HomeMy Public PortalAboutOrdinance No. 1296-15 08-18-2015ORDINANCE 1296-15
AN ORDINANCE AMENDING ORDINANCE 1273-14, THE ZONING ORDINANCE OF
THE CITY OF RICHLAND HILLS, TEXAS, BY AMENDING SUBSECTION 1.05.03
RULES OF CONSTRUCTION; SUBSECTION 3.02 USE CHART REGARDING
REGULATIONS FOR GARAGE APARTMENTS, GUEST HOUSES, LIVE-ABOVE
MIXED USES, LIVE/WORK UNITS, MULTIFAMILY RESIDENCES, TOWNHOMES,
SENIOR HOUSING AND SENIOR LIVING FACILITIES, ACCESSORY STRUCTURES,
COMMUNITY CENTERS, CONTRACTOR'S SHOPS AND/OR STORAGE YARDS,
FARMER'S MARKETS, HOTEL/MOTELS, AND TEMPORARY BUILDINGS FOR NEW
CONSTRUCTION; SUBSECTION 3.02.01 CONDITIONAL DEVELOPMENT
STANDARDS; SUBSECTION 4.02 ACCESSORY STRUCTURE STANDARDS
REGARDING REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL
ACCESSORY STRUCTURES, CARPORTS, AND TEMPORARY ACCESSORY
STRUCTURES; SUBSECTION 4.03 SUPPLEMENTARY REGULATIONS
REGARDING REGULATIONS FOR RESIDENTIAL LOT REGULATIONS AND FRONT
YARD SETBACKS; SUBSECTION 6.01 CREATION OF A BUILDING SITE;
SUBSECTION 6.12 ZONING VARIANCE; SUBSECTION 6.13 ZONING SPECIAL
EXCEPTION; AND SECTION 8 DEFINITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS, the City Council of the City of Richland Hills has adopted Ordinance
1273-14, the Zoning Ordinance, which regulates and restricts the location and use of
buildings, structures and land for trade, industry, residence, and other purposes, and
provides for the establishment of zoning districts of such number, shape and area as
may be best suited to carry out these regulations; and
WHEREAS, the City Council has determined that it is in the best interest of the
City of Richland Hills to amend Ordinance No. 1273-14, the Zoning Ordinance; and
WHEREAS, the City has complied with all notices and public hearings required
by law; and
WHEREAS, the Planning and Zoning Commission has forwarded its
recommendation to the City Council for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1
FINDINGS INCORPORATED.
The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2
AMENDMENTS TO ZONING ORDINANCE NO. 1273-14.
The City of Richland Hills Ordinance No. 1273-14, the Zoning Ordinance, is
amended as set forth in Exhibit "A".
SECTION 3
CUMULATIVE CLAUSE.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Richland Hills Municipal Code, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event the conflicting provisions of such ordinances are hereby repealed. To the
extent that the provisions of the City of Richland Hill's various development ordinances
conflict with this ordinance, the terms of this ordinance shall control.
SECTION 4
PENALTY CLAUSE.
Any person, firm, corporation or entity violating this Ordinance or any other
provision of as it exists or may be amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing days' violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
the City of Richland Hills from filing suit to enjoin the violation. The City of Richland Hills
retains all legal rights and remedies available to it pursuant to local, state and federal
law.
SECTION 5
SEVERABILITY CLAUSE.
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The City of Richland Hills hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 6
SAVINGS/REPEALING CLAUSE.
This Ordinance shall remain in full force and effect, save and except as amended
by this or any other ordinance. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the
repeal prevent a prosecution from being commenced for any violation if occurring prior
to the repeal of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 7
EFFECTIVE DATE.
This Ordinance shall become effective from and after its adoption and publication
as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS on this 18th day of August, 2015.
AT EST:
CITY SECRE ARY
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Zoning Ordinance
ZONING ORDINANCE
City of Richland Hills
Adopted May 6, 2014 (Ordinance No. 1273-14)
As Amended Through August 18, 2015 (Ordinance No. 1296-15)
Freese and Nichols, Inc.
2711 North Haskell Avenue
Suite 3300
Dallas, Texas 75204
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City of Richland Hills
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Adoption and Summary of Amendments
Ordinance Number Date of Adoption Summary
1273-14 May 6, 2014 Adoption of new Zoning
Ordinance; amends all previous
Zoning Ordinances in their
entirety.
1296-15 August 18, 2015 Amends Subsection 1.05.03 Rules
of Construction; Subsection 3.02
Use Chart; Subsection 3.02.01
Conditional Development
Standards; Subsection 4.02
Accessory Structure Standards
regarding regulations for
residential and nonresidential
accessory structures, carports, and
temporary accessory structures;
Subsection 4.03 Supplementary
Regulations regarding regulations
for residential lot regulations and
front yard setbacks; Subsection
6.01 Creation of a Building Site;
Subsection 6.12 Zoning Variance;
Subsection 6.13 Zoning Special
Exception; and Section 8
Definitions.
Zoning Ordinance
Section 1. General Provisions ..................................................................................................................................5
Subsection 1.01. Enacting Clause ........................................................................................................................5
Subsection 1.02. Purpose ....................................................................................................................................5
Subsection 1.03. Zoning District Map ..................................................................................................................5
Subsection 1.04. Zoning District Boundaries .......................................................................................................6
Subsection 1.05. Compliance Required/Interpretation/Rules of Construction ..................................................7
Subsection 1.06. Nonconforming Uses, Structures, and Lots .......................................................................... 10
Section 2. Zoning Districts .................................................................................................................................... 14
Subsection 2.01. Zoning Districts Established .................................................................................................. 14
Subsection 2.02. Equivalency Table ................................................................................................................. 14
Subsection 2.03. Residential Zoning Districts ................................................................................................... 15
Subsection 2.04. Nonresidential Zoning Districts ............................................................................................. 29
Subsection 2.05. Special Zoning Districts ......................................................................................................... 39
Section 3. Land Uses ............................................................................................................................................. 43
Subsection 3.01. Use of Land and Buildings ..................................................................................................... 43
Subsection 3.02. Use Chart .............................................................................................................................. 44
Section 4. Site Development Requirements ........................................................................................................ 60
Subsection 4.01. Off-Street Parking and Loading Requirements ..................................................................... 60
Subsection 4.02. Accessory Structure Standards ............................................................................................. 61
Subsection 4.03. Supplementary Regulations .................................................................................................. 66
Subsection 4.04. Performance Standards ........................................................................................................ 70
Section 5. Development Review Bodies ............................................................................................................... 75
Subsection 5.01. City Council ........................................................................................................................... 75
Subsection 5.02. Planning & Zoning Commission ............................................................................................ 76
Subsection 5.03. Board of Adjustment ............................................................................................................. 78
Subsection 5.04. Zoning Administrator ............................................................................................................ 80
Subsection 5.05. Development Review Committee (DRC) ............................................................................... 81
Subsection 5.06. Summary of Approval Authority of Fundamental Applications ........................................... 82
Section 6. Development Review Procedures ....................................................................................................... 83
Subsection 6.01. Creation of Building Site ....................................................................................................... 83
Subsection 6.02. Certificates of Occupancy and Compliance .......................................................................... 83
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Subsection 6.03. Zoning Text and Map Amendments ..................................................................................... 84
Subsection 6.04. Complete Applications .......................................................................................................... 90
Subsection 6.05. Zoning Vested Rights Determination .................................................................................... 92
Subsection 6.06. Site Plan Requirements ....................................................................................................... 100
Subsection 6.07. PD Application and Review ................................................................................................. 104
Subsection 6.08. Specific Use Permit (SUP) ................................................................................................... 109
Subsection 6.09. Amortization of Nonconforming Uses ................................................................................ 112
Subsection 6.10. Reinstatement of Nonconforming Rights ........................................................................... 114
Subsection 6.11. Appeals and the Appeal Process ......................................................................................... 115
Subsection 6.12. Zoning Variance .................................................................................................................. 116
Subsection 6.13. Zoning Special Exception .................................................................................................... 118
Section 7. Administrative Clauses ...................................................................................................................... 120
Subsection 7.01. Savings / Repealing ............................................................................................................. 120
Subsection 7.02. Penalty for Violations .......................................................................................................... 120
Subsection 7.03. Severability ......................................................................................................................... 120
Subsection 7.04. Estoppel / Waiver ............................................................................................................... 121
Subsection 7.05. Publication .......................................................................................................................... 121
Section 8. Definitions ......................................................................................................................................... 122
Zoning Ordinance
Section 1. General Provisions
Subsection 1.01. Enacting Clause
That the Zoning Ordinance, Ordinance Number 1273-14, and Zoning Map of the City of Richland Hills, Texas, as
passed and approved on May 6, 2014, together with all amendments thereto is hereby amended in its entirety to
read as follows.
Subsection 1.02. Purpose
1.02.01. Zoning Ordinance Guiding Principles
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.
1.02.02. Zoning Ordinance Intent
The zoning regulations and districts have been designed to lessen the congestion in the streets; to secure
safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of
land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, wastewater, schools, parks, and other public requirements.
1.02.03. Zoning Ordinance Considerations
The zoning regulations and districts 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. The Comprehensive Plan has been used as a guide to develop the
regulations within this Zoning Ordinance.
Subsection 1.03. Zoning District Map
1.03.01. Zoning Districts Shown on the 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.
1.03.02. Official Zoning District Map
(A) Official Zoning District Map
(1) The Official Zoning District Map shall be labeled the “Official Zoning District Map of the City of
Richland Hills, Texas” and shall be maintained as an electronic file and hard-copy file in the office of
the Zoning Administrator.
(2) The “Official Adoption Date” and the “Last Amended Date” shall be shown on the Official Zoning
District Map.
(3) In case of any question, the above mentioned electronic file shall be controlling.
General Provisions 5
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(B) Maintenance of the Official Zoning District Map
(1) The Zoning Administrator shall be responsible for the care and maintenance of the Official Zoning
District Map.
(2) The Official Zoning District Map shall be used for reference and shall be maintained up-to-date by
incorporating all subsequent amendments enacted by official action of the City Council.
(3) The Zoning Administrator will use all reasonable means to protect the Official Zoning District Map
from damage, and to ensure the accurate restoration of the map file if damage or destruction of the
original file occurs.
(C) Changes or Amendments Reflected on the Map
(1) Any changes or amendments made to the zoning district boundaries shall be incorporated into the
Zoning District Map file promptly after the amendment has been approved by the City Council.
(2) The Zoning Administrator shall maintain a descriptive log of amendments to the map.
(3) The Zoning Administrator will use all reasonable means to ensure that no changes are made to the
Official Zoning District Map without authorization by official action of the City Council.
(D) Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map
(1) In the event that the Official Zoning District Map file becomes damaged, destroyed, lost, or difficult to
interpret for any reason, the City Council may adopt a new Official Zoning District Map by ordinance
following a public hearing.
(2) The new Official Zoning District Map shall replace and supersede any prior Official Zoning District
Map.
(3) As a true replacement map, the new Official Zoning District Map shall not amend or otherwise change
district boundaries or classifications from the prior Official Zoning District Map.
(E) Zoning Map Reproductions
Reproductions for informational purposes may be made of the Official Zoning District Map.
(F) Zoning Map Adoption
By adoption of this ordinance, the Zoning Map shall also be adopted.
Subsection 1.04. Zoning District Boundaries
1.04.01. District Boundary Interpretation Rules
The district boundary lines shown on the Official 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 District Map, the following rules shall apply.
(A) Centerlines
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be
construed to follow such centerline.
(B) Platted Lot Lines
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot
lines.
General Provisions
Zoning Ordinance
(C) City Limits
Boundaries indicated as approximately following City limits shall be construed as following City limits.
(D) Railroad Lines
Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-
way lines.
(E) Shore Lines
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the
event of change in the shore line shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the 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.
(F) Parallel to or Extensions of Features
Boundaries indicated as a parallel to or extensions of features indicated in Subsections (A) through (E)
above shall be so construed. Distances not specifically indicated on the original zoning maps shall be
determined by the scale of the map.
(G) Interpretation of Zoning District Boundaries
Where physical features existing on the ground are in conflict with those shown on the Official Zoning
District Map, or in other circumstances not covered by (A) through (F) above, the Board of Adjustment
shall interpret the district boundaries and require its inclusion on the Official Zoning District Map.
(H) Vacated Public Way
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 vacated area shall be released to the
adjoining properties and the zoning extended to the centerline. Otherwise, the vacated property shall be
rezoned according to Subsection 6.03 Zoning Text and Map Amendments.
(I) Boundary as a Condition of Zoning Approval
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.
Subsection 1.05. Compliance Required/Interpretation/Rules of Construction
1.05.01. Compliance Required
(A) Applicability
Compliance with the Zoning Ordinance shall be required for all land, buildings, structures or
appurtenances located within the City that are hereafter:
(1) Occupied,
(2) Used,
(3) Erected,
(4) Altered,
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(5) Removed,
(6) Placed,
(7) Demolished, or
(8) Converted.
(B) Compliance with Zoning District
The land, buildings, structures or appurtenances described in (A) above shall be 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 Subsection 7.02 Penalty for Violations of this
Ordinance.
1.05.02. Interpretation
(A) Restrictiveness
Where the regulations imposed herein are either more restrictive or less restrictive than the development
standards imposed by any other provision of any other applicable law, ordinance, resolution, rule or
regulation of any kind, the regulations that are more restrictive and impose higher standards are the
requirements that shall govern.
(B) Cumulative Effect
The provisions of these regulations are cumulative and additional limitations upon all other laws and
ordinances heretofore passed or that may be passed hereafter governing any subject matter set forth in
the provisions of these regulations.
(C) Error Correction
In the event that any property or Zoning District set forth on the Zoning District Map as provided in
Subsection 1.03 Zoning District Map of this Ordinance is misnamed, designated incorrectly, the
boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be
amended and/or supplemented according to the following.
(1) Applicants
The property owner of said tract, the City Council, or the Planning & Zoning Commission may submit
an application to the Zoning Administrator to initiate the error correction process.
(2) Process
The error correction shall be processed as a zoning map or text amendment according to Subsection
6.03 Zoning Text and Map Amendments.
(D) Authority to Interpret the Zoning Ordinance
(1) When a question exists to the meaning or interpretation of this Zoning Ordinance, the Zoning
Administrator shall have the authority to determine the intent.
(2) A person aggrieved by the Zoning Administrator’s interpretation may appeal the interpretation to the
Board of Adjustment pursuant to 6.11.01. Appeal of an Administrative Decision.
General Provisions
Zoning Ordinance
1.05.03. Rules of Construction
The language set forth in these regulations shall be interpreted in accordance with the following rules of
construction.
(A) Number
The singular number includes the plural and the plural the singular.
(B) Tense
The present tense includes the past and future tenses and the future the present.
(C) Mandatory and Permissive Language
The word "shall" and "must" are mandatory while the word "may" is permissive.
(D) Gender Terms
The masculine gender includes the feminine and neuter.
(E) Parentheses
Any word appearing in parentheses directly after a word herein defined shall be construed in the same
sense as that word.
(F) Conflicts
If there is an expressed conflict:
(1) The text of this Ordinance controls over the charts or any other graphic display in this Ordinance.
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Subsection 1.06. Nonconforming Uses, Structures, and Lots
1.06.01. Intent of Provisions
(A) Existence of Nonconformities
(1) The purpose of this section is to establish provisions for the allowance and potential alteration of
uses, lots, and/or structures that do not conform to currently applicable standards or regulations, but
that were in conformance with standards in place at the time of their inception, and have been
rendered nonconforming due to a change in the applicable standards and regulations.
(a) Nonconformities occur in three (3) general categories, or combinations thereof:
1. Nonconforming lots as described in 1.06.02. (A)(1) below. For example, a nonconforming lot
can be nonconforming as to lot area or dimension requirement.
2. Nonconforming structures as described in 1.06.02. (A)(1) below. For example, a
nonconforming structure can be nonconforming as to a dimension requirement, masonry
requirement, or landscaping requirement.
3. Nonconforming uses are uses as described in 1.06.02. (A)(1) below. For example, a
nonconforming use can be the actual use, or the parking requirement associated with that
particular use.
(2) It is the declared intent of this section that nonconforming uses and structures eventually be
eliminated and be required to comply with the regulations of the Zoning Ordinance, having due
regard for the property rights of the person affected, the public welfare, and the character of the
surrounding area.
1.06.02. Establishment of Legal Nonconforming Status
(A) Existence
For purposes of interpretation of this subsection, any uses, structures, or lots that in whole or part are not
in conformance with current zoning standards shall be considered as follows.
(1) Legal Nonconforming
Those uses, structures, or lots that in whole or part are not in conformance with current zoning
standards, but were legally established at a prior date at which time they were in conformance with
applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to
the provisions of this subsection.
(2) Illegal Status
Those uses, structures, or lots that in whole or part are not in conformance with current zoning
standards and were not in conformance with applicable standards at the time of their inception shall
not be considered legal nonconforming, but shall be considered illegal uses, structures, or lots and
shall not be approved for any alteration or expansion, and shall undertake necessary remedial
measures to reach conformance with current standards, or be discontinued.
(B) Time of Adoption
Any use, platted lot, or structure that is a lawful use at the time of the adoption of any amendment to this
Ordinance but by such amendment is placed in a district wherein such use, platted lot, or structure is not
otherwise permitted shall be deemed legal nonconforming.
General Provisions
Zoning Ordinance
1.06.03. Burden of Demonstration
The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall
be borne by the owner or proponent of such nonconformity.
1.06.04. Continuing Lawful Use of Property and Existence of Structures
(A) Discontinuance of Nonconforming Use
(1) If a nonconforming use shall cease operations for a period of more than six (6) months, then such
nonconforming use shall be deemed to be permanently discontinued. Unless the Board of
Adjustment reinstates the nonconforming rights pursuant to Subsection 6.10 Reinstatement of
Nonconforming Rights of this Ordinance, such a use shall not be instituted on that parcel or other
parcel in any district that does not permit the discontinued use.
(2) For the purpose of this paragraph, to “cease operations” shall mean to intentionally terminate
operations of the nonconforming use. Any nonconforming use that does not involve a permanent
type of structure or operation and that is moved from the premises shall be considered to have been
discontinued, regardless of intent.
(B) Reinstatement of Nonconforming Use Rights
An owner and/or operator of a nonconforming use that has been deemed permanently abandoned
pursuant to (A) above may request that the nonconforming rights to the use be reinstated pursuant to
Subsection 6.10 Reinstatement of Nonconforming Rights of this Ordinance.
(C) Prohibited Expansion or Reoccupation
A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or
increased as of the effective date of this Ordinance except as provided in 1.06.06. below.
(D) Existing Platted Lots are Conforming Lots
Any existing lot platted prior to May 6, 2014, which was legally conforming, shall be deemed a conforming
lot.
1.06.05. Changing Uses and Nonconforming Rights
(A) Nonconforming Use to Conforming Use
Any nonconforming use may be changed to a conforming use, and once such change is made, the use
shall not be changed back to a nonconforming use.
(B) Nonconforming Use to another Nonconforming Use
A nonconforming use may not be changed to another nonconforming use.
(C) Conforming Use in a Nonconforming Structure
Where a conforming use is located in a nonconforming structure, the use may be changed to another
conforming use by the process outlined in 1.06.06. below.
1.06.06. Expansion of Nonconforming Uses and Structures
An expansion of a nonconforming use or structure is allowed in accordance with the following.
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(A) Nonconforming Use Expansion in Existing Building
(1) A nonconforming use located within a building may be extended throughout the existing building,
provided:
(a) No structural alteration may be made on or in the building except those required by law to
preserve such building in a structurally sound condition; and
(b) The number of dwelling units or rooms in a nonconforming residential use shall not be increased
so as to exceed the number of dwelling units or rooms existing at the time said use became a
nonconforming use.
(2) Nonconforming use within a building shall not be extended to occupy any land outside the building.
(B) Off-Street Loading, Parking, and Landscaping Requirements
Requirements for parking and landscaping for a nonconforming structure shall be as stated in the
Supplementary Ordinances.
(C) Residential Lot Exemption
The minimum residential lot areas for the various zoning districts shall be in accordance with their
respective districts, except that a lot having less area than herein required that was an official "lot of
record" prior to May 6, 2014 may be used for a single-family dwelling.
(D) Nonconforming Building Expansion with Conforming Uses
Buildings or structures that do not conform to the area regulations or development standards in this
Ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than
ten (10) percent from the date when the building became nonconforming. The expansion must be
conforming.
(E) Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed
Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet
the current area regulations or development standards shall be allowed to be reoccupied only by a
conforming use.
1.06.07. Restoration of Nonconforming Structures
(A) Total Destruction
If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt
except to conform to the provisions of this Ordinance.
(B) Partial Destruction
In the case of partial destruction of a nonconforming structure up to fifty-one (51) percent of its total
appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing
square footage or function of the nonconforming structure cannot be expanded.
1.06.08. Movement of Nonconforming Structures
(A) Relocation of a Nonconforming Structure within a Platted Lot
Nonconforming structures may be relocated within the same platted lot.
(B) Compliance
Nonconforming structures shall comply with all setback and screening requirements once relocated.
General Provisions
Zoning Ordinance
1.06.09. Completion of Structures
Nothing herein contained shall require any change in the plans, construction, or designated use of the
following.
(A) Approved Building
A building or structure for which a building permit has been issued or a site plan approved prior to May 6,
2014.
(B) Building in the Approval Process
A building or structure for which a complete application for a building permit was accepted by the
Building Official on or before the effective date of these regulations, provided however, that such building
permit shall comply with all applicable ordinances in effect on the date such application was filed.
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Section 2. Zoning Districts
Subsection 2.01. Zoning Districts Established
The City 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 the following.
Table 1. Zoning Districts Established
Section District Page Number
Residential Zoning Districts
2.03.01. SF-E Single-Family Residential Estate 15
2.03.02. SF-10 Single-Family Residential 17
2.03.03. SF-7 Single-Family Residential 19
2.03.04. MF-1 Two-Family (Duplex) Residential 21
2.03.05. MF-2 Multiple-Family Residential Medium Density 23
2.03.06. MF-3 Multiple-Family Residential High Density 25
2.03.07. MH Manufactured Home (HUD Code) 27
Nonresidential Zoning Districts
2.04.01. P Professional Office 29
2.04.02. R Retail 31
2.04.03. LC Light Commercial 33
2.04.04. HC Heavy Commercial 35
2.04.05. I Industrial 37
Special Zoning Districts
2.05.01. MX Mixed Use 39
Subsection 2.02. Equivalency Table
The following table will identify zoning districts adopted in the previous Ordinance 887-00 and the district that
now applies in this Ordinance to those districts.
Table 2. Zoning District Equivalency
Previous Zoning District Current Zoning District
R-1L Single-Family Residential Large Lot SF-E Single-Family Residential Estate
R-1 Single-Family Residential SF-10 Single-Family Residential
SF-7 Single-Family Residential
R-2 Two-Family Residential MF-1 Two-Family (Duplex) Residential
R-3 Multiple Family Low Density MF-2 Multiple-Family Residential Medium Density
R-4 Multiple Family High Density MF-3 Multiple-Family Residential High Density
MH Manufactured Home (HUD Code) MH Manufactured Home (HUD Code)
C-1 Restricted Commercial P Professional Office
C-2 General Commercial R Retail
C-3 Multi-Story General Commercial Business LC Light Commercial
I-1 Light Industrial HC Heavy Commercial
I-2 Heavy Industrial I Industrial
PB Planned Business District
MCU Municipal Complex Use
MX Mixed Use
Zoning Districts
Zoning Ordinance
Subsection 2.03. Residential Zoning Districts
2.03.01. SF-E Single-Family Residential Estate
(A) Character Description
The SF-E Single-Family Residential
Estate district is established to allow for
larger lots with one-family dwelling
structures per lot. This district is
intended to provide for residential lands
to accommodate more rural settings
and accessory yard uses. Lots should be
generally located in groups, blocks or
areas where the accessory uses of the
land do not either materially or in an
obnoxious manner influence
neighboring properties.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 15
City of Richland Hills
16
(D) Area Regulations
SF-E
Heigh
Front
Side Y
Interi
Side Y
Rear Y
Buildi
Lot W
Lot D
Lot Si
Lot Co
A
B
C
D
E
F
G
Zoning Districts
Zoning Ordinance
2.03.02. SF-10 Single-Family Residential
(A) Character Description
The SF-10 Single-Family Residential
district is a single-family housing district
in the City with lot sizes of
approximately one-quarter of an acre.
Development in this district is limited
primarily to single-family dwellings and
certain community and recreational
facilities to serve residents of the
district.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 17
City of Richland Hills
18
(D) Area Regulations
SF-10 Single-Family Residential
Height 35' maximum
Front Yard 25' minimum
Side Yard -
Interior 10' minimum
Side Yard - Street 15' minimum
Rear Yard 25' minimum
Building Size 1,700 sq. ft. minimum
Lot Width 70' minimum
Lot Depth 120' minimum
Lot Size 10,000 sq. ft. minimum
Lot Coverage 40% maximum
A
B
C
D
E
F
G
Zoning Districts
Zoning Ordinance
2.03.03. SF-7 Single-Family Residential
(A) Character Description
The SF-7 Single-Family Residential
district is a single-family housing district
in the City with the most dense single
family homes at about four to five
homes per acre. Development in this
district is limited primarily to single-
family dwellings and certain community
and recreational facilities to serve
residents of the district.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 19
City of Richland Hills
20
(D) Area Regulations
SF-7 Single-Family Residential
Height 35' maximum
Front Yard 25' minimum
Side Yard -
Interior 8' minimum
Side Yard - Street 15' minimum
Rear Yard 25' minimum
Building Size 1,400 sq. ft. minimum
Lot Width 60' minimum
Lot Depth 100' minimum
Lot Size 7,000 sq. ft. minimum
Lot Coverage 40% maximum
A
B
C
D
E
F
G
Zoning Districts
Zoning Ordinance
2.03.04. MF-1 Two-Family (Duplex) Residential
(A) Character Description
The MF-1 Two-Family (Duplex)
Residential district is established to
stabilize and protect characteristics of
low density residential areas. This
district may be suitable as a buffer zone
between single-family and higher
intensity uses. Development in this
district is limited primarily to single-
family and two-family dwellings, and
certain community and recreational
facilities to service residents of the
district.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 21
City of Richland Hills
22
(D) Area Regulations
MF-1 Two-Family (Duplex) Residential
Height 2 stories maximum, but not to
exceed 35'
Front Yard 25' minimum
Side Yard - Interior 8' minimum
Side Yard - Street 15' minimum
*No Side Yard Setback When Duplex is Located on Zero Lot Line
Rear Yard 25' minimum
Building Size 1,200 sq. ft. minimum
Lot Width
One Dwelling 40' minimum
Two Dwellings 70' minimum
Lot Depth 120' minimum
Lot Size
One Dwelling 7,500 sq. ft. minimum
Two Dwellings 10,000 sq. ft. minimum
Lot Coverage 50% maximum
A
B
C
D
E
F1
G
F2
H1
H2
Zoning Districts
Zoning Ordinance
2.03.05. MF-2 Multiple-Family Residential Medium Density
(A) Character Description
The MF-2 Multiple-Family Residential
Medium Density district is established
to meet the needs for medium density
residential areas where such
development is in concert with area
aesthetics, is environmentally sound, is
compatible to the neighborhood and
promotes the character of the
community.
(B) Permitted Uses
Uses permitted in this district are
outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 23
City of Richland Hills
24
(D) Area Regulations
MF-2 Multiple-Family Residential Medium Density
Height 3 stories maximum, but not to
exceed 45'
Front Yard 25' minimum
Side Yard - Interior 8' minimum
Side Yard - Street 15' minimum
Rear Yard 25' minimum
Building Size None
Unit Size
One-Bedroom 1,000 sq. ft. minimum
Two-Bedroom 1,200 sq. ft. minimum
Three-Bedroom 1,500 sq. ft. minimum
Lot Width 75' minimum
Lot Depth 120' minimum
Lot Size
1-3 Dwelling Units 9,000 sq. ft. minimum
Each additional
dwelling unit 1,500 sq. ft. minimum
Lot Coverage 50% maximum
Density Up to 16 units per gross acre
A
B
C
D
F
G
Zoning Districts
Zoning Ordinance
2.03.06. MF-3 Multiple-Family Residential High Density
(A) Character Description
The MF-3 Multiple-Family Residential
High Density district is primarily
intended as the appropriate designation
for lands suitable for higher impact
development and higher volume traffic,
while serving the residential needs for
higher density living quarters.
(B) Permitted Uses
Uses permitted in this district are
outlined in Subsection 3.02 Use Chart on
page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 25
City of Richland Hills
26
(D) Area Regulations
MF-3 Multiple-Family Residential High Density
Height 4 stories maximum, but not
to exceed 55'
Front Yard 25' minimum
Side Yard - Interior 8' minimum
Side Yard - Street 15' minimum
Rear Yard 20' minimum
Building Size None
Unit Size
One Unit 1,000 sq. ft. minimum
Two Units 1,200 sq. ft. minimum
Three Units 1,500 sq. ft. minimum
Lot Width 75' minimum
Lot Depth 100' minimum
Lot Size
1-3 Dwelling Units 7,500 sq. ft. minimum
For each additional
dwelling unit 1,000 sq. ft. minimum
Lot Coverage 50% maximum
Density Up to 24 units per gross acre
A
C
E
F
G
D
Zoning Districts
Zoning Ordinance
2.03.07. MH Manufactured Home (HUD Code)
(A) Character Description
The purpose of the MH Manufactured
Home (HUD Code) 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 Section 8.
Definitions. This 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 this district.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 27
City of Richland Hills
28
(D) Area Regulations
A
B
C
D
E
F
G
Zoning Districts
Zoning Ordinance
Subsection 2.04. Nonresidential Zoning Districts
2.04.01. P Professional Office
(A) Character Description
The P Professional Office district is
envisioned to maintain its existing
character of smaller-scale buildings and
generally office-type businesses. A blend
of nonresidential uses should be
incorporated, but focus primarily on
office and medical uses. This area
should be oriented toward pedestrians
over vehicles, when possible.
(B) Permitted Uses
Uses permitted in this district are
outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 29
City of Richland Hills
30
(D) Area Regulations
A
C
D
E
F
G
Zoning Districts
Zoning Ordinance
2.04.02. R Retail
(A) Character Description
The R Retail district is intended to
provide locations for various types of
general retail trade, business and service
uses for services to one or more
neighborhoods. These areas should be
safely accessible for pedestrians, but may
be oriented toward auto traffic. Many of
these lots are small in area, and
combining lots (i.e., replatting) within the
district is desirable.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 31
City of Richland Hills
32
(D) Area Regulations
R Retail
Height 35’ maximum
Front Yard 25' minimum
Side Yard - Interior None
Side Yard - Adjacent
to Residential
District
Same as adjacent residential
district
Side Yard - Street 15' minimum
Rear Yard None
Rear Yard - Adjacent
to Residential Lot
Same as adjacent residential
district
Building Size None
Lot Width None
Lot Depth None
Lot Size None
Lot Coverage None
A
C
D
E
G
F
Zoning Districts
Zoning Ordinance
2.04.03. LC Light Commercial
(A) Character Description
The LC Light Commercial district is
intended to provide for a variety of
office, retail, service, and commercial
uses for the purpose of creating a
quality mixture of land uses along the
roadway. Although these may be
heavier uses, the view from major
roadways should be aesthically-
pleasing. Outside storage should be
limited, and adequately screened from
the roadway.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 33
City of Richland Hills
34
(D) Area Regulations
LC Light Commercial
Height 90’ maximum
Front Yard 25' minimum
Side Yard - Interior None
Side Yard -Adjacent
to Residential
District
Same as adjacent residential
district
Side Yard - Street 15' minimum
Rear Yard None
Rear Yard -Adjacent
to Residential Lot
Same as adjacent residential
district
Building Size None
Lot Width None
Lot Depth None
Lot Size None
Lot Coverage None
A
C
D
E
F
G
Zoning Districts
Zoning Ordinance
2.04.04. HC Heavy Commercial
(A) Character Description
The HC Heavy Commercial district is
intended to provide for more intensive
uses, such as light manufacturing and
assembly. These businesses may utilize
outside storage, produce moderate
amounts of noise, and should not be
visible from the City’s major roadways
to preserve the community’s image.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 35
City of Richland Hills
36
(D) Area Regulations
Hei
Fro
Side
Side
Adj
Res
Side
Rea
Rea
Adj
Res
Bui
Lot
Lot
Lot
Lot
A
C
D
E
F
G
Zoning Districts
Zoning Ordinance
2.04.05. I Industrial
(A) Character Description
The I Industrial district is intended
primarily for uses in the conduct of
manufacturing, assembly, and
fabrication, and for warehousing,
wholesaling, and service operations.
Such uses at times may produce
moderate levels of noise, dust, and
smoke.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 37
City of Richland Hills
38
(D) Area Regulations
I Industrial
Height None
Front Yard 25' minimum
Side Yard - Interior None
Side Yard -
Adjacent to
Residential District
Same as adjacent residential
district
Side Yard - Street 15' minimum
Rear Yard None
Building Size None
Lot Width None
Lot Depth None
Lot Size None
Lot Coverage None
A
C
E
F
G
Zoning Districts
Zoning Ordinance
Subsection 2.05. Special Zoning Districts
2.05.01. MX Mixed Use
(A) Character Description
The MX Mixed Use district is intended
to create unique, pedestrian-friendly
areas with a blend of residential and
nonresidential uses. These districts may
include vertical mixed use (typically
residential or office above a retail use)
or horizontal mixed use (individual uses
located adjacent to one another).
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 44.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts 39
City of Richland Hills
40
(D) Area Regulations
MX Mixed Use
Height 4 stories maximum, but not to
exceed 55'
Front Yard 10' minimum
Side Yard - Interior None
Side Yard -
Adjacent to
Residential District
Same as adjacent residential district
Side Yard - Street 10' minimum
Rear Yard None
Rear Yard -
Adjacent to
Residential Lot
Same as adjacent residential district
Building Size None
Lot Width None
Lot Depth None
Lot Size None
Lot Coverage None
Zoning Districts
Zoning Ordinance
2.05.02. SUP Specific Use Permit
(A) General Description and Authorization
The uses listed under the various districts within the Use Chart as Specific Use Permits (SUPs) are so
classified because they may have use characteristics or environmental impacts that could negatively
impact adjacent land uses if not properly planned or buffered.
(1) Consideration for Compatibility
With consideration given to setting, physical features, compatibility with surrounding land uses,
traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing
or planned land uses.
(2) Review and Approval Authorities
(a) The City Council shall review each case on its own merit, apply the criteria established herein,
and, if appropriate, authorize said use by granting a Specific Use Permit for the use.
(b) The Planning & Zoning Commission shall recommend to the City Council approval, approval with
modifications, or denial for each Specific Use Permit.
(3) Time Limit
City Council may choose to place a time limit on an SUP to allow periodic reviews of the impact of the
use on surrounding properties.
(B) Application and Site Plan Required
Application and public hearing procedures for a Specific Use Permit shall be completed in the same
manner as an application for rezoning. A site plan shall be included with the application as outlined in
Subsection 6.06 Site Plan Requirements.
(1) The Planning & Zoning Commission or City Council may require additional information or drawings
(such as building floor plans), operating data and expert evaluation or testimony concerning the
location, function and characteristics of any building or use proposed.
(2) The site plan shall comply with the standards of Subsection 6.06 Site Plan Requirements.
(C) SUP Procedure and Other Regulations
See Subsection 6.08 Specific Use Permit (SUP) for procedures and other regulations.
Zoning Districts 41
City of Richland Hills
42
2.05.03. PD Planned Development
(A) General Description and Purpose
The PD District is a district that accommodates coordinated development that provides a more flexible
regulatory structure than the zoning districts outlined in this Ordinance. A PD may be used to permit new
or innovative concepts in land utilization or diversification than achieved under conventional zoning
approaches. Procedures are established herein to ensure appropriate use of PD zoning.
(1) The PD designation shall be used for the following purpose(s):
(a) Master planning;
(b) To carry out specific goals of the Comprehensive Plan, City or public/private partnered special
projects, and City Council strategic focus areas;
(c) Development of mixed use, transit-oriented, or traditional neighborhoods with a variety of uses
and housing types; and/or
(d) To preserve natural features, open space, and other topographical features of the land.
(2) The PD designation shall not be used solely for the following purpose(s):
(a) To obtain variances and waivers from existing development standards;
(b) To secure agreements between an applicant and nearby property owners to receive zoning
approval; and/or
(c) To assign responsibility to the City of private deed restrictions or covenants.
(B) Permitted Uses
(1) Any use permitted in this Zoning Ordinance shall be permitted in a PD District if such use is:
(a) Specified in the amending ordinance granting a PD District, or
(b) The amending ordinance shall reference a zoning district that will maintain base requirements
for the PD.
(2) The size, location, appearance, and method of operation may be specified to the extent necessary to
ensure compliance with the purpose of this Zoning Ordinance base zoning district.
(3) Unless specified in the amending ordinance, all buildings and uses shall comply with all City
development requirements.
(C) Updated Standards to the Base Zoning District
(1) If the standards of the base zoning district are amended, then the most recently amended standards
shall apply to a PD district unless the standards have been individually listed within the PD adoption
ordinance as being different from the base zoning district.
(2) Base zoning district amendments are applicable to PD districts and do not require special notice to be
provided to the properties within a PD district.
(D) PD Application and Review Process
See Subsection 6.07 PD Application and Review.
Zoning Districts
Zoning Ordinance
Section 3. Land Uses
Subsection 3.01. Use of Land and Buildings
3.01.01. Uses Permitted by District
Land and buildings in each of the zoning districts may be used for any of the indicated uses. No land shall
hereafter be used, and no building or structure shall hereafter be erected, altered, or converted, that is
arranged, designed, or used for purposes other than those uses specified as permitted uses in the district in
which it is located, according to Subsection 3.02 Use Chart and in accordance with Subsection 1.05
Compliance Required/Interpretation/Rules of Construction and the provisions of this Ordinance.
(A) Legend for Use Chart
Base Zoning
P Use is permitted in district indicated
Use is prohibited in district indicated
S Use is permitted in district upon approval of a Specific Use Permit
(#)
Use is permitted in the district indicated (unless otherwise noted) if the use complies
with conditional development standards or limitations in the corresponding numeric
end note in 3.02.01. Conditional Development Standards.
3.01.02. Classification of New and 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. The Zoning Administrator has the authority to classify the use as similar to an
existing use classification. If the Zoning Administrator is unable to classify the use under one of the existing
listed uses, then the Zoning Administrator shall initiate a zoning text amendment pursuant to procedures set
forth in this Ordinance.
Land Uses 43
City of Richland Hills
44
Subsection 3.02. Use Chart
Residential Nonresidential Special Parking
SF
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S
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Residential Uses
Bed and Breakfast Inn S S S
1 space per guest room in addition to
the requirements for a normal
residential use
Caretaker's/Guard's Residence S S S S S S 1 space per sleeping quarters
Garage Apartment S(18) 1 space per unit
Guest House S(19) 1 space per unit
Live-Above Mixed Use (1) Shared parking analysis required
Live/Work Units 2 spaces per dwelling unit
Manufactured Home (HUD Code) P 2 spaces per dwelling unit
Modular (Industrialized) Home (2) (2) (2) (2) (2) (2) (2) 2 spaces per dwelling unit
Multifamily Residence P P S
Studio: 1 space per dwelling unit
1-2 BR: 2 spaces per dwelling unit
3+ BR: 0.5 spaces per add’l bedroom
Parish House or Parsonage P P P P P P P 2 spaces per dwelling unit
Senior Housing S S S S S S S S Independent living: 1 space per unit
Assisted living: 0.5 spaces per unit
Single-Family Residence, Detached P P P P P P P S 2 spaces per dwelling unit
Townhome P P S 2 spaces per dwelling unit, plus 1 per 4
units for guest parking
Two-Family Residence (Duplex) P P P S 2 spaces per dwelling unit
Nonresidential Uses
Accessory Structure P P P P P P P P P P P P P No additional parking required
Airport/Heliport S Site analysis required
Antenna (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) No additional parking required
Antique Shop and Used Furniture S P S 1 space per 600 square feet
Artisan's Workshop S S S S P S 1 space per 250 square feet
Athletic Stadium or Field, Private S S S S S S S S S S S S S Without fixed seating: 50 spaces per
field
With fixed seating: 1 space per 4 seats
or bench seating spaces Athletic Stadium or Field, Public P P P P P P P P P P P P P
Auction House S P 1 space per 500 square feet
Auto Parts Sales, Inside P P P 1 space per 200 square feet
Auto Parts Sales, Outside S S P 1 space per 500 square feet
Land Uses
Zoning Ordinance
Residential Nonresidential Special Parking
SF
-E
S
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m
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Re
s
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SF
-10
S
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Automobile Repair, Major S P P 1 space per 375 square feet Automobile Repair, Minor S P P P
Automobile Sales, Used P 1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses Automobile Sales/Leasing, New S S P
Automobile Storage P 1 space per 1,000 square feet of lot area
Bank, Savings and Loan, or Credit Union P P P P P P 1 space per 300 square feet
Beauty Salon/Barber Shop P P P P 1 space per 200 square feet, minimum
of 5 spaces
Boat Sales and Repair P P
1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
Body Art Studio S P S 1 space per 200 square feet, minimum
of 5 spaces
Building Material and Hardware Sales, Major S P P S
1 space per 250 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
Building Material and Hardware Sales, Minor P P P P S 1 space per 250 square feet
Business Service P P P P P P 1 space per 250 square feet
Cabinet/Upholstery Shop S P P 1 space per 300 square feet
Car Wash, Full Service S P P P S 1 space per 200 square feet
Car Wash, Self Service S P 2 spaces plus required stacking per car
wash bay
Carpet Cleaners S P P 1 space per 250 square feet
Cemetery or Mausoleum S S S S S S S S S S S S S Site analysis required
Child-Care: Foster Family Home (Independent) P P P No additional parking required
Child-Care: Foster Group Home (Independent) P P P P P P P 1 space per 12 students, plus required
residential parking
Child-Care: Licensed Child-Care Center S P P P P S 1 space per 8 pupils plus 1 space per
employee
Child-Care: Licensed Child-Care Home S S S
1 space per 8 pupils plus 1 space per
employee, plus required residential
parking
Child-Care: Listed Family Home S S S No additional parking required
Child Care: Registered Child-Care Home S S S 1 space per 8 pupils plus 1 space per
employee, plus residential parking
Church, Temple, Synagogue, Mosque, or Other Place
of Worship P P P P P P P P P P P P P 1 space per 100 square feet of gross
floor area of the main sanctuary, or 1
Land Uses 45
City of Richland Hills
46
Residential Nonresidential Special Parking
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space per 3 seats in sanctuary
College, University, Trade, or Private Boarding School P P P P S 1 space per 4 students
Commercial Amusement, Indoor P P P S Standalone: 1 space per 100 square feet
In-line: 1 space per 250 square feet
Commercial Amusement, Outdoor S P P S 1 space per 500 square feet of site area
exclusive of building
Community Center S S S S S S S S S S S S
10 parking spaces plus 1 additional
space per 300 square feet of floor area
in excess of 2,000 square feet. If an
auditorium is included as a part of the
building, its floor area shall be deducted
from the total and additional parking
provided on the basis of 1 space for
each 4 seats that it contains.
Computer Repair P P P P P 1 space per 300 square feet
Concrete/Asphalt Batching Plant, Permanent S
1 space per employee at maximum
shift, but not less than 1 space per 1,000
square feet
Concrete/Asphalt Batching Plant, Temporary (4) (4) (4) (4)
1 space per employee at maximum
shift, but not less than 1 space per 1,000
square feet
Construction Yard and Field Office, Temporary (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16)
1 space per employee at maximum
shift, but not less than 1 space per 1,000
square feet
Contractor, general/electrical/mechanical/plumbing
(no outside storage) P P P P P P
1 space per employee at maximum
shift, but not less than 1 space per 1,000
square feet
Contractor, general/electrical/mechanical/plumbing
(outside storage) S P P S
1 space per employee at maximum
shift, but not less than 1 space per
1,000 square feet of gross floor area
Contractor storage or equipment yard S P P S
1 space per employee at maximum
shift, but not less than 1 spacer per
1,000 square feet of gross area
Convenience Store with Drive-Through S S S 1 space per 200 square feet
Convenience Store with Fuel Pumps (5) (5) (5) (5) (5) (5)
1 space per 200 square feet. Parking in
front of pump stations shall be counted
towards meeting the required parking.
A minimum of 6 parking spaces shall be
provided adjacent to the main building.
Convenience Store without Fuel Pumps P P P P P S 1 space per 200 square feet
Day Services, Adult S S S S S S S P P P P P P 1 space per 200 square feet
Drivers Education Training S S P P P S 1 space per 200 square feet
Dry Cleaning, Major S P 1 space per 500 square feet
Land Uses
Zoning Ordinance
Residential Nonresidential Special Parking
SF
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Dry Cleaning, Minor P P P P P P 1 space per 250 square feet, minimum
of 5 spaces, minimum of 5 spaces
Electrical Power Generating Plant S Site analysis required; 1 space per
employee plus 1 per storage vehicle
Entertainment Equipment Rental P P P P 1 space per 300 square feet
Equipment and Machinery Sales and Rental, Major S P 1 space per 250 square feet
Equipment and Machinery Sales and Rental, Minor P P P P 1 space per 250 square feet
Fairground, Exhibition Area, or Rodeo Arena S P P
1 space per 4 seats, 1 space per 200
square feet, or 1 space per 500 square
feet of site area, whichever is greater
Farmer's Market S S S S S (17) 2 spaces per booth
Feed Store P P P P 1 space per 200 square feet
Flea Market, Inside S P P 1 space per 500 square feet of site area Flea Market, Outside S P
Floor or Window Covering Store P P P P 1 space per 200 square feet
Florist or Gift Shop P P P S 1 space per 200 square feet
Fortune Teller/Psychic S S 1 space per 200 square feet
Fraternal Organization, Lodge, Civic Club, Fraternity, or
Sorority P P P P 1 space per 200 square feet
Fuel Pumps (Accessory Use) (6) (6) (6) (6) (6) (6) 1 space per 200 square feet
Furniture Restoration P S P P 1 space per 1,000 square feet
Golf Course and/or Country Club S S S S S S
9 spaces per hole, plus 1 space for each
150 square feet of floor area of
clubhouse/rooms
Golf Course, Miniature S S S S
1½ parking spaces per hole (or tee), plus
1 space for each 100 square feet of
game room area
Governmental Office P P P P P P P P P P P P P 1 space per 300 square feet
Grocery P P P S 1 space per 150 square feet
Gymnastics/Dance Studio P P P S 1 space per 500 square feet
Hall, Reception/Banquet/Meeting (7) (7) (7) 1 space per 100 square feet
Health/Fitness Center P P P S 1 space per 100 square feet
Helistop S P 5 spaces for commercial pad; 2 spaces
for private pad
Home Occupation (8) (8) (8) (8) (8) (8) (8) No additional parking required
Hospital P P P P P P
1 space per employee on the largest
shift, plus 1½ spaces per each bed or
examination room, whichever is
applicable
Land Uses 47
City of Richland Hills
48
Residential Nonresidential Special Parking
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Hotel/Motel S(9) S(9) S(9)
1 space per sleeping room or suite plus
1 space for each 200 square feet of
commercial floor area contained therein
Hotel, Extended Stay S(10)
1 space per sleeping room or suite plus
1 space for each 200 square feet of
commercial floor area contained therein
Household Care Facility (11) (11) (11) (11) (11) (11) (11) 1 space per bedroom, in addition to
required residential parking
Indoor Gun or Archery Range S S 1 space per 500 square feet of indoor
facilities, plus 1 space per lane or target
Laundromat P P P S 1 space per 200 square feet
Locksmith/Security System Company P P P P P S 1 space per 200 square feet
Machine Shop P P 1 space per 2 employees or 1 space per
1,000 square feet, whichever is greater
Manufacturing, General P 1 space per employee of maximum
shift, plus 1 space per 1,000 square feet
Manufacturing, Light S P P 1 space per employee of maximum
shift, plus 1 space per 1,000 square feet
Massage Therapy, Licensed P P P P 1 space per 200 square feet
Massage Therapy, Unlicensed 1 space per 200 square feet
Mini-Warehouse/Self-Storage S P
4 spaces per complex located outside of
the security gates and accessible to the
public. Interior parking spaces for
loading and unloading may be included
as parallel spaces between the fire lane
and storage buildings.
Miscellaneous Hazardous Industrial Use S 1 space per 1,000 square feet
Mobile Food Vendor (12) (12) (12) (12) (12) (12) 2 spaces per vendor/truck
Mortuary/Funeral Parlor P P P
1 space per 50 square feet of floor
space in slumber rooms, parlors or
individual funeral service rooms
Motorcycle Sales/Service P P P
1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
Municipal Uses Operated by the City P P P P P P P P P P P P P 1 space per 300 square feet
Museum/Art Gallery P P P P
10 spaces plus 1 additional space per
300 square feet of floor area in excess
of 2,000 square feet. If an auditorium is
included as a part of the building, its
floor area shall be deducted from the
total and additional parking provided on
the basis of 1 space for each 4 seats that
it contains.
Land Uses
Zoning Ordinance
Residential Nonresidential Special Parking
SF
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Nightclub or Dance Hall P P S 1 space per 100 square feet
Nursery, Major S P P 1 space per 5,000 square feet of
outdoor storage area. Any associated
sales or office area shall be calculated at
1 space per 200 square feet. Nursery, Minor P P P P P
Nursing/Convalescent Home S S S S S S S 1 space per 5 beds
Office and Storage Area for Public/Private Utility P 1 space per employee on maximum
shift, plus 1 per storage vehicle
Office, Administrative, Medical, or Professional P P P P P P
Admin or Professional: 1 space per 300
square feet; Medical under 20,000
square feet: 1 space per 200 square
feet; Medical over 20,000 square feet:
see requirement for Hospitals
Office/Showroom P P P 1 space per 500 square feet
Oil Well/Gas Well and Mineral Extraction (13) (13) (13) (13) (13) (13) (13) (13) (13) (13) (13) (13) (13)
1 space per employee on maximum
shift, plus 1 space to accommodate all
trucks and other vehicles
Outside Storage and Display (Incidental Use) S S P S 1 space per 1,000 square feet
Outside Storage and Display (Primary Use) P 1 space per 1,000 square feet
Park or Playground P P P P P P P P P P P P P Site analysis required
Pawn Shop or Alternative Financial Services P P 1 space per 200 square feet
Pet Care and Grooming, Indoor P P P P S 1 space per 200 square feet
Pet Care and Grooming, Outdoor P P 1 space per 200 square feet
Pharmacy P P P P 1 space per 200 square feet
Portable Building Sales S P
1 space per 300 square feet of office
area; 1 space per 1,000 square feet of
storage area
Print Shop, Major P P 1 space per 2 employees or 1 space per
1,000 square feet, whichever is greater
Print Shop, Minor P P P P P P 1 space per 300 square feet
Private Utility (other than listed) P P P P P P P P P P P P P 1 space per site, plus 1 space per
storage vehicle
Recreational Vehicle Sales and Service, New/Used P
1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
Recreational Vehicle/Truck Parking Lot or Garage S Site analysis required
Recycling Center S P
1 space per 300 square feet of office
area; 1 space per 1,000 square feet of
gross floor area of the processing center
Recycling Collection Point P P No additional parking required
Recycling Plant P 1 space per 300 square feet of office
Land Uses 49
City of Richland Hills
50
Residential Nonresidential Special Parking
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area; 1 space per 1,000 square feet of
gross floor area of the processing center
Rehabilitation Care Institution S S
Under 20,000 square feet: 1 space per
200 square feet; Over 20,000 square
feet: see requirement for Hospitals
Rehabilitation In-Home Care (14) (14) (14) (14) (14) (14) (14) No additional parking required
Research and Development Center (with Animals) S S S 1 space per 350 square feet. Medical
facilities over 20,000 square feet shall
use the parking standards set forth for
hospitals. Research and Development Center (without Animals) S P P P
Restaurant P P P P P P Standalone: 1 space for each 100 square
feet
In-line: 1 space per 200 square feet Restaurant, Drive-In P P P P P
Retail, Big Box P P P P S 1 space per 250 square feet
Retail, Stores and Shops P P P P 1 space per 200 square feet
Retail/Service, Incidental P P P P 1 space per 200 square feet
School District Bus Yard (15) (15) (15) (15) (15) (15) (15) (15) (15) (15) (15) (15) C 1 space per 1,000 square feet, plus
storage for all vehicles on site
School, Private S S S S S S S P P P P P P Elementary/Middle School: 1 space per
17 students
High School: 1 space per 3.3 students School, Public P P P P P P P P P P P P P
Secondhand or Thrift Shop P 1 space per 200 square feet
Senior Living Facility P P P S 1 space per 5 beds
Sewage Treatment Plant/Pumping Station S S S S S S S S S S S S S 1 space per employee on maximum
shift, plus 1 per stored vehicle
Sexually Oriented Uses S 1 space per 200 square feet
Small Engine Repair Shop S P P 1 space per 2 employees or 1 space per
1,000 square feet, whichever is greater
Sporting Goods Store P P P P P 1 space per 200 square feet
Stable, Commercial P 1 space per 2,000 square feet of site
area
Stable, Private P P P P No additional parking required
Storage or Wholesale Warehouse S P 1 space per 1,000 square feet
Taxidermist (Indoors) P P P P 1space per 2 employees or 1 space per
400 square feet, whichever is greater
Telephone Exchange S S S S S S S P P P P P P Site analysis required
Temporary Building for New Construction (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) 1 space per 1,000 square feet
Theater, Drive-In S S Site analysis required
Theater, Neighborhood P P P P 1 space per 3 seats
Theater, Regional P P P 1 space per 4 seats
Land Uses
Zoning Ordinance
Residential Nonresidential Special Parking
SF
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Trailer Rental P
1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
Transit Center S S S S S S Site analysis required
Truck Sales, Heavy Trucks P
1 space per 500 square feet of sales
floor for indoor uses, or 1 space for
each 1,000 square feet of lot area for
outdoor uses
Truck/Bus Repair P 1space per 2 employees or 1 space per
1,000 square feet, whichever is greater
Utility Distribution/Transmission Line S S S S S S S S S S S S S No additional parking required
Veterinarian Clinic, Indoor S P P P S 1 space per 200 square feet
Veterinarian Clinic, Outdoor S P P 1 space per 300 square feet
Warehouse/Distribution Center P P 1 space per 1,000 square feet
Water Treatment Plant S S S S S S S S S S S S S 1 space per employee on maximum
shift, plus 1 space per storage vehicle
Wireless Communications Store P P P P 1 space per 200 square feet
Land Uses 51
City of Richland Hills
52
3.02.01. Conditional Development Standards
(A) In order to meet all requirements for the allowance of a use permitted by-right in the zoning district as
indicated in the Subsection 3.02 Use Chart, the following conditional development standards or
limitations shall be met. If a Specific Use Permit is indicated in the chart, the following conditional
development standards shall be in addition to any requirements or regulations outlined in the Specific
Use Permit.
(1) Live-Above Mixed Use
(a) This classification refers to high density residential housing located above a ground-level
nonresidential business.
(b) The use chart classifications still apply to the nonresidential use; for example, if the ground-level
nonresidential use is a restaurant, then a restaurant must be permitted in that district.
(c) To emphasize the community character and pedestrian scales, building facades shall incorporate
the following elements:
1. Architectural Elements: Cornice, piers, columns, frieze, quoin, mullion, fenestration,
pilasters, rustication, and/or belt course.
2. Variation in Wall Plane: Canopies, balconies, and/or awnings.
3. Change in Materials and Color: Each façade shall incorporate a minimum of two (2) separate
materials or color changes excluding glazing.
(2) Modular (Industrialized) Homes
(a) Modular (Industrialized) Home Requirements
The following requirements shall be met for modular homes.
1. The modular home meets or exceeds all building code requirements that apply to other
dwelling units concerning on-site construction.
2. The modular home conforms to all applicable zoning standards for the respective zoning
district.
3. The modular home is affixed to an approved permanent foundation system.
4. The Building Official is so notified in writing for the purpose of establishing procedures for
the inspection, issuing of building permits, and compliance with the Texas Manufactured
Housing Standards Act (Article 1221f V.T.C.S.).
5. The modular home is placed on an approved platted lot.
i. Per the Texas Occupations Code §1202.253, Modular (Industrialized) homes shall:
(ii) Have a value equal to or greater than the median taxable value for each single-family
dwelling located within 500 feet of the lot on which the industrialized housing is
proposed to be located, as determined by the most recent certified tax appraisal roll for
each county in which the properties are located;
(iii) Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration
compatible with the single-family dwellings located within 500 feet of the lot on which
the industrialized housing is proposed to be located;
Land Uses
Zoning Ordinance
53
(iv) Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets,
subdivision control, architectural landscaping, square footage, and other site
requirements applicable to single-family dwellings; and
(v) Be securely fixed to a permanent foundation.
6. For purposes of 5.i above, “value” means the taxable value of the industrialized housing and
the lot after installation of the housing.
(3) Antenna
Refer to the Communication Towers and Television Receivers Ordinance located in the
Supplementary Ordinances for a complete list of procedures and requirements.
(4) Concrete/Asphalt Batching Plant, Temporary
Requires a temporary building permit issued by the building official.
(5) Convenience Store with Fuel Pumps
Convenience Stores with Gas Pumps shall be subject to the following development standards:
(a) Canopy support columns shall be fully encased with masonry materials that are complementary
to that used on the main building.
(b) The canopy band face shall be of a color consistent with the main structure or an accent color
and may not be backlit or used as signage
(6) Fuel Pumps (Accessory Use)
Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the
following development standards.
(a) Accessory gas pumps must be located on the same lot as a big box tenant.
(b) A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet
in floor area.
(c) Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property
line of a residential lot.
1. For the purposes of this section, a residential lot means a lot on which a residential use is
located, a lot zoned residential, or a lot designated as residential on the Future Land Use
Plan.
2. Accessory gas pumps do not have to meet the spacing requirement if:
(i) A major thoroughfare separates the accessory gas pumps from the residential lot; or
(ii) The Future Land Use Plan designates a lot as residential, but City Council subsequently
rezones the property to a nonresidential zoning district and no residential use is located
on the lot.
(d) Canopy support columns shall be fully encased with masonry materials that are complementary
to that used on the main building.
(e) The canopy band face shall be of a color consistent with the main structure or an accent color
and may not be backlit or used as signage.
(7) Hall, Reception/Banquet/Meeting
Land Uses
City of Richland Hills
54
(a) Reception, banquet or meeting halls may provide live or recorded entertainment, and, may serve
catered meals and alcoholic beverages when the owner or operator holds the appropriate
licenses and permits.
(b) Reception, banquet or meeting halls shall minimize disturbances to surrounding properties,
which includes restricting activities inside the structure or if located outside, no electronically
amplified sound generated shall be audible at any time beyond the boundary of the property on
which the facility is located.
(c) Pre-purchased tickets and ticket sales at the door are not allowed, except as permitted by (d)
below.
(d) Non-profit events (i.e., political fundraisers or a registered charitable program in compliance with
all state statutes) held at a reception, banquet or meeting hall are allowed to be open to the
general public and have pre-purchased tickets and ticket sales at the door.
(e) The certificate of occupancy, occupant load, and hours of operation shall at all times be posted in
a conspicuous place on the premises.
(8) Home Occupation
A Home Occupation shall meet the following requirements:
(a) No persons other than members of the family residing on the premises shall be engaged in such
business;
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes by its occupants, and not more than five hundred (500) square
feet or ten (10) percent of the square footage of the dwelling area, whichever is greater, shall be
used in the conduct of the home occupation;
(c) There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation;
(d) No sign advertising a home occupation shall be placed on property where a home occupation is
conducted. Only one vehicle (motorized or non-motorized), one ton carrying capacity or less
may advertise for the home occupation;
(e) No home occupation shall be conducted in an accessory building;
(f) Any sales in connection with such home occupation shall be clearly secondary to occupancy.
Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a
service shall be allowed; and orders previously made by telephone or at a sales party may be
filled on the premises;
(g) No traffic shall be generated by a home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of a
home occupation shall be met off the street and other than in a required front yard;
(h) No equipment, process or work shall be used or conducted in such home occupation that creates
noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses
off the lot. In the case of electrical interference, no equipment, process or work shall be used or
conducted that creates visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises;
Land Uses
Zoning Ordinance
55
(i) The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn
mower or other small or large engine repair, and any boarding house/rooming house shall not be
permitted as a home occupation or as an accessory use; and
(j) No outside storage or display of any type shall be permitted with any home occupation.
(9) Hotel/Motel
In addition to any requirements or regulations outlined within the Specific Use Permit, Hotel/Motel
developments shall be subject to the following development standards.
(a) Shall provide staff on-site 24 hours a day.
(b) Shall provide at least three amenities from the list below.
1. Indoor/outdoor pool
2. Spa/sauna
3. Weight room/fitness center
4. Playground
5. Sports court
6. Plaza/atrium
7. Game room
8. Conference room (1,000 square foot minimum)
9. Full service restaurant (minimum seating capacity of 35)
(c) Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured
linearly from property line to property line from any other Hotel/Motel or Hotel, Extended Stay
property.
(10) Hotel, Extended Stay
In addition to any requirements or regulations outlined within the Specific Use Permit, Residence
Hotel developments shall be subject to the following development standards:
(a) Shall maintain laundry facilities on-site for guest use.
(b) Shall provide staff on-site 24 hours a day.
(c) Shall provide at least three amenities from the list below.
1. Indoor/outdoor pool
2. Spa/sauna
3. Weight room/fitness center
4. Playground
5. Sports court
6. Plaza/atrium
7. Game room
8. Conference room (1,000 square foot minimum)
Land Uses
City of Richland Hills
56
9. Full service restaurant (minimum seating capacity of 35)
(d) Shall be set back a minimum of one hundred (100) feet from any residential district.
(e) Shall maintain fifteen (15) percent of the lot area as open space, exclusive of required setbacks
and parking areas, but including amenities from the above list except for Conference Room and
Full Service Restaurant.
(f) Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured
linearly from property line to property line from any other Hotel/Motel or Hotel, Extended Stay
property.
(g) A minimum of fifty (50) percent of the room units shall contain kitchen facilities.
(11) Household Care Facility
Must have all required State and Local licenses and permits, and the exterior structure must comply
with development regulations for the applicable zoning district.
(12) Mobile Food Vendor
(a) Mobile food vendors shall provide the City with a copy of written permission from the property
owner on an annual basis to allow the operation of a mobile vendor and to allow the mobile
vendor and their customers access to a commercially plumbed public restroom on-site;
(b) Temporary connections to potable water are prohibited. Water shall be from an internal tank,
and electricity shall be from a generator or an electrical outlet via a portable cord that is in
conformance with the Electrical Code as adopted by the City;
(c) The operator shall possess a City tax certificate showed as paid;
(d) Hours of operation shall be limited to 8 a.m. to 9 p.m., seven days a week;
(e) Signage is allowed on the vehicle or vending unit itself, but no additional or detached signage is
permitted;
(f) A drive through is not permitted in conjunction with the mobile food vendor;
(g) Mobile food vendors shall not operate in required parking spaces, driveways, fire lanes, or public
roads;
(h) Sales of food from a stationary vehicle excludes catering trucks;
(i) Mobile food vendors are prohibited in a temporary building; and
(j) A waste receptacle is required for every mobile food vending unit and waste shall be removed
daily.
(13) Oil Well/Gas Well and Mineral Extraction
Refer to the Gas Well Drilling and Production Ordinance located in the Supplementary Ordinances
and the International Fire Code currently adopted by the City for a complete list of procedures and
requirements.
(14) Rehabilitation In-Home Care
Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured linearly
from property line to property line from any other Rehabilitation Care Facility. Must have all required
Land Uses
Zoning Ordinance
57
State and Local licenses and permits, and the exterior structure must comply with development
regulations for the applicable zoning district.
(15) School District Bus Yard
A School District Bus Yard shall be owned and/or operated by a public Independent School District.
Unless otherwise approved by the City Council, School District Bus Yards shall be screened using one
of the following methods.
(a) Option 1
1. A six (6) foot ornamental metal fence,
2. Three (3) inch caliper evergreen trees on twenty (20) foot centers, and
3. Five (5) gallon evergreen shrubs on three (3) foot centers.
(b) Option 2
1. A six (6) foot clay-fired brick wall, and
2. Three (3) inch caliper evergreen trees on twenty (20) foot centers.
(16) Temporary Building for Construction
(a) Temporary buildings and temporary building material storage areas to be used for construction
purposes may be permitted for one (1) year in accordance with a building permit issued by the
Building Official. A six (6) month extension may be approved by the Building Official in
accordance with the approval of an extension to the associated building permit.
(b) Upon completion or abandonment of construction or expiration of permit, the temporary
building shall be removed.
(17) Seasonal Use
A permit for a seasonal use shall be granted for farmer’s markets and snow cone stands. These shall
be permitted as follows:
(a) The duration of the permit shall be for a period between April 1st and October 31st. A Specific
Use Permit may be granted within the Mixed Use zoning district for permits outside of the
allowed seasonal use time period.
(b) All seasonal uses shall occur on private property, and require written approval from the property
owner.
(c) Adequate parking and sanitary facilities shall be made available to the satisfaction of
neighborhood services and/or code enforcement.
(18) Garage Apartment
In addition to any requirements or regulations outlined within the Specific Use Permit, garage apartments
shall be subject to the following development standards:
(a). Only one garage apartment shall be allowed on a single parcel of record.
(b). The garage apartment, along with the main dwelling, may not exceed the allowable site coverage
for the zoning district. The garage apartment may be attached or detached from the main
structure.
Land Uses
City of Richland Hills
58
(c). The garage apartment shall:
1. Not exceed 40% of the livable floor area of the main structure.
2. Have a separate entrance and shall not have an access point into the main
structure.
3. Not contain more than one bathroom facility.
4. Not contain a kitchen, including a range, stove, or cooktop.
5. Be designed to ensure visual harmony, consistency, and compatibility with the main
dwelling on the site and with other residential structures in the area, and meet all
applicable masonry requirements.
6. Meet the setback requirements for the zoning district if attached, and meet the
setback requirements for accessory structures as stated in Section 4.02.01
Residential Accessory Structures if detached.
7. Not be separately rented or leased from the main dwelling, whether compensation
is direct or indirect.
8. Not be sold separately from sale of the entire property, including the main
structure, and the property shall not be replatted in a manner that would allow the
accessory structure to become a main structure.
9. Register and receive annual inspections as outlined:
a. All garage apartments shall be registered annually. If there is any change in
occupancy of the structure longer than 3 weeks, registration shall be updated
at that time.
b. Inspections shall be required annually. It shall be the responsibility of the
property owner to request and schedule an inspection at the time of annual
registration.
c. The fees for registration and required annual inspection for each garage
apartment are as shown in the city's fee schedule.
(19) Guest House
In addition to any requirements or regulations outlined within the Specific Use Permit, guest houses shall
be subject to the following development standards:
(a) Only one guest house shall be allowed on a single parcel of record.
(b) The guest house, along with the main dwelling, may not exceed the allowable site coverage for
the zoning district.
(c) The guest house shall:
1. Not exceed 40% of the livable floor area of the main structure.
2. Not contain more than one bathroom facility.
3. Not contain a kitchen, including a range, stove, or cooktop.
4. Be designed to ensure visual harmony, consistency, and compatibility with the main
dwelling on the site and with other residential structures in the area, and meet all
applicable masonry requirements.
5. Meet the setback requirements for accessory structures as stated in Section 4.02.01
Residential Accessory Structures.
6. Not be separately rented or leased from the main dwelling, whether compensation
is direct or indirect.
7. Not be sold separately from sale of the entire property, including the main
structure, and the property shall not be replatted in a manner that would allow the
accessory structure to become a main structure.
Land Uses
Zoning Ordinance
59
8. Register and receive annual inspections as outlined:
a. Each guest house shall be registered annually. If there is any change in
occupancy of the structure longer than 3 weeks, registration shall be updated
at that time.
b. Inspections shall be required annually. It shall be the responsibility of the
property owner to request and schedule an inspection at the time of annual
registration.
c. The fees for registration and required annual inspection for each guest house
are as shown in the city's fee schedule.
Land Uses
City of Richland Hills
60
Section 4. Site Development Requirements
Subsection 4.01. Off-Street Parking and Loading Requirements
4.01.01. Purpose
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the
adequate provisions of transportation; to conserve the value of buildings; and to encourage the most
appropriate use of land.
4.01.02. Requirements
(A) Minimum off-street parking required shall be provided as set forth in Subsection 3.02 Use Chart.
(B) Additional parking requirements are located in the Parking Ordinance.
Site Development Requirements
Zoning Ordinance
61
Subsection 4.02. Accessory Structure Standards
4.02.01. Accessory Structures
The following regulations apply to permanent accessory structures as outlined below in each section for
residential accessory structures, nonresidential accessory structures, and carports..
(A) Residential Accessory Structure Requirements (excluding Carports)
Accessory structures must adhere to the following requirements:
(1) Dimensions
(a) An accessory structure shall not exceed a height of fifteen (15) feet.
(b) An accessory structure shall not exceed fifty (50) percent of the floor area of the principal
building. If more than one accessory structure is located on the property, the total floor area of
all accessory structures shall not exceed fifty (50) percent of the floor area of the principal
building.
(c) Accessory structures shall be included in the lot coverage calculations.
(2) Location
(a) Accessory structures shall meet the following setback requirements:
1. Front. The front setback shall be behind the front of the principal structure building face.
2. Rear. The rear setback shall be five feet from the property line or out of easement,
whichever establishes a greater setback.
3. Side. The side setback shall be five feet from the property line or out of easement, whichever
establishes a greater setback, for interior lots, and 15 feet from the property line where a lot
is adjacent to a side street.
(b) No accessory structure shall be located in front of the principal structure building face.
(c) Accessory structures are prohibited in easements.
(d) Accessory structures must maintain a minimum separation of five (5) feet between exterior
walls.
(3) Number
(a) No more than two (2) accessory structures are permitted on a single property.
(b) Lots larger than thirty thousand (30,000) square feet may have up to three (3) accessory
structures.
(4) Materials
(a) For accessory structures equal to or less than four hundred forty (440) square feet, exterior wood
and metal siding with a baked-on enamel finish are permitted. Corrugated metal siding is not
permitted.
(b) Construction materials for accessory structures with a floor area over four hundred forty (440)
square feet must comply with the exterior building material requirements for a main structure.
Site Development Requirements
City of Richland Hills
62
(B) Nonresidential Accessory Structures
Accessory buildings must adhere to the following requirements:
(1) Dimensions
(a) An accessory structure shall not exceed a height of fifteen (15) feet.
(b) An accessory structure shall not exceed fifty (50) percent of the floor area of the principal
building.
(c) Accessory structures shall be included in the lot coverage calculations.
(2) Location
(a) Accessory structures shall meet the following setback requirements:
1. Front. The front setback shall be behind the front of the principal structure building face.
2. Rear. The rear setback shall be five feet from the property line or out of easement,
whichever establishes a greater setback.
3. Side. The side setback shall be five feet from the property line or out of easement, whichever
establishes a greater setback, for interior lots, and 15 feet from the property line where a lot
is adjacent to a side street.
(b) No accessory structure shall be located in front of the principal structure building face.
(c) Accessory structures are prohibited in easements.
(d) Accessory structures must maintain a minimum separation of ten (10) feet between exterior
walls.
(3) Number
(a) No more than one (1) accessory structure ise permitted on a single property.
(4) Materials
(a) All accessory structures in nonresidential zoning districts must comply with the exterior building
material requirements for a main structure.
(C) Carports
(1) Location
Locational requirements for carports within the City shall be as follows:
(a) Front
An attached carport may extend beyond the front building line (setback line), but in no case shall
the structure extend more than twenty-five (25) feet from the point of attachment to the
residence, or encroach upon the street right-of-way or any easement.
(b) Side
A carport shall be set back five (5) feet from the side property line or out of easement, whichever
establishes the greater setback.
(c) Rear
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A carport shall be set back five (5) feet from the rear property line or out of easement, whichever
establishes the greater setback.
(2) Construction
Construction requirements for carports within the City shall be as follows:
(a) Parking surface
Carports must be erected over an approved surface.
(b) Size
The roof assembly of a carport shall not exceed twenty-five (25) feet in length or twenty-five (25)
feet in width. The inside vertical clearance of a carport shall not be less than seven (7) feet, nor
more than nine (9) feet.
(c) Roof
1. Roof design and pitch of a carport shall not exceed that of the main structure.
2. Carport roofs, if metal, shall be corrosion resistant aluminum or steel painted with a baked-
on enamel finish or equivalent.
3. Metal roof carports must have a minimum slope of one-fourth unit vertical and twelve (12)
units horizontal (2 percent).
(d) Walls
Carports shall have at least two (2) open exterior walls; however, no exterior wall may extend
into the required front yard.
(3) Storage
A carport located in front of the main building shall be used to store only vehicles, including
recreational vehicles, boats and, trailers. All vehicles must be registered. Carports in front of the
main building shall not be used to store any other items.
4.02.02. Swimming Pools
(A) Requirements
The owner of a lot zoned as residential may construct one in-ground swimming pool, or one above ground
swimming pool, but not both. The location of an above-ground swimming pool will be subject to the
setback requirements for residential accessory structures as provided in 4.02.01. (A)(2) above. The
location of an in-ground swimming pool shall conform to the following setback requirements:
(1) SF-E Single-Family Residential Estate District
(a) Front
The front setback requirement for a swimming pool shall be the front building line established in
this chapter for the applicable zoning district, provided, however, that in no case shall the pool
be closer to the street than the front of the main structure.
(b) Side
The side setback requirement for a swimming pool shall be the side building line established in
this chapter for the applicable zoning district.
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(c) Rear
The rear setback requirement for a swimming pool shall be six feet.
(2) All Other Residential Zones
The setback requirements for a swimming pool shall be the respective building lines established in
this chapter for the applicable zoning district.
(B) Measurement
All of the foregoing setback requirements shall be measured from that portion of the pool, including
decking and mechanical and electrical equipment, closest to the applicable setback line.
(C) Easements and Safety Codes
Notwithstanding any provision herein to the contrary, no pool shall encroach upon the street right-of-way
or any utility easement. Furthermore, notwithstanding any provision herein to the contrary, no swimming
pool shall be located so as to create or constitute a violation of any building or safety code adopted by the
City, including without limitation the International Residential Code and the Uniform Electrical Code.
4.02.03. Temporary Occupancy Structures (Buildings)
(A) Temporary buildings may be utilized by places of worship (churches), public schools, and government
agencies only. See Temporary Occupancy Building definition.
(B) Places of worship (churches), public schools (Kindergarten (K) through Twelfth (12th) grade), and
government agencies shall apply for a building permit and must meet all applicable City ordinances to
erect a temporary building.
4.02.04. Flags and Flagpoles
(A) Scope
The regulations set out in this section apply to flags and detached flagpoles in all zoning districts.
(B) Setbacks
The minimum setback from any property line, overhead utility line, or public right-of-way shall be a
distance equal to the vertical distance from the ground to the top of the pole.
(C) Number and Size
(1) Residential Zoning Districts
(a) No more than one (1) flagpole shall be allowed per platted lot.
(b) The height of the flagpole shall not exceed twenty-five (25) feet, measured from the natural
grade.
(c) No more than three (3) flags may be displayed on the flagpole located on a lot.
(d) The size of the flag shall be appropriate for the height of the flag pole, but each individual flag
shall in no event exceed twenty-four (24) square feet in area.
(e) Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings
and flags that are displayed flush to the face of the building are not limited in number.
(2) Nonresidential and Multiple Family Zoning Districts
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(a) No more than three (3) flagpoles shall be allowed per platted lot.
(b) The height of the flagpoles shall not exceed thirty (30) feet, measured from the natural grade.
(c) No more than two (2) flags may be displayed on the flagpole located on a platted lot.
(d) The size of the flag shall be appropriate for the height of the flag pole, but each individual flag
shall in no event exceed forty (40) square feet in area.
(D) Manner of Display
(1) Furcated poles with multiple mounting structures shall not be allowed.
(2) Flags and insignia of any government shall be displayed in an approved manner pursuant to federal
guidelines in Title 4, United States Code, Chapter 1 (the Federal Flag Code).
4.02.05. Wind Energy Conversion Systems
(A) Farm or Utility Systems
Wind Energy Conversion Systems, Farm or Utility shall be prohibited within the City.
(B) Small Systems
Wind Energy Conversion Systems, Small are permitted, subject to the following conditions:
(1) Accessory Use
A small wind energy system is allowed as an accessory use in all residential zoning districts.
(2) General Standards
(a) Small wind energy systems are permitted only in the rear yard.
(b) The minimum distance between the ground and any part of a rotor blade must be at least twenty
(20) feet.
(3) Freestanding Systems – Additional Standards
Small wind energy systems may be mounted on a tower detached from other structures on the lot.
(a) Setback
The minimum setback from any property line, overhead utility line, or public right-of-way shall be
a distance equal to the vertical distance from the ground to the tip of a wind generator blade
when the tip is at its highest point unless the affected utility, property owner, or governmental
entity grants written permission for a lesser setback.
(b) Height
Freestanding systems measured from the top blade may not exceed forty-five (45) feet in height.
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Subsection 4.03. Supplementary Regulations
4.03.01. Residential Lot Regulations
(A) Minimum Residential Lot Area and Exceptions
The minimum lot area for the various zoning districts shall be in accordance with the individual districts
except that a lot having less area than herein required, which was an official "lot of record" prior to the
adoption of this Ordinance, May 6, 2014, may be used for a single-family dwelling.
(B) Location of Dwellings and Buildings
(1) One Main Building for Single-Family and Two-Family Use
Only one main building for single-family and two-family use, with permitted accessory buildings, may
be located upon a lot.
(2) Access
Every means of vehicular access shall have a minimum lot width of twenty-five (25) feet at the
property line.
4.03.02. Front Yard Setback
(A) Corner Lots
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets,
unless shown specifically otherwise on a final plat.
(B) Block with Split Zoning
Where the frontage on one side of a street between two intersecting streets is divided by two or more
zoning districts, the front yard setback shall comply with the requirements of the most restrictive district
for the entire frontage
(C) Approved Plats with Established Building Line
The required front yard setback shall comply with the building line so established by such Ordinance or
plat, where a building line has been established by a plat or by ordinance prior to May 6, 2014, and such
line required is a greater or lesser front yard setback than prescribed by this Ordinance for the district in
which the building line is located.
(D) Front Yard Measurements and Considerations
(1) The front yard shall be measured from the property line to the front face of the building, covered
porch, covered terrace or attached accessory building.
Figure 1. Block with Split Zoning
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(2) Eaves and roof extensions or a porch without posts or columns may project into the required front
yard setback for a distance not to exceed three (3) feet.
(E) Minimum Front Yard Setback Reduction and Average Setback
(1) The minimum front yard setback requirements may be reduced by a maximum of five (5) feet for all
single-family and duplex uses within all SF-E Single-Family Residential Estate, SF-10 Single-Family
Residential, SF-7 Single-Family Residential, and MF-1 Two-Family (Duplex) Residential zoning
districts provided that at least fifty (50) percent of the structures on a given block are set back an
additional five (5) feet from the original setback.
(2) The average setback along the block shall equal the original setback requirement.
(3) The purpose of this average setback is to encourage a variety of front yard setbacks along a street.
(4) In no case shall the front yard setback be less than twenty (20) feet.
(5) The desired front setbacks for each lot shall be designated on the Final Plat.
Figure 2. Front Yard Measurement
Figure 3. Front Yard Setbacks
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(F) Future Right-of-Way Line
Where a future right-of-way line has been established for future widening or opening of a street or
thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-
of-way line.
4.03.03. Side Yard Setbacks
(A) Corner Lot Side Yard Setbacks
(1) On a corner lot used for single- or two-family dwellings, both street exposures shall be treated as
front yards on all lots except where one street exposure is designated as a side yard on a lot of record
and separated from the adjacent lot by an alley and separated from the adjacent lot by an alley.
(a) In such case, a building line shall be designated on the plat containing a side yard of fifteen (15)
feet or more.
(2) On lots that were official lots of record prior to May 6, 2014, the minimum side yard adjacent to a
side street shall comply with the minimum required side yard for the respective district. See the
following figures for details:
Figure 4. Side Yard on Corner Lots
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(B) Open and Unobstructed Side Yards
(1) Every part of a required side yard shall be open and unobstructed from the ground upward except for
accessory buildings as permitted herein and the ordinary projections of window sills, belt courses,
cornices, and other architectural features not to exceed twelve (12) inches into the required side
yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required side yard.
(2) Air conditioning compressors, pool machinery and equipment, and similar appurtenances are
permitted in the side yard, but shall be located a minimum three (3) feet from the property line.
4.03.04. Handicap Accessibility
The property owner is responsible for the project’s compliance with the Texas Department of License and
Regulations, as they exist or may be amended.
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Subsection 4.04. Performance Standards
4.04.01. Conformance of All Uses
In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and
construction to the performance standards as administered by City, County, State, and Federal agencies. All
uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction
to established performance standards for noise, smoke, and particulate matter, odorous matter, fire, or
explosive hazard material, toxic and noxious matter, vibration, and glare.
4.04.02. Toxic Waste Disposal
All Federal and State pollution, noise, and requirements for toxic waste disposal shall be observed.
4.04.03. Standards
(A) Noise
At no point at the bounding property line of any use shall the sound pressure level of any operation or
plant exceed the decibel limits specified in the Octave Band groups designated in the following table:
(1) General Noise Level Standards
The following corrections shall be made to the table of octave band-decibel limits in determining
compliance with the noise level standards.
(a) When noise is present at nighttime, subtract 7dB.
Table 3. Maximum Permissible Daytime* Octave Band (Decibel Limits at the
Bounding Property Line**)
Octave Band
(cps)
Decibel Band Limit
(db re 0.0002 microbar)
37 - 75 86
75 - 150 76
150 - 300 70
300 - 600 65
600 - 1,200 63
1,200 - 2,400 58
2,400 - 4,800 55
4,800 - 9,600 53
A Scale 65
Note: “A Scale” levels are provided for monitoring purposes only and are not applicable to
detailed sound analysis.
* "Daytime" shall refer to the hours between sunrise and sunset on any given day.
** "Bounding Property Line" shall be interpreted as being at the far side of any street, alley,
stream, or other permanently dedicated open space from the noise source when such open space
exists between the property line of the noise source and adjacent property. When no such open
space exists, the common line between two parcels of property shall be interpreted as the
bounding property line.
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(b) When noise contains strong pure-tone components or is impulsive, that is when meter changes
at 10 decibels or more per second, subtract 7dB.
(c) When noise is present for not more than the following, add 10dB:
1. ½ minute in any ½ hour period
2. 1 minute in any 1-hour period
3. 10 minutes in any 2-hour period
4. 20 minutes in any 4-hour period
(2) Measuring Noise Level
Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the
standards prescribed by the American Standards Association.
(3) Exemptions
The following uses and activities shall be exempt from the noise level regulations herein specified:
(a) Noises not directly under control of the property user.
(b) Noises emanating from construction and maintenance activities between the hours of 7:00 a.m.
and 10:00 p.m.
(c) Noises of safety signals, warning devices and emergency pressure relief valves.
(d) Transient noise of moving sources such as automobiles, trucks, and airplanes.
(e) Events sanctioned by the City of Richland Hills.
(B) Smoke and Particulate Matter
No operation or use shall cause, create, or allow the emission for more than three minutes in any one
hour of air contaminants that at the emission point or within the bounds of the property are:
(1) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or
contaminants in the standard prescribed by the American Society for Testing and Materials, except
that, when the presence of uncombined water is the only reason for failure to comply or when such
contaminants are emitted inside a building that prevents their escape into the atmosphere.
(2) The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property
within the plant site per any one (1) hour.
(3) Open storage and open processing operations, including on-site transportation movements that are
the source of wind or air borne dust or other particulate matter; or that involves dust or other
particulate air contaminants, generating equipment such as used in paint spraying, grain handling,
sand or gravel processing or storage or sand blasting shall be so conducted that dust and other
particulate matter so generated are not transported across the boundary line of the tract on which
the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of
air.
(C) Odorous Matter
(1) No use shall be located or operated that involves the emission of odorous matter from a source of
operation where the odorous matter exceeds the odor threshold at the bounding property line or any
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point beyond the tract on which such use or operation is located. The odor threshold shall be
established as a nuisance that would offend a person of average sensibilities.
(2) The odor threshold as herein set forth shall be determined by observation by a person. In any case,
where uncertainty may arise or where the operator or owner of an odor emitting use may disagree
with the enforcing officer or where specific measurement of odor concentration is required, the
method and procedures specified by American Society for Testing Materials (ASTM) shall be followed.
(D) Fire or Explosive Hazard Material
(1) No use involving the manufacture or storage of compounds or products that decompose by
detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar
substances and compounds in small quantities for use by industry, school laboratories, druggists or
wholesalers may be permitted when approved by the Fire Marshal of the City of Richland Hills who
has determined compliance with the Fire Code.
(2) The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose
film, solvents, and petroleum products shall be permitted only when such storage or use conforms to
the standards and regulations of the adopted Fire Code.
(E) Toxic and Noxious Matter
No operation or use shall emit a concentration across the bounding property line of the tract on which
such operation or use is located of toxic or noxious matter that will exceed ten (10) percent of the
concentration considered as the threshold limit for an industrial worker as such standards are set forth by
the Texas State Department of Health in “Threshold Limit Values Occupational Health Regulation No. 3”, a
copy of which is hereby incorporated by reference.
(F) Vibration
No operation or use shall at any time create earthborn vibrations that, when measured at the bounding
property line of the source operation, exceed the limits of displacement set forth in the following table in
the frequency ranges specified:
(G) Lighting
Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to
property owners and traffic hazards to motorists. These standards are intended to allow reasonable
enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate
levels of lighting of parking areas.
Table 4. Vibration Measurement
Frequency Cycles per Second Displacement in Inches
0 to 10 0.0010
10 to 20 0.0008
20 to 30 0.0005
30 to 40 0.0004
40 and over 0.0003
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(1) Nonresidential Site Lighting and Glare Standards
(a) Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination
across the bounding property line from a visible source of illumination of such intensity as to
create a nuisance or detract from the use or enjoyment of adjacent property or to be offensive to
a person of average sensibilities. All outside lights shall be made up of a light source and
reflector so selected that acting together, the light beam is controlled and not directed across
any bounding property line above a height of three (3) feet. The allowable maximum intensity
measured at the property line of a residential use in a residential district shall be 0.25 foot
candles. Light poles shall be placed on the site a setback equal to its height from all adjacent
residential property.
(b) All off-street parking areas for nonresidential uses in nonresidential districts that are used after
dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout
the hours of business operation. If only a portion of a parking area is offered for use after dark,
only that part is required to be illuminated in accordance with these standards. However, the
portion offered for use shall be clearly designated. Lighting within the parking areas shall meet
the following minimum requirements:
1. Intensity
(i) Minimum at any point on the parking area surface to be at least 0.6 foot candles initial,
and at least 0.3 foot candles maintained or one-third (1/3) of the average, whichever is
greater.
(ii) Illumination shall not exceed an average of one (1) foot candle at ground level and shall
distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned
area.
2. Height
(i) The maximum height of light poles shall conform to the maximum height allowed for
the main building in each zoning district.
(ii) Special lighting or lighting higher than the height allowed in the applicable zoning
district may be approved by City Council as specifically noted on the site plan.
(2) Residential Lighting and Glare Standards
Residential lighting for security and night recreation use is permitted in all residential districts
provided the following requirements are met:
(a) Direct lighting over ten (10) feet in height is shielded from adjacent property.
(b) No light source shall exceed twenty (20) feet in height. Street lights and other traffic safety
lighting are exempt from this standard.
(c) Lighting shall not directly shine on adjacent dwellings.
(3) Luminaires
Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and
maintained so as to reduce glare effect (i.e., minimum seventy degree [70°] cutoff when measured
from horizontal) and consequent interference with use of adjacent properties and boundary streets.
Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary
lighting as provided in the section below.
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(4) Special or Temporary Lighting – Low Wattage
Bare bulbs or strings of lamps are prohibited, except for the following cases:
(a) During holidays special lighting shall be permitted for a maximum time period of forty-five (45)
days for each holiday used; and
(b) Strings of lamps are permitted for use as café patio lights.
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Section 5. Development Review Bodies
It is the intent of these provisions to establish certain boards and commissions to facilitate administration, review,
and amendment of this Ordinance. This section prescribes the composition of such boards and commissions, sets
for their terms of membership, and prescribes their responsibilities and authority.
Subsection 5.01. City Council
(A) Establishment
The City Council is established by the City Charter.
(B) Responsibilities
Responsibilities of the City Council are summarized in Table 5 below.
Table 5. City Council Responsibilities
Section Responsibility
Section 8(B)(2) Approve or rescind Shared Parking Space Calculations
6.03.01. (B)(1) Consider approval of a Zoning Map Amendment (Rezoning)
6.03.01. (B)(2) Consider approval of a Zoning Text Amendment
6.05.01. (E)(1)(f) Consider approval of a Required Plan Extension and Reinstatement for Vested
Rights
6.05.01. (E)(2)(d) Consider approval of a Building Permit Site Plan Extension and Reinstatement for
Vested Rights
6.05.01. (G) Consider approval of an Appeal to the City Council of a Decision on a Zoning
Vested Rights Determination Request
6.06.02. (B)(1) Consider approval of a Site Plan for a Rezoning
6.11.02. Consider approval of an Appeal of a Building Permit Site Plan Decision
6.07.01. (A) Consider approval of a PD Planned Development Zoning District Establishment
Subsection 6.08 Consider approval of a Specific Use Permit (SUP)
6.08.01. (E) Consider approval of a Specific Use Permit Expiration and Extension
Subsection 6.09 Initiate an Amortization of Nonconforming Uses
6.11.02. Appeal of a Building Permit Site Plan Decision
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Subsection 5.02. Planning & Zoning Commission
(A) Establishment
There is created a Planning & Zoning Commission that shall be organized, appointed and function as
follows:
(1) Organization
(a) The Planning & Zoning Commission shall consist of five (5) members, each to be appointed by the
City Council for a term of two years, and each member may be removed for cause by the
appointing authority upon written charges and after public hearing.
(b) The Commission members shall hold numbered places one through five.
(c) Each councilmember shall be entitled to appoint one regular member to the numbered place
corresponding to the numbered place held by the appointing councilmember.
(d) The Planning & Zoning Commission shall elect one member as the chairperson.
(e) The members of the Planning & Zoning Commission shall regularly attend meetings and public
hearings of the Planning & Zoning Commission, and shall serve without compensation, except for
reimbursement of authorized expenses attendant to the performance of their duties.
(2) Vacancies
(a) Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for
any cause, in the same manner as the original appointment was made;
(b) Newly appointed members shall be installed at the first regular Planning & Zoning Commission
meeting after their appointment.
(3) Alternate Membership
The City Council may appoint two alternate members of the Planning & Zoning Commission who shall
serve in the absence of one or more of the regular members when requested to do so by the
chairperson or City Manager, as the case may be.
(4) Expiration of Terms
(a) The terms of three members of the Planning & Zoning Commission shall expire in May of each
odd-numbered year, and the terms of two of the members shall expire in May of each even-
numbered year.
(b) Planning & Zoning Commission members may be appointed to succeed themselves.
(c) Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in
excess of two years.
(5) Meetings
(a) A quorum for the conduct of business shall consist of three members of the Planning & Zoning
Commission.
(b) The members of the Planning & Zoning Commission shall regularly attend meetings and public
hearings of the Planning & Zoning Commission, and shall serve without compensation, except for
reimbursement of authorized expenses attendant to the performance of their duties.
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(6) Procedures
(a) The Planning & Zoning Commission shall hold an organizational meeting in May of each year.
(b) The Planning & Zoning Commission shall meet regularly at least once each month, and shall
designate the time and place of its meetings.
(c) The Planning & Zoning Commission shall adopt its own rules of procedure and keep a record of
its proceedings consistent with the provisions of this chapter and the requirements of law.
(B) Powers and Duties
The Planning & Zoning Commission is charged with the duty and invested with the authority to Act as an
advisory board to the City Council and shall have the full power to:
(1) Exercise the authority of the Planning & Zoning Commission as provided by state law and City
ordinances;
(2) Review all current and proposed ordinances and amendments pertaining to Planning & Zoning
Commission and make recommendations to the City Council for action to be taken;
(3) Make proposals to the City Council to amend, extend and add to the Comprehensive Plan for the
physical development of the City;
(4) Keep public records of its resolutions, findings and determinations; and
(5) Review plats and zoning requests and make recommendations to the City Council for final adoption
of same.
(C) Responsibilities
Responsibilities of the Planning & Zoning Commission are summarized in Table 6 below.
Table 6. Planning & Zoning Commission Responsibilities
Section Responsibility
6.03.01. (B)(1) Make a recommendation on an application for a Zoning Map Amendment
(Rezoning)
6.03.01. (B)(2) Make a recommendation on an application for a Zoning Text Amendment
6.05.01. (E)(1)(f) Make a recommendation on an application for a Required Plan Extension and
Reinstatement for Vested Rights
6.05.01. (E)(2)(d) Make a recommendation on an application for a Building Permit Site Plan
Extension and Reinstatement for Vested Rights
6.06.02. (B)(1) Make a recommendation on an application for a Site Plan for a Rezoning
6.11.02. Make a recommendation on an application for an Appeal of a Building Permit
Site Plan Decision
6.07.01. (A) Make a recommendation on an application for a PD Planned Development
Zoning District Establishment
Subsection 6.08 Make a recommendation on an application for a Specific Use Permit (SUP)
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Subsection 5.03. Board of Adjustment
(A) Establishment
There is hereby created a Board of Adjustment.
(1) Organization
The Board of Adjustment shall consist of five members who are residents of the City, each to be
appointed by the City Council for a term of two years and removable for cause by the appointing
authority upon written charges and after public hearing. The City Council shall designate one member
as chairperson.
(2) Vacancies
Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any
cause in the same manner as the original appointment was made; provided, however, that the City
Council may appoint four alternate members of the board of adjustment who shall serve in the
absence of one or more of the regular members when requested to do so by the Mayor or City
Manager, as the case may be.
(3) Quorum Requirement
All cases to be heard by the Board of Adjustment shall be heard by a minimum of four members.
(4) Alternate Membership
These alternate members, when appointed, shall serve for the same period as the regular members,
which is for a term of two years, and any vacancy shall be filled in the same manner as would be used
to appoint a regular member, and they shall be subject to removal in the same manner as the regular
members.
(B) Authority
Pursuant to Texas Local Government Code Section 211.009, the Board may:
(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 a Zoning Regulation;
(2) Hear and decide Zoning Special Exceptions to the terms of a zoning regulation when the Ordinance
requires the Board to do so;
(3) Authorize in specific cases a Zoning Variance from the terms of a zoning regulation; and
(4) Hear and decide other matters authorized by this Zoning Ordinance.
(C) Actions
(1) Amend, Revise, or Reform
The Board may reverse or affirm, in whole or in part, or modify the Zoning Administrator’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 Zoning Administrator.
(2) Required Vote
Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of four (4) Board
members (or at least seventy-five [75] percent of the Board members) is necessary to:
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(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 per this
Ordinance; or
(c) Authorize a Zoning Special Exception or Zoning Variance.
(3) Appeal to District Court
(a) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment,
or any taxpayer, or any officer, department, or board of the municipality may present to a district
court or county court a petition duly verified, setting forth that such decision is illegal, in whole
or in part, and specifying the grounds of the illegality.
(b) Such petition shall be presented to the court within ten (10) days after the filing of the decision
in the office of the Board and not thereafter.
(D) Responsibilities
Responsibilities of the Board of Adjustment are summarized in Table 7 below.
Table 7. Board of Adjustment Responsibilities
Section Responsibility
1.04.01. (G) Act on a request for an Interpretation of Zoning District Boundaries
Subsection 6.09 Act on a request for an Amortization of Nonconforming Uses
Subsection 6.10 Act on a request for a Reinstatement of Nonconforming Rights
6.11.01. Act on a request for an Appeal of an Administrative Decision
Subsection 6.12 Act on a request for a Zoning Variance
Subsection 6.13 Act on a request for a Zoning Special Exception
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Subsection 5.04. Zoning Administrator
(A) Responsibilities
Responsibilities of the Zoning Administrator are summarized in Table 8 below.
Table 8. Zoning Administrator Responsibilities
Section Responsibility
6.05.01. (E)(1)(f) Process and review a Required Plan Extension and Reinstatement for Vested
Rights
6.05.01. (E)(2)(d) Process and review a Building Permit Site Plan Extension and Reinstatement for
Vested Rights
6.05.01. (F) Consider issuance of a Decision of a Zoning Vested Rights Determination
Request
6.06.02. (B)(2) Act on a request for a Site Plan for a Building Permit
6.06.03. (B) Act on a request for a Minor Variation of a Site Plan
6.07.04. (A) Act on a request for a Minor PD Amendment and Adjustment
Subsection 6.08 Review a Specific Use Permit (SUP)
6.08.01. (E)(2) Provide recommendation on a request for an SUP Extension
Subsection 6.10(A) Determine Loss of Nonconforming Rights Status
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Subsection 5.05. Development Review Committee (DRC)
(A) Establishment
There is hereby created within and for the City a Development Review Committee (DRC) with the
responsibilities as hereinafter set forth.
(B) Purpose
The purpose of the DRC is to utilize the expertise of various City departments to review all site plans to
ensure that City regulations are met and to provide a recommendation for either approval or denial in a
written report to the Zoning Administrator.
(C) Membership
The DRC members shall consist of at least one representative from the following City departments, as
appointed by the City Manager.
(1) Planning and Development Department
(2) Public Works Department
(3) Fire Department
(4) Police Department
(5) Any other department per the City Manager’s discretion.
(D) Term
Members shall serve at the discretion of the City Manager.
(E) Responsibilities
The Zoning Administrator shall be responsible for establishing meeting times, determining when the DRC
has finished review of a site plan or plat, and coordinating the DRC’s written report.
Table 9. Development Review Committee Responsibilities
Section Responsibility
6.06.02. (B)(1) Review a Site Plan for a Rezoning
6.06.02. (B)(2) Review a Site Plan for a Building Permit
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Subsection 5.06. Summary of Approval Authority of Fundamental Applications
Table 10. Summary of Approval Authority
Responsibility City Council P&Z Board of
Adjustment
Zoning
Administrator DRC
Interpretation of Zoning District Boundaries Approve
Shared Parking Space Calculations Approve or
Rescind
Zoning Map Amendment (Rezoning) Approve Recommend
Zoning Text Amendment Approve Recommend
Required Plan Extension and Reinstatement for
Vested Rights Approve Recommend Review
Building Permit Site Plan Extension and
Reinstatement for Vested Rights Approve Recommend Review
Decision of a Zoning Vested Rights
Determination Request Approve
Appeal to the City Council of a Decision on a
Zoning Vested Rights Determination Request Approve
Site Plan for a Rezoning Approve Recommend Review
Site Plan for a Building Permit Approve Review
Minor Variation of a Site Plan Approve
Minor PD Amendment and Adjustment Approve
PD Planned Development Zoning District
Establishment Approve Recommend
Specific Use Permit (SUP) Approve Recommend Review
Specific Use Permit Expiration and Extension Approve Recommend
Amortization of Nonconforming Uses Initiate Approve
Reinstatement of Nonconforming Rights Approve
Loss of Nonconforming Rights Status Determine
Appeal of an Administrative Decision Approve
Appeal of a Building Permit Site Plan Decision Approve Recommend
Zoning Variance Approve
Zoning Special Exception Approve
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Section 6. Development Review Procedures
Subsection 6.01. Creation of Building Site
6.01.01. Creation of a Building Site, Tract, or Lot
No permit for the construction of a building or buildings or fence, wall, or sign 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) Plat Requirement
The lot or tract is part of a plat of record, approved by the City and filed in the Plat Records of Tarrant
County, Texas.
(B) Officially Approved Tract Requirement
The tract is all or part of an officially approved site plan in a PD Planned Development District or Specific
Use Permit (SUP), in which the site plan provides all utility and drainage easements, alleys, streets and
other public improvements necessary to meet the normal requirements for platting, including the
designation of building areas, and such easements, alleys, and streets have been acquired and properly
dedicated and the necessary public improvements provided.
(C) Public Improvements
Per Section 212 of the Texas Local Government Code, public improvements shall not be required for tracts
greater than five (5) acres that have public access.
6.01.02. Building Permit
(A) Permit Requirement
(1) Building permits are required within the city limits in accordance with 2012 International Building
Code. No building or other structure shall be erected, moved, modified, added to, or structurally
altered within the city limits without a building permit issued by the city. No building permit shall be
issued except in conformity with the provisions of this chapter and all applicable construction codes
of the city.
Subsection 6.02. Certificates of Occupancy and Compliance
6.02.01. Certificates of Occupancy Required
(A) Use
No building hereafter erected or structurally altered, shall be used, occupied or changed in use until a
Certificate of Occupancy or other final Building Permit inspection has been issued by the Building Official,
stating that the building or proposed use of the building or premises complies with the building code,
electrical code, plumbing code, and the provisions of these regulations.
(B) Change in Use
A change in use shall be construed to mean any change in occupancy or type of business.
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Subsection 6.03. Zoning Text and Map Amendments
6.03.01. Procedures
(A) Process Requirements
(1) Zoning Amendments Require City Council Approval
The City Council may, from time to time, amend, supplement or change by ordinance, the boundaries
of the zoning districts (i.e., zoning map amendment (rezoning)) or the regulations herein established
(i.e., zoning text amendment).
(2) Planning & Zoning Commission Recommendation required for all Amendments
Before taking action on any proposed amendment the City Council shall submit the same to the
Planning & Zoning Commission for its recommendation and/or report.
(3) Petitions Submitted to the City Council
(a) Any person or corporation having a proprietary interest in any property may petition the City
Council for a change or amendment to the zoning provisions of this Zoning Ordinance or Map; or
(b) The Planning & Zoning Commission may, on its own motion or on request from the City Council,
study and propose zoning changes and/or amendments for the City Council’s consideration.
(B) Two Types of Zoning Amendments
(1) Zoning Map Amendment (Rezoning)
A zoning map amendment (rezoning) is a change or modification to the boundaries of any zoning
district.
(2) Zoning Text Amendment
A zoning text amendment is a change to the text of this Zoning Ordinance and does not include
change or modification to the boundaries of any zoning districts.
(C) Planning & Zoning Commission Recommendation Requires Public Hearing
(1) The Planning & Zoning Commission shall hold a public hearing on any application for any amendment
or change prior to making its recommendation and/or report to the City Council.
(2) In the case of a Zoning Map Amendment (Rezoning)
(a) Written notice of all public hearings before the Planning & Zoning Commission on a proposed
amendment or change shall be sent to all owners of real property within two hundred (200) feet
of the property on which the change is requested.
1. Such notice shall be given not less than ten (10) days before the date set for hearing by
posting such notice, properly addressed and postage paid, to each taxpayer as the
ownership appears on the last approved City tax roll or County tax roll for the area affected.
(b) Any proposed map amendment shall be consistent with the Comprehensive Plan.
(c) For selected zoning districts, each rezoning application shall be accompanied by a site plan (see
6.06.01. (A)(1)).
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(D) Sign Posting for a Zoning Map Amendment (Rezoning) Related to a Particular Property
(1) At least ten (10) days prior to the public hearing by the Planning & Zoning Commission on a proposed
amendment to the zoning text and/or map related to particular property, the applicant shall cause a
sign, clearly visible to passersby, to be placed and maintained on such property.
(2) The sign shall state that the property is the subject of a rezoning application.
(3) The Zoning Administrator shall furnish the applicant the sign, which the applicant shall post on the
property proposed to be rezoned.
(4) The sign shall remain continuously posted on the property until the City Council has conducted its
public hearing on the matter.
(E) Effect of Posted Sign Maintenance
The continued maintenance of the sign shall not be a condition precedent to the holding of a public
hearing, the adoption of any proposed zoning change, or any other official action concerning such
amendment.
(F) City Council Decision and Public Hearing Required
(1) A public hearing shall be held by the City Council before adopting any proposed amendment.
(2) Notice of such hearing shall be given by publication in the official publication of the City stating the
time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of
publication.
(G) Three-Fourths City Council Vote Required for Protested Amendments
(1) If a proposed change to a district regulation or boundary is protested in writing and signed by the
owners of at least twenty (20) percent of either:
(a) The area of the lots or land covered by the proposed change; or
(b) The area of the lots or land immediately adjoining the area covered by the proposed change and
extending two hundred (200) feet from that area, then, in order to take effect, the proposed
change must receive at least three-fourths affirmative vote of all members of the Council.
(2) In computing the percentage of land area under (1) above, the area of streets and alleys shall be
included.
Figure 5. Calculation for Areas of Protest
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(H) Joint Public Hearing
At its discretion, the City Council may conduct the public hearing on an amendment to the Zoning
Ordinance jointly with a public hearing required to be held by the Planning & Zoning Commission. The City
Council may not take action in the matter until it receives the final report of the Commission.
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6.03.02. Public Hearings and Notification Requirements for Zoning Related Applications
(A) Public Hearings
Public hearings shall be conducted for each review body per plan or application type according to the
following table.
(B) Public Notices
Public notices shall be required according to the following table.
Table 12. Required Public Notice
Application Type
Property
Posted (Sign)
Notice
Published
(Newspaper)
Notice
Mailed Notice Posted Notice
Zoning Map Amendment (Rezoning) Required
(P&Z/City Council)
Required
(City Council)
Required
(P&Z)
Required
(P&Z/City Council)
Zoning Text Amendment Required
(City Council) Required
(City Council)
PD Application and Review Required
(P&Z/City Council)
Required
(City Council)
Required
(P&Z)
Required
(P&Z/City Council)
Specific Use Permit (SUP) Required
(P&Z/City Council)
Required
(City Council)
Required
(P&Z)
Required
(P&Z/City Council)
Amortization of Nonconforming Uses Required
(ZBA)
Required
(ZBA)
Required
(ZBA)
Appeal of an Administrative Decision Required
(ZBA)
Zoning Variance Required
(ZBA)
Required
(ZBA)
Zoning Special Exception Required
(ZBA)
Required
(ZBA)
Table 11. Review Bodies and Associated Public Hearings
Application Type City Council
Planning &
Zoning
Commission
Board of
Adjustment
Zoning Map Amendment (Rezoning) Hearing Hearing
Zoning Text Amendment Hearing Hearing
PD Application and Review Hearing Hearing
Specific Use Permit (SUP) Hearing Hearing
Amortization of Nonconforming Uses Hearing
Appeal of an Administrative Decision Hearing
Zoning Variance Hearing
Zoning Special Exception Hearing
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(C) Types of Notice
(1) Postings of Signs on Property
The Zoning Administrator shall maintain an inventory of signs to fulfill the notification requirements
listed in Table 12. Required Public Notice.
(2) “Published Notice” and “Mailed Notice” of Public Hearing for Zoning Changes Involving Real Property
(a) Mailed Notice (also referred to as “Written Notice”)
1. Written notice of the public hearing before the Planning & Zoning Commission shall be sent
to all owners of property, as indicated by the most recently approved City tax roll, that is
located within the area of application and within two hundred (200) feet of any property
affected thereby, said written notice to be sent before the tenth (10th) calendar day prior to
the date such hearing is to be held.
2. Said written notice shall be served by using the last known address as listed on the most
recently approved tax roll and depositing the notice, postage paid, in the regular United
States mail.
3. If written notice as required is not sent before the tenth (10th) calendar day prior to the date
of the hearing, then the hearing must be delayed until this notice requirement is met. Such
notice shall include:
(i) Legal description of the property and the street address or approximate location within
the City.
(ii) Present zoning classification of the property and the zoning sought by the applicant. If
not a rezoning, then the nature or intent of the application shall be described.
(iii) The date, time, and place of hearing.
(iv) The web site that contains the zoning map and information regarding the rezoning;
(v) The phone number where questions may be answered; and
(vi) Other information as may be necessary to provide adequate and timely public notice.
(b) Published Notice
Notice of the public hearing to occur before the City Council shall be accomplished by publishing
the purpose, date, time, and place of the public hearing in the official newspaper of the City
before the fifteenth (15th) calendar day prior to the date of the public hearing.
(3) “Published Notice” of Public Hearing for Zoning Changes Involving Regulation Text
(a) For requests involving proposed changes to the text of the zoning regulations, notice of the City
Council public hearing shall be accomplished by publishing the purpose, date, time, and place of
the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day
prior to the date of the public hearing.
(b) Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve
specific real property) do not require mailed/written notification to individual property owners.
(4) “Published Notice” and “Mailed Notice” of an Appeal of an Administrative Decision to the Board of
Adjustment
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(a) For an Appeal of an Administrative Decision, the Board of Adjustment shall fix a reasonable time
for the hearing of an appeal, give the public notice by written notice in the mail addressed to all
owners of real property located within two hundred (200) feet of the property on which the
appeal is made, and by publication of notice of such hearing in the City’s official newspaper.
(b) Both the written/mailed and published notice shall be given at least ten (10) days prior to the
date for the hearing.
(c) At the hearing, any party may appear in person or by Attorney or by agent.
(5) Additional Rules and Procedures Established
(a) The City Council may, at its option, establish additional rules and procedures for public
notification of proposed zoning changes and development proposals (e.g., required plans, plats,
etc.), which may include, but not be limited to, the posting of a sign(s) on any property that is
proposed for a zoning change or development by the applicant or its agent(s).
(b) Knowledge of and adherence to such rules and procedures, if so established by the City, shall be
the responsibility of the applicant and shall be required as part of a zoning change or
development application.
(6) Special Notice
Pursuant to Texas Local Government Code Section 211.007(d), the City Council may, by a two-thirds
vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by
the City Council and the Planning & Zoning Commission.
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Subsection 6.04. Complete Applications
6.04.01. Applicability, Completeness, and Expiration
(A) Applicability
The following procedures shall apply to any zoning related plan or application that is required by the City
and is submitted in accordance with this Zoning Ordinance.
(B) Determination of Completeness for Zoning Related Applications
Every required application shall be subject to a determination of completeness by the Zoning
Administrator.
(1) Acceptance Standard
The application shall only be accepted by the Zoning Administrator when it is accompanied by all
documents required by, and prepared in accordance with, the requirements of this Zoning Ordinance.
A typographical error shall not, by itself, constitute an incomplete application.
(2) Acceptance Procedures
A determination of completeness of an application shall be conducted in accordance with the
following procedures:
(a) A determination of completeness shall be made by the responsible official not later than the
tenth (10th) business day following submission of the application, unless otherwise specified,
after the official vesting date.
(b) If the submitted application is incomplete, the applicant shall be notified in writing not later than
the tenth (10th) business days following submission of the application.
1. Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail
transmission, before the close of the tenth (10th) business day following submission of the
application.
2. The notification shall specify the documents or other information needed to complete the
application, and shall state the date the application will expire (see (D) Expiration of a
Zoning Related Application due to Incompleteness below) if the documents or other
information are not provided to the City.
(c) An application shall be deemed complete on the eleventh (11th) business day after the
application has been received if notice is not provided in accordance with (b) above.
(d) If the application is determined to be complete, the application shall be processed as prescribed
by this Zoning Ordinance.
(3) Acceptance shall not Constitute Compliance
A determination of completeness shall not constitute a finding of compliance with the substantive
requirements of this Section.
(4) Acceptance shall not Guarantee Approval
It is not guaranteed that an accepted, complete application will be approved, if after the application
is deemed complete it is determined that the application does not comply with this Zoning
Ordinance.
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(C) Re-Submittal after Notification of Incompleteness
(1) If the application is re-submitted after a notification of incompleteness within the time allotted in
subsection (B)(2)(b) above, the application shall be processed upon receipt of the re-submittal.
(2) To the extent that the information and/or documents submitted are not sufficient to enable the
decision-maker to apply the criteria for approval, the application may be denied on such grounds.
(D) Expiration of a Zoning Related Application due to Incompleteness
Pursuant to Texas Local Government Code Chapter 245, a zoning related application shall automatically
expire at the close of business on the forty-fifth (45th) calendar day after the application official vesting
date, if:
(1) The applicant fails to provide documents or other information necessary to comply with the City’s
technical requirements relating to the form and content of the permit application; and
(2) The City provides to the applicant, not later than the tenth (10th) business day after the date the
application is filed, written notice that specifies the necessary documents or other information, and
the date the application will expire if the documents or other information is not provided; and
(3) The applicant fails to provide the specified documents or other information necessary to comply with
the City’s requirements relating to the application within the time provided in the notification.
(E) Zoning Amendment Application
(1) Complete Applications Required
No zoning amendment application shall be accepted for filing or processing unless such request is
accompanied by a completed application form and all documents required by and prepared in
accordance with the requirements of the Zoning Regulations and any other applicable ordinance and
it is filed with the Zoning Administrator.
(2) Texas Local Government Code Chapter 245 does not apply to Zoning Amendment Applications
Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a zoning
amendment application or an ordinance establishing zoning since neither is a permit under this
Zoning Ordinance or Chapter 245.
(3) Denial of Zoning Applications
(a) If any City official processes a zoning application prior to the application being determined
complete, the application shall then be deemed invalid and shall be grounds for denial or
revocation of such application.
(b) A typographical error shall not constitute an incomplete application.
(c) The applicant shall be notified of such denial or revocation for an incomplete zoning application
in writing.
(F) Vesting Begins on the Official Vesting Date
An application shall be vested into the zoning classifications in effect at the time of the application’s
official vesting date.
(G) Submission of Previously Decided Zoning Related Application
After the final decision on a specific application by the decision-maker, the application shall not be
resubmitted for a minimum of six (6) months from the decision-maker’s action.
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Subsection 6.05. Zoning Vested Rights Determination
6.05.01. Zoning Vested Rights Determination
(A) Purpose
In accordance with the Texas Local Government Code, Chapter 245 or successor statute, the purpose of a
Zoning Vested Rights Determination request is to determine whether one or more standards of this
Zoning Ordinance should not be applied to a plan or application, or whether certain permits are subject to
expiration.
(B) Applicability of a Zoning Vested Rights Determination Request
(1) Any Application
A Zoning Vested Rights Determination request may be sought for an application, permit, or plan
required under this Zoning Ordinance.
(2) Joint Submission
A Zoning Vested Rights Determination request may be submitted by an application along with
submission of a request for a Zoning Text Amendment to this Zoning Ordinance, a Zoning Map
Amendment (Rezoning), or any other request for a legislative decision by the City Council.
(C) Determination Request Submission
(1) Filing
A Zoning Vested Rights Determination request shall be submitted to the Zoning Administrator in
accordance with the Texas Local Government Code, Chapter 245 or successor statute.
(2) Stay of Further Proceedings
Submission of such request shall stay further proceedings on the related application until a final
decision is reached on the Zoning Vested Rights Determination.
(D) Determination Request Requirements
The Zoning Vested Rights Determination request shall allege that the applicant has a vested right that
requires the City to review and decide the application under standards in effect prior to the effective date
of the currently applicable standards. The request shall include, at a minimum, the following information
and documents:
(1) Basic Owner Information
The name, mailing address, phone number and fax number of the property owner (or the property
owner’s duly authorized agent).
(2) Identification of Property and “Project”
(a) Identification of the property for which the property owner claims a vested right.
(b) Identification of the “project,” as that term is defined in Chapter 245 at 245.001.(3).
(c) A chronology of the history of the “project,” with special emphasis on facts establishing that the
project was in progress on or commenced after September 1, 1997, as required by Chapter 245
at 245.003;
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(3) Narrative Description for Purpose of Determination Request
A narrative description of the grounds for the determination request, including a statement as to
whether the request asserts a vested right related to a specific regulation or to an entire project.
(4) Identification of Regulations
(a) Identification of the City regulations in effect at the time the original application for the permit
that the owner contends are vested and that the owner contends controls the approval,
disapproval, or conditional approval of an approval for a permit, pursuant to Chapter 245 at
245.002(a) and (b).
(b) Identification of the City regulations, with particularity and in detail, that the property owner
contends do not apply to the project due to the vested rights provided the property owner by
Chapter 245.
1. Global references to a particular ordinance, or set of criteria, may be deemed insufficient
and the City may consider the request for a vested rights determination to be incomplete
and, hence, not subject to a staff determination at that time.
(c) Identification of any current City regulations that applicant agrees can be applied to the
application at issue.
(5) Copies of Applications
A copy of each approved or pending application that is the basis for the Zoning Vested Rights
Determination request shall be submitted to the City.
(6) Submittal Date of First Application
The submittal date of the first application that began the vesting process (i.e., first permit in the
series of permits required for the project), as identified in Subsection 6.04 Complete Applications.
(7) Submittal Date of Subsequent Application
If applicable, the submittal dates of subsequent application for the permits for the project.
(8) Narrative Description of How Current Regulations Affect Proposed Use
A narrative description of how the application of current regulations affect proposed use of the land,
landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, coverage or
building size shown on the application for which the request is filed.
(9) Copies of Prior Vested Rights Determinations
A copy of any prior vested rights determination involving the same land.
(10) Benchmarking Project Progress for Expiring Permits or Applications
Whenever the applicant alleges that a permit or application subject to expiration should not be
terminated, a description of the events constituting progress toward the completion of the project
approaching permit expiration was approved.
(E) Validity and Expiration of Different “Permits” for Vesting Purposes
(1) Required Plan or Rezoning Validity and Expiration
(a) Required Plan or Rezoning
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A site plan for rezoning or an SUP’s site plan shall be considered a “permit” as described by State
law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC) and be
referred to as a “required plan.”
(b) Appropriate Approval Required for a “Permit”
A required plan shall not be considered a “permit” unless it has been approved by the
appropriate entity before the effective date of these regulations, or an application for a required
plan is complete as of the effective date of these regulations.
(c) Required Plan Expiration
Any approved required plan shall be deemed expired two (2) years from the date on which the
required plan was originally approved by the appropriate entity if no progress (see (d) below) has
been made toward completion of the project.
(d) Progress Benchmarks
The term “progress” shall be as defined based on TLGC Chapter 245.005 as follows:
1. Plans for construction and an application for a building permit for at least one of the
buildings on the approved required plan are submitted within two (2) years following
approval of the required plan;
2. A good-faith attempt is made to file with the City an application for a permit necessary to
begin or continue towards completion of the project;
3. Costs have been incurred for developing the project including, without limitation, costs
associated with roadway, utility, and other infrastructure facilities designed to serve, in
whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of
five (5) percent of the most recent appraised market value of the real property on which the
project is located;
4. Fiscal security is posted with the City to ensure performance of an obligation required by the
City; or
5. Utility connection fees for the project have been paid to the City.
(e) Required Plan Expiration
If one of the items listed in (d)1 through (d)5 above is not accomplished within the two (2) year
period, the approved required plan shall expire upon the second anniversary of its approval by
the appropriate entity, and shall become null and void.
(f) Required Plan Extension and Reinstatement Request
1. Prior to the expiration of a required plan, the applicant may request the City (in writing) to
extend the required plan approval.
2. The Zoning Administrator shall be the responsible official for processing and review of the
application.
3. Such request shall be recommended for approval or denial by the Planning & Zoning
Commission, and shall be granted approval or denied by the City Council.
4. If no request is submitted, then the required plan shall be deemed to have expired and shall
become null and void.
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(i) Any new request for required plan approval thereafter shall be deemed a “new permit”,
and shall be submitted with a new application form, with a new filing fee, and with new
plans and materials in accordance with the procedures set forth in this Section.
(ii) The new request shall also be reviewed for compliance with the ordinances and
regulations in effect at the time the new application is made.
5. In determining whether to grant a request for extension, the Planning & Zoning Commission
and City Council shall take into account the following factors:
(i) The ability of the property owner to comply with any conditions attached to the original
approval, and
(ii) The impact that current development regulations would apply to the required plan.
(2) Building Permit Site Plan Validity and Expiration
A site plan required as part of a building permit application shall be considered a “permit” as
described by State law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC).
(a) Building Permit Site Plan Expiration
Any approved Building Permit site plan shall be deemed expired two (2) years from the date on
which the Building Permit site plan was approved if no progress has been made toward
completion of the project.
(b) Progress Benchmarks
The term “progress” shall be as defined based on TLGC Chapter 245.005 as follows:
1. Plans for construction and an application for a building permit for at least one of the
buildings on the approved Building Permit site plan are submitted within two (2) years
following approval of the Building Permit site plan.
2. A good-faith attempt is made to file with the City an application for a permit necessary to
begin or continue towards completion of the project;
3. Costs have been incurred for developing the project including, without limitation, costs
associated with roadway, utility, and other infrastructure facilities designed to serve, in
whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of
five (5) percent of the most recent appraised market value of the real property on which the
project is located;
4. Fiscal security is posted with the City to ensure performance of an obligation required by the
City; or
5. Utility connection fees or impact fees for the project have been paid to the City.
(c) Expiration
If one of the items listed in (1)(d)1 through (1)(d)5 above is not accomplished within the two (2)
year period, then the approved Building Permit site plan shall expire and shall become null and
void.
(d) Building Permit Site Plan Extension and Reinstatement Request
1. Prior to the expiration of a Building Permit site plan, the applicant may request the City (in
writing) to extend the Building Permit site plan approval.
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2. The Zoning Administrator shall be the responsible official for processing and review of the
application.
3. Such request shall be recommended for approval or denial by the Planning & Zoning
Commission, and shall be granted approval or denial by the City Council.
4. If no request is submitted, then the Building Permit site plan shall be deemed to have
expired and shall become null and void.
(i) Any new request for Building Permit site plan approval shall be deemed a “new permit”,
and shall be submitted with a new application form, with a new filing fee, and with new
plans and materials in accordance with the procedures set forth in this Section.
(ii) The new request shall also be reviewed for compliance with the ordinances and
regulations in effect at the time the new application is made.
5. In determining whether to grant a request for extension, the Planning & Zoning Commission
and City Council shall take into account the following reasons for the lapse.
(i) The ability of the property owner to comply with any conditions attached to the original
approval, and
(ii) The impact that current development regulations would apply to the Building Permit
site plan.
(3) Planned Development Master Plan: Validity and Expiration
In conformance with TLGC Chapter 245, as amended, the applicant shall retain the following
additional rights related to an approved Planned Development Master Plan.
(a) Preliminary Plat Submittal within Two (2) Years Required
1. An application for a preliminary plat shall be submitted for approval within two (2) years of
the date of approval of a Planned Development Master Plan, unless otherwise provided in
the PD adopting ordinance.
2. If a preliminary plat consistent with the Planned Development Master Plan is not submitted
within such period, the Planned Development Master Plan shall expire.
(b) Expiration of an Approved Planned Development Master Plan
1. Expiration of an approved Planned Development Master Plan (based on (a) above) shall
result in suspension of the ability to submit a preliminary plat related to the original Planned
Development Master Plan.
2. A new Planned Development Master Plan must be submitted before the development
process can continue.
(c) Expiration of an Approved Preliminary Plat
1. The expiration of an approved preliminary plat shall be governed by the provisions of the
Subdivision Ordinance.
2. If a required development application (e.g., preliminary plat, final plat, building permit) is
submitted within the two (2) year period, but such development application subsequently
expires, the associated Planned Development Master Plan shall also expire.
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(4) Ability to Retain the Rights to the PD Planned Development Project
In conformance with TLGC Chapter 245, as amended, the applicant shall retain the following rights
related to a proposed PD Planned Development following submittal and approved of a Planned
Development Master Plan.
(a) Ability to Submit Applications for Five (5) Years
1. The applicant shall retain the ability to submit a new Planned Development Master Plan for a
period of five (5) years following the original Planned Development Master Plan approval.
2. Such new Planned Development Master Plan may only be for a substantially similar PD
project.
3. However, any such new Planned Development Master Plan shall adhere to any and all new
standards and regulations that the City has adopted in relation to a Planned Development
Master Plan and/or any other PD application requirements.
(b) Expiration of Project in Five (5) Years
Any PD project for which no preliminary plat has been submitted for a period of five (5) years
following the approval of the related Planned Development Master Plan shall expire on the last
day of that five (5) year period.
(c) Planning & Zoning Commission Consideration
1. After such five (5) year period has ended and the project expires, the Planning & Zoning
Commission shall consider whether the undeveloped land within the PD District should be
changed to another zoning classification in accordance with the procedures for a zoning
amendment pursuant to Subsection 6.03 Zoning Text and Map Amendments.
2. The Planning & Zoning Commission thereafter shall recommend to the City Council whether
the right to submit a preliminary plat or other development application for the same PD
project should be reinstated, or whether the property should be rezoned to another
classification.
(d) City Council Consideration and Action
1. Consideration
(i) The Planning & Zoning Commission’s recommendation (as outlined in (c) above) shall be
considered by the City Council in accordance with procedures for a zoning amendment
pursuant to Subsection 6.03 Zoning Text and Map Amendments.
(ii) The City Council shall determine whether the right to submit the preliminary plat or
other development application for the same PD project should be reinstated, or
whether the property should be rezoned to another classification.
(iii) In making such determination, the City Council shall consider the following factors:
i. Whether the PD Planned Development remains consistent with the Comprehensive
Plan;
ii. Whether the uses authorized in the PD Planned Development are compatible with
existing and planned land uses adjacent to the site;
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iii. Whether there are extenuating circumstances justifying the failure to submit a
preliminary plat or other development application during the applicable time
period; and
iv. Whether rezoning the property to another classification constitutes confiscation of
a vested property right or deprives the owner of the economically viable use of the
land.
2. City Council Action
Upon the above subsections occurring, the City Council may take the following actions:
(i) Reinstate the right to submit the preliminary plat or other development application for
the original PD project within a certain time period, subject to any conditions that may
be appropriate to ensure that significant progress will be made toward development of
land within the PD Planned Development district;
(ii) Modify the PD Planned Development district regulations applicable to the property; or
(iii) Repeal the PD Planned Development district for portions of the property and zone such
property to another zoning district classification.
(F) Decision of a Zoning Vested Rights Determination Request
(1) Review of a Zoning Vested Rights Determination Request
The responsible official shall promptly forward the owner’s vested rights request, along with any
supporting information or documentation provided along with the request, to the Zoning
Administrator and City Attorney for their respective reviews.
(2) Decision on a Zoning Vested Rights Determination Request
(a) The Zoning Administrator, after consultation with the City Attorney, shall issue a final
administrative determination of whether a vested right exists in relation to the project, and shall
identify, with particularity, all claims for vested rights that have been granted and all claims for
vested rights that have been denied.
(b) The Zoning Administrator shall issue a final administrative determination with thirty (30) business
days from the receipt of the responsible official.
(3) Vesting Pre-Determination Conference
Prior to rendering the final determination, the Zoning Administrator may request a pre-determination
conference with the owner to discuss the owner’s vested rights claim and to ensure that the nature
of the claim is fully and completely understood by the Zoning Administrator prior to a final
determination being rendered.
(G) Appeal to the City Council of a Decision on a Zoning Vested Rights Determination Request
(1) If the property owner or any affected party believes that the Zoning Administrator’s vested rights
determination is in error, the property owner or such party shall have the right to appeal within thirty
(30) business days of such determination to the City Council, which will have jurisdiction to hear and
decide the appeal pursuant to this Zoning Ordinance and Chapter 211 of the Texas Local Government
Code.
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(2) The property owner may also request the Board of Adjustment to grant a zoning variance from the
regulations at issue under the same standards governing variances for other matters, as set forth in
this Zoning Ordinance and/or Chapter 211 of the Texas Local Government Code.
(H) Judicial Review
Should the property owner or any aggrieved person be dissatisfied with the actions of the City Council,
they may avail themselves of all legal remedies to review the decision as set forth in Section 211.011 of
the Texas Local Government Code.
(I) Binding Determination
(1) The Zoning Administrator’s final determination, if not appealed to the City Council within thirty (30)
business days, shall be immediately filed in the City’s files related to the project and the
determination shall be considered binding upon the City and the property owner for the duration of
the project.
(2) Similarly, any decision by the City Council regarding a vested right claim shall be filed in the City’s files
related to the project and the determination shall be considered binding upon the City and the
property owner for the duration of the project.
(3) Notwithstanding the binding nature of the Zoning Administrator’s final determination and any ruling
by the City Council, the City and the property owner may, at any time, enter into a development
agreement that, to the extent authorized by law, modifies the final determination and the applicable
development regulations to be applied to the project.
(J) Action on Petition and Order
The Zoning Administrator or City Council on the petition or appeal may take any of the following actions:
(1) Deny the relief requested in the request, and direct that the application shall be reviewed and
decided under currently applicable standards;
(2) Grant the relief requested in the request, and direct that the application be reviewed and decided in
accordance with the standards contained in identified prior regulations; or
(3) Grant the relief requested in part, and direct that certain identified current standards be applied to
the application, while standards contained in identified prior regulations also shall be applied.
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Subsection 6.06. Site Plan Requirements
6.06.01. Site Plan Requirements
(A) Timing of the Site Plan Requirement
(1) Rezoning
No site plan is required at the time of zoning or rezoning applications except for applications for:
(a) SUP Specific Use Permit
(b) MX Mixed Use
(2) Building Permit
Site plans are required at time of building permit application.
(B) Elements and Scale of the Site Plan Requirement – Application Form
The Director shall establish an application form outlining all requirements of the site plan and shall be
responsible for maintaining and revising the application form.
6.06.02. Approval
(A) Approval Authorities
(1) City Council
Approval by the City Council shall be required on all site plans submitted in accordance with this
Ordinance, except site plans submitted with a building permit application (see 6.06.01. (A)(1) above).
(2) Zoning Administrator
The Zoning Administrator shall have approval authority on all site plans submitted at the time of
building permit application (see 6.06.01. (A)(2) above).
(B) Review process
(1) Site Plan for a Rezoning
Site plans submitted according to Subsection 6.03 Zoning Text and Map Amendments for rezoning
property shall follow the following process.
(a) The Development Review Committee (DRC) shall evaluate all site plans and submit findings in a
report regarding the site plan’s conformance to the standards of this Zoning Ordinance to the
Zoning Administrator within twenty (20) business days following receipt of a completed
application.
(b) Upon receipt from the DRC, the Zoning Administrator may either modify or accept the DRC
report and shall submit a report to the Planning & Zoning Commission.
(c) The Planning & Zoning Commission shall review and recommend action to the City Council on the
site plan forwarded by the Zoning Administrator.
(d) The City Council shall take action to approve, approve with conditions, or deny the site plan.
(2) Site Plan for a Building Permit
The Development Review Committee (DRC) shall review site plans at time of building permit
application.
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(a) The Development Review Committee (DRC) shall evaluate all site plans and submit findings in a
report regarding the site plan’s conformance to the standards of this Zoning Ordinance within
twenty (20) business days following receipt of a complete application.
(b) The Zoning Administrator shall have the authority to approve or deny the site plan.
(C) Standards for Site Plan Review and Evaluation
The City Council or the Zoning Administrator (as determined by (A) above) shall review the site plan for
compliance with all applicable City ordinances with respect to the following:
(1) The site plan's compliance with all provisions of this Zoning Ordinance, and other applicable
ordinances.
(2) The relationship of the development to adjacent uses in terms of harmonious design, façade
treatment, setbacks, building materials, maintenance of property values, and any possible negative
impacts.
(3) The provision of a safe and efficient vehicular and pedestrian circulation system, such as driveways.
(4) The design and location of off-street parking and loading facilities to ensure that all such spaces are
usable and are safely and conveniently arranged.
(5) The sufficient width and suitable grade and location of streets designed to accommodate prospective
traffic and to provide access for firefighting and other emergency equipment to buildings.
(6) The coordination of streets so as to arrange a convenient system consistent with the City’s adopted
Thoroughfare Plan, as amended.
(7) The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement,
or activities from adjacent properties when necessary.
(8) Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to
minimize glare and reflection upon adjacent properties.
(9) Protection and conservation of water courses and areas that are subject to flooding.
(10) The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities
necessary for essential services to residents and occupants.
(D) Developments Approved in Conjunction with a Site Plan
Any individual lot or lots proposed for development that were approved in conjunction with a site plan
that shall require rezoning that have not complied with the requirements of 6.06.06. Applicant Initiated
Elimination of Existing Site Plans and 6.06.07. Expiration of Site Plans below or SUP Specific Use Permit
shall follow the requirements set out in Subsection 6.06 Site Plan Requirements and Subsection 6.03
Zoning Text and Map Amendments.
(E) Conformity Required for the Granting of Building or Occupancy Permits
In order for a building permit or occupancy permit to be granted, all construction shall conform to the
approved site plan, or if no site plan is required, then all other requirements of this Ordinance shall be
met.
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6.06.03. Failure to Comply
Whenever the Zoning Administrator finds that any proposed construction varies substantially for properties
approved in conjunction with a site plan approved by the Planning & Zoning Commission and City Council, the
procedure outlined in 6.06.04. Major Variation below shall be followed.
(A) Major Variation of a Site Plan
(1) A major variation is defined as an increase or decrease in the size of a building by twenty (20)
percent, a change in configuration of the proposal, increase in the number of curb cuts or change in
direction of curb cuts, and change in point of discharge of water.
(2) A change in the use of a building or property with said change in use being a permitted use in the
applicable zoning district, does not require the site plan to be reviewed.
(B) Minor Variation of a Site Plan
(1) A minor variation may be approved by the Zoning Administrator or referred as outlined in 6.06.04.
Major Variation below at the discretion of the Zoning Administrator.
(2) A minor variations include corrections of distances and dimensions, adjustments of building
configuration and placement, increase in building area not to exceed 1,000 square feet, and the
addition or removal of ten (10) or fewer parking spaces.
(3) In regards to property being developed that does not require an approved site plan by Planning &
Zoning Commission or City Council, no deviation from the site plan submitted at the time of building
permit application shall be allowed unless an application for amendment is made by the applicant
and approved by the Zoning Administrator.
6.06.04. Major Variation
Major variation to the site plan shall occur in the same manner as the original application.
6.06.05. Fees
Refer to the adopted Zoning Ordinance Fee Schedule for fees.
6.06.06. Applicant Initiated Elimination of Existing Site Plans
With the exception of SUP Specific Use Permits and PD Planned Developments, applicants for site plans
approved in conjunction with a rezoning request prior to the adoption of this Ordinance may apply for a public
hearing as prescribed in Subsection 6.03 Zoning Text and Map Amendments before the Planning & Zoning
Commission and City Council to request elimination of said site plan.
6.06.07. Expiration of Site Plans
The approval of a site plan shall be effective for a period of three (3) years from the date of approval by the
City Council or City Staff, at the end of which time the applicant must have submitted and received approval of
a building permit or the Zoning Administrator must determine that the applicant has demonstrated substantial
progress toward the completion of the project for which the site plan was approved.
(A) Null and Void
If a building permit is not approved or the Zoning Administrator determines no substantial progress has
been made, the site plan approval is null and void.
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(B) Partial Expiration
If permits have been approved only for a portion of the property and/or improvements, the site plan for
the remaining property and/or improvements shall be null and void.
(C) Submission of New a Site Plan
The applicant shall be required to submit a new site plan for review and approval subject to the then
existing regulations.
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Subsection 6.07. PD Application and Review
6.07.01. General
(A) PD Planned Development Zoning District Establishment
An application for a PD Planned Development Zoning District shall be made to the Planning & Zoning
Commission and City Council in the same manner that an application for any Zoning Map Amendment
(Rezoning) is made.
(B) Submission of PD Related Plats and Site Plans Shall Occur After PD Establishment
The subsequent applications for plats and site plans within an established PD Planned Development
district shall be reviewed and approved separately and independently in accordance with established
procedures.
(C) Land Area Requirement for PD Planned Developments
A PD district requires a minimum of two (2) contiguous acres. Acreage may be less than two (2) acres
when carrying out the recommendations of the Comprehensive Plan.
6.07.02. Planned Development (PD) Submission Requirements
(A) The Developer of a PD shall Follow a 5 Step Procedure:
(1) Pre-application conference.
(2) Zoning Map Amendment (Rezoning) application with the submission of Planned Development Master
Plan, which includes the:
(a) PD Design Statement and
(b) PD Concept Design Map.
(3) Preliminary plat, if subdivision occurs and where required by the Subdivision Ordinance.
(4) Final plat, if subdivision occurs and where required by the Subdivision Ordinance.
(5) Application for building permit and site plan reviewed by the DRC.
(B) Approvals Needed before Proceeding
(1) Each required step shall be completed and approved before the following step is reviewed.
(2) Where appropriate, other methods authorized in the Subdivision Ordinance may be substituted in
Step 3. Preliminary Plat and Step 4. Final Plat, such as an amending plat or minor plat, etc.
(3) The Planning & Zoning Commission and City Council may, however, review more than one step at the
same public hearing.
(C) Public Hearings (Rezonings and Plats)
(1) Public hearings shall be held on the Zoning Map Amendment (Rezoning) application and the Planned
Development Master Plan in accordance with regular procedures for zoning applications.
(2) Public hearings on required plats shall be held in accordance with regular procedures established in
the Subdivision Ordinance.
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6.07.03. Planned Development (PD) Steps for Creation and Development
(A) Step 1. Pre-Application Conference Review
(1) At least ten (10) business days prior to submission of an application for Zoning Map Amendment
(Rezoning) to a PD Planned Development, the applicant shall submit to the Zoning Administrator a
Sketch Plan drawn to approximate scale showing streets, lots, public areas, and other significant
features. The applicant shall execute an acknowledgement that the pre-application conference does
not initiate a vested right.
(2) The applicant should discuss with the Zoning Administrator the procedure for adopting a PD Planned
Development and the requirements for the general layout of streets and utilities, access to arterials,
or general design and narrative, the availability of existing services, and similar matters.
(3) The Zoning Administrator shall also advise the applicant, where appropriate, to discuss the proposed
PD Planned Development with those officials charged with responsibility to review the various
aspects of the proposal coming within their jurisdiction.
(4) The intent of Step 1. Pre-Application Conference Review is to expedite and facilitate the approval of
a Planned Development Master Plan.
(B) Step 2. PD Application for Rezoning and Planned Development Master Plan
(1) Procedures and Requirements
(a) The PD Zoning Map Amendment (Rezoning) application shall be filed in accordance with regular
procedures and on application forms of the City.
(b) The Planned Development Master Plan, which is submitted with the application for rezoning,
shall consist of a PD Design Statement and a PD Concept Design Map.
(c) The applicant shall also provide other supporting maps as necessary to meet the submission
requirements of this Zoning Ordinance.
(2) PD Design Statement
The PD Design Statement shall be a written report submitted as a part of the Planned Development
Master Plan containing a minimum of the following elements:
(a) Title of PD;
(b) List of the owners and/or Developers;
(c) Statement of the general location and relationship to adjoining land uses, both existing and
proposed;
(d) Description of the PD concept, including an acreage or square foot breakdown of land use areas
and densities proposed, a general description proposed, a general description of building use
types, proposed restrictions, and typical site layouts;
(e) The existing PD zoning districts in the development area and surrounding it;
(f) Selection of one conventional zoning district as a base zoning district to regulate all uses and
development regulations not identified as being modified (multiple base zoning districts may be
selected to accommodate a mixture of land uses in different geographic areas);
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(g) A list of all applicable special development regulations or modified regulations to the base zoning
district; plus a list of requested subdivision waivers to the Subdivision Ordinance or other
applicable development regulations;
(h) A statement identifying the existing and proposed streets, including right-of-way standards and
street design concepts;
(i) The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover,
and drainage information;
(j) A topographic map with minimum five (5) foot contour intervals;
(k) Drainage information, including number of acres in the drainage area and delineation of
applicable flood levels;
(l) A statement of utility lines and services to be installed, including lines to be dedicated to the City
and which will remain private;
(m) The proposed densities, and the use types and sizes of structures; and
(n) A description of the proposed sequence of development.
(3) PD Concept Design Map
(a) The PD Concept Design Map shall be a graphic representation of the development plan for the
area of a PD Planned Development.
(b) The Zoning Administrator shall establish an application form outlining all requirements of the PD
Concept Design Map and shall be responsible for maintaining and revising the application form.
(4) Approval of the Planned Development Master Plan
(a) Upon final approval by the City Council of the Planned Development Master Plan and the
appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning
District Map.
(b) The rezoning ordinance shall adopt the Planned Development Master Plan by reference, and it
shall be attached to said ordinance and become a part of the official records of the City.
(5) Expiration of Planned Development Master Plan
(a) If, after two (2) years from the date of approval of a Planned Development Master Plan, no
substantial development progress has been made within the PD, then the Planned Development
Master Plan shall expire.
(b) If a Planned Development Master Plan expires, a new Planned Development Master Plan must be
submitted and approved according to the procedures within this section.
1. An extension to the two (2) year expiration shall be granted if a development application for
the PD has been submitted and is undergoing the development review process or if the
Zoning Administrator determines development progress is occurring.
(6) Use and Development of the Property
(a) The Planned Development Master Plan shall control the use and development of the property,
and all building permits and development requests shall be in accordance with the plan until it is
amended by the City Council.
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(b) The developer shall furnish a reproducible copy of the approved PD Concept Design Map for
signature by the mayor and acknowledgement by the City secretary.
(c) The Planned Development Master Plan, including the signed map and all supporting data, shall
be made a part of the permanent file and maintained by the City secretary.
(C) Step 3. Preliminary Plat
(1) If the subdivision of land is to occur, then after City Council approval of the Zoning Map Amendment
(Rezoning) with the associated Planned Development Master Plan, the developer shall prepare a
Preliminary Plat for the entire development area.
(2) Where a recorded plat exists and where there will be no extensive easements, no homeowners or
property owners associations, no plat restrictions, and no sale of lots that do not conform to the
platted lot lines, the City Council may waive the platting requirement.
(D) Step 4. Final Plat
(1) Where a subdivision plat is required, the developer shall prepare a final plat for review, approval, and
filing of record according to procedures established by the City Council. In addition to these
procedures, the final plat shall include:
(a) Provisions for the ownership and maintenance of common open space and detention/retention
ponds. Said open space shall be dedicated to a private association or dedicated to the public
provided that a dedication to the public shall not be accepted without the approval of the City
Council.
(b) A homeowners and property owners association shall be created if other satisfactory
arrangements have not been made for improving, operating, and maintaining common facilities,
including private street drives, fire lanes, service and parking areas, and recreation areas.
(2) If no plat is required, then proof of the items identified in (1)(a) and (1)(b) above shall be submitted
and approved as a part of the Planned Development Master Plan at the time the Zoning Map
Amendment (Rezoning) is considered for approval.
(E) Step 5. Site Plan
A site plan shall be submitted upon the application for a building permit and reviewed in accordance with
procedures established in Subsection 6.06 Site Plan Requirements.
6.07.04. Planned Development (PD) Modifications
(A) Minor PD Amendment and Adjustment
The Zoning Administrator may approve or defer for City Council consideration a Minor PD Amendment
and Adjustment to the Planned Development Master Plan provided all of the following conditions are
satisfied:
(1) The project boundaries are not altered.
(2) Uses other than those specifically approved in the Planned Development Master Plan are not added.
Uses may be deleted but not to the extent that the character of the project is substantially altered
from the character described within the PD Design Statement.
(3) The allocation of land to particular uses or the relationship of uses within the project are not
substantially altered.
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(4) The density of housing is not increased more than ten (10) percent or decreased by more than thirty
(30) percent.
(5) The land area allocated to nonresidential uses is not increased or decreased by more than ten (10)
percent.
(6) Floor area, if prescribed, is not increased or decreased by more than ten (10) percent.
(7) Floor area ratios, if prescribed, are not increased.
(8) Open space ratios, if prescribed, are not decreased.
(B) Zoning Administrator Approval
(1) The Zoning Administrator shall determine if proposed amendments to an approved Planned
Development Master Plan satisfy the above criteria.
(2) If the Zoning Administrator finds that these criteria are not satisfied, an amended Planned
Development Master Plan shall be submitted for full review and approval according to the
procedures set forth in these regulations.
6.07.05. Reversion
(A) Property Owner Request
(1) If the property owner decides to abandon the PD concept and nullify the Planned Development
Master Plan, he shall make application for rezoning either to the original status or to a new
classification.
(2) Said application shall be heard according to regular rezoning procedures utilized by the Planning &
Zoning Commission and City Council.
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Subsection 6.08. Specific Use Permit (SUP)
6.08.01. Specific Use Permit Regulations and Procedures
(A) Procedures for Processing a Specific Use Permit
(1) The Zoning Administrator shall initiate review of the SUP and may request written comments from
the Development Review Committee (DRC), if deemed necessary.
(2) Planning & Zoning Commission shall review and recommend approval, approval with conditions, or
denial of the SUP to the City Council.
(3) After receiving recommendation from Planning & Zoning Commission, City Council shall approve,
approve with conditions, or deny the SUP. Although the approval of the SUP does not change the
zoning classification.
(4) Both Planning & Zoning Commission and City Council shall provide the required public hearing and
notice in accordance with 6.03.02. Public Hearings and Notification Requirements for Zoning
Related Applications.
(B) Compatibility Considerations
(1) The City Council and the Planning & Zoning Commission in considering any request for Specific Use
Permit shall only approve such request after they have determined that the use or uses allowed will
not be detrimental to the adjacent properties or to the City as a whole.
(2) The Zoning Administrator, City Council and the Planning & Zoning Commission may require from the
applicant any plans, information, operational data, and expert evaluation concerning the location,
function, and characteristics of the proposed use or buildings.
(3) The City Council when granting a Specific Use Permit, and the Planning & Zoning Commission when
making a recommendation concerning a Specific Use Permit, shall establish conditions and
regulations, in addition to those of the base zoning district, necessary to protect the health, safety,
morals, and general welfare of the neighborhood and/or the City. In addition, the use shall be in
general conformance with the Comprehensive Plan and general objectives of the City. These
conditions may include but are not limited to:
(a) Paving of streets, alleys, and sidewalks,
(b) Means of ingress and egress to public streets,
(c) Provisions for drainage,
(d) Adequate off-street parking,
(e) Protective screening, landscaping, and open space,
(f) Area or security lighting,
(g) The locations and heights of structures,
(h) Architectural compatibility of buildings,
(i) Intensity of the use, and
(j) Adequate traffic circulation required to contain all stacking activity on the site.
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(C) Imposed Conditions for Approval
(1) In granting a Specific Use Permit, the City Council may impose conditions that shall be complied with
by the owner or grantee before a certificate of occupancy may be issued by the Building Official for
use of the building or property.
(2) Any special conditions shall be set forth in writing in the ordinance granting the SUP.
(D) Compliance Mandatory with Written Requirements
No Specific Use Permit shall be granted unless the applicant, owner and grantee of the Specific Use Permit
shall be willing to accept and agree to be bound by and comply with the written requirements of the
Specific Use Permit, as attached to the site plan drawing(s) and approved by the Planning & Zoning
Commission and City Council.
(E) Specific Use Permit Expiration and Extension
(1) SUP Expiration
An SUP shall automatically expire if a building permit is not issued and construction begun within six
(6) months of the granting of the SUP.
(2) SUP Extension
The City Council may authorize an extension beyond the six (6) months upon recommendation by the
Zoning Administrator.
(F) Enlargement, Modification, or Structural Alternation
(1) A building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally
altered, or otherwise changed provided the changes do not:
(a) Increase the height of structures, including antenna support structures;
(b) Increase building square footage from its size at the time the original Specific Use Permit was
granted by greater than ten (10) percent;
(c) Reduce the distance between a building or noise-generating activity on the property and an
adjacent, off-site residential use. This provision shall not apply should the property and the
residential use be separated by a major thoroughfare depicted on the City’s Thoroughfare Plan;
or
(d) Reduce the amount of open space as indicated on the previously approved zoning exhibit.
(2) All other enlargements, modifications, structural alterations, or changes shall require the approval of
a new Specific Use Permit. Antennas may be placed on antenna support structure that is already
permitted by an existing Specific Use Permit without approval of a separate Specific Use Permit
subject to approval of a final plat and site plan for the property if appropriate.
(3) An SUP can only be used by the specific use for which it is granted. (For example, a use that obtained
an SUP cannot convert to another use that requires an SUP without approval.)
(G) Board of Adjustment Exclusion
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision,
determination, or ruling with respect to the specific land use designated by any Specific Use Permit.
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(H) Zoning Map
(1) When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended
according to its legend to indicate that the affected area has conditional and limited uses, and said
amendment is to indicate the appropriate zoning district for the approved use and prefixed by an “S”
designation.
(2) Specific Use Permits granted shall be indicated by numerical designation on the Zoning District Map,
and a record maintained of the numerical designation of each SUP and the conditions of approval.
(3) Specific Use Permits are attached to the property, not to the owner, the business, or the subtenant.
(I) Amend, Change, or Rescind a Specific Use Permit
Upon holding a properly noticed public hearing, the City Council may amend, change, or rescind a Specific
Use Permit after recommendation by the Planning & Zoning Commission if:
(1) The building, premise, or land uses under a Specific Use Permit is enlarged, modified, structurally
altered, or otherwise significantly changed without approval of a separate Specific Use Permit for
such enlargement, modification, structural alteration, or change;
(2) Violation of any provision of the terms or conditions of a Specific Use Permit;
(3) Ad valorem taxes on the property are delinquent by more than six (6) months; or
(4) The Specific Use Permit was obtained by fraud or with deception.
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Subsection 6.09. Amortization of Nonconforming Uses
(A) City Council Initiation of Amortization Case
Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a
compliance date for a nonconforming use.
(B) Board of Adjustment Decision of Amortization Case
(1) Per the authorization of City Council, the Board of Adjustment may require the discontinuance of a
Nonconforming Use under any plan whereby the full value of the use’s structure and facilities can be
amortized within a definite period of time, taking into consideration the general character of the
neighborhood and the necessity for all property to conform to the zoning regulations.
(2) All actions to discontinue a nonconforming use shall be taken with due regard for the property rights
of the persons affected when considered in the light of the public welfare and the character of the
area surrounding the nonconforming use and the conservation and preservation of property.
(C) Public Hearing Process
Upon receiving a request from the City Council, staff shall schedule the first public hearing before the
Board. The Board may establish a compliance date only after holding two separate public hearings.
(1) First Public Hearing
The Board shall hold a public hearing to determine whether continued operation of the
nonconforming use will have a significant adverse effect on nearby properties. If, based on the
evidence presented at the public hearing, the Board determines that continued operation of the
nonconforming use will have a significant adverse effect on nearby properties, it shall schedule a
second public hearing to establish a compliance date for the nonconforming use; otherwise, it shall
not. In determining whether the continued operation will have a significant adverse effect on nearby
properties, the Board shall consider the following factors:
(a) The character of the surrounding neighborhood.
(b) The degree of incompatibility of the use with the zoning district in which it is located.
(c) The manner in which the use is being conducted.
(d) The hours of operation of the use.
(e) The extent to which continued operation of the use may threaten public health or safety.
(f) The environmental impacts of the use's operation, including but not limited to the impacts of
noise, glare, dust, and odor.
(g) The extent to which public disturbances and nuisances may be created or perpetuated by
continued operation of the use.
(h) The extent to which traffic or parking problems may be created or perpetuated by continued
operation of the use.
(i) Any other factors relevant to the issue of whether continued operation of the use will adversely
affect nearby properties.
(j) To the extent the nonconforming use impacts the value and marketability of the abutting and
surrounding properties or neighborhood.
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(2) Second Public Hearing
(a) If the Board has determined in the first public hearing that the nonconforming use has an
unacceptable adverse effect on nearby properties, it shall hold a second public hearing to set a
date for compliance. The Board shall, in accordance with the law, provide a compliance date for
the nonconforming use under a plan whereby the owner's actual investment in the use before
the time that the use became nonconforming can be amortized within a definite time period. The
following factors must be considered by the Board in determining a reasonable amortization
period:
1. The owner's capital investment in structures, fixed equipment, and other assets (excluding
inventory and other assets that may be feasibly transferred to another site) on the property
before the time the use became nonconforming.
2. Any costs that are directly attributable to the establishment of compliance date, including
demolition expenses, relocation expenses, termination of leases, and discharge of
mortgages.
3. Any return on investment since inception of the use, including net income and depreciation.
4. The anticipated annual recovery of investment, including net income and depreciation.
5. A reasonable closeout and termination period for the nonconforming use.
(b) If the Board, at the first public hearing, requests financial documentation and/or records from
the owner relating to the factors listed directly above, the owner shall provide said documents
and/or records at least thirty (30) days before the second public hearing. If the owner does not
provide said documentation, the Board is authorized to make its determination of a compliance
date based upon any reasonably available public records as well as public testimony at the
hearing. Failure by owner to provide the requested financial documents and records shall not
prevent the Board from setting a compliance date.
(D) Ceasing Operations
If the Board establishes a compliance date for a nonconforming use, the use must cease operations on
that date and it may not operate thereafter unless it becomes a conforming use.
(E) Definitions
For purposes of this subsection, "owner" means the owner of the Nonconforming Use at the time of the
Board's determination of a compliance date for the nonconforming use.
(F) Finality of Decisions
(1) Decisions that cannot be Immediately Appealed
A decision by the Board that the continued operation of a Nonconforming Use will have a significant
adverse effect on neighboring property and the Board’s decision to schedule a second public hearing
to establish a compliance date are not final decisions and cannot be immediately appealed.
(2) Decision to Deny a Request to Establish a Compliance Date
A decision by the Board to deny a request to establish a compliance date is final unless appealed to
state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government
Code.
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(3) Decision Setting a Compliance Date
A decision by the Board setting a compliance date is final unless appealed to state court within ten
(10) calendar days in accordance with Chapter 211 of the Local Government Code.
Subsection 6.10. Reinstatement of Nonconforming Rights
(A) Loss of Nonconforming Rights Status
If the Zoning Administrator determines that a nonconforming use has been discontinued under 1.06.04.
(B) Reinstatement of Nonconforming Use Rights and has lost its nonconforming rights, the use shall not
be instituted on that parcel or other parcel in any district that does not permit the discontinued use.
(B) Notice to Owner and/or Operator Required
Notice of this determination shall be made in writing to the owner and/or operator of the discontinued
use.
(C) Application for Nonconforming Rights Reinstatement
(1) The owner and/or operator of the abandoned nonconforming use may submit a written application
to the Board to have the nonconforming rights reinstated.
(2) Written application for reinstatement of nonconforming rights must be made within ten (10) business
days after the Zoning Administrator issues the written notice of determination that a use has been
permanently abandoned.
(D) Board Decision
The Board may reinstate nonconforming rights only if the Board finds there was a clear intent not to
abandon the use even though the use was discontinued for six (6) months or more. The failure of the
owner and/or operator to remove on-premise signs shall not be considered (on its own) evidence of a
clear intent not to abandon the use.
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Subsection 6.11. Appeals and the Appeal Process
6.11.01. Appeal of an Administrative Decision
(A) The Board of Adjustment may 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 or
Section 211.007, Texas Local Government Code as it exists or may be amended.
(B) In exercising the Board's authority herein, 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.
6.11.02. Appeal of a Building Permit Site Plan Decision
Any person aggrieved by the decision of the Zoning Administrator on a site plan for a building permit may
appeal to the Planning & Zoning Commission and City Council.
(A) Notice of Appeal
Notice of such appeal shall be given within thirty (30) business days after the decision of the Planning and
Community Development department, and the department shall cause the appeal to be set for hearing
before the Planning & Zoning Commission and City Council.
(B) Planning & Zoning Commission Recommendation on Appeal
The Planning & Zoning Commission shall make a recommendation to the City Council on the site plan.
(C) City Council Decision on Appeal
The City Council shall take action to approve, approve with conditions, or deny the site plan.
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Subsection 6.12. Zoning Variance
6.12.01. Purpose and Applicability
(A) Cases for which a Zoning Variance may be Granted
The Zoning Board of Adjustment may authorize a variance from the development regulations in this
Zoning Ordinance such as the Height (including number of stories), Yard (including setbacks), Lot Area, Lot
Coverage, Structures (including size, density and location), Parking requirements, Performance Standards
and other development regulations contained herein.
(B) Variance Criteria
No zoning variance shall be granted without first having given public notice and having held a public
hearing on the zoning variance request in accordance with 6.03.02. Public Hearings and Notification
Requirements for Zoning Related Applications and unless the Board of Adjustment finds all the following
criteria are met.
(1) Unique Circumstances
That there are special circumstances or conditions affecting the land involved such that the
application of the Zoning Ordinance’s provisions would deprive the applicant of the reasonable use of
his/her land.
(2) Minimum Necessary Relief Required to Alleviate the Undue Hardship
The zoning variance, if granted, would be the minimum necessary relief required to alleviate the
undue hardship.
(3) Preservation of Property Rights
That the zoning variance is necessary for the preservation and enjoyment of a substantial property
right of the applicant.
(4) No Substantial Detriment to the Public Good
That the granting of the zoning variance will not be detrimental to the public health, safety or
welfare, impair the purposes and intent of this Zoning Ordinance and the Comprehensive Plan or be
injurious to other property within the area.
(5) Orderly Use of Land
That the granting of the zoning variance will not have the effect of preventing the orderly use of
other land within the area in accordance with the provisions of this Zoning Ordinance.
(6) Precedent
The granting of an individual zoning variance will not set a precedent.
(7) Finding of Undue Hardship
In order to grant a zoning variance, the Board of Adjustment must make findings that an undue
hardship exists, using the following criteria:
(a) That literal enforcement of the controls will create an undue hardship or practical difficulty in the
development of the affected property; and
(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; and
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(c) That the relief sought will not injure the permitted use of adjacent conforming property; and
(d) That the granting of a zoning variance will be in harmony with the spirit and purpose of these
regulations.
(e) Financial hardship alone is not an “undue hardship” if the property can be used, meeting the
requirements of the zoning district in which the property is located.
(C) Variance Limitations
(1) Completed Action Required Before a Variance
An application or request for a variance shall not be heard or granted with regard to any parcel of
property or portion thereof upon which a site plan, preliminary plat, or final plat, when required by
the Zoning Ordinance or the Subdivision Ordinance for any parcel of property or portion thereof, has
not been finally acted upon by both the Planning & Zoning Commission and, where required, by the
City Council.
(2) Exhausted all Other Options
The administrative procedures and requirements of the Zoning Ordinance, and any amendments
thereto, with regard to both the Planning & Zoning Commission and City Council consideration and
action, on site plans, preliminary plats, and final plats, must be exhausted prior to requesting a
variance.
(D) Public Hearing Required
(1) The Board of Adjustment shall hold a public hearing for each variance applicant and shall provide the
notice and public hearing required by this Ordinance.
(2) At the public hearing, the Board of Adjustment shall consider public comments, the Zoning
Administrator’s recommendation, and other applicable information and shall approve, approve with
conditions, or deny the variance application.
(E) Concurring Vote of 75 Percent Required
Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of
the members of the Board of Adjustment is necessary to grant a zoning variance.
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Subsection 6.13. Zoning Special Exception
6.13.01. Purpose and Applicability
(A) Purpose
The Board of Adjustment is authorized to hear and decide a special exception to the Zoning Ordinance
that are not permitted by right in a particular district because of potential adverse effect, but which if
controlled in the particular instance as to its relationship to the neighborhood and to the general welfare,
may be permitted by the Board of Adjustment, where specifically authorized by (D) below, and in
accordance with the substantive and procedural standards of the Zoning Ordinance.
(B) Zoning Special Exception Defined
A special exception is an allowed variation from the Zoning Ordinance, but is differentiated from a
variance as the term is used in this Zoning Ordinance by the following:
(1) No Hardship Required
A special exception does not require a finding of an undue hardship.
(2) Specifically Allowed and Pre-Determined by the Zoning Ordinance
Approval of a special exception by the Board of Adjustment is specifically provided for and defined in
this Zoning Ordinance.
(C) Requests for a Zoning Special Exception
(1) The Board of Adjustment may grant a special exception in accordance to the provisions of (D) below
upon written request of the property owner.
(2) The Zoning Administrator shall process and review a special exception.
(D) Zoning Special Exception Authorized
When in the Board of Adjustment judgment, the public convenience and welfare will be substantially
served and the appropriate use of the neighboring property will not be substantially injured, the Board of
Adjustment may, in specific cases, after public notice and public hearing and subject to appropriate
conditions and safeguards, authorize the following special exceptions to the regulations herein
established:
(1) Parking
(a) A reduction in the number of on-site parking spaces may be granted in the nonresidential
districts and for all nonresidential uses located in residential districts. Documentation justifying
the reduction must be presented.
(b) Parking spaces may be located off-site and counted toward the parking requirements if the
following requirements are met:
1. Parking spaces are within three hundred (300) feet, measured by a straight line from the
nearest point of the land on which the use served is located to the nearest point of the
separated off-site parking space;
2. A safe and accessible pedestrian connection from the parking area to the use is available;
and
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3. A written agreement shall be drawn to the satisfaction of the City Attorney and executed by
all parties concerned assuring the continued availability of the off-site parking facilities for
the use they are intended to serve.
(2) The Board may issue a special exception to grant nonconforming status for a structure that did not
conform to this Ordinance when it was constructed or established, if the Board finds:
(A). The nonconformity was clearly and specifically shown in plans and specifications duly submitted
to obtain a City permit;
(B). Before the work was done, neither the owner, the designer, the surveyor, the contractor nor any
other person assisting with the work knew about the nonconformity;
(C). The nonconformity was clearly covered by the City permit (the same permit for which the plans
and specifications were submitted), and the permit was otherwise regularly issued;
(D). After learning of the nonconformity, the owner promptly conferred with the administrative
official and voluntarily halted any further nonconforming work;
(E). The item will cause no health or safety hazard and no significant impact upon another person or
property; and
(F). The item can be brought into conformity with this Ordinance within the time period specified in
the special exception, at a modest or reasonable cost.
(1). Exception: Bringing the item into conformity need not be required if the Board finds that
the impact of the item on other persons or properties is either nil or extremely small.
(E) The Board of Adjustment may Impose Conditions
In granting special exceptions under this Section, the Board of Adjustment may impose such conditions as
are necessary to protect adjacent property owners and to ensure the public health, safety and general
welfare, including but not limited to conditions specifying the period during which the nonconforming use
may continue to operate or exist before being brought into conformance with the provisions of this
Ordinance.
(F) Concurring Vote of 75 Percent Required
Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of
the members of the Board of Adjustment is necessary to grant a special exception.
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Section 7. Administrative Clauses
Subsection 7.01. Savings / Repealing
7.01.01. Illegal Uses
By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless
specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses
shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
7.01.02. Repealing
All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance.
Subsection 7.02. Penalty for Violations
7.02.01. Violation
A person who knowingly violates any provision of this chapter is guilty of a separate offense for each day
during which the violation is continued.
7.02.02. Fine
Each offense is punishable by a fine of not more than $2,000 nor less than $200, imprisonment, or both. The
minimum fine established in this paragraph shall be doubled for the second conviction of the same offense
within any 24-month period and tripled for the third and subsequent convictions of the same offense within
any 24-month period. At no time shall the minimum fine exceed the maximum fine established in this
paragraph.
7.02.03. Legal Rights
The penal provision imposed under this Ordinance shall not preclude the City of Richland Hills from filing suit
to enjoin the violation. The City of Richland Hills retains all legal rights and remedies available to it pursuant to
local, state, and federal law.
Subsection 7.03. Severability
7.03.01. Unconstitutional or Invalid Section
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or
invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this
Ordinance shall remain in full force and effect.
7.03.02. Independent Sections
The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or
phrases be declared unconstitutional or invalid.
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Subsection 7.04. Estoppel / Waiver
The failure of the City to enforce any term or condition of this Ordinance shall not constitute a waiver or estoppel
or any subsequent violation of this Ordinance.
Subsection 7.05. Publication
This Ordinance shall become effective after its passage and publication as required by law and the City Charter of
the City of Richland Hills, Texas.
Approved as to Form: Passed and Enrolled
__________Day of, _____________, 20_____
City Attorney (Signature in above box) Adoption Date
Mayor, City of Richland Hills, Texas (Signature in above box)
Attest:
City Secretary, City of Richland Hills, Texas (Signature in
above box)
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Section 8. Definitions
For the purpose of this Zoning Ordinance, certain terms and words are to be used and interpreted as defined hereinafter.
Words used in the present tense shall include the future tense; words in the singular number include the plural and words
in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The
word shall is mandatory and not discretionary. The following are the Zoning Ordinance definitions.
Accessory Structure
Any structure, either attached or detached from the main dwelling, the use of which is incidental to that of the
main structure and located on the same lot. Accessory structures include, but are not limited to patio covers,
arbors, gazebos, cabanas, outdoor kitchens and/or recreational fire enclosures, trellis, and structures/sheds or the
like. A permit is required for all accessory structures. Also referred to as accessory buildings.
Acts of Nature
An extraordinary interruption by a natural cause (such as a flood or earthquake) of the usual course of events that
experience, prescience, or care cannot reasonably foresee or prevent.
Agricultural Use
A use that consist of the growing of crops mainly for food and fiber, or the keeping, grazing, breeding, or feeding of
animals for the products they produce or for eventual sale.
Airport/Heliport
A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for
refueling and repair, and various accommodations for passengers.
Alley
A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or
side of properties otherwise abutting a street, and which may be used for public utility purposes.
Antenna
An instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving
any portion of the radio, microwave, or electromagnetic spectrum. See Communication Towers and Television
Receivers Ordinance in the Supplementary Ordinances.
Antique Shop and Used Furniture
A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with
all sales and storage occurring inside a building.
Apartment
A room or suite of rooms in a multifamily residence arranged, designed, or occupied as a place of residence by a
single family, individual, or group of individuals.
Applicant
Any person or entity that submits to the City an application for a permit required by the City for a project. To be
qualified as an applicant under this Ordinance, the person or entity must have sufficient legal authority or
proprietary interests in the land to commence and maintain proceedings under this Ordinance. The term shall be
restricted to include only the property owner(s), or a duly authorized agent and representative of the property
owner.
Application for a Permit
Any document filed with the City that clearly indicates that the applicant is seeking consideration for a permit, the
type of permit sought and provides the City with fair notice of the project, and when used in this Zoning
Ordinance, shall include a plan for development of real property or a plan for development; but excluding
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applications to establish or amend a zoning district, including but not limited to a request to establish or amend a
Planned Development (PD) or to receive or amend a Specific Use Permit (SUP).
Articulation
The visual variation to both the height and depth dimensions of a building through the use of materials, colors,
fenestration and details.
Artisan's Workshop
An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture,
sculpture, pottery, leather-craft, hand-woven articles, and related items.
Athletic Stadium or Field, Private
A private field(s) and structure used for sporting events with associated spectator seating, either permanent or
temporary.
Athletic Stadium or Field, Public
A field(s) and structure owned and operated by the City and/or a local independent school district used for
sporting events with associated spectator seating, either permanent or temporary.
Auction House
A place where objects of art, furniture and other goods are offered for sale to persons who bid on the object in
competition with each other.
Auto Parts Sales, Inside
Stores for the sale of new auto parts where all business is completely contained within a building.
Auto Parts Sales, Outside
The use of any land area for the display and sale of new or used parts, including tires, for automobiles, panel trucks
or vans, trailers, or recreation vehicles.
Automobile
A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and
people, including, but not limited to, passenger cars, trucks, buses, motor scooters, and motorcycles.
Automobile Repair, Major
General repair or reconditioning of engines, air-conditioning systems, and transmissions for automobiles; wrecker
or towing service with on-site storage of vehicles; collision services including body, frame, or fender straightening
or repair; customizing; painting; vehicle steam cleaning; tire retreading; insurance estimations with on-site storage;
undercoating and rust proofing, and other similar uses.
Automobile Repair, Minor
An establishment used for the dispensing or sales of automobile fuels, lubricants, and automobile accessories; the
minor repair or replacement of parts and performing state inspections and making minor repairs necessary to pass
said inspection; automobile detailing; window tinting, and the sales and installation of automobile radios. Uses
listed under “Automobile Repair, Major” or any other similar uses are not included. Vehicles, which are
inoperative or are being repaired, may not remain parked outside for a period greater than seven (7) calendar
days.
Automobile Sales, Used
Sales of used automobiles or light load vehicles.
Automobile Sales/Leasing, New
Sales, rental, and/or leasing of new automobiles or light load vehicles, including, as accessory uses: Automobile
Sales, Used; Automobile Repair, Major; and Automobile Storage.
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Automobile Storage
The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, lease,
distribution, or storage.
Bank, Savings and Loan, or Credit Union
An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the
transmission of funds, including automated teller machines.
Beauty Salon/Barber Shop
Establishments primarily engaged in providing services generally involved in the care of the person or his apparel
including, but not limited to, barber and beauty shops, spas, nail salons, tanning salons, ear piercing shops,
cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn
An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed and
Breakfast Inn may provide for guest stays up to fourteen (14) consecutive calendar days; however, it shall not offer
weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no
food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include restaurants,
banquet facilities, or similar services.
Block
A grouping of residential lots (and their alleys) that are partially or fully surrounded by one or more streets. A block
consists of one or two tiers of lots. Lots that are separated by an alley are in the same block, but lots that are
separated by a street are in different blocks.
Boat Sales and Repair
A use in which the purpose is the repair and/or retail sale of boats and other watercraft to the public.
Body Art Studio
An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of
designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other
substances that result in the permanent coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's
body to insert jewelry or another decoration.
Building
Any structure used or intended for supporting or sheltering any use or occupancy.
Building, Main
A building in which the principal use of the lot on which it is situated is conducted. In a residential district any
dwelling shall be deemed to be a main building on the lot on which it is situated.
Building, Temporary Occupancy
A building or structure without a permanent foundation shall be considered a temporary occupancy building.
Buildings are permitted in accordance with Section 4.02.03 of this ordinance.
Building Height
The vertical distance between the average of the highest and lowest points of grade of that portion of the lot
covered by the building to the highest point of a structure.
Building Line
A line parallel, or approximately parallel, to any front lot line at a specific distance therefrom, marking the
minimum distance from the front lot line that a building may be erected.
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Building Material and Hardware Sales, Major
An establishment for the sale of materials customarily used in the construction of buildings and other structures,
including outside storage or display of materials or merchandise.
Building Material and Hardware Sales, Minor
An establishment for the sale of materials or tools customarily used in the construction of buildings and other
structures, without any outside storage or display of materials or merchandise.
Building Official
The inspector or administrative official charged with responsibility for issuing permits and enforcing the Building
Code.
Business Service
An establishment primarily engaged in providing services not elsewhere classified, to business enterprises on a fee
contract basis, including, but not limited to, advertising agencies, computer programming and software services,
and office equipment sales, rental, leasing, or repair.
Cabinet/Upholstery Shop
An establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture.
Caretaker's/Guard's Residence
A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard, and
his/her family, employed on the premises.
Carport
A structure open on a minimum of two sides designed or used to shelter not more than three (3) vehicles and not
to exceed twenty-four (24) feet on its longest dimension. Also called "covered parking area."
Car Wash, Full Service
A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for
financial consideration.
Car Wash, Self Service
A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.
Carpet Cleaners
A professional business for the residential or commercial cleaning of carpets, other flooring, and similar services to
be performed off-site.
Cemetery or Mausoleum
Property used for the interring of the dead.
Certificate of Occupancy
An official certificate issued by the City through the Building Official that indicates conformance with or approved
conditional variations from the zoning regulations and authorizes legal use of the premises for which it is issued.
Child-Care: Foster Family Home (Independent)
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single
independent home that is the primary residence of the foster parents and licensed to provide care for six or fewer
children up to the age of 18 years.
Child-Care: Foster Group Home (Independent)
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Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single
independent home that is the primary residence of the foster parents and licensed to provide care for seven to 12
children up to the age of 18 years.
Child-Care: Licensed Child-Care Center
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, an
operation providing care for seven or more children younger than 14 years old for less than 24 hours per day at a
location other than the permit holder’s home.
Child-Care: Licensed Child-Care Home
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, the
primary caregiver provides care in the caregiver’s own residence for children younger than 14 years old. The total
number of children in care varies with the ages of the children, but the total number of children in care at any
given time, including the children related to the caregiver, must not exceed 12.
Child-Care: Listed Family Home
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a
caregiver at least 18 years old who provides care in the caregiver’s own residence for compensation, for three or
fewer children unrelated to the caregiver, younger than 14 years old. Regular care is provided, which is care
provided for at least four hours a day, three or more days a week, and more than nine consecutive weeks. The
total number of children in care, including children related to the caregiver, may not exceed 12.
Child Care: Registered Child-Care Home
Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a
caregiver who provides regular care in the caregiver’s own residence for not more than six children younger than
14 years old. Child day care can be provided for six additional school-aged children before and after the customary
school day. The total number of children in care at any given time, including the children related to the caregiver,
must not exceed 12.
Church, Temple, Synagogue, Mosque, or Other Place of Worship
A building used primarily for religious assembly and worship and those accessory activities that are customarily
associated therewith, and the place of residence for ministers, priests, nuns, rabbis, or other religious personnel on
the premises (tax exempt as defined by State law). For the purposes of this Ordinance, Bible study and other
similar activities that occur in a person's primary residence shall not apply to this definition.
City
References to the "City" shall mean the City of Richland Hills, Texas.
City Council
The governing body of the City of Richland Hills, Texas.
College, University, Trade, or Private Boarding School
An institution established for educational purposes offering courses for study beyond the secondary education
level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation.
A boarding school is an educational institution offering primary and secondary level courses. Dormitories for
students and employees only are permitted in conjunction with these uses.
Commercial Amusement, Indoor
An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission
fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement
arcades, and/or practice areas.
Commercial Amusement, Outdoor
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An enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission
fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals.
Community Center
A building or portion of a building owned and/or operated by a government entity or not-for-profit agency in
which facilities are provided for civic, educational, political, or social purposes.
Comprehensive Plan
Graphic and textual form policies that govern the future development of the City and that consists of various
components governing specific geographic areas and functions and services of the City. Current Comprehensive
Plan as it exists or may be amended.
Computer Repair
A business that primarily focuses on the repair of personal computers, including limited sales associated with
providing repair services.
Concrete/Asphalt Batching Plant, Permanent
A permanent manufacturing facility for the production of concrete or asphalt.
Concrete/Asphalt Batching Plant, Temporary
A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a
project, and to be removed when the project is completed.
Construction Yard and Field Office, Temporary
A building, structure, or storage/assembly yard used in conjunction with a development project for housing
temporary supervisory or administrative functions related to development, construction, or the sale of real estate
properties within the development and subject to removal at completion of construction.
Contractor, General/Electrical/Mechanical/Plumbing (no outside storage)
A business whose primary use provides a contracting service or service by installation of electrical, mechanical or
plumbing systems and which may also have limited sales of electrical, mechanical or plumbing supplies or
equipment as secondary use incidental to its primary use with no outside storage.
Contractor, General/Electrical/Mechanical/Plumbing (with outside storage)
A business whose primary use provides a contracting service or service by installation of electrical, mechanical or
plumbing systems and which may also have limited sales of electrical, mechanical or plumbing supplies or
equipment as secondary use incidental to its primary use with outside storage.
Contractor Storage or Equipment Yard
An area of outside storage of construction equipment in conformance with the city’s design standards.
Convenience Store with Drive-Through
A retail establishment that sells food and other consumable and non-consumable products for off-premise use or
consumption. These establishments include drive-through window service, but do not include fuel pumps.
Convenience Store with Fuel Pumps
A retail establishment that sells food and other consumable and non-consumable products for off-premise use or
consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and
accessories, but shall not include automobile repair or the sale of replacement parts.
Convenience Store without Fuel Pumps
A retail establishment that sells food and other consumable and non-consumable products for off-premise use or
consumption.
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Coverage
The lot area covered by all structures located thereon. Structures shall include main structures and accessory
structures with or without a permeable roof.
Cutoff
The point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cutoff) at a
specific angle above the ground.
Cutoff Angle
The maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line
perpendicular to the ground from the light source, beyond which no light is emitted.
Day Services, Adult
A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to
four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of
the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas
Department of Human Services.
Development
Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other
structures, paving, drainage, utilities, storage, and agricultural activities.
Development Review Committee (DRC)
The committee created by Subsection 5.05 to review all site plans and to recommend either approval or denial.
Disability or Handicap
With respect to an individual:
• A physical or mental impairment that substantially limits one or more of such person's major life
activities,
• A record of having such an impairment, or
• Being regarded as having such an impairment, but such term does not include current, illegal use of or
addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C.
802)).
District
Any section or sections of the City for which the regulations governing the use of land and the use, density, bulk,
height and coverage of buildings and other structures are uniform for each class or kind of building therein.
Drivers Education Training
A business dedicated to offering drivers training courses to customers, and may include a fleet of cars to be used
for training purposes.
Dry Cleaning, Major
An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or
wholesale basis.
Dry Cleaning, Minor
A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square feet of floor area, including,
but not limited to, dry cleaning plants having no more than one thousand five hundred (1,500) square feet of floor
area for dry cleaning equipment.
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Dwelling Unit Area
Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive
of porches, enclosed or open breezeways, storage area or closets, or other non-living space.
Easement
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a
corporation or another person or entity.
Electrical Power Generating Plant
All equipment, fixtures, and property operated or maintained in connection with the production of electricity and
transmission of electricity produced.
Entertainment Equipment Rental
A business providing entertainment equipment for rent to the general public, including audio systems, bounce
houses, and other similar play equipment.
Equipment and Machinery Sales and Rental, Major
A building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.
Equipment and Machinery Sales and Rental, Minor
A building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not
limited to, bicycles, lawn mowers, tools, and other small machinery.
Fair Notice
An application for a permit containing information sufficient for the City to determine:
• The size, number, location and shape of all lots involved in the project;
• The desired zoning district and the specific uses allowed within the zoning district that will be developed
on the property as part of the project;
• The size, number, location and type of improvements to be made on the property as part of the project;
and
• The streets, alleys, water mains and taps, sanitary sewer mains and taps and storm sewers that will be
necessary to adequately serve the property when the project is complete.
Fairground, Exhibition Area, or Rodeo Arena
An area where outdoor fairs, rodeos, circuses, or exhibitions are held.
Family
One or more persons related by blood, marriage, or adoption, or a group not to exceed four (4) persons not all
related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single house-
keeping unit.
Farmer's Market
A farmers' market is an outdoor marketplace for the distribution and sale of food products directly to consumers
that are grown, made and offered for sale by the producing farmers, that meet all applicable federal, state, and
local laws regulating the preparation and sale of such products. Examples of product types include fruits,
vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey. This definition does not include the
sale of any type of meat, fish, poultry, eggs, refrigerated dairy products, or home canned or packaged items. In
addition, unique products and goods created by local artisans, not to include mass produced products, may be
sold.
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Feed Store
An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock and including other
implements and goods related to agricultural processes, but not including farm machinery.
Fire Lane
A Fire Apparatus Access Road according to the International Fire Code.
Flea Market, Inside
A building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The
principal sales shall include new and used household goods, personal effects, tools, art work, small household
appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be
deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to
include personal services establishments, food services establishments, retail sales establishments, and auction
establishments.
Flea Market, Outside
An outdoor site where space is rented to vendors on a short-term basis for the sale of merchandise. The principal
sales shall include new and used household goods, personal effects, tools, art work, small household appliances,
and similar merchandise, objects, or equipment in small quantities. The term flea market shall not include
wholesale sales establishments or rental services establishments, but shall be deemed to include personal services
establishments, food services establishments, retail sales establishments, and auction establishments.
Floodplain
Any property within the limits as delineated by FEMA (Federal Emergency Management Agency) of the 100-year
floodplain or as amended by an engineering flood study of the ultimate developed conditions prior to any
reclamation.
Floor Area
The total gross square feet of floor space within the outside dimensions of a building including each floor level, but
excluding carports, residential garages, and breezeways.
Floor Area Ratio (FAR)
The floor area of a main building or buildings on a lot, excluding structured parking garages, divided by the lot area.
Floor or Window Covering Store
A shop offering carpet, rugs, tile, draperies, and associated products for sale.
Florist or Gift Shop
A shop offering flowers, flower arrangement services, and associated products for sale
Foot-Candle
A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of
one (1) candle. When metric units are used, lux is the unit of light quantity. One (1) lux equals one (1) lumen per
square meter of area. One (1) foot-candle equals 10.76 lux.
Fortune Teller/Psychic
A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune
telling shall include, but is not limited to, uses where the fortune is told through astrology, augury, card or tea
reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy,
palmistry, psychometry, phrenology, prophecy, and spiritual reading. Fortune telling does not include forecasting
based on historical trends or patterns or religious dogma.
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
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An organized group having a restricted membership and specific purpose related to the welfare of the members
including, but not limited to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.
Fuel Pumps
Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels.
Furniture Restoration
A workshop that specializes in furniture refinishing, including the use of all materials, tools, and chemicals
associated with the use.
Garage, Private
An enclosed (on at least three (3) sides) accessory building, or a part of a main building, used for storage of
automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."
Garage Apartment
A dwelling unit erected within the walls of, and/or on top of, the garage when the main structure is an owner
occupied detached dwelling unit. The garage may be attached or detached from the main structure, but the garage
apartment must have a separate entrance and may not have an access point into the main structure. A garage
apartment shall never be rented or offered for rent.
Glare
Direct light emitted from a light source, which is sufficient to cause annoyance, discomfort, or temporary loss of
visual performance and visibility.
Golf Course and/or Country Club
A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and
associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming
pools, tennis courts, and similar recreational or service uses available only to members and their guests.
Golf Course, Miniature
A novelty version of golf played on 9 or 18 holes with a putter and a golf ball on a miniature course, typically with
artificial playing surfaces, and including obstacles such as bridges and tunnels.
Governmental Office
A building used for the provision of governmental executive, management, administrative, and/or postal services.
Governmental offices include those facilities owned and/or operated by city, special district, county, state, and
federal agencies.
Grocery
A retail establishment primarily selling prepackaged and perishable food as well as other convenience and
household goods.
Guest House
An accessory building used to house guests of the owner(s) of the main residential structure when the main
structure is an owner occupied detached dwelling unit. The guest house shall be detached from the main
structure, and must not have an access point into the main structure. A guest house shall never be rented or
offered for rent.
Gymnastics/Dance Studio
A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for
instructional classes in gymnastics, dance, or martial arts.
Hall, Reception/Banquet/Meeting
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A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or
group for a private event function, that is not open to the general public, whether or not a fee is charged.
Health/Fitness Center
A public or private facility operated to promote physical health and fitness. Activities may include exercise,
physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities
would typically include, but are not limited to, game courts, weight lifting and exercise equipment, aerobics,
swimming pools and spas, and running or jogging tracks.
Heavy Load Vehicle
A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than
11,000 pounds, such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers,
buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless
specifically stated otherwise.
Height of Luminary
The height of a luminary shall be the vertical distance from the ground directly below the centerline of the
luminary to the lowest direct light emitting part of the luminary.
Helistop
An accessory use where helicopters can land and take off but excluding refueling, maintenance, repairs, and
storage of helicopters.
Home Occupation
An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential
premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in
3.02.01. (A)(8) of the Zoning Ordinance.
Hospital
An institution providing primary health services and medical or surgical care to persons, primarily inpatients,
suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including,
as an integral part of the institution, related facilities such as laboratories, helistops, outpatient facilities, or
training facilities as licensed by the State of Texas.
Hotel/Motel
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial
consideration where customary hotel services such as linen, housekeeping service, and telephone are provided.
Room units are accessed through doorways into an internal hallway, courtyard, lobby, or with direct access from
outside. Financial consideration for room units is generally calculated on a nightly basis.
Hotel, Extended Stay
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial
consideration where customary hotel services such as linen, housekeeping service, and telephone are provided.
Residence Hotel room units are designed to be suitable for long term occupancy with financial consideration being
calculated on a nightly, weekly, and/or monthly basis. Typical Residence Hotel attributes include, but are not
limited to, kitchen facilities, two-story design, and external doorways into room units.
Household Care Facility
A dwelling unit that provides residence and care to not more than nine persons, regardless of legal relationship,
who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence;
convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial
setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This
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definition is subject to Assisted Living Facility Care Act (Texas Health and Safety Code, Section 247.001 et seq.) and
Community Homes for Disabled Persons Location Act (Texas Human Resources Code, Section 123.001 et seq.) as
they presently exist or may be amended in the future. Facilities are also subject to the City of Richland Hills’
Ordinance 1258-13, codified in Article IX of Chapter 18 of the City of Richland Hills’ Code of Ordinances, as it may
be amended.
Incidental Use
Any use different from the primary use but that complements and/or supplements the primary use. Incidental
shall mean an area that constitutes not more than fifteen (15) percent of the main use. An incidental use is also an
accessory use.
Indoor Gun or Archery Range
Any indoor facility open to the public and occupying all or a portion of a building where firearms and/or archery
are discharged for testing or recreation purposes.
Industrial Park
A large tract of land that has been planned, developed and operated as an integrated facility for a number of
individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Lamp
The component of a luminary that produces the actual light.
Landscape Architect
A person who holds a license to practice landscape architecture in the State of Texas.
Landscaping
Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees , and non-living durable
material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but
excluding paving.
Laundromat
A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron.
Light Load Vehicles
A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than
11,000 pounds, and having no more than two (2) axles, such as pick-up trucks, vans, recreational vehicles (less than
thirty-two [32] feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
Live-Above Mixed Use
Residential dwelling units located above a nonresidential use in a vertical Mixed Use (see definition) development.
Live/Work Units
A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a
commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be
the primary dwelling of the occupant.
Loading Space
An off-street space or berth used for the delivery and loading or unloading of vehicles.
Locksmith/Security System Company
Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security
systems.
Definitions
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Lot
Any plot of land occupied or intended to be occupied by one main building and the required parking, or a group of
main buildings, and accessory building and uses, including such open spaces as are required by the Ordinance, and
other laws or ordinances, and having its principal frontage on a public street or officially approved place.
Lot, Area
The total area, measured on a horizontal plane, included within lot lines.
Lot, Corner
A lot that has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle
at the intersection of such two sides is less than one hundred thirty-five degrees (135°).
Lot, Depth
The mean horizontal distance between the front and rear lot lines. Thoroughfare easements shall not be included
in lot depth calculations.
Lot, Double Frontage
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
Lot, Flag
A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a
width less than the minimum required lot width, but not less than twenty-five (25) feet. The maximum distance of
the area less than the required width from the front property line shall be one hundred ten (110) feet.
Lot, Interior
A lot other than a corner lot.
Lot, Key
A corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are
not separated by an alley shall be considered a key lot.
Lot Frontage
That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
Lot Line, Front
The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner
shall have a choice in designating which shall be the lot frontage. For a lot that has a boundary line that does not
abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front
and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.
Lot Line, Rear
The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot
line shall be considered the rear lot line and have a value of zero.
Lot Line, Side
Any lot line not the front or rear lot line.
Lot Lines or Property Lines
The lines bounding a lot as defined herein.
Lot of Record
A lot that is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Tarrant
County or a lot subdivided by metes and bounds description.
Lot Width
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The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point
on the building line that is closest to the front lot line.
Lumen
Unit used to express the light output of a lamp or fixture.
Machine Shop
A workshop where metal fabrication tools, including, but not limited to, lathes, presses, and mills, are used for
making, finishing, or repairing machines or machine parts.
Major Thoroughfare
A six lane divided roadway as identified by the City’s thoroughfare plan.
Manufactured Housing
Any one of three types of prefabricated housing products that are typically manufactured or assembled at a
location other than the end user's permanent site, and that are regulated by the Texas Manufactured Housing
Standards Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations Code Chapter 1202. Industrialized
Housing and Buildings. For the purpose of this Ordinance, there are three types of manufactured homes:
Mobile Home
As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a
movable dwelling designed to be transported on its own chassis on the highway (either intact or in major
sections) by a prime mover, which is constructed with a base section so as to be independently self-
supporting, and which does not require a permanent foundation for year-round living. A mobile home is
also defined as any manufactured home that was constructed prior to June 15, 1976.
Manufactured Home (HUD Code)
As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a
movable dwelling designed to be transported on the highway, either intact or in major sections, by a
prime mover, which can be used as a residential dwelling either with or without a permanent foundation.
A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed
after June 15, 1976. A HUD-Code manufactured home will display a red certification label on the exterior
of each transportable section.
Modular (Industrialized) Home
Also called “modular prefabricated structure”. As governed by the definition within the Texas
Manufactured Housing Standards Act (Article 5221f-1.), a structure or building module that is
transportable in one or more sections on a temporary chassis or other conveyance device, and that is
designed to be installed and used by a consumer as a permanent residence on a permanent foundation
system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the
structure. The term does not include a Mobile Home or Manufactured Home (HUD Code) as defined in
the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.). Industrialized homes must meet
all applicable local codes and zoning regulations that pertain to construction of traditional site
constructed ("stick built") homes. See 3.02.01. (A)(2)Modular (Industrialized) Homes for regulations.
Manufacturing, General
Manufacturing of finished products and component products or parts through the processing of materials or
substances, including basic industrial processing. Such operations shall be determined by the Fire Chief not to be a
hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive
smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.
Manufacturing, Light
Definitions
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136
The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from
previously prepared materials, but excluding basic industrial processing. Such operations shall be determined by
the Fire Chief not to be a hazard or nuisance to adjacent property or the community at large, due to the possible
emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or
radiation.
Masonry Construction
Masonry materials refer to the following classes of materials. Minimum masonry percentage is calculated based
on the entire vertical surface (excluding features such as doors and windows, but including exterior walls above
the roofline).
Class 1: Masonry Construction
Class 1: Masonry Construction shall include the following exterior construction materials: fired brick,
natural and manufactured stone, granite, and marble.
Class 2: Masonry Construction
Class 2: Masonry Construction shall include the following exterior construction materials: all Class 1:
Masonry Construction materials, architectural concrete block, 3-step stucco process, and tilt wall concrete
panels.
Class 3: Masonry Construction
Class 3: Masonry Construction shall include the following exterior construction materials: all Class 1:
Masonry Construction materials, Class 2: Masonry Construction materials, EIFS, and sealed and painted
concrete block.
Massage Therapy, Licensed
Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by
State law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic
purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement
(percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with
mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil,
salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy"
are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness
or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or
podiatry is required by law.
Massage Therapy, Unlicensed
Any place of business in which massage therapy is practiced by an unlicensed massage therapist. "Massage
therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term
includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression,
vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical
apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps,
hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, thera-
peutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any
service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required
by law.
Mini-Warehouse/Self-Storage
A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or
any activity other than storage shall be prohibited within any individual storage unit.
Definitions
Zoning Ordinance
137
Miscellaneous Hazardous Industrial Use
Any industrial use not specifically defined in this section that is a hazard or nuisance to adjacent property or the
community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or
the danger of fire, explosion, or radiation.
Mixed Use
A mix of land uses, which may include nonresidential uses with/without residential uses. Mixed use may be
“vertical”, meaning residential or office uses located above ground-level retail; mixed use may also be “horizontal”,
meaning different land uses are located adjacent to each other.
Mobile Food Vendor
Any person or persons who operates or sells food from a stationary cart, or trailer mounted on chassis, or a “food
truck” for period of fifteen (15) calendar days or greater per year. Mobile food vendors who operate for fourteen
(14) calendar days or less shall be considered temporary food establishments, as defined by the City Health
Ordinance as it exists or may be amended.
Mortuary/Funeral Parlor
A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of
the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or
cremation.
Motorcycle
A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar
attached. For purposes of this Ordinance, motorbikes, motor scooters, mopeds, and similar vehicles are classified
as motorcycles.
Motorcycle Sales/Service
The display, sale, repair, and servicing of new or used motorcycles.
Motor Vehicle
Any vehicle designed to carry one or more persons, which is propelled or drawn by mechanical power, such as
automobiles, trucks, motorcycles, and buses.
Multifamily Residence
Attached dwelling units designed to be occupied by three or more households living independently of one another,
exclusive of hotels, motels, or residence hotels.
Municipal Uses Operated by the City
Any area, land, building, structure, and/or facility owned, used, leased, or operated by the City, including, but not
limited to, administrative office, maintenance facility, fire station, library, sewage treatment plant, police station,
water tower, service center, and park.
Museum/Art Gallery
A building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and
designed to be used for viewing, with or without an admission charge, and which may include as an accessory use
the sale of goods.
Nightclub or Dance Hall
An establishment that is open to the public, primarily at night, which serves food and beverages, provides
entertainment and may provide a dance floor. This term does not include sexually-oriented businesses.
Nonconforming Use
Definitions
City of Richland Hills
138
A building, structure, or use of land lawfully occupied at the time of the effective date of this Ordinance or
amendments thereto, but which does not conform to the use regulations of the district in which it is situated.
Nonresidential
Property zoned or used for other than residential purposes.
Nursery, Major
An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large
plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the contracting for installation
and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted.
Nursery, Minor
A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn
supplies, and other materials used in indoor and outdoor planting, without outside storage or display.
Nursing/Convalescent Home
An institutional facility licensed by the State of Texas providing in-patient health care, personal care or
rehabilitative services over a long period of time generally exceeding thirty days to persons chronically ill, aged or
disabled who need on-going health supervision but not including hospitals. This use excludes the provision of
surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or
communicable disease.
Office, Administrative, Medical, or Professional
A building used for the provision of executive, management, or administrative services. Typical uses include, but
are not limited to, administrative offices and services including real estate, property management, investment,
medical, home health care, chiropractor, architect, engineer, travel, secretarial services, accounting organizations
and associations, and vehicle rental office without on-site storage of fleet vehicles.
Office and Storage Area for Public/Private Utility
The pole yard, maintenance yard, or administrative office of public or private utilities.
Office/Showroom
A building that primarily consists of sales offices and sample display areas for products and/or services delivered or
performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products
associated with the primary products and/or services are permitted. Warehousing facilities shall not exceed fifty
(50) percent of the total floor area. This designation does not include contractor’s shop and storage yard.
Official Vesting Date
Pursuant to Texas Local Government Code Chapter 245, an application or plan for development is considered filed
on the date the applicant delivers the application or plan to the City or deposits the application or plan with the
United States Postal Service by certified mail addressed to the City.
A certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the
application or plan was deposited with the United States Postal Service.
Every application or plan is subject to a determination of completeness by the responsible official for processing
the application pursuant to 6.04.01. (B) Determination of Completeness for Zoning Related Applications.
Oil Well/Gas Well and Mineral Extraction
Area used for development and production and all operational activities associated with oil and gas for any well
drilled, to be drilled, or used for the intended or actual production of oil or natural gas, or a well classified as an oil
or gas well under the laws of the State of Texas. Mineral extraction is the process of extracting sand, gravel, stone,
or other minerals/natural resources from the earth.
Definitions
Zoning Ordinance
139
Outdoor Lighting
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces
light by any means.
Outside Storage and Display
A primary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or
merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of
automobiles, motorcycles recreational vehicles, boats, or watercrafts. This definition does not include temporary
outside merchandise display, such as a sidewalk sale.
Parish House or Parsonage
A single-family home adjacent to a church or other place of worship for the housing of a pastor, priest, or other
similar leader.
Park or Playground
An area developed for active play and recreation that includes, but is not limited to, open space, sports courts, play
equipment, and trails.
Parking Lot
An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
Parking Space
An area reserved exclusively for the parking of a motor vehicle.
Pawn Shop or Alternative Financial Services
An establishment where money is loaned on the security of personal property pledged in the keeping of the
owners (pawnbroker), or a check cashing business, bail bonds office, payday advance or loan business, money
transfer business, car title loan business, or any other similar businesses engaged in non-traditional short-term
lending.
PD Concept Design Map
A map depicting the development plan for the area of a PD Planned Development. This map, combined with a PD
Design Statement, forms a Planned Development Master Plan.
See Section 6.07.03. (B)(3) PD Concept Design Map for additional information.
PD Design Statement
A design statement describing the intent of a PD Planned Development zoning district. A PD Design Statement
combined with a PD Concept Design Map forms a Planned Development Master Plan.
See 6.07.03. (B)(2) PD Design Statement for additional information.
Pet Care and Grooming, Indoor
A business contained completely indoors where household pets are housed, groomed, bred, boarded, trained, or
sold.
Pet Care and Grooming, Outdoor
A business with outdoor pens/kennels where household pets are housed, groomed, bred, boarded, trained, or
sold.
Permit
A license, certificate, approval, registration, consent, permit, contract or other agreement for the construction or
provision of service from a utility owned, operated, or controlled by the City, or other form of authorization
required by law, rule, regulation, order, or ordinance, which has been approved by the City, that a person or entity
Definitions
City of Richland Hills
140
must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought, and
for which the application for the permit or information required to be submitted for consideration provides fair
notice of the project to the City. Notwithstanding, an ordinance establishing or changing a zoning district,
including but not limited to an ordinance establishing or amending a Planned Development District or Specific Use
Permit, is not considered a permit.
Pharmacy
A business substantially devoted only to the sale of pharmaceutical items, supplies, and equipment such as
prescription drugs.
Plan for Development
An administratively complete application for a site plan. An application for a site plan shall be considered
administratively complete when all information required to be submitted for consideration has been received by
the City, in addition to any required fees. Also referred to as “Plan for Development of Real Property”.
Planned Development District
Planned associations of uses developed as integral land use units such as industrial parks or 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 that may be planned, developed
or operated or integral land use units either by a single owner or a combination of owners.
Planned Development Master Plan
A plan (which is submitted with the application for rezoning) consists of a PD Design Statement and a PD Concept
Design Map. See Subsection 6.07 PD Application and Review.
Planning & Zoning Commission
A board, appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and
other planning functions as delegated by the City Council. Also referred to as the "Commission" or “P&Z”.
Plat
A plan of a subdivision of land creating building lots and showing all essential dimensions and other information
essential to comply with the subdivision standards of the City and subject to approval by the Planning & Zoning
Commission and filed in the plat records of Tarrant County.
Plot
A single unit or parcel of land that can be identified and referenced to a recorded plat or map.
Portable Building Sales
An establishment that displays and sells structures that are capable of being carried and transported to another
location, not including manufactured homes.
Premises
Land together with any buildings or structures situated thereon.
Primary Use
The principal or predominant use of any lot or building.
Print Shop, Major
An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and
newspaper publishing using engraving, die cutting, lithography, and thermography processes.
Print Shop, Minor
Definitions
Zoning Ordinance
141
An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction
documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This
definition shall include mailing and shipping services, but excludes the on-site storage of heavy load fleet vehicles.
Private Utility (other than listed)
A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural
gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating
equipment must comply with current Federal Communications Commission (FCC), Environmental Protection
Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal
regulatory agency requirements and guidelines for human safety.
Progress towards Completion
See Section 245.005(c) of the Texas Local Government Code, as it exists or may be amended, unless another
meaning is specified.
Project
An endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate,
continue, or complete the endeavor.
Recreational Vehicle (RV)
A portable or mobile living unit used for temporary human occupancy away from the place of permanent
residence of the occupants and self-propelled (motorized). Also see heavy load vehicle.
Recreational Vehicle Sales and Service, New/Used
Sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work
of recreational vehicles and boats.
Recreational Vehicle/Truck Parking Lot or Garage
An area or structure designed for the short or long-term parking or storage of recreational vehicles, boats, or
heavy load vehicles.
Recycling Center
A facility in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored,
flattened, crushed, or bundled, essentially by hand within a completely enclosed building.
Recycling Collection Point
An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources.
No processing of such items is allowed. This facility would generally be located in a shopping center parking lot or
in other public/quasi-public areas such as in churches and schools.
Recycling Plant
A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and
other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such
products to a condition in which they may again be used for production.
Rehabilitation Care Institution
Subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), a facility that
provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with
supervisory personnel.
Rehabilitation In-Home Care
Definitions
City of Richland Hills
142
Subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), a dwelling
unit that provides residence and care to not more than nine (9) persons regardless of legal relationship who have
demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single housekeeping unit.
Research and Development Center (with Animals)
A facility that includes laboratories and experimental equipment for medical testing, prototype design and
development, and product testing. These facilities may include animal or biological testing. Any facility that is
determined by City officials to be a hazard or nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation is not to be included in this category.
Research and Development Center (without Animals)
A facility that includes laboratories and experimental equipment for medical testing, prototype design and
development, and product testing. These facilities do not include animal or biological testing. Any facility that is
determined by City officials to be a hazard or nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation is not to be included in this category.
Residence
Any building or portion thereof, which is designed or used as living quarters for one (1) or more households.
Residential District
District where the primary purpose is residential use.
Restaurant
An establishment where food and drink are prepared and consumed primarily on the premises. Drive-up windows
are permitted.
Restaurant, Drive-In
An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities
are provided on the premises that encourage the serving and consumption of food in automobiles on or near the
restaurant premises.
Retail, Big Box
“Big Box” uses are defined as single-tenant retail buildings over 70,000 square feet providing goods to the general
public.
Retail, Stores and Shops
An establishment engaged in the selling of goods and merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such goods.
Retail/Service, Incidental
Any use different from the primary use but that complements and/or supplements the primary use. Said use shall
be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. Incidental
shall mean an area that constitutes not more than fifteen (15) percent of the main use.
Room
A building or portion of a building that is arranged, occupied, or intended to be occupied as living or sleeping
quarters but not including toilet or cooking facilities.
School, Private
Definitions
Zoning Ordinance
143
A school operated by a private or religious agency or corporation other than an independent school district, having
a curriculum generally equivalent to a public elementary or secondary school.
School, Public
A school operated by an independent school district and providing elementary or secondary curriculum.
School District Bus Yard
Any premises owned and/or operated by an independent school district used for the parking and storage of motor-
driven buses.
Secondhand or Thrift Shop
A commercial establishment offering for sale to the public items previously sold in the retail market to consumers
and either sold to the operator of the establishment or offered by the operator on a consignment basis, including
clothes, antiques, appliances, home furnishings and utensils, and general merchandise, excluding automobiles,
boats, and other vehicles.
Senior Housing
Any age restricted development that may be in any housing form, including detached and attached dwelling units,
apartments, and residences, offering single-family dwelling units to adults over 55 years of age.
Senior Living Facility
A facility providing residence, supervision and daily assistance for individuals, generally persons 55 years of age or
older, with common dining and recreational areas designed for the needs of the elderly. Services in these
establishments include assistance with routine living functions that are non-medical in nature, such as dressing,
grooming, bathing, and social and recreational services, such as meal services, transportation, housekeeping, linen
and organized social activities.
Setback
The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
Sewage Treatment Plant/Pumping Station
A facility owned and/or operated by a private entity that is designed for the collection, removal, treatment, and/or
disposal of water borne sewage.
Sexually Oriented Uses
A massage parlor, adult cabaret, nude studio, modeling studio, love parlor, adult bookstore, adult motion picture
theater, adult arcade, adult theater, adult video store, adult motel or other commercial enterprise, the primary
business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items
intended to provide sexual stimulation or sexual gratification to the customer. The individual terms contained in
this definition shall have the same meaning ascribed to them by Section 18-331 of the Code of Ordinances.
Shopping Center
A group of primarily retail and service commercial establishments planned, constructed and managed as a total
entity with customer and employee parking provided on-site, provision for goods delivery separated from
customer access, provision of aesthetically appropriate design and protection from the elements.
Sketch Plan
A sketch or informal plan prepared prior to the preparation of the preliminary plat or site plan describing the
proposed design of the subdivision or site to be reviewed during the pre-application review process.
Single-Family Residence, Detached
A dwelling designed and constructed for occupancy by one (1) household and having no physical connection to a
building located on any other separate lot or tract.
Definitions
City of Richland Hills
144
Small Engine Repair Shop
A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and
machinery.
Sporting Goods Store
An establishment engaged in the retail sale of sporting goods and related merchandise to the general public.
Stable, Commercial
A stable used for the rental of stall space or for the sale or rental of horses or mules.
Stable, Private
A detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises
and not kept for remuneration, hire, or sale.
Storage or Wholesale Warehouse
A building used primarily for the storage of goods and materials including an incidental supporting office area.
Story
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof
next above (also see “Mezzanine” and Section 502.1 from the 2006 International Building Code). It is measured as
the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the
topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the
top of the roof rafters.
Story, Half
A single room within a dwelling unit above the second floor. A half-story will occupy no less than two-thirds (2/3)
of the area under the roof, and shall have non-operating opaque windows for façades that face adjacent
properties. Transparent windows may face the front yard. A half-story containing independent apartment, living
quarters, or bedroom shall be counted as a full story.
Street
Any dedicated public thoroughfare that affords the principal means of access to abutting property.
Structural Alterations
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or
girders, or any substantial change in the roof or in the exterior walls.
Structure
Anything constructed or erected, the use of which requires location on the ground or which is attached to
something having a location on the ground (also see definition of Building).
Studio Residence
A residence that includes up to fifty (50) percent of its total floor area as a work area for a photographer, artist,
musician, architect, or similar occupation. The primary occupant of the work area must also be a permanent
resident of the dwelling unit. All activities associated with the studio shall take place in the primary structure, as
opposed to an accessory building or yard.
Taxidermist
An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead
animals for exhibition in a lifelike state, with all business operations and processing occurring indoors.
Telephone Exchange
A central switching hub servicing the public at large in which telephone lines are connected to permit
communication.
Definitions
Zoning Ordinance
145
Temporary Building for New Construction
A structure or shelter used in connection with the construction of a development or building project for housing on
the site of temporary administration and supervisory functions and for sheltering employees and equipment.
Buildings are permitted for a specific period of time in accordance with a permit issued by the Building Official.
The term “Temporary Field or Construction Office” may also be used.
Theater, Drive-In
An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to
patrons seated in automobiles.
Theater, Neighborhood
A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live
performances, with a maximum of ten screens, stages, or combination thereof or a combined seating capacity of
2,500 or less.
Theater, Regional
A building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live
performance having more than ten screens, stages, or combination thereof or a combined seating capacity greater
than 2,500.
Townhome
A structure containing three (3) to eight (8) dwelling units with each unit designed for occupancy by one household
and each unit attached to another by a common wall.
Tract
An un-platted area, parcel, site, piece of land, or property that is the subject of a zoning or development
application.
Trailer, Hauling
A vehicle to be pulled behind an automobile or truck that is designed for hauling animals, produce, goods or
commodities, including boats.
Trailer, Travel
A portable or mobile living unit used for temporary human occupancy away from the place of residence of the
occupants, and not constituting the principal place of residence of the occupants designed to be towed behind
another vehicle.
Trailer Rental
The display and offering for rent of trailers designed to be towed by light load vehicles.
Transit Center
Any premises, including train or bus stations, for the loading and unloading of passengers and the temporary
parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of
transit vehicles.
Tree
A plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually
developing branches at some distance from the ground.
Truck
A light or heavy load vehicle (see definition for light and heavy load vehicle).
Truck Sales, Heavy Trucks
Definitions
City of Richland Hills
146
The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or
buses in operable condition.
Truck/Bus Repair
An establishment providing major and minor repair services to panel trucks, vans, trailers, recreational vehicles, or
buses.
Two-Family Residence (Duplex)
A building having separate accommodations for, and occupied by not more than, two (2) households, whereby
each individual dwelling unit is located on a separate lot of record as a result of the property line being coincident
with the common wall separating each dwelling unit, such that dwelling units may be individually owned.
Utility Distribution/Transmission Line
Facilities, including subsidiary stations, that serve to distribute, transmit, transform, or reduce the pressure of gas,
water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and
metering stations.
Variance
An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of
property that, because of special conditions or circumstances of hardship peculiar to the particular parcel, is
necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the
same vicinity and zoning district. Only the Board of Adjustment of the City can grant a variance.
Veterinarian Clinic, Indoor
An establishment, not including outside pens, where animals and pets are admitted for examination and medical
treatment.
Veterinarian Clinic, Outdoor
An establishment with outdoor pens/kennels, where animals and pets are admitted for examination and medical
treatment.
Warehouse/Distribution Center
A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and
equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for
products sold and distributed from the storage and warehousing areas.
Water Treatment Plant
A facility owned and/or operated by a private entity that is used to alter the physical, chemical, or biological
quality of water.
Wind Energy Conversion Systems, Farm or Utility
The principal use of the land is the commercial production of energy through one or multiple wind energy
conversion systems (WECS).
Wind Energy Conversion Systems, Small
A small wind energy conversion systems (WECS) shall be defined as any device such as a wind charger, windmill, or
wind turbine, which converts wind energy to a form of usable energy and is an incidental use to the primary use of
a property.
Wireless Communications Store
A shop specializing in the sale of wireless communication devices, such as cellular telephones. May also include
servicing of the equipment.
Definitions
Zoning Ordinance
147
Yard
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any
portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance
that the building or structure may be located in a portion of a yard required for a main building. In measuring a
yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear
yard, the shortest horizontal distance between the lot line and the main building shall be used.
Yard, Front
A yard located in front of the front elevation of a building and extending across a lot between the side yard lines
and being the minimum horizontal distance between the front property line and the outside wall of the main
building.
Yard, Rear
The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and
interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
Yard, Side
The area between the building and side line of the lot and extending from the front lot line to the rear lot line and
being the minimum horizontal distance between a side lot line and the outside wall of the side of the main
building.
Zoning Administrator
The City Manager or other City Official designated by the City Manager to administer zoning regulations.
Zoning Application
A request to consider an ordinance establishing or changing a zoning district, including but not limited to an
ordinance establishing or amending a Planned Development District or Specific Use Permit.
Zoning District Map
The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part
of the Zoning Ordinance.
Definitions
INVOICE
Star-Telegram Customer ID: CIU08
sob Throckmorion sf. Invoice Number: 335145271
FORT WORTH, TX 76102
(817) 390-7761 Invoice Date: 8/23/2015
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 8/31/2015
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DIANA DR Order Number: 33514527
RICHLAND HILLS, TX 76118-6237 Sales Rep: 073
Description: ORDINANCE NO. 1
Attn: BARBARA . WRIGHT Publication Date: 8/23/2015
Description Location Col Depth Linage MU Rate Amount
ORDINANCE NO. 1296-15 AN ORDIN I3580 1 75 75 LINE $1.88 $141.00
.ORDINANCE N0. 1296-35
AN ORDINANCE AMENDING ORDI-
NANCE 1273-14, Tf4E ONING
ARDINANCE OF THE CITY OF
RICHLAND HILLS, TEXAS, BY Net Amount: $141.00
AMENDING SUBSECTION 1.05.03
RULES OF CONSTRUCTION; SUB-
SECTION 3.D2 115E CHART RE-
GARDING REGULATIONS FOR
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legal rights and remedies avail
to It pursuant to local, state and
federal law.
Passed and approved this 18th day
of August, 2D15
/s/ Sill Agar; Mayor
Attest: Cathy Bourg, City Secretary
County and State, this day personally appeared Deborah Baylor, Bids & Legal Coordinator
tr -Telegram, Inc. at Fort Worth, in Tarrant County, Texas :and who after being duly sworn,
ing of advertisement was published in the above named paper on the listed dates:
17) 390-7039 ~ * F1 (~
Signed
ME, THIS Wednesday Aug. 26, 2015
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CITY OF RICHLAND HILLS
335145271
$1.41.00
r