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Chapter 14: Zoning

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Chapter 14: Zoning

City of Lowry Crossing, TX Code of Ordinances


ARTICLE 14.01

GENERAL PROVISIONS (RESERVED)

ARTICLE 14.02

ZONING ORDINANCE

§ 14.02.001 Adopted.

The comprehensive zoning ordinance, Ordinance 110, adopted by the city on August 3, 1999, as

amended, is included at the end of this chapter as exhibit A. Due to the nature of the zoning ordinance

and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted,

with only nonsubstantive formatting and style changes. All references in the ordinance to “Town”

or “Town Council” have been changed to “City” or “City Council,” respectively, without notation.

Capitalization, punctuation and numbering of articles, sections and subsections have been retained as

enacted. Subsequent amendments will be inserted in their proper place and denoted by a history note

following the amended provisions. The absence of a history note indicates the material is unchanged

from the original. Obviously misspelled words have been corrected without notation. Any other

material added for purposes of clarification is enclosed in brackets.

(Ordinance adopting Code)

ARTICLE 14.03

IMPLEMENTATION OF HOUSE BILL 2439 AND HOUSEBILL 2497

§ 14.03.001 Definitions.

The following definitions apply to the provisions of this article:

Building code. Any of the following adopted by the City, as amended: The International Residential

Code, the National Electrical Code; the International Building Code; the International Plumbing Code;

and International Mechanical Code.

Commercial building. A building for the use or occupation of people for a public purpose or economic

gain, or a residence if the building is a multifamily residence that is not defined as a residential

building.

National model code. A publication that is developed, promulgated, and periodically updated at

a national level by organizations consisting of industry and government fire and building safety

officials through a legislative or consensus process and that is intended for consideration by units

of government as local law. “National model code” includes the International Residential Code, the

National Electrical Code and the International Building Code.

Residential building. A building having the character of a one-family or two-family dwelling or a

multiple single-family dwelling that is not more than three stories high with separate means of egress,

including the accessory structures of the dwelling and that does not have the character of a facility used

for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted

living services are provided in connection with the occupancy of the structure.

(Ordinance 324 adopted 8/13/19)

§ 14.03.002 Prohibitions on enforcement.

(a) Notwithstanding any other provision contained in the city’s ordinances, regulations or rules to the

contrary, an official responsible for enforcement of the city’s zoning ordinance or building codes,

as designated by city charter, ordinance or other authorization of the city, shall not:

(1) Prohibit or limit, directly or indirectly, the use or installation of a building product or

material in the construction, renovation, maintenance, or other alteration of a residential or

commercial building if the building product or material is approved for use by a national

model code published within the last three code cycles that applies to the construction,

renovation, maintenance, or other alteration of the building; or

(2) Enforce a standard for a building product, material, or aesthetic method in construction,

renovation, maintenance, or other alteration of a residential or commercial building if the

standard is more stringent than a standard for the product, material, or aesthetic method

under a national model code published within the last three code cycles that applies to the

construction, renovation, maintenance, or other alteration of the building.

(b) An applicant who proposes to use a building material, product or aesthetic method in the

construction or alteration of a residential or commercial building that is prohibited or limited by

the city’s adopted zoning ordinance or building codes, as amended, or that is less stringent than

the standard established by such ordinance or building codes, as amended, shall identify each

provision in a national model code published within the last three code cycles that approves the

use of such building material, product or aesthetic method, as a necessary requirement of the

application.

(c) An applicant may agree in writing to employ a building material, product or aesthetic method for

use in the construction or alternation of a residential or commercial building that otherwise cannot

be enforced under subsection (a).

(Ordinance 324 adopted 8/13/19)

§ 14.03.003 Exemptions for ordinances, requirements and programs.

The prohibitions in section 14.03.002 do not apply to the following ordinances, requirements or

programs of the city or state, and the officials responsible for enforcement of the city’s zoning

ordinance and building codes, as designated by city charter, ordinance or other authorization of

the city, shall apply all regulations and standards prescribed by such enactments, requirements or

programs, whether such ordinances, requirements or programs existing or hereafter adopted or

established, to the fullest extent therein provided:

(1) A local amendment of a building code to conform to local concerns if the amendment does not

conflict with sections 14.03.002(a) or (b);

(2) A program established by a state agency that requires particular standards, incentives, or

financing arrangements in order to comply with requirements of a state or federal funding source

or housing program;

(3) A requirement for a building necessary to consider the building eligible for windstorm and hail

insurance coverage under chapter 2210, Texas Insurance Code;

(4) An ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of

reducing light pollution and that: (1) is adopted by a governmental entity that is certified as a

Dark Sky Community by the International Dark-Sky Association as part of the International Dark

Sky Places Program; or (2) applies to outdoor lighting within five miles of the boundary of a

military base in which an active training program is conducted;

(5) An ordinance that regulates outdoor lighting and is adopted under subchapter B, chapter 229,

Texas Local Government Code, or under subchapter B, chapter 240, Texas Local Government

Code; or

(6) Installation of a fire sprinkler protection system under Tex. Occupation Code, section

1301.551(i), or under Tex. Health and Safety Code, section 775.045(a)(1).

(Ordinance 324 adopted 8/13/19)

§ 14.03.004 Exemptions for buildings.

The prohibitions in section 14.03.002 do not apply to the following buildings, and the officials

responsible for enforcement of the city’s zoning ordinance and building codes, as designated by city

charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed

by those ordinances or codes to such buildings, whether such provisions are existing or hereafter

adopted or established, to the fullest extent.

(1) A building located in a place or area designated for its historical, cultural, or architectural

importance and significance by the city which were adopted by the city council prior to April 1,

2019;

(2) A building located in a zoning district designated by the city council after April 1, 2019 for its

historical, cultural, or architectural importance and significance by the city, and for which the

owner has voluntarily consented in writing to the application of the regulations or standards

prohibited by section 14.03.002, including the following zoning districts and any district that may

hereafter be created by the city council for its historical, cultural, or architectural importance and

significance;

(3) A building located in a place or area designated for its historical, cultural, or architectural

importance and significance that a municipality may regulate under section 211.003(b), Texas

Local Government Code, if the municipality: (1) is a certified local government under the

National Historic Preservation Act (54 U.S.C. Section 300101 et seq.); or (2) has an applicable

landmark ordinance that meets the requirements under the certified local government program as

determined by the Texas Historical Commission;

(4) A building located in an area designated as a historic district on the National Register of Historic

Places;

(5) A building designated as a Recorded Texas Historic Landmark;

(6) A building designated as a State Archeological Landmark or State Antiquities Landmark;

(7) A building listed on the National Register of Historic Places or designated as a landmark by a

governmental entity;

(8) A building located in a world heritage buffer zone; and

(9) A building located in an area designated for development, restoration, or preservation in a main

street city under the main street program established under section 442.014, Texas Government

Code.

(Ordinance 324 adopted 8/13/19)

§ 14.03.005 Appeal.

(a) An applicant, landowner or other aggrieved person may appeal the decision of an official

responsible for enforcement of the city’s zoning ordinance or building codes, as designated by

city charter, ordinance or other authorization of the city, applying a regulation or standard to the

construction, renovation, maintenance, or other alteration of a residential or commercial building,

which application is asserted to be prohibited by section 14.03.002, in the following manner:

(1) If the decision applies a requirement of a building code, to the building board of appeals, or

if there is no building board, to the zoning board of adjustment; or

(2) If the decision applies a requirement of the zoning ordinance, to the zoning board of

adjustment.

(b) The appeal shall identify the provision or provisions which the appellant alleges to have been

applied in violation of section 14.03.002. The appeal shall be filed, processed and decided in the

manner provided for appeals by the appellate entity herein designated.

(Ordinance 324 adopted 8/13/19)

§ 14.03.006 Amendments to zoning board of adjustment procedures.

Notwithstanding any other provision contained in the city’s ordinances, regulations or rules to the

contrary, the following provisions apply to the adoption of or amendment to rules of the zoning board

of adjustment and to appellate procedures before the board.

(1) Rules of the zoning board of adjustment adopted or amended on or after September 1, 2019, must

be approved by the city council.

(2) Appeals to the board from the decision of an administrative official made on or after September

1, 2019, shall be governed by the following rules:

(A) An appeal of a decision by an administrative official that is not related to a specific

application, address or project may be made by an aggrieved person or any officer,

department, board, or bureau of the city affected by the decision.

(B) An appeal of a decision by an administrative official that is related to a specific application,

address or project may be made by: the applicant; the owner or owner’s representative of

the property that is the subject of the decision; an aggrieved person who is the owner of

property within 200 feet of the property that is the subject of the decision; or any officer,

department, board, or bureau of the city affected by the decision.

(Ordinance 324 adopted 8/13/19)

ZONING

LOWRY CROSSING CODE

Exhibit 14A

ZONING ORDINANCE

§ 2. PURPOSE. DEVELOPMENT DISTRICT.

ESTABLISHED. DISTRICT.

REQUIREMENTS FOR

§ 5. ZONING DISTRICT

NONRESIDENTIAL USES.

BOUNDARIES.

§ 22. SPECIAL AND

§ 6. “TR1” TEMPORARY R1

ADDITIONAL

ZONING DISTRICT FOR

REGULATIONS.

ANNEXED TERRITORY

AND SOME SPECIAL USES. § 23. GLARE AND LIGHTING

STANDARDS.

§ 7. COMPLIANCE REQUIRED.

§ 23A. LANDSCAPING

§ 8. "A" - AGRICULTURAL

REQUIREMENTS.

DISTRICT.

§ 24. CLASSIFICATION OF NEW

§ 9. "RE" SINGLE-FAMILY

AND UNLISTED USES.

RESIDENTIAL ESTATE

DISTRICT. § 25. NONCONFORMING USES

AND STRUCTURES.

§ 10. "R-1" SINGLE-FAMILY

RESIDENTIAL DISTRICT. § 26. BOARD OF ADJUSTMENT.

RESIDENTIAL DISTRICT. COMMISSION.

RESIDENTIAL DISTRICT. AMENDMENTS.

ZONING CHANGE AND

§ 13. “RET” RETAIL DISTRICT.

FILING FEES.

§ 14. “HC” HIGHWAY

§ 30. SPECIAL DEFINITIONS.

COMMERCIAL DISTRICT.

§ 31. PRESERVING RIGHTS.

§ 15. “C” COMMERCIAL

DISTRICT REGULATIONS. § 32. REPEALING CLAUSE.

DISTRICT. VIOLATIONS.

DISTRICT. § 35. EFFECTIVE DATE.

§ 18. SUP SPECIAL USE PERMIT

DISTRICT.

ORDINANCE NO. 110

AN ORDINANCE OF THE CITY OF LOWRY CROSSING, TEXAS, AMENDING THE EXISTING

COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NO. 26b AND

AMENDMENTS THERETO BY ADOPTING THIS NEW COMPREHENSIVE ZONING

ORDINANCE AND ATTACHED ZONING MAP; ESTABLISHING ZONING DISTRICTS;

ESTABLISHING REGULATIONS FOR EACH DISTRICT; REGULATING HEIGHT, NUMBER

OF STORIES, AND SIZE OF BUILDINGS OR OTHER STRUCTURES; REGULATING THE

PERCENTAGE OF LOT THAT MAY BE OCCUPIED; REGULATING THE SIZE OF YARDS,

COURTS AND OTHER OPEN SPACES; REGULATING POPULATION DENSITY;

REGULATING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, FOR

BUSINESS, COMMERCIAL, RESIDENTIAL, OR OTHER PURPOSES; REGULATING

PARKING, SCREENING, LANDSCAPING, AND OTHER CRITERIA FOR THE USE AND

DEVELOPMENT OF LAND, BUILDINGS AND STRUCTURES; PROVIDING FOR CERTAIN

NONCONFORMING USES AND STRUCTURES; PROVIDING FOR APPLICATIONS FOR

ZONING CHANGES AND FEES; PROVIDING FOR THE CONTINUANCE OF THE EXISTING

PLANNING AND ZONING COMMISSION; PROVIDING FOR A BOARD OF ADJUSTMENT;

PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING

PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO

THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE

DATE.

WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Lowry

Crossing to establish zoning districts within the City for the purpose of regulating the use of land and

controlling the density of population to the end that congestion may be lessened in the public streets

and that the public health, safety, convenience and general welfare be promoted; and,

WHEREAS, a public hearing was held by the Planning and Zoning Commission after written notice

was mailed to all owners of real property as their names appeared on the last approved applicable tax

roll in accordance with V.T.C.A. Local Government Code Section 211.007; and

WHEREAS, Planning and Zoning Commission, after said public hearing, recommended adoption of a

new Zoning Ordinance; and

WHEREAS, a public hearing was held by the City Council after notice was published in the official

newspaper of the City as required by V.T.C.A., Local Government Code 211.006;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE CITY OF

LOWRY CROSSING, TEXAS:

§ 1. ENACTING CLAUSE.

1-1 That the Zoning Ordinance of the City of Lowry Crossing, Texas, as passed and approved as

Ordinance 26b, together with all amendments thereto (except as herein continued) is hereby

amended in its entirety to read as follows:

(Ordinance 110 adopted 8/3/99)

§ 2. PURPOSE.

2-1 The Zoning Regulations and Districts as herein established have been made for the purpose of

promoting the health, safety, morals and general welfare of the City. They have been designed to

lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide

adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of

population; to facilitate the adequate transportation, water, sewage, schools, parks, and other

public requirements. They have been made with reasonable consideration, among other things,

for the character of the district, and its peculiar suitability for the particular uses specified; and

with a view to conserving the value of adjacent property, buildings and encouraging the most

appropriate use of land throughout the City.

(Ordinance 110 adopted 8/3/99)

§ 3. ZONING DISTRICTS ESTABLISHED.

3-1 The City of Lowry Crossing, Texas, is hereby divided into the zoning districts named below. The

use, height and area regulations as set out herein are uniform in each district. The districts

established herein shall be known as:

Abbreviated Designation Zoning District Name

A “A” Agricultural District

RE “RE” Single-Family Residential Estate District

R-1 “R-1” Single-Family Residential District

2F “2F” Two-Family Residential District

O “O” Office District

RET “RET” Retail District

HC “HC” Highway Commercial District

C “C” Commercial District

LI “LI” Light Industrial District

HI “HI” Heavy Industrial District

SUP “SUP” Special Use Permit District

PD “PD” Planned Development District

FP “FP” Flood Plain District

TR1 “TR1” Temporary R1 District

See Sections 5-9, 5-10, 6 and 18-2

3-2 DEFINITION AND PURPOSE OF ZONING DISTRICTSA - Agricultural District. This district

is intended to provide a location for land situated on the fringe of an urban area and used for

agricultural purposes which may become an urban area in the future. Generally, Agricultural

Districts, will be near development; therefore, the agricultural activities conducted in the

Agricultural District, should not be detrimental to urban land uses. The types of uses, and the

area and intensity of the uses permitted in this district shall encourage and protect the

agricultural uses until urbanization is warranted and the appropriate change in district

classification is made.

RE Single-Family Residential Estate District - The principal use of land in this district is for

single-family detached dwellings of at least 1800 square feet in size on lots of at least 2 acre, and

related recreational, religious and educational facilities normally required to provide the basic

elements of a balanced, orderly, convenient, and attractive residential area.

R-1 Single-Family Residential District - The principal use of land in this district is for single-

family detached dwellings of at least 1600 square feet in size on lots of at least 1 acre, and related

recreational, religious and educational facilities normally required to provide the basic elements

of a balanced, orderly, convenient, and attractive residential area.

2F Two-Family Residential District. This 2F district is intended to provide the opportunity for

development that is two-family (duplex) in character, but which encourages individual ownership

of all dwelling units. This is permitted by dividing the typical duplex lot from front to back,

thus encouraging the sale of each dwelling unit and the land upon which it sits, to the occupant.

The principal use of land in this district is for single-family dwellings of at least 1600 square

feet in size on lots of at least 1 acre and related recreational, religious and educational facilities

normally required to provide the basic elements of a balanced, orderly, convenient, and attractive

residential area.

O - Office - This district is intended for a Professional or Administrative Office or Offices serving

near residential development with professional or administrative services. No chattels or goods

may be offered for sale on the premises and site development regulations and standards are

required to ensure that uses will be compatible and complementary in scale and appearance with

a residential environment. Professional and Administrative Offices to include, but not be limited

to, the offices of doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real

estate, banks and similar offices.

RET - Retail District - This district provides for areas of convenience shopping and other

residential service oriented businesses.

HC - Highway Commercial District - This district is intended primarily as a high intensity area

permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels,

restaurants, and low-and mid-rise offices, and should be located generally along high-volume

thoroughfares.

C - Commercial District. This district concentrates business warehouse and service activities not

normally locating within retail service centers.

LI - Light Industrial District. This district permits those industries and manufacturing plants that

are predominantly light in character, have their operations conducted wholly within buildings,

are more compatible than heavy manufacturing uses, and do not emit noxious odors, noises, dust,

smoke, and vibrations as do the heavy manufacturing processes.

HI - Heavy Industrial District. This district provides for the location of enterprises that tend to

emit odors, noises, dust and vibrations and that are least compatible with other uses.

SUP - Special Use Permit District - The SUP Special Use Permit District is a specific zoning

classification. The uses that normally fall into this specific use category are uses that have unique

characteristics that may, depending on the location of the property, require different conditions

and regulations not otherwise listed under the basic zoning districts. For this reason, when an

applicant seeks a change of zoning for a use listed in the Specific Use Section, the Planning

& Zoning Commission may recommend, and the City Council may impose, additional special

zoning conditions. The adoptive ordinance may establish requirements by reference to the basic

zoning ordinance or may list such specific conditions or requirements in the ordinance or on an

attached plan.

PD - Planned Development District. This district provides flexibility in planning and

development through the combination of uses.

FP - Flood Plain - Prefix - When added to any of the above-listed districts, the prefix specifies a

subdistrict subject to the provision of Section 20.

TR1 Temporary R1 District - A temporary classification given to a parcel of property [that] is

annexed into the city or to certain tracts with a terminated Special use permit (See Subsection

18-2) or given to a parcel of property that is zoned but the correct zoning cannot be resolved

by the application of Subsections 5-1 through 5-8 of Section 5 or the zoning of property is

invalidated by a final judgment of a Court. Such property shall retain the temporary classification

until it has been classified as a zoning district other than the “TR1” by a zoning change which

shall be initiated by the Planning & Zoning Commission as soon as practicable. See Subsections

5-9 & 5-10.

(Ordinance 110 adopted 8/3/99)

§ 4. ZONING DISTRICT MAP.

4-1 THE BOUNDARIES OF THE ZONING DISTRICTS SET OUT HEREIN ARE DELINEATED

UPON ZONING DISTRICT MAP OF THE CITY OF LOWRY CROSSING, TEXAS, SAID

MAP BEING HEREBY ADOPTED AS A PART OF THIS ORDINANCE AS FULLY AS IF

THE SAME WERE SET FORTH HEREIN IN DETAIL.

4-2 Two (2) original, official and identical copies of the Zoning District Map are hereby adopted

bearing the signature of the Mayor and attestation of the City Secretary and shall be filed and

maintained as follows:

(1) Two copies shall be filed with the City Secretary, one of which shall be retained as the

original record and shall not be changed in any manner. It shall be marked “Original Zoning

District Map of the City of Lowry Crossing, Texas, adopted by the passage of Ordinance

No. 110 on the 3rd day of August, 1999.”

(2) The second map shall be maintained up-to-date by posting thereon all changes and

subsequent amendments, shall be marked, “Official Zoning District Map of the City of

Lowry Crossing, Texas” (Adopted by Ordinance No. 110 on the 3rd day of August, 1999,

as amended).

(3) Reproductions for information purposes may, from time to time, be made of the Official

Zoning District Map. The Official Zoning District Map shall be updated as soon as practical

after individual zoning requests or other changes are approved.

(4) The Official Zoning District [Map] may herein be referred to as the Zoning District Map.

(Ordinance 110 adopted 8/3/99)

§ 5. ZONING DISTRICT BOUNDARIES.

5-1 THE DISTRICT BOUNDARY LINES SHOWN ON THE ZONING DISTRICT MAP ARE

USUALLY ALONG STREETS, ALLEYS, PROPERTY LINES OR EXTENSIONS THEREOF.

WHERE UNCERTAINTY EXISTS AS TO THE BOUNDARIES OF DISTRICTS AS SHOWN

ON THE OFFICIAL ZONING DISTRICT MAP, THE FOLLOWING RULES SHALL APPLY:

5-2 Boundaries indicated as approximately following streets, highways or alleys shall be construed

to follow the centerline of such street, highway or alley.

5-3 Boundaries indicated as approximately following platted lot lines shall be construed as following

such lines.

5-4 Boundaries indicated as approximately following city limits shall be construed as following city

limits.

5-5 Boundaries indicated as following railroad or utility lines shall be construed to be the centerline

of the right-of-way or if no centerline is established, the boundary shall be interpreted to be

midway between the right-of-way lines.

5-6 Boundaries indicated as approximately following the centerlines of streams, drainageways or

other bodies of water shall be construed to follow such centerlines.

5-7 Boundaries indicated as paralleled to or extensions of features indicated in 5-1 through 5-6 above

shall be so construed. Distances not specifically indicated on the Zoning District Map shall be

determined from the graphic scale on the Map.

5-8 Whenever any street, alley or other public way is vacated by official action of the City Council,

or whenever street or alley area is franchised for building purposes, the zoning district line

adjoining each side of such street, alley or other public way shall be automatically extended to

the centerline of such vacated street, alley or way, and all area so involved shall then and

henceforth be subject to all regulations of the extended districts.

5-9 Where physical features of the ground are at variance with information shown on the official

Zoning District Map, or if there arises a question as to how or whether a parcel of property is

zoned and such question cannot be resolved by the application of Subsections 5-1 through 5-8 or

the zoning of property is invalidated by a final judgment of a Court of competent jurisdiction, the

property shall be classified “TR1” Temporary Agricultural District.

5-10 In an area determined to be temporarily classified as a “TR1” Temporary R1 District under the

terms of this section no person shall construct any building or add to or alter any building or

structure or cause the same to be done nor shall any new use be located therein or on the land

other until such territory has been classified as a zoning district other than the “TR1” Temporary

R1 District by zoning change application which shall be initiated by the Planning and Zoning

Commission as soon as practicable.

(Ordinance 110 adopted 8/3/99)

§ 6. “TR1” TEMPORARY R1 ZONING DISTRICT FOR ANNEXED TERRITORY AND

SOME SPECIAL USES.

6-1 There is hereby created a zoning classification known as “TR1” Temporary R1 District.

6-1.1 TEMPORARY ZONING FOR ANNEXED TERRITORYAll territory hereinafter annexed

to the city of Lowry Crossing shall be classified as “TR1” TEMPORARY R1 DISTRICT

unless another zoning classification is established by a zoning change at the time of

annexation and such zoning change is granted by ordinance adopted pursuant [to] the usual

procedure for the grant of a zoning change according to law. Provided, however, a zoning

change application may be filed in conjunction with the annexation request and in such a

case the notice of zoning hearings may be given before adoption of the ordinance annexing

the property but the zoning hearings and the adoption of the zoning change ordinance

should follow the adoption of the ordinance annexing the property but may be done on the

same day.

In an area determined to be temporarily classified as a “TR1” Temporary R1 District under

the terms of this subsection no new use other than the lawful use in existence at the time

of the “TR1” classification shall be permitted until a new permanent zoning classification

is granted by ordinance adopted pursuant [to] the usual procedure for the grant of a zoning

change. Any such use lawful use in existence at the time of the classification, other than

a use that would comply with the regulations of an “R-1” district shall be considered

nonconforming uses or structures.

6-2 TEMPORARY ZONING AFTER TERMINATION OF SOME SPECIAL USESIf at the time of

the grant of a Special Use Permit pursuant to the provisions of Section 18 of this ordinance, the

property is given the “basic” classification of “TR1” Temporary R1 District together with the

grant of the special use, and the permitted special use is thereafter terminated or abandoned as

provided in said section, no person shall construct any building or add to or alter any building or

structure or cause the same to be done nor shall any new use be located therein or on the land

until such territory has been classified as a zoning district other than the “TR1” Temporary R1

District.

Special Note of Explanation: Pursuant to the Special Use Section of this ordinance property

zoned for a special use retains or shall be given a “basic” zoning classification and the special

use permit shall be in addition to the authorized uses under the basic zoning of the property.

The “basic” land use district regulations are applicable for any of the other permitted uses.

The regulations of the “basic” classification shall also apply to the granted “special use” unless

changed at the time of the grant of the special use permit zoning. Therefore, any special

condition or regulation established by the grant of the special use shall control the special use

and supersedes any conflicting basic condition or regulation, however, where the grant of the

special use is silent as to a condition or regulation that is imposed by the basic classification of

the property, the basic condition or regulation shall control. If the “basic” classification given in

connection with a special use permit is the “TR1” district, this temporary zoning classification

remain[s] in place if the special use is terminated.

6-3 TEMPORARY ZONING AFTER OTHER OCCURRENCESAs stated in Subsection 5-9 above

where physical features of the ground are at variance with information shown on the official

Zoning District Map, or if there arises a question as to how or whether a parcel of property is

zoned and such question cannot be resolved by the application of Subsections 5-1 through 5-8 or

the zoning of property is invalidated by a final judgment of a Court of competent jurisdiction,

the property shall be classified “TR1” Temporary R1 District. Pursuant to subsection 5-10 above

no person shall construct any building or add to or alter any building or structure or cause the

same to be done nor shall any new use be located therein or on the land other until such territory

has been classified as a zoning district other than the “TR1” Temporary R1 District by zoning

change application which shall be initiated by the Planning and Zoning Commission as soon as

practicable.

(Ordinance 110 adopted 8/3/99)

§ 7. COMPLIANCE REQUIRED.

7-1 CONFORMANCE WITH THE ZONING REGULATIONS

(1) All land, buildings, structures or appurtenances thereon located within the city which are

hereafter occupied, used, erected, altered, removed, placed, demolished or converted, shall

be occupied, used[,] erected, altered, removed, placed, demolished or converted in

conformance with the zoning regulations prescribed for the zoning district in which such

land or building is located as herein provided.

(2) In addition to the conformance requirement as stated in subsection (1) above (that limits use

by affirmatively citing only those uses that are permitted within a specific zoning district) it

is ordained:

a. That the sale of liquor is prohibited in all of the residential sections of the city.

b. That the sale of beer is prohibited in any residential area of the city.

c. That the sale of wine is prohibited in any residential area of the city, unless the

property obtains Specific Use Permit zoning in accordance with Section 18.

7-2 CONFORMANCE WHEN SITE PLAN REVIEW REQUIREDThe adoptive ordinance granting

any zoning may contain a provision that before the issuance of any building permit for

construction of any new structure for the use granted, or before the issuance of a certificate of

occupancy for the occupancy of any existing structure or tract for the use granted, a the party

seeking the permit or certificate shall make application for a Site Plan Review before the

Planning & Zoning Commission and the City Council.

Site Plan Review Required

(1) The “Site Plan Review” process shall not impose any new condition, but shall be a review

process in an effort to ensure, prior to issuance of building permits or certificates of

occupancy, that city requirements have been or will be met upon completion of the

construction or the occupancy of the tract, including compliance with zoning regulations,

subdivision regulations, building regulations, and the conditions of any Development Plan

or Special Use Permit.

(2) Where ordered, the Site Plan Review Process shall not result in the approval of any new

plan, but a successful review of the applicant’s plan shall be a prerequisite to the issuance

of the building permit or as the case may be, the issuance of a certificate of occupancy. A

Site Plan may where appropriate or shall when ordered, include a drawing for use in the

review process. However, the review may, where appropriate, involve only existing plans

and oral representation of the applicant. The review may involve a single tract or structure,

or an entire subdivision, or phase thereof.

(3) No building permit or as the case may be, certificate of occupancy, shall be issued until the

Planning and Zoning Commission and the City Council have each concluded the site plan

review process with a motion. A motion, to wit: “that the site plan review is concluded”

shall be a prerequisite to the issuance of the building permit or certificate of occupancy, but

shall not be considered an approval to take any action not in compliance with law.

For example, if a site plan is presented that shows among other things a barn located on the

drawing that according to the zoning ordinance is located too close to the adjacent property

line, the successful conclusion of the review process shall not be construed to be an approval

of the incorrect location, and it shall remain the responsibility of the applicant to place the

barn at the proper location even though the incorrect location was not recognized during the

review process.

(4) A public hearing shall not be required and the Planning & Zoning Commission and City

Council may meet in joint session for such review.

(5) Where the review process requires review by the city consulting engineer, as determined by

the city council, the [then] an application fee shall be charged to offset the charge to the city

for such engineering review, otherwise no additional fee shall be charged for such review.

The fee shall be calculated in the same manner as a fee for engineering review of

subdivision plats.

(6) The City Council may on recommendation of the Planning & Zoning Commission or on its

own motion, authorize in writing minor revisions to the plan that do not constitute a zoning

change or subdivision amendment.

(7) A site plan drawing may and should where appropriate indicate building elevations; location

of separate buildings; the minimum distance between buildings; property lines; access

routes; adjacent zoning and structures; streets; alleys; parking plan; landscaping; and

provision for off-street parking.

(Ordinance 295, sec. B, adopted 8/9/16; Ordinance 332 adopted 12/10/19)

§ 8. "A" - AGRICULTURAL DISTRICT.

8-1 General Purpose and Description of the "A" - Agricultural District:This district is intended to

provide a location for land situated on the fringe of an urban area and used for agricultural

purposes which may become an urban area in the future. Generally, Agricultural Districts, will

be near development; therefore, the agricultural activities conducted in the Agricultural District,

should not be detrimental to urban land uses. The types of uses, and the area and intensity of the

uses permitted in this district shall be encourage and protect the agricultural uses until

urbanization in warranted and the appropriate change in district classification is made.

8-2 Use Regulations:A building or premise shall be used only for the following purposes:

(1) Single-family dwellings on building lots of three (3) acres or more.

(2) All general and special agricultural, farming, ranching, stables, livestock, and poultry

raising, dairy and other related uses so long as same do not cause a hazard to health by

reason of unsanitary conditions; and not offensive by reason of odors, dust, fumes, noise, or

vibrations; and are not otherwise detrimental to public welfare; and in no case shall poultry,

fowl or swine be kept nearer than 20 feet from any property line.

(3) Public buildings, including libraries, schools, churches, museums, auditoriums, police and

fire stations, and similar public uses or facilities.

(4) Utility Services provided no public business and no repair or outside storage facilities are

maintained.

(5) Greenhouse, green nursery, and general gardening activities.

(6) Riding academy or other equestrian related activities.

(7) TCEQ/County Permitted sewage treatment plant.

(8) TCEQ/County Permitted water treatment plant.

(9) Home occupation.

(10) Any use permitted as a Special Use Permit Zoning Classification.

8-3 Maximum Height Regulations:35 feet not more than two and one-half (2 1/2) stories.

8-4 Area Regulations:

(1) Minimum size of yards:

a. Front Yard:50 feet.

b. Side Yard:20 feet.

c. Rear Yard:20 feet.

(2) Minimum Size of Lot:

a. Lot Area:Three (3) acres.

b. Lot Width:200 feet.

c. Lot Depth:300 feet.

(3) Minimum Dwelling Size:1,800 square feet exclusive of garages, breezeways, and porches.

(4) Maximum Lot Coverage:30% of the total area of the lot may be covered by the combined

area of the main buildings and accessory buildings such as shop, barn, recreation building,

swimming pool cabana, enclosed space for additional private vehicle parking (detached

garage), carport, boat storage barn, loafing shed or stable.

(5) Driveways:Any and all-weather surface shall be permitted.

8-5 Parking Regulations:Two (2) enclosed spaces behind the front yard line. Storage for off-street

parking for camper, travel trailer, recreational vehicle, utility trailer, farm equipment, boat and

boat trailer must be behind the front yard setback.

8-6 [Reserved.]

8-7 Secondary Driveways:Secondary Driveways may be constructed any of any and all-weather

surfaces and shall be maintained and contained.

(Ordinance 110 adopted 8/3/99; Ordinance 116, sec. 4, adopted 7/11/00; Ordinance 154, sec. 3,

adopted 2/12/02; Ordinance 378 adopted 10/8/2024)

§ 9. "RE" SINGLE-FAMILY RESIDENTIAL ESTATE DISTRICT.

9-1 General Purpose and Description of the Single-Family Residential Estate District:The principal

use of land in this district is for single-family dwellings of at least 1,800 square feet in size on

the lots of at least two acre and related recreational, religious and education facilities normally

required to provide the basic elements of a balanced, orderly, convenient, and attractive

residential area.

9-2 Use Regulations:A building, dwelling, structure, or premise shall be used only for the following

purposes:

(1) "Single-Family Dwelling" with an Attached Garage. An "Attached Garage" being a private

garage for at least two vehicles that is a physical part of the dwelling or one having a

substantial physical connection with or under the roof line of the Single-family Dwelling.

(2) Additional "Detached Garage" only as an accessory use meeting the requirements of an

accessory building.

(3) Parks, playgrounds, community buildings, museums, and other public recreational facilities,

owned and/or operated by the municipality or other public agency; and privately owner and

maintained playgrounds and like recreation areas.

(4) Public buildings, included libraries, museums, police and fire stations, and similar public

uses or facilities.

(5) Real estate sales offices during the developments of residential subdivisions, but not to

exceed two years.

(6) Temporary buildings for uses incidental to constructions work on the premises, which said

buildings shall be removed upon the completion or abandonments of constructions work.

(7) Churches and Public Schools (kindergarten through high school), shall be considered a

permitted use in all districts, however, a special use permit must be applied for and approved

pursuant to the Special Use Sections in order to provide conditions to protect health, provide

safety and regulate traffic as related to these uses.

(8) Such other uses as may be permitted with the granting of a Special Use Permit.

(9) The following accessory uses if such uses are conducted in connection with the primary use

of "Single-Family Dwelling":

a. A "customary home occupation" that does not include visits but [by] customers or the

general public.

b. Servant quarters for persons in the employ of the family occupying the principal

structure and their main income is derived from the working on the property.

c. Private swimming pool.

d. Upon compliance with all other ordinances and laws, horses are acceptable, but must

meet the requirements in the Animal Ordinance, on which the primary residence is

located. In connection therewith, private "stable or loafing shed" uses may be

conducted in a Minor Accessory building located in the rear yard that meet the

requirements of a Minor Accessory Building under this section. No livestock other

than horses.

e. Greenhouse.

f. Parking Regulations: Two (2) enclosed spaced behind the front yard line. Off-street

parking shall be permitted on the driveway, side, and rear yard but not otherwise in the

front yard, unless a hard surface parking area has been constructed of rock, crushed

rock, bricks, pavers, asphalt, or concrete.

(i) Storage type off-street parking for camper, travel trailer, recreational vehicle,

utility trailer, farm equipment, boat and boat trailer must be behind the front yard

setback.

g. Mother-in-Law House for the immediate family, only to be mother, father, siblings,

children, grandparents, with size limitations of a minimum of 380 square feet and a

maximum of 600 square feet (limit of one (1)).

(10) All "A" Agricultural District land uses are permitted.

9-3 Minimum Size of Lot:

(1) Lot Area:Two Acres (87,120 square feet).

(2) Lot Width:150 Feet.

(3) Lot Depth:250 Feet.

9-4 Principal Building (Dwelling or Structure):

(1) Minimum Building Size:1,800 square feet.

a. Exclusive garages, breezeways, and porches.

(2) Maximum Height:35 feet or not more than two and one-half (2 1/2) stories.

(3) Maximum Lot Coverage:Principal Building not to exceed 30% of total lot area.

(4) Front Yard:Minimum depth from edge of road easement to front of principal building —

50 feet.

(5) Side Yard:Setback of at least 20 feet from the property line or road easement, whichever is

the closest.

(6) Rear Yard:Setback of at least 20 feet from property line.

9-5 Accessory Buildings (Detached):

(1) Accessory Building:

a. Type:Shop, barn, recreation building, swimming pool cabana, enclosed space for

additional private vehicle parking (detached garage), carport, boat storage barn,

loafing shed or stable.

b. Maximum Size:The total square footage of all buildings, including the primary

residence, shall not exceed thirty percent (30%) of the total square footage of the

property. In determining the square footage, a building's "footprint" is used rather

than the square footpad of the living space, for example, of a house. Easements,

setbacks and other zoning or other constraints shall also be considered and may affect

the net usable land available. Any major accessory building in excess of 10,000

square feet shall require a grant of an exception from the Board of Adjustments.

c. Maximum Height:Sidewalls shall not exceed 14 feet.

d. Location:Located behind the front build line.

e. Side Yard:Setback of at least 20 feet from the property line or road easement,

whichever is closest.

f. Rear Yard:Setback of at least 20 feet from the property line.

g. Exterior Construction:The architecture and construction of the buildings should

complement that of the residential building, including prefabricated buildings, with

baked-on type finish or painted and trimmed to complement the residential building

are permitted, however, the use of the old type wavy corrugated metal panels will not

meet the requirements of construction that complements any residential

constructions.

(2) Exceptions:The board of Adjustments may grant an Exception to the maximum size,

maximum number, or other regulation in regard to permitted accessory buildings where the

grant of the exception will not be contrary to the public interest and the spirit of this

ordinance will be observed.

9-6 Driveways For Large Tracts:Only one main building for single-family use, with permitted

accessory buildings, may be located on a lot regardless of size. To allow fire and emergency

vehicles to reach the main building each such main building shall have its own private concrete

driveway 12 feet in width to reach a dedicated public road, and where the driveway is longer

than 100 feet in length from the main building to the public street, such driveway shall have an

adequate turn-around area at the main building to allow fire and emergency vehicles ingress and

egress without having to back out of the driveway. The term “private driveway” as used herein

shall mean a driveway owned in fee by the owner of the tract or located on an easement that is

exclusive to the owner of the tract.

Exception: The Board of Adjustment may grant as an Exception to the use of concrete for such

driveway and permit use of another all-weather surface where the grant of the exception will not

be contrary to the public interest and the spirit of this ordinance will be observed.

9-7 Driveways For Unplatted Tracts:Only one main building for single-family use, with permitted

accessory buildings, may be located on any unplatted tract. To allow fire and emergency

vehicles to reach the main building each such main building shall have its own private concrete

driveway 12 feet in width to reach a dedicated public road, and where the driveway is longer

than 100 feet in length from the main building to the public street, such driveway shall have an

adequate turn-around area at the main building to allow fire and emergency vehicles ingress and

egress without having to back out of the driveway. The term “private driveway” as used herein

shall mean a driveway owned in fee by the owner of the tract or located on an easement that is

exclusive to the owner of the tract.

Exception: The Board of Adjustment may grant as an Exception to the use of concrete for such

driveway and permit use of another all-weather surface where the grant of the exception will not

be contrary to the public interest and the spirit of this ordinance will be observed.

9-8 Primary and Secondary Driveways:Secondary driveways may be constructed of any and all-

weather surface and shall be maintained and contained.

(Ordinance 110 adopted 8/3/99; Ordinance 116, sec. 1, adopted 7/11/00; Ordinance 154, sec. 1,

adopted 2/12/02; Ordinance 154, sec. 4, adopted 2/12/02; Ordinance 308, sec. 1, adopted 7/10/18;

Ordinance 378 adopted 10/8/2024)

§ 10. "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT.

10-1 General Purpose and Description of the "R-1" Single-Family Residential District:The principal

use of the land in this district is for single-family dwellings of at least 1,600 square feet in size

and lots of at least 1 acre and related recreational, religious, and educational facilities normally

required to provide basic elements of a balanced, orderly, convenient, and attractive residential

area.

10-2 Use Regulation:A building, dwelling, structure, or premise shall be used only for the following

purposes:

(1) "Single-Family Dwelling" with an Attached Garage:

a. An "Attached Garage" being a private garage for at least two vehicles that is a physical

part of the dwelling or one having a substantial physical connection with or under the

roof line of the Single-family Dwelling.

b. Additional "Detached Garage" only as an accessory use meeting the requirements of a

major accessory building.

c. Parks, playgrounds, community buildings, museums, and other public recreational

facilities, owned and/or operated by the municipality or other public agency; and

privately owner and maintained playgrounds and like recreation areas.

(2) Public buildings, included libraries, museums, police and fire stations, and similar public

uses or facilities.

(3) Real estate sales offices during the developments of residential subdivisions, but not to

exceed two years.

(4) Temporary buildings for uses incidental to constructions work on the premises, which said

buildings shall be removed upon the completion or abandonments of constructions work.

(5) Churches and Public Schools (kindergarten through high school), shall be considered a

permitted use in all districts, however, a special use permit must be applied for and approved

pursuant to the Special Use Sections in order to provide conditions to protect health, provide

safety and regulate traffic as related to these uses.

(6) Such other uses as may be permitted with the granting of a Special Use Permit.

(7) The following accessory uses if such uses are conducted in connection with the primary use

of "Single-Family Dwelling":

a. A "customary home occupation" that does not include visits but [by] customers or the

general public.

b. Servant quarters for persons in the employ of the family occupying the principal

structure and their main income is derived from the working on the property.

c. Private swimming pool.

d. Upon compliance with all other ordinances and laws, horses are acceptable, but must

meet the requirements in the Animal Ordinance, on which the primary residence is

located. In connection therewith, private "stable or loafing shed" uses may be

conducted in an Accessory building located behind the front yard that meet the

requirements of an Accessory Building under this section.

e. Greenhouse.

f. Parking Regulations: Two (2) enclosed spaces behind the front yard line. Off-street

parking, shall be permitted on the driveway but not otherwise in the front or side yard,

unless a hard surface parking area has been constructed of rock, crushed rock, bricks,

pavers, asphalt, or concrete.

g. Primary & Secondary Driveways: Secondary Driveways may be constructed any of

concrete and shall be maintained and contained.

h. Mother-in-Law House for the immediate family, only to be mother, father, siblings,

children, grandparents, with size limitations of a minimum of 380 square feet and a

maximum of 600 square feet (limit of one (1)).

(8) All "A" Agricultural District land uses are permitted.

10-3 Minimum Size of Lot:

Lot Area: One Acres (43,560 square feet).

Lot Width: 150 Feet.

Lot Depth: 250 Feet.

10-4 Principal Building (Dwelling or Structure):

(1) Minimum Building Size:1,600 square feet.

a. Exclusive garages, breezeways, and porches.

(2) Maximum Height:35 feet or not more than two and one-half (2 1/2) stories.

(3) Maximum Lot Coverage:Principal Building not to exceed 30% of total lot area.

(4) Front Yard:Minimum depth from edge of road easement to front of principal building —

50 feet.

(5) Side Yard:Setback of at least 20 feet from the property line or road easement, whichever is

the closest.

(6) Rear Yard:Setback of at least 20 feet from property line.

10-5 Accessory Buildings (Detached):

(1) Type:Shop, barn, recreation building, swimming pool cabana, enclosed space for

additional private vehicle parking (detached garage), carport, boat storage barn, or stable.

(2) Maximum Size:The total square footage of all buildings, including the primary residence,

shall not exceed thirty percent (30%) of the total square footage of the property. In

determining the square footage, a building's "footprint" is used rather than the square

footpad of the living space, for example, of a house. Easements, setbacks and other zoning

or other constraints shall also be considered and may affect the net usable land available.

Any major accessory building in excess of 10,000 square feet shall require a grant of an

exception from the Board of Adjustments.

(3) Maximum Number:Two (2).

(4) Maximum Height:Sidewalls shall not exceed 14 feet.

(5) Location:Located behind the front build line.

(6) Side Yard:Setback of at least 20 feet from the property line or road easement, whichever is

closest.

(7) Rear Yard:Setback of at least 20 feet from the property line.

(8) Exterior Construction:The architecture and construction of the buildings should

complement that of the residential building, including prefabricated buildings, with baked-

on type finish or painted and trimmed to complement the residential building are

permitted, however, the use of the old type wavy corrugated metal panels will not meet the

requirements of construction that complements any residential constructions.

(9) Exceptions:The board of Adjustments may grant an Exception to the maximum size,

maximum number, or other regulation in regard to permitted accessory buildings where the

grant of the exception will not be contrary to the public interest and the spirit of this

ordinance will be observed.

10-6 Driveways For Large Tracts:Only one main building for single-family use, with permitted

accessory buildings, may be located on a lot regardless of size. To allow fire and emergency

vehicles to reach the main building each such main building shall have its own private concrete

driveway 12 feet in width to reach a dedicated public road, and where the driveway is longer

than 100 feet in length from the main building to the public street, such driveway shall have an

adequate turn-around area at the main building to allow fire and emergency vehicles ingress and

egress without having to back out of the driveway. The term “private driveway” as used herein

shall mean a driveway owned in fee by the owner of the tract or located on an easement that is

exclusive to the owner of the tract.

Exception: The Board of Adjustment may grant as an Exception to the use of concrete for such

driveway and permit use of another all-weather surface where the grant of the exception will not

be contrary to the public interest and the spirit of this ordinance will be observed.

10-7 Driveways For Unplatted Tracts:Only one main building for single-family use, with permitted

accessory buildings, may be located on any unplatted tract. To allow fire and emergency

vehicles to reach the main building each such main building shall have its own private concrete

driveway 12 feet in width to reach a dedicated public road, and where the driveway is longer

than 100 feet in length from the main building to the public street, such driveway shall have an

adequate turn-around area at the main building to allow fire and emergency vehicles ingress and

egress without having to back out of the driveway. The term “private driveway” as used herein

shall mean a driveway owned in fee by the owner of the tract or located on an easement that is

exclusive to the owner of the tract.

Exception: The Board of Adjustment may grant as an Exception to the use of concrete for such

driveway and permit use of another all-weather surface where the grant of the exception will not

be contrary to the public interest and the spirit of this ordinance will be observed.

10-8 Secondary Driveways:Secondary driveways may be constructed of traffic grade material other

than concrete, and shall be maintained and contained. The first 18 feet of such drive, however,

must be constructed of a weather-impervious surface material should it connect with a public

roadway.

(Ordinance 110 adopted 8/3/99; Ordinance 116, sec. 2, adopted 7/11/00; Ordinance 154, sec. 5,

adopted 2/12/02; Ordinance 201, sec. 2, adopted 4/3/07; Ordinance 308, sec. 1, adopted 7/10/18;

Ordinance 378 adopted 10/8/2024)

§ 10A. "R-4" SINGLE-FAMILY RESIDENTIAL DISTRICT.

After October 8, 2024, no one shall be able to apply for zoning or rezoning under Section 10A, "R-4"

– Single-Family Residential District. Properties zoned as R-4 on October 8, 2024 may continue as R-4

and shall remain governed by Section 10A, unless they are rezoned in the future.

10A-1 General Purpose and Description of the R-4 Single Family Residential District:The principal

use of land in this district is for single-family dwellings of at least 1600 square feet in size on

lots of at least one quarter acre and related recreational, religious, and educational facilities

normally required to provide the basic elements of a balanced, orderly, convenient, and

attractive residential area.

10A-2 USE REGULATIONS:A building, dwelling, structure or premise shall be used only for the

following purposes:

(1) Single-family dwelling with an attached garage.

An attached garage being a private garage for at least two vehicles that is a physical part of

the dwelling or one having a substantial physical connection with or under the roof line of

the single-family dwelling.

(2) Parks, play grounds, community buildings, museums, and other public recreational

facilities, owned and/or operated by a municipality or other public agency; and privately

owned and maintained play grounds and like recreation areas.

(3) Public buildings, including libraries, museums, police and fire stations, and similar public

uses or facilities.

(4) Real estate sales offices during the development of residential subdivisions, but not to

exceed two years.

(5) Temporary buildings for uses incidental to construction work on the premises, which said

buildings shall be removed upon the completion or abandonment of construction work.

(6) Churches and Public schools (kindergarten through high school), shall be considered a

permitted uses in all districts, however, a special use permit must be applied for and

approved pursuant to the Special Use Section on order to provide conditions to protect

health, provide safety and regulate traffic as related to these uses.

(7) Such other uses may be permitted with the granting of a Special Use Permit.

(8) The following Accessory Uses if such uses are conducted in connection with the primary

use of a Single-Family Dwelling:

a. A “customary home occupation” that does not include visits by customers or the

general public.

b. Private Swimming Pool.

c. “Greenhouse” for noncommercial usage conducted in a Minor Accessory Building

meeting the requirements under this section.

d. Parking Regulations: Two (2) enclosed spaces behind the front yard line. Off-street

parking shall be permitted on the driveway, but not otherwise in the front or side yard.

Storage type off-street parking for one camper, travel trailer, or recreational vehicle,

and/or one pleasure boat and boat trailer may be provided only in the rear yard. The

driveway from the street to the garage and any off-street parking area must be

concrete.

10A-3 MINIMUM SIZE OF LOT:Lot Area: 1/4 acre

Lot Width: 50 feet

Lot Depth: 100 feet

10A-4 PRINCIPAL BUILDING (Dwelling or Structure):Minimum Building Size: 1600 SF

Maximum Building Height: 35 feet, not to exceed 2-1/2 stories

Maximum Lot Coverage: 30%

Exterior Construction: At least eighty percent (80%) of the exterior walls of the first floor of

all structures, including all frame work surrounding all doors and windows, shall be of masonry

construction exclusive of doors, windows, the area above the top plate line, gables and roofs.

The 80% masonry requirement shall also apply to all additions or modifications to the principal

building and to all attached garages, and attached accessory buildings. See definition of Masonry

in Section 30.

Front Yard: Minimum depth from edge of road easement to front of Principal Building - 25 feet.

Side Yard: Setback of at least 10 feet from the property line or road easement, whichever is the

closest.

Rear Yard: Setback of at least 20 feet from the property line.

Exception: The Board of Adjustments may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

10A-5 ACCESSORY BUILDINGSMaximum Size and number: 144 SF or less, limit one (1).

(Ordinance 308, sec. 2, adopted 7/10/18; Ordinance 378 adopted 10/8/2024)

§ 11. “2F” TWO-FAMILY RESIDENTIAL DISTRICT.

11-1 General Purpose and Description of the “2F” - Two-Family Residential District:This 2F district

is intended to provide the opportunity to have developed [development] which is two-family

(duplex) in character, but which encourages individual ownership of all dwelling units. This is

permitted by dividing the typical duplex lot from front to back, thus encouraging the sale of

each dwelling unit and the land upon which it sits, to the occupant. Principal use of land in this

district is for single-family dwellings of at least 1600 square feet in size on lots of at least 1 acre

and related recreational, religious and educational facilities normally required to provide the

basic elements of a balanced, orderly, convenient, and attractive residential area.

11-2 USE REGULATIONS:A building, dwelling, structure or premise shall be used only for the

following purposes:

(1) Two-Family residence (duplex) with an Attached Garage.

An “Attached Garage” being a private garage for at least two vehicles for each unit that is a

physical part of the dwelling or one having a substantial physical connection with or under

the roof line of the of the [sic] Single-family Dwelling.

(2) Additional “Detached Garage” for each unit only as an accessory use meeting the

requirements of a major accessory building.

(3) Parks, playgrounds, community buildings, museums and other public recreational facilities,

owned and/or operated by the municipality or other public agency; and privately owned and

maintained playgrounds and like recreation areas.

(4) Public buildings, including libraries, museums, police and fire stations, and similar public

uses or facilities.

(5) Real estate sales offices during the development of residential subdivisions, but not to

exceed two years.

(6) Temporary buildings for uses incidental to construction work on the premises, which said

buildings shall be removed upon the completion or abandonment of construction work

(7) Churches and Public schools (kindergarten through high school), shall be considered a

permitted uses in all districts, however, a special use permit must be applied for and

approved pursuant to the Special Use Section in order to provide conditions to protect

health, provide safety and regulate traffic as related to these uses.

(8) Such other uses as may be permitted with the granting of a Special Use Permit.

(9) The following Accessory Uses if such uses are conducted in connection with the primary

use of a “Duplex Dwelling”:

a. A “customary home occupation” that does not include visits by customers or the

general public.

b. Servant quarters for persons in the employ of the family occupying the principal

structure and their main income is derived from working on the property.

c. Private swimming pool.

d. “greenhouse” for noncommercial usage conducted in a Minor Accessory Building

meeting the requirements of a Minor Accessory Building under this section

e. through f. [Reserved]

g. Off-Street Parking Regulations:Off-street parking shall be permitted on the driveway

but not otherwise in the front or side yard. Storage type off-street parking for one

camper, travel trailer, or recreational vehicle, and/or one pleasure boat and boat

trailer may be provided in the rear yard. The driveway from the street to the garage

and any off-street parking area, must be concrete.

11-3 MINIMUM SIZE OF LOT:Lot Area: Two (2) acres.

Lot Width: 150 feet.

Lot Depth: 250 feet.

11-4 PRINCIPAL BUILDING (Dwelling or Structure):Minimum Building Size: 1600 square feet,

exclusive of garages, breezeways and porches.

Maximum Height: 35 feet or not more than two and one-half (2-1/2) stories.

Maximum Lot Coverage: Principal Building Not to exceed 20% of total lot area.

Exterior Construction: At least (80%) percent of the exterior walls of the first floor of all

structures, including all frame work surrounding all doors and windows, shall be of masonry

construction exclusive of doors, windows, the area above the top plate line, gables and roofs.

The 80% masonry requirement shall also apply to all additions or modifications to the principal

building and to all attached garages and attached accessory buildings. See definition of Masonry

in Section 30.

Front Yard: Minimum depth from edge of road easement to front of Principal Building - 50 feet.

Side Yard: Setback of at least 20 feet from the property line or road easement, whichever is the

closest.

Rear Yard: Setback of at least 20 feet from the property line.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

11-5 ACCESSORY BUILDINGS (Detached):

(1) MINOR Accessory Building:

Type: Storage type for tools, lawn care equipment, water well house, etc., and stable or

loafing shed type for animals.

Maximum Size:

Storage type: 300 square feet.

Maximum Number:

Storage type: one.

Maximum Height: One story.

Location: Located behind the rear line of the residential building.

Side Yard:

Storage type: Setback of at least 20 feet from the property line or road easement,

whichever is the closest.

Rear Yard:

Storage type: Setback of at least 20 feet from the property line.

Exterior Construction: The building’s construction materials must complement that of the

residential building.

(2) MAJOR Accessory Building:Type: Shop or recreation building, swimming pool cabana,

enclosed space for additional private vehicle parking (detached garage) or carport or boat

storage.

Maximum Size: The total square footage of all buildings shall not exceed ten percent (10%)

of the total square footage of the property. In determining the square footage, a building’s

“Footprint” is used (rather than the square footage of living space, for example, of a house).

Easements, setbacks, and other zoning or other constraints shall also be considered and may

affect the net usable land available. Any Major Accessory building in excess of 10,000

square feet shall require a grant of an Exception from the Board of Adjustment.

Maximum Number: One (1) each unit.

Maximum Height: Sidewalls shall not exceed 14 feet.

Location: Located behind the rear line of residential building.

Side Yard: Setback of at least 20 feet from the property line or road easement, whichever is

the closest.

Rear Yard: Setback of at least 20 feet from the property line.

Type of Exterior Construction: The architecture and construction of the buildings must

complement that of the residential building. Metal building, including prefabricated

buildings, with baked-on type finish or painted and trimmed to complement the residential

building are permitted, however, the use of the old type wavy corrugated metal panels will

not meet the requirement of construction that complements any residential construction.

(3) EXCEPTION:The Board of Adjustment may grant an Exception to the maximum size,

maximum number, type of construction or other regulation in regard to permitted

accessory buildings where the grant of the exception will not be contrary to the public

interest and the spirit of this ordinance will be observed.

11-6 Driveways For Large Tracts:Only one main building for single-family use, with permitted

accessory buildings, may be located on a lot regardless of size. To allow fire and emergency

vehicles to reach the main building each such main building shall have its own private concrete

driveway 12 feet in width to reach a dedicated public road, and where the driveway is longer

than 100 feet in length from the main building to the public street, such driveway shall have an

adequate turn-around area at the main building to allow fire and emergency vehicles ingress and

egress without having to back out of the driveway. The term “private driveway” as used herein

shall mean a driveway owned in fee by the owner of the tract or located on an easement that is

exclusive to the owner of the tract.

Exception: The Board of Adjustment may grant as an Exception to the use of concrete for such

driveway and permit use of another all-weather surface where the grant of the exception will not

be contrary to the public interest and the spirit of this ordinance will be observed.

11-7 Driveways For Unplatted Tracts:Only one main building for single-family use, with permitted

accessory buildings, may be located on any unplatted tract. To allow fire and emergency

vehicles to reach the main building each such main building shall have its own private concrete

driveway 12 feet in width to reach a dedicated public road, and where the driveway is longer

than 100 feet in length from the main building to the public street, such driveway shall have an

adequate turn-around area at the main building to allow fire and emergency vehicles ingress and

egress without having to back out of the driveway. The term “private driveway” as used herein

shall mean a driveway owned in fee by the owner of the tract or located on an easement that is

exclusive to the owner of the tract.

Exception: The Board of Adjustment may grant as an Exception to the use of concrete for such

driveway and permit use of another all-weather surface where the grant of the exception will not

be contrary to the public interest and the spirit of this ordinance will be observed.

11-8 Secondary Driveways:Secondary driveways may be constructed of traffic grade material other

than concrete, and shall be maintained and contained. The first 18 feet of such drive, however,

must be constructed of a weather-impervious surface material should it connect with a public

roadway.

(Ordinance 110 adopted 8/3/99; Ordinance 116, sec. 3, adopted 7/11/00; Ordinance 154, sec. 6,

adopted 2/12/02; Ordinance 308, sec. 1, adopted 7/10/18)

§ 12. “O” OFFICE DISTRICT.

12-1 General Purpose and Description:The “O” Office District is intended for This district is intended

for [sic] a Professional or Administrative Office or Offices serving near residential development

with professional or administrative services. No chattels or goods may be offered for sale on the

premises and site development regulations and standards are required to ensure that uses will be

compatible and complementary in scale and appearance with a residential environment.

Professional and Administrative Offices to include, but not be limited to, the offices of doctors,

dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar

offices.

12-2 Permitted Uses:A building or premise shall be used only for the following purposes:

(1) A Professional or Administrative Office or Offices serving near residential development,

including but not be limited to offices of doctors, dentists, attorneys,

(2) No chattels or goods may be offered for sale on the premises.

(3) Site development regulations and standards are required to ensure that uses will be

compatible and complementary in scale and appearance with a residential environment.

(4) Such other uses as may be permitted with the granting of a Special Use Permit.

(5) Temporary buildings for use incidental to construction work on the premises, which said

building shall be removed.

12-3 Height Regulations:Not more than (35) feet and (2-1/2) stories.

12-4 Area Regulations:Compatible with R-1 Residential environment with additional area for

customer parking.

12-5 Minimum Size of Yards:Compatible with R-1 Residential environment with additional area for

customer parking.

12-6 Minimum Size of Lot:Compatible with R-1 Residential environment with additional area for

customer parking.

12-7 Parking:Parking spaces necessary to serve the office facility but compatible with R-1

Residential environment.

12-8 Type of Exterior Construction:At least eighty (80%) percent of the exterior walls of the first

floor of all structures shall be of masonry construction exclusive of doors, windows, and the

area above the top plate line. Each story above the first floor of a straight wall structure shall be

at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top

plate line. See definition of Masonry in Section 30.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

12-9 Screening.In this district, if a building or parking structure is erected on a building site and a

portion of the side or rear yard abuts or is across an adjoining alley from an “A” Agricultural,

“RE” Single-Family Residential Estate, “R-1” Single-Family Residential, or a “2F” Two-Family

Residential district, any portion of the building site directly across from that district must be

screened from that district.

(Ordinance 110 adopted 8/3/99; Ordinance 179, sec. 1, adopted 1/6/04)

§ 13. “RET” RETAIL DISTRICT.

General purpose and description: The “RET” Retail District is intended for neighborhood shopping

facilities which provide retail sales and limited business service predominately for the convenience of

residents of the community.

13-1 Use Regulations:A building or premise shall be used only for the following purposes:

(1) General:Uses that provide Personal Services or General Retail Sales to customers or clients

including the uses listed below and any use that would be permitted in the “O” Office

district.

(2) Specific Uses

Antique Shop

Auto, Car Rental Office Only

Drugstores & Pharmacies

Dry Cleaning and Laundry

Film Developing & Printing

Florist without Outside Storage

Furniture Store

Garden Equipment Sales, retail

Grocery Store, Convenience Type with limited parking

Jeweler, retail

Meat Market, retail

Pet Store, retail

Photography, retail

Print Shop, retail

Television Service & Repair

(3) If the specific use sought is not listed above the Planning & Zoning Commission may make

a finding that the specific use not listed is so like a use that is listed, that it may be included

in the list under the general listing above without further public hearings or ordinance

amendment. Provided, however if the specific use sought is listed in the Special Use Section

of this Ordinance, a special use permit zoning classification must be obtained pursuant to

the provisions of that section and subject to the conditions set out below unless specifically

modified in the ordinance granting the special use classification.

(4) Such other uses as may be permitted with the granting of a Special Use Permit.

13-2 General Conditions:

(1) Business use must be conducted wholly within an enclosed building.

(2) Required yards may not be used for display, sale or storage of merchandise, or for the

storage of vehicles, equipment, or containers for waste material.

(3) All merchandise must be first-hand and be sold at retail on the premises. This provision

notwithstanding the merchandise within an antique shop need not be first-hand.

(4) That such use not be objectionable because of odor, excessive light, smoke, dust, noise,

vibration or similar nuisance.

13-3 [Reserved]

13-4 Maximum Height Regulations:Thirty-five (35) feet nor more than two and one-half (2-1/2)

stories high.

13-5 Area Regulations:

(1) Minimum Size of Yards:

a. Front Yard:Thirty (30) feet, with no front yard parking. If front yard parking is

utilized, then sixty (60) feet front yard shall be observed.

b. Side Yard:(adjacent to a street or property line); thirty (30) feet.

c. Rear Yard:Ten (10) feet unless adjacent to a residential zoning district in which case

twenty (20) feet minimum be observed.

(2) Minimum Size of Lot:

a. Lot Area:None.

b. Lot Width:None.

c. Lot Depth:None.

(3) Lot coverage:In no case shall more than forty (40%) percent of the lot area be covered by

buildings.

13-6 Parking Regulations:One (1) space per two hundred (200) square feet of gross floor area. In

addition, no parking area shall be allowed within ten (10) feet of the front property line or within

five (5) feet of the rear property line.

13-7 Type of Exterior Construction:Exterior wall construction in districts permitting nonresidential

uses shall be of such material that is required to conform with the City of Lowry Crossing

Building Code for the particular nonresidential use or occupancy or as approved by City

Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and

windows. Glass may be counted in place of masonry.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

13-8 Screening.In this district, if a building or parking structure is erected on a building site and a

portion of the side or rear yard abuts or is across an adjoining alley from an “A” Agricultural,

“RE” Single-Family Residential Estate, “R-1” Single-Family Residential, or a “2F” Two-Family

Residential district, any portion of the building site directly across from that district must be

screened from that district.

(Ordinance 110 adopted 8/3/99; Ordinance 179, sec. 2, adopted 1/6/04)

§ 14. “HC” HIGHWAY COMMERCIAL DISTRICT.

14-1 General purpose and description:The “HC” Highway Commercial District is intended primarily

as a high intensity area permitting a mixed use for office, retail, commercial, and highway

oriented uses, such as hotels, restaurants, and low-and mid-rise offices, and should be located

generally along high-volume thoroughfares. The site characteristics for each area should be

designed in a manner to create an attractive appearance and an impressive gateway into the

Community. Because these areas are designated as major thoroughfare entry points, emphasis

has been placed on building arrangement, setbacks, parking, and landscape treatment, which are

intended to be elements influencing the character of entrance into the City. It is the intention of

the “Highway Commercial” zoning district to create an attractive and unique entrance into the

City.

14-2 USE REGULATIONS:A building or premise shall be used only for the following purposes:

(1) Mixed use for office, retail, commercial, and highway oriented uses, such as hotels,

restaurants, and low-and mid-rise offices, individually or grouped together under one

Special Use Permit or Planned Development located generally along high-volume

thoroughfares. The site characteristics for each area should be designed in a manner to

create an attractive appearance and an impressive gateway into the community. Because

these areas are designated as major thoroughfare entry points, emphasis should be placed on

building arrangement, setbacks, parking and landscape treatment, which are intended to be

elements influencing the character of entrance into the City. No use is permitted in the “HC”

Highway Commercial District unless, as set forth above, the same is authorized pursuant to

a Special Use Permit (as set forth in Section 18, “SUP” Special Use Permit District) or

Planned Development (as set forth in Section 19, “PD” Planned Development District).

(2) Site Plan Review shall be required prior to issuance of building permits, or as the case may

be the issuance of certificates of occupancy. See Section 7 above.

(3) Temporary amusement activity (approved by the City Council).

(4) Store for the legal sale of alcoholic beverages for off-premises consumption, but only with

a special use permit zoning district classification granted pursuant to Section 18-4.

Each ordinance granting a Special Use Permit Zoning Classification pursuant to this

subsection shall be subject to the conditions of any general ordinance of the city, enacted

pursuant to state law, or amendment thereto, regulating the sale of beer and prescribing

the hours when it may be sold, even though such condition is not specifically stated in the

ordinance granting the Special Use Permit.

Other special conditions necessary to protect health and safety, that would be applicable to

any business activity at that location such as but not limited to parking facilities, the location

of drives from the highway to property, and outside lighting, may be addressed and made

conditions of the Special Use Permit. Provided, however, such conditions may not impose

stricter standards on a premises or business required to have a license or permit under the

Texas Alcoholic Beverage Code than would be imposed on similar premises or businesses

that are not required to have such a license or permit.

14-3 NON-PERMITTED USES:For clarity, the following uses, though not limited to the following,

are specifically not permitted uses within the “HC” district even with a Special Use Permit.

(1) Airport.

(2) Crop production.

(3) Kennels.

(4) Any use requiring outside storage.

(5) Pawnshops.

(6) Seed store.

(7) Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries

unless incidental to a service station.

(8) Self-storage or mini-warehouses.

14-4 AREA AND HEIGHT REGULATIONS:

(1) Minimum Size of Yards:

a. Front Yard:As established by the adoptive Special Use Permit or Planned

Development.

b. Side Yard:As established by the adoptive Special Use Permit or Planned

Development.

c. Rear Yard:As established by the adoptive Special Use Permit or Planned

Development.

(2) Minimum Size of Lot:

a. Lot Area:As established by the adoptive Special Use Permit or Planned

Development.

b. Lot Width:As established by the adoptive Special Use Permit or Planned

Development.

c. Lot Depth:As established by the adoptive Special Use Permit or Planned

Development.

(3) Lot Coverage:As established by the adoptive Special Use Permit or Planned Development.

(4) Height Restrictions:Maximum height of twenty (20) stories, but limited to seventy (70)

feet on any portion of the site within three hundred (300) feet of property zoned or used for

RE, R-1, or 2F. In addition, no structure may exceed the maximum height limitations

established by any Airport Authority.

14-5 Parking Requirements:Required off-street parking and on-site parking shall be established by

the adoptive Special Use Permit or Planned Development.

14-6 Type of Exterior Construction:All structures shall be eighty percent (80%) masonry exterior

exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted

by Special Use Permit only.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

14-7 Landscaping Requirements:As established by the adoptive Special Use Permit or Planned

Development.

14-8 Screening.In this district, if a building or parking structure is erected on a building site and a

portion of the side or rear yard abuts or is across an adjoining alley from an “A” Agricultural,

“RE” Single-Family Residential Estate, “R-1” Single-Family Residential, or a “2F” Two-Family

Residential district, any portion of the building site directly across from that district must be

screened from that district.

(Ordinance 110 adopted 8/3/99; Ordinance 129, sec. 2, adopted 4/24/01; Ordinance 179, sec. 3,

adopted 1/6/04; Ordinance 235, sec. 2(A), adopted 9/27/11)

§ 15. “C” COMMERCIAL DISTRICT REGULATIONS.

15-1 General Purpose and Description:The “C” Commercial district is intended predominately for

commercial activities of service nature which typically have limited outside or open storage and

traffic service requirements generally incompatible with office, retail shopping, and residential

environments.

15-2 Use Regulations:

(1) Any use permitted in the “O” Office and “RET” Retail District.

(2) Permitted Uses:

Auto Parts, New Inside Retail Sales

Auto Repair, No Outside Storage of Parts or Vehicles

Auto, Oil Change & Lube Service

Automobile Sales

Barbershop

Beauty Shop

Bottling Works

Building Materials Sales, inside storage

Bus Terminal

Carpentry Shop, no outside storage

Day Nursery

Exhibit Hall

Florist with Outside Storage

Gasoline Service Station, with no major vehicle repair or storage

Greenhouse & Nursery, Commercial

Grocery Store, with large parking lot

Hardware Store, with inside storage

Heating & Air Conditioner Shop, no outside storage

Janitor Service

Laboratory Testing Facility, indoor

Medical Clinic

Movie Theater, indoor

Newspaper Printing

Parking Garage, Commercial

Parking Lot, Commercial

Pawnshop Licensed by State

Plumbing Shop, no outside storage

Restaurant, other than drive-in

Seed Store

Telegraph Office

Telephone Exchange

Tire Dealership

Veterinarian, without outside Kennels or Pens

(3) If the use sought will have special traffic service requirements, outside storage, special

drainage requirements, or other such requirements, the Planning & Zoning Commission

may require any zoning to be by special use permit pursuant to the special use section of

this ordinance.

(4) If the specific use sought is not listed above the Planning & Zoning Commission may make

a finding that a specific commercial use [is] so like a use listed that it may be included in

the list under the general listing above without further public hearings or ordinance

amendment. Provided, however if the specific use sought is listed in the Special Use Section

of this Ordinance, a special use permit zoning classification must be obtained pursuant to

the provisions of that section and subject to the conditions set out below unless specifically

modified in the ordinance granting the special use classification.

(5) Such other uses as may be permitted with the granting of a Special Use Permit.

15-2.1 Height Regulations:Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high.

15-3 Area Regulations:

(1) Minimum Size of Yards:

a. Front Yard:Thirty (30) feet, with no front yard parking. If front yard parking is

utilized, then the sixty (60) feet front yard setback shall be observed.

b. Side Yard:(Adjacent to a street or property line): Thirty (30) feet.

c. Rear Yard:Minimum required, twenty (20) feet.

(2) Minimum Size of Lot:

a. Lot Area:One Acre and any additional area required to meet septic tank requirements.

b. Lot Width:None.

c. Lot Depth:None.

(3) Lot coverage:No more than forty (40%) percent of the lot area shall be covered by

buildings.

15-4 Parking Requirements:Off-street parking shall be provided as follows:

(1) One parking space for each 500 square feet of gross floor area.

(2) The Board of Adjustment may grant an Exception based on the particular use where the

grant of the exception will not be contrary to the public interest and the spirit of this

ordinance will be observed.

In addition, no parking area shall be allowed within 10 feet of the front property line or within five

(5) feet of the rear property line.

15-5 Type of Exterior Construction:Exterior wall construction shall be of such material that is

required to conform with the City of Lowry Crossing Building Code or as approved by City

Council All structures shall be eighty (80%) percent masonry exterior exclusive of doors and

windows. Glass may be counted in place of masonry.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

15-6 Screening.In this district, if a building or parking structure is erected on a building site and a

portion of the side or rear yard abuts or is across an adjoining alley from an “A” Agricultural,

“RE” Single-Family Residential Estate, “R-1” Single-Family Residential, or a “2F” Two-Family

Residential district, any portion of the building site directly across from that district must be

screened from that district.

(Ordinance 110 adopted 8/3/99; Ordinance 177, sec. 1, adopted 1/6/04; Ordinance 179, sec. 4,

adopted 1/6/04)

§ 16. “LI” LIGHT INDUSTRIAL DISTRICT.

16-1 General Purpose and Description:The LI Light Industrial District is intended to provide for

commercial and light manufacturing uses.

16-2 Use Regulations:The following uses are permitted in the “LI” District, provided that such

manufacturing or industrial operation shall not disseminate dust, fumes, gas, noxious odor,

smoke, glare, or other atmospheric influence beyond the boundaries of the property on which

such use is located and which produces no noise exceeding in intensity at the boundary of the

property the average intensity of noise of street traffic at that point and provided that such use

does not create fire hazards on surrounding property.

(1) Any use permitted in any of the “O” Office, “RET” Retail, and “C” Commercial Districts.

(2) Permitted Uses:

Animal Hotel, without Outside Kennel or Pens

Apparel Manufacture

Athletic Equipment Manufacture

Auto Carwash

Auto Parts, with Outside Storage

Boat Storage

Butane Storage & Sales Moving and Storage Company

Candle Manufacture

Candy Manufacture

Carpentry Shop, with outside storage

Cosmetic Manufacture

Electronic Manufacturing Farm Equipment Sales

Gasoline Service Station, with major vehicle repair and storage

Hardware Store with outside storage

Heating & Air Conditioner Shop with outside storage

Household Appliance Product Assembly

Instrument Manufacture

Instrument Testing

Manufacturing & Industrial Plant, indoor

Office Warehouse, no self-storage

Painting Shop, no outside storage

Pharmaceutical Products Manufacture

Plumbing Shop with outside storage

Printing Plant

Trailer Rental

Truck Rental

Truck Sales & Storage

Veterinarian, with outside Kennels or Pens

(3) If the use sought will have special traffic service requirements, outside storage, special

drainage requirements, or other such requirements the Planning & Zoning Commission may

require any zoning to be by special use permit pursuant to the special use section of this

ordinance.

(4) If the specific use sought is not listed above the Planning & Zoning Commission may make

a finding that a specific light industrial use [is] so like a use listed that it may be included in

the list under the general listing above without further public hearings or ordinance

amendment. Provided, however if the specific use sought is listed in the Special Use Section

of this Ordinance, a special use permit zoning classification must be obtained pursuant to

the provisions of that section and subject to the conditions set out below unless specifically

modified in the ordinance granting the special use classification.

(5) Such other uses as may be permitted with the granting of a Special Use Permit.

16-3 Height Regulations:Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high.

16-4 Area Regulations:

(1) Minimum Size of Yards:

a. Front Yard:Thirty (30) feet, with no front yard parking. If front yard parking is

utilized, then the sixty (60) feet front yard setback shall be observed.

b. Side Yard:(Adjacent to a street or property line): Thirty (30) feet.

c. Rear Yard:Minimum required, twenty (20) feet.

(2) Minimum Size of Lot:

a. Lot Area:One Acre and any additional area required to meet septic tank requirements.

b. Lot Width:None.

c. Lot Depth:None.

(3) Lot coverage:No more than forty (40%) percent of the lot area shall be covered by

buildings.

16-5 Parking Requirements:Off-street parking shall be provided as follows:

(1) One parking space for each 500 square feet of gross floor area.

(2) The Board of Adjustment may grant an Exception based on the particular use where the

grant of the exception will not be contrary to the public interest and the spirit of this

ordinance will be observed.

In addition, no parking area shall be allowed within 10 feet of the front property line or within five

(5) feet of the rear property line.

16-6 Type of Exterior Construction:Exterior wall construction shall be of such material that is

required to conform with the City of Lowry Crossing Building Code or as approved by City

Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and

windows. Glass may be counted in place of masonry.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

16-7 Screening.In this district, if a building or parking structure is erected on a building site and a

portion of the side or rear yard abuts or is across an adjoining alley from an “A” Agricultural,

“RE” Single-Family Residential Estate, “R-1” Single-Family Residential, or a “2F” Two-Family

Residential district, any portion of the building site directly across from that district must be

screened from that district.

(Ordinance 110 adopted 8/3/99; Ordinance 179, sec. 5, adopted 1/6/04)

§ 17. “HI” HEAVY INDUSTRIAL DISTRICT.

17-1 General Purpose and Description:The “HI”, Heavy Industrial district is intended to provide for

basic and heavier manufacturing uses than may be inappropriate in the LI District.

17-2 Use Regulations:Any building or premises may be used for any purpose, including the below

enumerated uses unless otherwise prohibited by other ordinance or laws; provided, however,

that no building shall be erected, reconstructed, or structurally altered for residential purposes.

(1) Any use permitted in the LI District.

(2) Permitted Uses:

Carnival, Temporary Carnival Approved By Council

Housing Prefabrication

Manufacturing & Industrial Plant, outdoor storage

Painting Shop, with outside storage

Planing Mill

Plastic Products Manufacture

(3) If the use sought will have special traffic service requirements, outside storage, special

drainage requirements, or other such requirements the Planning & Zoning Commission may

require any zoning to be by special use permit pursuant to the special use section of this

ordinance.

(4) If the specific use sought is not listed above the Planning & Zoning Commission may make

a finding that a specific retail use [is] so like a use listed that it may be included in the list

under the general listing above without further public hearings or ordinance amendment.

Provided, however if the specific use sought is listed in the Special Use Section of this

Ordinance, a special use permit zoning classification must be obtained pursuant to the

provisions of that section and subject to the conditions set out below unless specifically

modified in the ordinance granting the special use classification.

(5) Such other uses as may be permitted with the granting of a Special Use Permit.

17-3 Height Regulations:Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high.

17-4 Area Regulations:

(1) Minimum Size of Yards:

a. Front Yard:Thirty (30) feet, with no front yard parking. If front yard parking is

utilized, then the sixty (60) feet front yard setback shall be observed.

b. Side Yard:(Adjacent to a street or property line): Thirty (30) feet.

c. Rear Yard:Minimum required, twenty (20) feet.

(2) Minimum Size of Lot:

a. Lot Area:One Acre and any additional area required to meet septic tank requirements.

b. Lot Width:None.

c. Lot Depth:None.

(3) Lot coverage:No more than forty (40%) percent of the lot area shall be covered by

buildings.

17-5 Parking Requirements:Off-street parking shall be provided as follows:

(1) One parking space for each 500 square feet of gross floor area.

(2) The Board of Adjustment may grant an Exception based on the particular use where the

grant of the exception will not be contrary to the public interest and the spirit of this

ordinance will be observed.

In addition, no parking area shall be allowed within 10 feet of the front property line or within five

(5) feet of the rear property line.

17-6 Type of Exterior Construction:Exterior wall construction shall be of such material that is

required to conform with the City of Lowry Crossing Building Code or as approved by City

Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and

windows. Glass may be counted in place of masonry.

Exception: The Board of Adjustment may grant an Exception to the masonry construction

requirement of this section and permit use of another type of exterior construction where the

Board finds that the grant of the exception will not be contrary to the public interest and the spirit

of this ordinance will be observed.

17-7 Screening.In this district, if a building or parking structure is erected on a building site and a

portion of the side or rear yard abuts or is across an adjoining alley from an “A” Agricultural,

“RE” Single-Family Residential Estate, “R-1” Single-Family Residential, or a “2F” Two-Family

Residential district, any portion of the building site directly across from that district must be

screened from that district.

(Ordinance 110 adopted 8/3/99; Ordinance 179, sec. 6, adopted 1/6/04)

§ 18. SUP SPECIAL USE PERMIT DISTRICT.

18-1 The SUP Special Use Permit District is a specific zoning classification. The uses that normally

fall into this specific use category are uses that have unique characteristics that may, depending

on the location of the property, require different conditions and regulations not otherwise listed

under the basic zoning districts. For this reason, when an applicant seeks a change of zoning for

a use listed in the Specific Use Section, the Planning & Zoning Commission may recommend,

and the City Council may impose, necessary additional special zoning conditions. The adoptive

ordinance may establish requirements by reference to the basic zoning ordinance or may list such

specific conditions or requirements in the ordinance or on an attached plan.

18-2 Property zoned for a special use retains or shall be given a “basic” zoning classification, so that

the special use shall be in addition to the authorized uses under the basic zoning of the property.

The Basic Land Use District regulations shall be applicable for any permitted use other than the

“special use.” Also, the Basic Land Use District regulations shall apply to the “special use” unless

changed at the time of the grant of the special use permit zoning. Therefore, any special condition

or regulation established by the grant of the special use shall control the special use and

supersedes any conflicting basic condition or regulation, however, where the grant of the special

use is silent as to a condition or regulation that is imposed by the basic classification of the

property, the basic condition or regulation shall control. UPON THE GRANT OF A SPECIAL

USE ZONING CLASSIFICATION THE “BASIC” CLASSIFICATION MAY BE

ESTABLISHED AS THE “TR1” DISTRICT. See Section 6.

Where, the “TR1” district has been established as the “basic” classification for a Special Use,

and the Special Use has been terminated or abandoned as herein provided, either the property

owner or the City Council on its own motion, shall proceed with the establishment of a permanent

zoning classification for such property.

18-3 Any application for a change of zoning to a Specific Use Permit Classification shall be processed

in the same manner as any other request for a zoning change, to wit: A proper application; public

hearing before the Planning and Zoning Commission; public hearing before the City Council; and

final adoption of an ordinance amending the Comprehensive Zoning Ordinance and the Zoning

Map of the City.

18-4 USE REGULATIONS:A building, structure or premises used for any of the following purposes

shall be permitted only upon the grant of a Specific Use Permit Zoning District Classification.

Airport, Private

Airport, Public

Amusement & Video Games, indoor

Amusement Facility, outdoor

Amusement, Fairgrounds

Amusement, Rodeo Arena

Amusement, Temporary Amusement Approved By Council

Animal Hotel, with Outside Kennel or Pens

Auto Repair, with Outside Storage

Auto, Car Rental Office & Vehicle Storage Lot

Auto/Vehicle Wrecking & Parts Yard

Automobile, Used Sales

Boarding & Rooming Houses

Broadcasting Facilities & Towers

Building Materials Sales.[,] outside storage

Cemetery

Churches

Day Care Center

Equestrian Center

Event Center

Golf Courses & Driving Ranges

Gun & Shooting Ranges

Heliport

Homeschool Resource Center

Hospital

Hotel

Libraries, Public

Lodges & Fraternal Orders

Manufactured Home

Manufactured Home Park

Mining Activity

Mobile Home Sales

Mortuary

Motel

Motorcycle Sales & Service

Movie Theater, Outdoor

Night Club

Nursing Home

Office Building

Package Store

Petroleum or Gas Extraction

Post Office

Private Club

Public Utility Services Uses

Radio, amateur sending or receiving devices

Radio, TV, & Microwave Receiving Dish

Restaurant, drive-in type

Riding Academy

Rodeo Area

Sand & Gravel Extraction

Sand, Gravel, Soil Storage & Sales

Schools, Business & Trade

Schools, Private

Schools, Public

Self-Storage Facility

Stadium

Television Studio

Temporary Batching Plant

Thrift Shop

Wholesale Sale of Alcoholic Beverages

Winery/Distillery (295)

18-5 APPLICATION FOR SPECIFIC USE PERMIT ZONING.In addition to any other provision in

this ordinance regulating applications for zoning change, an application for zoning change

requesting a Specific Use Permit District Classification shall be accompanied by a site plan

containing the following information:

(1) Date, scale, north point, name of owner, name of person preparing the site plan.

(2) Location of existing boundary lines and dimensions of the tract.

(3) Minimum building setback dimensions adjacent to all property lines.

(4) Drawings and data necessary to show the full scope of the facility.

(5) Designation of the location and size of points of ingress and egress.

(6) The centerline of any existing watercourse, drainage feature or floodway easement.

(7) The location and size of existing and proposed streets and alleys with location of all street

intersections adjacent to the area of request.

(8) In addition to the site plan, an area map shall be required indicating the neighborhood in

which the property is located and showing the existing zoning of adjacent properties.

(9) Where screening, landscaping or a drainage study may be essential to the granting of the

specific use permit, the applicant, to avoid delay or denial in the processing of his request,

should provide an adequate screening plan, landscaping plan or drainage study. The

screening plan and landscaping plan may be separate plans or a part of applicant’s site plan.

18-6 APPLICATION FOR A USE NOT SPECIFICALLY NAMEDAny applicant seeking a land use

not otherwise authorized by the Comprehensive Zoning Ordinance, as amended, or as listed in

this section, may make application to amend this section to include the unlisted use and may at

the same time make application for a Specific Use Zoning Change for such use, on a specific

property. In such a case both amendments may be heard at the same time by the Planning and

Zoning Commission; may be heard at the same time by the City Council; and the adoptive

ordinances may be acted upon by the City Council on the same date.

18-7 SPECIAL FACTORS FOR CONSIDERATIONIn granting or denying an application for

specific permit zoning district classification, the Planning and Zoning Commission in its

recommendation and the governing body of the City, may take into consideration the following

factors:

(1) Safety of motoring public and of pedestrians using the facility and the area immediately

surrounding the site.

(2) Safety from fire hazards, and measures of fire control.

(3) Protecting the property, adjacent property, and other properties within the City from flood

or water damage.

(4) Noise-producing elements, glare of vehicular and stationary lights and the effect of such

noise and lights on the established character of neighboring property.

(5) Street size and adequacy of pavement width for traffic reasonably expected to be generated

by the proposed use around the site and in the immediate neighborhood.

(6) Adequacy of on-site and off-site parking facilities; location of ingress and egress points for

parking and off-street loading and the surfacing of all parking areas to control dust and for

the protection of public health.

(7) Such other measures as will secure and protect public health, safety, morals and general

welfare.

(8) Off-street parking, unless specifically regulated in the ordinance adopting the specific use

permit zoning classification, shall be governed by other applicable provisions of the

Comprehensive Zoning Ordinance or other applicable ordinances of the City.

(9) The economic and/or environmental impact the use may have on property within the City

as a whole, as well as on adjacent property, and whether an economic and/or environmental

impact study should be submitted as a part of the application for Specific Use Permit.

(10) The aesthetic appearance of the use, and other sensory effects that the use may have on the

established character of the neighborhood, its property and the property within the City as a

whole.

18-8 COMPLIANCE WITH SITE PLAN

(1) All improvements to the land and all buildings and construction on the land shall be in

accordance with the site plan and/or the development plan which shall be made a part of

the adoptive ordinance. After adoption of the ordinance that grants the Special Use zoning

change, the City Council, upon finding that a requested site plan change is a minor change

that will not adversely impact adjacent or other properties within the City, may authorize by

written order, the minor alteration to the site plan, without further notice, public hearings,

reports from the Planning and Zoning Commission or amendment to the original ordinance.

The Council’s Order shall be attached to or filed with the original ordinance. Provided,

however, no such amendment to the site plan should be made that would conflict with the

final subdivision plat of such property after the final plat has been approved by the City and

filed of record.

(2) A special use zoning classification “runs with the land” and a new owner may continue the

special use. Provided, however, a new special use zoning change will be required if there is

any deviation from the approved plan or change in the manner in which the use is

conducted.

18-9 DESIGNATION OF ZONING MAPOn the official zoning map of the City, a Special Use

Permit District shall bear the prefix designation of the Base Zoning and “SUP” followed by the

ordinance number granting the specific use permit classification.

For example, a property with a base zoning classification of “O” Office that is granted a special

use permit zoning classification for operation of a Television Studio, should be designated in the

adoptive ordinance as having a zoning classification of “O” Office with a Special Use Permit to

operate a Television Studio and on the zoning map designated as “O” SP followed by the adoptive

ordinance number.

18-10 SPECIAL FACTORS FOR CONSIDERATION FOR MOBILE HOMES

(1) “Mobile home” means a structure that was constructed before June 15, 1976, transportable

in one or more sections, which, in the traveling mode, is eight body feet or more in width or

40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and

which is built on a permanent chassis and designed to be used as a dwelling with or without

a permanent foundation when connected to the required utilities and includes the plumbing,

heating, air-conditioning, and electrical systems.

(2) Mobile Homes, being structures that are not likely to be constructed in accordance with

federal standards, are not permitted in the city. Provided, however, the Planning and Zoning

Commission may under extraordinary circumstances recommend a special use permit which

would be subject to any conditions or restriction imposed by the granting ordinance.

18-11 SPECIAL FACTORS FOR CONSIDERATION FOR MANUFACTURED HOMES

(1) Manufactured Homes Defined“HUD-code manufactured home” means a structure

constructed on or after June 15, 1976, according to the rules of the United State

Department of Housing and Urban Development or, transportable in one or more sections,

which, in the traveling mode, is eight body feet or more in width or 40 body feet or more

in length, or, when erected on-site, is 320 or more square feet, and which is built on a

permanent chassis and designed to be used as a dwelling with or without a permanent

foundation when connected to the required utilities, and includes the plumbing, heating,

air-conditioning, and electrical systems.

“Federal Manufactured Home” means a structure transportable in one or more sections,

constructed according to “Federal Manufactured Home Construction and Safety Standards”

(42 USCA Chapter 70, § 5401 to end) which, in the traveling mode, is eight body feet or

more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more

square feet, and which is built on a permanent chassis and designed to be used as a dwelling

with or without a permanent foundation when connected to the required utilities, and

includes the plumbing, heating, air-conditioning, and electrical systems contained therein,

except that such term shall include any structure which meets all the requirements of this

definition except the size requirements and with respect to which the manufacture has

complied with the above-mentioned federal manufactured home construction standards.

(2) Construction and Construction Safety Standards Of Manufactured Homes, Not

Considered.The handling of a special use application for a HUD-code manufactured home

or a Federal Manufactured Home shall be done as in the case of any other special use

request, and in granting or denying an application for such a special use permit the

Planning and Zoning Commission in its recommendation, and the City Council its final

decision, may take into consideration any matter it might consider in regard to any other

application for a special use permit. Provided, however in considering such request,

construction standards and construction safety standards may not be considered. Therefore,

construction or construction safety standards of the city, applicable to houses built using

conventional methods, and other standards dealing with the quality of construction of

HUD-code manufactured homes or Federal Manufactured Homes, shall not be imposed as

a condition of a special use permit for such a home. Quality of construction and

construction safety standards for such homes, having been preempted by federal law and

state law, shall not be considered an adequate basis for failure to approve a HUD-code

manufactured home, or a Federal Manufactured Home.

(3) Size and Design of Manufactured Homes May be Considered.The City Council finds that

HUD-code manufactured homes and Federal Manufactured Homes, like houses built using

conventional methods, vary in size and design. That the terms are so broadly defined that

they can include structures ranging from elaborate residential dwellings to structures that

in size and design give the appearance of mobile homes which are not permitted within the

city except under extraordinary circumstances. That when size and design are unregulated

such structures may (i) fail to protect property values of other property within the city; (ii)

fail to protect property values of other adjacent HUD-code manufactured homes or Federal

Manufactured Homes; or (iii) fail to protect property values of other adjacent homes built

using conventional methods. Therefore, in considering requests for special use permit

zoning for Single-Family HUD-code manufactured homes or Federal Manufactured

Homes, size and design conditions may be imposed for the purpose of protecting property

values.

(4) All other requirements of the basic zoning district of such special use permit, including but

not limited to, garage requirements, parking regulations, minimum lot size, minimum

structure size, exterior masonry, yard size, accessory buildings, and driveways, shall be

complied with even though not listed in the ordinance granting the special use classification.

(Ordinance 110 adopted 8/3/99; Ordinance 332 adopted 12/10/19)

§ 19. “PD” PLANNED DEVELOPMENT DISTRICT.

19-1 General Purpose and Description:The “PD” Planned Development District is intended to

provide flexibility in the planning and construction of development projects by allowing a

combination and mixing of land uses not allowed in other zoning districts of the City with

appropriate regulations under a uniform plan that protects contiguous land uses and preserves

significant natural features. A PD District may be used to permit new and innovative concepts in

land use. While great flexibility is given to provide special restrictions which will allow

development not otherwise permitted, procedures are established herein to insure against misuse

of the increased flexibility.

19-2 Permitted Uses:Any use specified in the ordinance granting a Planned Development District

shall be permitted in that district. If the use is not defined in this ordinance, it must be defined in

the ordinance establishing the Planned Development District. The size, location, appearance,

and method of operation may be specified to the extent necessary to ensure compliance with the

purpose of this ordinance.

19-3 Development Standards:Development standards for each separate PD District shall be set forth

in the ordinance granting the PD District and must include the following: uses allowed; lot area;

lot coverage; lot width; lot depth; density; minimum front, side and rear yards; maximum

structure height; floor area ratio; off-street parking and loading; screening; landscaping; signs;

access; streets and alleys; and other requirements as the City Council and Planning and Zoning

Commission may deem appropriate, including, but not limited to, lighting, accessory buildings

and management associations.

19-4 Purpose and Intent Statement:An ordinance granting a PD District shall include a statement as to

the purpose and intent of the PD District being granted.

19-5 Compliance With Other Ordinances:A PD District must conform to all regulations of this

ordinance and all other City ordinances unless specifically stated otherwise in the granting

ordinance.

19-6 Application:An application for a PD District must include the following:

(1) A statement as to the purpose and intent of the requested PD District.

(2) A listing of the requested uses and development standards. If a requested use is not defined

in this ordinance, the application must contain a description of the use.

(3) A listing of deviations from any applicable provisions or ordinances.

(4) A development plan or conceptual plan in compliance with this section.

19-7 Development Plan:A development plan may be on a single drawing and must clearly indicate:

(1) an accurate survey of the boundaries of the site;

(2) existing streets and alleys;

(3) any proposed streets and alleys;

(4) building sites;

(5) location of proposed uses;

(6) areas proposed for dedication or reserved as parks. open space, parkways. playgrounds,

utility and garbage easements, school sites, street widenings, or street changes;

(7) points of ingress and egress;

(8) the arrangement and location of off-street parking and loading;

(9) screening and landscaping, unless a landscape plan is provided; and

(10) other items as may be required by the City Planning and Zoning Commission or the City

Council.

19-8 Conceptual Plan:An applicant may initially submit a conceptual plan instead of a development

plan if the conceptual plan provides sufficient information for the Commission and City Council

to act on the PD application. If a conceptual plan is provided, a development plan may be

required by the City Planning and Zoning Commission or by the City Council if it is determined

that a development plan is necessary for sufficient review of the proposal. The conceptual plan

must include:

(1) the location of all land use areas showing the gross acreage for each use, maximum lot

coverage, residential densities, floor ratio for each use, and the approximate floor area for

all nonresidential uses.

(2) delineation of all undeveloped open areas except for required yards, landscaped areas, and

open recreation facilities such as tennis courts and swimming pools;

(3) identification of all areas to be dedicated to the City and the designation of common areas;

(4) indication of maximum heights for all structures in feet and stories;

(5) location of all proposed screening between the site and adjacent property and between land

uses within the site;

(6) location of minimum building setbacks along the site boundaries, on dedicated streets, and

between residential and nonresidential uses;

(7) identification of major access points and rights-of-way to be dedicated to the City; and

(8) indication of each phase of development if separate phases are proposed.

If a conceptual plan is provided and approved, a detailed development plan must be provided

within six months after the approval of the ordinance and conceptual plan.

The development plan must comply with the conceptual plan and the conditions of the PD

ordinance, and must be approved by the Planning and Zoning Commission prior to the issuance

of a building permit. If the Commission disapproves the development plan, the applicant may

appeal the decision to the City Council.

If the property is to be developed in phases, only the detailed development for the first phase

must be submitted within the six-month time period. If a development plan is not submitted

within the required time period, the Planning and Zoning Commission, after notice to the

applicant and review of the facts, may grant one or more six-month extensions or call a hearing

to determine the proper zoning classification for the property.

19-9 Development Schedule:

(1) The applicant for a PD shall, if the applicant desires or the Planning and Zoning

Commission or City Council requires, submit a development schedule indicating the date

on which construction is to begin and the rate of development until completion. A City

Council approved development schedule must be included in the ordinance establishing the

PD.

(2) If the applicant fails to meet the development schedule, the Commission may call a public

hearing to determine the proper zoning district classification for all or part of the PD.

(3) The applicant may apply to the Commission for an extension of the development schedule.

If the Commission denies the extension, the applicant may appeal the decision to the City

Council.

(4) When a development schedule extends for more than one year, the building official shall

annually report to the Commission the actual development in the PD compared with the

development schedule.

19-10 Amendments to Conceptual Plan or Development Plan:

(1) Any amendment to a conceptual plan or to a development plan approved with the PD

Ordinance is a change in zoning district classification and must follow the same procedures

as required for a zoning change.

(2) An amendment to a development plan that was not approved with the PD Ordinance may

be approved by the City Planning and Zoning Commission if the proposed change complies

with the conditions of the PD ordinance and the conceptual plan. A proposed amendment

that does not comply with the conditions and the conceptual plan is a change in zoning

district classification and must follow the procedures required for a zoning change.

19-11 PD Pre-Application Conference:An applicant for a PD may request a pre-application

conference with the City Planning and Zoning Commission. Such conference shall be scheduled

as a work session for the Commission. The applicant shall provide a sketch plan that includes,

but is not limited to, the following information: proposed land uses, density, approximate gross

square footage of nonresidential uses, access, projected height, and significant environmental

features. During the work session, the Commission shall provide initial comments concerning

the merits of the proposed development, and make requests for any such other information that

the Commission wishes to be shown on the development plan prior to the application being

scheduled for public hearing, or any such other information that will aid the Commission in its

review of the proposal.

(Ordinance 189 adopted 6/1/04)

§ 20. “FP” FLOOD PLAIN DISTRICT.

20-1 General Purpose and Description -To provide for the appropriate use of land which has a history

of inundation or is determined to be subject to flood hazard, and to promote the general welfare

and provide protection from flooding portions of certain districts are designated with a Flood

Plain Prefix, FP. Areas designated on the Zoning District Map by an FP Prefix shall be subject

to the following provisions:

20-1.1 Use Regulations:A building or premise shall be used only for the following purposes:

(1) Agricultural activities including the ordinary cultivation or grazing of land and legal types

of animal husbandry.

(2) Off-street parking incidental to any adjacent main use permitted in the district.

(3) Electrical Substation.

(4) All types of local utilities including those requiring Special Use Permits.

(5) Parks, community centers, playgrounds, public golf courses (no structures), and other

recreational areas.

(6) Private open space as part of a Community Unit Development of [or] Planned Residential

Development.

(7) Heliport when approved by Special Use Permit.

20-2 No building or structure shall be erected in that portion of any district designated with a Flood

Plain, FP, Prefix until and unless such building or structure has been approved by the City

Council after engineering studies have been made and it ascertained that such building or

structure is not subject to damage by flooding and would not constitute an encroachment, hazard,

or obstacle to the movement of floodwaters and that such construction would not endanger the

value and safety of other property or the public health and welfare.

20-3 Plans for any dump, excavation, storage, filling, or mining operation within that portion of a

district having a Flood Plain, FP, Prefix must first be approved by the City Council after

recommendation by the Planning and Zoning Commission before such operation is begun.

20-4 An area may be removed from the Flood Plain, FP, prefix designation when by the provision of

drainage works, grading, flood protection, or specific drainage study, it is determined by the City

Council that the flood hazard has been alleviated.

20-5 The fact that land is, or is not, within a district having a Flood Plain, FP, Prefix, shall not be

interpreted as assurance that such land or area, is or is not, subject to periodic local flooding.

(Ordinance 110 adopted 8/3/99; Ordinance 262 adopted 8/6/13; Ordinance 335 adopted 10/13/20)

§ 21. OFF-STREET PARKING REQUIREMENTS FOR NONRESIDENTIAL USES.

21-1 Purpose:To secure safety from fire, panic, and other dangers; to lessen congestion in the streets;

to facilitate the adequate provisions of transportation; to conserve the value of buildings; and to

encourage the most appropriate use of land, minimum off-street parking and loading shall be

provided as set forth in the following schedules and provisions.

21-2 Special Off-Street Parking Provisions for Nonresidential Districts

(1) In nonresidential districts, surface parking may extend into the front yard except for

required screening, landscaping, or as specifically stated in various sections of this

ordinance.

(2) Parking shall be allowed only on a paved concrete surface.

21-3 Off-Street Loading Space - All Districts

(1) All retail, commercial, and industrial structures having five thousand (5,000) square feet or

more of gross floor area shall provide and maintain off-street parking facilities for the

loading and unloading of merchandise and goods at a ratio of at least one (1) space for the

first twenty thousand (20,000) square feet of gross floor area and one (1) space for each

additional twenty thousand (20,000) square feet of gross floor area or fraction thereof for a

building larger than five thousand (5,000) square feet. A loading space shall consist of an

area of a minimum of twelve (12) by thirty (30) feet. All drives and approaches shall provide

adequate space and clearances to allow for the maneuvering of trucks off-street.

(2) Kindergartens, day schools, and similar child training and care establishments shall provide

concrete off-street loading and unloading space on a through “circular” drive except when

otherwise provided for in a Special Use Permit. Drives shall be designed to accommodate

one (1) motor vehicle for each ten (10) students or children cared for by the establishment.

(3) Uses not listed strait provide required off-street parking according to the most similar use

listed in the Schedule, as determined by the City Council.

(4) Loading docks and areas shall not be located on the street side of any structure unless

screened by screening approved by the Planning & Zoning Commission.

21-4 Parking Access From a Public Street - All Districts

(1) In all districts (except all single-family, duplex, and multifamily districts) building plans

shall provide for entrance/exit drive(s) appropriately designed and located to minimize

traffic congestion or conflict within the site and with adjoining public streets as approved

by the City Engineer. Where based upon projected volumes of traffic entering or leaving the

proposed development are likely to interfere with the projected peak traffic flow volumes

on adjoining streets, additional right-of-way, and paving in the form of a deceleration lane

or turn lane may be required to be furnished by the developer in order to reduce such

interference.

(2) In the approval of a Detail Site Plan consideration shall be given to providing entrance/exit

drives which extend into the site to provide adequate queuing of vehicles on the site. Such

drives shall have curbs or other barriers to prohibit access from parking areas and other

drives.

(3) The radius of all drive approaches shall be constructed so that the curb return shall not

extend beyond any projection of the property line which the drive does not cross, except by

written agreement of both property owners filed for record with the County Clerk with proof

supplied to the City Council.

(4) Vehicular access to nonresidential uses shall not be permitted from alleys serving residential

areas.

(5) Parking space configuration, location, arrangement, size and circulation in all districts shall

be constructed according to Appendix Illustrations Nos. 1, 2, 3, 4 or 5.3

21-5 Off-Street Parking Requirements - All Districts

(1) In accordance with Appendix Illustrations Nos. 1, 2, 3, 4, and 5, a parking space shall be a

minimum of nine (9) feet wide and a minimum of nineteen (19) feet long, with two

exceptions. The two exceptions are:

a. where a parking space heads in to a curb, or other wheel stop, which adjoins a private

sidewalk at least five (5) feet wide, and

b. where a parking space heads in to a curb, or other wheel stop, which adjoins a

landscaped area designed to maintain a minimum clearance of eight (8) inches above

  1. Editor’s note—The Appendix Illustrations are included as an attachment to this chapter.

the parking pavement for a distance of at least two (2) feet beyond where the curb or

wheel stop restricts vehicular forward progress.

If either or both of the conditions described in the preceding subparagraphs a. and b.

exist, a parking space shall be a minimum of nine (9) feet wide and a minimum of

seventeen (17) feet long.

(2) Parking on private property shall not extend into or overhang public right-of-way or

adjoining property. Where on-site parking is adjacent to sidewalks, right-of-way, and/or

required landscaped areas, all parking, loading spaces, and vehicle sales areas on private

property shall have a vehicle stopping device installed so as to prevent the wheels of motor

vehicles from entering any required landscaped areas, and to prevent any parked vehicle

from entering or overhanging a public right-of-way, public sidewalk, or any landscaping

over eight (8) inches in height above the parking pavement. An over-wide sidewalk on

private property may be permitted so as to allow encroachment of vehicle overhang while

maintaining an unobstructed three (3) feet minimum sidewalk width.

(3) Refuse storage facilities placed in a parking lot shall not be located in a designated parking

or loading space. Each refuse facility shall be maintained so as to comply with all public

health and sanitary regulations. Each refuse facility shall be located so as to facilitate pickup

by refuse collection agencies and shall be screened according to Section 33-1(6) [sic].

21-6 Parking Requirements Based on Use:In all districts there shall be provided at the time any

building or structure is erected or structurally altered, off-street parking spaces in accordance

with the preceding provisions and in accordance with the following requirements:

Auto laundry: One (1) space per five hundred (500) square feet of gross floor area. Bowling alley:

Six (6) parking spaces for each alley or lane.

Business or professional office (general): One (1) space per three hundred (300) square feet of

gross floor area.

Church or other place of worship: One (1) parking space for each three (3) seats in the main

auditorium.

College or University: One (1) space per each day student.

Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one (1)

additional space for each three hundred (300) square feet of floor area in excess of two thousand

(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 one (1) space for each

four (4) seats that it contains.

Commercial Amusement: One (1) space per 3 guests or one (1) space per 100 square feet of gross

floor area, whichever is greater.

Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each

one hundred (100) square feet of floor area thereof.

Day Nursery: One (1) space per 10 pupils.

Dwellings, Multifamily: Two (2) spaces per one-and two-bedroom units and two and one-half

(2-1/2) spaces per three-bedroom unit.

Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds.

Furniture or Appliance Store, Hardware Store, Wholesale Establishments, Machinery or

Equipment Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus

one (1) additional parking space for each three hundred (300) square feet of floor area over one

thousand (1,000).

Gasoline Station: Minimum of six (6) spaces.

Hospital: One (1) space per employee on the largest shift, plus one and one-half (1-1/2) spaces

for each bed.

Hotel: One (1) parking space for each one (1) sleeping rooms or suites plus one (1) space for each

two hundred (200) square feet of commercial floor area contained therein.

Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet.

Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet.

Manufacturing or Industrial Establishment, Research or Testing Laboratory, Creamery, Bottling

Plant, Warehouse, Printing or Plumbing Shop, or Similar Establishment: One (1) parking space

for each employee on the maximum working shift plus space to accommodate all trucks and

other vehicles used in connection therewith, but not less than one (1) parking space for each one

thousand (1,000) square feet of floor area.

Medical or Dental Office: One (1) space per one hundred seventy-five (175) square feet of floor

area.

Mini-Warehouse: Four (4) per complex plus (1) one per five thousand (5000) square feet of

storage areas.

Mobile Home Park: Two (2) spaces for each mobile home plus additional spaces as required

herein for accessory uses.

Mortuary or Funeral Home: One (1) parking space for each fifty (50) square feet of floor space

in slumber rooms, parlors or individual funeral service rooms.

Motel: One (1) parking space for each sleeping room or suite plus one (1) space for each two

hundred (200) square feet of commercial floor area contained therein.

Motor Vehicle Sales rooms and Used Car Lots: One (1) parking spare for each five hundred (500)

square feet of sales floor for indoor uses, or one (1) parking space for each one thousand (1,000)

square feet of lot area for outdoor uses.

Nursing Home: One (1) space per five (5) beds and one (1) for each day staff.

Private Club, Country Club or Golf Club: One (1) parking space for each one hundred fifty (150)

square feet of floor area or for every five (5) members, whichever is greater.

Retail Store or Personal Service Establishment, except as otherwise specified herein: One (1)

space per two hundred (200) square feet of gross floor area

Restaurant, Nightclub, Cafe or Similar Recreation or Amusement Establishment: One (1) parking

space for each one hundred (100) square feet of floor area.

Rooming or Boarding House: One (1) parking space for each sleeping room.

Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space

for each five (5) beds.

School, Elementary: One (1) Parking space for each five (5) seats in the auditorium or main

assembly room, or one (1) space for each classroom plus six (6) spaces, whichever is greater.

School, Secondary, and College: One (1) parking space for each four (4) seats in the main

auditorium or eight (8) spaces for each classroom, whichever is greater.

Theater, Auditorium (except school), Sports Arena, Stadium, or Gymnasium: One (1) parking

space for each three (3) seats or bench seating spaces.

Warehouse, Wholesale, Manufacturing and Other Industrial Type Uses: One (1) space for one

thousand (1,000) square feet of gross floor area.

Golf Course: Three (3) parking spaces per hole.

21-7 Rules for Computing Number of Parking Spaces:In computing the number of parking spaces

required for each of the above uses the following rules shall govern:

(1) “Floor Area” shall mean the gross floor area of the specific use.

(2) Where fractional spaces result, the parking spaces required shall be constructed to be the

nearest whole number.

(3) The parking space requirement for a use not specifically mentioned herein shall be the same

as required for a use of similar nature.

(4) Whenever a building or use constructed or established after the effective date of this

Ordinance is changed or enlarged in floor area, number of employees, number of dwelling

units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or

more in the number of existing parking spaces, such spaces shall be provided on the basis

of the enlargement or change. Whenever a building or use existing prior to the effective date

of Ordinance is enlarged to the extent of fifty (50) percent or more in floor area or in the

area used, said building or use shall then and thereafter comply with the parking

requirements set forth herein.

(5) In the case of mixed uses, the parking spaces required shall equal the sum of the

requirements of the various uses computed separately.

21-8 Location of Parking Spaces:All parking spaces required herein shall be located on the same lot

with the building or use served, except as follows:

(1) Where an increase in the number of spaces is required by a change or enlargement of use or

where such spaces are provided collectively or used jointly by two (2) or more buildings or

establishments, the required spaces may be located not to exceed three hundred (300) feet

from an institutional building served and not to exceed six hundred (600) feet from any

other nonresidential building served.

(2) Not more than fifty (50) percent of the parking spaces required for theaters, bowling alleys,

dance halls, nightclubs, cafes, or similar uses and not more than eighty (80) percent of the

parking spaces required for a church or school auditorium or similar uses may be provided

and used jointly by similar uses not normally open, used or operated during the same hours

as those listed; provided, however, that written agreement thereto is properly executed and

filed as specified below.

(3) In any case where the required parking spaces are not located on the same lot with the

building or use served, or where such spaces are collectively or jointly provided and used, a

written agreement thereby assuring their retention for such purposes, shall be properly

drawn and executed by the parties concerned, approved as to form by the City and executed

by the parties concerned [sic], approved as to form by the City Attorney and shall be filed

with the application for a building permit.

21-9 Use of Parking Spaces - All Districts:Required off-street parking and loading spaces shall be

used only for these respective purposes and shall not be used for storage or display of boats,

trailers, campers, motor vehicles or other goods, materials, products for sale.

(Ordinance 110 adopted 8/3/99; Ordinance 262 adopted 8/6/13; Ordinance 335 adopted 10/13/20)

§ 22. SPECIAL AND ADDITIONAL REGULATIONS.

22-1 Lot Area:

(1) The minimum residential lot area for the various districts shall be in accordance with the

individual use schedule except that a lot having less area than herein required that was an

official “lot of record” prior to the adoption of this ordinance may be used for a one-family

dwelling and shall not be considered nonconforming. No lot existing at the time of passage

of this ordinance shall be reduced in area below the minimum requirements set forth in the

respective district.

(2) Notwithstanding any provision establishing the minimum lot area for specific uses, any use

shall require such additional area as is necessary to meet septic tank requirements[.]

22-2 Front Yard:

(1) 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.

(2) Where the frontage on one side of a street between two intersecting streets is divided by two

or more zoning districts, the front yard shall comply with the requirements of the most

restrictive district for the entire frontage.

(3) The front yard shall be measured from the property line to the front face of the building,

covered porch, covered terrace or attached accessory building. Eaves and roof extensions or

a porch without posts or columns may project into the required front yard for a distance not

to exceed four (4) feet and subsurface structures, platforms or slabs may not project into the

front yard to a height greater than thirty (30) inches above the average grade of the yard.

(See Appendix Illustration No. 7.)4

(4) Where lots have double frontage, running through from one street to another, a required

front yard shall be provided on both streets unless a building line for accessory buildings

has been established along one frontage on the plat or by ordinance, in which event only

one required front yard need be observed. (See Appendix Illustration No. 8)

  1. Editor’s note—The Appendix Illustrations are included as an attachment to this chapter.

(5) The minimum front yard setback requirements may be reduced by five (5) feet in all Single-

Family 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. The average setback would

equal the original setback requirement. The purpose of this requirement is to encourage a

variety of front yard setbacks along a street creating a more pleasing appearance of houses

in the subdivision. In no case shall the front yard setback be less than twenty (20) feet. (See

Appendix Illustration No. 10.) Varying setbacks must be shown on the approved final plat

in order to reduce normal setback requirements.

(6) Minimum front yard setbacks for lots with predominate frontage on the curved radius of a

cul-de-sac shall be twenty-five (25) feet if approved on the final plat. (See Appendix

Illustration No. 14)

(7) No fence, wall, screen, billboard, sign, structure or foliage of hedges, trees, bushes or shrubs

shall be erected, planted or maintained in such a position or place so as to obstruct or

interfere with the following minimum sight line standards.

Vision at all intersections where streets intersect at or near right angles shall be clear at

elevations between two and one-half (2-1/2) feet and nine (9) feet above the average street

grade, within a triangular area formed by extending the two curb lines from their point

of intersection forty-five (45) feet, and connecting these points with an imaginary line,

thereby making a triangle. If there are no curbs existing, the triangular area shall be formed

by extending the property lines from their point of intersection twenty-five (25) feet and

connecting these points with an imaginary line, thereby making a triangle.

(8) Gasoline service station pump islands may not be located nearer than eighteen (18) feet to

the front property line. An enclosed canopy for a gasoline filling station may extend beyond

the front building line but shall never be closer than ten (10) feet to the property line.

(9) 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.

22-3 Side Yards:

(1) On a corner lot used for one-family dwellings, both street exposures shall be treated as front

yards on all lots platted after the effective date of this ordinance, except that where one street

exposure is designated as a side yard by a building line shown on a plat approved by the

Planning and Zoning Commission containing a side yard of fifteen (15) feet or more the

building line provisions on the plat shall be observed. On lots which were official lots of

record prior to the effective date of this ordinance, the minimum side yard adjacent to a side

street shall comply with the minimum required side yard for the respective districts.

(2) Every part of a required side yard shall be open and unobstructed except for accessory

buildings as permitted herein and the ordinary projections of windowsills, 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.

22-4 Lot Coverage:

(1) Up to ten (10%) percent additional coverage of the lot or tract will be permitted for

accessory buildings such as garages, carports, and storage buildings. Specified maximum

coverage shall apply to schools, churches, and other nonresidential buildings permitted in

residential districts.

22-5 Special Height Regulations

(1) In the districts where the height of buildings is restricted to two and one-half (2-1/2) or three

(3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an

additional height not to exceed forty (40) feet above the average grade line of the building.

Water standpipes and tanks, church steeples, domes, and spires and school buildings and

institutional buildings may be erected to exceed three (3) stories in height, provided that one

(1) additional foot shall be added to the width and depth of front, side, and rear yards for

each foot that such structures exceed three (3) stories.

(2) Antennas and other sending and receiving devices of microwave or electromagnetic waves

shall be permitted in all districts for private or amateur radio broadcasting use. Such devices

shall not interfere with radio or television reception of adjoining property owners and shall

comply with all regulations of the Federal Communications Commission (FCC). In no case

shall the height of such antennas exceed thirty-five (35) feet and proper guy wire

securement shall be followed. In no manner shall the use of such equipment infringe upon

adjoining property owners.

(3) Satellite dishes shall not exceed a height of fifteen (15) feet and shall only be located in the

rear yard of any lot.

22-6 All measurements of setback requirements shall be made according to Illustrations 11, 12 and 13.

22-7 Sheetmetal exterior constructed buildings shall not be permitted in any district as a primary use

except as provided in this or other ordinances of the City.

22-8 Temporary Uses.

(1) Uses in the “C” Commercial and “HC” Highway Commercial Zoning Districts.The

following may be permitted by the City Council as temporary uses, but only in the “C”

Commercial or the “HC” Highway Commercial zoning district and subject to the

provisions of this section:

(a) mobile food vendors, whose food is prepared and sold from a vehicle that is properly

registered by the Texas Department of Transportation or a structure that is semi-

permanent, but removable;

(b) firework vendors that are selling fireworks from a building;

(c) an outdoor art or craft show or exhibit;

(d) Christmas tree sales;

(e) seasonal retail sale of agricultural or horticultural products, if the use is located at least

200 feet from a dwelling;

(f) religious, patriotic or historical assemblies, displays or exhibits;

(g) other temporary uses that are similar to those described in this section; and

(h) on-site temporary signs relating to temporary uses.

This section regarding temporary uses is intended to permit occasional, temporary

uses and activities when consistent with the purposes of the zoning regulations and

when compatible with other nearby uses.

(2) Prohibitions.The following may not be conducted or used in connection with a permitted

temporary use:

(a) the sale or consumption of alcoholic beverages;

(b) a portable toilet serving the temporary use; and

(c) use or storage of hazardous materials or substances (excludes fireworks during

authorized sales season only).

(3) Permit Duration.A permit for a temporary use under this subsection may be issued for a

predetermined time period:

(a) A mobile or semi-permanent food vendor could be up to two (2) years;

(b) Firework vendors selling from a building are up to ten (10) years;

Items (c), (d), (e), (f), (g) up to 60 days and renewed twice, for a total operating period

not to exceed 180 days during the one year period following the issuance of the permit.

A temporary use permit, if approved by the City Council, will specify the allowed

temporary use, the period of time for which it is approved, the location where it is

approved, and any special conditions attached to the approval.

(4) Application; Submission; Decision.

(a) Application Required.A person desiring to conduct a temporary use shall file an

application for the same, on a form provided by the City, with the City Secretary.

Upon receiving a fully completed application and all information required in

connection with the application and the application fee, the City Secretary will

present the application to the City Council. A fully completed application must be

filed with the City Secretary at least ten days before a Council meeting. An

application fee of $50.00 must be submitted at the time of the filing of the

application; the fee is to cover a portion of the costs of the City’s review and

processing of the application and is non-refundable.

(b) Application Contents.An application must include:

(i) a statement that the applicant is the owner of the property (and the application

must be signed by the owner), or if not the owner, a signed, original statement

from the owner of the property stating that the applicant is authorized to submit

the application and to conduct the requested temporary use thereon and to bind

the property owner to all conditions of the permit and this section;

(ii) a diagram (to scale) of the property where the use is proposed to be located

(including all property boundary lines), the location on the property of all

facilities to be used in connection with the temporary use (including the distance

of such facilities from the property lines and a description of the facilities), the

location on the property of any signage to be used in connection with the

temporary use, methods of ingress and egress to and from the property, location

of off-street parking, the proposed time period for the temporary use and the

hours of use, the names and addresses (physical address, not a post-office box)

of all persons that will use the property for the purposes identified in the

application, and any additional information required by the City Secretary or

City building official in connection with the proposed temporary use; and

(iii) a statement by which the applicant agrees that City inspectors may enter and

inspect the land or premises that is the subject of the application and the permit

for purposes of determining compliance with the permit (if issued) and all

applicable ordinances, laws, rules, codes, standards, and regulations.

(c) City Council Determination.The City Council will review a fully completed

application, and may grant a temporary use after determining that the temporary use:

(i) will not impair the normal, safe, and effective operation of a permanent use on

the same site;

(ii) will be compatible with nearby uses;

(iii) will not adversely affect public health, safety, or convenience;

(iv) will not create a traffic hazard or congestion; and

(v) will not interrupt or interfere with the normal conduct of uses and activities in

the vicinity.

Additionally, in determining whether or not to grant a temporary use, the City

Council may consider such other matters or items as the Council deems necessary or

appropriate, including but not limited to the factors identified in Section 18-7 of this

Ordinance.

In reaching a determination regarding an application, the City Council may require

and condition the approval of a temporary use on compliance with additional

requirements that the Council determines are necessary to ensure land use

compatibility and minimize adverse effects on nearby uses, including requirements

for hours of operation, frequency of use, parking, traffic circulation, screening,

enclosure, site restoration, and cleanup. A grant of a temporary use shall, among other

things, specify the duration of the use (which may be up to a maximum of 60 days,

with an opportunity for two renewals, for a total operating period not to exceed 180

days; the Council may authorize the City Secretary to grant a renewal).

After making a determination regarding an application, the City Council shall approve

(which approval may include conditions regarding a temporary use) or deny an

application for a temporary use.

If the City Council approves a temporary use, the City Secretary shall issue a written

temporary use permit that shall specify the terms and conditions of the temporary use

as approved by the City Council.

A temporary use authorized pursuant to this section, and the property that is the

subject of the temporary use, shall not be exempted or relieved from compliance with

all other ordinances, laws or licenses applicable to such use or the property.

(d) Inspection; Suspension; Revocation; Appeal.

(i) Inspection.A permit holder must, as a condition of the temporary permit, allow

City inspectors to enter and inspect the land or a premises that is the subject of

the permit.

If the property is occupied at the time of an inspection, the City inspector

shall present the inspector’s credentials and request entry. If the premises are

unoccupied, the inspector shall attempt to contact a responsible person and

request entry.

(ii) Suspension.The City’s building official or the City Secretary may suspend a

permit issued pursuant to this section if the building official or the City

Secretary determines that:

(a) the permit was issued in error; or

(b) the application for a permit included a false statement or material

misrepresentation;

(c) the permit or license holder has not complied with the requirements of the

permit, section, or this or any other applicable ordinance, law, rule, code,

standard, or regulation.

A suspension is effective until the building official or City Secretary

determines that the permit holder has complied with the requirements

of the permit. The activity and use conducted under the permit shall be

discontinued during the period of suspension.

(iii) Revocation.The City building official or the City Secretary may immediately

revoke a person’s permit that has been suspended if the building official or City

Secretary determines that the person:

(a) did not comply in a reasonable time with the requirements of the permit

and/or this section for which the suspension was ordered; or

(b) during the suspension, did not comply with other requirements of the

permit and/or this section.

The activity and use conducted under the permit shall be discontinued during

the period of suspension.

(iv) Notice of Intent to Suspend or Revoke.The City building official or City

Secretary shall give notice to the person affected of the building official’s or

City Secretary’s intent to suspend or revoke the permit. The notice shall include

the reason for the intent to suspend or revoke the permit, and shall be sent to

any of the persons identified in the permit application or the permit as being a

user of the permit. The notice shall specify a reasonable time for compliance

with the permit and this section. Notice may be (a) given by personal delivery,

(b) sent by United States certified mail, postage prepaid, return receipt

requested, or (c) placed in the custody of Federal Express Corporation or other

nationally recognized carrier to be delivered overnight. Notice shall be deemed

given: (x) when received if delivered personally, (y) 48 hours after deposit if

sent by mail, and (z) 24 hours after deposit if sent by Federal Express or other

nationally recognized carrier.

(v) Appeal of Suspension or Revocation.The holder of a permit issued pursuant to

this section may appeal a suspension or revocation of the permit to the City

Council by filing a written notice of appeal of the same with the City Secretary

not later than five (5) days following the date of the suspension or revocation.

The notice of appeal must be actually received in the office of the City

Secretary within that five (5) day period and during the regular business hours

of the City Secretary’s office. If an appeal is filed, the City Secretary shall

schedule the appeal for Council consideration at the next regular meeting of the

Council for which there is time, in accordance with law, to place an item

concerning the same on the Council agenda.

(Ordinance 110 adopted 8/3/99; Ordinance 262 adopted 8/6/13; Ordinance 335 adopted 10/13/20)

§ 23. GLARE AND LIGHTING STANDARDS.

23-1 Purpose of Section:Standards for controlling lighting and glare are set forth to reduce the

annoyance and inconvenience to property owners and traffic hazards to motorist. 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.

23-2 Glare:Any use shall be operated so as not to produce obnoxious and intense glare or direct

illumination across the bounding property line from a visible source of illumination of such

intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All

outside lights shall be made up of a light source and reflectors 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 footcandles.

23-3 Nonresidential Site Lighting:

(1) All off-street parking areas for nonresidential uses in nonresidential district which are used

after dark, shall be illuminated beginning one-half hour after sunset and continuing

throughout the hours of use or until midnight, whichever is earlier. In case only a portion of

a parking area is offered for use after dark, only that part is required to be illuminated in

accordance with these standards. However, the portion offered for use shall be clearly

designated. Lighting within the parking areas shall meet the following minimum

requirements. No intermittent or flashing lights are permitted.

(2) Intensity:On the parking area surface, an average of at least two (2) footcandles, initial

measurement, and a minimum average of one (1) footcandle on a maintained basis.

23-4 Luminaries:Light sources shall be of a down-light type, indirect, diffused, or shielded type

luminaries and/or so installed as to reduce glare effect and consequent interference with use of

adjacent properties and boundary streets. Bare bulbs above 15 watts or strings of lamps are

prohibited except for temporary lighting not exceeding forty-five (45) days per year.

23-5 Special Lighting: Low Wattage:Holiday special lighting shall be permitted for a maximum time

period of forty-five (45) days for each holiday used.

(Ordinance 110 adopted 8/3/99)

§ 23A. LANDSCAPING REQUIREMENTS.

23A-1 Purpose.Because the process of development with its alteration of the natural topography,

vegetation, and creation of impervious cover can have a negative effect on the ecological

balance of an area by causing increases in air temperatures and accelerating the processes of

runoff, erosion, and sedimentation, the City Council adopts this ordinance generally to promote

and protect the health, safety, and welfare of the public, and for the following specific purposes:

(1) To preserve and enhance the unique natural beauty, environment, and vegetative space

within the City.

(2) To aid in stabilizing the environment’s ecological balance by contributing to the processes

of air purification, oxygen regeneration, groundwater recharge, and stormwater runoff

retardation, while at the same time aiding in noise, glare, wind, and heat abatement.

(3) To provide for open space and more efficient drainage of land, thereby reducing the effects

of soil erosion and the need for additional drainage facilities.

(4) To conserve energy.

(5) To preserve the country atmosphere and natural environment that define the community

character of Lowry Crossing and make it a unique and desirable community.

(6) To mitigate the ill effects of rapid and intense urbanization.

(7) To safeguard and enhance property values and to protect public and private investment.

23A-2 Applicability.The provisions of this section apply to nonresidential and surface parking lot

developments in all zoning districts, including planned development districts, unless otherwise

provided in the ordinance establishing the planned development district.

23A-3 Minimum Standards for Planting Materials.

(1) Minimum caliper for trees required by this section is 3".

(2) Minimum height is:

a. Seven feet (7') for shade trees.

b. Eight feet (8') for ornamental trees.

(3) Except as otherwise provided herein, materials and planting standards must meet the

American Association of Nurseryman, Inc., “American Standard for Nursery Stock” (latest

edition).

(4) For a list of approved trees, see Subsection 23A-11.

23A-4 Minimum Landscaping Area.

(1) The minimum landscaping area for the following districts is ten percent (10%) of the area

of the site:

a. “RET” Retail District

b. “HC” Highway Commercial District

c. “C” Commercial District

d. “LI” Light Industrial District

e. “HI” Heavy Industrial District

(2) The minimum landscaping area for the “O” Office District is fifteen percent (15%) of the

area of the site.

23A-5 Landscaping Along Street Rights-of-Way.

(1) Except as otherwise provided, a minimum 15-foot-wide buffer strip is required adjacent to

the right-of-way line of all dedicated public streets with a right-of-way of 100 feet or more.

A minimum 25-foot-wide buffer strip is required adjacent to Highway 380 and Highway

  1. No building or parking is permitted in a required buffer strip.

(2) A minimum 10-foot-wide buffer strip is required adjacent to the right-of-way line of all

dedicated public streets with a right-of-way of less than 100 feet.

23A-6 Landscaped Buffer Planting Requirements.

(1) One shade tree per lot is required for lots with less than 50 feet of street frontage.

(2) One shade tree for every 33 feet of street frontage, or portion thereof, is required for lots

with greater than 50 feet, but less than 100 feet of street frontage. In addition, one

ornamental tree must be provided for every two shade trees required.

(3) One shade tree for every 40 feet of street frontage, or portion thereof, is required for lots

with greater than 100 feet of street frontage. In addition, one ornamental tree must be

provided for every two shade trees required.

23A-7 Surface Parking Lot Landscaping.Planting and landscaping requirements for surface parking

lots are as follows:

(1) Retail Uses: One shade tree and one ornamental tree for every 40 parking spaces must be

planted from the outside edge of the parking lot and dispersed within the parking lot area.

(2) Non-Retail Uses: One shade tree and one ornamental tree for every 30 parking spaces shall

be planted, starting from the outside edge of the parking lot, distributed such that one tree

per twenty spaces is distributed in the parking lot and the remainder dispersed within the

building site.

(3) Parking lots with more than 200 spaces shall be subdivided into separate parking areas of

not more than 200 spaces each. Such areas must be separated by a landscaped area with a

minimum width of 10 feet.

(4) Curb stops must be provided to prevent damage to landscaped buffers and plantings by

motor vehicles. A landscaped buffer expanded by two feet may substitute for the installation

of curb stops.

(5) No parking space shall be more than 50 feet from any tree.

(6) Parking lot islands at the ends of rows must be a minimum of eight feet wide.

(7) Landscape areas shall be no less than four feet wide and must be a minimum of 16 square

feet in area.

(8) If the parking lot is located 50 feet or more from the street right-of-way, no shrubs or berms

shall be required unless needed for a headlight screen. Where parking lots and drives abut

the landscaped buffer strip, one shrub (five-gallon minimum) must be planted per 50 square

feet of landscaped buffer strip. The number of required shrubs shall be calculated solely on

the area of the required landscaped buffer strip. A berm may be used in conjunction with the

required shrubs, provided that the intent of the screening is accomplished. The berm must

be a minimum of 42 inches above the average grade of the street and parking lot curbs. The

slope of the berm shall not exceed a four to one grade.

(9) If approved by the City Council, the required width of a landscaped buffer may be reduced

by up to 50% when public improvements are necessary.

(10) All landscaped areas shall have fully automated underground irrigation systems.

(11) All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement

shall not be placed closer than the drip line of the tree at the time of installation, unless a

root barrier approved by the City is utilized.

(12) Where an existing parking area is altered or expanded to increase the number of spaces to

more than 20 parking spaces, interior landscaping shall be provided on the new portion of

the lot in accordance with the above standards.

23A-8 Corner Lots.Lots located at the intersection of two thoroughfares must comply with the

following landscaping requirements in addition to the landscaped buffer and parking lot

landscaping planting requirements:

(1) A minimum 20-foot-wide landscaped buffer shall be located along all street rights-of-way

beginning at the corner and extending 175 feet or to the closest driveway. Beyond such

point, the landscaped edge may be gradually reduced (over a distance of 25 feet) to 15 feet

in width.

(2) Where adjacent to a right-turn lane, the landscaped edge may be reduced to a minimum of

10 feet.

(3) A minimum landscaped area of 900 square feet shall be located at the intersection corner of

the lot. The landscaped area shall be provided within an area measured a minimum distance

of 40 feet from the projected corner of the intersection on both sides of the lot. No trees

shall be planted in this area.

23A-9 Landscape Screening for Parking Lots Adjacent to Residential Areas.Where parking is within

50 feet of property zoned for residential purposes and is not otherwise screened from view, a

continuous screen of evergreen shrubs (five-gallon minimum) of not less than 42 inches in

height shall be planted a minimum of four feet on center adjacent to the parking lot.

23A-10 Maintenance Requirements.

(1) All plant material must be maintained in a healthy and growing condition, and must be

replaced with plant material of similar variety and size if damaged, destroyed, or removed.

(2) Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants

not a part of the landscaping.

(3) An automatic irrigation system must be installed in all required landscaped areas and in all

front yards along thoroughfares with a right-of-way in excess of eighty feet (80').

(4) Any person desiring to install and maintain landscaping materials and irrigation facilities

within the City right-of-way must first enter into and execute a “Median Right-of-Way

Landscape and Irrigation Agreement” with the City.

(5) Diameters of existing trees are measured at four feet (4') above grade. If the tree is on a

slope, measurement shall be from the high side of the slope. Measurements must be taken

above unusual swells in the trunk[.]

(6) To determine the diameter of a multi-trunk tree, all trunks must be measured and the total

diameter of the largest trunk must be added to one-half (1/2) the diameter of each additional

trunk. Diameter measurements should be accurate to the nearest one-half (1/2) inch. Trees

may be measured with a caliper, cruise stick, standard tape measure or diameter tape.

23A-11 Approved Trees for New Plantings.The following is a list of approved high quality, long-

living trees which are considered suitable for local soil conditions and climate. Other species

may be planted with approval from the City Council.

(1) Shade Trees - Height Range 30-60'

Bald Cypress Taxodium distichum

Cedar Elm Ulmus crassifolia

Lacebark (Drake) Elm Ulmus parvifolia ‘Drake’

Chinese Pistache Pistacia chinesis

Bur Oak Quercus macrocarpa

Shumard or Texas Red Oak Quercus shumardii or texana

Sweet Gum Liquidambar styraciflua

Green Ash Fraxinus pennsylvanica ‘Marshall Seedless’

Live Oak Quercus virginiana

Western Soapberry Sapindus drummondi

Eastern Red Cedar Juniperus virginiana

Cedar Elm Ulmus crassifolia

Red Oak Quercus shumardii

Pecan Carya illinoinensis

Burr Oak Quercus macrocarpa

Chinquapin Oak Quercus muhlenbergii

Green Ash Cultivars Fraxinus pennsylvanica spp.

American Elm Ulmus americana

(2) Ornamental Trees - Height Range 10-20'

Japanese Black Pine Pinus thunbergii

Afghan (Eldarica) Pine Pinus eldarica

Redbud Cercis canadensis

Crape Myrtle Lagerstroemia indica

Yaupon Holly Ilex vomitoria

Flowering Pear Pyrus calleryana ‘Bradford’, ‘Capital’,

‘Aristocrat’

Texas Sophora Sophora affinis

Mexican Plum Prunus mexicana

Purple Plum Prunus cerasifera

Crabapple Malus angustifolia

Deciduous Holly Ilex decidua

Chaste Tree Vitex agnus-castus

Mexican Buckeye Ungnadia speciosa

Wax Myrtle Myrica cerifera

Desert Willow Chilopsis linearis

23A-12 Conflict With Other Regulations.If a provision of this section conflicts with a provision of

another section of this ordinance or with a provision of another ordinance, the stricter regulation

controls.

(Ordinance 188 adopted 6/1/04)

§ 24. CLASSIFICATION OF NEW AND UNLISTED USES.

24-1 It is recognized that new types of land use will develop and forms of land use not anticipated may

seek to locate in the City of Lowry Crossing. In order to provide for such changes and

contingencies, a determination as to the appropriate classification of any new of [or] unlisted form

of land use shall be made as follows:

(1) The question concerning any new or unlisted use shall be referred to the Planning and

Zoning Commission for an interpretation as to the zoning classification into which such use

should be placed. The referral of the use interpretation question shall be accompanied by a

statement of facts listing the nature of the use and whether it involves dwelling activity,

sales, processing, type of product, storage and amount, and nature thereof, enclosed or open

storage, anticipated employment, transportation requirements, the amount of noise, odor,

fumes, dust, toxic material, and vibration likely to be generated and the general

requirements for public utilities such as water and sanitary sewer.

(2) The Planning and Zoning Commission shall consider the nature and described performance

of the proposed use and its compatibility with the uses permitted in the various districts and

determine the zoning district or districts within which such use should be permitted.

(3) The Planning and Zoning Commission shall transmit its findings and recommendations to

the City Council as to the classification proposed for any new or unlisted use. The City

Council shall by resolution approve the recommendation of the Planning and Zoning

Commission or make such determination concerning the classification of such use as is

determined appropriate based upon its findings.

(4) Standards for new and unlisted uses may be interpreted as those of a similar use. When

determination of the minimum requirements cannot be readily ascertained, the same process

outlined in paragraphs 1, 2, and 3 above shall be followed.

(Ordinance 110 adopted 8/3/99; Ordinance 195 adopted –/–/05)

§ 25. NONCONFORMING USES AND STRUCTURES.

25-1 A nonconforming status shall exist under the following provisions of this ordinance:

(1) When a use or structure which does not conform to the regulations prescribed in the district

in which such use or structure is located was in existence and lawfully operating prior to the

adoption of the previous Zoning Ordinance and has been operating since without

discontinuance.

(2) When on the effective date of this Ordinance, the use or structure was in existence and

lawfully constructed, located and operating in accordance with the provisions of the

previous Zoning Ordinance or which was a nonconforming use hereunder, and which use or

structure does not now conform to the regulations herein prescribed for the district in which

the use or structure is located.

25-2 No nonconforming use or structure may be expanded or increased beyond the lot or tract upon

which such nonconforming use is located as of the effective date of this ordinance except to

provide off-street loading or off-street parking space upon approval of the Board of Adjustment.

25-3 Repairs and normal maintenance may be made to a nonconforming building, provided that no

structural alterations or extensions shall be made except those required by law or ordinance,

unless the building is changed to a conforming structure.

25-4 Any nonconforming use may be changed to a conforming use and once such change is made, the

use shall not thereafter be changed back to a nonconforming use.

25-5 Where a conforming use is located in a nonconforming structure, the use may be changed to

another conforming use by securing a Certificate of Occupancy from the Building Official.

25-6 When a nonconforming use or business involving a permanent type structure is discontinued or

the structure vacated for a period of one (1) year, the nonconforming use shall be deemed

abandoned and such facts shall be construed as conclusive proof of intent to abandon the

nonconforming use. When a nonconforming use or business, not involving a permanent type

structure, is discontinued or moved from the premises for a period of six (6) months, the

nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive

proof of intent to abandon the nonconforming use.

25-7 If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire,

the elements or other cause, it may be rebuilt, reconstructed, or replaced, and continued as a

nonconforming structure or nonconforming use, only on the following conditions:

If it is rebuilt, reconstructed, or replaced, by the person owning the structure at the time of the

loss, and such action results in a structure equal to or better than the original structure. A person

purchasing the property after the loss and before the structure has been rebuilt, reconstructed or

replaced, may not rebuild, reconstruct or replace except to conform with the provisions of this

ordinance. This subsection notwithstanding a Mobile Home destroyed by fire, the elements, or

other cause, may not be replaced with another Mobile Home unless a variance is granted by the

Board Of Adjustment; but may be replaced with a Manufactured Home without the necessity of

obtaining a variance.

25-8 The Board of Adjustment may provide a termination date for a nonconforming use under a plan

whereby the owner’s actual investment in the structure(s) prior to 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 the structures on the property at the time the use became

nonconforming.

(2) The amount of the investment realized to date and the amount remaining, if any, to be

recovered during the amortization.

(3) The life expectancy of the investment.

(4) The existence or nonexistence of lease obligations, as well as any contingency clauses

therein permitting termination of such leases.

(5) Removal costs that are directly attributable to the establishment of a termination date.

(6) Other costs and expenses that are directly attributable to the establishment of a termination

date.

(Ordinance 110 adopted 8/3/99; Ordinance 195 adopted –/–/05)

§ 26. BOARD OF ADJUSTMENT.

26-1 The word “Board” when used in this section shall be construed to mean the Board of Adjustment

and the Administration Official shall mean the Building Inspector of the city.

26-2 Organization and Procedure:

(1) Establishment:A Board of Adjustment is hereby established in accordance with the

provisions of Article 211.008, Local Government Code, regarding the zoning of cities and

with the powers and duties as provided in said Code.

(2) Membership:Pursuant to Article 211.008(g) the members of the City Council shall have

the authority to act as the Board of Adjustment until such time as the Council shall appoint

a separate Board of Adjustment. If a separate board is so appointed the Board shall consist

of five citizens, each to be appointed or reappointed by the City Council for staggered

terms of two years. Each member of the Board shall be removable for cause by City

Council upon written charges and after a public hearing. Vacancies shall be filled by the

City Council for the unexpired term of any member whose office becomes vacant. Each

year after the appointment of new members to the board, the Board shall elect from among

its regular members a Chairman and a Vice-Chairman who will act in the absence of the

Chairman. The City Council may appoint two (2) alternate members of the Board who

shall serve in the absence of one or more regular members when requested to do so by the

Mayor or Chairman. An alternate member serves for the same period as a regular member

and is subject to removal in the same manner as a regular member. A vacancy among the

alternate members is filled in the same manner as a vacancy among the regular members.

(3) Rules and Regulations:The Board shall adopt rules in accordance with this ordinance and

keep minutes of its proceedings that indicate the vote of each member on each question or

the fact that a member is absent or fails to vote. The Board shall keep records of its

examinations and other official actions. The minutes and records shall be filed in the

board’s office and are public records and all meetings shall be open to the public.

(4) Meeting:Meetings of the Board shall be held at the call of the Chairman and at such other

times as determined by the Board. All meetings shall be open to the public. The chairman

or acting chairman may administer oaths and compel the attendance of witnesses.

(5) Each case before the Board must be heard by at least four members.

26-3 AUTHORITY OF BOARDThe Board Of Adjustment has the following authority:

(1) To 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. In

exercising the authority under this subsection, 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.

(2) To hear and decide special exceptions to the terms this zoning ordinance when this

ordinance requires the board to do so. In this regard the Board may grant only special

exceptions that are authorized to be granted by the terms of this ordinance.

(3) To authorize in specific cases a variance from the terms of this zoning ordinance if the

variance is not contrary to the public interest and, due to special conditions, a literal

enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of

the ordinance is observed and substantial justice is done.

(4) To hear and decide other matters authored by an ordinance of the City.

(5) To subpoena witnesses, administer oaths, and may require the production of documents.

26-4 The concurring vote of four members of the board is necessary to:

(1) Reverse an order, requirement, decision, or determination of an administrative official.

(2) Decide in favor of an applicant on a matter on which the board is required to pass under a

zoning ordinance.

(3) Authorize a variance from the terms of the zoning ordinance.

26-5 Appeal to Board

(1) Any of the following persons may appeal to the board of adjustment a decision made by an

administrative official:

a. a person aggrieved by the decision; or

b. any officer, department, board, or bureau of the municipality affected by the decision.

(2) The appellant must file with the board and the official from whom the appeal is taken a

notice of appeal specifying the grounds for the appeal. The appeal must be filed within a

reasonable time as determined by the rules of the board. 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.

(3) An appeal stays all proceedings in furtherance of the action that is appealed unless the

official from whom the appeal is taken certifies in writing to the board facts supporting the

official’s opinion that a stay would cause imminent peril to life or property. In that case, the

proceedings may be stayed only by a restraining order granted by the board or a court of

record on application, after notice to the official, if due cause is shown.

(4) The board shall set a reasonable time for the appeal hearing and shall give public notice of

the hearing and due notice to the parties in interest. A party may appear at the appeal hearing

in person or by agent or attorney. The board shall decide the appeal within a reasonable

time.

(Ordinance 110 adopted 8/3/99; Ordinance 195 adopted –/–/05)

§ 27. PLANNING AND ZONING COMMISSION.

27-1 There is hereby created and established a Planning and Zoning Commission for the city

consisting of not more than 7 regular members appointed by the governing body of the city. 1n

addition to the regular members, two alternate members of the Planning and Zoning Commission

may be appointed to serve in the absence of one or more regular members when requested to do

so by the Mayor or Chairman of the Planning and Zoning Commission.

27-2 (1) Each regular member of the Planning and Zoning Commission shall be appointed by the

governing body of the City. Each regular member and alternate member shall be a resident

of the city and shall forfeit his office should he cease to reside in the city during his term of

office. After the effective date of this ordinance, regular members and alternate members,

heretofore appointed under the preceding zoning ordinance, shall continue to serve as the

Planning and Zoning Commission for the remainder of their terms.

(2) Members of the Planning and Zoning Commission in office at the time of the adoption of

Ordinance No. _____ of the City shall, subject to the laws and ordinances applicable to such

members, continue to serve as Commission members until the expiration of their present

terms of office, or until their successors have been duly appointed. Upon the completion of

such members’ terms, members of the Planning and Zoning Commission shall be appointed

as follows: four (4) members shall be appointed as follows: four (4) members shall be

appointed to each serve a two (2) year term and three (3) members shall be appointed to

each serve a one (1) year term; upon the completion of the said one (1) year term, three (3)

members shall be appointed to serve a term of two (2) years; thereafter, all members of the

Planning and Zoning Commission shall serve a term of two (2) years. Vacancies of regular

and alternate membership on the Planning and Zoning Commission shall be filled for the

unexpired terms of office, by the governing body of the city. Alternate members may be

considered for vacancies of regular membership on the Planning and Zoning Commission.

27-3 A majority of the Planning and Zoning Commission shall constitute a quorum to do business.

27-4 All meetings of the Planning and Zoning Commission shall be public and the board shall keep

minutes of the proceedings showing the vote of each member upon each question coming before

the board. The minutes of the board shall be public record. Annually, the Planning and Zoning

Commission shall nominate one of its regular members to be the Chairman of the Planning and

Zoning Commission, which nomination shall be effective when presented to and approved by the

City Council; additionally, the Planning and Zoning Commission shall select one of its regular

members to be Vice-Chairman to act in the absence of the Chairman. During any term, the

Chairman may be removed by a majority vote of the City Council. If the City Council fails

to approve a nominee for Chairman or if a sitting Chairman is removed, then the procedure

described hereinabove shall be repeated. Meetings of the Planning and Zoning Commission may

be held as often as necessary to conduct the business of the board at the call of the Chair and at

such other times as the board may determine.

27-5 The Planning and Zoning Commission of the city shall have the following powers:

(1) To conduct, after notice as required by law, hearings required by this ordinance and the laws

of this state; to recommend to the governing body of the city the boundaries of the various

districts and appropriate regulations to be enforced therein; to recommend to the governing

body of the city the approval or denial of zoning changes sought under this ordinance or

initiated by the commission on its own motion or the governing body under its own motion.

(2) To hear, recommend, or determine any matter relating to zoning, planning, or subdivision

control, as may be specified or required under this ordinance, other ordinances of the city,

or the laws of the State of Texas.

(3) To exercise such duties and powers as may be now or hereafter conferred by this ordinance,

other ordinances of the city, or the laws of the State of Texas.

(4) Except in the case of a joint public hearing the governing body of the city shall not hold a

public hearing or take action on a zoning change or change to boundaries of the zoning

districts or the regulations of the zoning districts until it receives the final report of the

Planning and Zoning Commission. However, any public hearing required to be held by the

Planning and Zoning Commission or the Governing Body of the City by this ordinance or

the laws of this state, may be held jointly by the Governing Body and the Planning and

Zoning Commission. The governing body shall not, however, take any action at such joint

hearing until it has received the final report of the Planning and Zoning Commission.

(5) Notice of Public Hearings (See Section 28)

(Ordinance 110 adopted 8/3/99; Ordinance 195 adopted –/–/05)

§ 28. CHANGES AND AMENDMENTS.

28-1 AMENDMENTS MADE BY ORDINANCEThe City Council may by ordinance amend,

supplement, or change the boundaries of the use districts; the use designation of any property; or

the regulations, standards, or requirements, of this ordinance. Any such proposed change shall

be first submitted to the Planning and Zoning Commission for public hearing and its

recommendation and report.

28-2 PETITIONS FOR AMENDMENTSAny person, corporation, or group of persons having a

proprietary interest in any property, may petition the City Council for a zoning change or

amendment to the provisions of this ordinance. The Planning and Zoning Commission may, on

its own motion, institute proposals for changes and amendments. All petitions for a zoning

change shall bear the signature of the owners of the property that is the subject of the request.

28-3 PUBLIC HEARINGSThe zoning process is conducted as a public hearing that should be opened

and closed. Within the public hearing there is public input portion of the hearing which should

be opened and closed.

(1) PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSIONAfter

public notice has been given pursuant to Section 28-4(1) a public hearing shall be held by

the Planning and Zoning Commission on any proposed change in zoning classification as

well as any proposed amendment to the zoning regulations of any zoning district.

The Planning and Zoning Commission shall first make a preliminary report and then hold

its public hearings on that report before submitting a final report to the City Council

When the zoning change request is by petition, the preliminary report shall be the request as

stated in the notice of public hearing. When the Planning and Zoning Commission makes a

study and initiates a change or amendment on its own motion, or at the request of the City

Council, the preliminary report shall be that stated in the notice of public hearing. Upon

completion of the public hearing the Planning and Zoning Commission shall submit its final

report and recommendation to the City Council[.]

When all public input has been received the public input portion of the hearing shall be

closed. Thereafter, the Commission shall consider the matter and make its recommendation

to the City Council in the form of a final report. After the public input portion of the public

hearing has been closed the public may not thereafter be recognized for the purpose of

adding additional argument or input, however, the Commission may ask questions of any

person and receive additional information in response to questions. After public input has

been closed and the Commission has no further questions, a motion should be made to close

the public hearing. Thereafter the Commission may deliberate and vote on its final report to

the City Council which shall be in the form of a recommendation.

(2) PUBLIC HEARING BEFORE THE CITY COUNCILThe City Council, except in the case

of a joint public hearing, may not hold its public hearing until it receives a final report

from the Planning and Zoning Commission and even in the case of a joint public hearing

may not take action on the matter until it receives the final report of the Planning and

Zoning Commission.

After proper notice by publication pursuant to Section 28-4(2), the Council opens the

public hearing and usually calls upon staff to summarize the proposed zoning change or

amendment. This is usually followed by the applicant’s presentation. The Council then

opens the public input portion of the public hearing. When all public input has been received

the public input portion of the hearing shall be closed. After the public input portion of the

public hearing has been closed the public may not thereafter be recognized for the purpose

of adding additional argument or input, however, the Council may ask questions of any

person and receive additional information in response to questions. When the Council has

no further questions, a motion should be made to close the public hearing. Thereafter the

Council may deliberate and take appropriate action.

The City Council usually acts on a zoning change or amendment by following a two-step

process.

The first step is to take action on the matter by either (i) denial of the zoning change or

amendment; (ii) approval of a zoning change or amendment; or (iii) approval of a zoning

change different from that requested, that is more restrictive or at least as restrictive, as that

stated in the public notice. Only a majority vote of the council present and voting is required

for this first step.

The second step is the adoption of an ordinance granting or making the change where

appropriate. This second step, adoption of the ordinance, usually requires only a majority

vote of those present and voting, however, under certain circumstances a 3/4 vote of all the

members of the City Council is required to approve the zoning change or amendment, (See

section 24-5 [28-5]).

(3) THE JOINT PUBLIC HEARINGThe Planning and Zoning Commission are hereby

authorized to hold Joint Public hearings. If a joint public hearing is called the Planning and

Zoning Commission and the City Council shall hear all matters jointly. When all public

input has been received the public input portion of the hearing shall be closed. Thereafter,

the Commission shall consider the matter and make its recommendation to the City

Council in the form of a final report. After receiving the final report the City council shall

consider the matter and take any appropriate action. Although the public input portion of

the hearing is closed the public hearing continues until the public hearing is closed by the

City Council. The City Council may not continue with the public hearing or take action on

the matter until it receives the final report of the Planning and Zoning Commission.

If the Commission makes its report/recommendation at the same meeting the Council may

then proceed, keeping in mind that the public input portion of the hearing has been closed.

If either the Commission or the Council fails to conclude the matter at the first meeting the

public hearing portion of the meeting shall be recessed and continued to a certain date and

time that shall be announced to all those attending the meeting.

28-4 NOTICE OF PUBLIC HEARINGS

(1) NOTICE OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING

COMMISSIONBefore the 10th day before the hearing date, written notice of each public

hearing before the zoning commission on a proposed change in a zoning classification

shall be sent to each owner, as indicated by the most recently approved municipal tax roll,

of real property within 200 feet of the property on which the change in classification is

proposed. The notice may be served by its deposit, properly addressed with postage paid,

in the United States mail. If the property within 200 feet of the property on which the

change is proposed is located in territory annexed to the municipality and is not included

on the most recently approved municipal tax roll, the notice shall be given by publication

published in the official newspaper at least 15 days before the date of the hearing.

(2) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCILNotice of the public

hearing to be held by the City Council, before adopting any proposed amendment,

supplement or change, shall be published once in the official newspaper of the City at least

Fifteen (15) days before the date of the hearing.

(3) NOTICE OF PUBLIC HEARING FOR JOINT PUBLIC HEARINGWhere the public

hearing is to be a Joint Public hearing before the Planning and Zoning Commission and the

City Council, the joint notice shall be mailed in time to give each owner, as indicated by

the most recently approved municipal tax roll, of real property within 200 feet of the

property on which the change in classification is proposed, 10 days’ notice, and the joint

notice shall be published at least 15 days before the date of the hearing in the official

newspaper of the City.

28-5 THREE-FOURTHS VOTE OF CITY COUNCIL (When Required)If such proposed

amendment, supplement, or change has been denied by the Planning and Zoning Commission,

or if a written protest against such proposed amendment, supplement or change has been filed

with the City Secretary, duly signed and acknowledged by the owners of twenty (20) percent or

more, either of the area of the lots or land included in such proposed change, or those

immediately adjacent to and extending two hundred (200) feet therefrom, such amendment shall

not become effective except by a three-fourths (3/4) vote of all the members of the City Council,

to wit:

3/4 of 5 (full council consisting of members eligible to vote) = 3+ or 4 required votes.

3/4 of 4 (one vacancy on the 5 member council, not a mere absence) = 3 required votes.

(Ordinance 110 adopted 8/3/99)

§ 29. APPLICATION FOR ZONING CHANGE AND FILING FEES.

29-1 Any person, firm or corporation requesting a change of zoning from one district classification to

another district classification shall make an application in writing to the Planning and Zoning

Commission, and shall submit the following information with such request:

(1) A clearly typed legal description of the land on which a zoning change is requested, together

with the local street address, if any.

(2) Name and address of the owner or owners of the property, [and] the name and address of

the person making the application. If the application is made by anyone other than the owner

or owners, the application must contain a statement that the applicant is authorized to act

for the owner pursuant to an attached statement in writing signed by the owner or owners of

the property authorizing the applicant to make such application on their behalf.

(3) The specific district use requested and the specific district use under which the property is

regulated at the time of making the application.

(4) A scale drawing showing the property and any proposed public or private streets and alleys;

building sites or building lots; any areas proposed for dedication or reserved as parks,

parkways, playgrounds, utility and garbage easements, school sites, street widening, street

changes; the points of ingress and egress from existing public streets; an accurate survey of

the boundary of tract and topography with a contour interval of not less than five (5) feet, or

spot grades where the relief is limited.

(5) Where multiple types of land use are proposed, a land use plan delineating the specific areas

to be devoted to various uses shall be required.

(6) Where Building Complexes are proposed, a site plan showing the location of each building

and the minimum distance between buildings, and between buildings and the property line,

street lane and/or alley line shall be submitted. For buildings more than one 1 story in

height, except single-family and two-family residences, elevations and/or perspective

drawings may be required in order that the relationship of the buildings to adjacent property,

open spaces and to other features of the development plan may be determined. Such

drawings need only indicate the height, number of floors and exposures for access, light and

air.

(7) A plan indicating the arrangement and provision of off-street parking and off-street loading

where required. Such a plan may be presented as a ratio of off-street parking and off-street

loading area to building area when accompanied by a typical example indicating the

feasibility of the arrangement proposed and when the areas where the example would be

applied are shown on the drawing of the entire site. Any special traffic regulation facilities

proposed or required to assure the safe function of the circulation plan shall also be shown.

(8) A designation of the maximum building coverage of the site shall be indicated upon the site

plan.

(9) Screening and landscaping plan shall be required where such treatment is essential to the

proper arrangement of the development in relation to adjacent property. Such plan shall

when required include screening walls, ornamental planting, playgrounds, wooded areas to

be retained, lawns and gardens if such are determined as necessary by the City Council.

(10) Any other information concerning the property as may be required by the Planning and

Zoning Commission or the City Council.

29-2 Upon the filing of an application for a change in zoning with the Planning and Zoning

Commission, the applicant shall pay to the city the basic filing fee established by the City Council

in an amount to cover all of the City’s costs including the cost of publication and mailing of

notices and any outside engineering costs. An additional filing fee may be required if the

applicant requests or causes a hearing to be rescheduled thereby causing additional costs for

publication or otherwise.

(Ordinance 110 adopted 8/3/99)

§ 30. SPECIAL DEFINITIONS.

30-1 Certain words in this Ordinance not heretofore defined are defined as follows: Words used in the

present tense include the future; words in the singular number include the plural number, and

words in the plural number include the singular number; the word “building” includes the word

“structure”; the word “lot” includes the words “plot” or “tract”; the word “shall” is mandatory

and not discretionary; and the words or terms “Special Use Permit” and “Specific Use Permit”

have the same meaning and are interchangeable.

Accessory Building or Use: One which: (a) is subordinate to and serves a principal use; and (b)

is subordinate in area, extent, or purpose to the principal building or principal use served; and

(c) contributes to the comfort, convenience and necessity of occupants of the principal building

or principal use served; and (d) is located on the same building lot as the principal use served.

“Accessory” when used in the text shall have the same meaning as accessory use. An accessory

building may be a part of the principal building. Servant’s quarters, as defined, are an accessory

building or use.

Alley: A public right-of-way which affords a secondary means of access to abutting property.

Alterations: Any change, addition, or modification in construction, [or] any change in the

structural members of a building, such as walls or partitions, columns, beams or girders, the

consummated act of which may be referred to herein as “altered” or “reconstructed.”

Apartment: A dwelling unit in an apartment building occupied as a place of residence.

Apartment Building: An “apartment building” is a building or any portion thereof, which contains

three or more dwelling units, located in the same building lot. An apartment building is a

multifamily dwelling.

Auto Laundry: A building, or portion thereof containing facilities for washing automobiles

using automated methods including chain conveyor, blower, steam cleaning device, or other

mechanical devices. A self-service type carwash is an auto laundry.

Automobile Repair, Major: Major repair, rebuilding, or reconditioning of engines or

transmissions for motor vehicles; wrecker service with vehicle storage; collision services

including body, frame or fender straightening or repair; customizing; overall painting or paint

shop; those uses lasted under “Automobile Repair, Minor”; and other similar uses.

Automobile Repair, Minor: Minor repair or replacement of parts, tires, tubes, and batteries;

diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing;

tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts;

mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and

making minor repairs necessary to pass said inspection; servicing of air-conditioning systems,

and other similar minor services for motor vehicles except heavy load vehicles, but not including

any operation named under “Automobile Repair, Major” or any other similar use.

Awning: A roof-like cover of a temporary nature that projects from the wall of a building.

Bakery: A place for preparing, baking and selling all products on the premises where prepared.

Basement: A story wholly or partly (at least 50 percent) measured from floor to ceiling, below the

level of the ground on the street side of the building. A basement or cellar is not counted when

measuring the height of a building.

Block: A tract of land bounded by streets, or by a combination of streets and public parks,

cemeteries, railroad rights-of-way, highways, streams, or corporate boundary lines. There may be

more than one numbered block as shown on a plat falling within a single block as herein defined.

Block Face: A word used as a term of measurement. It shall mean the distance along a side of a

street between the nearest two streets which intersect said street on the said side.

Board: Shall mean the Board of Adjustment established in Section 26 of this Ordinance.

Build: To erect, convert, enlarge, reconstruct, or alter a building or structure.

Buildable Width: Of a building site is the width of the building site left to be built upon after the

required side yards are provided.

Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels,

or movable property of any kind.

Building, Detached: A building surrounded by yards or open space on the same building lot.

Building Height: See Height.

Building Line: The rear line of a required front yard which is generally parallel to the street line

forming the front lot line.

Building Lot: A single tract of land located within a single block which (at time of filing for a

building permit) is designed by its owner or developer as a tract to be used, developed, or built

upon as a unit, under single ownership or control. It shall front upon a street or approved place.

Therefore, a “building lot” may be subsequently subdivided into two or more “building lots,” and

a number of “building lots” may be cumulated into one “building lot,” subject to the provisions

of this Ordinance and the Subdivision Ordinance.

Building, Mixed: A building used partly for residential use and partly for community facility and/

or commercial use. A mixed building is a commercial use.

Building Official: The administrative official charged with responsibility for issuing permits and

enforcing the Zoning Ordinance and Building Code.

Building, Principal: A building in which the principal use of the lot, on which it is located, is

conducted. All residential uses, except bona fide servant’s quarters, are principal uses.

Building, Residential: A building which is arranged, designed, used, or intended to be used for

residential occupancy by one or more families or lodgers.

Carport: A structure open on a minimum of three (3) sides designed or used to shelter the owner’s

vehicle(s), not to exceed twenty-four (24) feet on its longest dimension.

Cellar: See Basement

Certificate of Occupancy or Compliance: An official certificate issued by the City through the

enforcing official which indicates conformance with or approved conditional waiver from the

Zoning Regulations and authorizes legal use of the premises for which it is issued.

City: Shall mean the City of Lowry Crossing, Texas

City Council: The governing body of the City of Lowry Crossing, Texas

Cleaning: A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area.

Clinic: The office of one or more medical doctors, dentists, optometrists, or similar members of

the medical professions who may or may not have associated in the practice of their professions.

Clustering: A land development concept whereby the buildings on a site are grouped closely

together but not attached to allow for communal open space and economies in development.

Clustering permits variation in lot size, shape and orientation without an increase in the overall

density of the development.

College or University: An institution established for educational purposes and offering a

curriculum similar to the public schools or an accredited college or university, but excluding trade

and commercial schools.

Community Club: any club, (other than a private club), service club, sorority, fraternity, lodge or

other private organization or club where alcoholic beverages are not served pursuant to a private

club permit issued by the State of Texas.

Concrete Block: Any of the molded load-bearing or non-load-bearing concrete units normally 8"

x 8" x 16".

Convalescent Home: Any structure used for or customarily occupied by persons recovering from

illness or suffering from infirmities of age.

Convenience Store: A small, drive-up type store which usually sells groceries.

Court: An open, unoccupied space, bounded on more than two sides by the walls of a building.

An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is

a court having one side open to a street, alley, yard, or other permanent open space.

Coverage: The percent of a lot or tract covered by the first floor or the largest floor of a

building or structure whichever is larger, including all covered porches, patios, garages, accessory

buildings, etc. Unsupported roof overhangs and other allowed architectural projections shall be

excluded from coverage computation.

Cumulative Zoning: The successive addition of uses allowed in more restrictive zoning districts

to lesser restrictive zoning districts.

Curb line: A line created by following the edge of the street or curb.

Custom Personal Service: A tailor, shoe repair, barber, beauty shop, health studio or travel

consultant.

Day Nursery or Day Care Center: An establishment where four (4) or more children are left for

care or training during the day or portion thereof.

Density: The relationship of the total number of dwelling units to the area of the total site area

commonly expressed as “dwelling units per acre.”

Depth of Lot: The mean horizontal distance between the front and rear lot lines. See illustration

#12.

Development, or the [to] Develop: The construction of a new building or any structure on a

building lot, the relocation of an existing building on another building lot, or the use of open land

for a new use. To “develop” is to create a development.

District: A zoning district which is a part of the City wherein regulation of this Ordinance is

uniform.

Dwelling, Multiple-Family: Any building or portion thereof, which is designed, built, rented,

leased, or let to be occupied as three or more dwelling units or apartments or which is occupied

as a home or residence of three or more families.

Dwelling, One-Family: A dwelling having accommodations for and occupied by not more than

one family, or by one family and not more than four (4) boarders and lodgers.

Dwelling, Two-Family: A dwelling having separate accommodations for and occupied by not

more than two families, or by two families and not more than four (4) boarders and lodgers. (Two

boarders or lodgers to each unit.)

Dwelling Unit: A building or portion of a building which is arranged, occupied, or intended to be

occupied as living quarters of a family and including facilities for food preparation and sleeping.

Equestrian center: means a building and related facilities for the boarding of horses, the training

of horses and the riders thereof, and the staging of equestrian events, but does not include the

racing of horses.

Event Center: An establishment that is leased on a temporary basis before the event by individuals

or groups who reserve the facility to accommodate private functions, including but not limited

to banquets, weddings, anniversaries, receptions, business organizational meetings, and other

similar functions, to which the general public is not admitted and for which no admission charge

is imposed. Such establishments may include kitchen facilities for the preparation of food and

areas for dancing, dining and other entertainment activities. An event center does not include a

game room, bar, pool hall, dance hall, night club or concert hall.

Family: Consists of one or more persons, each related to the other by blood, marriage, or

adoption; or a group of not more than four persons (excluding servants) who are living together

in a dwelling unit.

Farm: An area of five (5) acres or more which is used for growing of usual farm products,

vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm

animals such as horses, cattle and sheep and including the necessary accessory uses for raising,

treating and storing products raised on the premises, but not including the commercial feeding of

offal or garbage to swine or other animals and not including any type of agriculture or husbandry

specifically prohibited by ordinance or law.

Floor Area: The total square feet of floor space within the outside dimensions of a building

including each floor level, but excluding cellars, carports, or garages.

Floor Area Ratio (FAR): An indicated ratio between the number of square feet of total floor area

in the main building(s) on a lot and the total square footage of land in the lot; it is the number

resulting from dividing the main building floor area by the lot area. (See Appendix Illustration

No. 15)5

Garage, Private: An accessory building designed or used for the storage of motor vehicles owned

and used by the occupants of the building to which it is necessary [accessory].

Garage, Public: A building or portion thereof, other than a private or storage garage, designed or

used for storing motor-driven vehicles.

Gasoline Station or Filling Station: Any building or premises used for the dispensing, sale, or

offering for sale at retail of any automobile fuels or oils. If the dispensing, sale or offering for

sale is incidental to a public garage, the premises shall be classified as a public garage.

Greenhouse: A structure made of semi-transparent or transparent top and side coverings, to be

used for growing. Flooring may be impermeable and permeable.

Gross Acreage: The total size of the property including floodplains, easements, and other non-

buildable areas located on the property.

Health Service: A charitable or government operated facility offering to the public medical

examinations, diagnosis and limited treatment not for profit.

Heavy Load Vehicle: A self-propelled vehicle having a load capacity greater than one and

one-half (1-1/2) tons, such as large recreation vehicles, tractor-trailers, buses, and other similar

vehicles; the term “truck” shall be construed to mean “heavy load vehicle” unless specifically

stated otherwise.

Height: The vertical distance of a building measured from the average established grade at the

street line or from the average natural front yard ground level, whichever is higher, to (1) the

highest point of the roof’s surface if a flat surface, (2) to the deck line of mansard roofs or,

(3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event,

excluding chimneys, cooling towers, elevator bulk heads, penthouses, tanks, water towers, radio

towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in

height. If the street grade has not been officially established, the average front yard grade shall be

used for a base level.

Home occupations: A business, occupation, or profession conducted within a residential dwelling

unit by the resident thereof, and which shall have the following characteristics and must comply

with health, safety, party, noise, and other ordinances, this is to acknowledge permitted

commercial business in residential districts.

  1. Storage of materials or equipment, behind the primary dwelling.
  2. Traffic or parking of vehicles must have adequate driveway space.
  3. Must follow compliance of ordinances for health and safety, smoke, dust, noise, fumes,

glare, vibration, electrical disturbances, etc.

  1. A sign limited to identifying the business with a maximum size limited to 1 foot by 2 foot

placed near the address marker, often the mailbox.

  1. Visits by the general public must follow ordinances related to parking and loading.
  2. Violation of ordinances, therefore gives cause of the city to order and cease to all
  3. Editor's Note: The Appendix Illustrations are included as an attachment to this chapter.

commercial activity, or other remedy applicable by law.

Hospital: A legally authorized institution in which there are complete facilities for diagnosis,

treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have

some but not all of these facilities.

Hotel: An establishment offering lodging to the transient public for compensation. A hotel is

distinguished from a motel in that access to the majority of the guest rooms is through a common

entrance and lobby. A hotel is a nonresidential use.

Household Appliance Service and Repair: An enclosed facility for repair of household and home

equipment, including appliances, lawnmowers, power tools, radios, TV and similar items.

Junk or Salvage Yard: A lot upon which waste or scrap materials are bought, sold, exchanged,

stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals,

paper, rags, rubber tires and bottles. A “junkyard” includes an automobile wrecking yard and

automobile parts yard. A “junkyard” does not include such uses conducted entirely within an

enclosed building.

Landscaping Contractors Yard: A lot upon which landscaping items such as trees, plants and

shrubs may be stored for future sale.

Loading Space: A space within the main building or on the same lot therewith, providing for the

standing, loading or unloading of trucks, and having minimum dimensions of twelve (12) by sixty

(60) feet for industrial and warehouse uses and twelve (12) by thirty (30) feet for commercial,

retail and institutional uses with a vertical clearance of at least fourteen (14) feet, together with

access and maneuvering areas provided on the same building lot as the principal use for which

the loading space is intended.

Lot Area: The area of a horizontal plane intercepted by the vertical projections of the front, side,

and rear lot lines of a building lot. (See Appendix Illustration No. 12)6

Lot Area per Dwelling Unit: The lot area required for each dwelling unit located on a building

lot.

Lot, Corner: A building lot situated at the intersection of two streets, the interior angle of such

intersection not to exceed 135 degrees.

Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a

building lot measured at the respective midpoints of the front lot line and rear lot line within the

lot boundary. (See Appendix Illustration No. 12)7

Lot Line: A boundary of a building lot.

Lot Line, Front: That boundary of a building lot which is the line of an existing or dedicated

street. Upon corner lots either street line may be selected as a front lot line providing a front and

rear yard are provided adjacent and opposite, respectively, to the front lot line. (See Appendix

Illustration No. 11)

Lot Line, Rear: That boundary of a building lot which is most distant from and is, or is most

nearly, parallel to the front lot line.

Lot Line, Side: That boundary of a building lot which is not a front lot line or a rear lot line.

  1. Editor's Note: The Appendix Illustrations are included as an attachment to this chapter.
  2. Editor's Note: The Appendix Illustrations are included as an attachment to this chapter.

Lot of Record: An area of land designated as a lot on a plat of a subdivision recorded, pursuant to

statutes of the State of Texas, with the County Clerk or an area of land held in single ownership

described by metes and bounds upon a deed recorded of [or] registered with the County Clerk.

Lot, Reverse Corner: A corner lot, rear lot line of the street which abuts the side lot line of the lot

to its rear.

Lot, Through: A “double frontage” lot is a building lot not a corner lot, both the front and rear lot

lines which adjoin street lines. On a “through lot” both street lines shall be deemed front lot line.

Lot Width: The minimum distance between the side lot lines of a building lot measured along a

straight line at the rear of the required front yard and parallel to the street line or a line tangent

thereto. (See Appendix Illustration No. 11)

Manufactured Home: A term sometimes used to describe a HUD-code manufactured home of

[or] a Federal Manufactured Home. See Section 18-11 for definitions of HUD-code manufactured

home and Federal Manufactured Home. A manufactured home shall not be construed to be a

mobile home.

Masonry: Brick, stone, concrete or other similar materials but excluding stucco and “concrete

blocks.” The masonry requirement shall be computed for the area from the foundation to the top

plate of the first floor and from plate to plate for each floor above the first.

Mobile Home: See Section 81-10 [18-10] for definition

Mobile Home Park: Any premises on which two or more mobile homes are parked or situated

and used for living or sleeping purposes, or any premises used or held out for the purpose of

supplying to the public a parking space for two or more mobile homes whether such vehicles

stand on wheels or on rigid supports. A trailer park is a mobile home park.

Modular Home: A name sometimes used for describing a Manufactured Home. See Section

18-11. A modular home is a residential use. A mobile home shall not be construed to be a modular

home.

Motel, Motor Hotel, or Tourist Court: An establishment offering to the transient public the use

of guest rooms or sleeping accommodations for compensation. Such an establishment consists of

a group of attached or detached guest rooms or sleeping accommodations the majority of which

have private and direct access from parking areas not through common entrance and lobby. The

establishment furnishes customary hotel services and many contain a restaurant, club, lounge,

banquet hall and/or meeting rooms. A motel is a nonresidential use.

Motorcycle: A usually two-wheeled self-propelled vehicle having one or two saddles or seats,

and may have a side car attached. For purposes of this ordinance, motor bikes, motor scooters,

mopeds, and similar vehicles are classified as motorcycles.

Motor Freight Terminal: A building or area in which freight brought by motor truck is assembled

and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight

terminal is a truck terminal.

Net Acreage: The total buildable area of a lot. Net acreage shall not include floodplain area,

public rights-of-way, or other areas where buildings cannot be located.

Nonconforming Use: Any building or land lawfully occupied by a use at the time of the adoption

of this Ordinance or amendments thereto, not permitted by the use regulations, lot requirements

or other regulations of this Ordinance of the district in which it is attained [maintained].

Noxious Matter: A material which is capable of causing injury to living organisms by chemical

reaction or is capable of causing detrimental effects upon the physical or economic well-being or

comfort of humans.

Occupancy: The use or intended use of the land or buildings by proprietors or tenants.

Open Space: That part of a building lot, including courts or yards, which:

  1. Is open and unobstructed from its lowest level to the sky, and
  2. Is accessible to all residents upon a building lot, and
  3. Is not part of the roof of that portion of the building containing dwelling units.

Open Storage: The storage of any equipment, machines, commodities, raw, semi-finished

materials, and building materials, not accessory to a residential use which is visible from any

point on the building lot line when viewed from ground level to six feet above ground level.

Package Store. A retail establishment that sells liquor, malt beverages, and vinous liquors, as

those terms are defined or described by the Texas Alcoholic Beverage Code, to the public for the

purpose of off-premise consumption only.

Parking Space: An enclosed or unenclosed all-weather surfaced area not on a public street or

alley, together with an all-weather surfaced driveway connecting the area with a street or alley

permitting free ingress and egress without encroachment on the street or alley. Any parking

adjacent to a public street wherein the maneuvering is done on the public street shall not be

classified as off-street parking in computing the parking area requirements for any use.

Patio Home: A single-family detached dwelling unit on an individually platted lot. The structure

is situated on or near one side lot line to facilitate use of the remaining side yard on the opposite

side of the building.

Planning and Zoning Commission: The agency appointed by the City Council as an advisory

body to it and which is authorized to recommend changes in the zoning and review of subdivision

plats.

Planning Director: The administrative official responsible for the administration of this ordinance

during the platting and/or rezoning process.

Plat: A plan of a subdivision of land creating building lots or tracts and showing all essential

dimensions and other information essential to comply with the subdivision standards of the City

of Lowry Crossing subject to review by the Planning and Zoning Commission and approval by

the City. Reference to a Plat in the ordinance means an official Plat of Record which has been

reviewed by the Planning and Zoning Commission and approved by the City and filed in the plat

records of Collin County.

Premises: Land together with any buildings or structures occupying it.

Private Club: a club where alcoholic beverages belonging to members of the club are stored,

possessed, mixed on the club premises and served for on-premises consumption to members of

the club, their families and guests pursuant to a private club permit issued by the State of Texas.

Public Park: Any publicly owned park, playground, beach, parkway, greenbelt, or roadway

within the jurisdiction and control of the City.

Recreation Area: A privately owned park, playground, or open space maintained by a community

club, property owners’ association, or similar organization.

Residential Structure: Any single-family, multifamily, or apartment building, condominium

project, town home, [or] zero lot line home as defined by the Federal Department of Housing and

Urban Development.

Rest Home or Nursing Home: A private facility for the care of children or the aged or infirm or a

place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical

care or the treatment of disease or injury.

Retail Stores and Shops: Facilities which offer all types of consumer goods for sale, but excluding

the display and sale in the open, outside a building, of new or used automobiles, heavy machinery,

building materials, used appliances, furniture or salvage materials.

School: A school under the sponsorship of a public or religious agency having a curriculum

generally equivalent to public elementary or secondary schools, but not including private or trade

or commercial schools.

Screening Device: A “screening device” shall consist of a barrier of stone, brick, uniformly

colored wood, or other permanent material of equal character and density, as approved by the

planning and zoning commission, no less than six (6) feet in height and no more than eight (8)

feet in height.

Servant Quarters: Servant quarters for persons in the employ of the family occupying the

principal structure and their main income is derived from working on the property.

Story: That part of a building between the surface of a floor and the ceiling immediately above.

A standard story is eleven feet six inches (11'6").

Street: A public right-of-way which affords a primary means of access to abutting property. A

driveway or alley which serves only to give secondary vehicular access to a building lot or to an

accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the

entrance to a building shall not be considered a street.

Street Line: A “street line” is the right-of-way of a street.

Street, Private: A street which has no publicly dedicated right-of-way.

Stucco: A continuous plaster or mortar exterior veneer, finished by hand troweling over wire lath.

Tennis or Swim Club: A private recreational club with restricted membership, usually of less area

than a Country Club, but including a clubhouse and swimming pool, tennis courts and similar

recreational facilities, none of which are available to the general public.

Top Plate Line: That point at which the ceiling plane of the uppermost story intersects the vertical

wall plane.

Townhouse: attached single-family dwelling units on individually platted lots.

Toxic Materials: Those materials which are capable of causing injury to living organisms by

chemical means when present in relatively small amounts.

Use: The purpose or activity for which the land, or building thereon, is designed, arranged, or

intended, or for which it is occupied or maintained, and shall include any manner of such activity

with respect to the standards of this ordinance.

Use, Principal: The main use of land or buildings as distinguished from a subordinate or

accessory use.

Video Amusement: Arcade and other commercial indoor coin-operated amusement facility.

Visual Screen: A wall, not of living plant material, permanently affixed to the ground in which

the area of all openings and cracks in each square foot of wall is of sufficient height [sic] so that

the objects being screened are not visible from any point on the lot line when viewed from any

height between ground level and six (6) feet above ground level. No wall shall exceed eight (8)

feet in height.

Wholesale Sale of Alcoholic Beverages: An establishment that sells, for wholesale (non-retail)

purposes only, liquor, malt beverages, and vinous liquors, as those terms are defined or described

by the Texas Alcoholic Beverage Code, for the purpose of off-premise consumption only.

Yard: An open space on the same building lot with a building, unoccupied and unobstructed by

any portion of a structure from the ground upward, except as otherwise provided. In measuring

a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the

depth of a front yard, the minimum horizontal distance between the building site and the lot line

shall be used. A “yard” extends along a lot line and at right angles to such lot line to a depth or

width specified in the yard regulations of the zoning district in which such building is located.

(See Appendix Illustration No. 13)8

Yard, Front: A yard extending along the whole length of the front lot line between the side lot

lines, and being the minimum horizontal distance between the street line and the main building

or any projections thereof other than steps, planter box, unenclosed porches, and driveways. (See

Appendix Illustration No. 13)

Yard, Rear: A yard extending across the rear of a lot between the side lot lines and being the

minimum horizontal distance between the rear lot line and the rear of the principal building or

any projections thereof other than steps, unenclosed balconies, unenclosed porches, or driveways.

Yard, Side: An open unoccupied space on the same lot with the building, situated between the

building and the side property line of the lot, and extending through to the street or the front

property line. (See Appendix Illustration No. 13)

Zoning District Map: The map or maps incorporated into this ordinance as a part thereof by

reference thereto.

(Ordinance 110 adopted 8/3/99; Ordinance 178 adopted 1/6/04; Ordinance 235, sec. 2(C), adopted 9/

27/11; Ordinance 308, sec. 1, adopted 7/10/18; Ordinance 308, sec. 2, adopted 7/10/18; Ordinance

378 adopted 10/8/2024)

§ 31. PRESERVING RIGHTS.

31-1 PRESERVATION OF RIGHTS IN PENDING LITIGATION AND PRESERVATION OF

VIOLATIONS UNDER EXISTING ORDINANCESBy 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. It is further the

intent and declared purpose of this Ordinance that no offense committed, and no liability,

penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning

ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by

such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may

be instituted or causes presently pending proceeded with in all respects as if such prior

ordinance had not been repealed.

31-2 PRESERVATION OF RIGHTS OF PROPERTY OPERATING UNDER AN EXISTING

  1. Editor's Note: The Appendix Illustrations are included as an attachment to this chapter.

§ 31 ZONING ORDINANCE

SPECIAL USE ZONING DISTRICT CLASSIFICATIONThe Special Use Zoning District

Classification of any property lawfully in existence at the time of the adoption of this ordinance

shall be brought forward as a conforming Special Use, subject to the same conditions and

regulations that were imposed at the time of the grant of the special use classification pursuant

to the zoning ordinance in effect at the time of the adoption of this ordinance.

(Ordinance 110 adopted 8/3/99)

§ 32. REPEALING CLAUSE.

32-1 Except as herein provided City of Lowry Crossing Ordinance No. 26b is specifically repealed.

All other ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed.

(Ordinance 110 adopted 8/3/99)

§ 33. PENALTY FOR VIOLATIONS.

33-1 Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed

guilty of a misdemeanor and upon conviction, shall be punished by a penalty of fine not to exceed

the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such

offense continues shall constitute a new and separate offense.

(Ordinance 110 adopted 8/3/99)

§ 34. VALIDITY.

34-1 If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be

adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance

as a whole or any part or provision thereof other than the part so decided to be invalid or

unconstitutional.

(Ordinance 110 adopted 8/3/99)

§ 35. EFFECTIVE DATE.

35-1 This ordinance shall take effect immediately from and after publication of its caption, as the law

in such cases provides.

(Ordinance 110 adopted 8/3/99)

LOWRY CROSSING CODE

Appendix A

FEE SCHEDULE

ARTICLE A1.000 § A3.005. New construction.

GENERAL PROVISIONS § A3.006. Additions and alterations/

remodel.

§ A1.001. Fees established; waiver or

§ A3.007. Reinspection fees.

reduction.

§ A3.008. Signs.

§ A1.002. Fees not listed; conflicting

provisions. § A3.009. Miscellaneous construction

related fees.

§ A1.003. Noncompliance penalty.

§ A1.004. Credit/debit card convenience

fee. ARTICLE A4.000

BUSINESS RELATED FEES

ARTICLE A2.000 § A4.001. Temporary sales/seasonal

ADMINISTRATIVE FEES (excludes fireworks).

§ A4.002. Fireworks stand/sales.

§ A2.001. Public records charges.

§ A2.002. Appeal boards.

ARTICLE A5.000

SUBDIVISION AND ZONING FEES

ARTICLE A3.000

BUILDING, CONSTRUCTION AND FIRE § A5.001. Platting fees.

PREVENTION RELATED FEES

§ A5.002. Zoning fees.

§ A3.001. Registration of contractors.

§ A3.002. Plan review. ARTICLE A6.000

UTILITIES

§ A3.003. Addendum or plan redraw.

ARTICLE A1.000

GENERAL PROVISIONS

§ A1.001. Fees established; waiver or reduction.

The fees herein are to be collected on behalf of the city for the listed permits or services. Such fees are

established to cover the city’s costs where such services are required for permit issuance, plan review,

investigation, inspection, reinspection and approval. The city council shall have full discretion to waive

or reduce any fee should the council find that such waiver or reduction is required or desirable because

of special circumstances.

(Ordinance 321, sec. 1, adopted 7/9/19; Ordinance 341, sec. 1, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A1.002. Fees not listed; conflicting provisions.

It is the purpose of this fee schedule to list in one master fee schedule the fees and charges to be

collected on behalf of the city for permits and services; however, the adoption of this amended master

fee schedule is not intended to repeal or abolish any fee properly imposed by another ordinance,

regulation, or adopted code that is not listed in this master fee schedule. In the event that there is a

conflict between a fee set out in the master fee schedule and the provisions of any other city ordinance,

regulation, or adopted code, the fee listed in the master fee schedule shall prevail. This shall not,

however, affect the validity of the remaining provisions of such other ordinance, regulation or adopted

code, which shall otherwise remain in full force and effect.

(Ordinance 321, sec. 2, adopted 7/9/19; Ordinance 341, sec. 2, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A1.003. Noncompliance penalty.

This fee schedule shall impose a noncompliance penalty for those construction projects that require

permits, fees, and inspections. Those that do not comply shall be violation of this fee schedule and can

be charged double the standard permit fees, not to exceed more than five hundred dollars ($500.00) for

each offense.

(Ordinance 341, sec. 3, adopted 6/8/2021; Ordinance 370 adopted 6/11/2024; Ordinance 391 adopted

10/14/2025)

§ A1.004. Credit/debit card convenience fee.

Per transaction: 3%.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

ARTICLE A2.000

ADMINISTRATIVE FEES

§ A2.001. Public records charges.

(a) Copies, standard size (8-1/2 x 11) copies (per copy): $0.10.

(b) CDs: $1.00.

(c) Research (per hour): $15.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A2.002. Appeal boards.

(a) Board of adjustment:

(1) Residential fee: $0.00.

(2) Commercial fee: $100.00.

(b) Building standards commission:

(1) Residential fee: $0.00.

(2) Commercial fee: $100.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

ARTICLE A3.000

BUILDING, CONSTRUCTION AND FIRE PREVENTION RELATED FEES

§ A3.001. Registration of contractors.

Registration of contractors, every 2 years: $50.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.002. Plan review.

(a) Residential fee: $150.00.

(b) Commercial fee: $260.00.

(c) Requirements: 3 sets of plans.

(d) The fee will be applied to the total permit fee and is nonrefundable.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.003. Addendum or plan redraw.

(a) Residential fee: $85.00.

(b) Commercial fee: $125.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.004. Certificate of occupancy.

(a) Reoccupancy without construction:

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(b) House lights, residential fee: $105.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.005. New construction.

(a) Cost per square foot (under roof):

(1) Residential fee: $1.00/s.f.

(2) Commercial fee: $1.10/s.f.

(b) Electrical permit:

(1) Simple electrical permit:

(A) Residential fee: $85.00.

(B) Commercial fee: $125.00.

(2) Plus $0.10/sq. foot (if needed).

(c) Plumbing permit:

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(d) Mechanical permit (HVAC):

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.006. Additions and alterations/remodel.

*Designates minimum fee.

(a) Residential fee: $85.00*.

(b) Commercial fee: $125.00*.

(c) Addition and alteration/remodel (cost per sq. ft. (under roof)):

(1) Residential fee: $0.30/s.f.

(2) Commercial fee: $0.35/s.f.

(d) Alteration to existing structure (includes remodel) (**commercial build out).

(1) Residential fee: $85.00*.

(2) Commercial fee: $250.00**.

(3) Plus $0.10/sq. foot.

(e) Additional plan review:

(1) Residential fee: $85.00.

(2) Commercial fee: $250.00.

(f) Electrical, plumbing, mechanical permits (if applicable), commercial fee:

(1) Residential fee: $85.00 each.

(2) Commercial fee: $0.03/s.f. each.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.007. Reinspection fees.

(a) Must be paid before scheduling any final inspection.

(b) Residential fees:

(1) 1st: $75.00.

(2) 2nd +: $100.00.

(c) Commercial fees:

(1) 1st: $125.00.

(2) 2nd +: $175.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.008. Signs.

(a) Commercial fee: $125.00.

(b) Illumination (included electrical fee), commercial fee: $90.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A3.009. Miscellaneous construction related fees.

*Designates minimum fee.

(a) Accessory buildings (carport/lean-to/barn/shed).

(1) Base fee plus $0.10 SF.

(2) Residential fee: $85.00.

(3) Commercial fee: $125.00.

(4) Exception: Although a permit is required, no fee will be charged for portable buildings that

are 200 square feet or less in size.

(5) Electric (if applicable):

(A) Residential fee: $85.00.

(B) Commercial fee: $125.00.

(b) Antenna permit (other than television).

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(c) Awning (attached).

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(d) Patio cover (attached).

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(e) Banner/promotional (commercial).Commercial fee: $60.00.

(f) Culvert. Residential fee: $85.00.

(g) Deck (attached).

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(h) Demolition.

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(3) Plumbing or electrical (if applicable):

(A) Residential fee: $50.00.

(B) Commercial fee: $125.00.

(i) Dumpster enclosure (commercial).Commercial fee: $125.00.

(j) Fence permit.

(1) Residential fee: $50.00.

(2) Commercial fee: $125.00.

(k) Gated access control.

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(3) Electrical (if applicable), residential fee: $85.00.

(l) Fire inspection.Commercial fees:

(1) Annual inspection: Free.

(2) Fire reinspection due to failure on initial annual inspection: $75.00.

(m) Foundation repair.

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(3) Requirements: Engineering report and repair plan along with evaluation of costs. Engineer

inspects to ensure work done to plans and submits report to city.

(n) Foundation/slab.

(1) Residential fee: $95.00.

(2) Commercial fee: $180.00.

(3) Requirements: #3 rebar on 16" centers. Steel #4 top and bottom. Perimeter and center

footing depth 18"–24".

(o) Hotel inspections.

(1) Commercial fee: $125.00.

(2) Requirements: Annual inspection.

(p) Lawn irrigation system.

(1) Per backflow device:

(A) Residential fee: $85.00/#.

(B) Commercial fee: $100.00/#.

(2) Requirements: Does not include backflow/inspection report. Certified backflow inspector

must be utilized with report being turned in to the city.

(q) Mobile home and manufactured home hookups.

(1) Residential fee:

(A) Plumbing (gas) hookup: $85.00.

(B) Electrical hookup: $85.00.

(2) Commercial fee: N/A.

(r) Patio/sidewalk/driveway/parking (concrete, asphalt, stone, brick, gravel, sand, rock, fill dirt, top

soil, mulch and compost-anything delivered by truck).

(1) Residential fee: $85.00 plus $0.10 SF.

(2) Commercial fee: $85.00 plus $0.10 SF.

(s) Penalty for not acquiring permit prior to building.

(1) Residential fee: Double the standard permit fee.

(2) Commercial fee: Double the standard permit fee.

(3) Requirements: Maximum $500.00 per permit.

(t) Retaining wall.Inspection to be performed by an engineer if height is three (3) feet or greater.

(1) Residential fee: $85.00.

(2) Commercial fee: $250.00.

(u) Solar installation.

(1) Residential fee: $85.00.

(2) Commercial fee: $125.00.

(v) Swimming pools and spas.

(1) Swimming pool, in ground, residential fee: $555.00.

(2) Swimming pool, in ground, commercial fee: $1,500.00.

(3) Swimming pool, above ground, residential fee: $105.00.

(4) Swimming pool/spa combination (in ground), residential fee: $575.00.

(w) Tent.Over 200 sq. ft.: $35.00.

(x) Trailer.

(1) Construction trailer: $155.00.

(2) Sales/leasing trailer: $205.00.

(3) Requirements: *12 month permit.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 360

adopted 1/9/2024; Ordinance 370 adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

ARTICLE A4.000

BUSINESS RELATED FEES

§ A4.001. Temporary sales/seasonal (excludes fireworks).

(a) Residential fee: $85.00.

(b) Commercial fee: $125.00.

(c) Requirements: i.e. Christmas trees, farmers markets, etc.

(d) Cleanup deposit (refundable upon approved cleanup inspection:

(1) Residential fee: $100.00.

(2) Commercial fee: $125.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A4.002. Fireworks stand/sales.

(a) Residential fee: N/A.

(b) Commercial fee: $600.00/sales period.

(c) Requirements: With addition of 3 additional sales dates, permits will now be issued per event.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

ARTICLE A5.000

SUBDIVISION AND ZONING FEES

§ A5.001. Platting fees.

(a) Preliminary plat: $100.00 + $35.00/acre.

(b) Corrected preliminary plat if submitted within 30 days of notice: $20.00.

(c) Final plat: $100.00/sheet + $35.00/acre.

(d) Final plat city recording fee: $25.00/plat sheet.

(e) Replat: $100.00 + $35.00/acre.

(f) Priority processing: $1,000.00.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

§ A5.002. Zoning fees.

(a) Zoning change of less than 3 acres: $150.00.

(b) Zoning change of more than 3 acres: $250.00 + $25.00/ac > 5 acres.

(c) Zoning variance/exception: $200.00 + $10.00/acre.

(d) Zoning withdrawal: Refund 50% of fee if withdrawal is prior to mail-out of notice of public

hearing, otherwise no refund.

(Ordinance 321, ex. A, adopted 7/9/19; Ordinance 341, ex. A, adopted 6/8/2021; Ordinance 370

adopted 6/11/2024; Ordinance 391 adopted 10/14/2025)

ARTICLE A6.000

UTILITIES

§ A6.001. Solid waste.

Franchise fees: $250.00 annual administrative fee and a franchise fee equal to 4% of the gross basic

service charge.

(Ordinance 121, sec. 3, adopted 11/7/00)

LOWRY CROSSING CODE

ORDINANCE DISPOSITION TABLE § B.001

Appendix B

ORDINANCE DISPOSITION TABLE

§ B.001. Ordinance disposition table.

§ B.001. Ordinance disposition table.

This table shows the location or gives the disposition of the ordinances within the Lowry Crossing

Code of Ordinances. The abbreviation “NIC” means the ordinance is not included in this code, though

not necessarily repealed. In the “Supp. No.” column, the letters “CA” indicate the ordinance was

published in the original code as adopted. When an ordinance has been added as part of a code

supplement, the supplement number will be added accordingly.

Ord. No. Date Description Disposition Supp. No.

53.1 Name change from “Town of Lowry DID NOT RECEIVE

Crossing” to “City of Lowry Readopted by Ord. 120

Crossing”

1 11/29/71 Approves rates charged by Texas Rpld. by Ord. 31

Power and Light Company

2 11/29/71 Grants electric franchise to Texas NIC

Power and Light Company

3 1/31/72 Approves rates charged by Texas Rpld. by Ord. 31

Power and Light Company

4 1/31/72 Annexation NIC

5 2/15/72 Annexation NIC

6 4/4/72 Lot sizes and use for future Rpld. by Ord. 31

subdivisions

7 4/4/72 Vaccination of dogs Superseded by Ord. 77

8 4/4/72 Business regulations Rpld. by Ord. 31

9 11/26/73 Approves rates by Texas Power and Rpld. by Ord. 31

Light Company

10 12/28/73 Mobile home construction; plumbing Rpld. by Ord. 31

and electrical standards

11 12/28/73 Building construction permit Rpld. by Ord. 31

12 9/30/74 Violations and penalty of any Rpld. by Ord. 31

ordinance

13 11/25/74 Agreement with Southwestern Bell NIC

Telephone Company

Ord. No. Date Description Disposition Supp. No.

14 7/28/75 Approves rates schedule by Texas Rpld. by Ord. 31

Power and Light Company

15 5/23/77 Approves rates charged by Texas Rpld. by Ord. 31

Power and Light Company

16 1/23/78 Suspends effective date for rates NIC

charged by Texas Power and Light

Company

17 5/30/78 Firearms; federal and state laws to be § 8.03.001

upheld

18 5/30/78 Approves rates charged by Texas Rpld. by Ord. 31

Power and Light Company

19 7/30/79 Annexation NIC

21 9/29/80 Public utility commission to exercise § 13.01.003

jurisdiction over electric utility

24 6/8/81 Use of motor home, travel trailer or § 3.01.001

bus as permanent residence

20 6/7/83 Annexation NIC

22 6/7/83 Lot sizes and use Rpld. by Ord. 31

23 —/—/— Approves electric rates charged by NIC

Community Public Service Company

25 11/11/84 Use of city hall/community center Rpld. by Ordinance

adopting Code

26 —/—/85 Fire commissioner Rpld. by Ord. 68

26A 12/9/85 Subdivision ordinance Rpld. by Ord. 105

26B —/—/— Zoning ordinance (DID NOT RECEIVE)

Rpld. by Ord. 110

28 6/4/87 Adopts Southern Building Codes Superseded by Ord. 39

Congress International, building and

technical codes

27 11/9/87 Trash for pickup must be in container Rpld. by Ord. 33

29 —/—/— Building permit and inspection fees Superseded by Ords. 38,

100, 160

30 3/14/88 Grants franchise to Galaxy NIC

Cablevision, L.P.

31 7/10/89 Repeals obsolete ordinances and

conflicting ordinances; assigns

numbers to existing unnumbered

ordinances

Ord. No. Date Description Disposition Supp. No.

§ 1 Repeals Ords. 1, 3, 9, 12, 14, 15, NIC

18 and 23; Texas Power and Light and

Community Public Service Co. rates

and service regulations

§ 2 Repeals Ords. 6, 8, 10, 11 and 22; NIC

residential lot sizes, building codes

and permits

§ 3 Names subdivision ordinance as NIC

Ord. 26a; names zoning ordinance as

Ord. 26b; names Galaxy CATV

franchise ordinance as Ord. 30

§ 4 Repeals any ordinances numbered NIC

20, 22 or 23 which were dated prior to

June 7, 1983

32 9/11/89 Penalty for violation of ordinances Superseded by Ordinance

adopting Code

34 9/11/89 Town secretary

35 9/11/89 Building official

§ 1 Part-time position established Amnd. by Ord. 226

§ 4 Compensation Amnd. by Ord. 226

Attachment - Job description NIC

36 3/6/90 Fences

§ I Repealer NIC

§ VIII Fence arms and barbed-wire Amnd. by Ord. 318

Ord. No. Date Description Disposition Supp. No.

§ X Location on or protrusion over Amnd. by Ord. 318

town property or road easements

prohibited

§ XIII Maintenance Amnd. by Ord. 318

38 3/6/90 Schedule of building permit fees Superseded by Ord. 100

33 6/4/90 Repeals Ord. 27; trash for pickup to Superseded by Ord. 246

be in covered rigid containers

37 6/4/90 Franchising and regulation of public § 13.01.001

utilities

40 6/4/90 Prohibits smoking in city hall building § 1.07.001

during public or private meetings

42 8/6/90 Minimum size and type of electrical Superseded by Ord. 39

power wiring in residential structures

44 9/24/90 Adopts budget, FY 90-91 NIC

41 11/20/90 Vegetation in right-of-way or on

vacant land

§ 6 Repealer NIC

47 11/20/90 Amends Ord. 26B; establishes MH Rpld. by Ord. 110

classification for mobile homes

43 12/3/90 Annexation NIC

48 1/28/91 Amends franchise granted to Galaxy NIC

Cablevision, LP.

49 2/25/91 Grants trash collection franchise to NIC

Roberts Trash Removal

50 2/25/91 Grants trash collection franchise to S NIC

and S Collection Services

Ord. No. Date Description Disposition Supp. No.

51 2/25/91 Grants trash collection franchise to NIC

Rushing Waste Disposal

52 2/25/91 Adopts street name and address map; Superseded by Ord. 142

property numbering requirements

46 3/25/91 Grants Grayson Collin County NIC

Electric Cooperative, Inc.

53 3/25/91 Changes form of government from § 1.02.001

type B to type A municipality

54 2/24/92 Notice of claims against city

§ 1 Notice Superseded by Ord. 144

to suit

55 5/20/91 Planning and zoning commission Rpld. by Ordinance

adopting Code

56 5/20/91 Amends Ord. 26A; extends Superseded by Ord. 105

subdivision regulations to areas within

one-half mile of city limits

57 5/20/91 Annexation NIC

58 6/24/91 Amends budget, FY 90-91 NIC

59 8/4/91 Flood damage prevention Superseded by Ord. 208

60 8/26/91 Prohibits issuance of building permits NIC

pending resolution of subdivision

replat of specific subdivision

39 9/23/91 Adopts building and technical codes

and regulations

§ I Authorization Rpld. by Ordinance

adopting Code

§ II Application Rpld. by Ordinance

adopting Code

§ III Uniform Building Code adopted Amnd. by Ord. 137

§ IV Uniform Mechanical Code Amnd. by Ord. 138

adopted

§ V Uniform Plumbing Code adopted Amnd. by Ord. 139

Ord. No. Date Description Disposition Supp. No.

§ VI Swimming Pool, Spa and Hot Rpld. by Ordinance

Tub Code adopted adopting Code

§ VII Electrical installation

National Electrical Code, 1988 Amnd. by Ord. 140

edition, adopted

VII.I Definitions Rpld. by Ordinance

adopting Code

VII.II Wires Rpld. by Ordinance

adopting Code

VII.III Electrical board Rpld. by Ordinance

adopting Code

VII.IV Damage of injury by Rpld. by Ordinance

electrician adopting Code

§ VIII Inspection and service fees Rpld. by Ordinance

adopting Code

§ IX City not liable Rpld. by Ordinance

adopting Code

§ X Penalties Rpld. by Ordinance

adopting Code

Table I - Building permit fees Superseded by Ord. 100

61 9/23/91 Records management

property

management officer

developed; approval of plan; authority

of plan

officer

department heads

developed; approval; filing with state

Ord. No. Date Description Disposition Supp. No.

control schedules; destruction of

records under schedule

records

62 9/23/91 Adopts budget, FY 91-92 NIC

63 9/23/91 Emergency management

Powers and duties

§ 9 Severability NIC

45 10/28/91 Grants franchise to Texas-New NIC

Mexico Power

64 2/3/92 Rezoning NIC

65 2/24/92 Amends budget, FY 91-92 NIC

67 5/26/92 Rezoning NIC

66 7/27/92 Adopts Uniform Housing Code, 1988 Rpld. by Ordinance

edition; Uniform Code for the adopting Code

Abatement of Dangerous Buildings,

1988 edition

68 8/24/92 Fire commissioner § 5.02.001

71 8/24/92 Amends budget, FY 91-92 NIC

72 9/28/92 Adopts budget, FY 92-93 NIC

69 11/23/92 Disannexation NIC

73 7/26/93 Charge for use of rights-of-way by § 13.01.002

public utility

74 7/30/93 Amends franchise with Texas Utilities NIC

Electric Company

76 9/27/93 Emergency management plan NIC

Ord. No. Date Description Disposition Supp. No.

78 11/27/93 Amends special use permit, 001 NIC

80 2/1/94 Agreement with Southwestern Bell NIC

Telephone Company

79 3/1/94 Amends special use permit 002 NIC

77 4/13/94 Animal control Rpld. by Ord. 157

81 5/3/94 Rezoning NIC

82 9/28/94 Adopts budget, FY 94-95 NIC

84 10/4/94 Municipal maintenance agreement NIC

with state

86 12/6/94 Rezoning NIC

83 12/12/94 Prohibits alcoholic beverages at city § 1.07.002

hall before, during and after meetings

88 3/7/95 Annual permit for collectors of Rpld. by Ord. 121

municipal solid waste

87 4/4/95 Dangerous buildings

structures” defined

demolition

marshal

building commission

when owner, lessee, etc., is absent

from city

§ 8 Conflicts NIC

§ 9 Severability NIC

89 4/4/95 Establishes municipal court Rpld. by Ord. 109

91 9/27/95 Adopts budget, FY 95-96 NIC

92 9/17/96 Adopts budget, FY 96-97 NIC

93 11/12/96 City attorney

Ord. No. Date Description Disposition Supp. No.

94 1/21/97 Special use permit 001 NIC

95 1/21/97 Special use permit 003 NIC

96 4/25/97 Annexation of roads and rights-of- NIC

way

97 7/1/97 Speed limits on public streets and § 12.03.001

alleys

97.1 8/5/97 Annexation NIC

98 2/3/98 Fireworks stands

establishment of a fireworks stand and

requiring removal following a

permitted selling period

§ 3 Repealer NIC

§ 4 Severability NIC

§ 5 Savings clause NIC

99 2/3/98 Amends Ord. 26A; subdivision Rpld. by Ord. 105

ordinance

100 3/17/98 Master fee schedule Amnd. by Ord. 114

101 7/7/98 Traffic-control devices

devices

§ 5 Uniform traffic-control devices Rpld. by Ordinance

adopting Code

Ord. No. Date Description Disposition Supp. No.

§ 11 Repealer NIC

§ 12 Severability NIC

§ 13 Savings clause NIC

102 7/7/98 Stop signs NIC

103 8/20/98 Adopts budget, FY 98-99 NIC

104 9/1/98 Speed limits on specific streets NIC

105 9/15/98 Subdivision ordinance

§ 1 Adoption of chapter

Chapter 12. Subdivision and land

development regulations

Introduction § 10.02.001

Article 1. Subdivision authority,

jurisdiction, compliance & policy

Article 2. Definitions

terms

Article 3. Subdivision platting

required

subdivision

Article 4. Subdivision platting § 10.02.091

procedure explained

Article 5. Preliminary plat

before commission and council

preliminary plat

Ord. No. Date Description Disposition Supp. No.

the following

preliminary plat

accompany preliminary plat

preliminary plat

effective date

Article 6. Final plat

commission and council

general filing procedure for the final

plat

following

Article 7. Subdivision development &

development outside a subdivision

of roads and public improvements

bonding requirements

Exhibit A. Contract between Art. 10.02, div. 7, ex. A

developer/contractor and city

Article 8. Standard specifications for

subdivision construction &

construction outside a subdivision

§ 12-8-1 Standard Specifications for Amnd. by Ord. 165

Public Works Construction - North

Central Texas, adopted

§ 12-8-2 Specific amendment to the Amnd. by Ord. 165

adopted standard specifications - for

streets

Ord. No. Date Description Disposition Supp. No.

Article 9. Drainage and floodplain

requirements

106 2/2/99 Amends Ord. 103; budget, FY 98-99 NIC

107 4/6/99 Use and occupancy of right-of-way by

telecommunications services

providers

granting clause

facilities

facilities

competitive neutrality

permit

108 5/4/99 Junked vehicles

§ 1 Junk vehicle code

Art. 9-4 Junk vehicles

§ 9-4-1 Definitions Amnd. by Ord. 307

§ 9-4-2 Junked vehicle declared a Amnd. by Ord. 307

public nuisance

§ 9-4-3 Unlawful to maintain; duty to Amnd. by Ord. 307

remove

§ 9-4-4 Notice to abate Amnd. by Ord. 307

§ 9-4-5 Public hearing Amnd. by Ord. 307

Ord. No. Date Description Disposition Supp. No.

§ 9-4-6 Exemptions Amnd. by Ord. 307

§ 9-4-7 Authority to enforce Amnd. by Ord. 307

§ 9-4-8 Summary removal Amnd. by Ord. 307

§ 9-4-9 Complaint Amnd. by Ord. 307

§ 4 Repealer NIC

§ 5 Severability NIC

§ 6 Savings clause NIC

§ 7 Penalty Amnd. by Ord. 307

109 5/4/99 Establishes municipal court

§ 3 Municipal court judge Amnd. by Ord. 135

110 8/3/99 Zoning ordinance Ch. 14, ex. A

111 9/14/99 Adopts budget, FY 11-00 NIC

112 3/7/00 Signs

§ 8 Prohibited in public right-of-way Amnd. by Ord. 330

supported signs

§ 13 Repealer NIC

§ 14 Severability NIC

Ord. No. Date Description Disposition Supp. No.

§ 15 Savings clause NIC

113 Number skipped

114 —/—/00 Amends Ord. 100, ex. A; master fee Rpld. by Ord. 160

schedule

115 6/6/00 Building and standards commission

standards commission

affected

116 7/11/00 Amends Ord. 110 (zoning ordinance);

accessory buildings

residential estate district

(detached)

tracts

unplatted tracts

Adds sub§ 9-8; driveways to major Amnd. by Ord. 154

accessory buildings

residential district

buildings (detached)

large tracts

Ord. No. Date Description Disposition Supp. No.

unplatted tracts

Adds sub§ 10-8; driveways to major Amnd. by Ord. 154

accessory buildings

residential district

buildings (detached)

large tracts

unplatted tracts

Adds sub§ 11-8; driveways to major Amnd. by Ord. 154

accessory buildings

district

large tracts

unplatted tracts

Adds sub§ 8-7; driveways to Amnd. by Ord. 154

accessory buildings

117 8/1/00 Annexation NIC

118 8/1/00 Rezoning NIC

119 9/18/00 Adopts budget, FY 00-01 NIC

120 10/17/00 Readopts Ord. 53.1, changing name of § 1.02.002

municipality from “town” to “city”

121 11/7/00 Solid waste

franchise App. A, § A6.001

§ 4 [sic] Repealer NIC

§ 6 Severability NIC

§ 7 Savings clause NIC

Ord. No. Date Description Disposition Supp. No.

122 1/9/01 Grants trash collection franchise to NIC

Waste Disposal Service

123 1/23/01 Grants trash collection franchise to NIC

Independent Environmental Services,

Inc.

124 2/6/01 Grants trash collection franchise to NIC

Roberts Trash Removal

125 4/3/01 Safety or health hazards on real Rpld. by Ordinance

property adopting Code

126 4/3/01 Weeds, brush and unwholesome

matter

matter

remove weeds, brush and unsightly

matter and to remove stagnant water,

rubbish, trash, carrion or other impure

or unwholesome matter

removal by city upon failure of owner

to remove

dangerous weeds

§ 8 Repealer NIC

§ 9 Severability NIC

§ 10 Savings clause NIC

127 4/3/01 Animal control Rpld. by Ord. 157

128 —/—/— Building fees, permits Rpld. by Ord. 134 as per

city (ordinance not

received)

129 4/24/01 Amends Ord. 110 (zoning ordinance);

uses permitted upon grant of special

use permit: sale of alcoholic beverages

for off-premises consumption, HUD-

Code manufactured homes

Ord. No. Date Description Disposition Supp. No.

regulations; adds two new uses

for sale of alcoholic beverages

the zoning regulations

130 4/24/01 Sale of alcoholic beverages

prohibited in residential districts

the city

§ 3 Regulating the sale of alcoholic

beverages near churches and schools

a.—d. § 4.02.003

e. Limitation § 4.02.005

§ 4 Repealer NIC

§ 5 Severability NIC

§ 6 Savings clause NIC

131 6/27/01 Grants franchise to Grayson-Collin NIC

Electric Cooperative, Inc.

132 6/27/01 Discharge of firearms § 8.03.002

133 7/10/01 Amends Ord. 127, § 3; limits number Rpld. by Ord. 149

of pets in residential areas

134 7/10/01 Amends fee schedule Rpld. by Ord. 160

135 7/10/01 Amends Ord. 109, § 3; municipal Amnd. by Ord. 183

court judge

136 7/10/01 Parking on driving portion or driving § 12.04.001

surface of street

137 7/10/01 Adopts Uniform Building Code, 1997 Rpld. by Ord. 168

edition

138 7/10/01 Adopts Uniform Mechanical Code, Rpld. by Ord. 170

1997 edition

139 7/10/01 Adopts Uniform Plumbing Code, Rpld. by Ord. 171

1997 edition

140 7/10/01 Adopts National Electrical Code, 1999 Rpld. by Ord. 169

edition

Ord. No. Date Description Disposition Supp. No.

141 8/14/01 Official city map § 1.02.003

142 8/14/01 Street name and address map; street

numbering system

§ 1 Official city street name and

address map

A. Map; revision § 3.09.031

B. Street numbering system § 3.09.032

C. Assignment of street address § 3.09.033

numbers

D. Street names § 3.09.034

E. Duty to display street address § 3.09.035

number

F. Unlawful to deface street numbers § 3.09.036

G. Petition for street name change § 3.09.037

H. Amendments § 3.09.038

143 8/14/01 Makes nonsubstantive changes in NIC

numbering of subdivision ordinance

(Ord. 105); changes references to

chapter 12 and § 12 to chapter 13 and

§ 13

144 8/14/01 City officers and employees; notice of

claims

§ 3 Defense and indemnification

A. Need for indemnification § 9.02.001

B. Definitions § 9.02.002

C. Indemnification § 9.02.003

D. Representation in actions § 9.02.004

E. City’s defenses § 9.02.005

F. Notice § 9.02.006

G. Disciplinary actions § 9.02.007

H. Suits in behalf of city § 9.02.008

against city required

145 8/14/01 Noise

Ord. No. Date Description Disposition Supp. No.

§ 1 Noises interfering with enjoyment Amnd. by Ord. 305

of property or public peace and

comfort

§ 2 Specific acts deemed loud and Dltd. by Ord. 305

raucous

exhaust whistle on vehicles

§ 4 Repealer NIC

§ 5 Severability NIC

146 9/17/01 Adopts budget, FY 01-02 NIC

147 9/21/01 Tax levy, TY 2001 NIC

148 10/19/01 Amends Ord. 105, subdivision § 10.02.241(h)

ordinance; adds art. 9, § 12-9-1(H);

drainage and floodplain plan, design

criteria

149 12/4/01 Repeals Ord. 133, which amended NIC

Ord. 127, § 3; animal control

150 2/5/02 Property tax exemption for elderly and § 11.02.001

disabled persons

151 2/5/02 Penalty to defray costs of collecting § 11.02.003

delinquent property taxes

152 2/5/02 Animal control Rpld. by Ord. 157

153 2/12/02 Annexation of certain roads and NIC

rights-of-way

154 2/12/02 Amends Ord. 110 (zoning ordinance)

use regulations, equine animals

district, use regulations, equine

animals

secondary driveways

secondary driveways

secondary driveways

Ord. No. Date Description Disposition Supp. No.

secondary driveways

155 4/22/02 Municipal court technology fund § 7.02.002

156 4/22/02 Municipal court building security fund § 7.02.003

157 6/4/02 Repeals Ords. 77, 127 and 152;

animal control

§ 1 Definitions Rpld. by Ord. 309

§ 2 Rabies control Rpld. by Ord. 309

§ 3 Reporting cases of humans bitten Rpld. by Ord. 309

by animals susceptible to rabies

§ 4 Quarantine procedure for animals Rpld. by Ord. 309

§ 5 Running at large Rpld. by Ord. 309

§ 6 Animal nuisance Rpld. by Ord. 309

§ 7 Dangerous dogs Rpld. by Ord. 309

§ 8 Wild animals Rpld. by Ord. 309

§ 9 Dangerous animals Rpld. by Ord. 309

§ 10 Impoundment Rpld. by Ord. 309

§ 11 Adoption Rpld. by Ord. 309

§ 12 Sanitary conditions and animal Rpld. by Ord. 309

care

§ 13 Penalty clause Rpld. by Ord. 309

§ 14 Repeals Ords. 77, 127, 152 NIC

158 8/10/02 Adopts budget, FY 02-03 NIC

159 9/19/02 Tax levy, TY 2002 NIC

160 9/19/02 Amends Ord. 100; master fee Rpld. by Ord. 162

schedule

161 9/19/02 Amends fence height limits § 3.07.007(5)

162 10/3/02 Repeals Ord. 160, amends Ord. 100, Rpld. by Ord. 180

master fee schedule

163 12/3/02 Operation of commercial vehicles on Amnd. by Ord. 329

Bridgefarmer Rd.

164 1/14/03 Amends electric franchise with Oncor NIC

Ord. No. Date Description Disposition Supp. No.

165 4/21/03 Amends Ord. 105 (subdivision

ordinance), art. 8; standard

specifications for subdivision

construction and construction outside

a subdivision

Section 1 Amendments

Public Works Construction - North

Central Texas, adopted

adopted standard specifications - for

streets

168 8/5/03 Repeals Ord. 137; adopts International Rpld. by Ord. 203

Building Code, 2003 edition

167 9/2/03 Tax levy, TY 2003 NIC

166 9/11/03 Adopts budget, FY 03-04 NIC

169 9/11/03 Repeals Ord. 140; adopts International Rpld. by Ord. 204

Electrical Code, 2003 edition

170 9/11/03 Repeals Ord. 138; adopts International Rpld. by Ord. 205

Mechanical Code, 2003 edition

171 9/11/03 Repeals Ord. 139; adopts International Rpld. by Ord. 206

Plumbing Code, 2003 edition

172 11/4/03 Accepts specific streets as public NIC

streets

173 11/4/03 Accepts specific streets as public NIC

streets

174 11/4/03 Accepts specific streets as public NIC

streets

175 11/4/03 Amends Ord. 105 (subdivision § 10.02.213

ordinance), art. 8; adds § 12-8-3, street

dedications

176 1/6/04 Rezoning NIC

177 1/6/04 Amends Ord. 110 (zoning ordinance), Ch. 14, ex. A, § 15-2(2)

sub§ 15-2(2); C district, permitted

uses, changes “automobile, new sales”

to “automobile sales”

178 1/6/04 Amends Ord. 110 (zoning ordinance), Ch. 14, ex. A, § 30

§ 30; definition of “screening device”

Ord. No. Date Description Disposition Supp. No.

179 1/6/04 Amends Ord. 110 (zoning ordinance);

screening of nonresidential uses from

residential districts

screening

screening

screening

screening

screening

screening

180 2/9/04 Repeals Ord. 162; amends master fee Rpld. by Ord. 187

schedule

181 3/2/04 Accepts specific streets as public NIC

streets

182 3/2/04 Closes County Rd. 400 NIC

183 3/11/04 Designates mayor as judge Amnd. by Ord. 184

and qualifications of municipal

judge(s)

municipal court; effect of remission of

fine

185 5/4/04 Property tax freeze for residence § 11.02.002

homestead of disabled or elderly

persons

187 5/4/04 Repeals Ord. 187; amends master fee Rpld. by Ord. 228

schedule

188 6/1/04 Amends Ord. 110 (zoning ordinance); Ch. 14, ex. A, § 23A

adds § 23A; landscaping requirements

189 6/1/04 Amends Ord. 110 (zoning ordinance), Ch. 14, ex. A, § 19

§ 19; planned development district

191 9/7/04 Tax levy, TY 2004 NIC

190 10/5/04 Adopts budget, FY 04-05 NIC

192 10/5/04 Annexation NIC

Ord. No. Date Description Disposition Supp. No.

193 11/9/04 Tree preservation and protection

§ 5 Permit fee Rpld. by Ordinance

adopting Code

permit application

§ 8 Recommended trees Rpld. by Ordinance

adopting Code

194 1/11/05 Disannexation NIC

195 —/—/05 Amends Ord. 110 (zoning ordinance),

§ 27; planning and zoning

commission

§ 1 Incorporation of premises NIC

§ 2 Amendment

196 8/20/05 Written authorization required for § 1.06.001

check or other withdrawal of funds

from city accounts

198 9/6/05 Adopts budget, FY 05-06 NIC

199 9/6/05 Accepts specific streets as public NIC

streets

197 9/9/05 Tax levy, TY 2005 NIC

200 12/11/06 Annexation NIC

201 4/3/07 Amends Ord. 110 (zoning ordinance),

family residential district, keeping

miniature horses

§ 1 Incorporation of premises NIC

Ord. No. Date Description Disposition Supp. No.

203 2/3/09 Repeals Ord. 168; adopts International

Building Code, 2006 edition

§ 1 Adoption of code Amnd. by Ord. 299

§ 2 Specific amendments or exception Amnd. by Ord. 299

to the provision of the International

Building Code

§ 3 Violations and penalties Amnd. by Ord. 299

204 2/3/09 Repeals Ord. 169; adopts International

Electrical Code, 2006 edition

§ 1 Adoption of code Amnd. by Ord. 299

§ 2 Specific amendments or Amnd. by Ord. 299

exceptions to the provision of the

International Electrical Code

§ 3 Violations and penalties Amnd. by Ord. 299

205 2/3/09 Repeals Ord. 170; adopts International

Mechanical Code, 2006 edition

§ 1 Adoption of code Amnd. by Ord. 299

§ 2 Specific amendments or Amnd. by Ord. 299

exceptions to the provision of the

International Mechanical Code

§ 3 Violations and penalties Amnd. by Ord. 299

206 2/3/09 Repeals Ord. 171; adopts International

Plumbing Code, 2006 edition

§ 1 Adoption of code Amnd. by Ord. 299

§ 2 Specific amendments or Amnd. by Ord. 299

exceptions to the provision of the

International Plumbing Code

§ 3 Violations and penalties Amnd. by Ord. 299

207 3/3/09 Amends budget, FY 08-09 NIC

208 4/7/09 Flood damage prevention

Art. 1 Statutory authorization, § 3.06.001

findings of fact, purpose and methods

Art. 2 Definitions § 3.06.002

Art. 3 General provisions § 3.06.003

Art. 4 Administration § 3.06.004

Art. 5 Provisions for flood hazard § 3.06.005

reduction

Ord. No. Date Description Disposition Supp. No.

210 9/—/09 Adopts budget, FY 09-10 NIC

211 9/8/09 Tax levy, TY 2009 NIC

212 11/3/09 Adopts tax roll, 2009 NIC

213 —/—/09 Depository service application policy § 1.06.002

214 —/—/10 Amends Ord. 157; animal control

§ 1 Amendment

A. Adds definitions to § 1; kennel, Rpld. by Ord. 309

multiple pet owner

B. Adds § 12 C; kennels

Location; permit required Rpld. by Ord. 309

  1. Standards Rpld. by Ord. 309
  2. Permit Rpld. by Ord. 309
  3. Service of notices Rpld. by Ord. 309

C. Adds § 8A; multiple pets

(A) Multiple pet owner permit Rpld. by Ord. 309

required

(B) Standards Rpld. by Ord. 309

(C) Permit Rpld. by Ord. 309

(D) Service of notices Rpld. by Ord. 309

D. Adds § 8B; registration of guard Rpld. by Ord. 309

and attack dogs

215 —/—/10 Collection of fees for emergency and Amnd. by Ord. 283

rescue services by volunteer fire

department

216 —/—/10 Rezoning; special use permit NIC

217 7/6/10 Establishes enforcement date for Ord. NIC

214

218 —/—/10 Adopts International Fire Code, 2009

edition

219 9/—/10 Tax levy, TY 2010 NIC

220 9/—/10 Adopts budget, FY 10-11 NIC

221 —/—/10 Adopts tax roll, 2010 NIC

Ord. No. Date Description Disposition Supp. No.

224 11/2/10 Adopts National Incident § 1.04.001

Management System

222 —/—/11 Rezoning NIC

226 —/—/11 Amends Ord. 35; building official

§ 1 Amendments

C. Amends attachment (job NIC

description), § V, specific job

requirements

227 5/3/11 Disposal of surplus property § 1.06.003

228 5/3/11 Amends master fee schedule Amnd. by Ord. 270

229 8/2/11 Orders sales and use tax election NIC

230 8/2/11 Orders sales and use tax election NIC

231 —/—/11 Rezoning NIC

232 9/—/11 Adopts budget, TY 11-12 NIC

234 9/—/11 Adopts tax roll, 2011 NIC

235 9/27/11 Amends Ord. 110 (zoning ordinance)

§ 1 Incorporation of premises NIC

§ 2 Amendment

use regulations

B. Amends sub§ 18-4; SUP district, Amnd. by Ord. 292

use regulations

236 9/27/11 Rezoning; special use permit NIC

237 9/27/11 Rezoning; special use permit NIC

238 10/4/11 Alcoholic beverage license and permit

fees

§ 1 Findings incorporated NIC

without license

Ord. No. Date Description Disposition Supp. No.

issuance

§ 8 Savings; repealer NIC

§ 9 Severability NIC

223 11/2/11 Amends budget, FY 10-11 NIC

239 11/17/11 Sales and use tax election results, NIC

economic development tax and streets

tax

240 12/6/11 Adopts economic development sales § 11.03.001

tax

241 12/6/11 Adopts sales tax to provide revenue § 11.03.002

for maintenance and repair of

municipal streets

242 12/6/11 Taxation of tangible personal property § 11.02.004

in transit

243 —/—/12 Rezoning NIC

244 1/3/12 Adopts International Energy

Conservation Code, 2009 edition

§ 1 Adoption of code Amnd. by Ord. 299

§ 2 Specific amendments or Amnd. by Ord. 299

exceptions to the provision of the

International Energy Code

§ 3 Violations and penalties Amnd. by Ord. 299

245 —/—/12 Annexation NIC

246 —/—/12 Solid waste

§ 4 Commercial solid waste collection Rpld. by Ordinance

adopting Code

§ 2 [sic] Findings incorporated NIC

247 —/—/12 Amends master fee schedule; fire Superseded by Ord. 270

inspections

Ord. No. Date Description Disposition Supp. No.

249 —/—/12 Investment policy and investment

strategy statement

investment strategy

Exhibit A. Investment policy

Purpose § 1.06.032

Policy § 1.06.033

Scope § 1.06.034

Prudence § 1.06.035

Objectives § 1.06.036

Delegation of authority § 1.06.037

Investment advisory committee § 1.06.038

Ethics and conflicts of interest § 1.06.039

Authorized financial dealers and § 1.06.040

institutions

Authorized and suitable investments § 1.06.041

Collateralization § 1.06.042

Safekeeping and custody § 1.06.043

Diversification and maximum § 1.06.044

maturities

Internal controls § 1.06.045

Performance standards § 1.06.046

Reporting § 1.06.047

Annual review § 1.06.048

250 —/—/12 Amendments to International Fire § 5.03.002

Code, 2009 edition

253 8/7/12 Amendments to International Fire § 5.03.002

Code, 2009 edition; fireworks and

automatic sprinkler systems

251 9/4/12 Amends budget, FY 11-12 NIC

255 —/—/12 Permits for temporary vending Not adopted

256 9/4/12 Adopts budget, FY 12-13 NIC

257 9/4/12 Tax levy, TY 2012 NIC

258 9/4/12 Rezoning NIC

259 9/—/12 Adopts tax roll, 2012 NIC

Ord. No. Date Description Disposition Supp. No.

225 9/3/13 Rezoning; special use permit NIC

262 8/6/13 Amends zoning ordinance; adds Ch. 14, ex. A, § 22-8

temporary use provisions

264 9/3/13 Tax levy, TY 2013 NIC

265 9/3/13 Adopts budget, FY 13-14 NIC

267 —/—/13 Amends § 3 of speed code ordinance; NIC

speed limits on specific streets

268 9/22/14 Adopts budget, FY 14-15 NIC

269 9/22/14 Tax levy, TY 2014 NIC

270 10/14/14 Amends Ord. 228; fee schedule

§ 1 Amendment to master fee Amnd. by Ord. 282

schedule

§ 2 Purpose and intent (other fees not Amnd. by Ord. 282

listed)

Exhibit “A” - Master fee schedule Amnd. by Ord. 282

271 9/9/14 Amends budget, FY 13-14 NIC

272 9/22/14 Ratifies tax rate increase, FY 14-15 NIC

273 10/14/14 Adopts 2014 tax roll NIC

274 3/10/15 Annexation NIC

275 3/10/15 Rezoning NIC

276 4/14/15 Ordinance adopting Code Preamble to Code

277 6/9/15 Rezoning NIC

278 6/9/15 Rezoning; special use permit NIC

279 6/9/15 Rezoning; special use permit NIC

280 8/11/15 Rezoning; special use permit NIC

281 8/11/15 Rezoning; special use permit NIC

282 9/8/15 Amends fee schedule Amnd. by Ord. 291

283 9/8/15 Amends fees for emergency and § 5.02.002

rescue services by volunteer fire

department

284 9/8/15 Amends budget, FY 14-15 NIC

285 9/15/15 Adopts budget, FY 15-16 NIC

286 9/15/15 Tax levy, FY 15-16 NIC

287 9/15/15 Ratifies tax rate increase, FY 15-16 NIC

Ord. No. Date Description Disposition Supp. No.

288 10/13/15 Amends amendments to the 2009 fire § 5.03.002

code; general definitions “order

restricting outdoor burning”

289 11/10/15 Adopts 2015 tax roll NIC

290 1/12/16 Rezoning NIC

291 3/8/16 Amends fee schedule Amnd. by Ord. 306

292 5/10/16 Amends zoning; use regulations Amnd. by Ord. 295

293 5/10/16 Rezoning NIC

294 8/9/16 Rezoning; special use permit NIC

295 8/9/16 Amends zoning

A. Use regulations Amnd. by Ord. 304

B. Conformance with the zoning Ch. 14, ex A, § 7-1

regulations

296 9/13/16 Adopts budget, FY 16-17 NIC

297 9/13/16 Tax levy, FY 15-16 NIC

298 9/13/16 Ratifies tax rate increase, FY 16-17 NIC

299 11/4/17 Adopts various technical codes

300 9/12/17 Adopts budget, FY 17-18 NIC

301 9/12/17 Tax levy, FY 16-17 NIC

302 9/12/17 Ratifies tax rate increase, FY 17-18 NIC

303 7/10/18 Rezoning NIC

304 9/10/17 Amends zoning ordinance Amnd. by Ord. 310

305 4/10/18 Noise

Definitions, general prohibitions § 8.02.002

Deletes § 8.02.003, specific acts NIC

prohibited

306 5/8/18 Fee schedule Amnd. by Ord. 321

307 5/8/18 Junked vehicles

Definitions § 8.05.001

Ord. No. Date Description Disposition Supp. No.

Declaration of nuisance § 8.05.002

Offense § 8.05.003

Authority to abate nuisance; § 8.05.004

procedures

Administration of procedures; § 8.05.005

authority to enforce

Junked vehicle disposal § 8.05.006

Notice to state department of § 8.05.007

transportation

Inapplicability of division § 8.05.008

Penalty § 8.05.009

308 7/10/18 Amends zoning (city didn’t specify

locations)

§ 1

RE definition “servant quarters” Ch. 14, ex. A, § 9-2(9)b, h,

i

R-1 definition “servant quarters” Ch. 14, ex. A, § 10-2(9)b,

g, h

2F definition “servant quarters” Ch. 14, ex. A, § 11-2(9)b

Special definitions “servant quarters” Ch. 14, ex. A, § 30

district

309 12/11/18 Animal control

Art. 2.01 General provisions

Definitions § 2.01.001

Enforcement § 2.01.002

Fees § 2.01.003

Art. 2.02 Care and control

Animals at-large § 2.02.001

Treatment of animals, food, water, § 2.02.002

and shelter

Rabies vaccination requirements for § 2.02.003

dogs and cats

Maximum number of animals per § 2.02.004

property

Ord. No. Date Description Disposition Supp. No.

Defecation of animals on public or § 2.02.005

private property

Sanitary conditions § 2.02.006

Animal nuisances § 2.02.007

Art. 2.03 Multiple pet owner permit

Permit required § 2.03.001

Standards § 2.03.002

Issuance of permit; conditions; § 2.03.003

revocation

Service of notices § 2.03.004

Art. 2.04 Kennels

Location; permit required § 2.04.001

Standards § 2.04.002

Issuance of permit; conditions; § 2.04.003

revocation

Service of notices § 2.04.004

Art. 2.05 Livestock

Livestock § 2.05.001

Animals; animal units; proper zoning § 2.05.002

required for farm animals

Art. 2.06 Keeping bees

Generally § 2.06.001

Art. 2.07 Prohibited animals, and

dangerous dogs

Dangerous wild animals § 2.07.001

Vicious animals § 2.07.002

Swine § 2.07.003

Prohibited animals, generally § 2.07.004

Declaration of dangerous dog § 2.07.005

Requirements for owner § 2.07.006

Appeal from dangerous dog § 2.07.007

determination

Art. 2.08 Impoundment and

quarantine

Ord. No. Date Description Disposition Supp. No.

Authority to impound, destroy or § 2.08.001

muzzle certain animals

Reports of rabies § 2.08.002

Dogs causing death or serious bodily § 2.08.003

injury to a person

Cruelly treated animals § 2.08.004

Treatment of impounded animals § 2.08.005

Notice to owner § 2.08.006

Release of impounded animals § 2.08.007

Adoption of impounded animals § 2.08.008

Art. 2.09 Variance

Generally § 2.09.001

Variance application § 2.09.002

Variance approvals § 2.09.003

Variance expiration or revocation § 2.09.004

Appeals § 2.09.005

Notice and hearing § 2.09.006

Art. 2.10 Penalties

Penalty; injunction § 2.10.001

310 8/14/18 Amends zoning ordinance Amnd. by Ord. 331

311 8/14/18 Rezoning NIC

312 9/11/18 Adopts budget, FY 18-19 NIC

313 9/11/18 Tax levy, FY 18-19 NIC

314 9/11/18 Ratifies tax rate increase, FY 18-19 NIC

315 10/23/18 Annexation NIC

316 3/10/15 Rezoning NIC

318 5/14/19 Amends fences

Maintenance § 3.07.004

Fence arms and barbed-wire § 3.07.010

Location on or protrusion over city § 3.07.012

property, right-of-way, or easement

Electrical fences § 3.07.014

Permitted types § 3.07.015

Ord. No. Date Description Disposition Supp. No.

Prohibited materials § 3.07.016

Front yard fences § 3.07.017

Definitions § 3.07.018

319 7/9/19 Annexation NIC

320 7/9/19 Rezoning NIC

321 7/9/19 Fee schedule App. A

322 7/9/19 Rezoning NIC

323 8/13/19 Suspends certain regulations that § 3.01.002

conflict with provisions of HB 3167

324 8/13/19 Implementation of HB 2439 & 2497

requirements and programs

adjustment procedures

326 9/10/19 Adopts budget, FY 19-20 NIC

327 9/10/19 Tax levy, FY 19-20 NIC

328 9/10/19 Ratifies tax rate increase, FY 19-20 NIC

329 10/8/19 Amends commercial vehicles

traffic

330 10/8/19 Amends signs

Generally § 3.08.001(b)

Signs projecting into right-of-way § 3.08.010

Location in front yard or in front of § 3.08.011(4)

established building line

331 11/12/19 Amends zoning ordinance Amnd. by Ord. 332

332 12/10/19 Amends zoning ordinance

Use regulations Ch. 14, ex. A, § 18-4

Ord. No. Date Description Disposition Supp. No.

335 10/13/20 Amends zoning ordinance; adds Ch. 14, ex. A, § 22-8(1),

temporary use provisions (3)

337 9/8/20 Tax levy, FY 20-21 NIC

338 9/8/20 Ratifies tax rate increase, FY 20-21 NIC

339 4/13/2021 Rezoning NIC

340 4/13/2021 Annexation NIC

341 6/8/2021 Amends Fee Schedule Apx. A

342 9/14/2021 Budget NIC

343 9/14/2021 Tax Levy NIC

344 9/14/2021 Ratifies Property Tax Increase NIC

345 12/14/ Franchise NIC

2021

346 12/14/ Rezoning NIC

2021

347 12/14/ Franchise NIC

2021

348 5/10/2022 Adds General Provisions: Parks: Parks Art. 1.09

Advisory Board

349 5/10/2022 Amends Business Regulations: Art. 4.02

Alcoholic Beverages: Licenses and

Permits

351 7/12/2022 Adopts Ward System NIC

353 9/13/2022 Budget NIC

354 9/13/2022 Tax Levy NIC

355 9/13/2022 Ratifies Property Tax Increase NIC

356 9/13/2022 Rezoning NIC

357 4/11/2023 Rezoning NIC 1

358 11/14/ Rezoning NIC 1

2023

359 7/11/2023 Retirement Incentive Program NIC 1

360 1/9/2024 Amends Taxation: Hotel Occupancy Art. 11.04; § A3.009 1

Tax; Fee Schedule

361 9/12/2023 Budget NIC 1

362 9/12/2023 Tax Levy NIC 1

Ord. No. Date Description Disposition Supp. No.

363 9/12/2023 Ratifies Property Tax Increase NIC 1

364 9/12/2023 Service and Assessment Plan NIC 1

365 9/12/2023 Service and Assessment Plan NIC 1

366 11/14/ Rezoning NIC 1

2023

367 1/9/2024 Annexation NIC 1

368 3/12/2024 Amends Building Regulations: Signs Art. 3.08 1

369 8/13/2024 Franchise NIC 1

370 6/11/2024 Amends Fee Schedule Apx. A 1

371 7/9/2024 Speed Limits NIC 1

372 8/13/2024 Amends Offenses and Nuisances: Art. 8.04 1

Vegetation in Right-Of-Way or on

Vacant Land

373 9/10/2024 Budget NIC 1

374 9/10/2024 Tax Rate NIC 1

375 9/10/2024 Ratifying Property Tax Increase NIC 1

376 9/10/2024 Service and Assessment Plan NIC 1

377 9/10/2024 Annual Service Plan Update NIC 1

378 10/8/2024 Amends Zoning Ordinance Ch. 14A 1.1

379 10/8/2024 Amends Offenses and Nuisances: Art. 8.02 1

Noise

380 3/11/2025 Service and Assessment Plan NIC 2

381 4/8/2025 Service and Assessment Plan NIC 2

382 4/8/2025 Rezoning NIC 2

383 6/10/2025 Bond NIC 2

384 6/24/2025 Increase in Wards; Change in NIC 2

Boundaries

385 6/24/2025 Increase in Wards; Change in NIC 2

Boundaries

386 7/8/2025 Rezoning NIC 2

387 9/9/2025 Tax Rate NIC 2

388 9/9/2025 Budget NIC 2

389 9/9/2025 Budget NIC 2

390 10/14/ Amends General Provisions: Parks Art. 1.09 2

2025

Ord. No. Date Description Disposition Supp. No.

391 10/14/ Amends Fee Schedule Apx. A 2

2025