UDC - El Campo, Texas with Land Use Matrix.pdf · 2019. 4. 30. · UDC Unified Development Code 1st...

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UDC

Unified Development Code

1st Edition

April 2019

City of El Campo

315 E Jackson St

El Campo, Tx 77437

979-541-5020

979-543-0027, fax

www.cityofelcampo.org

Adopted & Amended by City Council: April 22, 2019

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CHAPTER 10

UNIIFED DEVELOPMENT CODE

CHAPTER 10 UNIIFED DEVELOPMENT CODE ........................................................................... 2

ARTICLE 10.01 GENERAL PROVISIONS ............................................................................................ 8

Sec. 10.01.001 Short title ................................................................................................................. 8

Sec. 10.01.002 Authority and jurisdiction......................................................................................... 8

Sec. 10.01.003 Purpose .................................................................................................................... 8

Sec. 10.01.004 Relationship to other provisions of city codes ........................................................... 8

Sec. 10.01.005 Relationship to comprehensive plan ......................................................................... 8

Sec. 10.01.006 Relationship to private restrictions............................................................................ 8

Sec. 10.01.007 Violations and penalties ........................................................................................... 9

Sec. 10.01.008 Vested rights ............................................................................................................ 9

Sec. 10.01.009 Reserved ............................................................................................................... 10

ARTICLE 10.02 ADMINISTRATION AND ENFORCEMENT ........................................................... 11

Division 1. Generally ......................................................................................................................... 11

Sec. 10.02.001 Administrative and enforcement official ................................................................. 11

Sec. 10.02.002 City council ........................................................................................................... 11

Secs. 10.02.003–10.02.030 Reserved ............................................................................................. 11

Division 2. Planning and Zoning Commission ................................................................................... 11

Sec. 10.02.031 Planning and zoning commission ........................................................................... 11

Sec. 10.02.032 Applications for rezoning ....................................................................................... 12

Sec. 10.02.033 Property owner notification .................................................................................... 12

Sec. 10.02.034 Planning and zoning commission report ................................................................. 12

Sec. 10.02.035 Criteria for considering rezoning applications ......................................................... 13

Sec. 10.02.036 City council hearing and action .............................................................................. 13

Sec. 10.02.037 Joint hearings ......................................................................................................... 14

Sec. 10.02.038 Reconsideration ..................................................................................................... 14

Sec. 10.02.039 Application fees ..................................................................................................... 14

Secs. 10.02.040–10.02.060 Reserved ............................................................................................. 14

Division 3. Board of Adjustment........................................................................................................ 14

Sec. 10.02.061 Zoning board of adjustment .................................................................................... 14

Sec. 10.02.062 Procedures ............................................................................................................. 14

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Sec. 10.02.063 Authority of board .................................................................................................. 15

Sec. 10.02.064 Variances ............................................................................................................... 15

Sec. 10.02.065 Conditions for considering variances ...................................................................... 16

Sec. 10.02.066 Appeal to board ...................................................................................................... 16

Sec. 10.02.067 Application ............................................................................................................ 16

Sec. 10.02.068 Board decision–Effective date ................................................................................ 16

Sec. 10.02.069 Same–Conditions ................................................................................................... 17

Sec. 10.02.070 Proceedings stayed ................................................................................................. 17

Sec. 10.02.071 Public hearing ........................................................................................................ 17

Sec. 10.02.072 Burden of proof ...................................................................................................... 17

Sec. 10.02.073 Board decision after public hearing ........................................................................ 17

Sec. 10.02.074 Judicial review ....................................................................................................... 17

Sec. 10.02.075 Petition .................................................................................................................. 18

Sec. 10.02.076 Court decision ........................................................................................................ 18

ARTICLE 10.03 DISTRICT REGULATIONS ...................................................................................... 19

Sec. 10.03.001 Establishment of zoning districts ............................................................................ 19

Sec. 10.03.002 Official zoning district map .................................................................................... 19

Sec. 10.03.003 Interpretation of district boundaries ........................................................................ 20

Sec. 10.03.004 New and unlisted uses ............................................................................................ 20

Sec. 10.03.005 Zoning of newly annexed areas and unplatted property ........................................... 20

Sec. 10.03.006 Compliance with regulations .................................................................................. 21

Sec. 10.03.007 R-1E Single-Family Residential Estate District....................................................... 21

Sec. 10.03.008 R-1 Single-Family Residential District ................................................................... 22

Sec. 10.03.009 R-1S Single-Family Small Lot Residential District ................................................. 23

Sec. 10.03.010 R-1M Single-Family Manufactured Home Park/Subdivision District ...................... 24

Sec. 10.03.011 R-2 Mixed Residential District ............................................................................... 26

Sec. 10.03.012 R-3 Multiple-Family Residential District ................................................................ 27

Sec. 10.03.013 C-1A Neighborhood Business District .................................................................... 28

Sec. 10.03.014 C-1 Light Commercial District ............................................................................... 30

Sec. 10.03.015 C-2 General Commercial District ........................................................................... 31

Sec. 10.03.016 CBD Central Business District ............................................................................... 34

Sec. 10.03.017 M-1B Industrial Business Park District ................................................................... 35

Sec. 10.03.018 M-1 Light Industrial District .................................................................................. 37

Sec. 10.03.019 M-2 General Industrial District ............................................................................... 38

Sec. 10.03.020 – Corridor Overlay District ........................................................................................ 39

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Sec. 10.03.021 Land Use Matrix .................................................................................................... 44

ARTICLE 10.04 SPECIAL USE REGULATIONS................................................................................ 47

Sec. 10.04.001 Purpose .................................................................................................................. 47

Sec. 10.04.002 Permitted special uses ............................................................................................ 47

ARTICLE 10.05 PLANNED DEVELOPMENT DISTRICTS ................................................................ 48

Sec. 10.05.001 Purpose .................................................................................................................. 48

Sec. 10.05.002 Minimum size ........................................................................................................ 48

Sec. 10.05.003 Submission of application and plan ........................................................................ 48

Sec. 10.05.004 Approval procedures .............................................................................................. 49

Sec. 10.05.005 Development of a district ....................................................................................... 49

Sec. 10.05.006 Plan amendments ................................................................................................... 50

ARTICLE 10.06 HEIGHT AND AREA REGULATIONS .................................................................... 51

Sec. 10.06.001 Height .................................................................................................................... 51

Sec. 10.06.002 Front yards ............................................................................................................. 51

Sec. 10.06.003 Side yards, corner and interior ................................................................................ 51

Sec. 10.06.004 Rear yards .............................................................................................................. 52

ARTICLE 10.07 HOME OCCUPATIONS ............................................................................................ 53

Sec. 10.07.001 Permitted uses by occupation; limitations ............................................................... 53

Sec. 10.07.002 Permitted accessory uses ........................................................................................ 53

ARTICLE 10.08 ACCESSORY AND TEMPORARY USES ................................................................ 54

Sec. 10.08.001 Principal uses to include accessory uses ................................................................. 54

Sec. 10.08.002 Garages, carports, and sheds ................................................................................... 54

Sec. 10.08.003 Temporary uses ...................................................................................................... 54

Sec. 10.08.004 Fences and walls .................................................................................................... 54

ARTICLE 10.09 PARKING REGULATIONS ...................................................................................... 55

Sec. 10.09.001 General requirements ............................................................................................. 55

Sec. 10.09.002 Construction standards ........................................................................................... 55

Sec. 10.09.003 Computing number of parking spaces ..................................................................... 55

Sec. 10.09.004 Change or enlargement ........................................................................................... 55

Sec. 10.09.005 Joint use of parking ................................................................................................ 55

Sec. 10.09.006 Minimum dimensions for off-street parking ............................................................ 56

Sec. 10.09.007 Accessible parking spaces for disabled people ........................................................ 56

Sec. 10.09.008 Loading.................................................................................................................. 57

Sec. 10.09.009 Off-street parking schedule .................................................................................... 57

ARTICLE 10.10 NONCONFORMING USES ....................................................................................... 59

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Sec. 10.10.001 Purpose .................................................................................................................. 59

Sec. 10.10.002 Alteration of nonconforming uses ........................................................................... 59

Sec. 10.10.003 Changing nonconforming uses ............................................................................... 59

Sec. 10.10.004 Repairs................................................................................................................... 60

Sec. 10.10.005 Abandonment ......................................................................................................... 60

ARTICLE 10.11–SITE DEVELOPMENT REQUIREMENTS AND STANDARDS ............................. 61

Sec. 10.11.001 General .................................................................................................................. 61

Sec. 10.11.002 Design Review Requirements for Site Development Plans ..................................... 61

Sec. 10.11.003 Building Slab Elevations ....................................................................................... 61

Sec. 10.11.004 Water Service........................................................................................................ 61

Sec. 10.11.005 Sanitary Sewer Service .......................................................................................... 61

Sec. 10.11.006 Site Drainage Requirements .................................................................................. 61

Sec. 10.11.007 Traffic Impact Analysis for Driveway and Roadway Access .................................. 62

Sec. 10.11.008 Fire Lanes ........................................................................................................... 64

Sec. 10.11.009 Dumpster and Refuse Storage Containers ............................................................... 65

ARTICLE 10.12 SUBDIVION REGULATIONS .................................................................................. 66

Sec. 10.12.001 Purpose and intent .................................................................................................... 66

Sec. 10.12.002 Reserved .................................................................................................................. 66

Sec 10.12.003 Application ............................................................................................................... 66

Sec. 10.12.004 Jurisdiction .............................................................................................................. 67

Sec. 10.12.005 Subdivision process................................................................................................. 67

Sec. 10.12.006 Fees ......................................................................................................................... 68

Sec. 10.12.007 Comprehensive plan, zoning, or other regulations .................................................... 68

Sec. 10.12.008 Notice and hearing requirements .............................................................................. 68

Sec. 10.12.009 Preliminary plat ....................................................................................................... 68

Sec. 10.12.010 Final plat .................................................................................................................. 71

Sec. 10.12.011 Resubdivision and vacation, amendment, and correction of plats ............................. 73

Sec. 10.12.012 Minor plats .............................................................................................................. 74

Sec. 10.12.013 City policy and general development requirements ................................................... 75

Sec. 10.12.014 Changes or amendments to the design standards ....................................................... 76

Sec. 10.12.015 Minimum improvements and specific requirements .................................................. 76

Sec. 10.12.016 Streets and sidewalks ............................................................................................... 78

Sec. 10.12.017 Blocks and lots ......................................................................................................... 83

Sec. 10.12.018 Development of sensitive lands; flood hazards ......................................................... 84

Sec. 10.12.019 Other tracts and parcels ............................................................................................ 84

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Sec. 10.12.020 Public, private and franchised utilities ...................................................................... 84

Sec. 10.12.021 Easements ................................................................................................................ 84

Sec. 10.12.022 Construction requirements........................................................................................ 86

Sec. 10.12.023 Administration ........................................................................................................ 90

Sec. 10.12.024 Plat notes and dedicatory acknowledgements ........................................................... 92

ARTICLE 10.13 LANDSCAPING AND TREE PRESERVATION ....................................................... 93

Sec. 10.13.001 Purpose; applicability ................................................................................................. 93

Sec. 10.13.003 Reserved .................................................................................................................... 93

Sec. 10.13.003 Penalty ....................................................................................................................... 93

Sec. 10.13.004 Appeals and variances ................................................................................................ 93

Sec 10.13.005 General landscaping requirements .............................................................................. 95

Sec. 10.13.006 Installation and maintenance of landscaping ............................................................... 98

Sec. 10.13.007 Landscaping on public right-of-way .......................................................................... 99

Sec. 10.13.008 Approved plants ....................................................................................................... 100

Sec10.13.009 Minimum diameter of planted trees ............................................................................ 100

Sec. 10.13.010 Tree preservation requirements ................................................................................ 100

Sec. 10.13.011 Tree preservation credit ............................................................................................ 103

Sec. 10.13.012 Replacement of credited tree .................................................................................... 104

Sec. 10.13.013 Buffering and screening ........................................................................................... 104

Sec. 10.13.014 Landscape plan and tree preservation plan; tree protection and planting requirements

........................................................................................................................................................ 108

Sec. 10.13.015 Tree planting in median and right-of-way ................................................................. 110

Sec. 10.13.016 Alternative landscaping plan .................................................................................... 111

Sec. 10.13.017 Replacement of dead plants ...................................................................................... 111

Sec. 10.13.018 Modification of landscape development plan ............................................................ 111

Sec. 10.13.019 Applicability to government owned land .................................................................. 111

Sec. 10.13.020 Visibility triangle at intersections ............................................................................ 112

Sec. 10.13.021 Completion of landscape installation ........................................................................ 112

Sec. 10.13.008 Exceptions for schools and churches ........................................................................ 112

ARTICLE 10.14 SIGNS ...................................................................................................................... 112

Sec. 10.14.001 Reserved .................................................................................................................. 112

Sec. 10.14.002 Findings and purpose ............................................................................................... 112

Sec. 10.14.003 Exemptions .............................................................................................................. 114

Sec. 10.14.004 Prohibited signs; portable or unattached signs .......................................................... 115

Sec. 10.14.005 Standards for permitted signs ................................................................................... 118

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Sec. 10.14.006 Maintenance ............................................................................................................ 120

Sec. 10.14.007 Permit required; application; repair or removal of damaged or illegally placed signs. 120

Sec. 10.14.008 Responsible party ..................................................................................................... 122

Sec. 10.14.009 Permit fee ................................................................................................................ 122

Sec. 10.14.010 Nonconforming signs ............................................................................................... 122

Sec. 10.14.011 Extraterritorial jurisdiction ...................................................................................... 123

ARTICLE 10.15 RECREATIONAL VEHICLE PARKS ..................................................................... 124

Sec. 10.15.001 Reserved .................................................................................................................. 124

Sec. 10.15.002 Enforcement ............................................................................................................ 124

Sec. 10.15.003 Approval of plans; inspection of construction ........................................................... 124

Sec. 10.15.004 Infrastructure standards and plan requirements ......................................................... 124

Sec. 10.15.005 Design, operation and maintenance .......................................................................... 125

Sec. 10.15.006 Other regulations ..................................................................................................... 128

ARTICLE 10.16 JUNKYARDS AND SALVAGE YARDS ................................................................ 130

Sec. 10.16.001 Reserved ................................................................................................................. 130

Sec. 10.16.002 General operating requirements ............................................................................... 130

Sec. 10.16.003 Fencing and screening ............................................................................................. 131

Sec. 10.16.004 Manner of storage ................................................................................................ 132

Sec. 10.16.005 Emergency contact numbers .................................................................................. 132

Sec. 10.16.006 Rodent and vector control .................................................................................... 132

Sec. 10.16.007 Time limit for compliance by newly annexed yards ................................................ 133

Sec. 10.16.007 Time limit for compliance by newly annexed yards ................................................. 133

Article 10.17- Definitions ................................................................................................................... 134

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ARTICLE 10.01 GENERAL PROVISIONS

Sec. 10.01.001 Short title

This chapter shall be known and may be cited as “The City of El Campo Zoning Ordinance.” (Ordinance

2000-09, exh. A, sec. 1.A, adopted 8/8/00; 2010 Code, sec. 50-1)

Sec. 10.01.002 Authority and jurisdiction

This chapter is adopted pursuant to the authority granted by the state in V.T.C.A., Local Government Code

title 7, ch. 211, and all amendments. The zoning regulations shall be effective throughout the corporate

limits of the city. (Ordinance 2000-09, exh. A, sec. 1.B, adopted 8/8/00; 2010 Code, sec. 50-2)

Sec. 10.01.003 Purpose

This chapter is adopted for the purpose of protecting the health, safety, and general welfare of the residents,

citizens, and inhabitants of the city. This chapter is designed to:

(1) Lessen congestion in the streets;

(2) Secure safety from fire, panic, and other dangers;

(3) Promote health and general welfare;

(4) Provide adequate light and air;

(5) Prevent the overcrowding of land;

(6) Avoid undue concentration of population; and

(7) Facilitate the adequate provision of transportation, water, sewers, schools, parks and other

public requirements for the benefit of the citizens of the city.

(Ordinance 2000-09, exh. A, sec. 1.E, adopted 8/8/00; 2010 Code, sec. 50-3)

Sec. 10.01.004 Relationship to other provisions of city codes

If any provision of this chapter imposes a higher standard than that required by any other city regulation

not contained in this chapter, the provisions of this chapter control. If any provision of any city regulation

not contained in this chapter imposes a higher standard, that regulation controls. (Ordinance 2000-09, exh.

A, sec. 1.F, adopted 8/8/00; 2010 Code, sec. 50-4)

Sec. 10.01.005 Relationship to comprehensive plan

It is the intention of the city that this chapter is adopted in accordance with, and to implement, the policies adopted for the city, as reflected in the city’s 2020 Comprehensive Plan. All zoning amendments shall

conform to the city’s comprehensive plan. (Ordinance 2000-09, exh. A, sec. 1.G, adopted 8/8/00; 2010

Code, sec. 50-5)

State law reference–Zoning regulations to be in compliance with comprehensive plan, V.T.C.A., Local

Government Code, sec. 211.004.

Sec. 10.01.006 Relationship to private restrictions

The provisions of this chapter are not intended to abrogate any deed restriction, covenant, easement or any

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other private agreement or restriction on the use of land; provided that, where the provisions of this chapter are more restrictive or impose higher standards than a private restriction, the requirements of this chapter

shall control. Private restrictions shall not be enforced by the city. (Ordinance 2000-09, exh. A, sec. 1.H,

adopted 8/8/00; 2010 Code, sec. 50-6)

Sec. 10.01.007 Violations and penalties

(a) It is unlawful for any person to violate any provision or requirement of this chapter. In particular, it is unlawful for any person:

(1) To make use of any premises for a purpose other than what is permitted in the zoning district

in which the premises is located.

(2) To erect, construct, convert, enlarge, reconstruct, repair, structurally alter, maintain or use any building or structure for a purpose other than what is permitted in the zoning district where the

building or structure is located, subject to the provisions of article 10.10 of this chapter,

pertaining to nonconforming uses.

(3) To construct or locate more than one single-family detached dwelling or more than one two-family dwelling on one platted lot.

(4) That owns, occupies, or controls any premises containing a dwelling unit to knowingly cause or allow the dwelling unit to be permanently occupied by more than one family at any one time. For purposes of this subsection, a family is permanently occupying the premises if it

continuously occupies the dwelling unit for more than 30 days.

(b) If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or

maintained or if a building, other structure or land is used in violation of this chapter, the city may

institute appropriate action to:

(1) Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2) Restrain, correct, or abate the violation; (3) Prevent the occupancy of the building, structure, or land; or (4) Prevent any illegal act, conduct, business, or use on or about the premises.

(c) In the event that any provision or requirement of this chapter is violated, the city shall notify the owner of record, as shown on the most recent property tax records, by certified mail, return receipt requested.

The certified letter shall state the address and/or the legal description and general location of the

property for which notice is given, the nature of the violation, and the penalty that may be assessed for

the violation. The letter shall state the amount of time allowed to correct or remedy the violation, which shall not be less than 14 calendar days nor more than 90 calendar days for land use and zoning-related

violations. For construction-related violations, the city shall have the ability to direct that construction

activities cease immediately by the owner or owner’s contractor.

(d) A violation of any provision of this chapter is unlawful, a misdemeanor, and may be punished by a fine in accordance with section 1.01.009, in accordance with Sec. 54.001 of the State of Texas Local Government Code for each offense.

(Ordinance 2000-09, exh. A, sec. 1.I, adopted 8/8/00; 2010 Code, sec. 50-7)

Sec. 10.01.008 Vested rights

(a) Existing permits and private agreements. This chapter is not intended to abrogate or annul any permits issued before the effective date of the ordinance from which this chapter is derived.

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(b) Preserving rights in pending litigation and violations under existing ordinances. By the passage of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been

legalized unless specifically such use falls within a use district where the actual use is a conforming

use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the

case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption

of the ordinance from which this chapter is derived, but prosecutions and suits for such offenses,

liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.

(c) Completion of existing buildings.

(1) Nothing in this chapter nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be

completed in its entirety within two years from the date of the passage of the ordinance from which

this chapter is derived, provided such building either was actually under construction at the time of the passage of the ordinance from which this chapter is derived or was authorized by building

permit before the passage of the ordinance from which this chapter is derived, and further provided

construction shall have been started within 90 days from passage of the ordinance from which this

chapter is derived.

(2) Commitments with reference to construction of public utility buildings necessary for

proposed expansion of the city made prior to the passage of the ordinance from which this chapter

is derived shall be observed.

(Ordinance 2000-09, exh. A, sec. 1.J, adopted 8/8/00; 2010 Code, sec. 50-8)

Sec. 10.01.009 Reserved

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ARTICLE 10.02 ADMINISTRATION AND ENFORCEMENT

Division 1. Generally

Sec. 10.02.001 Administrative and enforcement official

The city manager shall appoint a zoning official, or designee, whose duties and responsibilities shall

include, but are not limited to:

(1) Initiate amendments to this chapter and official zoning district map, including zone changes and variances;

(2) Accept and process all submitted applications for text amendments to this chapter and amendments to the official zoning district map, including zone changes and variances;

(3) Prepare staff comments for review by the planning and zoning commission, city council, and findings of fact for the zoning board of adjustment regarding the appropriateness and

nonconformance of requested amendments or variances;

(4) Represent the city at all public hearings; (5) Maintain all records, minutes, and the official zoning district map, related to the enforcement and

procedures of this chapter;

(6) Serve as the enforcement officer to ensure compliance with this chapter; (7) Serve as liaison between the commission and city council; and (8) Perform other duties as necessary and appropriate to uphold the provisions of this chapter.

(Ordinance 2000-09, exh. A, sec. 3.A, adopted 8/8/00; 2010 Code, sec. 50-37)

Sec. 10.02.002 City council

The city council shall have the powers and duties to perform the following:

(1) Amend the zoning regulations of the city, in accordance with state law; (2) Initiate, on behalf of the city, any amendment in the zoning classification of any land within the

city;

(3) Hear and decide on recommendations of the planning and zoning commission, after receipt of the final report, for applications related to rezoning requests and text amendments; and

(4) Hear appeals related to rezoning denials by the planning and zoning commission. (Ordinance 2000-09, exh. A, sec. 3.B, adopted 8/8/00; 2010 Code, sec. 50-38)

Secs. 10.02.003–10.02.030 Reserved

Division 2. Planning and Zoning Commission

Sec. 10.02.031 Planning and zoning commission

The planning and zoning commission (hereinafter referred to as the commission), shall be appointed by the city council. The commission shall consist of seven members that shall serve for three-year terms. A quorum

shall consist of four members and an affirmative vote of a majority of those present shall be necessary to

pass upon pending questions, the chairperson being entitled to vote upon any question. Terms of office,

rules of procedure, vacancies, and powers and duties are contained within the city charter. In addition to the stated duties referenced in the charter, the planning and zoning commission shall have the responsibility

to perform the following:

(1) Hear testimony on behalf of applicants and consider the facts, findings, and recommendation of the zoning official;

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(2) Consider the interests of the public related to the public health, safety, morals and general welfare;

(3) Identify the appropriateness of requested rezoning issues and text amendments considering conformance with the adopted zoning regulations, official zoning district map, and

comprehensive plan; (4) Interpret zoning district boundaries in cases of conflict or question; (5) Make determinations as to the appropriate zoning district for new and unlisted uses; (6) Make recommendations to the city council, in the form of a final report, related to approval or

denial of an application in addition to stating the reasons for such approval or denial;

(7) Maintain compliance with chapter 551, Open Meetings Act, of the Texas Local Government Code, as may be amended from time to time;

(8) Make, amend, extend, and add to the master plan for the physical development of the city; and (9) Perform other such duties and be vested with such powers as the city council shall from time to

time prescribe.

(Ordinance 2000-09, exh. A, sec. 3.C (intro.), adopted 8/8/00; 2010 Code, sec. 50-39)

Charter reference–Planning commission, sec. 8.03.

Sec. 10.02.032 Applications for rezoning

A rezoning request may be initiated by the zoning official, planning and zoning commission, city council, or by a landowner filing an application with the zoning official. If the applicant is not the owner of the

property under consideration, a letter from the landowner authorizing said applicant to act as agent on behalf

of the landowner is required. Landowners shall submit, but are not limited to, the following:

(1) Name, address, and telephone number of applicants, owners, and agents; (2) A statement of the reasons why the rezoning is being requested; (3) Legal description of the property proposed for rezoning, including a copy of a plat or survey; (4) Filing fee, as established by the city council; and (5) Other information or documentation necessary to process the application, as required by the

zoning official, planning and zoning commission, and/or city council.

(Ordinance 2000-09, exh. A, sec. 3.C(1), adopted 8/8/00; 2010 Code, sec. 50-40)

Sec. 10.02.033 Property owner notification

At least ten days prior to the date of the public hearing, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each

owner, as indicated by the most recently approved municipal tax roll, of real property owners within 300

feet of the property on which the change in classification is proposed. The mailed notice shall be in letter

form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that

the public may be heard at the public hearing. When notice has been properly addressed and mailed, failure

to receive mailed notice shall not invalidate any action taken on the application. (Ordinance 2000-09, exh.

A, sec. 3.C(2), adopted 8/8/00; 2010 Code, sec. 50-41)

Sec. 10.02.034 Planning and zoning commission report

The planning and zoning commission will hold a public hearing on each proposed request for rezoning. After the public hearing, the commission will send a report; this report shall be known as the final report of

the meeting minutes to the city council recommending approval or denial of the request. A tie vote on a

request for a zoning change is deemed to be the commission’s recommendation for denial. If the

commission recommends denial, an appeal may be submitted to the city council if the applicant files a

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written request for a public hearing for an appeal with the zoning official within 30 days of the date of the

denial. (Ordinance 2000-09, exh. A, sec. 3.C(3), adopted 8/8/00; 2010 Code, sec. 50-42)

Sec. 10.02.035 Criteria for considering rezoning applications

In considering any application for rezoning, the planning and zoning commission and city council may give consideration to the criteria in this section, to the extent pertinent to the application. In addition, other

factors may be considered which may be relevant to the application.

(1) Conformance of the proposed zoning and use with the El Campo 2020 Land Use Plan and other city policies.

(2) The character of the neighborhood. (3) The zoning and use of nearby properties, and the extent to which the proposed zoning and use

would be compatible. (4) The suitability of the property for the uses permitted by right in the proposed zoning district. (5) The extent to which approval of the application would detrimentally affect nearby properties. (6) The extent to which the proposed use would adversely affect the capacity or safety of that portion

of the street network or present parking problems in the vicinity of the property.

(7) The extent to which approval of the application would harm the value of nearby properties. (8) The gain to the public health, safety, and welfare due to denial of the application as compared to

the hardship imposed upon the landowner as a result of denial of the application. (9) There are exceptional circumstances or conditions applicable to the property involved or to the

intended use or development of the property that do not apply generally to other property in the

same zone or neighborhood.


Sec. 10.02.036 City council hearing and action

After receiving the report of meeting minutes of the planning and zoning commission, the city council must hold a public hearing on the rezoning request, for which notice of the time and place of the hearing has

been published in the newspaper at least 15 days prior to the hearing date, or as provided by state law. After

the close of the public hearing, the city council may approve or deny the request, return it to the commission

for further consideration, or take whatever other action the council deems appropriate. The affirmative vote

of at least three-fourths of all members of the city council (six members) is required to:

(1) Overrule the planning and zoning commission’s recommendation that a proposed change to a zoning boundary (or regulation in the case of text amendments) be denied; or

(2) Approve a change to a boundary (or regulation in the case of text amendments), if the city receives a written and signed petition from at least 20 percent of the following:

(3) The area of the lots or land covered by the proposed change; or (4) The area of the lots or land immediately adjoining the area covered by the proposed change and

extending 300 feet from that area.

(5) In computing the percentage of land area, the area of streets and alleys shall be included.


Charter reference–City council rules of procedure, Article 3, sec. 3.07.

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Sec. 10.02.037 Joint hearings

The city council may hold a joint public hearing with the planning and zoning commission on a request for

a change in zoning classification as provided by state law. In case of a joint hearing, the city council must

not act on the request until it receives the report of the planning and zoning commission. (Ordinance 2000-

09, exh. A, sec. 3.C(6), adopted 8/8/00; 2010 Code, sec. 50-45)

Sec. 10.02.038 Reconsideration

An application for a change in zoning classification that is denied by the city council or which is withdrawn

by an applicant after the planning and zoning commission makes a report recommending denial shall not be again submitted for filing with the zoning official within six months of the original date of filing, except

upon the consent of the city council. (Ordinance 2000-09, exh. A, sec. 3.C(7), adopted 8/8/00; 2010 Code,

sec. 50-46)

Sec. 10.02.039 Application fees

The city shall collect a fee as provided for in appendix A of this code for each rezoning application

submitted for consideration involving a public hearing. Informal discussions may be requested if no official

action is to be taken. (Ordinance 2000-09, exh. A, sec. 3.C(8), adopted 8/8/00; 2010 Code, sec. 50-47)

Secs. 10.02.040–10.02.060 Reserved

Division 3. Board of Adjustment

Sec. 10.02.061 Zoning board of adjustment

The zoning board of adjustment (hereinafter referred to as the “board”), which shall be in accordance with

the provisions of Texas Local Government Code, section 211.008, Board of Adjustment, shall be appointed

by the city council. The board shall have the powers and duties as prescribed in Texas Local Government Code, section 21.009 [211.009], Authority of Board. The Board shall consist of five (5) regular members

and 2 (two) alternate members to serve in the absence of one or more regular members when asked to do

so. All members shall serve for two (2) year terms. All cases to be heard by the board will always be heard by a minimum of four (4) members and this shall constitute a quorum. (Ordinance 2000-09, exh. A, sec.

3.D (intro.), adopted 8/8/00; 2010 Code, sec. 50-48; Ordinance 2017-02 adopted 3/27/17)

Charter reference–Board of adjustment, sec. 8.04.

Sec. 10.02.062 Procedures

The board shall utilize the following procedures in conducting business:

(1) In exercising its jurisdiction the board shall adopt from time to time such general rules and regulations to [for] its procedure as may be deemed necessary.

(2) Meetings of the board may be held in conjunction with meetings of the city council or the planning and zoning commission.

(3) All meetings of the board shall be open to the public. (4) The board shall keep minutes and records of the meetings or other official actions, all of which

shall be immediately filed and shall be a public record.

(Ordinance 2000-09, exh. A, sec. 3.D(1), adopted 8/8/00; 2010 Code, sec. 50-49)

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Sec. 10.02.063 Authority of board

The board shall have the authority to perform the following:

(1) To subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents;

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

(3) To hear and decide special exceptions to the terms of this chapter, upon which the board is required to pass under this chapter;

(4) To authorize in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions

of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done;

(5) To reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as it ought to be made, and to that end shall have all the powers of the administrative official from whom the appeal is taken;

(6) The board shall have jurisdiction of and be responsible for the administration of the regulations and provisions of this chapter. It shall have the power to exercise this jurisdiction as hereafter

provided, and shall have the authority to act in its administrative capacity with regard to interpretations, variances and adjustments;

(7) The concurring vote of 75 percent (four members) of the members of the board is necessary to: (A) Reverse an order, requirement, decision, or determination of an administrative official; (B) Decide in favor of an applicant on a matter on which the board is required to pass regarding

this chapter; or

(C) Authorize a variation from the terms of this chapter. (Ordinance 2000-09, exh. A, sec. 3.D(2), adopted 8/8/00; Ordinance 2009-01, sec. 1, adopted 1/12/09; 2010

Code, sec. 50-50)

Sec. 10.02.064 Variances

The board shall have authority to grant [variances] upon such terms and conditions as it deems necessary. Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this

chapter would occur from strict literal interpretation and enforcement, variances that would be in harmony

with the general purpose and intent may be considered. However, the spirit of this chapter shall be observed,

public safety and welfare secured, and substantial justice done as follows:

(1) Permit such modification of the height, area and yard requirements as may be necessary to secure an appropriate improvement on a lot;

(2) Permit the addition or enlargement of a nonconforming building, provided that such work complies with all height and area regulations of the zone in which it is located, and that the total

aggregate floor area of such work does not exceed 50 percent of the floor area of the

nonconforming building; (3) Permit the extension of an existing or proposed conforming use into an adjoining more restricted

zone;

(4) Permit the modification of the conditions under which specific uses are allowed in certain zones; (5) Permit the modification of the automobile parking or loading space requirements where, in the

particular instance, such modification will not be inconsistent with the purpose and intent of this

chapter; and (6) Permit the repair of an existing nonconforming building as long as the value of the repairs does

not exceed 50 percent of the appraised tax value.


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Sec. 10.02.065 Conditions for considering variances

No variance shall be granted by the board unless it finds:

(1) Such variance will not be contrary to public interest. (2) Such variance will not authorize the operation of a use other than those uses specifically

authorized for the district in which the property for which the variance is sought is located.

(3) Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

(4) Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

(5) Such variance will be in harmony with the spirit and purposes of this chapter. (6) The plight of the owner of the property for which the variance is sought is due to unique

circumstances existing on the property, and the unique circumstances were not created by the

owner of the property and are not merely financial, and are not due to, or the result of, general

conditions in the district in which the property is located.

(7) The variance will not substantially weaken the general purposes of this chapter or the regulations herein established for the specified district.

(8) The variance will not adversely affect the health, safety or welfare of the public.


Sec. 10.02.066 Appeal to board

Any person aggrieved by, or any officer, department, board, or bureau of the city affected by the decision of an administrative official’s decision on matters contained within this chapter may appeal such decision

to the board. An appeal is filed by the applicant submitting a completed notice of appeal, within 30 days

after the decision of the administrative official’s decision, along with the required fee, to the board, the zoning official and the official from whom the appeal is taken. The notice of appeal must contain a statement

of the reasons the party appealing believes the decision appealed is not a correct decision. On receiving the

notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers

constituting the record of the action that is appealed. (Ordinance 2000-09, exh. A, sec. 3.D(5), adopted

8/8/00; 2010 Code, sec. 50-53)

Sec. 10.02.067 Application

A person requesting a variance to any provision of the zoning regulations must submit an application to the zoning official along with the required fee. The zoning official may require that the applicant submit

additional information necessary to undertake a complete analysis and evaluation of the variance request

and to determine whether the circumstances prescribed for granting the variance exists. The city, shall collect a fee as provided for in appendix A of this code for each variance application submitted for

consideration involving a public hearing. Informal discussions may be requested if no official action is to

be taken. (Ordinance 2000-09, exh. A, sec. 3.D(6), adopted 8/8/00; 2010 Code, sec. 50-54)

Sec. 10.02.068 Board decision–Effective date

No decision rendered by the board shall become effective until the expiration of ten days from the date of

its decision. (Ordinance 2000-09, exh. A, sec. 3.D(7), adopted 8/8/00; 2010 Code, sec. 50-55)

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Sec. 10.02.069 Same–Conditions

The board may condition the granting of a decision in such means and manners as it deems just and

reasonable. For example, it may condition the effectiveness of the decision upon the proposed construction

being actually completed within a certain length of time, or carried on diligently to completion, and in the

event that it is not, then the variance shall become null and void, or the board may stipulate certain construction requirements; provided, however, all matters brought before the board and granted are

conditional upon the privileges being utilized within 180 days after the effective date thereof, or a new

application must be made. (Ordinance 2000-09, exh. A, sec. 3.D(8), adopted 8/8/00; 2010 Code, sec. 50-

56)

Sec. 10.02.070 Proceedings stayed

The proper filing of an appeal stays all proceedings in furtherance of the action that is appealed, unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official’s opinion

that a stay would cause imminent peril to life or property. In that case, the proceeding may be stayed only

by a restraining order granted by the board or a court of record on application, after notice to the official, if

due cause is shown. (Ordinance 2000-09, exh. A, sec. 3.D(9), adopted 8/8/00; 2010 Code, sec. 50-57)

Sec. 10.02.071 Public hearing

The board of adjustment, acting through the zoning official, will schedule a public hearing on the appeal.

A party may appear at the appeal hearing in person or by agent or attorney. At least ten days prior to the hearing, written notice of the time and place of the hearing must be given to the person filing the appeal

and to all owners of adjoining properties within 300 feet, in the same manner in which adjoining properties

are given notice of a hearing before the planning and zoning commission for a change in zoning

classification. (Ordinance 2000-09, exh. A, sec. 3.D(10), adopted 8/8/00; 2010 Code, sec. 50-58)

Sec. 10.02.072 Burden of proof

The burden of establishing that the decision appealed was wrong is the responsibility of the party bringing

the appeal. (Ordinance 2000-09, exh. A, sec. 3.D(11), adopted 8/8/00; 2010 Code, sec. 50-59)

Sec. 10.02.073 Board decision after public hearing

After the close of the public hearing, the board may reverse or affirm, in whole or in part, or modify the

administrative official’s decision from which an appeal is taken and make the correct decision. The board shall decide the appeal within 60 days after the date of the public hearing. (Ordinance 2000-09, exh. A, sec.

3.D(12), adopted 8/8/00; 2010 Code, sec. 50-60)

Sec. 10.02.074 Judicial review

Any of the following persons may present to a court of record a verified petition stating that the decision of

the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:

(1) A person aggrieved by a decision of the board; (2) A taxpayer; or (3) An officer, department, board or bureau of the city.


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Sec. 10.02.075 Petition

The following criteria shall be in force regarding the filing of a petition:

(1) The petition must be presented to a court of record within ten days after the date the decision is filed with the board of adjustment or the zoning official.

(2) On the presentation of the petition, the court may grant a writ of certiorari directed to the board of adjustment to review the board’s decision. The writ must indicate the time by which the board’s

return must be made and served on the petitioner’s attorney, which must be after ten days and

may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application, and after notice to the board, the court may grant a restraining

order if due cause is shown.

(3) The board of adjustment’s return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to

return the original document on which the board acted but may return certified or sworn copies of

the documents or parts of the documents as required by the writ. (4) If, at the hearing, the court determines that the testimony is necessary for the proper disposition of

the matter, it may take evidence or appoint a referee to take evidence as directed. The referee

shall report the evidence to the court with the referee’s findings of fact and conclusions of law.

The referee’s report constitutes a part of the proceedings on which the court shall make its decision.


Sec. 10.02.076 Court decision

The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not

be assessed against the board of adjustments unless the court determined that the board acted with gross

negligence, in bad faith, or with malice in making its decision. (Ordinance 2000-09, exh. A, sec. 3.D(15),

adopted 8/8/00; 2010 Code, sec. 50-63)

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ARTICLE 10.03 DISTRICT REGULATIONS

Sec. 10.03.001 Establishment of zoning districts

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction,

altering, moving, or use of buildings and structures, the corporate area of the city is divided into zoning

districts, as follows:

(1) Conventional districts.

(A) Residential districts.

(i) R-1E Single-Family Residential Estate District.

(ii) R-1 Single-Family Residential District.

(iii) R-1S Single-Family Small Lot Residential District.

(iv) R-1M Single-Family Manufactured Home Park/Subdivision District.

(v) R-2 Mixed Residential District.

(vi) R-3 Multiple-Family Residential District.

(B) Commercial districts.

(i) C-1A Neighborhood Business District.

(ii) C-1 Light Commercial District.

(iii) C-2 General Commercial District.

(iv) CBD Central Business District.

(B) Industrial districts.

(i) M-1B Industrial Business Park District.

(ii) M-1 Light Industrial District.

(iii) M-2 General Industrial District.

(2) Special districts - PD Planned Development District. The PD Planned Development District is

hereby created to increase the compatibility and reduce negative impacts of adjacent development, as

specified in this chapter.

(Ordinance 2000-09, exh. A, sec. 4.A, adopted 8/8/00; Ordinance 2004-09, exh. A, adopted 5/25/04; 2010

Code, sec. 50-87)

Sec. 10.03.002 Official zoning district map

The location and boundaries of the various zoning districts are shown on the official zoning district map.

The zoning official is responsible for custody of the map and will promptly make any changes approved by

the city council. The provisions of an ordinance establishing a district, amending a district classification, or

amending a district boundary control over any conflicting information shown on the official zoning district map. The official zoning district map, together with all notations, references and other information shown

thereon and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described

herein. The official zoning district map, properly attested, is on file in the office of the zoning official and is fully accessible to the public during normal business hours. (Ordinance 2004-09, exh. A, adopted 5/25/04;

2010 Code, sec. 50-88)

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Sec. 10.03.003 Interpretation of district boundaries

Where uncertainty exists with respect to the boundaries of any of the districts shown on the official zoning

district map, the following rules apply:

(1) The adopted ordinance with the surveyed legal description may be used for verification

purposes of the district boundaries;

(2) Where district boundaries are so indicated that they approximately follow the centerlines of

streets or highways, the street centerlines or highway rights-of-way lines are construed to be the

boundaries;

(3) Where district boundaries are so indicated that they approximately follow lot lines, the lot

lines are construed to be the boundaries;

(4) Where district boundaries are so indicated that they are approximately parallel to the

centerlines or street lines of streets, or the centerlines of [or] right-of-way lines of highways, such

district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the

use of the scale on said zoning map;

(5) In subdivided property, the district boundary lines on the zoning map shall be determined

by use of the scale appearing on the map;

(6) In the case of a district boundary line dividing a property into two parts, the provisions of

the zone in which the major portion of the lot is located shall apply to the entire lot;

(7) Whenever any street, alley, or other public way is vacated by official action of the city

council, the zoning district adjoining each side of the street, alley, or public way shall be

automatically extended to the center of such vacation and all area included in the vacation shall

then be subject to all regulations of the extended districts;

(8) Where streets or alleys on the ground differ from streets or alleys shown on the zoning map,

the streets or alleys on the ground control; and

(9) The planning and zoning commission shall interpret the district boundaries in cases of

conflict or question.

(Ordinance 2000-09, exh. A, sec. 4.B, adopted 8/8/00; 2010 Code, sec. 50-89)

Sec. 10.03.004 New and unlisted uses

If the zoning official determines that a proposed use is not listed, or if there is ambiguity of its proper

classification within the respective zoning districts, the zoning official will request that the planning and zoning commission consider the proposed use and make a determination as to the district in which the use

should be located. This determination shall be by written resolution. In the event the commission’s

determination requires a text amendment, the proposed use must be sent to the city council for its consideration and action in accordance with the procedures for amending the text of this chapter. (Ordinance

2000-09, exh. A, sec. 4.C, adopted 8/8/00; 2010 Code, sec. 50-90)

Sec. 10.03.005 Zoning of newly annexed areas and unplatted property

(a) Proposed annexation. The planning and zoning commission shall promptly hold a public

hearing on all proposed annexations to designate the specified zoning, or zonings, of the area to

be annexed.

(b) Annexed property. All properties annexed into the city limits shall be done so with

specified and permanent zoning.

(Ordinance 2000-09, exh. A, sec. 4.D, adopted 8/8/00; 2010 Code, sec. 50-91)

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Sec. 10.03.006 Compliance with regulations

The following regulatory provisions shall require compliance:

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

(2) No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which the

building is located.

(3) No building shall be erected, converted, enlarged, reconstructed or structurally altered to

exceed the height limit established for the district in which the building is located.

(4) No building shall be erected, converted, enlarged, reconstructed or structurally altered

except in conformity with the area regulations of the district in which the building is located.

(5) No building shall be erected, or structurally altered to the extent specifically provided in

this chapter except in conformity with the off-street parking and loading regulations of the district

in which the building is located.

(6) The minimum yards, parking spaces, and open spaces, including lot area per dwelling unit,

required by this chapter for each and every building existing at the time of passage of this chapter

or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be

reduced below the requirements of this chapter for the district in which the lot is located.

(7) Every building hereafter erected or structurally altered shall be located on a lot as defined in this chapter; and, except as provided in this chapter, there shall not be more than one main

building on one lot.

(8) Towers may be located in any zone provided the structure complies with the height

regulations of that district.

(9) Wind turbines are prohibited in all districts.

(Ordinance 2000-09, exh. A, sec. 4.E, adopted 8/8/00; Ordinance 2009-08, sec. 2, adopted 4/27/09; 2010

Code, sec. 50-92)

Sec. 10.03.007 R-1E Single-Family Residential Estate District

(a) Purpose. The zoning of property as R-1E single-family residential estate is intended to provide for

conventional detached single-family dwellings at a density not exceeding one dwelling unit per five acres.

Property zoned R-1E should include large lot tracts, those appropriate for large lot development given the

surrounding land use and zoning, or those in conformance with the rural designation on the El Campo

2020 Land Use Plan. Manufactured homes are not permitted in the R-1E district.

(b) Uses permitted by right. No building, structure, or land shall be used, and no building or structure

shall be erected, constructed, reconstructed, moved or altered except for one or more of the following

identified uses, subject to all applicable provisions of this chapter:

(1) Accessory residential uses.

(2) Agricultural production, crops, livestock and animal specialties.

(3) Churches and other religious organizations, including accessory facilities.

(4) Conventional detached single-family residences.

(5) Elementary and secondary schools.

(6) Golf courses, except a miniature course or practice driving tee operated for commercial

purposes.

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(7) Home occupations incidental to a permitted use.

(8) Parks.

(9) Recreation facilities, nonprofit.

(10) Other uses, which in the judgment of the commission as evidenced by a written resolution,

are similar and no more objectionable than any of those enumerated in this subsection.

(c) Height and area regulations. The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for yards and parking lots, and the minimum lot area per dwelling unit shall

be as follows, except as otherwise provided in article 10.06 of this chapter, pertaining to height and area

regulations:

(1) Minimum lot area: Five acres per dwelling unit.

(2) Maximum height of structures: 2-1/2 stories with a maximum of 35 feet from finished

grade.

(3) Minimum yards:

(A) Front: 50 feet from street right-of-way.

(B) Side: 15 feet.

(C) Corner: 30 feet.

(D) Rear: 50 feet.

(4) Minimum lot width: 300 feet.

(5) Minimum parking lot setback for nonresidential uses:

(A) 20 feet from street right-of-way.

(B) 25 feet from adjoining property lines.

(d) Development and performance standards. Nonresidential uses that are proposed for the benefit of or

an amenity to a particular subdivision and not for use by the general public, i.e., neighborhood pools,

clubhouses, etc., should be located within the interior of the subdivision or adjacent to an arterial street.

Under certain circumstances, notification of the surrounding property owners may be required.

(Ordinance 2000-09, exh. A, sec. 4.H, adopted 8/8/00; 2010 Code, sec. 50-93)

Sec. 10.03.008 R-1 Single-Family Residential District

(a) Purpose. The zoning of property as R-1 single-family residential is intended to provide for conventional detached single-family dwellings. The R-1 district is considered to be appropriate for

undeveloped areas in order to protect development of conventional single-family residential areas. The R-

1 district may be used as a holding zone between the time of annexation and development. Manufactured

homes are not permitted within the R-1 district.




(1) All uses permitted in the R-1E Single-Family Residential Estate District, excluding

agricultural production, crops, livestock and animal specialties.



(c) Height and area regulations. The maximum height of buildings and structures, the minimum

dimensions of lots, setbacks for yards and parking lots, and the minimum lot area per dwelling unit shall

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be as follows, except as otherwise provided in article 10.06 of this chapter, pertaining to height and area

regulations:

(1) Minimum lot area: 7,000 square feet per dwelling unit.

(2) Maximum height of structures: 2-1/2 stories, with a maximum of 35 feet from finished

grade.

(3) Minimum yards:


(B) Side: Six feet.


(D) Rear: 20 feet.

(4) Minimum lot width: 70 feet.

(5) Minimum lot depth: 100 feet.



(B) Ten feet from adjoining property lines.

(d) Development and performance standards. Nonresidential uses that are proposed for the benefit of or an amenity to a particular subdivision and not for use by the general public, i.e., neighborhood pools,




Sec. 10.03.009 R-1S Single-Family Small Lot Residential District

(a) Purpose. The zoning of property as R-1S single-family small lot residential is intended to provide for conventional detached single-family patio home dwellings on small lots and low density townhouse

dwelling units restricted to eight units per acre. The purpose of the R-1S district is to allow efficient

utilization of land, encourage affordable housing opportunities, and allow traditional neighborhood

developments. Manufactured homes are not permitted in the R-1S district.




(1) All uses permitted in the R-1 Single-Family Residential District.

(2) Patio homes.

(3) Townhouses, restricted to eight units per acre.




dimensions of lots, setbacks for yards and parking lots, and the minimum lot area per dwelling unit shall be as follows, except as otherwise provided in article 10.06 of this chapter, pertaining to height and area

regulations:

(1) Minimum lot area:

(A) 5,000 square feet per single-family dwelling.

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(B) 2,000 square feet per townhouse dwelling unit.


grade.

(3) Minimum yards:


(B) Side: Zero feet on one side and six feet on the other side. Six feet for end units of

townhouse lots.

(C) Corner: Ten feet.

(D) Rear: 15 feet.

(4) Minimum lot width:

(A) 50 feet standard for single-family dwellings.

(B) 60 feet corner for single-family dwellings on newly platted lots.

(C) 20 feet standard for townhouse dwellings.

(D) 30 feet corner for townhouse dwellings.





(7) Maximum lot coverage for single-family dwellings: 65 percent of lot area, including

principal and accessory buildings.





Sec. 10.03.010 R-1M Single-Family Manufactured Home Park/Subdivision District

(a) Purpose. The zoning of property as R-1M single-family manufactured home park/subdivision is intended for manufactured home parks and manufactured home subdivisions. Conventional single-family

dwellings, two-family dwellings, patio homes, and multiple-family dwellings are not permitted within the

R-1M district.

(b) Uses permitted by right. No manufactured home, house trailer, dwelling or other structure permitted

in this zone may be erected, altered, placed, moved, or converted on any lot or tract unless said lot or tract

is in conformity with all minimum area regulations in this section. The building official may permit the parking, use and occupancy of a manufactured home outside of a duly authorized zone for a period not to

exceed 15 days. No person shall park, place or locate any manufactured home upon any public street or

public park within the city for a period of more than four hours. No manufactured home, mobile home,

building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the following identified uses, subject to all

applicable provisions of this chapter:

(1) Accessory residential uses, including a manager’s dwelling and office, storage building, restrooms, washrooms, bathhouse in conjunction with a swimming pool, for the private use of the

occupants of the park or subdivision, recreation building, and similar uses.

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(2) Churches and other religious organizations, including accessory facilities.

(3) Elementary and secondary schools, public or private, provided that any such building shall

be located not less than 40 feet from any side or rear lot line.

(4) Golf courses, except a miniature course or practice driving tee operated for commercial

purposes.

(5) Home occupations incidental to a permitted use.

(6) Manufactured homes.

(7) Parks.

(8) Recreation facilities, nonprofit.




dimensions of lots, setbacks for yards and parking lots, and the minimum lot area per dwelling unit for

manufactured homes shall be as follows, except as otherwise provided in article 10.06 of this chapter,

pertaining to height and area regulations:

(1) Minimum lot area:

(A) 5,200 square feet per dwelling unit within a manufactured home park.

(B) 6,500 square feet per dwelling unit within a manufactured home subdivision.

(2) Maximum height of structures: One story, with a maximum of 15 feet from finished grade.


(A) 40 feet (manufactured home park).

(B) 50 feet (manufactured home subdivision).

(4) Minimum yards:

(A) Front:

(i) 25 feet from street right-of-way.

(ii) 20 feet from a private street easement.

(B) Side: Ten feet on each side (measured horizontally from the nearest point of the

rear line of the unit or lot to the nearest part of the manufactured home or mobile home).


(D) Rear: 20 feet (measured horizontally from the nearest point of a unit or lot line to

the nearest part of the manufactured home or mobile home).


(A) 60 feet standard.

(B) 70 feet corner.





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(d) Development and performance standards.

(1) Compliance with other ordinances. All applicable requirements of the city codes

concerning utility connections must be complied with and the necessary permits acquired prior to

a manufactured home being placed within the city.

(2) Plat requirements. No manufactured home park or subdivision shall be constructed or

developed without following all platting procedures outlined in article 10.02, pertaining to

subdivisions.

(3) Screening requirements. All manufactured homes located within the city limits shall be

totally screened around the bottom, with the exception of mobile/manufactured home parks.

(4) General rules and regulations for manufactured home parks. The following rules and

regulations shall be adhered to in regards to all manufactured home park developments:

(A) All streets within the development shall be privately owned and maintained.

(B) Proper easements shall be granted for access by police, fire, ambulance and

sanitation vehicles.

(C) The domestic water supply shall be serviced by a single master water meter and all

lines within the development shall be privately owned and maintained.

(D) In the event a fire hydrant is required within the park to provide fire protection,

this main line shall be located within a dedicated easement and maintained by the city.

(E) Sanitary sewer connections will be made at manholes at the main line and all lines

within the development shall be privately owned and maintained.

(F) The garbage collection system will be coordinated with the city’s solid waste

contractor.


Sec. 10.03.011 R-2 Mixed Residential District

(a) Purpose. The zoning of property as R-2 mixed residential is intended for various types of single-

and two-family residential development, including manufactured homes (including modular homes) on

individual lots, conventional detached single-family homes, and two-family duplexes. The purpose of the R-2 district is to allow a blend of residential uses within a compatible, cohesive neighborhood

environment.

(b) Uses permitted by right. No building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the following


(1) All uses permitted in the R-1S district.

(2) Manufactured homes in accordance with R-1M district.

(3) Two-family residences (duplexes).

(4) Other uses, which in the judgment of the commission, as evidenced by a written resolution,


(c) Height and area regulations. The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for yards and parking lots, and the minimum lot area per dwelling unit for

conventional detached single-family and two-family residences, patio homes, and manufactured homes

shall be as follows, except as otherwise provided in article 10.06 of this chapter, pertaining to height and

area regulations:

of 158

(1) Minimum lot area: 6,000 square feet per dwelling unit.


grade.

(3) Minimum yards:


(B) Side: Six feet.


(D) Rear: 20 feet.


(A) 60 feet standard.

(B) 70 feet corner on newly platted lots.









Sec. 10.03.012 R-3 Multiple-Family Residential District

(a) Purpose. The zoning of property as R-3 multiple-family residential is intended for various types of residential development, including conventional single-family and two-family residences and multiple-

family dwellings such as duplexes, triplexes, town homes, condominiums, and apartments. Manufactured

homes are not permitted in the R-3 d

UDC - El Campo, Texas with Land Use Matrix.pdf · 2019. 4. 30. · UDC Unified Development Code 1st...

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Transcript of UDC - El Campo, Texas with Land Use Matrix.pdf · 2019. 4. 30. · UDC Unified Development Code 1st...