelling unit shall cross a designated outside lot line. No single-family dwelling may be constructed on one of the designated pair of lots.

2.     All utilities shall be provided to each separate unit of each duplex in a MD-1 District such that each unit is individually metered.

3.     Special provisions shall be made when land is platted in a District into lots consisting of individual pairs permitting a separately owned dwelling unit to be placed on each of the individual pairs of a lot.

a.     Plats shall be submitted and approved subject to a legal instrument(s) setting forth the manner in which common facilities or shared elements of a structure on a lot are to be maintained, or repaired, and shall include facades, roofs, and fencing.

b.     Building permits will be issued for a structure comprised of two dwelling units to be built on lot pairs but not for a single dwelling unit.

   Section 5.9     PH - Patio Home District
   5.9.A     General Purpose & Description

The PH, Patio Home District is provided to allow for development of “zero lot line” homes in a modified residential district which encourages greater use of the side yard areas. Clustered lot patterns with a common usable open space system can be incorporated as an integral part of the development. The minimum lot area shall be five thousand (5,000) square feet. The District is appropriate as a buffer between higher intensity uses and heavily traveled thoroughfares, and lower density residential uses.

   5.9.B     Permitted Uses

Uses permitted in the PH District are outlined in Article 4, Permitted Uses.

Zero lot line, or patio home, residential detached dwellings in a platted subdivision.

Common open space, community center, recreational building and facilities provided they are incidental to the above described residential uses and are approved on a final plat.

   5.9.C     Height; Area; Yard; and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the PH Zoning District.

Height and Area Regulations

PH District

Max. Height

Not to exceed 35 ft.

Side Yard

(See Section 5.9.F)

One Side

8 in. minimum

Other Side

10 ft. minimum

Street Side

15 ft. minimum

Rear Yard

12 ft. minimum

Adjacent to alley

20 ft. minimum

Front Yard

25 ft. minimum

Lot Size

5,000 sq. ft. minimum

Lot Depth

90 ft. minimum

Lot Width

50 ft. minimum

Dwelling Area

1,100 sq. ft. minimum

Building Coverage

55% of lot area max.

Impervious Coverage

75% of lot area max.

   5.9.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.9.E     Parking Regulations

Two (2) enclosed spaces (garage) per dwelling unit on the lot with the dwelling unit. See Section 11.2, Off-Street Parking and Loading Requirements.

   5.9.F     Side Yard Regulations

1.     Side setback shall be as no less 10' on one side and 8" on the other, as shown in Section 5.9.C. Dwellings shall be no closer than ten feet, eight inches (10'8") between the faces of exterior walls of neighboring dwelling units.

2.     No roof overhang, gutter or extension from a wall will be allowed to extend into a neighboring property.

3.     The closest exterior roofline to an adjacent property shall be storm guttered if the general slope of the roof falls toward the neighboring property.

4.     Each lot shall provide a minimum of three feet (3') to the adjacent lot as an access or use easement. This easement shall be designated in the side yard adjacent to the adjoining lot's zero side yard. The purpose of this easement is to give the adjoining owner access for maintenance of his dwelling.

5.     The building wall(s) which are located adjacent to the “zero” side of the lot shall not have any doors, windows, ducts, grills, vents, or other openings and shall not have exterior walls forming enclosures for courts, patios, or similar indentations to the “zero” wall.

   5.9.G     Rear Yard Regulations

Twenty feet (20') for structures accommodating required off-street parking if provided access from a dedicated or private alley.

   5.9.H     Site Plan Requirement

An application for change in zoning to the “PH” Patio Home district shall be accompanied with a site plan that clearly illustrates the development concept of the land being rezoned. In addition, any property zoned “PH” that has had a site plan at the time of zoning shall have a site plan approved by the City, upon recommendation of the Planning and Zoning Commission, prior to issuing any building permit for new construction.

   Section 5.10     TH - Townhome District
   5.10.A     General Purpose & Description

The TH, Townhome District provides for the development of attached residential dwelling units in structures built to accommodate two to eight units per structure. Residential density in the TH District allows a medium-range density not to exceed twelve (12) units per gross acre. Open space is encouraged in this District.

   5.10.B     Permitted Uses

Uses permitted in the TH District are outlined in Article 4, Permitted Uses.

   5.10.C     Height; Area; Yard; and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the TH Zoning District.

Height and Area Regulations

TH District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

15 ft. minimum

Street Side

20 ft. minimum

Rear Yard

20 ft. minimum

If more than one story & adjacent to SF district

40 ft. minimum

Front Yard

20 ft. min.

Lot Size

2,500 sq. ft. minimum

Lot Depth

100 ft. minimum

Lot Width

20 ft. minimum

Dwelling Area

 

Two Bedroom

650 sq. ft. minimum

Ea. Add. Bedroom

150 sq. ft. minimum

Maximum Density

12 D.U./gross acre

Building Coverage

55% of lot area max.

Impervious Coverage

70% of lot area max.

   5.10.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.10.E     Parking Regulations

Two (2) enclosed spaces (garage) per dwelling unit. See Section 11.2, Off-Street Parking and Loading Requirements.

   5.10.F     Site Plan Requirement

An application for change in zoning to the TH Townhome district shall be accompanied with a site plan that clearly illustrates the development concept of the land being rezoned. In addition, any property zoned TH that has not had a site plan approved at the time of zoning shall have a site plan approved by the City, upon recommendation of the Planning and Zoning Commission, prior to issuing any building permit for new construction.

   Section 5.11     MF - Multiple-Family Residential District
   5.11.A     General Purpose & Description

The MF, Multiple-Family Residential District is an attached residential district intended to provide a residential density of eighteen (18) dwelling units per gross acre. The principal permitted land uses will include multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this District. This District should be located adjacent to a major street and serve as a buffer between retail/commercial development or heavy automobile traffic, and medium or low density residential development.

   5.11.B     Permitted Uses

Uses permitted in the MF District are outlined in Article 4, Permitted Uses.

   5.11.C     Height; Area; Yard; and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the MF Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

MF District

Max. Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

15 ft. minimum

Street Side

25 ft. minimum

2 stories adjacent to SF district

30 ft. min. (See Section 5.11.D)

Rear Yard

30 ft. minimum

2 stories adjacent to SF district

40 ft. minimum (See Section 5.11.D)

Front Yard

25 ft. minimum

Lot Size

10,000 sq. ft. minimum

Lot Depth

120 ft. minimum

Lot Width

80 ft. minimum

Dwelling Area

 

Two Bedroom

650 sq. ft. minimum

Ea. Add. Bedroom

150 sq. ft. minimum

Maximum Density

18 D.U./gross acre

Building Coverage

50% of lot area maximum

Impervious Coverage

70% of lot area maximum

   5.11.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.11.E     Parking Regulations

1.     Two and one-half (2-1/2) spaces per unit. See Section 11.2, Off-Street Parking and Loading Requirements.

   5.11.F     Structure Separation

1.     From main structure to main structure with openings for doors or windows on facing facades, twenty feet (20')

2.     From main structure to main structure without openings, ten feet (10').

3.     From main structure to accessory buildings or pools, ten feet (10').

   5.11.G     Refuse Facilities

4. [sic] Every dwelling unit shall be located within two hundred fifty feet (250') of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk or for more than one dwelling.

5.     All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies. Repair to damaged walls and gates shall be effected within 30 days of notification of such damage.

   5.11.H     Site Plan Requirement

An application for change in zoning to the “MF” Multi-family district shall be accompanied with a site plan that clearly illustrates the development concept of the land being rezoned. In addition, any property zoned “MF” that has not had a site plan approved at the time of zoning shall have a site plan approved by the City, upon recommendation of the Planning and Zoning Commission, prior to issuing any building permit for new construction.

   Section 5.12     MH - HUD-Code Manufactured Housing District
   5.12.A     General Purpose and Description

The purpose of this district is to provide adequate space and restrictions for the placement of HUD-Code manufactured homes in the City within designated subdivisions. This does not include mobile homes as defined in this ordinance. The MH District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH District. No HUD-Code manufactured home shall be allowed on any parcel or lot except on parcels or lots within the MH District.

   5.12.B     Permitted Uses

Uses permitted in the MH HUD-Code Manufactured home district shall be in accordance with the listed uses in Article 4, Permitted Use Table.

   5.12.C     Height; Area; Yard; and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations for the MH Zoning District.

(Ordinance 16-65 adopted 12/6/16)

(Ordinance 20-12 adopted 2/4/20)

Height and Area Regulations

MH District

Maximum Height

Not to exceed 35 ft.

Side Yard

 

Interior Lot

8 ft. minimum

Street Side

15 ft. minimum

Rear Yard

25 ft. minimum

Front Yard

25 ft. minimum

Lot Size

7,500 sq. ft. minimum

Lot Depth

120 ft. minimum

Lot Width

50 ft. minimum

Unit Size

1,200 sq. ft. minimum

Building Coverage

50% of lot area max.

Impervious Coverage

70% of lot area max.

   5.12.D     Additional Height

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 standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

   5.12.E     Yard Requirements for Secondary Nonresidential Structures

In the MH District, no carport, garage, storage building, office, or caretaker's dwelling, laundry house, or other permitted structure may be located closer than ten feet (10') from any side or rear property line. Such structures shall also be subject to front yard requirements above.

   5.12.F     Parking Requirements

Each Manufactured Home constructed after the effective date of this Ordinance shall contain and maintain either a detached or an attached fully enclosed garage. In no case shall such garage consist of less than four hundred and sixty-two (462) square feet of floor space with minimum interior measurements of at least 21 feet by 22 feet. The number of required parking spaces shall be in accordance with Section 11.2, Off-Street Parking and Loading Regulations.

   5.12.G     Development and Installation Regulations

Any property developed within the MH district as a HUD-Code Manufactured Home or as a manufactured housing subdivision shall meet the following requirements:

1.     HUD-Code Manufactured Homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer's specifications.

2.     HUD-Code Manufactured Homes must have a minimum of an eighteen-inch crawl space under all homes.

3.     A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited.

4.     Each HUD-Code manufactured home site shall have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance installed adjacent to each site.

5.     HUD-Code Manufactured Homes shall have permanent steps installed at all exits.

6.     Skirting shall be securely attached between the HUD-Code Manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice-type skirting is prohibited.

7.     Construction, placement, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department.

8.     Sanitation, fire protection, and underground utility services shall be provided to each lot in accordance with City ordinances and regulations.

9.     Ingress and egress to the property shall be provided in accordance with City ordinances and regulations.

10.     Drainage and garbage collection rights-of-way, fire lanes, and utility easements shall be provided as required by the City. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service.

11.     Soil conditions, groundwater level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.

12.     HUD-Code Manufactured Home subdivisions shall be developed at densities comparable to adjacent residential uses, or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the City Council upon recommendation of the Planning and Zoning Commission.

13.     Any structural alteration or modification of a HUD-Code Manufactured Home after it is placed on the site must be approved by the Chief Building Official of the City of Granbury. All structural additions shall comply with the City's building codes and ordinances.

   5.12.H     Site-Built Additions

The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in order to increase the compatibility with conventional single-family housing in the City.

   5.12.I     Accessory Building and Structure Regulations

Area regulations for accessory buildings or accessory structures shall be in compliance with Section 11.10, Accessory Building & Use Regulations.

   5.12.J     Interior Drives

1.     The use of private interior drives must be approved by the City Council upon recommendation of the Planning and Zoning Commission.

2.     Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of twenty-eight (28) feet.

3.     Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the City of Granbury Subdivision Regulations.

4.     All private interior drives, entrances, and service drives shall be constructed in accordance with City design standards and shall have a six (6) inch rolled curb and gutter of concrete meeting the street standards of the City of Granbury. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures that may be needed.

5.     All parking areas and public streets shall be of concrete or asphalt construction, as approved by the City Engineer.

   5.12.K     Underground Utilities

All utility lateral and service lines located within the MH District shall be installed underground.

   5.12.L     Open Space Area

Open space designated for the use and enjoyment of all residents shall be provided within a HUD-Code Manufactured Home subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.

   5.12.M     Screening

A solid opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-Code Manufactured Home subdivision which do not abut a dedicated street. Said screening wall or fence shall be of a decorative construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the City Council upon recommendation of the Planning and Zoning Commission. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.

   5.12.N     Preservation Of Site Assets

1.     When developing a HUD-Code Manufactured Home Subdivision, the following steps shall be taken to preserve on-site assets:

2.     Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall be preserved and protected where practicable.

3.     Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be re-graded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction.

4.     Drainage engineering plans for drainage shall be submitted for review by the City at the time of site plan approval. All applicable requirements of the City shall be met.

5.     HUD-Code Manufactured Home Sales: HUD-Code Manufactured Home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.

   Section 5.13     BC - Business Commercial District
   5.13.A     General Purpose & Description

The “BC” Business Commercial District is established to create a District for office and professional uses and for limited retail uses intended for use by residents of nearby neighborhood areas to supply day-to-day needs and personal services. Neighborhood services should be located on a major street and generally utilize a site adjacent to one or more logical neighborhood service areas. The District can be used as a transition district between more intense uses and residential uses. Permitted uses should be compatible with adjacent residential areas.

   5.13.B     Uses Permitted

Uses permitted in the “BC” District as outlined in Article 4, Permitted Use Table.

   5.13.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear) maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the BC Zoning District.

Cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms may project, not to exceed twelve feet (12') beyond maximum building height.

Height and Area Regulations

BC District

Maximum Height

40' at front setback line. Additional height permitted according to Section 5.13.D

Side Yard

(See Section 5.13.E)

Interior Side

20 ft. minimum

Street Side

25 ft. minimum

Rear Yard

30 feet minimum

Front Yard

25 feet minimum

Lot Size

7,000 sq. ft. minimum

Lot Depth

N/A

Lot Width

60 ft. minimum

Building Coverage

25% maximum

   5.13.D     Additional Height

Additional height will be permitted in the “BC” Business Commercial District for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of sixty (60) feet.

   5.13.E     Reduced Yard

If the front of the building is dedicated totally to landscaping, the front or side yard adjacent to the street may be reduced by ten (10) feet.

   5.13.F     Off-Street Parking and Loading Requirements

Off-street parking and loading requirements shall be provided as required by Section 11.2, Off-Street Parking and Loading Requirements.

   5.13.G     Landscaping Requirements

Landscaping requirements shall be provided as required by Article 8, Landscaping Requirements.

   5.13.H     Sign Requirements

Sign requirements shall be provided as required by Article 7, Sign Requirements.

   5.13.I     Outdoor Lighting Requirements

Outdoor lighting requirements shall be provided as required by Article 10, Outdoor Lighting Requirements.

   5.13.J     Open Storage

Open storage is prohibited.

   5.13.K     Refuse Facilities

All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies. Repair to damaged walls and gates shall be completed within 30 days of notification of such damage. (also see illustration provided in Section 5.11.G, Refuse Facilities.)

   Section 5.14     LC - Light Commercial District
   5.14.A     General Purpose & Description

The LC - Light Commercial District is established to provide locations for various types of general retail trade, business and service uses to one or more residential neighborhoods. The shopping areas developed within a LC - Light Commercial District should utilize a shopping center concept and be limited to two stories in height. The LC - Light Commercial District and shopping areas should be located generally at the intersection of major thoroughfares and convenient to their residential trade area, with signage compatible with surrounding land use. No open storage is permitted in the LC - Light Commercial District.

   5.14.B     Permitted Uses

Uses permitted in the LC District are outlined in Article 4, Permitted Uses.

   5.14.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the LC Zoning District.

Cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms may project, not to exceed twelve feet (12') beyond maximum building height.

Height and Area Regulations

LC District

Maximum Height

40' at front setback line. Additional height permitted according to Section 5.14.D

Side Yard

 

Interior Side

20 ft. minimum

Street Side

30 ft. minimum

Rear Yard

30 feet minimum

Front Yard

30 feet minimum

Lot Size

7,000 sq. ft. minimum

Lot Depth

100 ft. minimum

Lot Width

60 ft. minimum

Building Coverage

40% maximum

   5.14.D     Additional Height

Additional height will be permitted in the “LC” Light Commercial District for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of sixty (60) feet.

   5.14.E     Off-Street Parking and Loading Requirements

Off-street parking and loading requirements shall be provided as required by Section 11.2, Off-Street Parking and Loading Requirements.

   5.14.F     Landscaping Requirements

Landscaping requirements shall be provided as required by Article 8, Landscaping Requirements.

   5.14.G     Sign Requirements

Sign requirements shall be provided as required by Article 7, Sign Requirements.

   5.14.H     Outdoor Lighting Requirements

Outdoor lighting requirements shall be provided as required by Article 10, Outdoor Lighting Requirements.

   5.14.I     Open Storage

Facilities requiring outdoor display of equipment for rent or sale, open storage of materials, commodities, or equipment the following requirements shall apply:

1.     Material being stored shall be located behind the front building line, except where required by SUP.

2.     Observe all yard requirements.

3.     A screening fence being a minimum of six (6) feet and not exceeding eight (8) feet in height shall be provided.

4.     In all districts where screening of open storage is required, such screening shall be required only for those areas used for open storage. Screening of open storage areas must be solid opaque but may be of materials as approved by the City.

   5.14.J     Refuse Facilities

1.     All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building.

2.     Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations.

3.     The width of the front gate opening of the refuse container enclosure shall provide at least two feet (2') of clearance on both sides of the refuse container.

4.     Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies.

5.     Repair to damaged walls and gates shall be effected within 30 days of notification of such damage. (also see illustration provided in Section 5.11.G, Refuse Facilities.)

   Section 5.15     HC - Heavy Commercial District
   5.15.A     General Purpose & Description

The HC, Heavy Commercial District is intended to provide a centrally located and convenient location for small scale service and commercial related establishments, such as wholesale products, welding shops, flea markets, major automotive repair, upholstery shops, and other heavy commercial uses. Uses in this district may require open, but screened, storage areas for materials. The uses envisioned for the district will typically utilize smaller sites and have operation characteristics which are not compatible with residential uses and some nonresidential uses. Convenient access to major and minor streets is also a primary consideration. The HC - Heavy Commercial District is to be suitable for properties along and adjacent to major streets.

   5.15.B     Permitted Uses

Uses permitted in the HC District are outlined in Article 4, Permitted Uses.

   5.15.C     Height, Area, Yard, and Lot Coverage Requirements

1.     The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the HC Zoning District.

2.     Cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms may project, not to exceed twelve feet (12') beyond maximum building height.

Height and Area Regulations

HC District

Maximum Height

40' at front setback line. Additional height permitted according to Section 5.15.D

Side Yard

 

Interior Side

20 ft. minimum

Street Side

30 ft. minimum

Rear Yard

30 feet minimum

Front Yard

30 feet minimum

Lot Size

6,000 sq. ft. minimum

Lot Depth

100 ft. minimum

Lot Width

50 ft. minimum

Building Coverage

60% maximum

   5.15.D     Additional Height

Additional height will be permitted in the “HC” Heavy Commercial District for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of sixty (60) feet.

   5.15.E     Off-Street Parking and Loading Requirements

Off-street parking and loading requirements shall be provided as required by Section 11.2, Off-Street Parking and Loading Requirements.

   5.15.F     Landscaping Requirements

Landscaping requirements shall be provided as required by Article 8, Landscaping Requirements.

   5.15.G     Sign Requirements

Sign requirements shall be provided as required by Article 7, Sign Requirements.

   5.15.H     Outdoor Lighting Requirements

Outdoor lighting requirements shall be provided as required by Article 10, Outdoor Lighting Requirements.

   5.15.I     Open Storage and Outside Display

Except for new and used automobile dealers and similar facilities requiring outdoor display of vehicles or equipment for rent or sale, open storage of materials, commodities, or equipment the following requirements shall apply:

1.     Material being stored shall be located behind the front building line.

2.     Observe all yard requirements.

3.     A screening fence being a minimum of six (6) feet and not exceeding a maximum of eight (8) feet in height shall be provided.

4.     In all districts where screening of open storage is required, such screening shall be required only for those areas used for open storage. Screening of open storage areas must be solid opaque but may be of materials as approved by the City.

   5.15.J     Refuse Facilities

5. [sic] All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building.

6.     Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations.

7.     The width of the front gate opening of the refuse container enclosure shall provide at least two feet (2') of clearance on both sides of the refuse container.

8.     Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies.

9.     Repair to damaged walls and gates shall be effected within 30 days of notification of such damage. (also see illustration provided in Section 5.11.G, Refuse Facilities.)

   Section 5.16     I - Industrial District
   5.16.A     General Purpose & Description

The I - Industrial District is intended primarily for uses in the conduct of manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses do require accessibility to major highways, rail lines or other means of transportation.

   5.16.B     Permitted Uses

Those uses specified in Article 4, Permitted Uses. However, no permanent use of temporary dwellings, such as travel trailers or mobile homes may be used for on-site dwelling purposes in any industrial district.

   5.16.C     Height; Area, Yard, and Lot Coverage Requirements

1.     The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the I Zoning District.

2.     Cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms may project, not to exceed twelve feet (12') beyond maximum building height.

Height and Area Regulations

I District

Maximum Height

45' at front setback line. Additional height permitted according to Section 5.16.D

Side Yard

 

Interior Side

15 ft. minimum

Street Side

25 ft. minimum

Rear Yard

30 feet minimum

Front Yard

25 feet minimum

Lot Size

7,000 sq. ft. minimum

Lot Depth

100 ft. minimum

Lot Width

60 ft. minimum

Building Coverage

80% maximum

   5.16.D     Additional Height

1.     Additional height will be permitted in the “I” Industrial Use District for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of sixty (60) feet.

2.     Additional height required for scaffolding, towers[,] mechanical equipment, and other structures used in the application of the industrial use, which exceed the height requirement of 60 feet shall be permitted by Special Exception as granted by the Zoning Board of Adjustment.

   5.16.E     Special Setback

Structures requiring railroad access will require a setback from the centerline of the railroad right-of-way that shall be in accordance with applicable State law.

   5.16.F     Off-Street Parking and Loading Requirements

Off-street parking and loading requirements shall be provided as required by Section 11.2, Off-Street Parking and Loading Requirements.

   5.16.G     Landscaping Requirements

Landscaping requirements shall be provided as required by Article 8, Landscaping Requirements.

   5.16.H     Sign Requirements

Sign requirements shall be provided as required by Article 7, Sign Requirements.

   5.16.I     Outdoor Lighting Requirements

Outdoor lighting requirements shall be provided as required by Article 10, Outdoor Lighting Requirements.

   5.16.J     Open Storage and Outside Display

Except for new and used automobile dealers and similar facilities requiring outdoor display of vehicles or equipment for rent or sale, open storage of materials, commodities, or equipment the following requirements shall apply:

1.     Material being stored shall be located behind the front building line.

2.     Observe all yard requirements.

3.     A screening fence being a minimum of six (6) feet and a maximum of eight (8) feet in height shall be provided.

4.     In all districts where screening of open storage is required, such screening shall be required only for those areas used for open storage. Screening of open storage areas must be solid opaque but may be of materials as approved by the City.

   5.16.K     Refuse Facilities

1.     All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building.

2.     Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations.

3.     The width of the front gate opening of the refuse container enclosure shall provide at least two feet (2') of clearance on both sides of the refuse container.

4.     Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies.

5.     Repair to damaged walls and gates shall be effected within 30 days of notification of such damage. (also see illustration provided in Section 5.11.G, Refuse Facilities.)

   5.16.L     Compliance With State Law & Federal Laws

No uses shall be allowed which are prohibited by State law or which operate in excess of State or National environment or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Department of Health, the Texas Natural Resource Conservation Commission, the Texas Commission on Environmental Quality, or any other federal or state regulatory body governing environmental issues or pollution standards.

   Section 5.17     CBD - Central Business District
   5.17.A     General Purpose & Description

The development standards in the CBD District are designed to maintain and encourage development within the central section of the City. Standards for vehicle parking, building setbacks, and building height are similar to those existing on developed properties in this section of the City. Single-, two-, or multi-family uses are permitted within the same structure as the commercial use.

   5.17.B     Permitted Uses

Uses permitted in the CBD District are outlined in Article 4, Permitted Uses.

   5.17.C     Height; Area, Yard, and Lot Coverage Requirements

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions provided in the Height and Area Regulations table for the CBD District.

Height and Area Regulations

CBD District

Maximum Height

45' at front setback line. Additional height permitted according to Section 5.17.D

Side Yard

No minimum

Rear Yard

No minimum

Front Yard

No minimum

Lot Size

No minimum

Lot Depth

No minimum

Lot Width

No minimum

Building Coverage

No minimum or maximum

   5.17.D     Additional Height

Additional height will be permitted in the “CBD” Central Business District for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of sixty (60) feet. Additional height exceeding 60 feet may be permitted by Special Exception as granted by the Zoning Board of Adjustment.

   5.17.E     Off-Street Parking and Loading Requirements

Off-street parking and loading requirements shall not be required. However, when provided, the parking spaces must meet the sizes as provided for parking and drive spaces in Section 11.2, Off-Street Parking and Loading Requirements.

   5.17.F     Landscaping Requirements

Landscaping requirements shall not be required. However, when provided, the landscaping must meet the applicable regulations as provided by Article 8, Landscaping Requirements.

   5.17.G     Sign Requirements

Sign requirements shall be provided as required by Article 7, Sign Requirements.

   5.17.H     Outdoor Lighting Requirements

Outdoor lighting requirements shall be provided as required by Article 10, Outdoor Lighting Requirements.

   5.17.I     Open Storage

Open storage is prohibited.

   5.17.J     Refuse Facilities

1.     All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building.

2.     Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations.

3.     The width of the front gate opening of the refuse container enclosure shall provide at least two feet (2') of clearance on both sides of the refuse container.

4.     Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies.

5.     Repair to damaged walls and gates shall be effected within 30 days of notification of such damage. (also see illustration provided in Section 5.11.G, Refuse Facilities.)

   5.17.K     Conversion of Residential Structures

All residential structures located within the CBD District may be used as commercial or residential uses in accordance with the following conditions:

1.     The residential structure is not altered such that the bathrooms, kitchen, and garage facilities are removed or rendered unusable for a residential structure.

2.     The natural ground cover in the front, side, or rear yards is not removed or paved with a permanent surface as to render it unusable for typical residential purposes.

3.     Any and all signage shall be monument or nameplate type signs. In the event that the use of the structure shall change from commercial to residential, all nonresidential signage shall be removed and the original ground cover shall be returned to the original condition existing prior to placement of the sign.

   5.17.L     Concurrent Use of Commercial and Residential Structures

All commercial structures may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:

1.     Only one residential unit, regardless of square footage of the residential use, may be permitted per commercial structure, except that

2.     More than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed sixty percent of the total square footage of the structure.

   5.17.M     Existing Residential Uses

All legal and valid residential uses existing on the effective date of this ordinance within the Central Business District shall have legal conforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. All expansions or remodels shall comply with the provisions of this ordinance.

   Article 6 - Special Districts

   Section 6.1     PD - Planned Development District
   6.1.A     Central Description & Purpose

The Planned Development District (PD) is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

   6.1.B     Permitted Uses

Any use permitted in this Ordinance shall be permitted in a PD District if such use is specified in the amending Ordinance granting a PD District. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this Ordinance.

   6.1.C     Planned Development Requirements

1.     Development requirements for each PD District shall be set forth in the amending Ordinance granting that PD District and shall include, but may not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

2.     In the PD District, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The particular zoning district must be stated in the granting ordinance. All applications to the City shall list all requested variances from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete).

3.     The Ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of variances in each district or districts and general statement citing the reason for the PD request.

4.     The Planned Development District shall conform to all other sections of this Ordinance unless specifically excluded in the granting ordinance.

5.     The minimum net acreage for a planned development request shall be three (3) acres.

   6.1.D     Establishment

In establishing a Planned Development District in accordance with this section, the City Council shall approve and file as part of the amending Ordinance appropriate plans and standards for each Planned Development District. To facilitate understanding of the request during the review and public hearing process, the Planning and Zoning Commission and City Council may require a Conceptual Plan and/or a Development Plan. A Concept Plan is optional and is considered as being only an informative document that does not represent documentation that initiates an approval process. The applicant may choose to forego preparation and presentation of a concept plan; and may submit a Development Plan, that will represent a part of the official zoning application for Planned Development zoning.

   6.1.E     Development Plan

1.     This plan shall set forth the final plans for development of the Planned Development District and may conform substantially to data presented on a previously submitted Conceptual Plan.

2.     If an agreement cannot be reached by the Commission regarding whether a Development Plan conforms to the original Concept Plan, the Planning and Zoning Commission shall follow the procedures for public hearing for zoning change before final recommendation to the City Council of approval of the Development Plan. Approval of the Development Plan by the City Council shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the Chief Building official for a building permit.

3.     The Development Plan may be submitted for the total area of the PD.

4.     The Development Plan must be recommended for approval by the Planning and Zoning Commission and approved by the City Council as part of the zoning application and shall require public hearings and consideration as any zoning amendment.

(Ordinance 16-65 adopted 12/6/16)

   6.1.F     Contents of the Development Plan

1.     The Development Plan shall include:

a.     A site inventory analysis including a scale drawing showing natural features including:

(1)     water courses, creeks or bodies of water;

(2)     an analysis of planned changes in such natural features as a result of the development;

(3)     a delineation of any flood prone areas.

b.     A scale drawing showing:

(1)     any proposed public or private streets and alleys;

(2)     building sites or lots;

(3)     areas reserved as parks, parkways, playgrounds;

(4)     utility easements;

(5)     school sites;

(6)     street widening and street changes;

(7)     points of ingress and egress from existing streets;

(8)     general location and description of existing and proposed utility services, including size of water and sewer mains;

(9)     the location and width for all curb cuts; and

(10)     the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five feet (5').

c.     A site plan showing those elements as tabulated in Section 11.11.D - Site Plan Elements for proposed building complexes showing:

(1)     the location of separate buildings;

(2)     the minimum distance between buildings;

(3)     the minimum distance between building and property lines;

(4)     street and alley lines;

(5)     the arrangement and provision of off-street parking; and

(6)     the size and location for ingress and egress to any nonresidential uses.

d.     A landscape plan showing:

(1)     turf areas;

(2)     screening walls;

(3)     ornamental planting;

(4)     any wooded areas; and

(5)     trees to be planted.

e.     An architectural plan showing building elevations and signage style to be used throughout the development in all districts. For Planned Development Districts (Section 6.1 - Special Districts) requested by an applicant under this Ordinance, the applicant shall submit to the City a development restriction document approved by the City (‘PD Restriction'); which necessitates that those construction and design standards, voluntarily presented to the Planning & Zoning Commission and City Council to support their development proposal, will be constructed. The PD Restriction will bind those construction design elements, to the property. Construction design elements shall include: building elevations; exterior building materials, their placement and apportionment as depicted on the building elevations; accessory building regulations; sign constructions standards; tree preservation and landscaping standards, parking standards or any construction design standard tabulated on the approved Planned Development or accompanying document. The PD Restriction shall be filed with the approved Planned Development in the Deed Records, Hood County, Texas, and shall be administered by the City as if those construction design elements itemized in the Planned Development, Development Plan, were codified and incorporated with the City of Granbury Zoning Ordinance. Upon recording of the PD Restriction in the Deed Records, Hood County, Texas, the obligation shall be a covenant running with the land and may only be modified or vacated by mutual agreement of the 1.) City, and 2. Owner, Owners Association, other entity which has legal signatory authority to modify or vacate the Planned Development.

f.     All Development Plans may have supplemental data describing standards, regulations or other data pertinent to the development of the PD District which is to be included in the text of the amending Ordinance.

(Ordinance 19-77 adopted 11/5/19)

   6.1.G     Procedure

The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 2.3. This procedure is further expanded as follows for approval of Conceptual and Development Plans.

1.     The Planning and Zoning Commission and City Council may approve the Conceptual Plan and the Development Plan or any section of the Development Plan, separately or jointly in public hearings. A single public hearing for the PD request is adequate when:

a.     The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a Development Plan; or

b.     Information on the Conceptual Plan and attached application is sufficient to determine the appropriate use of the land and the Development Plan will not deviate substantially from it.

2.     The Ordinance establishing the Planned Development District shall not be approved until the Development Plan is approved.

3.     The Development Plan may be approved in sections. When the Plan is approved in sections, then separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required.

4.     A Development Plan shall be submitted for approval within eighteen (18) months after the approval of the Conceptual Plan for some portion of the Conceptual Plan. If a partial Development Plan is not submitted within twelve (12) months, the Conceptual Plan is subject to review by the Planning and Zoning Commission and City Council.

5.     If the project is not started within five (5) years, the Planning and Zoning Commission and City Council may review the original Concept Plan to ensure its continued validity. If the City determines the concept is not valid, a new Concept Plan must be approved prior to issuing a building permit for any portion of the PD District.

6.     Although a public hearing may not be required for the Development Plan, approval by the Planning and Zoning Commission and City Council is still required.

   6.1.H     Consideration

When a PD District is being considered, a written staff report discussing the impact on planning, engineering, water utilities, electric utilities, sanitation, building inspection, tax, police, fire, and traffic may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the City Council.

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 as part of this ordinance.

   Section 6.2     HPO - Historic Preservation Overlay District
   6.2.A     Purpose

The Historic Preservation Overlay (HPO) District provides for a zoning designation within this Ordinance for identifying and protecting structures and sites of historic significance, which are located in the Historic Preservation Overlay District.

The City Council of Granbury hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the Historic Preservation Overlay (HPO) District and other landmarks as designated pursuant to this ordinance represent the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This Section of the Zoning Ordinance is intended to:

1.     Protect and enhance the landmarks and districts which represent distinctive elements of Granbury's historic, architectural, and cultural heritage;

2.     Foster civic pride in the accomplishments of the past;

3.     Protect and enhance Granbury's attractiveness to visitors and the support and stimulus to the economy thereby provided;

4.     Insure the harmonious, orderly, and efficient growth and development of the city;

5.     Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;

6.     Encourage stabilization, restoration, and improvements of such properties and their values;

7.     Protect and preserve the architectural and historical integrity of those properties located within the Historic Preservation Overlay (HPO) District.

   6.2.B     Boundary Description

The boundaries of the Historic Preservation Overlay (HPO) District are delineated on the official zoning map and the Boundary Description map, contained herein. Additional parcels may be added to the official zoning map as sites outside of the original boundary are identified and rezoned.

   6.2.C     General District Regulations & Requirements

The regulations as established in the underlying districts shall apply unless otherwise modified in these district regulations.

   6.2.D     Prohibited Uses

With the exception of the prohibited uses listed below, the uses permitted in the Historic Preservation Overlay (HPO) District shall be those permitted in the underlying Districts shown with this District in Article 4, Permitted Uses. The following uses shall be prohibited in the Historic Preservation District:

1.     Convalescent, Rest, Nursing Home

2.     Athletic Stadium or Field

3.     Cemetery

4.     Halfway House

5.     School, Institutional, Rehabilitation Training

6.     Auto Leasing or Rental

7.     Auto Parts Sales, Outside

8.     Auto Repair, Major

9.     Auto Repair, Minor

10.     Auto Sales, Used

11.     Auto Sales, New

12.     Boat Sales, New or Used

13.     Boat Repair

14.     Motorcycle Sales and Service, New or Used

15.     Recreational Vehicle Sales and Service, New or Used

16.     Trailer Rental

17.     Truck Sales, Heavy

18.     Feed Store

19.     Kennel, with or without Outside Pens

20.     Laundromat, Self-serve

21.     Nursery, Retail with Outside Storage

22.     Paint Shop

23.     Pawn Shop

24.     Tattoo Parlor/Body Piercing Studio

25.     Tattoo Establishment, cosmetic

26.     Veterinarian Clinic, with or without outside pens

27.     Amusement Arcade, including Video and 8-liners

28.     Private Stable

29.     Hospital

30.     Sanitarium

31.     Laboratory, Medical

   6.2.E     Historic Preservation Commission

There is hereby created a commission to be known as the Granbury Historic Preservation Commission.

1.     The City Council shall appoint not more than seven (7) members of the Historic Preservation Commission under the guidelines listed herein:

2.     Members of the Historic Preservation Commission shall elect a chairman annually at its first regular meeting in December.

3.     A minimum of four (4) members of the Commission must be owners of a landmark or of property in a historic district. One member may be a member of the Hood County Historical Commission. The remaining voting members of the Commission must be residents of the City of Granbury or own real property located within the corporate limits of the City of Granbury, Texas; however, this requirement shall not apply to the member representing the Hood County Historical Committee.

4.     The term of membership of the Historic Preservation Commission shall be two (2) years with four members being appointed in even years and three members being appointed in odd years. The City Council may reappoint members as the terms of membership expire.

5.     Three (3) members owning a landmark or property in a historic district and one (1) other member of the Commission shall constitute a quorum.

6.     The Commission shall be empowered to:

a.     Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the Commission.

b.     Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the City Council.

c.     Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the City Council.

d.     Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

e.     Recommend the designation of resources as landmarks and historic districts.

f.     Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this ordinance.

g.     Maintain written minutes which record all actions taken by the Commission and the reasons for taking such actions.

h.     Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

i.     Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

j.     Make recommendations to the city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

k.     Approve or disapprove of applications for Certificates of Appropriateness pursuant to this ordinance.

l.     Prepare and submit annually to the Council a report summarizing the work completed during the previous year.

m.     Prepare specific design guidelines for the review of landmarks and districts.

n.     Recommend the acquisition of a landmark structure by the city government where its preservation is essential to the purpose of this act and where private preservation is not feasible.

o.     Propose tax abatement program(s) for landmarks or districts.

p.     Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council.

q.     Make a recommendation to help determine the eligibility and length of ad valorem tax exemptions for applications, including landmarks submitted under the Historic Neighborhood Improvement Zone Program.

7.     The Commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the Chairman (or mayor) or on the written request of any two Commission members.

   6.2.F     Designated Office for Related Administrative Procedures

The Community Development Department shall serve as the office for the administration of these regulations and advise the Historic Commission on related matters. The City of Granbury, through the Community Development Department, may utilize in-house staff or contract using those individuals whose expertise are required to deliberate on specific, related matters.

In addition, the Community Development Department will be responsible for coordinating the city's preservation activities with those of state and federal agencies and with local state, and national preservation organizations.

   6.2.G     Designation of Historic Landmarks

1.     These provisions pertaining to the designation of historic landmarks constitutes a part of the comprehensive zoning plan of the City of Granbury.

2.     Property owners of proposed historic landmarks shall be notified prior to the Commission hearing on the recommended designation. At the Commission's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.

3.     Upon recommendation of the Commission, the proposed historic landmark shall be submitted to the Zoning Commission within sixty (60) days from the date of submittal of designation request. The Zoning Commission shall give notice and conduct its hearing on the proposed designation within sixty (60) days of receipt of such recommendation from the Commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Granbury. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.

4.     The City Council shall schedule a hearing on the Commission's recommendation to be held within forty-five (45) days of receipt of the recommendation of the Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general zoning ordinance of the City of Granbury.

5.     Upon designation of a building, object, site, or structure as a historic landmark or district, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Hood County, the tax records of the City of Granbury, and the Hood County Appraisal District as well as the official zoning maps of the City of Granbury. The official zoning map shall indicate the designated landmarks with an appropriate mark.

   6.2.H     Designation or Expansion of Historic Districts

1.     The provisions pertaining to the designation or expanding of historic districts constitute a part of the comprehensive zoning plan of the City of Granbury.

2.     Property owners within a proposed historic district shall be notified prior to the Commission hearing on the recommended designation. At the Commission's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district.

3.     The Commission may recommend the designation of a district if it:

a.     Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and,

b.     Constitutes a distinct section of the city.

c.     Upon recommendation of the Commission, the proposed historic district shall be submitted to the Zoning Commission within sixty (60) days from the date of submittal of designation request. The Zoning Commission shall give notice and conduct its hearing on the proposed designation within sixty (60) days of receipt of such recommendation from the Commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Granbury. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.

4.     The City Council shall schedule a hearing on the Commission's recommendation to be held within forty-five (45) days of receipt of the recommendation of the Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearings and make its determination in the same manner as provided in the general zoning ordinance of the City of Granbury.

5.     Upon designation of a historic district the City Council shall cause the designated boundaries to be recorded in the Official Public Records of Real Property of Hood County, the tax records of the City of Granbury and the Hood County Appraisal District as well as the official zoning maps of the City of Granbury. All zoning maps should indicate the designated historic district by an appropriate mark.

   6.2.I     Criteria for the Designation of Historic Landmarks and Districts

A historic landmark or district may be designated or expanded if it:

1.     Possesses significance in history, architecture, archeology, and culture.

2.     Is associated with events that have made a significant contribution to the broad patterns of local, regional, state or national history.

3.     Is associated with the lives of persons significant in our past.

4.     Embodies the distinctive characteristics of a type, period, or method of construction.

5.     Represents the work of a master designer, builder, or craftsman.

6.     Represents an established and familiar visual feature of the city.

   6.2.J     Certificate of Appropriateness Required for Alteration, Demolition or New Construction Affecting Landmarks or Historic Districts, and for Exterior Displays Including Landscaping and Merchandise

No person shall carry out any construction, demolition, reconstruction, alteration (including color of paint), restoration, rehabilitation, or relocation of any historic landmark or any property within the Historic Preservation Overlay (HPO) nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within the Historic Preservation Overlay (HPO) without a Certificate of Appropriateness (C. of A.). Further, no person shall display any landscape or merchandise on the sidewalk within the Historic Preservation Overlay (HPO) without a Certificate of Appropriateness. If the applicant does not make the necessary correction, provide the city all the necessary documentation or does not pay the required fees prior to the published application deadline, the application will be deemed incomplete and not be considered by the City.

Staff may approve a Certificate of Appropriateness (C. of A.) request for those items specifically earmarked for “staff approval” in the published Historic Design Guidelines only, provided that the: 1.) Application is complete and submitted prior to the application deadline, and 2.) All necessary fees have been paid. If, the Historic Preservation Officer does not approve the C. of A. within five (5) calendar days of the application deadline, the application will be automatically scheduled for the next regularly scheduled Historic Commission meeting once the application is deemed complete and all necessary fees are paid.

In requesting staff approval, the Historic Preservation Officer may also choose at his or her discretion to forward the applicant's request to the Historic Commission for a hearing, deliberation and formal approval.

Applicants who have obtained an approved Certificate of Appropriateness (C. of A.) issued by the Historic Commission within the Historic Preservation Overlay (HPO) would not be required to obtain a Special Exception from the Zoning Board of Adjustment (ZBA) regarding Section 11.7 - Exterior Building Materials, Roof and Articulation Standards, as the C. of A. is controlling and shall govern the procedures and requirements administered under Section 11.7.

   6.2.K     Criteria for Approval

In considering an application for a Certificate of Appropriateness, the Commission shall be guided by any adopted design guidelines, and where applicable, the following from The Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings. Any adopted design guidelines and Secretary of the Interior's Standards shall be made available to the property owners of historic landmarks or within historic districts, and will be made available at the City of Granbury's Community Development Department.

1.     Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environments.

2.     The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3.     All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4.     Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5.     Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.

6.     Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7.     The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8.     Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

9.     Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

10.     Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

(Ordinance 16-65 adopted 12/6/16)

   6.2.L     Application Procedure and Fee

1.     Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Commission and shall pay a fee. An application fee shall be collected as established pursuant to the City of Granbury Fee Schedule, as amended. If the application is for a certificate for a sign, the owner shall pay an additional fee if the certificate is approved, according to a fee schedule based on the size of the sign. The schedules are included in a document entitled “Procedures for Granbury Historic Districts and Historic Landmarks Certificate of Appropriateness.” The application shall contain:

a.     Name, address, telephone number of applicant, detailed description of proposed work.

b.     Location and photograph of the property and adjacent properties.

c.     Elevation of drawings of the proposed changes, if available.

d.     Samples of materials to be used.

e.     If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the location of the sign on the property.

f.     Any other information which the Commission may deem necessary in order to visualize the proposed work.

2.     No building permit shall be issued for such proposed work until a Certificate of Appropriateness has first been issued by the Commission. The Certificate of Appropriateness required by this ordinance shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Granbury.

3.     The Commission shall review the application at a regularly scheduled meeting within sixty (60) days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The Commission shall approve, deny or approve with modifications the permit within forty-five (45) days after the review meeting. In the event the Commission does not act within ninety (90) days of the receipt of the application, a permit may be granted.

4.     All decisions of the Commission shall be in writing. The Commission's decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, e.g. building inspection.

5.     Any approved Certificate of Appropriateness that does not have a time limit specified as a condition shall be valid for one (1) year from the date of approval. After one year, the Certificate shall expire and a new application for a separate Certificate of Appropriateness shall be required.

6.     An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city.

(Ordinance 17-31, ex. A, adopted 5/2/17)

   6.2.M     Certificate of Appropriateness Required for Demolition

A permit for the demolition of a historic landmark or property within the Historic Preservation Overlay (HPO) district, including secondary buildings and landscape features, shall not be granted by the building inspector or other designated city official without the review and approval of a completed application for a Certificate of Appropriateness of the demolition by the Commission, as provided for in Sections 6.2.J through 6.2.L of this ordinance.

   6.2.N     Economic Hardship

1.     After receiving written notification from the Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that hardship exists.

2.     When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that:

a.     The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

b.     The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

c.     Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

3.     The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission.

4.     The Commission shall hold a public hearing on the application within sixty (60) days from the date the application is received by the Director of the Community Development Department. Following the hearing, the Commission has thirty (30) days in which to prepare a written recommendation to the (building inspector or other official). In the event that the Commission does not act within ninety (90) days of the receipt of the application, a permit may be granted.

5.     All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Secretary's office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application.

6.     An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city.

   6.2.O     Enforcement

All work performed pursuant to a Certificate of Appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the duty of the building inspector or other official to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness or upon notification of such fact by the Commission and verification by the building inspector or other official, the building inspector or other employee shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.

   6.2.P     Ordinary Maintenance

Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, unapproved paint color, or outward appearance. In-kind replacement of original material or repair is included in this definition of ordinary maintenance.

   6.2.Q     Annual Exterior Inspection

The Historic Preservation Officer, building inspector or other official shall annually inspect exterior of historic landmarks or any property within a historic district to assure compliance with provisions of this ordinance. A file for each property shall be created and reports of annual inspections will be kept on file in the offices of the Community Development of the city.

   6.2.R     Minimum Maintenance

Owners of historic landmarks or any property within a historic district shall keep it in good repair.

   6.2.S     Demolition By Neglect

No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

Examples of such deterioration include:

1.     Deterioration of exterior walls or other vertical supports.

2.     Deterioration of roofs or other horizontal members.

3.     Deterioration of exterior chimneys.

4.     Deterioration or crumbling of exterior stucco or mortar.

5.     Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.

6.     Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

   Section 6.3     HCO - Historic Compatibility Overlay District
   6.3.A     Purpose

The purpose of the Historic Compatibility Overlay (HCO) District is to promote building that is consistent and compatible with the structures located in the Historic Preservation Overlay District. While not necessarily of historic significance, structures and sites within the HCO district shall have construction and area requirements similar to and compatible with the standards provided in the HPO district. The architectural tone of the property located within the Historic Compatibility Overlay District generally reflects the history and traditions of single-family residential construction in Granbury. Although commercial uses may be expected in some areas within the HCO district, residential-type buildings predominate. Therefore, new developments should sensitively relate to the residential architectural traditions and characteristics of Granbury.

   6.3.B     Boundary Description

The boundaries of the Compatibility Overlay District are delineated on the official zoning map and Boundary of Historic Compatibility Overlay Districts map.

   6.3.C     District Design Guidelines

The regulations of the underlying districts should generally apply unless otherwise provided by the regulations contained in Section 6.3, Historic Compatibility Overlay District.

1.     Placement of a building should fit within the range of front and side yard dimensions existing among adjacent buildings or in the blockface, so that the new building is placed in alignment with neighboring buildings.

2.     Off-street parking should not interrupt the continuity of landscaped front yards and should therefore be placed at the rear of the property or behind the building. Driveways should be located perpendicular to the street, so that the character of landscaped front yards is reinforced.

3.     A building should be of appropriate human-scale, with mass and size similar to those in the adjacent blockface or within the historic overlay district. The height of finished floor from grade should be similar to traditional houses in the vicinity, and should be sufficient to suggest a traditional pier-and-beam foundation. The height of the cornice and the roof ridge(s) should also fit within the range of dimensions of traditional or historic residences in the blockface or district.

4.     Roof forms should be sloping, either hipped or gabled, with an eave overhang dimension that reflects traditional roof conditions.

5.     Exterior building materials should reflect the traditional materials of similar buildings in Granbury: wood siding (horizontal lap or novelty siding); limestone or field stone in traditional dimensions and tooling, or brick in traditional dimensions.

6.     New buildings should be designed so that the facade's organization closely relates to surrounding or similar buildings. Spacing and size of window and door openings should be similar to their historic counterparts, as should the proportion of window to wall space.

7.     Provide a one-story entrance porch on the front elevation that is scaled similarly to porches on nearby traditional residential buildings. Porches should be designed in dimensions and proportions adequate to create usable space.

8.     New designs should draw upon the traditions of historic styles and designs in the community, but should be seen as products of their own time while being compatible with the historic environment of the block, neighborhood or community.

   6.3.D     Permitted Uses

Uses permitted in the Historic Compatibility Overlay District shall be those permitted in the underlying Districts shown in Article 4, Permitted Uses.

   6.3.E     Review of Historic Preservation Commission

A Certificate of Appropriateness is not required prior to issuing a building permit in the Historic Compatibility District. The construction of new structures shall be compatible with the guidelines governing the Historic Compatibility Overlay (HCO) District itemized in Section 6.3.C. If the City Manager or his designee feels the guidelines itemized in Section 6.3.C have not been met, they may choose to have the Historic Preservation Commission review the application as a general discussion item prior to issuing a building permit, provided it meets all other development standards. Applicants submitting request which are not in conformance with Section 11.7 - Exterior Building Materials, Roof and Articulation Standards, shall be required to obtain a Special Exception from the Zoning Board of Adjustment as specified herein. The applicant may choose to go before the Historic Commission to obtain advocacy on the request prior to the Zoning Board of Adjustment (ZBA) review and action.

Additionally, the City Manager or his designee may choose to have the Historic Preservation Commission review and approve a Certificate of Appropriateness application prior to the city approving a filed demolition permit for those buildings greater or equal to, fifty (50) years in age.

   Article 7 - Sign Requirements

   Section 7.1     Purpose

The purpose of this article is to provide uniform sign regulations for the City of Granbury and the City's extraterritorial jurisdiction. Its provisions shall be held to be the minimum requirements in the installation, erection, location, alteration, replacing, improving and maintenance of all signs. It is further intended to encourage signs which are well designed; which preserve locally recognized values of community appearance; which protect public investment in and the character of public thoroughfares; which aid in the attraction of shoppers and other visitors who are important to the economy of the city; which reduce hazards to motorists and pedestrians traveling on the public roadways; and thereby to promote the public health, safety and welfare.

   Section 7.2     Administration & Enforcement
   7.2.A     General

1.     Enforcement: The provisions of this article shall be administered and enforced by the Chief Building Official and such representatives as he/she may designate. All other officers and employees of the city shall assist and cooperate with the Chief Building Official in administering and enforcing the provisions of this article.

2.     Violations: Except as otherwise provided in this ordinance, the Chief Building Official shall notify by certified mail an owner of a sign which violates provisions of this ordinance. The owner shall remove the sign or the Chief Building Official is hereby directed to do so according to Section 7.2.G, Authority to Remove Signs.

3.     Permit Required: No person shall erect, reconstruct, alter, relocate or place any sign within the city except as permitted by this article. A separate permit shall be required for a sign for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. All signs shall be constructed and maintained in compliance with this ordinance, the building and electrical codes, and all other applicable ordinances of the City.

4.     Interpretation: All questions of interpretation and enforcement shall be first presented to the Chief Building Official. Any person aggrieved by any interpretation or by any decision or ruling of the Chief Building Official under this ordinance, shall have the right to appeal such decision or ruling as set forth in Section 7.2.H, Right to Appeal of this ordinance.

5.     Maintenance: All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. No sign shall be altered, rebuilt, enlarged, extended, replaced, or relocated, nor shall a sign face be renewed or neon tubing be rearranged when the value of such work exceeds twenty-five ($25.00) dollars, except on the issuance of a permit by the Chief Building Official. No sign damaged by windstorm or natural causes may be repaired without first securing a permit.

6.     Inspections: All signs for which permits are required shall be subject to inspection by the Chief Building Official. Footing inspections may be required by the Chief Building Official for all signs having footings. All signs containing electrical wiring shall be subject to the provisions of the governing electrical code, and the electrical components used shall bear the label of an approved testing agency. The Chief Building Official may order the removal of any sign that is not maintained in accordance with the provisions of this section. All signs may be re-inspected at the discretion of the Chief Building Official.

7.     Plans Required: Two sets of construction plans shall be submitted with a sign permit application. One set of plans and specifications shall be retained by the Chief Building Official for a period of not less than ninety (90) days from date of completion of the work. A second set of plans and specifications shall be kept on the site of such work at all times during which the work authorized thereby is in progress.

8.     Noncommercial Signs: Notwithstanding anything contained in this article to the contrary:

a.     Any sign that may display a commercial message may contain a noncommercial message; and

b.     Any sign that may display one type of noncommercial message may contain any other type of noncommercial message.

(Ordinance 16-65 adopted 12/6/16)

9.     Abandoned or obsolete means a sign:

Which, for at least ninety (90) consecutive days, has not identified or advertised a bona fide business, lessor, service, owner, product, or activity, or advertised a time which has passed or an event which has occurred; or

Which has been dilapidated for thirty (30) days or more; or

Which the city cannot determine the identity of a legal owner.

10.     Dilapidated sign means a sign which is decayed, deteriorated, or which has fallen into partial ruin that: Has any portion of the finished material or surface of the message portion of the sign that is visibly faded, flaked, broken off, missing, cracked, splintered, or defective or that is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or

Has an element, structural support, or frame member that is visibly bent, broken, dented, torn, twisted, leaning, or at angles other than those at which it was originally erected

11.     Chief Building Official (CBO) means the acting Chief Building Official or his or her designee.

12.     Sign structure means any part of a sign including the base, supporting columns or braces, display surface, or any other of its appendages.

(Ordinance 19-88 adopted 12/3/19)

   7.2.B     Sign Permit Fees

1.     Fees Required: All signs erected in the City shall be subject to fees as set forth in the fee schedule as adopted by the City Council.

2.     Double Permit Fees: The application fee or a sign permit shall be doubled when the installation or alteration of a sign is commenced or completed before the necessary permit is obtained.

   7.2.C     Fines for Noncompliance

Violators of any provision of this Article shall be subject to fines set forth in this Ordinance and/or signs may be removed by agents and employees of the city pursuant to the procedure set forth in Section 7.2.G and may be either stored or destroyed without liability to the city or its agents or employees. The owner of a sign confiscated by the city may claim the sign remaining in the custody of the city upon payment to the city of an administrative fee as set forth in the City Fee Schedule as approved by City Council.

   7.2.D     Nonconforming Signs

Any sign in existence in the city on July 15, 2003 or on the date of annexation and not in conformity herewith, is hereby declared to be a legal nonconforming sign, and shall conform to the following:

1.     Repairs on legal nonconforming signs shall be limited to a maximum repair value of 60% of the cost of new construction.

2.     Any repair cost that exceeds 60% of the cost of new construction will require removal of the nonconforming sign.

3.     Any structural change, alteration, modification, or change in the name, design, letters, message or other matter on the nonconforming sign, shall require the sign to be brought into conformity with the requirements of this ordinance unless otherwise exempt by Section 7.2.E or Section 7.5.E.

   7.2.E     Exempt Signs

Signs erected on private property owned by a church or school and advertising the primary use shall be exempt from the zoning district requirements contained within Section 7.5.A - Sign Table under the heading “Districts Permitted.” All other sign requirements shall apply.

The following signs and actions shall be exempt from all requirements of this Article:

1.     Seasonal decorations.

2.     Signs erected by the City, State, or Federal government for the purpose of public instruction, street or highway designation, control of traffic, and/or similar uses incidental to the public interest.

3.     U.S., Texas or Patriotic Flags.

4.     Painting, repainting, or cleaning of an advertising structure or message thereon for which no structural changes are required. Electrical wiring work of any kind shall not be included as part of this exemption.

5.     Traffic-control signs on private property, such as Stop, Yield, and similar signs, and which contain no commercial message.

6.     Community directional signs advertising events, services, real estate, businesses or similar items and activities, erected under an “Agreement for Services” executed by the City Council. The “Agreement for Services” may include requirements for construction, installation, duration, maintenance or management of the approved directional signs.

7.     The changing of advertising copy or message on a painted or printed sign, including theater marquee signs and similar signs specifically designed for the use of replaceable copy, change of face panel, or where the sign frame was designed for replaceable plates, shall not require a permit. This exemption does not allow for the changing of an existing plate or a panel to an Electric Message Board sign or other specialty type of advertising.

   7.2.F     Prohibited Signs

The following signs are prohibited:

1.     Portable Signs, any vehicle (operable or inoperable) or trailer, skid, or similar mobile structure fitted, designed and placed for the purpose of commercial advertising along roadway frontages;

2.     Roof signs;

3.     Signs located on towers or features that do not function to support the primary use of the building and project above the predominant roof line of the portion of the building occupied by the primary use;

4.     Off-Premise signs located within the City of Granbury or within the City's extraterritorial jurisdiction (ETJ), including off-premise billboard signs, unless permitted by Section 7.5.E or exempted by Section 7.2.E;

5.     Any sign designed to be used as a portable sign shall not be altered for use as a permanent sign;

6.     Snipe Signs;

7.     All signs or other forms of advertising in or over public street rights-of-way, public easements, alleys or upon any utility pole, except those signs that are exempt pursuant to Section 7.2.E, Exempt Signs;

8.     Signs that contain flashing lights that resemble emergency lights, strobe lights or any light(s) which may resemble a governmental emergency beacon or traffic-control device;

9.     Pole Signs and Billboards, unless permitted by Section 7.5.E;

10.     Signs which prevent free ingress to or egress from any door, window, or fire escape;

11.     Signs erected or displayed in such a manner as to obstruct free and clear vision at any location, street, intersection, or driveway;

12.     Signs illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic or to adjoining residential uses in residentially zoned properties;

13.     Obscene signs in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.

(Ordinance 16-65 adopted 12/6/16)

   7.2.G     Removal of Abandoned, Obsolete, Dilapidated, Unsafe and Dangerous Signs and Supporting Structures

It shall be the duty of the Chief Building Official (CBO) to observe and make note of the facts regarding all signs in violation of this article. If in the opinion of the CBO, any sign that is determined to be in violation of this ordinance shall be subject to the following:

1.     Removal of abandoned, obsolete and dilapidated signs and supporting structures. The owner, agent, or person in control of any premise on which there is displayed or maintained an abandoned, obsolete or dilapidated sign or supporting structure or the owner or person in control of an abandoned or dilapidated sign or supporting structure shall comply with the following requirements:

a)     Any abandoned, obsolete or dilapidated sign or dilapidated supporting structure is an unlawful sign and may be removed by the city in compliance with Article 7 of the city's zoning ordinance and the owner may be prosecuted or be enjoined from continuing such violation. Any sign that is abandoned, obsolete or dilapidated shall be removed.

b)     If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, the supporting structure shall be removed.

c)     It shall be a rebuttable presumption that a sign is abandoned if it meets the definition of an abandoned or obsolete sign.

2.     Removal of unsafe or dangerous signs and structures. The owner, agent, or person in control of any premise on which there is displayed or maintained an unsafe or dangerous sign or supporting structure or the owner or person in control of an unsafe or dangerous sign or supporting structure shall comply with the following requirements:

a)     Any unsafe or dangerous sign is an unlawful sign and may be removed by the city in compliance with Article 7 of the city's zoning ordinance and the owner may be prosecuted or be enjoined from continuing such violation. Any sign that is unsafe or dangerous shall be removed.

b)     Notwithstanding any other provision of this chapter, the CBO may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. display, placement or maintenance, if located; otherwise, the notice may be affixed to the sign or other prominent place on the premises likely to come to the attention of the owner of the sign or premises.

c)     Upon removing an unlawful sign, the CBO shall send notice to the owner of the premises where such sign was located that the sign was removed and requesting payment of the removal and hauling costs plus an administrative fee of three hundred fifty dollars ($350.00), less any amount received in disposal of the sign, and less the value of the sign at the time the CBO removed it or caused it to be removed. Any net costs remaining unpaid after thirty (30) days from the date the notice is mailed are delinquent and incur interest at ten (10) percent per annum.

(Ordinance 19-88 adopted 12/3/19)

   7.2.H     Right to Appeal

The owner of a sign or sign structure, or his duly authorized agent, may appeal an administrative decision of the Chief Building Official to the Zoning Board of Adjustment. An appeal may be heard by the Zoning Board of Adjustment on any of the following matters:

1.     The mode or manner of proposed construction;

2.     The materials to be used in the erection or alteration of a sign or sign structure;

3.     Whether the provisions of this article apply;

4.     Whether an equivalent or more desirable form of construction can be employed;

5.     Whether the true intent and meaning of this article or any of the regulations thereunder have been misconstrued or wrongly interpreted.

Notice of appeal shall be made in writing and filed within thirty (30) days after the decision is rendered by the Chief Building Official.

   Section 7.3     General Regulations

1.     Signs in the Historic Preservation Overlay: Persons erecting or installing or causing to be erected or installed signage within the Historic Preservation Overlay must obtain a Certificate of Appropriateness from the Historic Preservation Commission pursuant to Article 6, Section 6.2 - Historic Preservation Overlay (HPO) District, contained herein, unless exempted under Section 7.2.E subsections 1–7. The provisions of this section (Article 7, Sign Regulations) shall not supersede Article 6, Section 6.2 - Historic Preservation Overlay (HPO) District, contained herein, which is controlling and shall govern the procedures and requirements for signs within the Historic Preservation Overlay and properties which have a historic landmark.

2.     Site Plan: Whenever a site plan is required, in addition to all other requirements of the site plan as stated in Section 11.12 [Section 11.11], Site Plan Approval, the site plan shall show the proposed location of any signs to be erected on the property and shall define the size and height of the signs with dimensions and elevation views.

3.     Existing Signs: The area of all existing signs to remain on the premises occupied by the establishment shall be reported by the applicant and shall be added to the proposed new sign(s). The total area of existing and proposed signs shall constitute the total sign area to determine compliance with these regulations.

4.     Placement of Sign: With the exception of banners advertising public events authorized and/or sponsored by the City and exempt signs pursuant to Section 7.2.E, Exempt Signs, no sign may be erected or placed in any public right-of-way, alley, or easement or upon any utility pole. Nor shall any sign overhang the property line into a public right-of-way or onto an adjacent property. The Chief Building Official without notice may remove any signs so erected or placed in accordance with Section 7.2.G(2).

5.     Street Visibility Triangle: No sign or other advertising structure shall be erected in the 25' by 25' visibility triangle at the intersection of two streets. The street visibility triangle is formed by the property lines and a diagonal line connecting them at points twenty-five feet (25') from the intersection of the property lines. Any sign projecting into the visibility triangle shall have a minimum of eleven feet (11') ground clearance or a maximum overall height of two feet (2') above the level of the curb of the nearest abutting street.

6.     Driveway Visibility Triangle: No sign or other advertising structure shall be erected in the 7' by 60' visibility triangle at the intersection of a driveway with a street. The driveway visibility triangle is formed by the property line, the edge of the driveway and a diagonal line connecting a point seven feet (7') along the edge of driveway from the right-of-way and a point 60 feet along the right-of-way line from the edge of driveway. Any sign projecting into the visibility triangle shall have a clearance of at least ten feet above the centerline grades of the intersecting streets.

7.     Interference with Traffic: No sign shall be erected at any location where, by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal device; or which makes use of the words “stop,” “go,” “caution,” “look,” “danger,” or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse vehicular or pedestrian traffic.

8.     Wind Pressure: All signs shall be designed and constructed to withstand wind pressure of not less than 80 mph wind load factor and shall be constructed to receive loads as required by the Building Code.

9.     Sign Buffer Area: The width of a wall sign shall not exceed 60% of the store front width and shall be centered on the store front or over the main entrance. No sign shall be located closer than 3' to the edge of the building or adjoining storefront.

10.     Signs in the extraterritorial jurisdiction (ETJ): No off-premise sign, including billboard advertising signs, may be erected within the extraterritorial jurisdiction of the City of Granbury unless permitted by this Ordinance. Any off-premise sign within the ETJ in existence on November 6, 2002, is hereby declared to be a legal nonconforming use and shall be required to conform to the provisions of Section 7.2.D of this Article governing nonconforming signs. No other signs within the ETJ shall be regulated by the City.

   Section 7.4     Permit Requirements

No sign shall hereinafter be erected, constructed, enlarged, altered, or removed and replaced except as otherwise provided by this code, until a permit for same has been issued by the Chief Building Official. Further, no repair requiring removal of a sign from its supporting structure and no structural repair shall be performed until a permit for same has been issued by the Chief Building Official.

1.     Application: Application for a sign permit shall be made in writing by the party installing or constructing the sign upon forms furnished by the Chief Building Official. Standard plans reflecting the proposed scope of work may be filed with the Chief Building Official. Such application shall contain the following:

a.     Three sets of plans drawn to a scale of one inch (1") equals twenty feet (20')

b.     A description of the proposed sign;

c.     Any existing signs on the property;

d.     All existing buildings on the property;

e.     The location by street and number of the proposed sign structure;

f.     The distance from the sign to the property line;

g.     The distance from the curb to the sign;

h.     Size and height of the sign;

i.     Whether the sign is an electrical sign;

j.     The existing zoning of the property where the sign is to be placed;

k.     The name, address and telephone number of the owner;

l.     The name, address and telephone number of the registered contractor erecting the sign. The contractor must be registered in the City of Granbury in accordance with Section 7.6, Registration;

m.     The Chief Building Official may require the filing of plans or other pertinent information where, in his opinion, such information is necessary to ensure compliance with this article;

n.     All required application fees as established by the permit fee schedule established by the City of Granbury City Council.

2.     Application Review: The application, plans and specifications filed by an applicant for such a permit shall:

a.     Be reviewed by the Chief Building Official and officials of other City departments as deemed necessary by the Chief Building Official.

b.     Upon issuance of the permit, the Chief Building Official shall endorse in writing or stamp on all sets of plans and specifications “Checked for Code Compliance.”

c.     The Chief Building Official may issue a permit for work on a portion of a sign before the entire plans and specifications for the complete sign have been submitted, provided adequate plans and specifications and other information have been filed complying with all pertinent requirements of this code. The issuance of a permit for any portion of a sign shall not prohibit the Chief Building Official from thereafter denying a permit for the remainder of a sign which does not comply with the requirements of this code or any other laws.

3.     Expiration: Every permit issued by the Chief Building Official under the provisions of this code shall be subject to the following:

a.     The permit shall expire by limitation and become null and void if the work authorized by the permit is not commenced within ninety (90) days from the date of issuance of the permit or if the work authorized by the permit is suspended or abandoned for a period of one hundred twenty (120) days at any time after the work is commenced.

b.     Before work can be recommenced, a new permit must be obtained.

c.     The fee for the permit shall be one-half (1/2) of the amount required for the original application for the permit, provided no changes have been made in the original plans and specifications for the work and that the suspension or abandonment has not exceeded one year.

4.     Suspension Or Revocation Of Permit: The Chief Building Official or his/her designee may in writing suspend or revoke a permit issued under the provisions of this Article whenever such permit is issued in error or issued on the basis of incorrect information or where work is done in violation of this Article or any other law.

5.     Effect of Permit: The issuance of a permit shall not be construed to be a permit for or an approval of any violation of any provisions of this Article or any other law. No permit presuming authorizes [sic] violation or cancellation of provisions of this Article or any other law shall be valid. The issuance of a permit based upon plans and specifications shall not prevent the Chief Building Official from thereafter requiring the correction of errors in such plans and specifications or from preventing work from being carried on thereunder when in violation of this Article or any other law.

6.     Required Sticker for Temporary Signage: All permitted, temporary signage shall be affixed with a sticker provided by the Chief Building Official. The sticker shall be displayed on the front of the sign and identify the approved size and dates the temporary signage may be displayed. Failure to affix the required sticker may result in the removal of the sign.

   Section 7.5     Sign Types

Sign types are listed below and shall be as shown on the illustration entitled “Sign Types.” Sign types are defined in Section 12.3.C, Sign Definitions.

   7.5.A     Sign Table - See “Table Of Permanent/Temporary Signs”
   7.5.B     Permanent Sign Types

Permanent sign types shall include the following:

1.     Nameplate

2.     Primary Wall

3.     Secondary Wall

4.     Commercial Monument, and Multi-Tenant Monument Sign

5.     Menu Board

6.     Message Board

7.     Integral Signs

8.     Monument, Freestanding

9.     Canopy

10.     Mural

11.     Enclosed Frame/Changeable Copy

12.     Multi-Family Entry Monument

13.     Subdivision Entry Monument

14.     Window

15.     Commercial Directional

   7.5.C     Temporary Sign Types

Temporary sign types shall include the following:

1.     Banner, Horizontal

2.     Banner, Vertical

3.     Banner, Multi-Family Unit(s) for Rent/Lease

4.     Commercial Complex Sale or Lease - Freestanding Sign

5.     Commercial Unit(s) Sales/Lease - Wall Sign

6.     Community Service

7.     Decorative Flag

8.     Flag Poles

9.     Flags

10.     Garage and Yard [Sale] Signs

11.     New Business

12.     New Commercial Building

13.     Real Estate Land Sale

14.     Realty Signs

15.     Residential Construction

16.     Weekend Builder's Advertising

17.     Inflatable Advertising/Balloons

18.     Decorative Pennants (Streamers)

19.     Community Special Event (added 9/2/2014)

Table of Permanent Signs

Type Of Sign

Permit

Districts Permitted

Maximum Advertising Area

Maximum Sign/ Structure Height

Number Of Signs Per Street Frontage

Setback

Requirements

Wall, Primary (Attached)

Yes

BC, LC, HC, I, CBD

10% of primary wall area, 200 sq. ft. maximum

Top of parapet wall or roof eave height

N/A

Total sign area can be composed of multiple signs

N/A

2 wall maximum

Wall, Secondary (Attached)

Yes

BC, LC, HC, I, CBD

50% of allowed primary wall sign area, 100 sq. ft. of maximum

Top of parapet wall or roof eave height

N/A

Sign area can be composed of multiple signs

N/A

2 wall maximum

Commercial Monument Sign (A)

Yes

BC, LC, HC, I, CBD along Type “A” Corridor

200 sq. ft.

20'

1 freestanding monument sign per lot

10 ft.

Exposed pole prohibited. Monument sign shall be masonry w/ decorative cap to match or complement building. 20% of the surround may be alternative, accent material. The sq. footage of landscaping around the base of the monument shall equal the sq. footage of the sign area. (See Comm. Monument Sign - Article 12.) The masonry wrapping the advertising area shall not exceed 100% nor fall below 30% of the commercial advertising area.”

Commercial Monument Sign (B)

Yes

BC, LC, HC, I, CBD along Type “B” Corridor

120 sq. ft.

10'

1 freestanding monument sign per lot

10 ft.

Same as above.”

Commercial Multi-tenant Monument (A) (Minimum of 3 or more tenants)

Yes

BC, LC, HC, I, CBD along Type “A” Corridor

250 sq. ft.

25'

1 freestanding monument sign per lot

10 ft.

Same as above.”

Commercial Multi-tenant Monument (B) (Minimum of 3 or more tenants)

Yes

BC, LC, HC, I, CBD along Type “B” Corridor

150 sq. ft.

12'

1 freestanding monument sign per lot

10 ft.

Same as above.”

Monument Sign

Yes

BC, LC, HC, I

75 sq. ft.

7'

1 freestanding sign @ each street frontage, 2 maximum per site

10 ft.

Exposed pole prohibited. Monument sign shall be masonry w/ decorative cap to match or complement building. 20% of the surround may be alternative, accent material. The masonry wrapping the advertising area shall not exceed 100% nor fall below 30% of the commercial advertising area.

Multi-tenant Monument, Sign (Minimum of 3 or more tenants)

Yes

BC, LC, HC, I

100 sq. ft.

8'

1 freestanding sign @ each street frontage, 2 maximum per site

10 ft.

Exposed pole prohibited. Monument sign shall be masonry w/ decorative cap to match or complement building. 20% of the surround may be alternative, accent material. The masonry wrapping the advertising area shall not exceed 100% nor fall below 30% of the commercial advertising area.

Message Board

Yes

BC, LC, HC, I

Same as commercial monument regulations

Same as commercial monument regulations

Same as commercial monument regulations

10 ft.

See Section 7.5.E

Canopy (covering gas pumps, drive-thru lanes or parking areas)

Yes

BC, LC, HC, I, CBD

50% of allowed primary wall sign area of building, 100 s.f. max.

Top of canopy fascia

On 2 sides of canopy only

10 ft.

Canopies not considered separate buildings for signage purposes. Gasoline Pricing Signs are permitted.

Mural

Yes

BC, LC, HC, I, CBD

Not applicable

Not applicable

Not applicable

N/A

No name, logo, text or slogan. Murals are considered art, not advertising.

Enclosed Frame/Changeable Copy (non LED)

Yes

BC, LC, HC, I

8 s.f. with no dimension greater than 4 ft.

Not applicable

2 per wall max., 4 per site max.

10 ft.

Enclosed frame permanently attached to wall

Nameplate

Yes

BC, LC, HC, I

1 sq. ft.

N/A

1 per wall max

10 ft.

May display the name and profession of the occupant of the building, only.

Multifamily Entry Monument

Yes

MF, TH

75 sq. ft.

7 ft.

1 per “main” entrance

10 ft.

(See Article 10, Outdoor Lighting Requirements)

Subdivision Entry Monument

Yes

RE, R-12, R10, R-8.4, R-7, PH, TH, MF, MH

75 sq. ft. each

7 ft.

1 pair per “main” entrance

10 ft.

(See Article 10, Outdoor Lighting Requirements)

Landscaped Sign

Yes

BC, LC, HC, I

2 sq. ft. per lineal foot of adjacent street frontage

5 ft.

1 landscaped sign@ each street frontage, 2 maximum per site

Permitted landscaping bed

Plantings to create the landscaped sign shall count towards the minimum landscape requirements.

Window

Yes

BC, LC, HC, I, CBD

20% of window area 40% allowed in HPO

N/A

N/A

N/A

N/A

(Ordinance 16-65 adopted 12/6/16)

Table of Temporary Signs

Type of Sign

Permit

Districts Permitted

Maximum Area

Maximum Height

Time Limit

Setback

Requirements

Banner, Horizontal

Yes

BC, LC, HC, I, IH

50 sq. ft. on Corridor A & B, 12 sq. ft. all other streets

Highest point of bldg. wall, excluding roof

180 days per year

N/A

1/75' of street or store frontage, maximum of 3.

10- or 30-day periods.

Non-illuminating

Banner, Vertical

Yes

BC, LC, HC, I, CBD, IH

12 sq. ft.

35 ft. max.

180 days per year

10'

50 ft. min. spacing, 100 ft. min. street frontage

Banner, Multifamily Units for rent

Yes

MF, TH, IH

50 sq. ft.

Highest point of bldg. wall

60 days per year, in 10-day alternating periods.

N/A

One per street frontage with max. of 2.

Non-illuminating

Commercial Complex (Freestanding Sale or Lease)

Yes

BC, LC, HC, I, IH

50 sq. ft.

6 ft.

Until Complex sold or leased, Not to exceed 90 days

N/A

One Sign.

Non-illuminating

Commercial Units (Sale or Lease Wall Sign)

Yes

BC, LC, HC, I, IH

12 sq. ft.

Highest point of bldg. wall

Until Complex sold or leased, Not to exceed 90 days

N/A

One Sign per unit.

Non-Illuminating

Community Service

Yes

ALL

N/A

N/A

Not to exceed 30 days of any 90-day period.

10'

Non-Illuminating. No more than 7 locations about the City.

Pennants, Decorative

Yes

BC, LC, HC, I, CBD, IH

N/A

Highest point of Roofline

90 days per calendar year

10'

Permitted for Grand Openings of new businesses only.

Decorative Flag

Yes

BC. LC, HC, I, IH

6 sq. ft.

25 ft. max.

Not to exceed 30 days of any 90-day period

10'

1 flag per 40 lineal feet of street frontage, 8 flag max.

Flag Poles

Yes

ALL

N/A

30 ft.

N/A

10'

N/A

Flags (Noncommercial)

No

ALL

None

N/A

N/A

10'

N/A

Balloons (Inflatable Advertising)

Yes

LC, HC, I , IH

N/A

35 ft. max.

Maximum of 14 days.

IH, LC & I - 1 per year, HC - 3 per year

10'

Only one inflatable per lot at a time.

Garage/Yard Sale

Yes

ALL

N/A

N/A

May be erected no more than 48 hrs. prior to event. Must be removed prior to 48 hrs. after event.

5'

On-Site only. No off-premise signs without property owner consent.

New Business

Yes

BC, LC, HC, I, CBD, IH

50 sq. ft.

Highest point of bldg. wall

90 days - Once only for term of business

10'

One Sign per Lease Space, On bldg. No Lighting

Outdoor Sales or Rental Advertising

Yes

HC, I, IH

50 sq. ft., plus an additional 50 sq. ft. per 150 feet of street frontage

7 ft.

90 days per year.

On-premise only - 0'

Only permitted for uses and facilities requiring outdoor display of vehicles or equipment for rent or sale. 10- or 30-day periods.

Political

No

ALL

50 sq. ft.

15 ft.

30 days prior to and 10 days after election

10'

On Private Property, Non-Illuminating. See Section 7.2.A(8).

Realty /Development - Single Lot, Single/2 Family Districts Nonilluminating realty signs, temporary in nature, advertising real estate for sale or lease or announcing contemplated improvements

No

IH, RE,

R12, R10, R8.4, R7, PH, TH, MD1

8 sq. ft.

4 feet

Concurrent with sale or completion of construction

Behind property line

1 per lot

Realty /Development - Commercial, Multifamily and Residential Subdivisions Nonilluminating realty signs, temporary in nature, advertising real estate for sale or lease or announcing contemplated improvements

No

BC, LC, HC, I, CBD, MF. All SF Districts if associated with an approved subdivision containing 20 or more lots

32 sq. ft.

8 feet

Concurrent with sale or completion of construction. Signs in MF or SF districts shall be removed prior to the issuance of a final inspection for final unit within development or before the issuance of a permanent subdivision entry or Multifamily entry sign (monument sign)

Behind property line

1 per lot or 1 per street frontage if advertising an approved subdivision containing 20 or more lots

Nonilluminating Community Special Event Signs, temporary in nature, advertising special events like festivals or other community events, any type of temporary sign may be used as long as the sign meets Texas Department of Transportation (TXDOT) standards. See Article 12.3.C Sign Definitions for further information under “Temporary Signs for Community Special Events” (added 9/2/2014)

Yes from TXDOT; and a temporary sign permit from the City must be obtained. City must also review and accept TXDOT permit before the sign(s) are installed.

All zoning districts

As per TXDOT requirements

As per TXDOT requirements

As per TXDOT requirements or 72 hours whichever is first after the event is over. Unsafe and out-of-date signs shall be removed immediately by governing authorities.

As per TXDOT requirements

As per TXDOT requirements and in accordance with the Policy and Requirements for Community Special Event Signs including Banners as administered by the City of Granbury

(Ordinance 16-65 adopted 12/6/16; Ordinance 18-57 adopted 9/4/18)

SIGN CORRIDOR MAP

(Ordinance 18-50, ex. A, adopted 9/4/18)

   7.5.D     Regulations Governing Sign Measurement

1.     Measurement of Detached Signs: The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projections of the furthermost points of any logo, letters, or other symbols, composed of the total area of the message, and any border, trim or surface upon which the message is displayed. One sign area will be calculated for a detached sign no matter how the message is displayed. The sign structure shall not be included in the sign area unless there is a sign displayed thereon. Vertical measurements on detached freestanding signs shall be measured from the adjoining average grade to the top of the structure or structure's sign cap.

2.     Measurement of Attached Signs: The sign area for a attached on-premise sign shall be the area included within the vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed.

3.     Sign Separation on Wall Signs: The Sign separation must be 3' from an adjoining sign.

   7.5.E     Specialty Signs

1.     Electronic Message Board Signs (EMB) or LED Signs: EMB or LED signs shall only be allowed on and comprise no greater than 25% of the advertising area of the permanent, freestanding monument sign. This shall not include Gasoline Pricing Signs. In addition, an EMB or LED sign is subject to the following restrictions:

a.     Any change of pictures or information on the EMB or LED sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation.

b.     Any change of pictures or information on the EMB or LED sign shall not change more often than once each three seconds for those portions of the sign which convey time or temperature, or once each 20 seconds for all other portions of a sign.

c.     Any application for EMB or LED signs along state highways must be accompanied with a certificate of approval of such sign from the State Department of Transportation in accordance with state law.

d.     No animation of any type or flashing light, or “spell on” display mode is allowed on any EMB or LED sign.

e.     Every EMB or LED sign shall be equipped with an automatic dimmer device.

f.     All EMB or LED signs shall be equipped with a glare screen.

g.     Any malfunctioning EMB sign must be turned off or display a blank screen until repaired.

2.     Manual Billboard Conversion to LED Billboard: Any billboard sign whose copy is manually changed and in existence in the City or ETJ on July 5, 2011, or on the date of annexation and not in conformity herewith, shall be permitted to be converted to a digitally operated billboard subject to the following restrictions:

a.     A manual copy change billboard may be converted to a digital billboard only when an additional manual copy change billboard located within the City of Granbury or City's ETJ is removed. This in no way shall permit the erection of a new billboard of any type but solely allow the conversion from a manual to digital billboard after the removal of a second billboard (2:1 ratio). A permit shall not be issued for the conversion of a manual copy change billboard to a digital billboard until the second manual copy change billboard has been completely removed.

b.     Any change of pictures or information on the digital billboard shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation.

c.     Any change of pictures or information on the digital billboard shall not change more often than once each three seconds for those portions of the sign which convey time or temperature, or once each 8 seconds for all other portions of a sign for commercial or non-emergency messages.

d.     No animation of any type or flashing light, or “spell on” display mode is allowed on the proposed digital billboard.

e.     The proposed digital billboard shall be equipped with an automatic dimmer device.

f.     The proposed digital billboard shall be equipped with a glare screen.

g.     If the proposed digital billboard malfunctions, the sign must be turned off or display a blank screen until repaired.

   Section 7.6     Registration

1.     Registration: Any person, firm, business or other organization requesting a sign permit shall be a registered contractor with the City of Granbury. Each registration shall be renewed annually on or before January 1. Each application shall be accompanied by fees as set forth in the city fee schedule as adopted by the City Council[.]

2.     Electrical Qualifications: Any person performing electrical work on a sign or any part of a sign must obtain an electrical permit from the City and be a registered Master Electrician or Master Sign Electrician with the City of Granbury.

   Section 7.7     Construction Criteria

1.     Attachment To Fire Escape: No sign shall be attached in any manner to any fire escape or to the support members of any fire escape, nor shall it be guyed to or supported by any part of a fire escape.

2.     Location Near Utilities: Any person, persons, company or corporation erecting signs shall obtain site clearance from each utility entity, before installation.

3.     Identification Marking Required: All electrical signs shall bear the name of the contractor, accompanied by amperage and voltage, attached in such a way as to be easily visible by observation from the ground.

4.     Interference: No sign shall be so erected as to block, partially block, or interfere in any way with any window or any required means of exit.

5.     Accumulation of Rainwater: All signs shall be so constructed as to prevent the accumulation of rainwater in the seams.

6.     Electrical Raceways and Conduits: Electrical transformer boxes and raceways are required to be concealed from public view. If a raceway cannot be mounted internally, the exposed metal surfaces of the raceway should be finished to match the background or integrated into the overall design of the sign. If raceways are necessary, they should be as thin and narrow as possible. All exposed conduit and junction boxes should also be concealed from public view.

   Article 8 - Landscape Requirements

   Section 8.1     Purpose

It is the purpose of this section to establish certain regulations, practices and principles relating to landscaping within the City. These regulations pertain to nonresidential uses located in residential districts, uses within the MF zoning district as well as nonresidential uses in the IH, BC, LC, HC and I zoning districts. These landscape practices and principles provide regulations, standards and criteria for new landscaping and retention of existing trees, while encouraging the use of xeriscape practices which inclusively are intended to:

1.     Promote the value of property, enhance the welfare, and improve the physical appearance of the City;

2.     Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and unvegetated surfaces within the urban environment;

3.     Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City.

4.     Provide for the use of xeriscape practices and principles, by recognizing the benefits of drought-tolerant plants and water conservation.

   Section 8.2     Events Causing Compliance

This Section establishes landscaping requirements in all zoning districts and for all Specific Uses. Land uses not previously subject to landscaping requirements may be required to comply with this Section upon the occurrence of one of the following events:

1.     A change in zoning;

2.     Requirement of landscaping as conditions of a Specific Use Permit;

3.     An expansion or intensification of a use, whereby the existing irrigated landscaped area is proposed to be reduced;

4.     Building footprint expansion whereby the use of the property affected by the expansion is changed or intensified;

5.     Issuance of a building permit for a new building or structure;

6.     Loss of legal nonconforming status.

   Section 8.3     Landscape Plan Requirements
   8.3.A     Landscape and Irrigation Plan Required

1.     The landscape plan may be prepared by the applicant or applicant's designee. The landscape plan is not required to be prepared by a registered or certified professional. The irrigation plan must be prepared in accordance with adopted local State policy and will need to be approved by the City prior to any development permitting activity. An irrigation plan is not required to be submitted with the landscape plan or during the concept design phase but will need to be submitted with or prior to building plan approval.

2.     The landscape plan must be submitted as a part of the site plan or a separate submittal as required. However, a landscape plan meeting the requirements of this ordinance shall be provided and approved prior to the issuance of a building permit or prior to issuance of a certificate of occupancy.

3.     The landscape plan shall contain the following information:

a.     Drawn to scale;

b.     North arrow;

c.     Date of plan submittal;

d.     Location, size and species of all trees to be preserved. The method of preservation during the construction phase of development shall be according to Section 8.3.D [Section 8.3.E], Tree Protection;

e.     Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, topography, ponds/lakes, or other landscape features;

f.     Size and type of all plant material to be used;

g.     Layout and description of irrigation, sprinkler or water system, including placement of water sources;

h.     Description of maintenance provisions of the landscape plan;

4.     If conventional irrigation is not proposed, then a description of an alternative irrigation method shall be submitted in place of the irrigation plan. The approved alternate irrigation method shall be adequate to maintain the health of the plant material during initial growing season.

5.     Validation of using alternative irrigation measures to sustain healthy plantings shall be the burden of the applicant or designer of the landscape plan. In such case, the applicant shall obtain confirmation from a registered landscape architect that the approved species of plantings may be sustained by the alternative irrigation measures proposed. A note shall also be standard on the plan stating that all dead or decaying plantings will be promptly replaced by the property owner. In this event replacement trees must also be confirmed by a registered landscape architect as sustainable by the alternative irrigation.

6.     The irrigation plan shall be prepared by a licensed irrigator.

7.     The irrigation plan shall contain at a minimum the following:

a.     Layout and description of the complete irrigation, sprinkler or water system, including placement of water sources, cross-connection control measures, spray heads, drip irrigation lines, rain sensors, station layout and all other components of the irrigation system.

b.     Persons responsible for the preparation of the irrigation plan including the licensed irrigators shall stamp or seal, sign and date the plan.

(Ordinance 16-65 adopted 12/6/16)

   8.3.B     Landscape Installation Required

1.     Twenty percent (20%) of the total land area in any proposed development or construction that occurs for any use after the effective date of this ordinance shall be landscaped. This twenty percent (20%) requirement shall apply to each phase as it is developed.

2.     The minimum plantings for every 1,000 square feet of required landscape area shall be one 3" caliper or larger canopy tree, two ornamental trees and six shrubs or ornamental grasses. No single species shall make up 100% of each different plant type in the landscape area.

3.     One 3" or larger caliper canopy tree is required for every 50 feet of frontage and these trees are in addition to the overall tree requirement.

4.     Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as they may hereafter be amended when that phase is developed.

5.     Artificial plants or turf are expressly prohibited.

6.     Alternative species of trees may be used upon approval by the Director of Community Development or his designee.

7.     An irrigation system must be provided.

8.     Sites that were developed prior to the adoption of Ordinance 01-819, and do not comply with the requirements of this article and are, under the terms of section 8.2, required to provide landscaping, the minimum standards in this subsection shall apply.

a.     A minimum of ten percent of total lot area must be devoted to landscaping. Grass, groundcover, trees, shrubs, flowering and non-flowering plants, stonework, and water features may all be used as components of required landscaping in conjunction with the following minimum planting standards:

(1)     Grass and/or groundcovers shall not be allowed to comprise over 50 percent of any required landscape area.

(2)     The credits listed in section 8.3.J shall be used to calculate the area occupied by a tree, or shrub. Trees and shrubs used to comply with minimum landscape requirements shall not be credited toward area reduction requirements set forth is section 8.3.J.

(3)     No additional area reduction credits shall be allowed for landscape required under the terms of section 8.3.J.

(4)     Any expansions or reconfigurations of paved areas shall comply with section 8.3.I.

(5)     When landscape buffers are required in accordance with section 8.3.G and cannot be achieved practically due to existing site constraints, a 6 foot, opaque screening fence or equivalent vegetative screening may be utilized along the property line in lieu of the required landscape buffer.

(6)     An irrigation plan is required in accordance with section 8.3.

(Ordinance 20-59 adopted 11/3/20)

   8.3.C     Location Criteria

1.     No less than forty percent (40%) of the total landscaping area and planting materials shall be located in the designated front yard. Parcels that are adjacent to more than one roadway may count the street yards of all adjacent roadways towards satisfying the front yard requirement.

2.     In the I - Industrial zoning district, only the front-yard forty percent (40%) of the total twenty percent (20%) of required landscaping shall be required. The rear and side yard landscape requirements may be waived upon submittal of a landscape plan showing compliance with all other requirements.

3.     There shall be a fifteen (15) foot landscaping buffer located along the right-of-way of the delineated commercial corridors on the Landscaped Corridor Map. No buildings shall be located within this landscape buffer. All landscaping that occurs within this 15-foot buffer shall be included within the landscape calculation toward meeting the landscape requirements contained in Article 8, Landscaping Requirements.

4.     The one 3" or larger caliper canopy tree required for every 50 feet of frontage must be located in the front yard, however the spacing of the trees may be variable to allow for driveways, clustering and sight distances.

5.     As per Article 7 of this ordinance landscape planting is required around monument signs and shall count towards total landscaping requirement and towards front yard landscaping requirement.

6.     All landscape material shall comply with visibility requirements of the Granbury Subdivision Regulations.

(Ordinance 16-65 adopted 12/6/16)

LANDSCAPED CORRIDOR MAP

(Ordinance 18-50, ex. A, adopted 9/4/18)

   8.3.D     Tree Survey

A tree survey shall be provided for any new construction prior to permit issuance. A tree survey will also be required for any remodeling/construction that proposes to enlarge the footprint of the structure and/or requires a building permit.

1.     This requirement is limited to sites which are located in any nonresidential district or for any nonresidential use located in a residential district.

2.     The tree survey shall be provided prior to any construction, including any earthwork on any site.

3.     The survey shall be submitted with the building permit application, or may be submitted prior to the building permit application if the applicant so desires. As soon as the Director of Community Development approves the tree survey, earthwork may be initiated in accordance to the discretion of the Director of Community Development; however, no work may be initiated on structural elements of the building without an approved building permit.

4.     The tree survey shall show the exact location of the tree, size of the tree measured by diameter, and the common name of all trees of a 6" caliper or height of 7 feet.

   8.3.E     Tree Protection

Unless otherwise approved in writing by the Chief Building Official, the following procedures shall be followed on all construction projects to protect existing trees to be preserved in order to satisfy the requirements of this Section:

1.     All preserved trees shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet (4') or more so that the tape is very visible to workers operating construction equipment.

2.     A protective fencing may be required by the Chief Building Official for trees to be preserved if the trees are located so close to the construction area that construction equipment will infringe upon the root systems. The fence will be placed between the trees and the construction activity in a manner to ensure that the tree roots, up to the drip line, will be protected from construction equipment.

   8.3.F     Landmark Tree

A Landmark Tree shall be any tree that has been designated by the City Council, after recommendation from the Historical Commission, a public hearing, and due notice to the owner of the tree, as a tree of notable historical interest and value to the City of Granbury because of its location or historical association with the community. Its location shall be documented and shall be maintained and updated by the Director of Community Development or authorized designee and made available to the public upon request.

1.     No person, directly or indirectly, shall cut down, destroy, remove, or effectively destroy through damaging, any Landmark Tree on any real property within the City of Granbury without first obtaining approval from the Historic Commission.

   8.3.G     Additional Requirements Adjacent to Residential

1.     A landscape buffer of twenty (20) feet will be required along any property line abutting a RE, R-12, R-10, R-8.4, R-7 and MD-1 residential district.

2.     The method of irrigation must be indicated on site plan.

   8.3.H     Landscaping Within the City Rights-Of-Way

At the option of the owner-developer, and issuance of a permit by the City, the owner-developer may landscape the city rights-of-way easements, including parkways and medians, on public streets adjoining the subject property in accordance with this section and with the following limitations:

1.     Trees located in the public right-of-way shall be located on an average of twenty-five feet (25') on center, and shall be a minimum of three inches (3") in diameter at the time of planting (installing). Trees planted in street rights-of-way must be maintained such that the lowest branches are no lower than six (6) feet above the ground at time of planting, and twelve (12) feet above ground at maturity, in order to allow adequate visibility. TXDOT approval will be required on State rights-of-way.

2.     The trees located in the right-of-way shall not be arranged in a manner to interfere with traffic flow or traffic view, and the decision of the Public Works Department of the City of Granbury shall be final on questions regarding traffic view or traffic safety.

3.     Trees shall not be permitted in streets, alleys or easements containing City's water mains, sanitary sewer mains or drainage improvements.

4.     No trees or vertical plants shall be permitted within ten (10) feet of any fire hydrant.

5.     The owner recognizes that the City or any franchised utility will not be responsible for damage to any landscaping while performing repairs or maintenance to its system.

6.     If the owner-developer elects hereunder to provide landscaping within the right-of-way, this landscaping will count toward the total landscaping required. For each one (1) square foot, exclusive of driveways, sidewalks and paved areas, there shall be allowed a half (1/2) square foot credit against the overall landscaping requirement of twenty (20) percent of the total land area in the development up to a maximum and not to exceed five (5) percent credit of the overall landscaping requirement of twenty (20) percent of the total land area in the development.

   8.3.I     Parking Area Requirements

Landscaping requirements pertaining to parking areas are as follows:

1.     Landscape planting shall not be erected or installed in such a manner to interfere with traffic view or impose safety hazards.

2.     Where parking stalls abut and face the landscaped strip along the street right-of-way, evergreen shrubs must be provided for screening. The screening must be a minimum of three feet high and extend along the entire street frontage of the parking lot, exclusive of driveways and visibility triangles.

3.     A landscaped berm may be provided in lieu of required shrubs. The berm must be eighteen (18) inches to forty (40) inches above the average grade of the street and parking lot curbs with a slope not to exceed 3:1. If the parking stalls are located fifty (50) feet or more from the street right-of-way line, no shrubs or berm will be required.

4.     Interior parking lot landscaped areas must be provided in each parking lot at a minimum average density of one shade tree a minimum of three (3) inches in caliper for each twelve (12) parking spaces. These required trees shall be counted as part of the landscape installation requirements, per Section 8.3.B.1. Additionally, interior parking lot landscaping shall be provided in accordance with the following:

a.     One landscaped parking island (9' x 18') shall be provided for each 12 parking spaces located in the parking lots.

b.     A maximum of twelve parking spaces, per run, may be located without a landscaped island. And a maximum of 20 parking spaces may be provided in one grouping.

c.     Parking lot landscaping shall be met for all tenant, customer and employee parking. Parking lot landscaping requirements do not apply to storage or standing parking spaces incidental to uses such as sales and rental of motor vehicles, mobile homes, boats, trailers or other similar uses.

d.     To calculate the total number of landscaped islands required for interior lot landscaping:

(1)     Determine the total number of parking spaces required for the site,

(2)     Divide that number by 12 to