HomeMy WebLinkAboutOrdinances (O-00-1214)-04/18/2000
ORDINANCE 0-00-1214
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 78
OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS, BY
ADOPTING AND ENACTING A LAND DEVELOPMENT CODE FOR THE CITY OF
COLLEYVILLE, TEXAS; PROVIDING FOR THE AMENDING OF CERTAIN
ORDINANCES; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING
FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council has determined the need to consolidate the Zoning
Ordinance, Subdivision Ordinance, Tree Preservation Ordinance, and Impact
Fee Ordinance, by establishing a Land Development Code as Chapter 78 of
the Code of Ordinances for the purpose of coordinating development policies
of the City of Colleyville; and
WHEREAS, the Texas Local Government Code requires public hearing prior to the
adoption of subdivision, zoning and impact fee regulations; and
WHEREAS, the Colleyville City Charter requires a public hearing prior to adoption of any
ordinance; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission was
published in a newspaper of general circulation in Colleyville at least 15 days
before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before such
hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing for the
purpose of adopting a Land Development Code and has forwarded its report
and recommendations to the City Council for consideration; and
WHEREAS, the City Council has received the report and recommendations of the
Planning and Zoning Commission and held the required public hearings to
receive citizen comment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Chapter 78 of the Code of Ordinances, City of Colleyville, Texas, is
hereby amended to read as shown in the document entitled Land
Development Code of the City of Colleyville, Texas, a copy of which is
attached as Exhibit "A",
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Sec. 10.
Ordinance 0-00-1214
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THAT Ordinance 0-77-248, the Zoning Ordinance of the City of Colleyville,
Texas, as amended, is hereby amended and replaced by the adoption of the
Land Development Code.
THAT Ordinance 0-91-812, the Sign Code of the City of Colleyville, Texas,
as amended, is hereby amended and replaced by the adoption of the Land
Development Code.
THAT Ordinance 0-93-900, the Tree Preservation Ordinance of the City of
Colleyville, Texas, as amended, is hereby amended and replaced by the
adoption of the Land Development Code.
THAT Ordinance 0-95-1004, the Water, Wastewater and Roadway Impact
Fee Ordinance of the City of Colleyville, Texas, as amended, is hereby
amended and replaced by the adoption of the Land Development Code.
THAT the rules, regulations, and procedures contained in the document
entitled Land Development Code of the City of Colleyville, Texas, a copy of
which is attached as Exhibit "A" shall be applicable to all development within
the City from and after the date of approval of this ordinance.
THAT it is hereby declared to be the intention of the City Council of the City
of Colleyville, that the sections, paragraphs, sentences, clauses and phrases
of this Land Development Code are severable, and if any phrase, clause,
sentence, paragraph, or section of this Land Development Code shall be
declared unconstitutional, such unconstitutionality or invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs or sections
of this Land Development Code since the same would have been enacted
by the City Council without the incorporation in this Land Development Code
of any such unconstitutional or invalid phrase, clause, sentence, paragraph
or section.
THAT any person, firm or corporation violating any fire safety, zoning or
public health and sanitation provision of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not to
exceed Two Thousand Dollars ($2,000.00). For violations of all other
provisions, the fine shall not exceed Five Hundred Dollars ($500). Each day
that any violation of this ordinance shall continue shall constitute a separate
offense and shall be punishable as such.
THAT this ordinance shall become effective upon passage.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
Ordinance 0-00-1214
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AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the J.j-;j day of I?~rl /
2000.
The second reading and public hearing being conducted on the ) of} day of
/J.;rl/ ,2000.
ATTEST:
tJ~
CITY OF COLLEYVILLE:
J n Harris, TRMC, CMC
CI Y Secretary
Dok:~~
Mayor
EXHIBIT "A"
City of Colleyville
Land Development Code
Texas
April 2000
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Table of Contents
Chapter 1 General Provisions
Section 1.1 Title
Section 1.2 Applicability
Section 1.3 Authorization for Adoption of This Land Development Code
Section 1.4 Purpose of the Land Development Code
Section 1.5 Purpose of This Chapter
Section 1.6 Administration and Enforcement
Section 1.7 Fees
Section 1.8 Compliance Required
Section 1.9 Certificate of Occupancy Required
Section 1.10 Project Under Construction at Time of Code Adoption
Section 1.11 Compliance Required for Building Permits & Utility Services
Section 1.12 Waivers and Appeals - Generally
Section 1.13 Waivers and Appeals - City Council
Section 1.14 Waivers and Appeals - Planning and Zoning Commission
Section 1.15 Waivers and Appeals - Sign Board of Appeals
Section 1.16 Variances and Appeals - Zoning Board of Adjustment
Section 1.17 Reserved
Section 1.18 Amending the Land Development Code
Section 1.19 Violations and Penalties
Section 1.20 Relationship to Other Laws and Restrictions
Section 1.21 Repeal of Conflicting Ordinances
Section 1.22 Severability Clause
Section 1.23 Amendments to This Chapter
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Chapter 2 Definitions
Section 2.1 Purpose of This Chapter
Section 2.2 Authorization for Adoption of This Chapter
Section 2.3 Variances and Appeals
Section 2.4 General Construction of Language
Section 2.5 Definitions
Section 2.6 Amendments to This Chapter
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Chapter 3 Land Use
Section 3.1 Purpose of This Chapter
Section 3.2 Authorization for Adoption of This Chapter
Section 3.3 Variances and Appeals
Section 3.4 Definitions
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Section 3.5 Establishment of Districts
Section 3.6 Application of District Regulation; Classification of New and Unlisted Uses; and
Platting of Property not Properly Zoned
Section 3.7 Non-conforming Uses, Lots and Buildings
Section 3.8 AG - Agricultural District
Section 3.9 RE - Single Family "Estate" Residential District
Section 3.10 R40 - Single Family Residential District
Section 3.11 R30 - Single Family Residential District
Section 3.12 R20 - Single Family Residential District
Section 3.13 R15 - Single Family Residential District
Section 3.14 RD - Two Family Residential District
Section 3.15 RMF - Multifamily Residential District
Section 3.16 MH - Mobile Home Residential District
Section 3.17 CPO - Professional Office Commercial District
Section 3.18 CN - Neighborhood Commercial District
Section 3.19 CC1 - Village Retail District
Section 3.20 CC2 - Shopping Center District
Section 3.21 CC3 - Highway Commercial District
Section 3.22 ML - Light Manufacturing District
Section 3.23 PUD - Planned Development Districts
Section 3.24 Schedule of Permitted Uses
Section 3.25 Special Use Permits
Section 3.26 Fences, Free Standing Walls, and Screening Materials
Section 3.27 Accessory Buildings and Residential Carport Regulations
Section 3.28 Supplementary District Regulations
Section 3.29 Off Street Parking Requirements
Section 3.30 Off Street Loading Requirements
Section 3.31 Duties of Administrative Official
Section 3.32 Comprehensive Zoning Ordinance - Zoning Map
Section 3.33 Amendments to This Chapter
Chapter 4 Landscaping and Buffering
Section 4.1 Purpose of This Chapter
Section 4.2 Authorization for Adoption of This Chapter
Section 4.3 Applicability of This Chapter
Section 4.4 Variances and Appeals
Section 4.5 Definitions
Section 4.6 Required Landscaping
Section 4.7 Amendments to This Chapter
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Chapter 5 Tree Preservation
Section 5.1 Purpose of This Chapter
Section 5.2 Authorization for Adoption of This Chapter
Section 5.3 Variances and Appeals
Section 5.4 Definitions
Section 5.5 Tree Removal Permit
Section 5.6 Applicability
Section 5.7 Approval Process and Administrative Procedures
Section 5.8 Submittal Requirements
Section 5.9 Tree Replacement Requirements
Section 5.10 Tree Protection
Section 5.11 Tree Planting Regulations
Section 5.12 Violations
Section 5.13 Replacement Tree List
Section 5.14 Construction Plan Requirements
Section 5.15 Amendments to This Chapter
Chapter 6 Building Design
Section 6.1 Purpose of This Chapter
Section 6.2 Authorization for Adoption of This Chapter
Section 6.3 Variances and Appeals
Section 6.4 Definitions
Section 6.5 Commercial Building Design Standards
Section 6.6 Amendments to This Chapter
Chapter 7 Sign Regulations
Section 7.1 Purpose of This Chapter
Section 7.2 Authorization for Adoption of This Chapter
Section 7.3 Variances and Appeals
Section 7.4 Definitions
Section 7.5 Administration
Section 7.6 Sign Removal
Section 7.7 Limitation Applicable to Signs Requiring a Permit
Section 7.8 Limitations & Regulations Applicable to all Signs/Prohibition of Certain Signs
Section 7.9 Adoption of Uniform Sign Code
Section 7.10 Construction Permit Fees
Section 7.11 Penalty Provision
Section 7.12 Protection of First Amendment Rights
Section 7.13 Amendments to This Chapter
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Chapter 8 Plat Review Procedures
Section 8.1 Purpose of This Chapter
Section 8.2 Authorization for Adoption of This Chapter
Section 8.3 Variances and Appeals
Section 8.4 Definitions
Section 8.5 Plat Approval Required
Section 8.6 Plat Required for Building Permit
Section 8.7 Procedure for Approval of Subdivisions
Section 8.8 Preliminary Plats
Section 8.9 Final Plats
Section 8.10 Minor Plats
Section 8.11 Replats
Section 8.12 Amending Plats
Section 8.13 Vacation of Plats
Section 8.14 Required Plat Information
Section 8.15 Amendments to This Chapter
Chapter 9 Subdivision Design & Public Facilities
Section 9.1 Purpose of This Chapter
Section 9.2 Authorization for Adoption of This Chapter
Section 9.3 Variances and Appeals
Section 9.4 Definitions
Section 9.5 Subdivision Design Guildelines
Section 9.6 Blocks
Section 9.7 Lots
Section 9.8 Waterbodies and Water Courses
Section 9.9 Street Names
Section 9.10 Reserve Strips and Common Areas
Section 9.11 Double Frontage Lots
Section 9.12 General Infrastructure Policy
Section 9.13 Water System Requirements
Section 9.14 Sewerage System Requirements
Section 9.15 Storm Water Facility Requirements
Section 9.16 Street Improvement Requirements
Section 9.17 Street Design Criteria
Section 9.18 Traffic Impact Analysis
Section 9.19 Sidewalks
Section 9.20 Street Lighting
Section 9.21 Amendments to This Chapter
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Chapter 10 Private Streets and Entrance Gates
Section 10.1 Purpose of This Chapter
Section 10.2 Authorization for Adoption of This Chapter
Section 10.3 Variances and Appeals
Section 10.4 Definitions
Section 10.5 Council Authority and Procedure
Section 10.6 Conditions of Approval
Section 10.7 Amendments to This Chapter
Chapter 11 Park Land Dedication
Section 11.1 Purpose of This Chapter
Section 11.2 Authorization for Adoption of This Chapter
Section 11.3 Variances and Appeals
Section 11.4 Definitions
Section 11.5 Council Authority and Procedure
Section 11.6 Park Land Dedication Committee
Section 11.7 Amendments to This Chapter
Chapter 12 Erosion Control Regulations
Section 12.1 Purpose, Authority and Applicability
Section 12.2 Authorization for Adoption of This Chapter
Section 12.3 Waivers
Section 12.4 Definitions
Section 12.5 Earthwork Permit Requirements and Exemptions
Section 12.6 Erosion Control Plan Required
Section 12.7 Offense of Failing to Comply, Notification and Stop Work Orders
Section 12.8 Abatement by City
Section 12.9 Administration, Approvals, Surety
Section 12.10 Amendments to This Chapter
Section 12.11 Exhibits
Chapter 13 Impact Fees
Section 13.1 Purpose of This Chapter
Section 13.2 Authorization for Adoption of This Chapter
Section 13.3 Waivers and Appeals
Section 13.4 Definitions
Section 13.5 Comprehensive Master Plan and Capital Improvements Plan Adopted
Section 13.6 Applicability of Impact Fees
Section 13.7 Impact Fees as Conditions of Development Approval
Section 13.8 Establishment of Water, Wastewater and Roadway Service Areas
Section 13.9 Service Units
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Section 13.10 Impact Fees Per Service Unit
Section 13.11 Assessment of Impact Fees
Section 13.12 Calculation of Impact Fees
Section 13.13 Payment and Collection of Impact Fees
Section 13.14 Offsets and Credits Against Impact Fees
Section 13.15 Establishment of Accounts and Records
Section 13.16 Use of Proceeds of Impact Fee Accounts
Section 13.17 Appeals
Section 13.18 Refunds
Section 13.19 Updates to Plan and Revision of Fees
Section 13.20 Functions of Advisory Committee
Section 13.21 Agreement for Capital Improvements
Section 13.22 Use of Other Financing Mechanisms
Section 13.23 Exemption of Roadway Impact Fees
Section 13.24 Impact Fees as Additional and Supplemental Regulation
Section 13.25 Relief Procedures
Section 13.26 Water Facilities Impact Fees
Section 13.27 Wastewater Facilities Impact Fees
Section 13.28 Roadway Facilities Impact Fees
Section 13.29 Amendments to This Chapter
Chapter 14 Engineering Design Standards
Section 14.1 Purpose of This Chapter
Section 14.2 Authorization for Adoption of This Chapter
Section 14.3 Applicability of This Chapter
Section 14.4 Variances and Appeals
Section 14.5 General Conditions
Section 14.6 Construction Plan Requirements
Section 14.7 Street Design Criteria
Section 14.8 Street Improvement Specifications
Section 14.9 Street Signs
Section 14.10 Sidewalks
Section 14.11 Street Lighting
Section 14.12 Water System Improvements
Section 14.13 Wastewater System Improvements
Section 14.14 Drainage and Storm Sewer Improvements
Section 14.15 Miscellaneous
Section 14.16 Drainage Studies and Engineering Certification
Section 14.17 Amendments to This Chapter
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Chapter 15 Public Works Construction Standards
Section 15.1 Purpose of This Chapter
Section15.2 Authorization for Adoption of This Chapter
Section 15.3 Applicability of This Chapter
Section 15.4 Variances and Appeals
Section 15.5 Construction Standards
Section 15.6 Amendments to This Chapter
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Land Develooment Code
. Tpl(;l~
City of
Chapter 1
General Provisions
Section 1.1 Title
This document shall be known and may be cited as the Land Development Code of the City of Colleyville,
Texas.
Section 1.2 Applicability
The provisions of this Land Development Code shall apply to all lots, parcels of land, rights-of-way, buildings
and structures located within the Corporate Limits of the City of Colleyville.
Section 1.3 Authorization for Adoption of This Land Development Code
The regulations contained in the various chapters of this Land Development Code have been adopted upon
approval of an ordinance, after public hearing, by the City Council of the City of Colleyville in accordance with
the authority described within each chapter and the following:
1. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality; and.
2. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 1.4 Purpose of the Land Development Code
The purpose of this Land Development Code is to promote the health, safety, and general welfare of the
community and to:
1. combine zoning, subdivision and other regulations into a single document that can be used for
development of property and public facilities in Colleyville, Texas;
2. establish reasonable standards of design and procedures for subdivisions in order to further the
orderly layout and use of land, and to ensure proper legal descriptions of subdivided land;
3. provide that the cost of improvements which primarily benefit the tract of land being developed be
borne by the owners or developers of the tract and that the cost of improvements which primarily
benefit the entire community be borne by the community as a whole; and
4. avoid overlapping, conflicting or inconsistent regulations found in land use control systems consisting
of separate zoning, subdivision, and other ordinances.
Section 1.5 Purpose of This Chapter
The purpose of this Chapter is to:
1. establish rules, regulations and procedures for the administration of this Land Development Code and
to establish the process for amending this Code;
Chapter 1 - General Provisions
Page 1 - 1
Land Develooment Code
Collevville. Texas
City of
2. establish regulations which describe the process for considering waivers, variances and appeals
regarding this Land Development Code; and
3. establish specific boards and commissions responsible for considering requests for a waiver or
variance from a regulation or to hear an appeal of a decision of an Administrative Official authorized
to enforce and administer this Land Development Code.
Section 1.6 Administration and Enforcement
The provisions of the Land Development Code shall be administered, interpreted and enforced by the City
Manager, his designee, or by the administrator designated within this Code.
Section 1.7 Fees
The schedule of fees and charges associated with application filing, processing, plan review, or any other fee
required by provisions of this Land Development Code, shall be established by the City Council.
Furthermore, until all applicable fees, charges and expenses have been paid in full, no action shall be taken
on any application or appeal authorized by this Land Development Code. Fees required by this Land
Development Code shall not be refundable, except where a specific provision provides for refunding.
Section 1.8 Compliance Required
All land, buildings, structures or appurtenances thereon located within the City which are hereafter occupied,
used, erected, altered or converted shall be used, placed and erected in conformance with the regulations
prescribed herein. In their interpretation and application, the provisions of these regulations shall be
construed to be the minimum requirements for the promotion of the public health, safety, convenience,
comfort, morals and general welfare. Land used in meeting the requirements of this Land Development Code
with respect to a particular use or building shall not be used to meet the requirements for any other use or
building. No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as
an approval of a violation of the provisions of this document or of other ordinances of the City of Colleyville.
Certificates presuming to give authority to violate or cancel the provisions of this document or of other
ordinances of the jurisdiction shall be void.
Section 1.9 Certificate of Occupancy Required
1.9.A CERTIFICATE REQUIRED PRIOR TO OCCUPANCY
No building, or portion thereof, or parcel of land shall be occupied or used until a certificate of occupancy
has been issued by the City. Furthermore, no non-residential building, or portion thereof, or parcel of land
shall change in use or occupancy until a certificate of occupancy has been issued by the City. A current
certificate of occupancy is required on all land, buildings, or portions thereof except non-habitable
accessory buildings. Failure to comply with this provision may result in the issuance of a citation and/or
constitute basis for denial of or disconnection from City utilities or to require a franchised utility company
to do likewise.
1.9.B CONNECTION TO UTILITIES
No connection to the City utility systems shall be allowed unless and until a certificate of occupancy has
been issued by the City Inspector. However, temporary connection of utilities for a specified duration may
be authorized by the City Inspector for the purpose of clean up, construction or other such purposes.
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Land Development Code
Collevville. Texas
1.9.C RECORDS
City of
The Building Inspection Office shall maintain a record of all buildings or parcels of land for which a
Certificate of Occupancy has been issued.
1.9.D CERTIFICATE OF OCCUPANCY ApPLICATION
Application for a certificate of occupancy shall be made to the Building Inspection Office. No application
for a certificate of occupancy shall be approved which does not, at a minimum, contain the following
information: business name, business address, business phone number, type of proposed use, business
owner, business owner's address, business owner's phone number and emergency phone number,
applicant's driver's license number, applicant's date of birth, and applicant's signature.
1.9.E DISPLAY AND STATUS OF CERTIFICATE OF OCCUPANCY
1. All non-residential occupancies shall display a certificate of occupancy on the site and in a
conspicuous place.
2. The holder of a certificate of occupancy for a non-residential occupancy is required to notify the
Building Inspection Office of any change of address, name changes, or other pertinent
information listed on the certificate of occupancy application.
Section 1.10 Project Under Construction at Time of Code Adoption
Nothing herein contained shall require any change in the plans, construction or designated use of a building
actually under construction within the city on the effective date of this document and which entire building
shall be completed within one (1) year from the effective date of the document or which building shall be
maintained under continuous construction even though not completed within one (1) year. Nothing herein
contained shall require any change in plan, construction or designated use of a building for which a building
permit has been heretofore issued while such permit is valid and provided the building shall have been started
within 180 days of the date of issuance of the permit and which entire building shall be maintained under
continuous construction even though not completed within one (1) year.
Section 1.11 Compliance Required for Building Permits & Utility Services
No building or structure may be erected, constructed or installed on any lot, tract or parcel of land and public
utilities shall not be extended or connected to a building or structure unless the lot, tract or parcel of land is in
compliance with the provisions and requirements of this Land Development Code and all applicable Building
Permits and authorizations to proceed are first obtained.
Section 1.12 Waivers and Appeals - Generally
Any person seeking approval of a development as required by this Land Development Code may request a
waiver of or a variance from a requirement contained in this Code, or appeal a decision of an Administrative
Official by submitting a request using the procedures described in this Chapter. Due to the unique
arrangement and statutory organization of this Land Development Code, provisions for waivers, variances
and appeals of administrative decisions vary from chapter to chapter. The following table shows the approval
authority for waiver, variance and appeal requests for the specific chapters of this Land Development Code.
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Land Development Code
Collevville. Texas
Chapter 3 - Land Use
...................................................
Chapter 4 - Landscaping &
..E.3.lJf:I'~~i.!:l.9........
Chapter 5 - Tree Preservation
Chapter 6 - Building Design
Chapter 7 - Sign Regulations
................................................................................................................. .....j.....
Chapter 8 - Platting Procedures
j~~~~pt..p~.r..ir.:r.!~t~.r....~!.r.~.~t~t....
Perimeter streets
............................................................................................................................
Chapter 9 - Subdivision Design &
Re uired Facilities
r 10 - Private Streets &
ance Gates
.....................................
Chapter 11 - Park Land
Dedication
Chapter 12 - Erosion Control
Chapter 13 - Impact Fees
Chapter 14 - Engineering Design
Chapter 15 - Public Works
Construction Details
Note to table above: N/A - Not Authorized
N/A
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Section 1.13
City of
N/A
N/A
NIA
N/A
N/A
N/A
N/A
NIA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
N/A
N/A
N/A
N/
N/A
N/
/A
N/A
N/A
A
N/A
N/A
N/A
N/A
Section 1.13 Waivers and Appeals - City Council
Where specifically provided for in this Land Development Code, the City Council shall have the authority to
consider requests for a waiver or to hear and decide an appeal from an administrative decision on a
regulation. The City Council may approve, disapprove or modify such a request provided that such approval
or modification will not be detrimental to the public safety, health, or welfare or injurious to other property.
The applicant shall provide information to support a claim that there are extraordinary hardships or practical
difficulties which may result from strict compliance with the regulation or that the public interest may be better
served by an alternative proposal.
Section 1.14 Waivers and Appeals - Planning and Zoning Commission
Where specifically provided for in this Land Development Code, the Planning and Zoning Commission shall
have the authority to consider a waiver or to hear and decide an appeal from an administrative decision on a
regulation. The Planning and Zoning Commission may approve, disapprove or modify such a request
provided that such approval or modification will not be detrimental to the public safety, health, or welfare or
injurious to other property. The applicant shall provide information to support a claim that there are
extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or
that the public interest may be better served by an alternative proposal.
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Section 1.15 Waivers and Appeals - Sign Board of Appeals
1.15.A
CREATION OF SIGN BOARD OF ApPEALS
There is hereby created a Sign Board of Appeals consisting of seven members. Members of the Sign
Board of Appeals shall be appointed by the City Council and shall be removable without cause by the
Council. A member so appointed shall hold office for a term of two years except in the case of
appointments to fill vacancies for un-expired terms. Four members of the Board shall be selected on
even years and three members on odd years. In the event of a vacancy, the Council shall appoint a
member to serve for the un-expired term. Members shall serve until May 31 of the year of their terms'
expiration or until a successor is appointed and his successor shall serve until May 31, two years
thereafter or until their successors are appointed. The Board shall be composed of members of varying
backgrounds and should include representatives from the business community, electricians, sign
company representatives, architects, engineers, real estate appraisers, highway department employees
and the general citizenry.
1.15.B
JURISDICTION OF SIGN BOARD OF ApPEALS
The Sign Board of Appeals shall have the authority to consider requests for a waiver or a variance or to
hear an appeal of an administrative decision on a regulation contained in Chapter 7 - Sign Regulations of
this Land Development Code. The Sign Board of Appeals shall consider and recommend to the Council
the granting of variances from the provisions of the sign code where it appears that the provisions would
work a manifest injustice. In making such determinations, the Board shall consider such factors as the
type of sign, the location, the existence of signs in the general area, and such other factors as they deem
pertinent, having due regard for the purpose and intent of the Sign Code to provide public safety,
adequate lighting, open space and air, to conserve land, protect property values and encourage the
highest and best use of property.
1.15C
PROCEDURES OF BOARD
The Board shall elect a Chairman and a Vice-Chairman, who shall preside in the chairman's absence.
The Community Development Department of the City shall provide staff support to the Board. The
minutes of the meetings shall be recorded, showing the vote of each member upon the question, and
shall be made a matter of public record. Four members of the Sign Board of Appeals shall constitute a
quorum. In the event of the absence of the Chairman and Vice-Chairman, the four members constituting
the quorum shall elect for that meeting a member to preside as Acting Chairman and to assume all duties
of the Chairman. The concurring vote of four members of the Board shall be necessary to render a
decision on any matter before the Board. The Sign Board of Appeals shall meet monthly provided there
has been an appeal or request for variance filed with the building official fourteen days prior to the
meeting date.
1.15.D
VARIANCE
A person may request a variance from the sign regulations by filing said request with the building official.
Any request for a variance shall be accompanied by a non-refundable filing fee. The filing fee will be
established by the City Council. A request for variance shall be referred for consideration to the Sign
Board of Appeals. In considering a request for a variance to the provisions of the Sign Code the Sign
Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance
requested, the location of the variance request, the duration of the requested variance, the effect on
public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and
the effects of the variance on the general plan of regulation of signs within the City.
1.15.E
REPORT TO COUNCIL AND ApPROVAL OF REPORT
The Sign Board of Appeals will submit a report with the granting of any variance to the Sign Code to the
City Council at its next regularly convened meeting. The variance shall be deemed granted upon
ratification of the decision of the Sign Board of Appeals by the City Council.
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Section 1.16 Variances & Appeals - Zoning Board of Adjustment
The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning
regulation or to hear an appeal from an administrative decision on a regulation in Chapter 3 - Land Use
Regulations; Chapter 4 - Landscaping and Buffering; and Chapter 6 - Building Design (except for requests
regarding tree mitigation requests which are considered by the Planning and Zoning Commission). The
Zoning Board of Adjustment shall additionally have the authority to consider requests for an interpretation of
any regulation or definition contained in this Land Development Code. The rules and procedures contained in
this section shall be applicable to such request.
1.16.A
ZONING BOARD OF ADJUSTMENT ESTABLISHED
A Zoning Board of Adjustment is hereby established, which shall consist of five (5) members and two (2)
alternates, each to be appointed for a two (2) year alternate term by the City Council. All vacancies
occurring on the Zoning Board of Adjustment shall be filled by appointment by the City Council. Each
year after a new term begins members shall elect a Chairman and Vice-Chairman, a new term beginning
at the first meeting in October. Members of the Zoning Board of Adjustment may be removed from office
by the City Council for cause upon written charges and after a public hearing. Vacancies shall be filled by
resolution of the City Council for the unexpired term of the member affected. The City Council shall
appoint two (2) alternate Board members to serve in the absence of regular members.
1.16.B
PROCEEDINGS
The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping
with the provisions of this ordinance. Meetings shall be held at the call of the Chairman or Vice-Chairman
and at such other times as the Board may determine. The Chairman, or in his absence the Acting
Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to
the public.
Said Board shall keep minutes of its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other
official actions, all of which shall be made a matter of public record and be immediately filed in the office
of the City and maintained by the person acting as City Secretary.
1.16.C
HEARINGS; ApPEALS; NOTICE
Appeals to the Zoning Board of Adjustment concerning interpretation or administration of a regulation
may be taken by any person aggrieved or by any officer, agency, department or commission of the
governing body of the City affected by any decision of the Administrative Official. Such appeals shall be
taken within a reasonable time, not to exceed fifteen (15) days or such lesser period as may be provided
by the rules of the Board, by filing with the Administrative Official on behalf of the Zoning Board of
Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith
transmit to the Board all papers constituting the record upon which the action appealed from was taken.
The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as
written notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any
party may appear in person or by an agent or attorney.
1.16.D
STA Y OF PROCEEDINGS
An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative
Official from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of
appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life and property. In such case, proceedings shall not be stayed other than by a court of
record on application, on notice to the Administrative Official from whom the appeal is taken and on due
cause shown.
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1.16.E
JURISDICTION OF ZBA
When in its judgment the public convenience and welfare will be substantially served, the Board of
Adjustment may issue appropriate orders to the Administrative Official to guard against future error; and
to promulgate appropriate procedure in addition to that under which the Administrative Official already
operates. When the appropriate use of the neighboring property will not be substantially or permanently
injured, the Board of Adjustment may in specific cases, after public notice and public hearing, (subject to
appropriate conditions and safeguards and in accordance with Section 211.009, Local Government Code,
VTC.A.), authorize the following variances and special exceptions to the regulations herein established
and take action relative to the continuance or discontinuance of a nonconforming use. Thus, the Board
has jurisdiction to:
1. Hear and decide appeals where it is alleged there is error on any order, requirement, decision or
determination made by the Administrative Official in the enforcement of this code.
2. Interpret the intent of the Zoning District Map where uncertainty exists because the physical
features, on the ground vary from those on the Zoning District Map and none of the rules set forth
in Chapter 3 - Land Use, Section 3.5. C - "Rules For interpretation of District Boundaries" apply.
3. Approve the use of a lot or lots in a residential district contiguous to (even if separated by a street
or alley) an apartment, office, retail, commercial or industrial district for off-street parking of
passenger vehicles subject to such standards and safeguards as are appropriate for the
protection of adjacent residential uses.
4. Initiate on its motion or cause presented by interested property owners an action to bring about
the discontinuance of a nonconforming use in accordance with the following:
a. Require the discontinuance of a nonconforming use under any plan whereby full value of the
structure can be amortized within a definite period of time, taking into consideration the
general character of the neighborhood and the necessity for all property to conform to the
regulations of this ordinance.
5. Permit the change of occupancy of a nonconforming use to another nonconforming use in
accordance with the provisions of Chapter 3 - Land Use of this Land Development Code.
6. Permit the enlargement of a nonconforming use in accordance with the provisions of Chapter 3
Land Use of this Land Development Code.
7. Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by
such building, provided such reconstruction does not, in the judgment of the Board, prevent the
return of such property to a conforming use or increase the nonconformity of a nonconforming
structure and provided that such actions conform to the non-conforming provisions of Chapter 3 -
Land Use of this Land Development Code.
8. Require the vacation and demolition of a nonconforming structure, which is deemed to be
obsolete, dilapidated or substandard.
9. Vary the provisions and conditions required for the development of off-street parking facilities
when such variations are found to be in the interest of the area and necessary to secure
reasonable parking use of a specific parcel of land.
10. Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage,
minimum sidewalk or setback standards, off-street parking or off-street loading or visibility
obstruction regulations where the literal enforcement of the provisions of this ordinance would
result in an unnecessary hardship, and where such variance is necessary to permit a specific
parcel of land which differs from other parcels of land in the same district by being of such
restricted area, shape or slope that it cannot be developed in a manner commensurate with the
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development permitted upon other parcels of land in the same district. A modification of the
standards established by this ordinance shall not be granted to relieve a self-created or personal
hardship, nor for financial reason only, nor shall such modification be granted to permit any
person a privilege in developing a parcel of land not permitted by this ordinance to other parcels
of land in the district.
11. Permit such variances of fence heights when in the opinion of the Board such fence will not
adversely affect neighboring property.
1.16.F
SPECIAL EXCEPTIONS; CONDITIONS GOVERNING ApPLICATIONS; PROCEDURES
A special exception shall not be granted by the Board of Adjustment unless and until:
1. A written application for a special exception is submitted indicating the section of this ordinance
under which the special exception is sought and stating the grounds on which it is required.
2. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the
property for which special exception is sought or his agent shall be notified by certified mail.
Notice of such hearings shall be posted at the City Hall; and one time in the official publication of
the City, stating the time, place and nature of such hearing, at least fifteen (15) days prior to the
public hearing. All property owners within two hundred (200) feet of the property shall be notified
by mail not less than fifteen (15) days prior to the date of the public hearing.
3. The public hearing shall be held. Any party may appear in person, or by an agent or attorney.
4. The Zoning Board of Adjustment shall make a finding that it is empowered to grant the special
exception, and that the granting of the special exception will not adversely affect the public
interest.
5. In granting a special exception, the Zoning Board of Adjustment may also prescribe a time limit
for which the special exception may continue. Failure to comply with this requirement stipulated
by the Board shall void the special exception permit issued.
6. Violation of any reasonable provisions, conditions and safeguards that are made a part of the
terms under which the special exception permit granted shall be deemed in violation of this
ordinance and punishable under the penalty section of this Land Development Code.
1.16.G
VARIANCES; CONDITIONS GOVERNING ApPLICATIONS; PROCEDURES
The Zoning Board of Adjustment may authorize upon appeal in specific cases such variance from the
terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance
from the terms of this ordinance shall not be granted by the Zoning Board of Adjustment unless and until:
1. A written application for a variance is submitted demonstrating:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same district;
b. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
ordinance;
c. That the special conditions and circumstances do not result from the actions of the applicant;
d. That granting the variance requested will not confer on the applicant any special privilege that
is denied by this ordinance to other lands, structures, or buildings in the same district;
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e.
City of
No nonconforming use of neighboring lands, structures, or buildings in the same district, and
no permitted or nonconforming use of lands, structures, or buildings in other districts shall be
considered grounds for the issuance of a variance.
2. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the
property for which requested variance is sought or his agent shall be notified by certified mail.
Notice of such hearings shall be posted at the City Hall; and one time in the official publication of
the City, stating the time, place and nature of such hearing, at least fifteen (15) days prior to the
public hearing. All property owners within two hundred (200) feet of the property shall be notified
by mail not less than fifteen (15) days prior to the date of the public hearing.
3. The public hearing shall be held. Any party may appear in person, or by an agent or by attorney.
4. The Zoning Board of Adjustment shall make findings that the applicant has met the requirements
of paragraph 1 above.
5. The Board shall further make a finding that the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure.
6. The Zoning Board of Adjustment shall further make a finding that the granting of the variance will
be in harmony with the general purpose and intent of this ordinance, and will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
In granting any variance, the Zoning Board of Adjustment may prescribe appropriate conditions
and safeguards in conformity with this ordinance. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation
of this ordinance and punishable under the penalty section of this Land Development Code.
Under no circumstances shall the Board grant a variance to allow a use not otherwise permissible
under this section in the district involved, or any use expressly or by implication prohibited by the
terms of this ordinance in said district.
1.16.H
DECISION OF ZONING BOARD OF ADJUSTMENT
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement,
decision, or determination of the Administrative Official, or to decide in favor of the applicant on any
matter upon which it is required to pass under this Land Development Code, or to effect any variation in
the application of this ordinance.
1.16.1
ApPEAL PROCEDURES - ZBA
1. Any person or persons, or any board, taxpayer, department, commission or agency of the City
aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of
record of such decision, and under the time limit specified in Section 211.011, Local Government
Code, V.T.CA If no appeal has been taken from the Zoning Board of Adjustment ruling within
the time limit specified under the above mentioned Article, the Board's ruling shall be final.
2. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first
presented to the Administrative Official, and that such questions shall be presented to the Zoning
Board of Adjustment only on appeal from the decision of the Administrative Official, and that
recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided
by law.
3. It is further the intent of this ordinance that the duties of the City Council in connection with this
section shall not include hearing and deciding questions of interpretation and enforcement that
may arise. Under this ordinance the City Council shall have only the duties of considering and
adopting or rejecting proposed amendments, or the repeal of this ordinance, as provided by law.
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4. Conditions: The Board or City Council, as may apply, is empowered to impose upon any variance
or special exception any condition reasonably necessary to protect the public interest and
community welfare.
Section 1.17 Reserved
Section 1.18 Amending the Land Development Code
The regulations and restrictions imposed by this Land Development Code and the districts and boundaries
created by the Official Zoning Map may be amended from time to time using the procedures provided in this
section.
1.18.A
AMENDING A SUBDIVISION PLAT REGULA nON
A subdivision plat regulation as contained in Chapters 8, 9, 10, 11, 12, 14 & 15 of this Land Development
Code, may be amended upon adoption of an ordinance approved by the City Council after public hearing.
Notice of said public hearing to be given in a newspaper having general circulation in the city not less
than ten (10) days prior to the hearing. The City Council may request the recommendation of the
Planning and Zoning Commission on any proposed amendment to a plat regulation. Said amendment
shall be additionally subject to the standard rules, regulations and procedural requirements established in
Chapter 212 - Local Government Code and Article VI- Charter of the City of Co/leyville.
1.18.B
AMENDING A ZONING REGULA nON OR THE OFFICIAL ZONING MAP
The City Council may from time to time amend, supplement, change, modify or repeal the regulations and
restrictions imposed in Chapter 1 - General Provisions; Chapter 2 - Definitions; or Chapter 3 - Land Use,
of this Land Development Code, and the districts and boundaries described on the Official Zoning Map,
using the procedures described in this section. Such amendment shall additionally be subject to the
rules and procedures in Chapter 211 - Local Government Code, and Article VI of the Charter of the City
of Co/leyville.
1. Zoninq Requlation Amendments - Any person or corporation may petition the City Council for a
change or amendment to the provisions of these regulations; or the Planning and Zoning
Commission or City Council may, on its own motion, initiate study and proposal for changes or
amendments to a zoning regulation in the public interest.
2. Zoninq District Boundarv Chanqes - Any person or corporation having a proprietary interest in a
parcel of land may request a change in zoning on such property; or the Planning and Zoning
Commission or City Council may, on its own motion, initiate proceedings to consider a change in
zoning on a parcel of land. All requests for a change in zoning shall be submitted, together with
the required fee, to the Administrative Official, which officer shall cause notices to be sent and the
request placed on the Planning and Zoning Commission agenda. Only one application for a
zoning change will be considered at anyone time on a parcel of land. No additional rezoning
application on a parcel of land will be considered until final action of any pending application has
been completed, subject to the time limits imposed elsewhere in these regulations.
3. Fees - Until all applicable fees, charges, expenses and delinquent city, county, and school taxes
have been paid in full, no action shall be taken on any zoning application. No refund of any
application fee shall be made after the request has been scheduled for consideration by the
Commission.
4. Commission Public Hearinq and Written Notification - Before making report of an application for a
planned development, special use permit, or proposed amendment to a zoning regulation or
zoning district boundary, the Planning and Zoning Commission shall hold a public hearing and
receive comment in accordance with the following:
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a. No less than ten (10) days notice of the time, place and nature of the public hearing shall be
published in publication having general circulation in the city of Colleyville.
b. When a proposed change affects a specific tract of land, written notice of the public hearing
shall be sent to all owners of real property lying within two hundred (200) feet of the area
being considered. Such notice to be given to each property owner as listed on the last
approved tax roll not less than ten (10) days before the day set for hearing by depositing
letters properly addressed and postage paid in the United States Post Office. The applicant
will be sent notice by certified mail.
5. Siqn Postinq - The Administrative Official is directed to cause a sign to be placed upon the
property clearly visible to passersby, which states that the property is the subject of a rezoning
application (or words of like intent). The sign shall be posted at least ten (10) days prior to the
hearing and shall remain posted until the hearing. Failure to perform this particular notice
provision shall, however, in no way prevent the Planning and Zoning Commission from hearing
the application and disposing of the issues involved on the hearing date.
6. Report of Commission - After a public hearing, the Planning and Zoning Commission shall vote
on the proposal and report its recommendation to the City Council. The proposal. as
recommended by the Commission, shall be place on the next available City Council agenda,
provided proper notice has been given.
a. Amended Proposals: The Planning and Zoning Commission may consider a request from the
applicant to amend the proposal without additional notification of adjacent property owners,
provided that the amended request is determined by the Commission as being more
restrictive than the initial request and the boundary or content of the amended request is not
expanded.
b. Notice of Appeal: Denial of the proposal by the Planning and Zoning Commission shall be
final, unless the applicant submits a written notice of appeal within ten (10) days from the
date of the action by the Commission. The Administrative Official shall re-notify all property
owners lying within two hundred (200) feet of the area being considered and place the
applicant's rezoning request on the next available agenda for consideration by the City
Council.
c. Failure to Act Provision: Failure by the Commission to act on an amendment within sixty (60)
days of the first date of public hearing shall be considered a recommendation for denial of the
amendment.
7. City Council Public Hearinq and Newpaper Notice - A zoning regulation or a zoning district
boundary may be amended by the City Council upon adoption of an ordinance, but no
amendment shall be made without public hearing before the City Council. No less than fifteen
(15) days notice of the time, place and nature of such hearing shall be published in publication
having general circulation in the City of Colleyville. No amendment to a regulation or to a district
boundary shall be considered by the City Council until a report of the proposed amendment has
been made by the Planning and Zoning Commission. Unless denied by the Planning and Zoning
Commission, every rezoning request receiving final approval of the Commission shall be
forwarded to the City Council for consideration, unless the applicant has requested the proposal
be withdrawn. The City Council may refer any amended rezoning request back to the Planning
and Zoning Commission for further study and recommendation.
8. Special City Council Votinq Requirements - No change of which the Planning and Zoning
Commission has recommended denial or in case of a protest against such change, signed by the
owners of twenty (20) percent or more of either the area of lots or land included in such proposed
change, or lots or land immediately adjoining same and extending two hundred (200) feet
therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-
fourths (3/4) of all members of the City Council. In computing the percentage of land area, the
area of streets and alleys shall be included in the computation.
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9. Withdrawal - Any proposal or application that is withdrawn by the applicant before a vote is
considered by the City Council shall not be subject to the time limit for submittal of a new
application.
10. Time Limit for Re-submittal - No one shall request a zoning change on the same parcel of
property more often than once every twelve (12) months. However, a request for a change of
zoning of a parcel of property to a different zoning classification than that previously requested
may be filed as frequently as desired.
11. Submittal Requirements for Zoninq District Chanqe - Every petition for a zoning district change
shall be accompanied by supporting documents of the area petitioned for a zone change. In
general the petitioners shall submit a drawing and supporting documents as follows:
a. Scale - No smaller than I" = 100'
b. Zoning and use of adjacent property
c. Vicinity Map - showing location of the land within the community
d. Physical features - The location of existing streets, water courses, railroads, etc., on and
adjacent to the subject property
e. 1 OO-year flood plain limits within the subject property
f. Legal description (metes and bounds) of the total site area proposed for rezoning,
development, or special use permit to be included on the Zoning Exhibit and submitted
on a separate letter or legal size single page.
12. Special Application Requirements - Site Plan and Supporting Documents Required - Every
petition for a zoning district change to R-D, R-MF, MH, C-PO, CN, C-C and M-L and all Special
Use Permit requests shall additionally be accompanied by a site plan and supporting documents
of the area petitioned for a zone change. The purpose of the site plan is to illustrate the logical
arrangement of the elements on the land and to show relationships of elements to each other.
The petitioner is encouraged to meet with the appropriate city staff member in an informal work
session to ascertain the exact extent of plans and documents required, if any, prior to the City
initiating the advertisement for public hearing on the petition.
The general type and extent of site plans and supporting documents which may be required of
the petitioner include, but are not necessarily limited to:
a. Site Plan, meeting all of the requirements of a "Preliminary Plat" as described in the City's
subdivision regulations, except that topographic and drainage map information provisions
may be waived by the reviewing body when the inclusion of such data would not materially
contribute to the necessary evaluation of the project petition. Additional site plan drawing
information which the reviewing body may require include:
1. Existing and proposed zoning district classifications and boundaries;
2. General outline of extensive tree cover areas;
3. Drainage ways and 1 OO-year flood plain limits;
4. Proposed treatment for screening the perimeter of the land embraced by the petition,
including screening of internal separations of land use where required;
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5. Proposed internal non-vehicular circulation linkages, such as: pedestrian paths and hike
trails; bike trails; and equestrian bridle paths, where applicable, including their
interrelationships with vehicular circulation systems and proposed handling of points of
conflict;
6. A graphic illustration showing the location of proposed buildings, driveways and all
physical elements and a tabular summary schedule indicating:
a) The gross acreage and percent of each type of zoning category proposed;
b) The gross acreage and percent of each type of land use proposed, with streets and
open space categories listed separately, and residential uses further stratified as to
type, i.e., single family, two-family, multifamily, townhouse, etc., including the total
gross project acreage;
c) The gross residential density of each type of residential land use proposed,
expressed in dwelling units per acre; and based on net residential land use plus one-
half of any abutting street, only;
d) The quantitative number of dwelling units proposed for each residential dwelling type,
i.e., single family, two-family, etc.;
e) Proposed maximum lot coverage by building types (i.e., one-family, multifamily,
commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of
the lot or site.
b. Architectural Drawings, such as elevations, concept sketches or renderings depicting building
types and other significant proposed improvements including the treatment and use of open
spaces, etc., where the submission of such drawings would more clearly portray the nature
and character of the applicant's land use and development proposals.
c. Written Documents, in narrative form on 8-1/2" X 11" sheets, including:
1. Statement(s) on planning objectives to be achieved in the land use/development
proposal, including a narrative description of the character of the proposed development
and rationale behind the assumptions and choices made by the applicant, including use
and ownership of open spaces, etc.
2. Legal description of the total site area proposed for rezoning, development or special use
permit.
3. A development schedule, if any, indicating the approximate date(s) when construction of
the proposed development, and subsequent stages or phases can be expected to begin
and be completed, to the best of the applicant's knowledge and belief.
4. A statement as to the present and proposed ownership of the site or parcels thereof
embraced by the application.
5. Statement(s) as to how and when the applicant proposes to provide water and sewer to
the development.
6. Signature(s) and title(s) of the applicant(s) and preparer(s) of the written documents
certifying the information presented in all of the plans and supporting documents reflect a
reasonably accurate portrayal of the general nature, character and feasibility of the
applicant's proposals. All signatures will be dated.
13. Traffic Impact Analvsis - When a proposed development is projected to generate more than 1000
vehicle trips per day, a traffic impact analysis shall be required with the rezoning request. The
traffic impact analysis shall be prepared in accordance with the requirements of the Director of
Public Services. The purpose of the traffic impact analysis is to determine the need for traffic
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mitigation measures which may include, but are not limited to, dedication of additional right-of-
way, construction of turning lanes, or construction of traffic control facilities.
1.18.C
RESERVED
1.18.n
AMENDING ALL OTHER REGULA nONS
A regulation contained in any of the other Chapters of this Land Development Code that have not been
previously mentioned may be amended upon adoption of an ordinance approved by the City Council after
public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the
city not less than ten (10) days prior to the hearing. The City Council may request the recommendation of
the Planning and Zoning Commission on any proposed amendment. Amendments shall be additionally
subject to the standard rules, regulations and procedural requirements established in Chapter 51 - Local
Government Code and Article VI of the Charter of the City of Colleyville.
Section 1.19 Violations and Penalties
Any person, firm or corporation violating any of the provisions of this Land Development Code shall be guilty
of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars
($2,000.00), unless a lessor fine is provided for in the section of the Code so violated. Each and every day
such violation continues shall constitute a separate offense and shall be punishable as such.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor,
engineer, planner, agent, or other person who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the penalties herein provided.
Section 1.20 Relationship to Other Laws and Restrictions
It is not intended by this Land Development Code to interfere with or abrogate or annul any other resolution or
rule, regulation or permit, previously adopted or issued or which shall be adopted or issued, not in conflict with
any of the provisions contained herein; nor is it intended by this Land Development Code to interfere with or
abrogate or annul any easements, covenants or other agreements between parties; provided, however, that
where this Land Development Code imposes a greater restriction upon land, buildings, or structures than is
imposed by other ordinances, covenants, restrictions or agreements, then the provisions of this Code shall
govern. If other ordinances are more strict than this Code, then the more strict provisions shall prevail.
Section 1.21 Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.
Section 1.22 Severability Clause
It is hereby declared to be the intention of the City Council of the City of Colleyville, that the sections,
paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence,
paragraph, or section of this Code shall be declared unconstitutional, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code since
the same would have been enacted by the City Council without the incorporation in this Code of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section.
Chapter 1 - General Provisions
Page 1 - 14
Section 1.23 Amendments to This Chapter
Land Development Code
Colle iIIe Texas
City of
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
Chapter 1 - General Provisions
Page 1 - 15
Land Development Code
City of Collevville. Texas
Chapter 2
Definitions
Section 2.1 Purpose of This Chapter
The purpose of this Chapter is to define words, terms and phrases contained within this Land Development
Code.
Section 2.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the following authority:
1. Chapter 211 - Municipal Zoning Authority of the Texas Local Government Code, which authorizes a
municipality to divide a municipality into districts and, within each district, regulate the erection,
construction, reconstruction, alteration, repair, or use of buildings, other structures, or land.
2. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or
the trade and commerce of the municipality.
3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers
granted to municipalities by the Constitution or the laws of the State of Texas.
Section 2.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request an
interpretation of the definitions contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 2.4 General Construction of Language
In the interpretation of this Land Development Code, the provisions and rules of this section shall be observed
and applied, except as otherwise noted or when the context clearly requires otherwise.
1. Words used or defined in one tense or form shall include other tenses and derivative forms.
2. Words in the singular number shall include the plural number, and words in the plural number shall
include the singular number.
3. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
4. The word person includes individuals, firms, associations, organizations, partnerships, trusts, limited
liability companies, corporations and any other similar entities.
5. The word shall is always mandatory. The word should is discretionary. The word may is permissive.
6. The word used or occupied includes the words intended, designed, or arranged to be used or occupied.
7. The word lot includes the words plot, parcel or tract of land.
8. The word City means the City of Colleyville, Texas.
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
9. The words City Councilor Council mean the City Council of the City of Colleyville, Texas.
10. The words Planning & Zoning Commission or Commission mean the Planning & Zoning Commission of
the City of Colleyville, Texas.
11. The word Board means the Zoning Board of Adjustment of the City of Colleyville, Texas.
12. In case of any differences of meaning or implication between the text of this Land Development Code and
any caption, illustration or table, the text shall control.
13. For words not defined in this Chapter, the definitions contained in The American Heritage Dictionary of
the English Language, latest edition, are hereby adopted.
Section 2.5 Definitions
Aa
Accessory Building or Use. A subordinate building enclosed on three or more sides, but not a carport,
having a use customarily incident to and located on the same lot occupied by the principal building, or a use
customarily incident to the main or principal use of the property. A building housing an accessory use is
considered an integral part of the principal building when it has any part of a wall in common with the principal
building, or is under an extension of the main roof and designed as an integral part of the main building.
Administrative Official. A person assigned by the City Manager responsible for the administration of this
LCD or a particular portion of the Code.
Aggrieved Person. A person or group of people with an immediate, pecuniary and substantial interest in an
action taken by the Administrative Official or Zoning Board of Adjustment under this Land Development Code,
as opposed to a remote or indirect interest. A person is also aggrieved if the person suffers a denial of some
personal or property right or imposition of a burden or obligation different from that suffered by the public in
general.
Alley. A public right-of-way that affords a secondary means of access to abutting property, typically used for
secondary vehicular service access to the back or side of properties that abut on a street or highway.
Amendments. Changes made in the text of the Land Development Code or to the zoning map.
Animation. Any visible mechanical movement in any sign, or apparent movement achieved by electrical
pulsation or by other means, such as sequential light phasing.
Antenna Support Structure. Any tower, mast, pole, tripod, box frame, or other structure utilized for the
purposes of transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave
signals.
Antenna. A metallic apparatus used for the sending or receiving of radio, television, electromagnetic, or
microwave signals. An antenna includes microwave reflectors/antennas and satellite dishes.
Apartment. A room or suite of rooms in an apartment building arranged, designed or occupied as a dwelling
unit residence by a single family, individual, or group of individuals living together as a single housekeeping
unit.
Approving Body. The Planning and Zoning Commission, City Councilor staff member authorized by this
Land Development Code to approve a subdivision plat.
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Land Development Code
City of Collevville. Texas
Assessment. The determination of the amount of the maximum impact fee per service unit which can be
imposed on new development pursuant to this Land Development Code.
Assisted Living Facility. A congregate residence facility for ten or more elderly (over 55 years of age)
persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited
number of support services such as meals, laundry, housekeeping, transportation and social or recreational
services may be provided or associated with the assisted living facility. Units may be attached or detached,
single or double occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care
is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time
or temporary basis, e.g. visiting nurses.
Automobile Dealership. A commercial business which conducts the retail sales of new or used
automobiles.
Automobile Repair & Service. 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, or any other similar use. 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; and other similar uses.
Automobile. A motor vehicle as defined by the Texas Motor Vehicle Laws published by the Texas
Department of Public Safety.
Awning. A roof-like structure, usually made of canvas, that serves as a shelter, as over a storefront, window,
door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is
supported by the building to which it is attached.
Bb
Banner. A temporary sign made of cloth, canvas or other light fabric.
Basement or Cellar. A story wholly or partly underground and having more than one-half of its height from
floor to ceiling, below the level of the finished grade at the front of the building. A basement or cellar is not
counted when measuring the height of a building.
Bed & Breakfast. A tourist lodging service within the rooms of a single family, owner occupied principal
residence located on a property served by a single utility meter and single water and wastewater service.
Block. A tract of land or a lot or group of lots, bounded by streets, public parks, railroad rights of way, water
courses or foreshores, unsubdivided land, or a city limit line, or by any combination of the above. In cases
where platting is incomplete or disconnected, the administrative official shall determine the boundary of the
block.
Breezeway. A covered passage one story in height and six (6) feet or more in width connecting a main
structure and an accessory building.
Build. To erect, convert, enlarge, reconstruct, or alter a building or structure.
Buildable Area. The portion of a residential lot which includes: all property between the front yard setback
and the rear property line; and all the property which lies under a single driveway not greater than twenty (20)
feet in width, extending from the front property line to the garage. Applicable only to tree preservation
requirements in residential developments.
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Land Development Code
City of Collevville. Texas
Building. A structure built for the support, shelter and enclosure of persons, animals, chattels or movable
property of any kind.
Building Envelope. The maximum buildable area remaining on a lot after the front, side and rear yard
setbacks are met.
Building Line. A line which coincides with the perimeter of the building envelope, over which any part of a
building is not allowed to extend unless otherwise permitted in this Land Development Code.
Building Line, Front. A line located a minimum horizontal distance from a front lot line and parallel thereto,
over which any part of a building is not allowed extend unless otherwise permitted in this Land Development
Code.
Building Line, Rear. A line located a minimum horizontal distance from a rear lot line, if any, and parallel
thereto, over which any part of a building is not allowed to extend unless otherwise permitted in this Land
Development Code.
Building Line, Side. A line located a minimum horizontal distance from a side lot line, if any, and parallel
thereto, over which any part of a building is not allowed to extend unless otherwise permitted in this Land
Development Code.
Building Official. The Building Inspector or Administrative Official of the City of Colleyville charged with
responsibility for issuing permits and enforcing the zoning ordinance and building code.
Building Permit. Written permission issued by the City for the construction, repair, alteration or addition to a
structure.
Cc
Caliper. See Diameter.
Canopy. A canopy is a roof-like structure that shelters a use such as, but not restricted to, a gasoline pump
island, and is supported by either one or more columns or by the building to which it is accessory and is open
on two or more sides.
Capital Construction Cost of Service. Costs of constructing capital improvements or facility expansions,
including and limited to the construction contract price, surveying and engineering fees, land acquisition costs
(including land purchases, court awards and costs, attorney's fees, and expert witness fees), and the fees
actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or
updating the capital improvements plan who is not an employee of the City.
Capital Improvements Advisory Committee (Advisory Committee). Advisory committee, appointed by
the City Council, consisting of at least five members, not less than 40 percent of which shall be
representatives of the real estate, development, or building industries who are not employees of the City, and,
if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member
representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including
one regular or ad hoc member who is not an employee of the City and which is representative of the real
estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial
jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed
to regularly review and update the capital improvements program in accordance with the requirements of
Chapter 395 of the Texas Local Government Code, and it successors.
Capital Improvements Program (CIP). Plan that identifies water, wastewater and roadway capital
improvements or facility expansions pursuant to which impact fees may be assessed.
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
Carport. A structure or part thereof, but not an accessory building, either detached or attached to a principal
building, and which is open on two or more sides, consisting of a roof and either walls or columns for the
purpose of temporary parking of vehicles, boats or trailers.
Cellular Communication Tower, Monopole. A low-power radio transmitting structure, consisting of a single
pole, which sends and receives radio signals from mobile telephones, linked to one central call-processing
point.
Cemetery. Land used or intended to be used for the interment of human and pet remains, and dedicated for
cemetery purposes including crematories, mausoleums and mortuaries, when operated in conjunction with
and within the boundary of such cemetery.
Certificate of Occupancy. An official certificate issued by the City upon completion of construction,
alteration or change in occupancy of a building. The certificate acknowledges conformance with the
requirements of the Land Development Code and/or building codes.
City Engineer (Engineer). City Engineer of the City of Colleyville.
City Manager. The chief professional city administrative officer of the City of Colleyville, Texas.
City Official. Any person, elected or appointed, or any board or committee authorized or constituted by City
ordinance or state law to act in behalf of the municipality.
Clinic. A building or part of a building used solely for the purpose of consultation, diagnosis and treatment of
patients by one or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors, or
drugless practitioners, together with their qualified assistants. Without limiting the generality of this definition,
the building may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and
dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care, rooms
for the abiding of patients, or operating rooms for major surgery.
Collector Street. A street which carries traffic from local streets to the system of major streets, including the
principal entrance street or streets into a subdivision development, and streets designed primarily to provide
traffic circulation within or between one (1) or more subdivisions.
Commercial Building Footprint. The portion of the lot which lies beneath the building pad. Applicable only
to tree preservation requirements in commercial developments.
Commercial Use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee
or licensee for the purpose of engaging in the exchange, buying or selling or services or products.
Common Area. Land within or related to a development, not individually owned or dedicated for public use,
that is designed and intended for the common use of the residents and their guests of the development, and
may include such complementary structures and improvements as are necessary and appropriate.
Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or association.
Community Center. A building dedicated to social or recreational activities, serving the City or a
neighborhood and owned and operated by the City or by a non-profit organization dedicated to promoting the
health, safety, morals or general welfare of the City.
Community Home for Disabled Persons. A community-based residential home operated by the Texas
Department of Mental Health and Mental Retardation, a community center organized under Section 3.01 of
the Texas Mental Health and Mental Retardation Act, a non-profit corporation, or an entity certified by the
Texas Department of Human Services as a provider under the medical assistance program serving persons
in intermediate care facilities for persons with mental retardation, which otherwise meet the requirements of
the Community Homes for Disabled Persons Location Act, Article 1011 n, Tex. Rev. Civ. Stat. Ann.
Such facilities provide to the disabled residents food and shelter, personal guidance, care, habilitation
services or supervision. Not more than six disabled persons, regardless of their legal relationship to one
Chapter 2 - Definitions
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Land Development Code
City of Collevville, Texas
another, and two supervisory personnel may reside in such facility at the same time. Such facilities shall
meet all applicable licensing requirements of the State of Texas, shall not be located within one-half mile of a
previously existing community home for disabled persons, and shall meet all applicable requirements of this
and other pertinent ordinances of the City of Colleyville.
Comprehensive Plan. The official document and long-range plan, adopted by the City Council, which is
intended to guide the growth and development of the City, which includes analysis, recommendations and
proposals for the City regarding such topics as population, economy, housing, transportation, community
facilities and land use.
Court. An open, unoccupied space bounded on (3) or more 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 space.
Credit. The amount of the reduction of a impact fee for fees, payments or charges for the same type of
capital improvements for which the fee has been assessed. Applicable to impact fees.
Critical Root Zone. The area within the drip-line of the tree. As a practical matter, this is the acute portion of
the root system of the tree. Approximately 99-percent of the tree's root mass occurs within the top three (3)
feet of the soil and most of the fine feeder roots which collect moisture and nutrients are located in the top
four (4) inches of the soil. Typically, a root system of a tree extends as much as two to three times the
distance from the trunk to the drip line. Applicable to tree preservation.
Cul-de-sac. A local street having one (1) outlet and terminated on the opposite end by a vehicular turn-
around.
Dd
Day Care Center. A child-care facility that provides care for more than twelve (12) children under fourteen
(14) years of age for less than twenty-four (24) hours a day. This definition shall not include kindergartens,
prekindergartens, and schools listed elsewhere in this Chapter.
Dedication. The act of conveying property to the public for use by the public for streets, parks, drainage,
utility, or other public purposes.
Density. The ratio of the total number of dwelling units to the land area of the total site area, less any right-
of-way dedication. Commonly expressed as "dwelling units per acre."
Development. All improvements on a site, including buildings, other structures, parking and loading areas,
landscaping, paved areas, and areas devoted to exterior display, storage, or activities. Development includes
improved open areas such as plazas and walkways, but does not include natural geologic forms or
unimproved land. Also, the construction or reconstruction of a building or road; the placement of a structure
on land; the excavation, mining, dredging, grading, or filling of land; the removal of vegetation from land; or
the deposit of refuse or waste on land. Development does not include: (a) lawn and yard care, including
mowing, gardening, tree care, and maintenance of landscaped areas; (b) removal of trees or vegetation
damaged by natural forces; (c) agricultural activity that is not prohibited by this Land Development Code; or
(d) the repair, maintenance, or installation of a utility, drainage or street system that does not disturb land or
increase impervious cover.
Development Review Committee. The committee designated by the City Manager that serves as an
advisory committee to the Planning & Zoning Commission and has responsibility for providing comments and
recommendations on subdivision plats, zoning change applications, site plan proposals and other
development related requests. The Development Review Committee (DRC) may also submit comments and
recommendations on the vacation of public rights-of-way and easements.
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Land Development Code
City of Collevville. Texas
Dilapidated or Deteriorated Condition. For the purposes of sign regulations, a situation where the
structural support or frame members are visibly bent, broken, dented, deteriorated or torn to such an extent
that a danger of injury to persons or property is created; or where the sign or the structure is not in
compliance with a building or construction code adopted by the City.
Director of Public Services. The chief executive responsible for administration of this Land Development
Code, or his designee.
Diameter. The thickness of a tree trunk measured perpendicular to its axis at four and one-half feet (4%)
above the surrounding grade, measured, if the tree is on a slope, from the high side of the slope and
measured above or below unusual swells in the trunk. For replacement trees, diameter is measured at a
point one foot (1) above the soil line of the tree. Applicable to tree preservation and landscape requirements.
To determine the diameter of a multi-trunk tree, add the diameter of the largest trunk to one half (%) the
diameter of each additional trunk. A multi-trunk tree is distinguished from individual trees growing from
common rootstock if there is a visible connection between the trunks above ground.
Dripline. The ground area on which an imaginary vertical line which runs through the outermost portion of
the crown of a tree extends to the ground.
Dwelling Unit. A room, suite or set of rooms occupied, or suitable for occupancy, as a family residence, and
having sleeping, kitchen and bathroom facilities, together with appropriate appurtenances and designed for
use and used as a permanent residence for one family.
Dwelling Unit Size. The living area of a dwelling unit, expressed in square feet, and typically being the
heated and air conditioned areas exclusive of breezeways, basements, open and closed porches, common
corridors, parking areas, parking garages and accessory buildings.
Dwelling, Attached. A dwelling unit which is joined to another dwelling unit sharing one or more common
walls.
Dwelling, Duplex. A structure that contains two attached dwelling units that share a common wall and are
designed exclusively for the use and occupancy of two families living independent of each other.
Dwelling, Multi-Family. A building or portion thereof arranged, intended or designated for occupancy by
three or more families, including, but not limited to, apartment houses, townhouses, row houses, tenements,
apartment hotels, flats, condominiums, fraternity and sorority houses and other group quarters.
Dwelling, Single Family Detached. A structure containing one dwelling unit, other than a mobile home,
which is entirely surrounded by open space on the same building lot and is designed for the use and
occupancy by one family.
Dwelling. A building or portion thereof designed and used exclusively for residential occupancy, but not
including motels, hotels, lodging houses or house trailers.
Ee
Easement. A right given by the owner of land to another party for specific limited use of that land without
actual ownership of the land.
Engineer. A person a person who has been duly licensed by the Texas Board of Professional Engineers to
engage in the practice of engineering in Texas. Engineer shall include professional engineer, registered
engineer, registered professional engineer, licensed professional engineer, or licensed engineer.
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Land Development Code
City of Collevville. Texas
Erect or Erection. To build, construct, attach, hang, place, suspend or affix a sign to or paint a sign on the
exterior surface of a building or structure. The term includes the repair or alteration of a sign where the cost
of repair is more than sixty- percent (60) of the cost of erecting a new sign of the same type at the same
location. Applicable to sign regulations.
Existing Development. For water and wastewater impact fees, all development within the service area
which has a water or wastewater tap on the City's water or sewer system or on another centralized water or
sewer system, as of the date of the adoption of this Chapter; and for roadways, all development within the
service area for which a building permit has been issued and which has not expired.
Extraterritorial Jurisdiction. The unincorporated area that is contiguous to the corporate boundaries of the
municipality as defined in Chapter 42 of the Texas Local Government Code.
Ff
Facility Expansion. The expansion of the capacity of an existing facility which serves the same function as
an otherwise necessary new capital improvement in order that the existing facility may serve new
development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an
existing facility to better serve existing development.
Facing or Surface. The surface of the sign upon, against, or through which the message is displayed or
illustrated on the sign.
Family. One or more persons who are related by blood, marriage, or adoption living together and occupying
a single housekeeping unit with single kitchen facilities. Also, a group of not more than fifteen (15) persons,
excluding servants, living together by joint agreement and occupying a single housekeeping unit with single
kitchen facilities, on a non-profit cost-sharing basis.
Family Home. A home that provides regular care in the caretaker's own residence for not more than six (6)
children under fourteen (14) years of age, excluding children who are related to the caretaker, and that
provides care after school hours for not more than six (6) additional elementary school children, but the total
number of children, including children who are related to the caretaker, does not exceed twelve (12) at any
given time, and is duly registered by the State of Texas as required by Chapter 42 of the Human Resources
Code. The term does not include a home that provides care exclusively for any number of children who are
related to the caretaker. Children who are related to the caretaker includes the children, grandchildren,
siblings, great-grandchildren, first cousins, nieces, or nephews of the caretaker, whether by affinity or
consanguinity or as the result of a relationship created by court decree.
Fence. A barrier closing or bordering a field, yard, etc., usually made of posts, wire or wood, used to prevent
entrance, to confine, or to mark a boundary. An open fence is one in which the vertical surface is not less
than seventy (70) percent open. A solid fence is one in which the vertical surface is not greater than thirty-
(30) percent open, and may be considered as a screening element.
Fire Lane. An all weather hard-paved surface which an emergency or fire-fighting vehicle may pass without
obstruction or interference.
Flag. A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a
signal or an emblem.
Flag Lot. A lot which does not meet the minimum frontage requirements and is accessed by a narrow portion
of land.
Flood Plain. The land adjacent to a river, stream, or watercourse or other area that is susceptible to being
inundated by flood waters from any source.
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Land Development Code
City of Collevville. Texas
6g
Garage, Private. A detached accessory building or portion of a dwelling that is designed or used for the
sheltering of a private motor vehicle and storage of household equipment incidental to the residential
occupancy and which is fully enclosed and roofed. The term does not include carport.
Garage, Public. A building or place other than a private garage where motor vehicles are kept or stored for
remuneration or repair.
Grade. For buildings having walls facing one street only, the elevation of the sidewalk at the center of the
wall adjoining the street. For buildings having walls facing more than one street, the average of the elevation
of the sidewalk at the center of all walls adjoining the street. For buildings having no walls facing the street,
the average level of the finished surface of the ground adjacent to the exterior wall of the building. Any wall
approximately parallel to and not more than five (5) feet from a street line is to be considered as facing the
street. Where no sidewalk has been constructed, the Building Official shall establish such sidewalk level or its
equivalent for the purpose of establishing the grade.
Gross Floor Area. The total square feet of floor space within the outside dimensions of a building including
each floor level, but excluding cellars, attics, carports or garages that are not designed for residential or
business occupancy.
Gross Surface Area. The entire area within a single continuous perimeter forming a rectangle enclosing the
extreme limits of each sign. In the event two or more signs share a single structure, each sign or panel may
be considered separately for the square footage purposes, provided that each sign or panel has no
relationship to the other, except that the combined footage of such signs may not exceed the total square
footage allowed for the sign. Applicable to sign regulations.
Ground Cover. Low growing, dense spreading plants typically planted from containers.
Growth-Related Costs. Capital construction costs of service related to providing additional service units to
new development, either from excess capacity in existing facilities, from facility expansions or from new
capital facilities. Growth-related costs do not include (a) construction, acquisition, or expansion of public
facilities or assets other than capital improvements or facility expansions identified in the capital
improvements plan; (b) repair, operation, or maintenance of existing or new capital improvements or facility
expansions; (c) upgrading, updating, expanding, or replacing existing capital improvements to serve existing
development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) upgrading,
updating, expanding, or replacing existing capital improvements to provide better service to existing
development, (e) administrative and operating costs of the City; and (f) principal payments and interest or
other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities
contained in the capital improvements program.
Gymnastics School. A privately operated facility that provides special physical training in gymnastic arts,
martial arts, dance, and other indoor sports to students enrolled for the purpose of learning such skills and
which is not open to the general public for the purpose of providing entertainment or amusement for a fee, but
which may be opened to the general public during competitive exhibitions in which students of the gymnastics
school are registered.
Hh
Height of Buildings. 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 (a) the highest point of
the roof surface for a flat roof; (b) to the deck line of mansard roofs; or (c) to the mean height level between
eaves and ridge for hip and gable roofs. The height of a building shall exclude chimneys, cooling towers,
elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
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.
Height of Signs. The vertical distance measured from the surrounding grade to the top of the sign.
Home Occupation. Any use customarily conducted entirely within a dwelling, provided that such use is
carried on solely by residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for
dwelling purposes, does not change the character of the dwelling, and shows no external evidence of such
use.
Hotel. A building or group of buildings, of which the main function is to provide rooms for temporary lodging
where entrance to each room is gained from a completely enclosed area and which structure shall also
contain a restaurant and conference rooms, and may also include various personal service shops.
Ii - Jj
Illuminated Sign. A sign which has characters, letters, figures, designs or outlines illuminated by electrical
lights, luminous tubes or other means.
Illumination, Direct. Lighting by means of an unshielded light source, including neon tubing, strobes, etc.,
which is effectively visible as part of the sign, where the light travels directly from the source to the viewers
eye.
Illumination, Indirect. Lighting by means of a light source, not itself visible, which is directed at a reflecting
surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the
entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is
primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which
may silhouette a window sign but which are primarily installed to serve as inside illumination.
Illumination, Internal. Lighting by means of a light source which is within a sign having a translucent
background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves
made of a translucent material.
Impact Fee. Charge or assessment to be imposed by the City upon new development to generate revenue
for funding or recouping the costs of capital improvements or facility expansions necessitated by and
attributable to new development. The term includes amortized charges, lump-sum charges, capital recovery
fees, contributions in aid of construction, and any other fee that functions as described by this definition.
Impact fees do not include dedication of rights-of-way or easements, or construction or dedication of site-
related water distribution or wastewater collection facilities, or streets, sidewalks, or curbs if the dedication or
construction is required by other valid ordinances of the City and is necessitated by and attributable to the
new development; or lot or acreage fees placed in trust for the purpose of reimbursing developers for
oversizing or constructing water or sewer mains or lines.
Institution. Buildings, land or structures used by an organized body, religious group or society for a non-
profit, non-commercial purpose. The term may include hospital, library, college, university, convent,
monastery or similar use.
Irrigation System. A method of providing the proper amount of water for the particular type of plant material
used.
Junk. Material including, but not limited to, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, scrap
zinc and other metals and their alloys; bones, rags, used cloth, used rubber, used rope, used tinfoil, used
bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes
or crates, used pipe or pipe fittings, used automobile or airplane parts, and other manufactured goods that are
so worn, deteriorated or obsolete as to make them unusable in their existing condition.
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
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.
Kk
Kennel. A place where dogs, cats or other domesticated animals are housed, groomed, bred, boarded,
trained, harbored, kept or sold for commercial purposes, including pet stores or municipal animal shelters.
Kindergarten. A school for children of preschool age, the work of which is purely preliminary to the work of
the public and private school, and which could include a planned program of games, songs, social exercises
and object lessons.
Kiosk. A nonresidential commercial accessory building which provides a retail function by serving walk-up or
drive-up traffic rather than inside sales service or drive-in service.
LI
Land Planner. A person skilled in the art and science of arranging and designing the layout of land so as to
create adequate and desirable building sites, a coordinated street system and space appropriate to the
efficient removal of storm water and the provision of public services and utilities all consistent with the long-
range goals and the objectives of the city plan.
Land Use Assumptions. Description of the service area and projections of changes in land uses, densities,
intensities, and population therein over at least a 10-year period, adopted by the City, as may be amended
from time to time, upon which the capital improvement plan is based.
Landscaping. Any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative
stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual
amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally
affect adjacent land.
Lawn Grasses. Thin blade surface growing plants typically planted from seed, sprigs, plugs or sod.
Legal Non-conforming Use, Building or Lot. A use, building or lot existing legally at the time of the
passage of this Land Development Code which does not by reason of design, use, or dimensions conform to
the regulations of the district in which it is situated. A use, building, or lot established after the passage of this
Land Development Code, which does not conform to regulations of the district in which it is situated, shall be
considered an illegal nonconforming use, building or lot.
Light Sources. Neon lights, fluorescent lights, incandescent lights, and any reflecting surface, which,
because of its construction and/or placement becomes in effect a source of light emission.
Living Unit Equivalent (LUE). For water and wastewater, basis for establishing equivalency among and
within various customer classes based upon the relationship of the continuous duty maximum flow rate in
gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow
rate in gallons per minute for a 3/4" diameter simple water meter, using American Water Works Association
C700-C703 standards.
Loading Space, Off-Street. Space logically and conveniently located for bulk pickups and deliveries, scaled
to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking
spaces are filled.
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
Logo. A design or insignia of an organization, individual, company, product which is commonly used in
advertising to identify that organization, individual, company or product.
Lot Area. The gross area of the lot, expressed in square feet or acres, which is bounded by its perimeter
property lines.
Lot Coverage. The percentage of the total lot area occupied by the footprint of the buildings located on the
lot.
Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a building lot
measured perpendicular to the front lot line at the center of the lot or on a radial when the front line is curved.
Lot Line, Front. The boundary between a lot and the street on which it fronts.
Lot Line, Rear. The boundary line that is opposite and most distant from the front street line; except that in
the case of uncertainty the Building Official shall determine the rear line.
Lot Line, Side. Any lot boundary line not a front or rear line thereof. A side line may be a common lot line, a
line bordering on an alley or place or side street line.
Lot Line. The property boundary of a building lot.
Lot of Record. A lot which is part of a subdivision the plat of which has been recorded in the office of the
County Clerk of Tarrant County, Texas. Also, a lot or parcel described by metes and bounds, the description
of which has been so recorded prior to May 16, 1978.
Lot Width. The minimum distance between the side lot lines of a building lot measured at the front building
line or chord length when the front of the lot is curved.
Lot, Adjacent. Any lot, parcel or piece of land that shares with the lot under consideration a common lot line,
alley or any point of tangency.
Lot, Corner. A lot abutting upon two or more streets. A corner lot shall front on that street on which it has its
least dimension, unless otherwise specified by the Building Official.
Lot, Double Frontage. A lot, other than a corner lot, which adjoins two streets that are opposite each other
and which are parallel or within forty-five degrees of being parallel to each other. On a double frontage lot,
both street lines shall be deemed front lot lines, except as otherwise provided.
Lot, Interior. A lot other than a corner lot with frontage on only one street.
Lot. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, area, and
open space, which is identified by a lot number or symbol in an approved subdivision plat which has been
properly filed of record in Tarrant County.
Mm
Major Street. A street designated on the adopted city plan as a thoroughfare, boulevard, freeway, highway,
expressway, parkway or scenic route or any other traffic artery having regional continuity.
Master Plan. See Comprehensive Plan.
Mausoleum. A building or other structure used as a place for the interment of the dead in sealed crypts or
compartments.
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
Mini-Warehouse. A building wherein household goods, vehicles, furniture and similar items are temporarily
stored in separately occupied, secured storage areas or lockers which are generally accessible by means of
individual loading doors.
Mobile Home. A structure that was constructed before June 15, 1976, transportable in one or more sections,
which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length,
or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system.
Travel trailers, pick-up coaches, motor homes, camping trailers and recreational vehicles are not included in
this definition.
Mobile Home Park. A unified development of mobile home sites, plots or stands as arranged on a large tract
under single ownership, meeting the area and setback requirements of this Land Development Code, and
designed to accommodate mobile homes for a permanent duration. A trailer park is a mobile home park.
Mortuary. A facility in which dead bodies are prepared for burial or cremation or funeral services are
conducted.
Motorcycle. A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which
may have a sidecar attached. For purposes of this ordinance, motorbikes, motor scooters, mopeds, and
similar vehicles are classified as motorcycles.
Nn
New Development. Subdivision of land; or the construction, reconstruction, redevelopment, conversion,
structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land;
any of which increases the number of service units. New development includes the sale of water taps
resulting from the conversion of an individual well to the City's water utility and the sale of wastewater taps
resulting from the conversion of an individual septic or other individual waste disposal system to the City's
wastewater utility.
Nonconforming Lot. A lot or tract of land which does not conform to the width, depth, or area requirements
of this Land Development Code and which lawfully existed at the time the regulations with which it does not
conform became effective.
Nonconforming Structure. A building, structure or portion thereof which does not conform to the height,
area or yard regulations of this Land Development Code and which lawfully existed at the time the regulations
with which it does not conform became effective.
Nonconforming Use. A building or structure or use of land lawfully occupied by a use at the time of the
effective date of this Land Development Code or amendments thereto, which does not conform to the
regulations of the district in which it is situated.
Non-Residential Zoning District. The zoning districts designated as AG, CPO, CN, CC1, CC2, CC3, ML,
PUD-C, or PUD-I zoning district, the primary use of which is for non-residential purposes, as shown on the
official zoning map of the City of Colleyville.
Non-Structural Trim. The retainer, battens, capping, nailing strips, latticing and platforms which are
attached to the sign structure. Applicable to sign regulations.
00
Chapter 2 - Definitions
Page 2 - 13
Land Development Code
City of Collevville. Texas
Office. A facility for the regular transaction of business, wherein services are performed involving
predominantly administrative, professional or clerical operations not specifically listed elsewhere in this Land
Development Code. Office activities include professional offices, financial institutions, employment agencies
and medical offices.
Off-Premise Sign. A sign which is used or intended to be used to attract attention to activities, commodities,
services or other endeavors not offered on the premises on which the sign is located.
Offset. The amount of the reduction of an impact fee designed to fairly reflect the value of system-related
facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a
developer pursuant to the City's subdivision regulations or requirements.
On-Premise Sign. A sign which promotes or advertises activities, commodities, services or endeavors which
are offered on the premises on which such sign is located.
Open Space. A space not occupied by a structure, open to the sky except for the ordinary projections of
cornices, eaves or porches, and on the same lot with the building or structures.
Outdoor Display of Merchandise. Any display of merchandise outside of the structure on the property in
which such merchandise is sold, stored, or maintained, whether said display is for the purposes of sale or
advertisement.
Outdoor Storage or Open Storage. The storage of any equipment, machines, commodities, raw or semi-
finished materials, and building materials, which are not within a fully enclosed building.
Pp - Qq
Park. Land dedicated to or purchased by the City for the purpose of providing public recreational and/or open
areas. A facility or area for recreational, cultural or aesthetic uses owned or operated by a public agency and
available to the general public.
Parking Space, Off-Street. An enclosed or unenclosed all-weather surfaced area of not less than one
hundred eighty square feet 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.
Pennant. A wind device, usually triangular in shape and attached to a single cord.
Planned Development. Development of land which is under unified control and is planned and developed as
a whole in a single development operation or programmed series of development, and is developed with
special zoning standards that are unique to a particular site and which usually vary from those standards
required for other zoning districts.
Planning and Zoning Commission. The advisory body appointed by the City Council which is authorized to
develop a comprehensive plan, recommend changes in the Land Development Code, review and approve
subdivision plats, and otherwise perform the duties authorized by the City Charter.
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 Colleyville. Reference to a
plat in the ordinance means an official plat of record that has been approved by the City and filed in the plat
records of Tarrant County.
Plat, Amending. A map, drawing, or chart prepared to show a minor change of an existing subdivision to a
lot line or correction of an error such that the changes are not substantive, and no new lots are created.
Chapter 2 - Definitions
Page2-14
Land Development Code
City of Collevville. Texas
Plat, Final. A map, drawing, or chart prepared according to the provisions of this Land Development Code,
and containing all engineering and legal data, dedications, and certificates necessary to the recording of
same in the maps and plats records of the county.
Plat, Minor. A subdivision of not more than four lots, which fronts on an existing street and does not require
the creation of any new street or the extension of municipal facilities, which allows a short form process that
eliminates the need for a preliminary plat.
Plat, Preliminary. A map, drawing, or chart showing the proposed arrangement of streets, lots, easements,
and other public spaces in the subdivision.
Platted Property. Property that has been divided into lots and blocks, rights-of-way dedicated and shown on
a map that has been filed in the plat records of Tarrant County.
Porch. An open, covered or enclosed gallery or room on the outside of a building.
Porte-cochere. A roof-like structure usually extending over a circular driveway at the entrance of a building,
which provides an entrance and an exit for automotive vehicles. A porte-cochere is generally designed as an
integral part of the principal structure, is not used for the storage of automotive vehicles, and differs from a
carport.
Premises. Land together with any buildings or structures occupying all or any portion of the land.
Principal Building. The building or buildings on a lot which are occupied by the primary use.
Private or Parochial School. An institution of learning having a curriculum equivalent to public schools, and
which meets the same license and certification as required of public schools. A private or parochial school
does not include specialty schools such as dance, music, beauty, mechanical, trade, swim or commercial
schools.
Public Utility. Any corporation or authority franchised by the City of Colleyville to provide water, sewer, solid
waste collection, natural gas, electricity, telecommunication or similar services on a community-wide basis.
Rr
Registered Public Surveyor. An individual registered as a professional land surveyor by the Texas Board of
Professional Land Surveying.
Religious Institution. A facility or area for people to gather together for public worship, religious training, or
other religious activities, including a church, temple, mosque, synagogue, convent, monastery or other
structure, together with its accessory structures, including a parsonage, manse or rectory. This definition
does not include home meetings or other religious activities conducted in a privately occupied residence.
Residential Districts. A zoning district designated as RE, R40, R30, R20, RI 5, RD, RMF or any PUD-R, or
any residential zoning district, the primary purpose of which is residential in nature as shown on the official
zoning district map of the City of Colleyville.
Residential Setback Envelope. The portion of a residential lot which lies between the front setback and rear
setback of a residential lot. Applicable only to tree preservation plans and grading/drainage plans for
residential subdivisions.
Restaurant. A business serving unpackaged food and beverages to customers seated primarily inside the
building and including cafes, tea rooms, bistros and cafeterias. Restaurants do not include lounges, bars,
taverns or night clubs.
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Land Development Code
City of Collevville. Texas
Right-of-Way. A legally established area or strip of land, either public or private, on which an irrevocable
right of passage has been recorded, and which is occupied or intended to be occupied by a street, utility
service, water main, sanitary or storm sewer main, or other similar use.
Roadway Facility. Arterial or collector streets or roads that have been designated on an officially adopted
roadway plan of the City, together with all necessary appurtenances. Roadway facilities do not include any
roadways or associated improvements designated on the federal or Texas highway system. Roadway facility
also excludes dedication of rights-of-way or easements or construction or dedication of on-site streets,
sidewalks or curbs required by valid ordinances of the City and necessitated by and attributable to the new
development.
Roadway Facility Expansion. Expansion of the capacity of any existing roadway improvement for the
purpose of serving new development, not including the repair, maintenance, modernization or expansion of
an existing roadway facility to serve existing development.
Roadway Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies
the roadway facilities or roadway facility expansions and their associated growth-related costs which are
necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years,
and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to
this Chapter.
5s
School. A public or private facility having an academic curriculum approved by the Texas Education Agency.
Screening Element. A solid material constructed of brick, masonry, or of a concrete or metal frame, or
wood, or base that supports a permanent type material, the vertical surface of which is not more than thirty
(30) percent open. Also, any dense evergreen hedge or plant material suitable for providing a visual barrier.
Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in
combination with a fence, wall, hedge or other dense planting material.
Search Light. An apparatus for projecting a beam or beams of light, in excess of 2,000,000 peak
candlepower or 250,000 lumen.
Servant's Quarters. An accessory dwelling not rented or otherwise used as a separate domicile in a
residential district for the sole use and occupancy of a member of the immediate family or persons employed
on the premises by the occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or
gardener.
Service Area. For water and wastewater facilities, the area within the corporate boundaries of the City and
within the extraterritorial jurisdiction as defined by the Municipal Annexation Act (Article 970a, Vernon's Texas
Civil Statutes), and for roadway facilities, the area within the corporate boundaries of the City, to be served by
the water, wastewater or roadway capital improvements or facilities expansions specified in the capital
improvements program applicable to the service area.
Service Unit. Standardized measure of consumption, use, generation, or discharge attributable to an
individual unit of development calculated in accordance with generally accepted engineering or planning
standards for a particular category of capital improvements or facility expansions; for water and wastewater
facilities, the service unit is a living unit equivalent, for roadway facilities, the service unit is the (vehicle) trip.
Setback, Building. See Building Line.
Shrubs. Woody plants which grow vertically in a multi-branched pattern.
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign
is located. A sign may include, but is not limited to, flag, banner, pennant, beacon, light, logo, insignia, name,
number, identification, illuminated strip or accent, and outdoor display of merchandise.
Sign Ground. A sign that is erected on a vertical framework consisting of two or more uprights supported by
the ground.
Sign, A-Frame. A freestanding sign constructed of two panels in the form of an A or inverted V, with a
maximum angle between the panels of forty-five degrees.
Sign, Agricultural. A sign identifying the farm or ranch on which it is placed and advertising the produce,
crops, animals or poultry that are raised, quartered or sold thereon.
Sign, Amenity. A sign advertising options, features, or conveniences offered by a business and installed in a
temporary manner.
Sign, Apartment. A sign identifying an apartment building or complex of apartment buildings.
Sign, Awning. An awning displaying a business name or logo.
Sign, Billboard. A sign that promotes or advertises commodities or services, and the erection or
maintenance of the sign is the primary use of the land upon which the sign is located. A billboard sign shall
include, but is not limited to, those signs whose message space is available for lease, rent or hire, separate
and apart from any commodity or service which is not limited to being offered solely on the premises on which
such sign is located.
Sign, Changing (Automatic). A sign such as an electronically or electrically controlled public service time,
temperature, and date sign, message center or reader board, where different copy changes are shown on the
same lamp bank.
Sign, Construction. A temporary, sign identifying the property owner, architect, contractor subcontractor,
engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of
the premises on which the sign is located.
Sign, Development. A temporary, on-site promotional sign pertaining to the development of land or
construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign
shall be to promote a sub-division and not any particular builder.
Sign, Directory. A sign listing the occupants within a shopping center, industrial site, retail district, office
districts, and commercial sites located on the same premises.
Sign, Fence. A sign which is affixed or attached to a fence, whether permanent or temporary.
Sign, Flashing. A sign which contains an intermittent or flashing light source, or which includes the illusion of
intermittent or flashing light by means of animation, or any externally mounted light source.
Sign, General Business. A sign which is used to identify a business, profession, service, product or activity
conducted, sold or offered on the premises where the sign is located.
Sign, Ground (Temporary). A sign which has a display surface comprised of non-permanent letters which
allows a change of copy by adding or removing letters and is temporarily fixed to a vertical framework
consisting of two or more uprights and which is designed to be readily movable from site to site.
Sign, Identification. A sign that is used to identify shopping centers, industrial sites, retail districts,
commercial subdivisions and commercial sites.
Sign, Illegal Non-conforming. A sign which was in violation of any of the ordinances of the City of
Colleyville governing the erection or construction of such a sign at the time of its erection, and which has
never been erected or displayed in conformance with all such ordinances, including this code, and which shall
Chapter 2 - Definitions
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Land Development Code
City of Collevville. Texas
include signs which are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility poles,
trees, fences or other structures.
Sign, Inflatable. A hollow sign expanded or enlarged by the use of air or gas.
Sign, Institutional. A sign used to identify schools, churches, hospitals or similar public or quasi-public
institutions.
Sign, Legal Non-conforming. A sign which was lawfully erected and maintained prior to the enactment of
the Sign Code and any amendments thereto, and which does not conform to all of the applicable regulations
and restrictions of the Sign Code.
Sign, Marquee. A permanent structure which is attached to and supported by a building and which projects
outward from the building.
Sign, Model Home. A temporary sign identifying a new home, either furnished or unfurnished, as being the
builder or contractors model open to the public for inspection.
Sign, Monument. A sign mounted on a solid base or pedestal with no visible space between the sign and
the bass or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The
sign base or pedestal may be constructed of any solid material. The sign shall be a minimum of 4-1/2 inches
thick, and the base or pedestal shall be a minimum of 6 inches thick.
Sign, Multi-Purpose. An identification sign combined with a directory sign and/or a reader board sign.
Sign, Nameplates. A sign which identifies only the name of an individual, firm, or corporation, which is
attached to a structure and may contain the suite number or other directory information concerning the
location of the individual, firm or corporation within the building.
Sign, Obsolete. A sign that previously was a legal sign, or a legal, non-conforming sign but the commodity
and/or service promoted or advertised by said sign is no longer offered in accordance with the content of the
sign.
Sign, Pole. A sign supported by a single, free-standing pole, and having no guys or braces.
Sign, Political. A sign which promotes a political issue or a particular candidate for public office. Also, a sign
of any political party, group, or idea; or a sign announcing the candidacy of any individual for any public office.
Sign, Portable. A sign that is not attached or affixed to the ground, a building or other fixed structure or
object. Portable signs include those signs installed on wheels, trailers, skids and similar mobile structures.
Sign, Private Sale. A temporary sign used to announce a sale on a private homeowner's property. The
following include, but are not limited to estate sales, garage sales, porch sales, rummage sales, sample sales,
and yard sales.
Sign, Projecting. A sign, except an awning, which projects from a building, and has one end attached to a
building or other permanent structure.
Sign, Pylon. A sign supported by two or more free-standing poles, and having no guys or braces.
Sign, Reader Board. A sign comprised of non-permanent letters that allows a change of sign copy by adding
or removing letters.
Sign, Real Estate. A temporary or permanent sign pertaining to the sale or rental of property, and
advertising property only for use for which it is legally zoned.
Sign, Roof. A sign erected upon or above a roof or parapet of a building or structure.
Chapter 2 - Definitions
Page 2 - 18
Land Development Code
City of Collevville. Texas
Signs, Seasonal/Special Sales. A sign which is temporary and is limited to a specific activity or in the
celebration of holidays or other special events.
Sign, Subdivision Directional. A sign which is both temporary and directional in nature. Such signs may be
placed during the weekends only, from 12:00 noon on Friday to 12:00 noon on Monday. Such signs may be
located on or off premise. Text on such signs may only contain the name of the subdivision, which must be
located within the City of Colleyville, Texas.
Sign, Subdivision Wall Plaque. A permanently affixed sign attached to the entryway or perimeter wall of a
subdivision to identify the subdivision by a name or logo
Sign, Temporary. A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight,
inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of
time.
Sign, Vehicle Mounted. A sign displayed upon a trailer, van, truck, automobile, bus, railroad car, tractor,
semi-trailer or other vehicle, whether or not such vehicle is in operable condition.
Sign, Wall. A sign erected flat against an exterior wall, supported by the wall, and having the sign face
parallel to and not more than twelve inches from the wall surface. Neon tubing attached directly to a wall
surface shall be considered a wall sign.
Sign, Window. A sign, banner, poster, or display located on the internal and/or external surface of the
window of any establishment which advertises services, products or sales available within said establishment
or which announces the opening of said establishment.
Site Plan. A detailed drawing clearly describing a project and showing sufficient information to determine the
nature of the proposed development and providing adequate information to determine compliance with
applicable codes and ordinances.
Site-related Facility. Improvement or facility which is for the primary use or benefit of a new development
and/or which is for the primary purpose of safe and adequate provision of water, wastewater or roadway
facilities to serve the new development, and which is not included in the capital improvements plan, and for
which the developer or property owner is solely responsible under subdivision and other applicable
regulations.
Spa or Hot Tub. A pool type facility that incorporates water jets or an aeration system for hydro massage
and includes such industry terminology as whirlpool or hot tub.
Special Exception. A use that would not be generally appropriate or without restriction throughout the
zoning district but which, if controlled as to number, area, location, intensity or relation to the neighborhood,
would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district
as special exceptions by the Zoning Board of Adjustment.
Special Use Permit. A permit authorized by the City Council for the use of land or structure. All Special Use
Permits are subject to the conditions and standards specified in each amending ordinance as enacted by the
City Council.
Spot Zoning. A small parcel of land singled out for special treatment or privileges not in harmony with the
other use classifications in the area and without any apparent circumstances that call for different treatment.
Story. That part of a building included between the surface of one floor and the surface of the floor next
above, or if there is no floor above, that part of the building which is above the surface of the highest floor
thereof. A top story attic is considered a halfstory when the main line of the eaves is not higher than the
middle of the interior height of the attic. The first story is the highest story having its interior floor surface not
more than four (4) feet above the curb level established or mean street grade or average ground level.
Chapter 2 - Definitions
Page 2 - 19
Land Development Code
City of Collevville. Texas
Street. A thoroughfare or public driveway, other than an alley, which has been dedicated or deeded to the
public for general use and affords a principal means of vehicular or other access to property abutting thereon.
Street Line. A dividing line between a lot, tract or parcel and a contiguous street.
Street, Private. A street that has no publicly dedicated right-of-way.
Structural Alterations. Any change in the supporting members of a building, such as bearing walls,
columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or
replacement as may be required for the safety of the building, but not including, openings in bearing walls as
permitted by the city building code.
Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached
to something having a location on the ground, including but without limiting the generality of this definition,
buildings, signs, fences, flagpoles, radio towers and light poles
Subdivision. The division of any lot, tract, or parcel of land into two (2) or more lots or sites for the purpose
of sale or of building development, whether immediate or future. The term includes re-subdivision, but does
not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not
involving any new street, alley, or easement of access. When appropriate to context, the term subdivision
shall relate to the process of subdividing or to the land subdivided.
Swimming Pool. Any constructed or prefabricated pool that is twenty-four or more inches in depth and used
for swimming or bathing.
System-related Facility. A capital improvement or facility expansion which is designated in the Capital
Improvements Plan and which is not a site related facility. A system-related facility may include a capital
improvement that is located offsite, within or on the perimeter of the development site.
Tt - U u
Tap Purchase. The filing with the City of a written application for a water or wastewater tap and the
acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter
purchased for and exclusively dedicated to fire protection.
Telecommunication Tower. A structure of greater than thirty-five feet in height built solely for supporting
airwave transmission and/or receiving equipment.
Temporary Construction Office. A structure for shelter used in connection with a development or building
project for housing or the site of temporary administrative and supervisory functions and for sheltering
employees and equipment.
Travel Trailer. A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling
and of such size and design as to be subject to licensing for towing on the highway by passenger motor
vehicle or other prime mover and not requiring special permit for moving on the highway, as contrasted to a
mobile home.
Tree. A self-supporting woody perennial plant which has attained a trunk diameter of three (3) inches or more
when measured at a point four and one-half (4~) feet above the surrounding grade and normally having an
overall height of at least fifteen (15) feet at maturity, usually with a single elongated main stem with few or no
branches on its lower part.
Trip. The single operation of a single vehicle which has as its origin or destination a point within the service
area. The operation of a vehicle that travels from an origin outside the service area to a destination outside
the service area without leaving the public right of way is not counted as a trip.
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City of Collevville. Texas
Use by Right. A land use allowed by the Table of Permitted Uses in one of the various zoning districts
without any special conditions or requiring additional action by the City Council.
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, as described in the Table of Permitted Uses.
Vv-Xx
Vacation. To cancel or rescind, an act, which has the effect of voiding a subdivision plat as recorded in the
Tarrant County Plat Records.
Variance. An adjustment in the application of a specific zoning regulation to a particular parcel of property
which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to
prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity
and zoning district.
Vehicle Sales Area. An open area or lot used for the display or sale of automobiles, where no repair work is
done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of
cars or sale or keeping of used car parts or junk on the premises.
Veterinarian Clinic. A facility for the prevention, treatment, minor surgery, cure or alleviation of disease
and/or injury in animals, specifically domestic animals, where animals remain overnight inside the clinic for
recovery only, and no overnight boarding of animals is conducted.
Waiver. An action by the City that provides relief from the Land Development Code to the degree determined
by the City in the action, as provided for within the Code. A waiver is not considered a variance.
Warehouse. A structure primarily used for the storage of merchandise or commodities.
Wastewater Facility. Improvement for providing wastewater service, including, but not limited to, land or
easements, treatment facilities, lift stations, or interceptor mains. Wastewater facility excludes wastewater
lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by
subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also
exclude dedication of rights-of-way or easements or construction or dedication of onsite wastewater collection
facilities required by valid ordinances of the City and necessitated by and attributable to the new
development.
Wastewater Facility Expansion. Expansion of the capacity of any existing wastewater improvement for the
purpose of serving new development, not including the repair, maintenance, modernization or expansion of
an existing wastewater facility to serve existing development.
Wastewater Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies
the wastewater facilities or wastewater facility expansions and their associated growth-related costs which are
necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years,
and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to
this Chapter.
Water Facility. Improvement for providing water service, including, but not limited to, land or easements,
water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water
facility excludes water lines or mains that are constructed by developers, the costs of which are reimbursed
from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water
facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water
distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new
development.
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City of Collevville. Texas
Water Facility Expansion. Expansion of the capacity of any existing water improvement for the purpose of
serving new development, not including the repair, maintenance, modernization or expansion of an existing
water facility to serve existing development.
Water Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies the
water facilities or water facility expansions and their associated growth-related costs which are necessitated
by and which are attributable to new development, and for a period not to exceed ten (10) years, and which
are to be financed in whole or in part through the imposition of water impact fees pursuant to this Chapter.
Yy - Zz
Yard, Front. The area extending across the entire width of the lot between the front lot line and the front
building line The depth of front yards shall be measured at right angles to a straight line joining the foremost
points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at
street intersections, shall be assumed to be the point at which the side and front lot lines would have met
without such rounding.
Yard, Rear. The area extending across the entire width of the lot and situated between the rear lot line and
the rear building line. The depth of a rear yard shall be measured in such a manner that the yard established
is a strip of land with the minimum width required by district regulations with its inner edge parallel with the
rear lot line.
Yard, Side. The area lying between the side lot line and the side yard building line, and extending from the
front yard to the rear yard. The width of a side yard shall be measured in such a manner that the yard
established is a strip of land with the minimum width required by district regulations with its inner edge parallel
with the side lot line.
Yard, Street. The lot area which lies between the street right of way and the actual front wall line of the
building and as imaginatively extended from the outward corners of the building, parallel to the street to the
side lot lines. Steps and unenclosed porches shall be excluded, but such wall line shall include any irregular
building indentations. On corner lots, the street yard shall consist of all lot area between both streets and
their corresponding actual front building wall lines, as such lines are imaginatively extended in the manner
described above. When there are multiple buildings on a lot, the street yard shall consist of all the area
between the street right of way and any imaginary line beginning at one side of the lot, running parallel to the
street, connecting to the foremost corner of the building wall fronting the street and nearest such side lot line,
then following and connecting the foremost walls of all buildings fronting the street, and then extending
parallel to the street side lot line. If a building has a rounded front, the front building wall corners shall be the
points closest to the side boundaries. Isolated buildings (e.g. fast food restaurants in a shopping center,
photo processing drop-ofts, bank drive through, etc.) shall not be considered in delineating street yards. On
land used only for off-street parking purposes, the street yard shall consist of the entire lot.
Yard. An open space on the same building lot with a building, unoccupied and unobstructed from the ground
upward, except for fences or walls.
Zoning District Map. The official certified map or maps upon which the boundaries of the various zoning
districts are drawn, and which is an integral part of the Land Development Code.
Zoning District. Contiguous areas containing one or more parcels of land having the same zoning
classification. Also, a section of the City for which the regulations governing the area, height and use of
buildings and land are uniform.
Zoning. Control on the use and development of land, whether improved or not, by the City for the supposed
benefit of citizens in the community and the public welfare. Control is accomplished through zoning
restrictions and development standards.
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City of Collevville. Texas
Section 2.6 Amendments to This Chapter
Ord. Number
Date
Subject
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Land Development Code
City of Collevville. Texas
Chapter 3
Land Use
Section 3.1 Purpose of This Chapter
The zoning regulations and districts herein established have been made in accordance with a comprehensive
plan for the purpose of promoting health, safety, morals and general welfare of the City of Colleyville. They
have been designed to lessen 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 provision of transportation, water, sewage, schools, parks and other
public facilities. The zoning districts have been created with reasonable consideration, among other things, of
the character of the district and its ~eculiar suitability for the particular uses and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the community.
Section 3.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 211 - Municipal
Zoning Authority of the Texas Local Government Code, which authorizes a municipality to divide a
municipality into districts and, within each district, regulate the erection, construction, reconstruction,
alteration, repair, or use of buildings, other structures, or land. This Chapter is also adopted under the
authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 3.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 3.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code.
Section 3.5 Establishment of Districts
3.5.A OFFICIAL ZONING MAP
The City is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together
with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this
Chapter. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City
Secretary, and bearing the seal of the City under the following words: "This is to certify that this is the
Official Zoning Map referred to in Ordinance No. 0-77-248 of the City of Colleyville, Texas," together with
the date of adoption of this Chapter.
1. The Official Zoning Map shall be made current from time to time to reflect the changes and
amendments, if any, that are approved by the City Council. Any such notations to bring said map
current shall include, but not be limited to, the following: Ordinance number of zoning change,
date of minutes of passage of said ordinance, boundary of zoning change, zoning classification
declared by changing ordinance, and the initial of the City Secretary amending the map. Any
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City of Collevville. Texas
unauthorized change of whatever kind to the Official Zoning Map by any person shall be and the
same is prohibited.
2. The Official Zoning Map is not intended to control the procedural prerequisites applicable and the
ordinances should be looked to as the authoritative source for all zoning. The Official Zoning
Map shall be located and displayed in the Colleyville City Hall.
3.5.B REPLACEMENT OF OFFICIAL ZONING MAP
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret
because of the nature or number of changes and additions, the City Council may by resolution adopt a
new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning
Map may correct drafting or other errors or omissions in the prior Official Zoning Map and bring the
Official Zoning Map up-to-date to reflect any and all amendments or changes in the same.
3.5.C RULES FOR INTERPRET A nON OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the
following rules shall apply:
1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys
shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following
such lot lines.
3. Boundaries indicated as approximately following City Limits shall be construed as following City
Limits.
4. Boundaries indicated as following railroad lines shall be construed to be midway between the
main tracks.
5. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in
the event of change in the shore line shall be construed as moving with the actual shore line;
boundaries indicated as approximately following the centerlines of streams, drainage courses,
creeks, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
6. Boundaries indicated as parallel to, or extensions of, features indicated in paragraphs 1 through 5
above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall
be determined by the scale of the map.
7. Where physical or cultural features existing on the ground are at variance with those shown on
the Official Zoning Map or in other circumstances not covered by paragraphs 1 through 6 above,
the Zoning Board of Adjustment shall interpret the district boundaries.
8. Where a district boundary line divides a lot which was in single ownership at the time of passage
of the original zoning ordinance, the Zoning Board of Adjustment may permit, as a special
exception, the extension of the regulations for either portion of the lot not to exceed fifty (50') feet
beyond the district line into the remaining portion of the lot to either side of said district line.
Section 3.6 Application of District Regulations; Classification of New and Unlisted Uses;
and Platting of Property Not Properly Zoned
3.6.A ApPLICA nON
The regulations set by this Chapter within each district shall be minimum regulations and shall apply
uniformly to each class or kind of structure or land and particularly except as hereinafter provided:
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City of Collevville. Texas
1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or
part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered
unless in conformity with all of the regulations herein specified for the district in which it is located.
2. No building or other structure shall hereafter be erected or altered:
a. to exceed the height;
b. to accommodate or house a greater number of families;
c. to occupy a greater percentage of lot area;
d. to have narrower or smaller rear yards, front yards, side yards, or other open spaces than
herein required; or in any other manner contrary to the provisions of this Chapter.
3. No part of a yard, other open space, or off-street parking or loading space required about or in
connection with any building for the purpose of complying with this Chapter shall be included as
part of a yard, open space, or off-street parking or loading space similarly required for any other
building except as specified in the "Off-Street Parking Requirements." of this Chapter.
4. No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots created after the effective
date of the original zoning ordinance shall meet at least the minimum requirements established
by this Chapter.
5. In every dwelling unit the density of occupancy shall not exceed 1.5 persons per room.
6. All territory which hereafter is annexed to the City shall automatically be considered to be in the
AG - Agricultural District, unless otherwise classified by the City Council after public hearing and
upon recommendation from the Planning and Zoning Commission.
3.6.B CLASSIFICA TION OF NEW AND UNLISTED USES
It is recognized that new types of land may develop and forms of land use not anticipated herein may
seek to locate in the City. In order to provide for such changes and contingencies, a determination as to
the appropriate classification of any new or unlisted form of land and use shall be made as follows:
1. The Administrative Official shall refer the question concerning any new or unlisted use to the
Planning and Zoning Commission requesting an interpretation as to the proper zoning
classification into which such use should be placed. The use interpretation question shall be
determined as to the nature of the use and whether it involves dwelling activity, sales, processing,
type of product, storage and the amount and nature thereof, (i.e., enclosed or open storage),
anticipated employment, transportation requirements, the general degree of noise, odor, fumes,
dust, toxic material and vibration likely to be generated, if any, 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 zoning 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
approve the recommendation of the Planning and Zoning Commission, or make such other
determination concerning the classification of such use as appropriate, based upon its findings of
fact, and amend this Chapter to reflect said findings and decisions.
3.6.C PLATTING OF PROPERTY NOT PROPERLY ZONED
No plat of any residential or non-residential subdivision within the City, or that which is being annexed to
the City, shall be approved unless and until the area covered by the proposed plat is or shall be zoned to
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City of Collevville. Texas
the proper zoning classification by the City Council, upon recommendation from the Planning and Zoning
Commission. A public hearing by the Planning and Zoning Commission on a proposed annexation,
zoning classification, and plat approval, or any combination thereof, may be held simultaneously.
Section 3.7 Non-conforming Uses, Lots and Buildings
3.7.A INTENT
Within the districts established by this Chapter, or amendments that may later be adopted, there exist lots
and uses of land, buildings and structures, uses of land and buildings in combination, and characteristics
of use which were lawful before the original zoning ordinance was passed or amended, but which would
be prohibited, regulated, or restricted under the terms of this Chapter or future amendment. It is the intent
of this Chapter to permit these non-conformities to continue until they are removed, but not to encourage
their survival. It is further the intent of this Chapter that such non-conformities shall not be enlarged upon,
expanded or extended, nor be used as ground for adding other buildings and structures or uses
prohibited elsewhere in the same district.
Non-conforming uses are declared by this Chapter to be incompatible with permitted uses in the districts
involved. A non-conforming use of a building or structure, a non-conforming use of land, or a non-
conforming use of buildings and land in combination shall not be extended or enlarged after passage of
this Chapter by attachment on a building or premises or by the addition of other uses of a nature which
would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans,
construction, or designated use of any building on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this Chapter and upon which actual building construction
has been carried on diligently. Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner. Where excavation or demolition or
removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or
demolition or removal shall be deemed to be actual construction, provided that work shall be carried on
diligently.
3.7.B NON-CONFORMING LOTS OF RECORD
In any zoning district in which single-family dwellings or commercial buildings are permitted, a single-
family dwelling or commercial building and customary accessory buildings may be erected on any single
lot of record at the effective date of adoption or amendment of this Chapter, notwithstanding limitations
imposed by other provisions of this Chapter. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision shall apply even though such
lot fails to meet the requirements for area or width, or both, that are generally applicable in the district,
provided that yard dimensions and requirements other than those applying to area or width, or both, of
the lot shall conform to the regulations for the district in which such lot is located. Variance of yard
requirements shall be obtained only through action of the Zoning Board of Adjustment.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single
ownership are of record at the time of passage or amendment of this Chapter, and if all or part of the lots
do not meet the requirements established for lot width and area, the lands involved shall be considered to
be an undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used or
sold in a manner which diminishes compliance with lot width and area requirements established by this
Chapter, nor shall any division of any parcel be made which creates a lot with width or area below the
requirements stated in this Chapter.
3.7.C. NON-CONFORMING USES OF LAND (OR LAND WITH MINOR BUILDINGS ONLY)
Where at the time of passage of this Chapter lawful use of land exists which would not be permitted by
the regulations imposed by this Chapter, and where such use involves no individual structure with a
replacement cost exceeding one thousand dollars ($1,000), the use may be continued so long as it
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City of Colievville. Texas
remains otherwise lawful, provided:
1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of adoption or amendment of the original
zoning ordinance;
2. No such nonconforming use shall be moved in whole or in part to any portion of the same lot or
parcel other than that occupied by such use at the effective date of adoption of amendment of the
original zoning ordinance:
3. If any such nonconforming use of land ceases for any reason for a period of more than ninety
(90) consecutive days, any subsequent use of such land shall conform to the regulations
specified by this Chapter for the district in which such land is located;
4. No additional building not conforming to the requirements of this Chapter shall be erected in
connection with such nonconforming use of land.
3.7.D NON-CONFORMING BUILDINGS
Where a lawful building exists at the effective date of adoption or amendment of this Chapter that could
not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards,
its location on the lot, or other requirements concerning the building, such building may be continued so
long as it remains otherwise lawful, subject to the following provisions:
1. No such non-conforming building may be enlarged or altered in a way which increases its
nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or
to comply with City building codes.
2. Should such non-conforming building or non-conforming portion of a building be destroyed by any
means to an extent of more than fifty (50) percent of its replacement cost at time of destruction; it
shall not be reconstructed except in conformity with the provisions of this Chapter, or when
approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board's
findings, having due regard for the property rights of persons affected, were considered in the
light of public welfare and the character of the area surrounding the nonconforming building and
the conservation and protection of property.
3. Should such building be moved for any reason any distance whatever, it shall thereafter conform
to the regulations of the district in which it is located after it is moved.
3.7.E NON-CONFORMING USES OF BUILDINGS OR OF BUILDINGS AND PREMISES IN COMBINATION
If lawful use involving individual buildings with a replacement cost of one thousand dollars ($1,000.00) or
more, or of buildings and premises in combination, exist at the effective date of adoption or amendment of
this Chapter that would not be allowed in a particular district under the terms of this Chapter, the lawful
use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No existing building devoted to a use not permitted by this Chapter in the district in which it is
located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered
except in changing the use of the building to a use permitted in the district in which it is located, or
to comply with City building codes.
2. Any non-conforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the time of adoption or amendment of this
Chapter, but no such use shall be extended to occupy any land outside such building.
3. If no structural alterations are made, except as required by the City's building codes, any non-
conforming use of a building, or building and premises, may, as a special exception, be changed
to another non-conforming use provided that the Zoning Board of Adjustment, either by general
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Land Development Code
City of Collevville. Texas
rule or by making findings in the specific case, shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing non-conforming use. In permitting
such change, the Zoning Board of Adjustment may require appropriate conditions and safeguards
in accord with the provisions of this Chapter.
4. Any building, or building and land in combination, in or on which a non-conforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the district, and the
non-conforming use may not thereafter be resumed.
5. When a non-conforming use of a building, or building and premises in combination, is
discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any
three-year period (except when government action impedes access to the premises), the building,
or building and premises in combination, shall not thereafter be used except in conformity with the
regulations of the district in which it is located.
6. Where non-conforming use status applies to a building and premises in combination, removal or
destruction of the building shall eliminate the non-conforming status of the land. Destruction for
the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of
the replacement cost at time of destruction.
3.7.F REPAIRS AND MAINTENANCE
On any non-conforming building or portion of a building containing a non-conforming use, work may be
done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of
non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (1 a) percent of the current
replacement cost of the non-conforming building or non-conforming portion of the building as the case
may be, provided that the cubic content existing when it became non-conforming shall not be increased.
If a non-conforming building or portion of a building containing a non-conforming use becomes physically
unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City
official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of
any building or part thereof declared to be unsafe by any official charged with protecting the public safety,
upon order of such official.
3.7.G CHANGING NON-CONFORMING USES
1. Any non-conforming use may be changed to a conforming use and once such change is made,
the use shall not thereafter be changed back to a non-conforming use.
2. The Zoning Board of Adjustment may grant a change of use from one non-conforming use to
another non-conforming use provided such change is to a use permitted in a zoning district where
the original non-conforming use would be permitted or such change is to a use permitted in a
more restrictive classification. However, such change of use and occupancy shall not tend to
prolong the life of a non-conforming use. Upon review of the facts in accordance with the
procedures for the Zoning Board of Adjustment, contained in Chapter 1 - General Provisions of
this Land Development Code, the Zoning Board of Adjustment may establish a specific period of
time for the return of the occupancy to a conforming use.
3. The Zoning Board of Adjustment may approve the remodeling or enlargement of a non-
conforming use when such an enlargement would not tend to prolong the life of the non-
conforming use. Upon review of the facts, the Zoning Board of Adjustment may establish a
specific period of time for the return of the occupancy to a conforming use in accordance with the
procedures of the Zoning Board of Adjustment contained in Chapter 1 - General Provisions of
this Land Development Code.
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City of Collevville. Texas
Section 3.8 AG - Agricultural District
3.8.A AG - AGRICULTURAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the AG - Agricultural District.
3.8.B PURPOSE AND INTENT
The purpose of the AG - Agricultural District is to provide for compatible land, building and structure uses
primarily oriented to agricultural farming and ranching, and extremely low density residential purposes.
The district's locational characteristics are usually confined to the outer fringe of developed urbanized
areas and/or along, unprotected flood-prone areas. The district also serves as: 1) a transitional land use
element pending future, more intensive urbanization; 2) open space for the protection and enhancement
of scenic areas, vistas, and recreational uses, and 3) where unusual or problematic soils, topographic
conditions, or sensitive ecological features are present that would normally not be conducive or
appropriate to more intensive forms and patterns of urbanization
The primary intent of this district is a land use designated to aid in the protection of certain lands suitable
for producing and supplying food and related agricultural farm and ranch products from more intense
urbanization until such time as warranted by demand and supportive community facilities and services.
3.8.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Chatper.
3.8.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district as are designated in Section 3.24.C - Schedule of
Permitted Principal Uses.
3.8.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures and uses customarily incidental to the "Permitted Principal Uses" are allowed, including but not
limited to the following:
1. Buildings, structures and uses accessory to permitted farming and ranching operations;
2. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
3. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property: and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a depth greater than twenty-four (24") inches and "above grade" swimming pools
having a water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool(s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
4. Servants quarters for domestic servants employed on the premises or family members provided
the gross habitable square feet of floor area shall not exceed six-hundred (600') square feet.
Such quarters may be housed within the principal residential dwelling, above a residential garage,
or be part of an accessory building on the same premises, and shall comply with minimum
standards for light, health, safety, and occupancy in conformance with other applicable City codes
Chapter 3 - Land Use
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City of Collevville. Texas
and ordinances.
5. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
6. Non-commercial radio and television receiving antennae and non-commercial radio transmitting
antennae limited in height to sixty (60) feet (measured from the ground line in front of the dwelling
or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
7. Required off-street parking and loading spaces.
8. Home occupation uses as defined in Chapter 2 - Definitions of this Land Development Code.
9. Parking and storage of private boats(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the regulations for "Parking, Storage or Use of Major Recreational Equipment
and Vehicles."
10. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code and
other applicable City codes and ordinances.
11. Supplemental single-family dwelling for a farm employee and family when located on the same
premises as the principal agricultural use, provided:
a. Such dwelling shall be used exclusively for the housing of a single-family employed full time
on the premises in the conduct of operation or management of the principal agricultural use;
b. Such dwelling is under the same ownership as that of the agricultural use and is on the same
land as the owner's principal place of residency;
c. The land area devoted to such dwelling conforms with the minimum requirements established
in Section 3.24 - Schedule of District Regulations for single-family dwellings in an "RE"
District, as if it were on a separate recorded lot; and
d. The total land area under common ownership comprising the agriculture use and related
owner's and employee's residence is not less than twenty (20) acres.
3.8.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.8.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for "Classification of New and Unlisted Uses."
3.8.H DENSITY~ AREA~ Y ARD~ HEIGHT~ AND LOT COVERAGE REQUIREMENTS
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City of Collevville. Texas
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes, (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 -
Schedule of District Regulations and other applicable provisions of Section 3.28 - Supplementary District
Regulations.
3.8.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the "Off-Street Parking Requirements" and "Off-Street Loading Requirements" contained elsewhere in this
Land Development Code.
3.8.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the official zoning map affecting this district
shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions of Chapter 1 - General Provisions of this Land Development Code.
Section 3.9 RE - Single Family "Estate" Residential District
3.9.A RE - SINGLE FAMILY "ESTATE" RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
section, are the regulations of the RE - Single-Family Residential Estate District.
3.9.B PURPOSE AND INTENT
The purpose and intent of the RE - Single-Family Estate Residential District is to provide for compatible
land, building, and structural uses primarily oriented to low density residential estate purposes, select
agricultural uses, open space uses, and selected community facility uses. The locational characteristic of
this district is generally confined to the outer fringe of the more intensely urbanized and developed areas
and/or along unprotected flood prone areas. The district further serves as a transitional element between
limited residential development and intense agricultural activities and of higher density urbanized areas of
the city. Low density detached single-family residential dwellings and estate development, along with the
aforedescribed uses, comprise the principal elements of the district.
3.9.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
3.9.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.9.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "Permitted Principal Uses" are allowed, including but not
limited to the following:
1. Buildings, structures, and uses accessory to permitted farming and ranching operations;
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
Chapter 3 - Land Use
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City of Collewille. Texas
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade" swimming pools
having a water depth twenty~four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than four (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool(s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
3. Private residential garages, carports, and related storage buildings and greenhouses accessory
to permitted residential uses.
4. Servants quarters for domestic servants employed on the premises or family members provided
the gross habitable square feet of floor area shall not exceed six hundred (600) square feet.
Such quarters may be housed within the principal residential dwelling, above a residential garage,
or be part of an accessory building on the same premises, and shall comply with minimum
standards for light, health, safety, and occupancy in conformance with other applicable City codes
and ordinances.
5. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
6. Non~commercial radio and television receiving antennae and non-commercial radio transmitting
antennae limited in height to sixty (60) feet (measured from the ground line in front of the dwelling
or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
7. Required off-street parking and loading spaces.
8. Home occupation uses as defined in Chapter 2 - Definitions of this Land Development Code
9. Parking and storage of private boat(s), camper trailer(s) or other recreational vehicle(s), in
conformance with the regulations for "Parking, Storage or Use of Major Recreational Equipment
and Vehicles."
10. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code.
11. Private domestic greenhouses.
12. Private stables for the keeping of grazing animals, provided:
a. Significant ground accumulations of manure shall be collected and properly disposed of so as
not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance
to humans or animals;
b. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to
properly retain the grazing animal(s) on the premises; and
c. The minimum space area of the lot upon which such grazing animal(s) may be kept, including
pens, corrals, and stables, shall not be less than 15,000 square feet per each grazing animal
over five hundred (500) pounds and not less than five thousand (5,000) square feet for any
other grazing animal.
3.9.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
Chapter 3 - Land Use
Page 3 - 10
',.~,~~--_....._"...._-~.
Land Development Code
City of Collevville. Texas
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - Schedule of Permitted Principal Uses. The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.9.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for the "Classification of New and Unlisted Uses."
3.9.H DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 _
Schedule of District Regulations and other applicable provisions of Section 3.28 - Supplementary District
Regulations.
3.9.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions of the "Off-Street Parking Requirements," and the "Off-Street Loading Requirements."
3.9.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district
shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions of Chapter 1 - General Provisions of this Land Development Code.
Section 3.10 R40 - Single Family Residential District
3.10.A R40 - SINGLE FAMILY RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
section, are the regulations of the R40 - Single Family Residential District.
3.10.B PURPOSE AND INTENT
The purpose and intent of the R40 - Single Family Residential District is to provide for compatible land,
building and structure uses primarily oriented to low density residential purposes, open space uses, and
select community facility uses. The locational characteristics of this district are not confined to any
specific or general area; however, they are most appropriate on the outer fringe of the more intensively
urbanized parts of the community, and/or along protected flood prone areas. Land uses in this district are
normally connected to an approved public or private sewage collection and treatment system, rather than
individual septic tanks and subsurface drainage fields. Low density detached single family residential
dwellings and development, along with the aforedescribed uses, comprise the principal elements of the
district.
3.10.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
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Page 3 - 11
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City of Collevville. Texas
3.10.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.10.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "Permitted Principal Uses" are allowed, including but not
limited to the following:
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade" swimming pools
having a water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than four (4') feet nor more than six (6') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool(s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side' or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Noncommercial radio and television receiving antennae and noncommercial radio transmitting
antennae limited in height to sixty (60') feet (measured from the ground line in front of the
dwelling or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
5. Required off-street parking and loading spaces.
6. Home occupation uses as defined in Chapter 2 - Definitions of this Land Development Code.
7. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the regulations for the "Parking, Storage or Use of Major Recreational
Equipment and Vehicles."
8. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code
9. Private domestic greenhouses.
10. Private stables for the keeping of grazing animals, provided:
a. Significant ground accumulations of manure shall be collected and properly disposed of so as
not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance
to humans or animals;
b. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to
properly retain the grazing animal(s) on the premises; and
c. The minimum space area of the lot upon which such grazing animal(s) may be kept, including
pens, corrals, and stables, shall not be less than 15,000 square feet per each grazing animal
over five hundred (500) pounds and not less than five thousand (5,000) square feet for any
other grazing animal.
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Page 3 - 12
^ -- ~~..__._-_.__._-_.~~---~,-~.......~~~-~~-....._,~..,
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City of Collevville. Texas
3.10.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.10.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions of the regulation for the "Classification of New and
Unlisted Uses."
3.10.H DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 -
Schedule of District Regulations and other applicable provisions of Section 3.28 - Supplementary District
Regulations.
3.10.1 OFF- STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.10.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district
shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions of Chapter 1 - General Provisions of this Land Development Code.
Section 3.11 R30 - Single Family Residential District
3.11.A R30 - SINGLE FAMILY RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the R30 - Single-Family Residential District.
3.11.B PURPOSE AND INTENT
The purpose and intent of the R30 - Single-Family Residential District is to provide for compatible land,
building, and structural uses primarily oriented to low density residential purposes, open space uses, and
selected community facility uses. The locational characteristics of this district are generally found in the
inner urbanized developed areas of the City. Land uses in this district are normally connected to an
approved public or private sewage collection and treatment system, rather than individual septic tanks
and subsurface drainage fields. Moderately low density detached single-family residential dwellings and
development, along with the aforedescribed uses, comprise the principal elements of the district.
Chapter 3 - Land Use
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Land Development Code
City of Colievville. Texas
3.11.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
3.1l.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.11.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "Permitted Principal Uses" are allowed, including but not
limited to the following:
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than (24") inches and "above grade" swimming pools having a
water depth (24") inches or more, except for inflatable portable tot pools, shall be enclosed by a
fence and gate not less than (4') feet nor more than (8') feet in height, and of such material and
design to discourage unauthorized entry to the facility. Such pool(s) may be located in a required
side or rear yard, but not within a required front yard, and shall not be located closer than (5') feet
to any side or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Noncommercial radio and television receiving antennae and noncommercial radio transmitting
antennae limited in height to sixty (60') feet (measured from the ground line in front of the
dwelling or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
5. Required off-street parking and loading spaces.
6. Home occupation uses as defined in Chapter 2 - Definitions of this Land Development Code.
7. Parking and storage of private boats(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the regulations for the "Parking, Storage or Use of Major Recreational
Equipment and Vehicles."
8. Signs, in conformance with these regulations and other applicable City codes and ordinances.
9. Private domestic greenhouses.
3.11.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such as allowed in Section
2.24 - "Schedule of Permitted Principal Uses." The issuance of such "special exception uses" by the
"Board" shall be contingent upon reasonable and appropriate conditions and safeguards, including the
Chapter 3 - Land Use
Page 3 - 14
Land Development Code
City of Collevville. Texas
length of time thereof, when appropriate, so as to properly protect any adjacent property, use, or
neighborhood character, as well as insure the appropriate conduct of the special exception use of the
land or buildings granted.
3.11.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for the "Classification of New and Unlisted Uses."
3.11.H DENSITY~ AREA~ Y ARD~ HEIGHT~ AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes, (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 -
"Schedule of District Regulations" and other applicable provisions of Section 3.28 - "Supplementary
District Regulations. "
3.11.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions of the "Off-Street Parking Requirements" and "Off-Street Loading Requirements."
3.11.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the "Official Zoning Map" affecting this
district shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions of Chapter 1 - General Provisions of this Land Development Code regarding "Petition for
Zoning District Change: Land Plan and Supporting Documents Required."
Section 3.12 R20 - Single Family Residential District
3.12.A R20 - SINGLE FAMILY RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the R20 - Single-Family Residential District.
3.12.B PURPOSE AND INTENT
The purpose and intent of the R20 - Single-Family Residential District is to provide for compatible land,
building, and structural uses primarily oriented to medium-low density residential purposes, open space
uses, and selected community facility uses. The locational characteristics of this district are generally
found in the inner urbanized developed areas of the city, adjacent to shopping facilities. Land uses in this
district are normally connected to an approved public or private sewage collection and treatment system,
rather than individual septic tanks and sub-surface drainage fields. Moderately low density detached
single-family residential dwellings as exist in the inner area of the city comprise the principal elements of
the district. It is further the intent to use this district and its regulations to accommodate and recognize
the existence of small lot conventional single-family development, which presently exists in the city.
3.12.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
3.12.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
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Land Development Code
City of Collevville. Texas
3.12.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "permitted principal uses" are allowed, including but not
limited to the following:
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade" swimming pools
having a water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than four (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool(s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Noncommercial radio and television receiving antennae and noncommercial radio transmitting
antennae limited in height to sixty (60) feet (measured from the ground line in front of the dwelling
or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses.
5. Required off-street parking and loading spaces.
6. Home occupation uses as defined in Chapter 2 - Definitions of this Land Development Code.
7. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the regulations for "Parking, Storage or Use of Major Recreational Equipment
and Vehicles."
8. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code.
9. Private domestic greenhouses.
3.12.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception' by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.12.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for the "Classification of New and Unlisted Uses."
Chapter 3 - Land Use
Page 3 - 16
Land Development Code
City of Collevville. Texas
3.12.H DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 _
"Schedule of District Regulations" and other applicable provisions of Section 3.28 - "Supplementary
District Regulations. "
3.12.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.12.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district
shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions contained in Chapter 1 - General Provisions of this Land Development Code.
Section 3.13 R15 - Single Family Residential District
3.13.A R15 - SINGLE-F AMIL Y RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the R 15 - Single-Family Residential District.
3.13.B PURPOSE AND INTENT
The purpose and intent of the R15 - Single-Family Residential District is to provide for compatible land,
building, and structural uses primarily oriented to medium-low density residential purposes, open space
uses, and selected community facility uses. The locational characteristics of this district are generally
found in the inner urbanized developed core of the city andlor adjacent to shopping facilities. Land uses
in this district are normally connected to an approved public or private sewage collection and treatment
system, rather than individual septic tanks and sub-surface drainage fields. Medium low density
detached single-family residential buildings as exist in the inner core area of the city on typically small
lots, along with the aforedescribed uses, comprise the principal elements of the district. It is further the
intent to use this district and its regulations to accommodate and recognize the existence of small lot
conventional single-family development, which presently exists in the city, but not to create new-zoned
areas for such conventional small lots.
3.13.C USE REGULA TIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
3.13.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.13.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 2.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "permitted principal uses" are allowed, including but not
limited to the following:
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City of Collevville. Texas
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade" swimming pools
having a -water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than four (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool (s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Noncommercial radio and television receiving antennae and noncommercial radio transmitting
antennae limited in height to sixty (60') feet (measured from the ground line in front of the
dwelling or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
5. Required off-street parking and loading spaces.
6. Home occupation uses, as defined in Chapter 2 - Definitions of this Land Development Code.
7. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the regulations for the "Parking, Storage or Use of Major Recreational
Equipment and Vehicles."
8. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code.
9. Private domestic greenhouses.
3.13.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.13.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the regulations for the "Classification of New and Unlisted Uses."
3.13.H DENSITY~ AREA~ Y ARD~ HEIGHT~ AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24
"Schedule of District Regulations" and other applicable provisions of Section 3.28 - "Supplementary
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City of Collevville. Texas
District Regulations. "
3.13.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.13.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district
shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions of Chapter 1 - General Provisions of this Land Development Code.
Section 3.14 RD - Two-Family Residential District
3.14.A RD - Two-FAMILY RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the RD - Two-Family Residential District.
3.14.B PURPOSE AND INTENT
The purpose and intent of the RD - Two-Family Residential District is to provide for compatible land,
building, and structure uses primarily oriented to medium-low density two-family residential purposes,
open space useage, and selected community facility uses. The locational characteristics of this district
are generally, but not always, found in the inner urbanized developed core of the city around shopping
centers and neighborhood service facilities, plus as a transitional element between low density, single
family districts and higher density multiple family districts. Land uses in this district are normally
connected to an approved public or private sewage collection and treatment system, rather than
individual septic tanks and sub-surface drainage fields. Dwellings containing two-family dwelling units,
plus the aforedescribed uses, comprise the principal elements of the district. The intent of this district is
not to allow single-family detached dwellings.
3.14.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
3.14.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.14.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "permitted principal uses" are allowed, including but not
limited to the following:
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade' swimming pools
having a water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
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City of Collevville. Texas
shall be enclosed by a fence and gate not less than four (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool (s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Noncommercial radio and television receiving antennae and noncommercial radio transmitting
antennae limited in height to sixty (60') feet (measured from the ground line in front of the
dwelling or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
5. Required off-street parking and loading spaces.
6. Home occupation uses, as defined in Chapter 2 - Definitions of this Land Development Code.
7. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the requirements for "Parking, Storage or Use of Major Recreational Equipment
and Vehicles."
8. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code.
9. Private domestic greenhouses.
3.14.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, can not be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 2.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.14.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for the "Classification of New and Unlisted Uses."
3.14.H DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 -
"Schedule of District Regulations" and other applicable provisions of Section 3.28 - "Supplementary
District Regulations. "
3.14.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for the "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.14.J LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED
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City of Collevville. Texas
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district
shall be accompanied by a land plan and supporting document therefor, in conformance with the
provisions of Chapter 1 - General Provisions of this Land Development Code.
Section 3.15 RMF - Multifamily Residential District
3.15.A RMF - MULTI-FAMILY RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the RMF - Multifamily Residential District.
3.15.B PURPOSE AND INTENT
The purpose and intent of the RMF - Multi-family Residential District is to provide for compatible land,
building, and structure uses primarily oriented to medium density multi-family residential purposes, open
space uses, select community facility uses, and under special conditions, single-family uses. The
locational characteristics of this district are generally, but not always, found in the inner urbanized
developed core of the city around shopping centers and neighborhood service facilities, near employment
centers, at the intersections of major and secondary thoroughfare streets, and as a transitional element
between lower density and more intense nonresidential land uses. Land uses in this district are normally
connected to an approved public or private sewage collection and treatment system, rather than
individual septic tanks and sub-surface drainage fields. Garden apartment buildings and condominiums,
and low-density townhouses, plus the aforedescribed uses, comprise the principal elements of the district.
3.15.C USE REGULATIONS
Land, buildings and structures may be used only for the purposes allowed in this Section.
3.15.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.15.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "permitted principal uses" are allowed, including but not
limited to the following:
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade" swimming pools
having a water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than four (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool (s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Noncommercial radio and television receiving antennae and noncommercial radio transmitting
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City of Collevville. Texas
antennae limited in height to (60) feet (measured from the ground line in front of the dwelling or
use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
5. Required off-street parking and loading spaces.
6. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the regulations for "Parking, Storage or Use of Major Recreational Equipment
and Vehicles."
7. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code.
8. Private domestic greenhouses.
9. Outdoor storage areas or storage buildings for boats, trailers, and other recreational equipment,
automobiles, or household effects - for the exclusive use of the site occupants, provided these
accessory uses are screened in general conformity with the requirements for "Fences, Free
Standing Walls, and Screening Materials."
10. An office area not containing more than (2) percent of the gross floor area of the main building in
a multifamily development used exclusively for administration purposes for said development
only.
11. Coin-operated vending machines in a principal or accessory building for newspapers, candy,
tobacco, soft drinks, ice and similar services for use by the site occupants and guests of
permitted uses in this district.
12. Social and recreation buildings for use by the site occupants and guests of permitted uses in this
district.
13. Group dining quarters within a principal building.
3.15.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.15.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for the - "Classification of New and Unlisted Uses."
3.15.H DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 -
"Schedule of District Regulations" and other applicable provisions of Section 3.28 - "Supplementary
District Regulations. "
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City of Collevville. Texas
3.15.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions of the "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.15.J SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district,
or for a "Special Use Permit" to be issued in this district, shall be accompanied by a site plan and
supporting document therefore, unless otherwise waived by the City Planning and Zoning Commission or
Zoning Board of Adjustment, in conformance with the provisions of Chapter 1 - General Provisions of this
Land Development Code.
3.15.K OPEN SPACE REQUIRED
Unless waived by the Planning and Zoning Commission, the RMF - Multifamily Residential District shall
conform to the Open Space Requirements as set forth in the provision for "Open Space Requirements,"
"Maximum Residential Density Permitted; and Density Increase Bonuses," and "Guarantee of Common
Open Space."
3.15.L PLANNED SINGLE FAMILY USE IN RMF ZONING DISTRICTS BY SPECIAL USE PERMIT
1. Purpose and Intent - the purpose and intent of the grant of a special use permit for single family
use in a R-MF Zoning District is to provide for the use in said zoning district of land, buildings and
structures, for an appropriate combination of residential uses, accessory uses and special uses
and to accommodate uses of land in multifamily zoning districts for single family purposes when
said use is pursuant to a plan designed to encourage the most appropriate and aesthetic uses of
land having due regard for the special arrangement of buildings, land uses, open spaces,
circulation transportation patterns and consideration of special site and topographical features,
which are controlled and the actual development becomes incorporated into the grant of the
special use permit.
2. Allowable Uses - land, buildings or structures within an area zoned R-MF on which a special use
has been granted may be used for any appropriate combination of principal uses, accessory
uses, and special uses as permitted in residential zoning districts. However, the Planning and
Zoning Commission and the City Council reserve the right to prohibit and exclude certain uses
within any planned district, when, in their opinion, the inclusion of certain uses would or could
cause or create an adverse impact within or to an adjacent development, or be an otherwise
inappropriate use within the development or detrimental to persons or property within the
adjacent districts thereto.
3. Permitted Uses - the land, buildings and structures within an RMF Zoning District upon which a
special use permit has been granted may be used in any single purpose or mixed type of
residential dwellings, including but not limited to the attached single family dwelling on
conventional subdivision type lots, attached dwellings such as duplexes and townhouses, "cluster
housing", patio homes, atrium homes, zero-lot line homes, (with a maximum of one side wall of
the dwelling in common with a side property line). Additionally, accessory uses customary and
incidental and secondary to any allowed foregoing use are allowed in the district.
4. Prohibited Uses - uses not expressly permitted in residential zoning districts of this Chapter are
expressly prohibited in any R-MF District with special use permit unless otherwise authorized and
approved by the City Planning and Zoning Commission and the City Council.
5. Minimum Lot Size Requirements; Minimum Yard Requirements; Maximum Building Heights; and
Maximum Lot Coverage - the maximum height, lot width, lot depth, floor area ratio and lot area,
and the minimum off-street parking and loading requirements for a special use permit in RMF
Zoning District shall comply with or be more restrictive than the standard established in RMF
Zoning Districts. The Planning and Zoning Commission and City Council may alter such
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City of Collevville. Texas
requirements when in their opinion the proposed development densities and land use
arrangements shown on the site plan would result in the more innovative siting of buildings and
facilities which would improve the usefulness of yard areas and the relationship to traffic
circulation, admittance of light and air to buildings, fire protection and useable open space.
6. Off-Street Parking and Loading Requirements - off-street parking and loading requirements
pertaining to uses allowed in this district shall conform with the provisions of the "Off-Street
Parking Requirements," and "Off-Street Loading Requirements."
7. Site Plan and Supporting Documents Required - any application for a change in zoning district
boundaries on the "official zoning map" to establish a special use permit in an RMF Zoning
District shall be accompanied by a site plan and supporting documents therefore, in conformance
with the provisions of Chapter 1 - General Provisions of this Land Development Code.
8. Nature of Amending Ordinance Approving a Special Use Permit in RMF Zoning Districts - in
approving any request for a special use permit in RMF Zoning Districts, the City Council shall, on
the recommendation of the Planning and Zoning Commission, incorporate in the amending
ordinance reference to the approved site plan, supporting documents and other conditions or
restrictions imposed on the project by the commission including those of Council, and said
information, conditions and restrictions shall constitute controls and limitations upon the
development and use of the property. The approval and adoption of the amending ordinance by
the Council shall result in the appropriate change to the "Official Zoning Map." However, the
zoning change does not constitute recording of a "final plat", nor authorize the issuance of
building permits and "certificates of occupancy," until such time as a "final plat," and supporting
legal and construction documents have been prepared and submitted for City Council approval
on all or part of the proposed development, in conformance with the requirements and
procedures of the City Subdivision Regulation Ordinance and the requested zoning change.
9. Requirements for "Final Plat," Submission Following Grant of Special Use Permit - within a
maximum of six (6) consecutive months, following the approval of the special use permit in the
RMF Zoning District by the City Council, the applicant shall file with the City Planning and Zoning
Commission a "final plat" and necessary supporting documents of all or a part of the site in
conformance with the City's Subdivision Regulations Ordinance. In its discretion and for good
cause, the Planning Commission may extend for six (6) months the period of filing for the "final
plat," upon written request by the applicant. Should the applicant fail to submit a "final plat" within
the six-month period following the City Council approval of the Special Use Permit, or by the
termination date of the filing of the extension granted by the Planning and Zoning Commission,
the Commission may initiate proceedings to amend the official zoning map by removing all or part
of the Special Use Permit in the RMF Zoning District from the official zoning map. The City
Council may uphold the Commission's recommendation and proceed to advertise and hold public
hearings thereon, or may elect to continue the special use permit in the R-MF Zoning District.
10. Compliance with Development Schedule - an application for a planned unit development district
shall be accompanied by a development schedule indicating the appropriate date on which
construction is expected to begin and the rate of anticipated development to completion. The
development schedule, if adopted and approved by the City Council, shall become a part of the
development plan and shall be adhered to by the owner, developer and his successors in
interest. The development schedule shall be reviewed annually by the City Manager or his
designee and he shall report to the Planning and Zoning Commission the actual development
accomplished as compared with the development schedule. The Planning and Zoning
Commission may, if in its opinion the owner or owners of property are failing or have failed to
meet the approved schedule, initiate proceedings to amend the official Zoning Map by removing
all or part of the special use permit in the RMF Zoning District from the official zoning map. Upon
the recommendation of the Planning and Zoning Commission and for good cause shown by the
owner and developer, the City Council may also extend the development schedule or adopt such
new development schedule as may be indicated by the facts and conditions of the case.
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City of Collevville. Texas
Section 3.16 MH - Mobile Home Residential District
3.16.A MH - MOBILE HOME RESIDENTIAL DISTRICT
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the MH - Mobile Home Residential District.
3.16.B PURPOSE AND INTENT
The purpose and intent of the MH - Mobile Home Residential District is to provide for the orderly, safe,
and healthful development of mobile home parks and mobile home subdivisions. Since mobile homes
are recognized as a special form of housing, the intent of this district is to provide appropriate standards
as to compatible land uses, density, minimum mobile home park or subdivision size, and other relevant
requirements pertaining to the design, construction, alterations, and extensions of mobile home parks and
mobile home subdivisions. Land uses in this district are normally connected to an approved public or
private sewage collection and treatment system, rather than individual septic tanks and sub-surface
drainage fields.
3.16.C USE REGULA TIONS
Every mobile home park or mobile home subdivision hereafter constructed, enlarged, altered, extended,
or created shall comply with all regulations set forth under this Section.
3.16.D PERMITTED PRINCIPAL USES
The permitted principal uses allowed in this district are as designated in Section 3.24 - Schedule of
Permitted Principal Uses.
3.16.E PERMITTED ACCESSORY USES
Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings,
structures, and uses customarily incidental to the "permitted principal uses" are allowed, including but not
limited to the following:
1. Private residential garages, carports and related storage buildings and greenhouses accessory to
permitted residential uses.
2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game court is for the private use
of the site occupants and their guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than twenty-four (24") inches and "above grade" swimming pools
having a water depth twenty-four (24") inches or more, except for inflatable portable tot pools,
shall be enclosed by a fence and gate not less than four (4') feet nor more than eight (8') feet in
height, and of such material and design to discourage unauthorized entry to the facility. Such
pool (s) may be located in a required side or rear yard, but not within a required front yard, and
shall not be located closer than five (5') feet to any side or rear property line.
3. Lanais, gazebos, garden and patio shelters, and children's play-houses, provided the privacy
enjoyed by adjacent residential dwellings is not impaired.
4. Non-commercial radio and television receiving antennae and non-commercial radio transmitting
antennae limited in height to sixty (60') feet (measured from the ground line in front of the
dwelling or use facing a public street), and further provided no electrical, radio or television signal
interference is created which would adversely affect such audio or visual signals to nearby
dwellings and other permitted uses;
5. Required off-street parking and loading spaces.
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Land Development Code
City of Collevville. Texas
6. Home occupation uses, as defined by Chapter 2 - Definitions of this Land Development Code.
7. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in
conformance with the requirements for the "Parking, Storage or Use of Major Recreational
Equipment and Vehicles."
8. Signs, in conformance with Chapter 7 - Sign Regulations of this Land Development Code.
9. Private domestic greenhouses.
10. Pool cabanas, laundry buildings, restroom/shower buildings, park office building, and other similar
uses accessory to a Mobile Home Park or Mobile Home Subdivision.
3.16.F SPECIAL EXCEPTION USES
In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be
unconditionally permitted in this district, yet would or could be an appropriate or compatible use under
certain controlled circumstances and locations, the "Zoning Board of Adjustment" may, after public
hearing thereon, authorize and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 3.24 - "Schedule of Permitted Principal Uses." The issuance of such
"exception" by the "Board" shall be contingent upon reasonable and appropriate conditions and
safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent
property, use or neighborhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
3.16.G PROHIBITED USES
Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with the provisions for the "Classification of New and Unlisted Uses."
3.16.H DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the maximum permissible residential density, minimum lot size, minimum
yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 -
"Schedule of District Regulations" and other applicable provisions of Section 3.28 - "Supplementary
District Regulations. "
3.16.1 OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for the "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.16.J SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district,
or for a "Special Use Permit" to be issued in this district, shall be accompanied by a site plan and
supporting document therefor, unless otherwise waived by the Planning and Zoning Commission or
Zoning Board of Adjustment, in conformance with the provisions of Chapter 1 - General Provisions of this
Land Develo ment Code.
3.17.A PURPOSE
This district is designed to be compatible adjacent to or near residential area and to provide office
services needed by homeowners on a usual basis. The lot size maximum is small to encourage small-
scale developments, and hours of operation do not permit businesses to be open at night.
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City of Collevville. Texas
3.17.B PERMITTED USES
1. Residential I Ag I Educational I Community Facility Uses: government buildings; parks, golf
courses & community buildings
2. Retail Uses: none
3. Service & Office Uses: interior decorator shop; general office
4. Commercial Service & Industrial Uses: none
3.17.C SPECIAL USES
1. Residential I Ag I Educational I Community Facility Uses: (privately operated) kindergarten,
primary & secondary school; cemeteries & mausoleums
2. Retail Uses: none
3. Service & Office Uses: day care I day nursery
4. Commercial Service & Industrial Uses: none
3.17.D SITE REQUIREMENTS
100 ft.
120 ft.
40%
200 sJ..Minimumsethacl(s:m
1 acre front:
side abuttin residential:
~i9~~~~!!i!!~~?~~EE:!~i9~~ti~l:m
+r~Clr.Cl~~!!i~~TE:!sid e nti a I:
.......J ..rE:!~ECl~~!ti~~m~()~~r~~i9~~tiClI:.. .
.... ~E?ig~!ir:!~t<?ri~~: 2 st.
hei ht in feet: 35 ft.
ig~tf:l<:JL!<?T~~i<:i~r:!!iClI
iMinimumloisize:m
: Maximum lot size:
inimum lot width at front
tback line:
i'!l~'!l...I()t9E:!pt.~.:m...
imum lot coverage:
4
25 ft.
15 ft.
25 ft.
........mm...m......................+
10 ft.
3.17.E SUPPLEMENTARY REQUIREMENTS
- uses adjacent to single family uses
must be screened as per Sec. 3.26
...,..................................................................................",.............................................................................i.......
- may be operated in daytime only
.... 9f!~$~r:~~(P~f}~J'!g: ....m .
mmmm~f:l~~~ql!it~<:J~Y$~~'}'?~mmm.. ,
Site Plans:
- plans must be submitted in
25 points as per Chapter 5 rdance with Sec. 3.31
Section 3.18 CN - Neighborhood Commercial District
3.18.A PURPOSE
This district is designed to be compatible adjacent to or near residential areas and to provide goods
needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale
developments, and hours of operation do not permit businesses to be open at night.
3.18.B PERMITTED USES
1. Residential I Ag I Educational I Community Facility Uses: government buildings; parks, golf
courses & community buildings
2. Retail Uses: convenience store wlo gasoline sales; general retail sales; pharmacy; retail
plumbing, electrical & hardware wlo outside display; hardware wloutside display; book &
stationary shop; jewelry, camera, music sales and/or repair; florist shop.
3. Service & Office Uses: barber and beauty salons; interior decorator shop; medical office wlo
clinic; general office
4. Commercial Service & Industrial Uses: none
3.18.C SPECIAL USES
1. Residential I Ag I Educational I Community Facility Uses: (privately operated) kindergarten,
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City of Collevville. Texas
primary & secondary school; cemeteries & mausoleums
2. Retail Uses: none
3. Service & Office Uses: self service laundromat; dry cleaners (station only), day care / day nursery
4. Commercial Service & Industrial Uses: outdoor amusement
3.18.D SITE REQUIREMENTS
General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure:
Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28
Maximum lot size: 1 acre front: 40 ft.
Minimum lot width at front side abutting residential: 25 ft.
setback line: 100 ft. side abutting non-residential: 15 ft.
Minimum lot depth: 120 ft. rear abutting residential: 25 ft.
Maximum lot coverage: 40% rear abutting non-residential: 10 ft.
Max. Building height in stories: 2 s1.
Max. building height in feet: 35 ft.
Max. building height adj. To residential
district: see Sec. 24
3.18.E SUPPLEMENTARY REQUIREMENTS
General: Landscaping Plans: Off-Street Parking:
- outdoor storage is not permitted - required per Chapter 4 - as required by Sec. 3.29
- uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans:
must be screened as per Sec. 24 - each site must have a minimum of - plans must be submitted in
- may be operated in daytime only 25 points per Chapter 5 accordance with Sec. 3.31
Section 3.19 CC1 - Village Retail District
3.19.A PURPOSE
This district is oriented to general commercial retail goods and services as well as some office, entertainment
and community facility uses. While the district is designed to encourage "clustering" stores, the site
requirements allow for a smaller scale than a shopping center type development. It is likely that Village Retail
centers will be built without a major anchor store and be located near but not at major street intersections.
3.19.B PERMITTED USES
1. Residential / Ag / Educational/Community Facility Uses: government buildings; parks, golf
courses & community buildings
2. Retail Uses: convenience store w/o gasoline sales; supermarket/grocery; bakery; meat & fish
market; cafe, cafeteria or restaurant; general retail sales; pharmacy; drug store; retail plumbing,
electrical & hardware w/o outside display; hardware w/outside display; book & stationary shop;
jewelry, camera, music sales and/or repair; florist shop; furniture store; pet shop.
3. Service & Office Uses: barber and beauty salons; dry cleaners (station only); apparel alterations;
health studios (excluding non-therapeutic massage parlors); music & dance studios; interior
decorator shop; medical & veterinary clinics (out patient services only); medical office w/o clinic;
general office; banks, financial institutions.
4. Commercial Service & Industrial Uses: none
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City of Collevville. Texas
3.19.C SPECIAL USES
1. Residential I Ag I Educational I Community Facility Uses: (privately operated) kindergarten,
primary & secondary school; junior & senior colleges & universities; vocational, technical & trade
schools; business & professional school; cemeteries & mausoleums; bus or train passenger
terminal; auto parking lots & garages.
2. Retail Uses: convenience store with gasoline sales; second hand goods shop.
3. Service & Office Uses: self service laundromat; funeral home I mortuary; day care I day nursery
4. Commercial Service & Industrial Uses: indoor amusement; outdoor amusement
3.19.D SITE REQUIREMENTS
General Requirements: PRIMARY USE & STRUCTURE: Accessory Use &
Structure:
Minimum lot size: 15,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28
Maximum lot size: 5 acres front: 40 ft.
Minimum lot width at front side abutting residential: 25 ft.
setback line: 150 ft. side abutting non-residential: 15 ft.
Minimum lot depth: 120 ft. rear abutting residential: 25 ft.
Maximum lot coverage: 50% rear abutting non-residential: 10 ft.
Max. Building height in stories: 2 st.
Max. building height in feet: 35 ft.
Max. building height adj. To residential
district: see Sec. 3.24 (A&B)
3.19.E SUPPLEMENTARY REQUIREMENTS
General: Landscaping Plans: Off-Street Parking:
- outdoor storage is not permitted - required as per Chapter 4 - as required by Sec. 3.29
- uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans:
must be screened as per Sec. 24 - each site must have a minimum of - plans must be submitted in
- may be operated 24 hours/day 30 points as defined by Chapter 5 accordance with Sec. 3.31
Section 3.20 CC2 - Shopping Center District
3.20.A PURPOSE
This district is oriented to general commercial goods and services as well as office, entertainment and
community facility uses. By nature, shopping center tracts are large-scale usually accommodating a large
anchor store and several smaller stores. These tracts are generally located at major street intersections.
3.20.B PERMITTED USES
1. Residential I Ag I Educational I Community Facility Uses: hotel & motel; government buildings;
parks, golf courses & community buildings
2. Retail Uses: convenience store w/o gasoline sales; supermarket; bakery; meat & fish market;
cafe, cafeteria or restaurant; restaurant with drive-in or drive-thru service; general retail sales;
pharmacy; drug store; retail plumbing, electrical & hardware w/o outside display; hardware with
outside display; book & stationary shop; jewelry, camera, music sales and/or repair; florist shop;
furniture store; pet shop; building materials without outside storage.
3. Service & Office Uses: barber and beauty salons; dry cleaners (station only); apparel alteration;
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City of Collevville. Texas
health studios (excluding non-therapeutic massage parlors); music and dance studios;
veterinarian office w/kennels; interior decorator shop; food catering; medical & veterinary clinics
(out patient services only); medical office w/o clinic; general office; banks, financial institutions.
4. Commercial Service & Industrial Uses: motion picture theaters
3.20.C SPECIAL USES
1. Residential / Ag / Educational/Community Facility Uses: (privately operated) kindergarten,
primary & secondary school; junior & senior colleges & universities; vocational, technical & trade
schools; business & professional school; cemeteries & mausoleums; bus or train passenger
terminal; auto parking lots & garages; airport, heliport or helistop.
2. Retail Uses: convenience store with gasoline sales; second hand goods shop; vehicle sales
w/outside display; auto sales.
3. Service & Office Uses: self service laundromat; funeral home / mortuary; day care / day nursery.
4. Commercial Service & Industrial Uses: indoor amusement; outdoor amusement; automotive
repair & service w/o outside storage.
3.20.D SITE REQUIREMENTS
General Requirements: PRIMARY USE & STRUCTURE Accessory Use &
Structure
Minimum lot size: 20,000 sJ. Minimum setbacks: Permitted per Sec. 3.24 & 3.28
Maximum lot size: none front: 40 ft. *
Minimum lot width at front *see Sec. 23 (0) for special "urban
setback line: 150 ft. Village" front yard setback.
Minimum lot depth 120 ft. side abutting residential: 25 ft.
Maximum lot coverage 60% side abutting non-residential: 15 ft.
rear abutting residential: 25 ft.
rear abutting non-residential 10 ft.
Max. Building height in stories: 2 st.
Max. building height in feet: 35 ft.
Max. building height in PUO 4 st.
Max. building height adj. To residential
district: see Sec. 3.24 (A&B)
3.20.E SUPPLEMENTARY REQUIREMENTS
General:
- outdoor storage is not permitted
- uses adjacent to single family uses
must be screened as per Sec. 3.24
- ma be 0 erated 24 hours/da
Landscaping Plans:
- required as per Chapter 4
Commercial Bldg. Design Stds.
- each site must have a minimum of
25 oints as defined b Cha ter 5
Off-Street Parking:
- as required by Sec. 3.29
Site Plans:
- plans must be submitted in
accordance with Sec. 3.31
Section 3.21 CC3 - Highway Commercial District
3.21.A PURPOSE
This district would permit uses that do not fit within the retail or manufacturing categories. Service and
retail uses associated with outdoor storage, noise, especially auto repair and service and others would be
permitted. The minimum lot size is less than the Shopping Center District to allow for more flexibility of
uses. It is anticipated that most of these districts would not be located near residential districts.
3.21.B PERMITTED USES
1. Residential / Ag / Educational/Community Facility Uses: hotel & motel; business & professional
school; government buildings; parks, golf courses & community buildings; bus or train passenger
terminal; auto parking lots & garages.
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City of Collevville. Texas
2. Retail Uses: convenience store w/gasoline sales; restaurant with drive-in or drive-thru service;
retail plumbing, electrical & hardware w/o outside display; hardware with outside display;
commercial greenhouse; furniture store; feed and seed w/outside storage; motorcycle & jet ski
sales & repair; vehicle sales w/outside display; auto sales; gasoline service station; building
materials without outside storage.
3. Service & Office Uses: apparel alterations; veterinarian office w/kennels; food catering; hospital;
contractor office w/yard; exterminator shop w/storage; pawn shop.
4. Commercial Service & Industrial Uses: motion picture theater; automotive repair & service w/o
outside storage; laundry I dry cleaning plant; appliance repair shop; plumbing, heat, air
conditioning & electrical trades shop; welding shops; upholstery, furniture repair; self service
storage; printing & bookbinding; research & development labs.
3.21.D SPECIAL USES
1. Residential I Ag I Educational I Community Facility Uses: (privately operated) kindergarten,
primary & secondary school; junior & senior colleges & universities; vocational, technical & trade
schools; telecommunication towers; cemeteries & mausoleums; airport, heliport or helistop
2. Retail Uses: second hand goods shop; building materials w/outside storage.
3. Service & Office Uses: self service laundromat; funeral home I mortuary, day care I day nursery.
3. Commercial Service & Industrial Uses: outdoor amusement; archery & firearm ranges.
3.21.E SITE REQUIREMENTS
General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure:
Minimum lot size: 10,000 sJ. Minimum setbacks: Permitted as per Sec. 3.24 &
3.28
Maximum lot size: none front: 40 ft.
Minimum lot width at front side abutting residential: 25 ft.
setback line: 150 ft. side abutting non-residential: 15 ft.
Minimum lot depth 120 ft. rear abutting residential: 25 ft.
Maximum lot coverage 70% rear abutting non-residential 10 ft.
Max. Building height in stories: 2 s1.
Max. building height in feet: 35 ft.
Max. building height adj. to residential
district: see Sec. 3.24 (A&B)
3.21.F SUPPLEMENTARY REQUIREMENTS
General:
- outdoor storage is permitted
- uses adjacent to single family uses
must be screened as per Sec. 3.24
- may be operated 24 hours/day.
Landscaping Plans:
- required as per Chapter 4
Commercial Bldg. Design Stds:
- each site must have a minimum of
20 points as defined by Chapter 5
Off-Street Parking:
- as required by Sec. 3.29
Site Plans:
- plans must be submitted in
accordance with Sec. 3.31
Section 3.22 ML - Light Manufacturing District
3.22.A PURPOSE
This district would permit uses that involve the fabrication of products or have outdoor storage, noise,
odors or other objectionable aspects that would not be compatible in retail or service areas. This district
is limited to those uses that are not retail in nature or in some cases those that need outdoor space.
3.22.B PERMITTED USES
1. Residential I Ag I Educational I Community Facility Uses: vocational, technical & trade schools;
business & professional school; government buildings; parks, golf courses & community
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Land Development Code
City of Collevville. Texas
buildings; public maintenance & storage buildings; bus or train passenger terminal; railroad or
motor freight terminals; auto parking lots & garages; transportation vehicle storage yards or
garages.
2. Retail Uses: convenience store w/gasoline sales; vehicle sales w/outside display; automobile
sales; gasoline service station; building materials with outside storage.
3. Service & Office Uses: veterinarian office w/kennels; contractor office w/yard; exterminator shop
w/storage.
4. Commercial Service & Industrial Uses: automotive repair & service with and without outside
storage; laundry-dry cleaning plant; appliance repair shops; plumbing, heat, air conditioning &
electrical trades shop; welding shops; upholstery, furniture repair; self service storage; warehouse
& distribution; printing & bookbinding; food packaging & manufacturing; research & development
labs; all other manufacturing.
3.22.C SPECIAL USES
1. Residential / Ag / Educational/Community Facility Uses: mobile home dwellings; servants or
caretakers quarters; (privately operated) kindergarten, primary & secondary school;
telecommunication towers; solid waste disposal sites; cemeteries & mausoleums; airport, heliport
or helistop
2. Retail Uses: none
3. Service & Office Uses: none
4. Commercial Service & Industrial Uses: outdoor amusement; archery & firearm ranges
3.22.D SITE REQUIREMENTS
General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure:
Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28
Maximum lot size: none front: 40 ft.
Minimum lot width at front side abutting residential: 25 ft.
Setback line: 100 ft. side abutting non-residential: 15 ft.
Minimum lot depth 120 ft. rear abutting residential: 25 ft.
Maximum lot coverage 60% rear abutting non-residential 10 ft.
Max. Building height in stories: 2 st.
Max. building height in feet: 35 ft.
Max. building height adj. To residential
district: see Sec. 3.24 (A&B)
3.22.F SUPPLEMENTARY REQUIREMENTS: (SEE SECTIONS 24. 25 AND 27)
General:
- outdoor storage is permitted
- uses adjacent to single family uses
Must be screened as per Sec. 3.24
- ma be 0 erated 24 hours/da .
Landscaping Plans:
- required as per Chapter 4
Commercial Bldg. Design Stds:
- each site must have a minimum of
30 oints as defined b Cha ter 5
Off-Street Parking:
- as required by Sec. 3.29
Site Plans:
- plans must be submitted in
accordance with Sec. 3.31
Section 3.23 PUD - R; C; I (Planned Unit Development Districts)
3.23.A PUD-R~ PUD-C~ AND PUD-I PLANNED UNIT DEVELOPMENT DISTRICTS (R-RESIDENTIAL~ C-
COMMERCIAL~ AND I-INDUSTRIAL
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
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City of Collevville. Texas
Section, are the regulations of the PUD-R; C; or I; Planned Unit Development Districts.
3.23.B PURPOSE AND INTENT
The purpose and intent of this district is to accommodate planned associations of land uses developed as
integral land use units such as: industrial parks; office parks; commercial or service centers; shopping
centers; residential development of multiple or mixed housing types (i.e., conventional single family
detached dwellings, duplexes, multifamily apartments, attached townhouses, condominium multifamily
dwellings, cluster homes, "0 - lot line" homes, and patio and atrium homes); and other appropriate and
compatible combinations of land uses which may be planned, developed and operated as integral land
use units, either by a single owner or combination of owners.
This district is designed to encourage the most appropriate uses of land, permit flexibility to encourage a
more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement
of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of
special site and topographic features.
Development controls aimed at assuring the character, compatibility of mixed land uses, and harmonious
and timely development of the project are maintained through the establishment of standards specified for
various land uses, yards, site coverage by buildings, etc., which are determined by actual design and
incorporated into the amending ordinance of the zoning regulations. Likewise, site plans, development
schedules, draft restrictive deed covenants and draft property owner association covenants when
applicable, are required to be submitted.
The Official Zoning Map of the City only identifies those Planned Unit Developments (PUD's) that have
been previously approved by the City Council. The map does not forecast the location or type of planned
unit developments but assumes that every parcel of land within the community has the potential of being
appropriately planned under the regulations set forth herein; therefore, relies on the owner to initiate a
petition for zoning change.
3.23.C USE REGULATIONS
Land, buildings or structures within any "Planned Unit Development District" may be used for any
appropriate combination of principal uses, accessory uses, community facility uses, and special uses
permitted in any agricultural, residential, commercial or industrial district within the City; however, the City
Planning and Zoning Commission and City Council reserve the right to prohibit and exclude certain uses
within any planned district when, in their opinion, the inclusion of certain uses would or could cause or
create an adverse impact within or to adjacent development, or be an otherwise inappropriate use within
the development or detrimental to persons or property both within or adjacent thereto. For the purposes
of these regulations planned unit development districts shall be confined to one of the following
designated classifications, and shall be designated on the Official Zoning Map in the following manner
using the letter abbreviations of such districts:
"PUD-R" - (Planned Unit Development - Residential);
"PUD-C" - (Planned Unit Development - Commercial);
"PUD-I" - (Planned Unit Development - Industrial).
3.23.D PERMITTED USES
1. "PUD-R" Planned Unit Development: Residential (where the majority of land use is designated
for residential purposes)
a. Any single purpose or mixed type of residential dwellings, including, but not limited to:
detached single family dwellings on conventional subdivision type lots; attached dwellings
such as duplexes and townhouses; "cluster housing," patio homes, atrium homes, "0 - lot
line" homes (with a maximum of one side wall of the dwelling in common with a side property
line), multifamily apartments, flats and condominiums of similar housing types.
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Land Development Code
City of Collevville. Texas
b. Community Facility Uses, as approved by the City (and when intended to serve the
residential development).
c. Agricultural Uses, as approved by the City.
d. Commercial Uses, when a part of a residential development and as allowed in conformance
with the permitted uses and regulations of the "CN - Neighborhood Commercial District;" and
limited in total area to not more than (10) acres. Where the number of dwelling units
proposed in the "PUD-R" district indicates a need for a greater amount of commercial land
acreage than herein allowed, and the applicant desires greater flexibility or more permissive
commercial uses than those contained in the "CN" district regulations, the applicant shall
substantiate and document the need for such additional acreage and/or uses via a market
analysis or other similar method before such additional land acreage or uses are allowed and
approved by the City.
e. Special Exception Uses, as designated for the various residential and commercial zoning
districts in the "ML - Light Manufacturing and Industrial District", may be allowed by the
Commission and Council by right, within a "PUD-R" district, without review and approval by
the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and
locations thereof shall be shown on the site plan and contained in the supporting documents
herein required.
f. Accessory Uses, customarily incidental and secondary to any allowed principal uses allowed
in the respective residential districts or commercial district, with respect to the type of
residential or nonresidential uses proposed in the "PUD-R" district.
2. "PUD-C" Planned Unit Development - Commercial (where the majority of land use is designated
for commercial purposes)
a. Shopping centers, commercial or service centers, office parks, major recreational and
entertainment facilities, and other similar business and commercial centers or facilities when
such uses are in conformance with the various commercial zoning district regulations of this
Chapter. Residential uses similar to those set forth in the "RMF - Multifamily Residential
District."
b. Community Facility Uses, as approved and allowed by the City.
c. Special Exception Uses, as designated for the various commercial zoning districts in the "ML
- Light Manufacturing and Industrial District" may be allowed by right by the Commission and
Council within a "PUD-C" district without review and approval by the Zoning Board of
Adjustment, including any restrictions imposed thereon. The extent and locations thereof
shall be shown on the site plan and contained in the supporting documents herein required.
d. Accessory Uses, customarily incidental and secondary to any allowed principal uses with
respect to the type of uses proposed in the "PUD-C" district.
3. "PUD-I" Planned Unit Development - Industrial (where the majority of land use is designated for
industrial purposes)
a. Single or multi-purpose industrial parks of innovative land utilization allowing for an
appreciable amount of land reserved for open space, generous building setbacks with
landscaped front lawns, and joint usage (where feasible) of parking and storage areas. The
principal uses which may be permitted therein shall be as allowed and in conformance with
the regulations established for the various commercial and industrial zoning districts
elsewhere described in this Chapter.
b. Residential Uses, similar to those set forth in the "RMF - Multifamily Residential District."
c. Community Facility Uses, as allowed and when a part of an industrial or industrial-
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Land Development Code
City of Collevville. Texas
commercial development, as approved by the City; except that public and semi-public
schools, churches, temples, synagogues and other places of worship are discouraged in this
district unless their locations are approved by the City Planning Commission and City Council
due to an overriding need for such use in an industrial area.
d. Special Exception Uses, as designated for the various industrial zoning districts in the "ML -
Light Manufacturing and Industrial District," may be allowed by right by the Commission and
Council within a "PUD-I" district without review and approval by the Zoning Board of
Adjustment, including any restrictions imposed thereon. The extent and locations thereof
shall be shown on the site plan and contained in the supporting documents herein required.
e. Accessory Uses, customarily incidental and secondary to any allowed principal use, with
respect to the type of uses proposed in the "PUD-I" district.
3.23.E PROHIBITED USES
Uses not expressly permitted in the various zoning district regulations of this Chapter are expressly
prohibited in any "PUD" district unless otherwise authorized and approved by the Planning and Zoning
Commission and City Council in conformance with the approving ordinance.
3.23.F OPEN SPACE REQUIREMENTS
In Residential Planned Unit Development districts containing residential uses, common open space
(whether dedicated to public use or owned and maintained in common by all or part of the occupants of
the PUD development through a property owner association) land shall be reserved primarily for the
leisure and recreational use of the project's occupants, and readily accessible thereto. The quantity of
common open space required shall comprise not less than twenty (20%) percent of the project area. Said
open space may be varied downward by the City Planning and Zoning Commission and City Council
when a lesser amount of such open space would be more appropriate to the density of development or
size of families or households proposed in the project, plus the availability and nature of adjacent public
open space. For the purpose of this Chapter, common open space is defined as follows:
1. Common Open Space includes:
Land area of the development accessible to and permanently reserved for the common use and
enjoyment of the occupants of the project for leisure and recreational purposes, for which said
area is not covered by buildings, structures or parking except that recreational facilities and
structures and their accessory uses and related parking may be located within said common open
space as long as their total impervious surfaces (paving, roofs, etc.) do not constitute more than
five (5) percent of the total common open space.
2. Common Open Space does not include:
a. Land areas reserved for the exclusive use and benefit of an individual owner or tenant.
b. Public or private streets, alleys, driveways, parking or loading areas, except as otherwise
allowed in paragraph 1. above.
c. Church or school sites.
d. Other buildings, structures or facilities than those allowed in paragraph 1. above.
e. Utility easements, and drainage easements less than one hundred (100') feet in width.
3.23.G MAXIMUM RESIDENTIAL DENSITY PERMITTED; AND DENSITY INCREASE BONUSES
1. The maximum residential density permitted in any "PUD-R, C and I" district, where residential
uses are proposed, shall not exceed the maximum residential density limits as permitted by the
existing zoning classification in which the PUD district is proposed; except as follows:
Upon the receipt of a zoning petition requesting a higher density within a Planned Unit
Development the Planning and Zoning Commission shall study and make a recommendation to
the City Council setting forth a density for the project identified as 'gross residential density.' The
City Council shall take this recommendation under advisement at its hearing to consider the
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Land Development Code
City of Collevville. Texas
petition.
For the purpose of this regulation, "gross residential density" shall mean the sum total of all
residential land use area(s) of the project, including one-half (1/2) of any abutting streets located
within the boundary of the project.
2. Density Increase Bonuses. In an effort to increase the quality of a residential planned unit
development through the adequate provision of open space, community facilities, recreation
areas and other similar amenities and improvements, the Planning and Zoning Commission and
City Council may approve residential density increases for the amenities listed below and in the
amounts prescribed therefor.
a. Open space reservation shall be considered for residential density increases according to the
following provisions:
i. Each additional one (1) percent (1 acre minimum) of common open space (greater than
the requirement set forth in the "Open Space Requirements") up to a maximum of five (5)
percent of the total project areas, if improved, permits a maximum increase of gross
residential density of six (6) percent of the total number of units allowed on the remaining
balance of the land (after the extra open space is deducted to be used for residential
purposes). If said additional common open space is unimproved, as defined above, the
increase in gross residential density is reduced to one-half (1/2) of six (6) or three (3)
percent.
ii. Land within a designated 1 DO-year flood plain area, conveyed by easement or dedicated
to the City as permanent open space may receive additional density bonuses in the
following amounts:
a) Add four (4) percent to the percentages listed in paragraph (i) above for improved
open space; and three (3) percent for unimproved open space where such land is
dedicated to the City.
b) Add two (2) percent to the percentages listed in paragraph (i) above for improved
open space; and one (1) percent for unimproved open space where such land is
conveyed by easement to the City.
b. Dedication of public school or park sites may be considered cause for density increase when
such sites are of sufficient size and properly located so as to provide a direct benefit to the
community. Up to twenty (20) percent increase in density or floor area ratio, within the
proposed development may be granted by the Planning and Zoning Commission and City
Council where such site dedications conform in general location and size to the City's latest
approved Comprehensive City Plan and School District's general requirements. All
dedications, whether for school or park purposes, shall be made in favor of the City.
c. In no case shall bonus increases exceed fifty (50) percent of the total of all additional bonus
percentages added together for any purposes. All increases shall be taken on the same
initial "gross residential density."
3.23.H GUARANTEE OF COMMON OPEN SPACE
Common open space provided in any "PUD" district shall be guaranteed by a restrictive covenant
describing the open space and its uses, maintenance and improvement running with the land for the
benefit of the occupants, or public, of the PUD development. The applicant for a PUD may file with said
PUD zoning application a draft copy of the proposed covenants which will produce the aforesaid
guarantees and, in particular, will provide for restricting the use of common spaces for the designated
purposes, for general review and approval by the Planning and Zoning Commission. At the time a "final
plat" of the development is filed with the City for approval, the final legal documents regarding the
approved covenants relative to the open space, shall be submitted to the City for approval. In order to
guarantee the preservation and maintenance of the common open space, one of the following methods
Chapter 3 - Land Use
Page 3 - 36
Land Development Code
City of Collevville. Texas
shall be required by the City for City Council approval:
1. It may be conveyed to the City or other public agency which will agree to maintain the common
open space and any permitted buildings, structures or other improvements placed thereon.
2. If the common open space is not conveyed to the City or other public agency, the covenants
governing the use, improvements, and maintenance of the common open space may authorize
the City or other public agency to enforce their provisions.
3. If deeded to a property owners association or trustees thereof, the declaration of covenants and
restrictions which is to govern the association shall include, but not be limited to, the following:
a. Membership must be mandatory for each building or property buyer and any successive
buyer, affected by the common open space.
b. The common open space restrictions must be permanent, and not just for a period of years.
c. The association shall be totally responsible for liability, insurance, local taxes (if assessed),
and the maintenance of the common open space and any improvements thereon.
d. Affected property owners shall pay their pro rata share of all costs associated therewith; any
assessment levied by the association can become a lien on the property.
e. The association must be able to adjust the assessment rate to meet changing needs.
3.23.1 SCREENING AND LANDSCAPE REQUIREMENTS
Requirements and standards for screening of certain residential and non-residential uses in any "PUD"
district shall be required and in conformance with the provisions for "Fences, Free Standing Walls, and
Screening Materials" of this Chapter. Areas within any "PUD" district not used for buildings, roadways,
drives, parking areas and other similar features shall be landscaped with grass, shrubs, trees and other
appropriate vegetative cover, and such shall be maintained in an aesthetic healthy growing condition.
3.23.J ACCESS AND CIRCULA nON
1. Vehicular Access - Principal vehicular access points shall be designed to permit smooth traffic
flow with minimum hazards to vehicular or pedestrian traffic.
2. Emergency Access - Lots or tracts in any "PUD" district which do not abut a public street or alley
shall be provided with an "emergency access easement" dedicated to the City, of not less than
twenty (20) feet in width. Such easement shall be paved with an all weather driving surface, and
with such turning radii and turnarounds at the terminal ends so as to permit the free unobstructed
movement of emergency or City equipment to gain access and egress to the lot or tract. No
obstructions or parking shall be permitted within or allowed to interfere with the full use of such
emergency access easement, and said easement shall be permanently marked or signed to
identify its intended use. The words "Fire Lane" may be used to designate such easement.
3.23.K MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM
BUILDING HEIGHT; AND MAXIMUM LOT COVERAGE
The maximum height, lot width, lot depth, floor-area ratio and lot area, and the minimum off-street parking
and loading requirements for uses proposed shall be established for each Planned Development District,
and such standards and requirements shall comply with or be more restrictive than the standards
established in the following districts for the specified type uses:
GENERAL USE CATEGORY
Maximum Height, Lot Width, Lot Depth, Floor-
Area Ratio or Lot Area and Minimum Off-
Street Parking and Loading Standards Shall
Be Established by the Following Districts
R-MF
C-PO
C-C
Residential
Office
Commercial Services
Chapter 3 - Land Use
Page 3 - 37
Land Development Code
City of Collevville. Texas
~mm Industrial or Manufacturing
M-L
The Planning & Zoning Commission and City Council may alter such requirements when in their opinion
the proposed development density and land use arrangements shown on the site plan would result in a
more innovative siting of buildings and facilities which would improve the usefulness of yard areas and
their relationship to traffic circulation, admittance of light and air to buildings, fire protection and usable
open space.
The average lot size in PUD-R is 16,000 square feet, with a minimum lot size of 13,000 square feet.
Furthermore, the lot frontage may be adjusted to be consistent with adjacent properties on the same
street but shall not be less than 100 feet.
3.23.M OFF-STREET PARKING AND LOADING REQUIREMENTS
Off -street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.23.N SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the "Official Zoning Map" to establish any
PUD-R,C, or I district shall be accompanied by a site plan and supporting documents therefore, in
conformance with the provisions of Chapter 1 - General Provisions of this Land Development Code.
3.23.0 NATURE OF AMENDING ORDINANCE ApPROVING ANY "PUD" DISTRICT ZONING CHANGE
In approving any request for a zoning change for a "PUD" district the City Council shall, upon
recommendation of the Planning and Zoning Commission, incorporate in the amending ordinance
reference to the approved site plan, supporting documents and other conditions or restrictions imposed
on the project by the Commission, including those of the Council. The approval and adoption of the
amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning
Map." However, the zoning change does not constitute recording of a "Final Plat" nor authorize the
issuance of building permits and "certificates of occupancy," until such time as a "Final Plat" and
supporting legal and construction documents have been prepared and submitted for City Council
approval on all or part of the proposed development, in conformance with the platting requirements and
procedures of this Land Development Code.
3.23.P REQUIREMENTS FOR "FINAL PLAT" SUBMISSION FOLLOWING ZONING CHANGE
Within a maximum of six (6) consecutive months, following approval of the "PUD" district zoning change
by the City Council, the applicant shall file with the City Planning and Zoning Commission a "Final Plat"
and necessary supporting documents of all or a part of the PUD district site, in conformance with the
Chapter 8 - Plat Review Procedures of this Land Development Code. At its discretion and for good
cause, the Planning and Zoning Commission may extend for six (6) months the period of filing for the
"Final Plat" upon written request by the applicant. Should the applicant fail to submit a "Final Plat" within
the six (6) month period following City Council approval of the zoning change, or by the termination date
of the filing extension granted by the Planning and Zoning Commission, the Commission may initiate
proceedings under Chapter 1 - General Provisions of this Land Development Code regarding
"Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to
amend the Official Zoning Map by removing all or part of the Planned Unit Development (PUD) from the
Official Zoning Map and placing the area involved in another appropriate zoning district. The City Council
may uphold the Commission's recommendation and proceed to advertise and hold a public hearing
thereon, or may elect to continue the PUD district zoning classification in effect.
3.23.Q COMPLIANCE WITH DEVELOPMENT SCHEDULE
An application for a Planned Unit Development District shall be accompanied by a development schedule
indicating the appropriate date on which construction is expected to begin and the rate of anticipated
development to completion. The development schedule, if adopted and approved by the City Council,
Chapter 3 - Land Use
Page 3 - 38
Land Development Code
City of Collevville. Texas
shall become part of the development plan and shall be adhered to by the owner, developer and his
successors in interest.
The development schedule shall be reviewed annually by the Building Inspector, and he shall report to
the Planning and Zoning Commission the actual development accomplished in the various Planned
Development Districts as compared with the development schedule. The Planning and Zoning
Commission may, if in its opinion the owner or owners of property are failing or have failed to meet the
approved schedule, initiate proceedings under Chapter 1 - General Provisions of this Land Development
Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special
Use Permits," to amend the Official Zoning Map or the Planned Development District by removing all or
part of the Planned Development District from the Official Zoning Map and placing the area involved in
another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission
and for good cause shown by the owner and developer, the City Council may also extend the
development schedule or adopt such new development schedule as may be indicated by the facts and
conditions of the case.
3.23.R EFFECT OF THIS SECTION AND RELATED SUBSECTIONS ON PREVIOUSLY ApPROVED "PUD"
ZONING CHANGES
Previously approved "PUD" amending ordinances to the City's preceding zoning ordinance, including
accompanying site plans and supporting documents thereof, shall remain in full force and effect with
respect to this Chapter and shall not be made to comply with the provisions of this Chapter.
Section 3.24 Schedule of Permitted Uses
The following charts indicate, by symbol, the principal use permitted within each zoning district and the
qualification, if any, for each use within each zoning district and the qualification, if any, for each use.
3.24.A SCHEDULE LEGEND
Symbol
District Classification
Symbol
District Classification
R15
RD
RMF
Agricultural
Residential Estate
Single Family Residential @
40,000 s. f. minimulTIl()t::;i:z:t:lm
entia I @
. minimum lot size
Single Family Residential @
.. ... .... mmm?Q,QQQ::;,J.f!li~if!lLJf!lI()t::;i:z:t:lmm
Single Family Residential @
...... .... ...J~.,QQQ..::;.:...f.....f!l.i..t:l..i..f!l.LJ..f!l..lgt::;i:z:t:l...m
Two Family Residential
, Multifamily Residential
MH
CPO
CN
Mobile Home Residential
Ag
RE
R40
CC1
Village Retail
R30
CC2
R20
CC3
y Commercial
ML
Chapter 3 - Land Use
Page 3 - 39
Land Development Code
City of Collevville. Texas
3.24.B SYMBOLS USED IN TABLE OF PERMITTED USES
1. The following symbols are used in the Table of Permitted Uses:
. - Use permitted by right
S - Use permitted with Special Use Permit (SUP)
2. The following special land use regulations are applicable to certain uses referenced in the Table
of Permitted Uses:
(a) Single family uses may be employed in R-MF Zoning Districts based upon a special use
permit, conditioned upon the submission and approval of a development plan by the city
pursuant to the provisions of this Chapter.
(b) Allowed only when part of an approved planned unit development (PUD) or multifamily
project, and when intended to serve the site occupants and guests thereof.
(c) Excluding non-therapeutic massage parlors.
(d) Excluding outside runs and pens (only pertains to CC2 District).
(e) Outpatient services only.
(f) An SUP required in every zoning district except CN & CC, for sales activity over 9 mo. per
year.
(g) That a certificate of occupancy (c.o.) be obtained prior to occupancy of the premises as a bed
& breakfast. The C.O. shall be obtained after an inspection has determined that the structure
is in compliance with all applicable current codes and ordinances of the City of Colleyville.
Which shall include, but not necessarily be limited to:
1. The structure is structurally sound.
2. There are no clear and present dangers as to fire and fire safety.
3. The plumbing is in compliance with the currently adopted code requirements for the
zoning district in which it is located.
4. The electrical system is in compliance with the currently adopted Electrical Code for the
zoning district in which it is located.
5. Smoke detectors shall be placed in each individual bedroom which is offered for public
use and smoke detectors shall also be placed in any hallway adjacent thereto.
6. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address
and the establishment name.
7. Off-street parking shall be located behind the front building line of the structure and shall
be screened from public view, and shall be provided in the following manner: one space
per bedroom offered for temporary rental in addition to that required for the zoning district
in which it is located.
8. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of
the total floor area of the dwelling.
Also, in order to continue operation:
a. Annual inspections shall be required for each bed and breakfast facility to ensure
ongoing compliance with the requirements of this Section.
b. Food service shall comply with all provisions of the City Code.
c. The structure shall comply with all current City Codes, including, but not limited to
Building Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and
others as may from time to time be adopted.
d. The length of stay for any guest is limited to fifteen (15) consecutive days.
(h) 1. construction shall be of monopole design only; and
2. the distance between the base of the tower and any Agricultural (Ag) or residential district
shall be not less than two (2) times the height of the tower; and
3. the site plan shall meet all other commercial development requirements of the City such
as site plan review, landscaping, setbacks; and
4. a minimum of one paved parking space shall be provided at the site of the structure.
Chapter 3 - Land Use
Page 3 - 40
Land Development Code
City of Collevville. Texas
(i) Home Occupation Uses:
1. No person other than members of the family residing on the premises shall be engaged
in such occupation;
2. The use of the dwelling unit or accessory building for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes by its occupants, and
not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used
in the conduct of the home occupation;
3. There shall be no change in the outside appearance of the building or premises, or other
visible evidence of the conduct of such home occupation other than one sign, not
exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall
of the principal building.
4. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated
by the conduct of such home occupation shall be met off the street on a driveway or other
hard surface all weather area;
5. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the normal senses
of any adjacent or nearby site occupant. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible interference in any
radio or television receivers off the premises, or causes fluctuations in line voltage off the
premises.
6. Home occupation uses and activities shall be limited to the following: seamstress;
accounting; bookkeeping and tax services; notary public; insurance and real estate;
cosmetics and household sundries; private educational, music and dance tutoring; arts,
crafts and home hobby shops; garage, yard and patio sales of short temporary duration;
mail order brokerage; and other similar activities --- but excluding medical and law
offices, beauty shops, pet grooming services, kennels and other such activities.
Chapter 3 - Land Use
Page 3 - 41
Land Development Code
Citv of Colleyville. Texas
Section 24.C - Table of Permitted Uses
Zoning District
m w 010 0 ~Icl~ ~
Land Use Classification .A' rv 'O:t I M N ..... I :!E
..... ... a:: a:: a:: a::ia::,a:: :!E
Residential 24.C.1 I I
Single family home (a) . . i. . . .
. --f-.-'-----f
Two family dwelling i 'i.
-Townho~se-;-;I~~t~r/ ~~Itifamily dwellings 1m' I --1 __:__ _. ·
Mobile home dwelling I' 5 I
_~~~I / mo~:'__ __________ ._ _ _____ _mum .. r- ! -, -~-~----:--"--- r--
~~:;:eS:cC~:~ ;::::t:~n;I:~~~- - --------+i+i+iJ-.Ti~.I. ~ .
____ _ __ ______________________n___________nn_____ __ _______________+__+_ _+_______:___________! ____
Servants or caretakers quarters . . i 5 5 I 5 .
-- Bed &-b;~akf~~tl;dgi~ (g)- .- -------- ---- 5 5 I 5 5 L S 5 i 5 5
Agricultural 24.C.2 j !
Farming & livestock breeding & raising .. I ·
.-----.---,- . -. - ....-... -
Non-commercial swine farming 5
-----..----------------------
Commercial equestrian boarding
stable & school
----------------------------
Private horse stables for domestic use
Roadside fruit, veg. & prod. stands (year rnd)
Educational (privately operated) 24.C.3
Kindergarten, primary & secondary school
---------- ----
Junior and senior colleges and universities
- -- ------..------------------..-----
Vocational, technical and trade schools
Business & professional school
Community Facilities 24.C.4
Government buildings & Parks
- ..... - -------------------.
Golf courses, & community buildings
- - -- ----------- --------------------
Pubic maintenance & storage buildings
,. "________________________n_..___
Telecommunication tower (h)
-------------------
---------------------------------
Solid waste disposal sites
___.._.._________._n_
Cemeteries & mausoleums
.__. _ _.nu___._______.__. __._________.___.
Bus or train passenger terminals
. .-...--..----- ~----------_.__.-
Railroad or motor freight terminals
------ -- _._.-_.-._----------_....__..~._-
Automobile parking lots & garages
-.-.--------.-----------.----.----- ---------.-.--
Transportation vehicle storage yards or garages
Airport, heliport, or helistop
____ _n
Chapter 3 - Land Use
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Page 3 - 42
Land Development Code
City of Collevville, Texas
Section 24.C - Table of Permitted Uses (cont't)
Land Use Classification
Qiz ..... NMI
0..'0 0 0101~
o 0 0 0 ..::
Retail 24.C.5
+ . n ~_n
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-- -O~luo~i:,:.1
Pharmacy ii' e e i el I
Drug store I Ii: + -.! _I
~~t~~~i~;~::::~~: harnware WiD outside diIla~. .1=1......rF 1~ .. ~litiPi-
--.. .._n.....__n_____n. ..n._......_..~ n... .n n..._.+--_~_t__.+n-..~.nn.+--n--'..- ..1... .....,__n_ -n..t-- T.
Jewelry, camera, music - sales and/or repair ! i i! e : e el I
n~I~;iS.~h~pnn~=-===~~-=-~nn_-_-nn .n~~~-T=r In e e e i 1
Commercial greenhouse i I I : e '
-:::~::::ss=----=ff~t -,=-I-=~-r~ll~.
Feed & seed w/outside stor. 1 : 'Imn-n i- I' i Ie'
-~~t~~cy?l~ & j~~nski sa~=~~& repair_~=~=~-n-n_~---rrnin-i-==~_~.. J .1
Vehicle sales w/outside disp. I I ! I
Automobile sales
Convenience store w/o gasoline sales
Convenience store w/gasoline sales
Supermarket I grocery
-----------------------------.---------------------- ------------------
Bakery
Meat & fish market
I Ie ele
-ml-jnnn-T s I s
n i-in Ii
, ieie
S S
Restaurant with drive-in or drive-thru service
Cafe, cafeteria & restaurant
General retail sales
Gasoline service station
S
S
'S
Building materials w/o outside storage
----. "----~---"-,_._..,_._-_..._-_._.._------- --- --- -.--.-------------------.---
Bldg. matI. w/outside stor.
Services I Offices 24.C.6
Barber, beauty salons
___ _____u.._________ ____ _____
Self service laundromat
S e
Funeral home I mortuary
I
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S S S S
S
Dry cleaners (station only)
___..m___.__________'.._______ ____________________________________
Apparel alterations
Health studios (c)
-------------------------_._--~---
Music & dance studios
Chapter 3 - Land Use
Page 3 - 43
Land Development Code
City of Colleyville. Texas
Section 24.C - Table of Permitted Uses (cont'd)
Zoning District
C) wlo 0 o lit) c u..i 0 zl~ N M ...J
land Use Classification <( 0::1~ M N!~ 0:: :::i!E :I: a.. 0,8 0 0 :::i!E
0:: 0:: 0:: 0:: :::i!E 0 0 0
Veterinarian office w/kennels (d) . . . . .
, m__ __ - c----- .-- ---
Interior decorator shop I . . . .
- - __ - ____.0- - --- ---------------------------------.----- --- ---1-- -- .. -
Food catering . .
1------- ------------- --------- -- - un ___0'__"_-- ----- -----
Medical & veterinary clinics (e) . .
- -- - m_
Medical office w/o clinic . . .!.
I -. i
Hospital I .
__ - _________________n______________________________________ ------,- -- ----
General office . . . .
- --
Banks, financial institutions . . . .
-- .-- . .m__
Contractor office wi yard S S
Exterminator shop w/storage . ! S S
1- - - ..- I . ..-
Day care I day nursery S S S,S S S
- -- ---
Pawn shop I .
I ,
Commercial I Service 24.C.7 I ! I
,
Motion picture theater i . .
! 1 - S' ---------
Indoor amusement S
-.
Outdoor amusement S I I IS S S S S
---
Archery & firearm ranges (f) S S
-- - ---------------------------..---------------------------- ------ . -- .... --
Automotive repair & service w/o outside storage S S S
.
Automotive repair & service w/outside storage S
. -
Laundry I dry cleaning plant S S
- - .. ___u_ --.--
Appliance repair shops . .
_m - - -
Plumbing, heat, air condo & electrical trades shops , . .
r-+ ...,----.- --- ---...-
Upholstery, furniture repair . .
I --- - --
Self service storage S S
Industrial 24.C.8 I i ! I
!
Warehouse and distribution I office showroom i i S
______n_______ ----"- -,.,----,-_..' - ! --
Printing and bookbinding I . .
Food packaging and manufacturing i . I S
---........--..-------------------..--- - - ! ---- -- - - --
Research and development labs I . .
. - I
all other manufacturing i S
Table legend
[il Permitted Use
L~! Special Use Permit Required
( ) l.J~~_s~ith ( )-_~ee S~c!iS'>~~.24.B
Chapter 3 - Land Use
Page 3 - 44
Land Development Code
City of Collevville. Texas
3.24.D TEMPORARY USES
1. Construction Office - In all zoning districts, temporary field or construction offices and temporary
building material storage areas used solely for premise construction purposes in connection with
the property on which they are erected or within the same platted subdivision may be permitted
when approved by the Building Official. An application must be submitted for a 'temporary
construction office use" on forms supplied by the Building Official's office and shall include a scale
drawing showing the location and size of the building, all outside storage areas and proposed
construction fencing.
2. Real Estate Sales Office - In all zoning districts, temporary field real estate offices used solely for
the promotion and sale of property on which it is erected or within the same platted subdivision
may be permitted by the Building Official. Such temporary use may be located in a "model home"
or a temporary building within the subdivision. An application for a "temporary real estate -sales
office use" must be submitted on forms supplied by the Building Official's office and shall include
a plat of the subdivision showing the exact location of the proposed sales office and the size of
the building in which the temporary use is located. Not more than two (2) temporary field real
estate offices may be located within any subdivision as such subdivision is described by a final
plat. Any temporary field real estate office in a model home may be maintained for eighteen (18)
months or until certificates of occupancy have been issued for seventy (70%) percent of the lots
within the subdivision, whichever occurs first.
3. Temporary School Classrooms - All zoning districts which allow schools may have temporary
buildings used solely for the purpose of classrooms.
3.24.E SCHEDULE OF DISTRICT REGULATIONS (CONTINUED)
OUTDOOR STORAGE; SCREENING AND HOURS OF OPERATION
(for letter notations, i.e. (D), etc. see District Regulation Notes)
Outdoor Screening Hours Commercial
Zoning Districts Storage Requirements of Building Design
Allowed Adjacent to Operation Standards
Single Familv
CPO Professional Office Commercial No 8' Daytime only 25 pts.
CN Neighborhood Commercial No 8' Daytime only 25 pts.
CC1 Village Retail No 8' 24 hours 30 pts.
CC2 Shopping Center No 8' 24 hours 25 pts.
CC3 Highway Commercial Yes 8' 24 hours 20 pts.
ML Light Manufacturing - Industrial Yes 8' 24 hours 15 pts.
3.24.F DISTRICT REGULATION NOTES
A. Where abutting a lot zoned or used for residential purposes (RE through MH) maximum building
height shall not exceed requirements shown in Figure 1 "Height Zones for Commercial Districts
Adjoining Residential Districts". The roofline within that 50 feet shall have a maximum height of
16' at the eave and the roof design shall be of a residential style.
B. No structure shall be erected in any zoning district in excess of the specified maximum building
height either in the number of stories or feet, whichever is less, unless an exception to said
maximum building height is contained in this Chapter, except as noted in note "C" below.
C. Heights of four (4) stories may be permitted in CC2 (Shopping Center) district if combined with a
Planned Unit Development (PUD).
D. To achieve the "urban village" design, front yards may be varied to as little as 10' from the front
property line if required parking is setback not less than forty feet (40') from the front property line.
E. Where abutting a lot zoned or used for residential purposes (RE through MH) there shall be a
Chapter 3 - Land Use
Page 3 - 45
Land Development Code
City of Colievville. Texas
twenty-five (25') foot side yard.
F. Side or rear yards not required where no windows or other openings for light or entry face the
yard, and not adjacent to single family.
G. No side yard required where no windows or other openings for light or entry face the side yard.
H. Where abutting a lot zoned or used for single family purposes (RE through R 15) commercial or
industrial purposes there shall be a ten (10') foot side yard.
I. Where abutting a lot zoned or used for residential purposes (RE through MH) there shall be a
twenty-five (25') foot rear yard.
J. No rear yard required where no windows or other openings for light or entry face the rear yard.
K. Where abutting a lot zoned or used for single family purposes (RE through R 15) commercial or
industrial purposes there shall be a twenty-five (25') foot rear yard.
L. All regulations may vary when above districts are used as a base district for a PUD.
Chapter 3 - Land Use
Page 3 - 46
Land Development Code
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Page 3.47
Land Development Code
City of Collevville. Texas
Section 3.25 Special Use Permit
A Special Use Permit is intended to authorize uses in particular zoning districts which may not be appropriate
at all locations within the zoning district or would not be appropriate without the imposition of special
requirements and limitations. Upon proper application, the City Council may authorize a Special Use Permit
as allowed in Section 3.24 "Schedule of Permitted Principal Uses". In the Ordinance granting the Special Use
Permit, the City Council may impose such safeguards, requirements and conditions as it deems are
necessary to properly protect any surrounding property, surrounding use or neighborhood character and to
insure the appropriate conduct of the special permitted use."
Section 3.26 Fences, Free Standing Walls, and Screening Materials
3.26.A SCOPE
1. This section is to regulate fences, free standing walls and other screening material in a manner
so as to promote safety, preserve property values, promote the general welfare of the City of
Colleyville, and to enhance the aesthetic quality of the community.
2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a
manner as would endanger the health or safety of the general public.
3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free
standing structures.
3.26.B DEFINITIONS
Perimeter Subdivision FencinQ. A subdivision perimeter fence shall be construed to be any decorative or
security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a
plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 - Definitions of this Land
Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown
on an approved plat thereof, or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF.
3.26.C GENERAL REQUIREMENTS/PROHIBITIONS FOR ALL FENCES AND FREE STANDING WALLS
1. Screening Required in Residential Districts
a. Nonresidential uses in a residential district shall be suitably screened from view of any
adjacent residential lot or dwelling use along the side and rear property lines of such
nonresidential use with screening elements and fences of not less than eight (8) feet in
height. Said screening requirements shall not be mandatory for public schools, parks or
churches, except where active outdoor intensive use area (such as a playground) is adjacent
to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be
adequately screened from view of any residential dwelling or lot or of any other adjacent
public or semi-public land use with screening elements and fences of not less than (8) feet in
height.
b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile
home use abuts a one, two or multifamily use or district, the side and rear property lines of
said multifamily or mobile home use or district shall be suitably screened from view of any
adjacent dissimilar residential dwelling or lot.
c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile
home development, or other nonresidential use permitted in a residential district shall be fully
enclosed by a dense screening element to adequately screen such an area from view of the
surrounding area.
Chapter 3 - Land Use
Page 3 - 48
Land Development Code
City of Collevville. Texas
d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing
material to a maximum of twelve (12) feet.
2. Screening Required in Non-Residential Districts
a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property
lines abutting said residential lot, use or district shall be suitably screened by the
nonresidential use so as to obscure the view from the residential lot, use or district to the
nonresidential use to a height not less than eight (8) feet.
b. Where a district boundary separating a residential district from a nonresidential district is
along a street, and an automobile parking lot or parking area is located in the front yard of the
nonresidential use, then said parking lot or parking area facing the residential lot, use or
district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.
c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable
screening element of not less than six (6) feet in height.
d. In all districts where open storage is permitted and the screening thereof is required, then
such screening shall be provided around the exposed perimeter thereof of not less than six
(6) feet in height.
e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot
or of any other adjacent residential land use.
f. All roof mounted mechanical equipment and parapet wall structural supports shall be
screened from view.
3. Obstruction Prohibited
No fence, screen, free standing wall or other visual barrier shall be so located or placed that it
obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A
visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty
(30) inches above ground level at the property line, except single trees having single trunks,
which are pruned to a height of seven (7) feet above ground level. See Exhibit "3-1 ".
TllI S AREA ItlST IE
KEPT ClEAR AND ~ALl
NOT IE AllOllt D TO
OBSTIaJCT TllE VI El
OF IClTORI ST
J
Exhibit "3-1"
Obstructions Prohibited
4. Twenty-Five (25) Foot Visibility Triangle Required
No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of
motor vehicle drivers approaching any street intersection. At all street intersections, clear vision
shall be maintained across the lot for a distance of twenty-five (25) feet back from the property
corner along both streets. See Exhibit "3-2".
Chapter 3 - Land Use
Page 3 - 49
Land Development Code
City of Collevville. Texas
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Exhibit "3-2"
Visibility Triangle
5. Barbed Wire Prohibited
Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like
material shall be prohibited except as provided below.
Barbed wire fences used in conjunction with permitted agricultural, livestock, and related
activities, or in industrial districts are permitted without restrictions.
Barbed wire strands may be placed on the top of security fences in non-residential districts for the
purpose of security from theft, entry and hazard such as around public utility substations and
uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom
strand lower than six (6) feet from the adjacent grade line.
6. Electrical Fences
Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly
marked at a minimum of twenty-five (25) foot intervals as to the nature thereof.
7. Eight (8) Foot Maximum Height
No fence in a residential district shall exceed eight (8) feet in height above ground level at the
fence line.
8. Property Owners' Responsibility
The construction of a fence or wall on the property line shall not preclude the property owner's
responsibility to maintain and keep the area defined between the extension of the property lines
to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit "3-
3".
CI TY UUET
PlGURR ]
PaoP8ll'l'Y 0WHBIl:' S QSf'ONS 1
Exhibit "3-3"
Property Owner's Responsibility
un aEYtR iNE
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9. Public Property
No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to
protrude over property that the City or the general public has dominion and control over, owns or
Chapter 3 - Land Use
Page 3 - 50
land Development Code
City of Collevville. Texas
has an easement over, under, around or through, except upon drainage and utility easements
which are permitted to be fenced.
10. Floodway Permit Required
The construction of a fence or wall in a floodway as shown on the most recent revision of the
"Floodway - Flood Boundary and Floodway Map" prepared by the Federal Emergency
Management Agency (FEMA) shall require a development permit as currently required in the
City's drainage policies.
11. Swimming Pools
All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4)
feet in height shall completely enclose every swimming pool to be constructed. There shall be no
openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on
horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with
self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool
area must be able to be secured by a combination or keylocking device. A dwelling house,
accessory building, or apartment building may be used as part of such enclosure provided that all
entrances to the swimming pool are equipped with gates as described herein. All fences should
conform to local governmental codes and restrictions.
3.26.D FENCE AND FREE STANDING WALL SETBACK REQUIREMENTS
1. Front Yards
No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-
five (25) percent solid construction shall extend into the required yard on which the home faces
except for perimeter subdivision fences meeting the following requirement:
a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place
concrete, concrete masonry unit, brick, approved wood rail construction, a combination
thereof or other similar material approved by the City Building Official.
b. On a corner lot a house shall be deemed to face on that street on which it has it's least
dimension unless otherwise determined by the Building Official.
2. Corner Side Yards
Except for perimeter subdivision fencing or walls meeting the requirements of paragraph "1.a"
above, fences and walls within a required side yard adjacent to a street right of way shall meet
the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches
(30") in height or greater than 25 percent opaque construction) within a required street side yard
shall be subject to whichever of the following provisions a) through d) shall yield the greatest
setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side
street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from
the property line, except on any lot having either a required side yard less than fifteen (15')
feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall
may be constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall
shall be located not less than fifteen feet (15') from the side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall
shall be located not closer to the side property line than the required front setback of the
adjoining lot; or
d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not
Chapter 3 - land Use
Page 3 - 51
land Development Code
City of Collevville. Texas
closer than fifteen feet (15') from the side property line.
A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches
in height and not greater than twenty-five percent opaque construction) within a required
street side yard shall not be placed less than three feet (3') from the side property line, and
shall not be subject to the provisions of the preceding sections (a) through (d).
3. Adjacent to Undeveloped Property
Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above,
no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25)
percent solid masonry, shall be located less than fifteen (15) feet from the side property line
adjacent to the street which leads into undeveloped property. See Exhibit "3-4".
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CO_U UlTS IACl(IIIG
UP TO PIIJPERTY IIOT
DEYElOPED MIST
"'AIIITAllI A 15'
UIIFEIlCED 51 DE YARD
(DOEs IIOT Am. y 1tI
REAR Y AltD)
15' MIl. F!JJCE SET.
lACK FIlM 'WElTY
LIME ItlEll 11IE
ADJACEIIT LOT MAIItTAIMS
ITS FIlOtIT YAItD 011 THE
STREET THE SU&lECT
LOT lACKS UP TO.
15' Milt. FElICE SETBACK FOR
COllJlER UlTS TltAT IACI U'
TO 51 DE LOT LIliES
Exhibit "3-4"
Typical 15'-0" Fence Setbacks
4. Rear Fence and Free Standing Wall Setbacks
Fences and walls meeting all of the construction requirements of paragraph" 1.a" above and
the Uniform Building Code may be erected on the rear property line except; however, lots
whose rear property line abuts a public street on which one of the immediate adjacent lots
maintains its required front yard, then no fence nor wall greater than thirty (30) inches in
height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit
"3-4".
3.26.E ADMINISTRA nON
1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or
corporation to erect or have erected a fence or any part of a fence of permanent construction in
the city limits without first obtaining a fence permit from the Office of Building Inspections.
2. Application for Permit - Any individual, partnership, company or corporation making application for
a fence permit must sign an application for same showing the following information:
a. Applicants name, address, and in addition, if the applicant represents a company or
corporation, the name and address of the supervisor or foreman of said company or
Chapter 3 - Land Use
Page 3 - 52
land Development Code
City of Collevville. Texas
corporation and the name of its president.
b. Name and owner of the property.
c. Local address where fence is proposed to be erected.
d. Materials and type of fence construction.
e. Height of fence.
f. Applicant shall provide engineering plans and specifications for those types of fences where
such engineering is deemed appropriate by the Building Official. The engineering plans shall
be reviewed and approved by the Building Official prior to issuance of a fence permit.
g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining
or adjacent lots showing existing structures and fences. The proposed fence shall be
delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in
lieu of a survey.
Section 3.27 Accessory Buildings and Residential Carport Regulations
The following regulations shall govern the location, size and use of accessory buildings:
3.27.A ACCESSORY BUILDINGS LOCATED IN RESIDENTIAL ZONING DISTRICTS:
1. Permit Required:
a. A building permit shall be required for an accessory building, which shall only be allowed as
an incidental structure to a primary building unless the accessory building is located in the
Agricultural District.
b. For the purpose of this section, the term accessory building shall include detached residential
garages.
2. Number of Buildings:
No more than one (1) accessory building shall be permitted per lot. One additional accessory
building may be allowed upon approval of a Special Use Permit. The maximum number of
accessory buildings allowed per lot is two (2) buildings.
3. Maximum Size:
a. No accessory building shall be erected, nor shall an existing accessory building be
enlarged, to exceed the maximum size shown in the following table. In addition, the
combined square footage of all accessory buildings shall not exceed the maximum square
footage specified in the following table.
DISTRICT
MAX. SF
AG
2,000 s.f.
ALL OTHER RESIDENTIAL DISTRICTS
900 s.f.
b For the purpose of this section, the size of an accessory building shall be the square footage
of the building footprint.
c. A building may only exceed the maximum size shown in the above table upon approval of a
Special Use Permit (SUP).
Chapter 3 - Land Use
Page 3 - 53
land Development Code
City of Collevville. Texas
4. Setbacks:
a. No accessory building shall be erected in any required yard except as set forth herein.
b. Attached accessory buildings - Accessory buildings erected ten (10) feet or closer to the
main building shall be considered attached, and shall not encroach in any required front, side,
or rear yard established for the applicable zoning district. For the purpose of this regulation,
the distance between buildings shall be measured between the nearest wall surfaces.
c. Detached accessory buildings - A detached accessory building shall not encroach in any
required front, side, or rear yard established for the applicable zoning district unless the
accessory building is located totally within the rear yard, then it shall not be placed closer
than five (5) feet to any side or rear lot line.
5. Maximum Height:
a. No accessory building shall exceed the height of the primary building.
b. When a detached accessory building is located five feet from a side or rear lot line, as
provided herein, the maximum height shall not exceed 8 feet. The height may be increased
at a rate of l' in height for each additional l' of setback as measured from the 5' rear or side
setback line.
6. Permitted Uses:
The use of an accessory building shall be consistent with the permitted uses of the applicable
zoning district, except, no accessory building shall be used for dwelling purposes other than for
domestic servants employed for the premises, where permitted by the district regulations.
3.27.B FOR ACCESSORY BUILDINGS LOCATED IN NONRESIDENTIAL ZONING DISTRICTS:
1. No accessory building shall be erected in any required yard area except as set forth by this
section.
2. No accessory building shall be erected within ten (10) feet of any other building unless such
accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot
be located within fifty (50) feet of another building.
3. Commercial kiosks as accessory uses and/or buildings may be located within approved
nonresidential districts subject to the following conditions:
a. Maximum size of two hundred-fifty (250) square feet.
b. No inside sales or service or drive in sales or service; walk-up and/or drive-up service
permitted.
c. Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other
equivalent material, provided metal material does not exceed twenty-five percent (25%) of the
exterior walls.
d. Located within required setbacks and in conformance with this section.
e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the
property where the kiosk is located and for vehicular traffic ingressing from and egressing to
public rights-of-way.
f. Submission of an acceptable site plan shall be required for consideration of the issuance of a
building permit unless a current valid Certificate of Occupancy exists.
Chapter 3 - Land Use
Page 3 - 54
land Development Code
City of Collevville. Texas
g. Limited to one (1) kiosk per platted plot.
3.27.C RESIDENTIAL CARPORT REGULATIONS
Carports located in zoning districts which permit single family residential dwellings shall comply with the
regulations contained in this section.
1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures
contained in this Chapter of these zoning regulations, the City Council may approve a request for
a Special Use Permit to construct a carport in a zoning district that permits single family
residential dwellings.
2. Carport Standards: A carport shall comply with the following regulations, unless the City Council
in approving a Special Use Permit for a carport has imposed other requirements necessary in the
particular case to protect the public interests.
a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport
shall not exceed 24 feet.
b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be
measured from the finished grade to the highest point of the roof.
c. Setbacks:
i. A carport located within ten (10) feet of the principal building shall comply with the front,
side and rear yard setbacks of the zoning district. The distance shall be measured
between the two closest points of the carport and principal building.
ii. A carport located 10 feet or more from a principal building may extend into a required
side yard, provided all of the following conditions are satisfied:
(1) every part of such carport is unenclosed except for necessary structural supports;
(2) no part of the carport is less than five (5) feet from a side or rear lot line, and
(3) the carport is located completely within the rear yard area as defined in these zoning
regulations.
d. Maximum Number Per Lot: one
e. Paving and Street Access:
The parking area of a carport shall be paved not less than nine feet (9') by eighteen feet (18')
and provide access to a public street right-of-way. Said access shall be a minimum of nine
feet (9') in width and paved. All paved surfaces shall be either concrete, asphalt or pave-
stone.
f. Design Criteria:
i. Roof - Carports shall have a pitched roof of at least 2: 12. Flat roofs shall be prohibited.
ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal
lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25)
percent opaque surfaces. The dimension of each post as viewed from each primary
elevation shall not be less than twelve inches (12") or more than forty-eight inches (48").
Any carport with two or more elevations that exceed the 48-inch criteria shall be
considered an accessory building and be regulated as such. Wooden posts shall be
prohibited.
g. Adequacy of Plans and Specifications:
The applicant requesting a Special Use Permit to construct a carport shall submit plans and
Chapter 3 - Land Use
Page 3 - 55
land Development Code
City of Collevville. Texas
specifications of the proposed carport for review. Said plans and specifications shall contain
sufficient information to allow the City Council to determine that the proposed carport
complies with these regulations and the City Council may require additional information when
necessary to clarify the applicant's request. At a minimum, the drawings shall contain a plot
plan, elevation views and a description of the construction materials.
Section 3.28 Supplementary District Regulations
3.28.A TEMPORARY BUILDINGS
Temporary buildings used in association with temporary uses as provided in this Chapter are allowed. No
temporary building shall be erected or placed in such a manner that it would encroach in any required
front, side or rear yard. No temporary building shall exceed 1,500 square feet in gross building area.
There shall not be more than two (2) temporary real estate offices located in any subdivision as such
subdivision is described by a final plat, whether such real estate offices shall be used for the sale of lots
or of homes. All temporary buildings shall apply for a Certificate of Occupancy issued for an (18) month
time period with a (6) month renewal thereafter based on compliance of the building.
3.28.B ERECTION OF MORE THAN ONE PRINCIPAL BUILDING ON A LOT
In any district, no more than one (1) building housing a permitted or permissible principal use may be
erected on a single lot.
3.28.C BUILDINGS CONSTRUCTED ACROSS LOT LINES
No building may be constructed across existing platted lot lines unless a replat is filed and approved in
accordance with applicable regulations of the city.
3.28.D EXCEPTIONS TO HEIGHT REGULATIONS -
1. Schools, public buildings, and institutions may be erected to a height not exceeding (85) feet in
any district in which they are permitted, provided front and rear yards are increased in depth and
side yards increased in width one (1) foot for each foot of height that the building exceeds the
height regulations of the district in which it is located.
2. The height regulations prescribed elsewhere in this Chapter shall not apply (except as may be
applicable to paragraph d. hereof) to grain elevators, television and radio towers, church spires,
belfries, cupolas, antennas, water tanks, ventilators, chimneys, ornamental towers, monuments,
conveyors, fuel storage tanks, asphalt and concrete batch plant equipment not intended for
human occupancy.
3. Limitations on number of stories shall not apply to buildings used exclusively for manufacturing or
storage purposes provided such buildings do not exceed the height in feet permitted in the district
in which they are located.
4. The permitted height of any occupied building shall be further restricted to the capability of the
local fire fighting equipment to adequately handle any such building height.
5. In CC and ML zoning districts, the City Council may vary the maximum height of a building if the
City Council finds that the location and/or configuration of the building is such that it will conform
to the surrounding area and provide adequate light and air under the circumstances. For each
foot of proposed height over the standard, there shall be a foot increase in the front and rear
yards or as approved by the council. The request for a variance shall be accompanied by a site
plan of the property and an architectural drawing of the proposed building.
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3.28.E PROJECTIONS OF BUILDINGS, STRUCTURES AND ApPURTENANCES INTO REQUIRED YARDS
1. Open or lattice enclosed fire escapes may project into a required yard not to exceed fifteen (15)
feet. The ordinary projections of chimneys and pilasters shall be permitted by the City's Building
Official when placed so as not to obstruct light and ventilation.
2. Terraces, balconies, decks, uncovered porches and ornamental features above the floor level of
the ground (first) story may project into a required side yard, provided these projections be at
least five (5) feet from any adjacent side lot line.
3. An uncovered porch in the front yard may not be more than eighty (80) square feet or project into
the front yard setback for distance of more than eight (8) feet.
4. A porte-cochere or canopy may project into a required side yard, provided every part of such
porte-cochere or canopy is unenclosed except for necessary structural supports, and not less
than five (5) feet from any side lot line.
5. Every part of a required yard shall be open to the sky, unobstructed by a building, except for the
ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve
(12) inches, or as otherwise excepted in paragraph a. through d. above. Roof eaves may project
into required side yards provided the projections be at least five (5) feet from any adjacent side lot
line.
6. Gasoline filling station pumps and pump islands may be located or project into a required yard
provided they are not less than twenty-five (25) feet distant from any street, highway or alley right-
of-way line, and not less than fifty (50) feet distant from any residential property line.
3.28.F MINIMUM WIDTH OF ENCLOSED OR PARTIALLY ENCLOSED OPEN SPACE
Where an open space is more than fifty (50) percent surrounded by a building, the minimum width of the
open space shall be at least twenty (20) feet for one-story and one and a half-story buildings, thirty (30)
feet for two-story buildings, and forty (40) feet for three or more story buildings.
3.28.G BUILDINGS AND STRUCTURES TO HAVE ACCESS
Every building or structure hereafter erected or moved shall be on a lot adjacent to a public street, or with
access to an approved private street, and all structures shall be so located on lots as to provide safe and
convenient access for servicing, fire protection, and required off-street parking.
3.28.H PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT AND VEHICLES
No major recreational equipment shall be parked or stored on any lot in a residential district except in a
carport or enclosed building, or in a required side or rear yard; provided, however, that such equipment
may be parked anywhere on residential premises not to exceed twenty-four (24) hours during loading or
unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked
or stored on a residential lot, except for the temporary housing of guests not to exceed two (2)
consecutive weeks.
For purposes of these regulations, major recreational equipment is defined as including boats
and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on
automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used
for transporting recreational equipment, whether occupied by such equipment or not.
3.28.1 PARKING AND STORAGE OF VEHICLES IN GENERAL
1. One commercial vehicle of not more than one ton capacity, except pick-up trucks, when used in
the employ by the site occupant of a dwelling may be permitted on a residentially zoned lot,
provided said parking space shall be in an enclosed garage, carport, or on an all-weather hard
surface driveway, or in a side or rear yard on an all-weather surfaced driveway. Nothing in this
Chapter shall prohibit the occasional overnight storage or parking of a commercial vehicle on
residential property.
2. Off-street vehicle parking spaces shall not be located within ten (10) feet of existing proposed
major thoroughfare street right-of-way lines in any commercial or industrial district. Such off-
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street parking spaces shall consist of a paved surface, i.e., concrete, HMAC, brick or paving
stone approved by the city building official. All ten (10) foot buffer areas shall be landscaped and
maintained to enhance esthetic qualities.
3. To avoid the unsightly appearance of junked and abandoned vehicles in residential districts, no
vehicles may be parked or stored on a residential premise where visible to any adjacent
residential use, unless a current state vehicle inspection sticker is displayed thereon.
3.28.J FRONT YARD ADJUSTMENTS
Front yard requirements as established in Section 3.24 - Schedule of District Regulations may be
adjusted in the following cases:
1. Where forty (40) percent or more of the frontage on the same side of a street between two
intersecting streets is presently developed or may hereafter be developed with buildings that have
(with a variation of ten (10) feet or less), a front yard greater or lesser in depth than herein
required, new buildings shall not be erected closer to the street than the average front yard so
established by the existing buildings.
2. Where forty (40) percent or more of the frontage on one side of a street between two intersecting
streets is presently developed or may hereafter be developed with buildings that do not have a
front yard as described above, then:
a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of
existing buildings on both sides, the minimum front yard shall be a line drawn between the
two closest front corners of the adjacent building on each side, or
b. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of
an existing building on one side only, such building may be erected as close to the street as
the existing adjacent buildings.
3. Interior lots abutting on two streets shall provide the required front yard on both streets.
4. On corner lots, a front yard shall be provided on each street frontage except for lots of record as
described in this Chapter.
5. Front yard requirements in all districts adjacent to an existing or proposed major thoroughfare or
secondary thoroughfare street, as designated in the City's latest Comprehensive Plan, shall be
measured from such existing or proposed major thoroughfare or secondary thoroughfare street
right-of-way line.
3.28.K SIDE YARD ADJUSTMENTS
Side yard requirements as established in Section 3.24 Schedule of District Regulations may be adjusted
in the following cases:
1. Commercial buildings used in part for dwelling purposes, where permitted, shall provide side
yards not less than five (5) feet in width unless every dwelling unit therein opens directly upon a
front yard, rear yard or court yard-.
2. Whenever a lot of record at the time of the effective date of this Chapter has a width of less than
fifty (50) feet, the side yard on each side of a building may be reduced to a width not less than ten
(10) percent of the width of the lot, but in no instance shall such width be less than four (4) feet.
3. On corner lots of record the yard adjacent to the side street shall not be less than fifteen (15) feet.
4. For commercial or industrial lots abutting a lot zoned CC1, CC2, CC3, CN, CPO or ML, subject to
the approval of the city building official, a zero lot line is permitted on one side, provided a four
hour fire wall is constructed at said zero lot line.
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3.28.L REAR YARD ADJUSTMENTS
Rear yard requirements as established in Section 3.24 - Schedule of District Regulations may be adjusted
in the following case:
1. Where a lot abuts an alley, one-half the alley width may be considered as part of the required rear
yard.
3.28.M LOT AREA PER F AMIL Y ADJUSTMENTS
Lot area per family (dwelling unit) requirements as established in Section 3.24. - Schedule of District
Regulations shall be adjusted in the following cases:
1. Where a lot of record or a lot in a subdivision which the Planning and Zoning Commission and
City Council have officially approved and agreed to accept at the time of the effective date of this
Chapter has less area or width than herein required, in the district in which it is located, said lot
may nonetheless be used for a residential or nonresidential use, whichever is applicable, in the
district in which it is located.
Section 3.29 - Off-Street Parking Requirements
3.29.A PURPOSE AND INTENT
The purpose and intent of these regulations are to secure safety from fire, panic and other dangers; to
lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and
circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of
land. To this end, in all zoned districts, there shall be provided at the time any use is established or
expanded, or any building is erected or structurally altered (except as otherwise provided elsewhere in
this section) minimum off-street parking in conformance with the requirements established herein.
3.29.B LOCATION OF PARKING SPACES
All parking spaces required herein shall be located on the same lot with the building or use served, except
that 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 or more buildings or establishments, the
required spaces may be located and maintained not to exceed three hundred (300) feet from an
institutional or other nonresidential building served.
1. Up to fifty (50) percent of the parking spaces required for theatres, public auditoriums, bowling
alleys, dance halls, night clubs or cafes, and up to one hundred (100) percent of the parking
spaces required for a church or school auditorium, may be provided and used jointly by banks,
offices, retail stores, repair shops, service establishments and similar uses not normally open,
used or operated during the same hours; provided, however, that written agreement thereto is
properly executed and filed as specified below.
2. 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 assuring their retention for such purposes, shall be properly drawn and executed by
the parties concerned, approved as to form and execution by the City Attorney, and shall be filed
with the application for a building permit.
3. No required off-street parking space shall be located within any public highway, street or alley
right-of-way.
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4. No head-in parking from a street will be permitted.
3.29.C COMPUTATION OF PARKING SPACE SIZES AND PARKING AREAS
In computing the minimum size and area of parking spaces and parking areas the following rules shall
govern:
1. Parkinq Space Size - No parking space shall be less than nine (9) feet in width by eighteen (18)
feet in length. Parking space sizes of ten (10) feet by twenty (20) feet are, however, encouraged
where parking turnover rates would be higher than for normal long term low turnover parking lots
and areas.
2. Parkinq Area Size - The minimum amount of parking area (excluding "in garage" space but
including parking space, drives and turnarounds) required per car space for uses permitted in this
Chapter shall be computed as follows:
a. Residential Uses: 300 square feet per space.
b. Non-Residential Uses: 400 square feet per space.
3.29.D TYPE OF PARKING SURFACE REQUIRED
All parking areas required by this Land Development Code shall consist of paved parking area, i.e.,
concrete, Hot Mix Asphaltic Concrete, brick or paving stone, approved by the Building Official.
3.29.E RULES FOR THE COMPUTATION OF THE NUMBER OF PARKING SPACES - IN COMPUTING THE
NUMBER OF PARKING SPACES REQUIRED, 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 construed 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 as determined by the City Planning and Zoning Commission.
4. Whenever a building or use constructed or established after the effective date of this Chapter 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 new total.
Whenever a building or use existing prior to the effective date of this Chapter 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 or joint uses, the parking spaces required shall equal the sum of the
requirements of the various uses computed separately.
3.29.F NUMBER OF OFF-STREET PARKING SPACES REQUIRED
The absolute minimum number of off-street parking spaces required for residential and nonresidential
uses shall be in conformance with the following:
1. Residential Uses:
a. Single Family Detached Dwellings: 2 spaces per dwelling unit exclusive of "In-Garage"
Parking.
b. Single-Family Patio Home, Cluster Home, etc: 2 spaces per dwelling unit.
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c. Duplex Dwelling (over-under or semi-detached): 2 spaces per dwelling unit (total of 4 spaces
required).
d. Mobile Home: 2 spaces per dwelling unit.
e. Multifamily Dwelling (Apartments, Condominiums, Apartment Hotels, etc: 2 spaces per
dwelling unit plus one space for each 5 units.
f. Fraternity or Sorority House: 1 space per each bed.
g. Boarding House or Rooming House: 1 space per each bed or individual sleeping room.
h. Nursing, Rest or Convalescent Home, Home for the Aged, Senior Citizens Apartment
Dwelling, or other similar dwelling or institution: 1 space per each 3 beds or I space per
individual sleeping unit, whichever is greater.
2. Nonresidential Uses:
a. Schools
(1) Elementary: 1 space for each classroom or teaching station, plus 1 additional space for
each 4 seats in any auditorium, gymnasium, or other place of assembly, whichever is
greater.
(2) Junior High/Middle School: Same requirements as for elementary schools.
(3) High School: 1 space for each classroom or teaching station, plus 1 additional space for
each 3 students accommodated in the school.
(4) College or University: Same requirements as for high schools.
(5) Day Care Centers or Kindergarten: 1 space per each 5 pupils accommodated, plus
sufficient space to accommodate off-street circulation for pick-up and delivery of children
by auto.
b. Churches and Places of Worship: 1 space for each 3 seats in the main sanctuary or
auditorium.
c. Other Institutions and Special Uses
(1) Hospital, General Acute Care: I space per each bed.
(2) Hospital, Chronic Care: 1 space per each 3 beds.
(3) Institution for Alcoholic, narcotic or psychiatric patients: 1 space for each 2 employees or
attendants.
(4) Health or Welfare Center: 1 space per each 200 square feet of floor area.
(5) Foster Home: 1 space per each 10 pupils or residents.
(6) Institutions of a Philanthropic Nature: 10 spaces plus I space for each employee.
d. Community Facilities
(1) Art Gallery or Museum: 1 space per each 1,000 square feet of floor area.
b) Library: 2 spaces per each 300 square feet of floor area.
c) Community Center (public or private): 1 space per each 100 square feet of floor area.
d) Meeting Rooms and Places of Public Assembly: 1 space per each 3 seats.
e) Lodge or Fraternal Organization: 1 space per each 200 square feet of floor area.
e. Personal Service and Retail Uses
(1) Personal Service Shop or Establishment: 1 space per each 200 square feet of floor area.
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(2) Mortuary/Funeral Home: 1 space per each 50 square feet of floor area in "slumber
rooms," parlors, and individual service rooms, or 1 space per each 2 seats
accommodated in a chapel area, whichever is greater.
(3) Furniture Stores and Appliance Stores: 1 space per each 400 square feet of floor area.
(4) Gasoline Service Stations: Minimum of 6 spaces.
(5) Retail Stores or Shops: 1 space per each 200 square feet of floor area.
(6) Open (outdoor) Retail Sales: 1 space per each 600 square feet of open site area utilized,
exclusive of buildings.
f. Office, Professional or Financial Uses
(1) Banks, Savings and Loan or other similar financial establishments: 1 space per each 300
square feet of floor area.
(2) Doctor's Offices and Medical Clinics: 1 space per each 150 square feet of floor area.
(3) Veterinarian Offices or Clinics: 1 space per each 300 square feet of floor area.
(4) Offices, General: 1 space per each 300 square feet of floor area.
(5) Dance, Music, Display or Drama Studios: 1 space per each 200 square feet of floor area.
(6) Business, Trade or Craft School: 1 space per each 3 students in attendance at peak time
of day.
g. Transient Lodging Uses
(1) Hotel, Motel, Tourist Court or Dude Ranch: 1 space per each room, unit or guest
accommodation plus specific requirements for restaurants, cocktail lounges, and related
facilities prescribed elsewhere in this section.
(2) Seasonal Camp or Cabin: 1 space per each sleeping unit or cabin.
h. Eating and Drinking Establishments
(1) Restaurant, Cafeteria or Cafe: 1 space per each 3 seats under maximum seating
arrangement, or 1 space per each 100 square feet of floor area, whichever is greater.
(2) Drive-In Eating and Drinking Establishments: 12 spaces plus 1 space per each 50 square
feet of floor area.
(3) Cocktail Lounges, Taverns and Similar Establishments: 1 space per each 100 square
feet of floor area.
i. Social, Recreation and Entertainment Uses
(1) Commercial Amusement Establishments: 1 space per each 100 square feet of floor area.
(2) Bowling Alley: 6 spaces per each bowling lane.
(3) Private Club or Night Club: 1 space per each 100 square feet of floor area.
(4) Theatre: 1 space per each 3 seats.
(5) Country Club: 1 space per each 100 s. f. of floor area, exclusive of locker rooms and
bathhouses.
(6) Recreation Club or Area, Private: 1 space per each 100 square feet of floor area.
(7) Golf Course: 5 spaces per each green.
(8) Dance Hall or Ballroom: 1 space per each 100 square feet of floor area.
(9) Sports Arena, Stadium or Gymnasium: 1 space per each 3 seats or bench seating
spaces.
j. Wholesale, Warehousing, Enclosed Storage, Manufacturing, Processing and Repairing Uses
(1) Wholesale, Warehousing and Enclosed Storage: 1 space per each 2 employees, or 1
space per each 1,000 square feet of floor area, whichever is greater.
(2) Manufacturing, Processing or Repairing: 1 space per each 2 employees, or 1 space per
each 1,000 square feet of floor area, whichever is greater.
(3) Building Materials/Lumber Yard: 1 space per each 1,000 square feet of site area.
(4) Storage Yards for Sand, Gravel or Petroleum Products: 1 space per each 2,000 s. f. of
site area.
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Section 3.30 Off-Street Loading Requirements
3.30.A PURPOSE AND INTENT
The purpose and intent of these regulations are to secure safety from fire, panic and other dangers; to
lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and
circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of
land. To this end, in all zoned districts where applicable, there shall be provided at the time any use is
established or expanded, or any building is erected or structurally altered (except as otherwise provided
elsewhere in this section) minimum off-street loading in conformance with the requirements established
herein.
3.30.B LOCATION OF LOADING SPACES
Off-street loading spaces shall be provided and maintained for all retail, commercial and industrial uses
and structures for receiving and loading merchandise, supplies, and materials within a building or on the
lot or tract adjacent thereto. Such spaces may be adjacent to a public alley or private service drive or
may consist of a truck berth within a building or structure, however no portion of the off-street loading
space shall be located within or extend into any public street, highway or alley right-of-way.
3.30.C COMPUTATION OF OFF-STREET LOADING SPACE SIZES
At least one-half of the required number of off-street loading spaces or truck berths shall have a minimum
dimension of ten (10) feet by fifty (50) feet each and the remaining required spaces or berths shall have a
minimum dimension of ten (10) feet by twenty-five (25) feet each - exclusive of turnaround and
maneuvering space.
3.30.D TYPE OF PARKING SURF ACE REQUIRED FOR LOADING SPACES
All surface areas upon which vehicles and trucks are parked during unloading operations shall consist of
a paved surface, i.e., concrete, HMAC, brick, paving stone, approved by the city building official.
3.30.E RULES FOR THE COMPUTATION OF OFF-STREET LOADING SPACES
1. No building, structure or part thereof used for nonresidential purposes on any "CN" or "CC" district
shall hereafter be enlarged or extended unless off-street loading space is provided in accordance
with the provisions of this section.
2. No building, structure or part thereof used for nonresidential purposes in any "ML" district shall
hereafter be enlarged or extended to provide a gross floor area of 25,000 square feet or more
unless off-street parking is provided in accordance with the provisions of this section.
3.30.F NUMBER OF OFF-STREET LOADING SPACES REQUIRED
The minimum number of off-street loading spaces required shall be in conformance with the following
schedules:
1. Retail, Service (except personal service), Commercial and Industrial Uses
Sq. Ft. of Floor Area
in Buildin or Structure
mmm9 mt().m'~'~~~m.. .
mmm1Q,9QQt()4~!.~~~
?Q,QQQtgm~~'~~~m
1QQ,QQQJ()1~~'~~~m
Each additional 100,000
Minimum Number of Off-Street
Loadin S aces or Berths Re uired
None
1
2
3
1 additional
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2. Office Buildings, Hotels/Motels, Restaurants and Similar Establishments
Sq. Ft. of Floor Area
in Buildin or Structure
.. ................................................Q........t()...............<l:~'~~~mm
m!?Q'QQQt()m1<l:~,~~~m
mmm1!?Q,QQQtC??~~'~~~m
. ...... ...}QQ,QQQm t()m<l:~~'~~~m
................!?QQ,QQQ t()... ...~~~'.~~~mm
Each additional 500,000
Minimum Number of Off-Street
Loadin Spaces or Berths Re uired
None
1
2
3
4
1 additional
Section 3.31 Duties of Administrative Official
3.31.A ADMINISTRATION AND ENFORCEMENT
An Administrative Official designated by the City Manager shall administer and enforce this Chapter.
Said person may be provided with the assistance of such other persons as the City Manager may direct.
If the Administrative Official finds that any of the provisions of this Chapter are being violated, he shall
notify in writing the person responsible for such violations, indicating the nature of the violation and
ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings,
or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural
changes; discontinuance of any illegal work being done, or shall take any other action authorized by this
Chapter to ensure compliance with or to prevent violation of its provisions.
3.31.B BUILDING PERMITS REQUIRED
No building or other structure shall be erected, moved, added to, or structurally altered without a permit
therefor where applicable, and issued by the Administrative Official. No building permit shall be issued by
the Administrative Official except in conformity with the provisions of this Chapter, unless he receives a
written order from the Zoning Board of Adjustment in the form of an administrative review, special
exception, or variance as provided by this Chapter. No building permit shall be issued unless the
property has been platted of record, except that a building permit may be issued for unplatted property
meeting all of the following five criteria:
1. The parcel is a "lot of record" as defined herein; and
2. Right-of-way and easements sufficient for Master Plan roads or drainage/utility facilities exist; and
3. The parcel adjoins an approved public street; and
4. The parcel contains a principal residential use in a residential structure; and
5. The requested construction permit(s) and all construction permits issued for the parcel within the
past three years allow improvements whose combined value does not exceed 50% of the
appraised value of the parcel as shown in the current parcel record of the Tarrant County
Appraisal District.
3.31.C ApPLICATION FOR BUILDING PERMIT
All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing
the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of
buildings already existing, if any, and the location and dimensions of the proposed building or alteration.
The application shall include such other information as lawfully may be required by the Administrative
Official, including existing or proposed building or alteration; existing or proposed uses of the building and
land; the number of families, housekeeping units, or rental units the building is designed to accommodate;
conditions existing on the lot; and such other matters as may be necessary to determine conformance
with, and provide for the enforcement of, this and other city ordinances.
One copy of the plans shall be returned to the applicant by the Administrative Official, after he shall have
marked such copy either as approved or disapproved and attested to same by his signature on such
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copy. The original and one copy of the plans, similarly marked, shall be retained by the Administrative
Official.
3.31.D SITE PLAN ApPROVAL REQUIRED
Where the property is zoned CPO, CN, CC, ML, SU, PUD-C, or PUD-I, a site plan shall be submitted for
review and approval to the Administrative Official prior to the issuance of a building permit. The site plan
referred to herein shall contain the following:
1. The boundary lines and dimensions of the property, existing subdivision lots, available utilities,
easements, roadways, sidewalks, fire lanes, and public rights-of-way.
2. Topography of the property proposed for development in contours of not less than two (2) feet,
together with any proposed grade elevations, if different from existing elevations. If the natural
contour of the land is to be altered or changed in any location on the property more than four (4)
feet then the site plan must provide detailed information on the proposed grading plan. This
information shall include the correlation of the proposed grading plan to the surrounding
properties and the use of surrounding properties, and shall include information indicating the
drainage and line of sight effect the proposed grading plan will have on the surrounding
properties.
3. The 100 year flood plain, water courses, wetlands, drainage areas, and other significant features
including, but not limited to, rock outcroppings and tree groupings.
4. The location and use of all existing and proposed buildings or structures, including all refuse
storage areas, and the minimum distance between buildings. 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 or curb line and/or alley shall be
submitted.
5. Total number of off -street parking and loading spaces in accordance with Section 29 "Off-Street
Parking Requirements", and Section 30 "Off-Street Loading Requirements" of this Chapter.
6. All points of vehicular ingress and egress and circulation within the property. Any special traffic
regulation facilities, proposed or required, to assure the safe function of the circulation plan shall
also be shown.
7. Setbacks, lot coverage, and when relevant, the relationships of the setbacks provided and the
height of any existing or proposed building or structure.
8. The location, size, and arrangement of all outdoor signs, exterior auditory speakers and lighting.
9. A landscape plan prepared in accordance with the requirements of Chapter 4 - Landscaping &
Buffering of this Land Development Code.
10. The location and height of fences or, screen plantings and the type of building materials or
plantings to be used for fencing or screening in accordance with the requirements of Section 26
"Fences, Free Standing Walls, and Screening Materials" of this Chapter.
11. Note a soil erosion control plan for the period during which construction will be taking place.
12. Where multiple types of land uses are proposed, a land use plan delineating the specific areas to
be devoted to various uses shall be required.
13. Vicinity map, north point, scale, name of the development, name of the owner, name of the
planner, total acreage of the project, street address or common description of the property.
Chapter 3 - Land Use
Page 3 - 65
land Development Code
City of Collevville. Texas
14. Current land uses and zoning district of the property and current land uses and zoning districts of
the contiguous properties and buildings on the exterior of the site and within twenty-five (25) feet
of all property lines.
15. The location and size of existing and proposed surface and subsurface drainage facilities.
16. A description of the type of land use that is proposed for the site including it's Standard Industrial
Classification (SIC) Code if there are any chemicals or toxic materials involved.
The Administrative Official may allow all of the foregoing to be contained within a single drawing if in the
opinion of the Administrative official the drawing can be properly evaluated.
3.31.E EXPIRATION OF BUILDING PERMIT
If the work described in any building permit has not begun within (6) calendar months from the date of
issuance thereof, said permit shall expire. It shall be cancelled by the Administrative Official, and written
notice thereof shall be given to the persons affected, together with notice that further work as described in
the cancelled permit shall not proceed unless and until a new building permit has been obtained. Further,
the Administrative Official shall make an inspection of the work each (6) months, and if the work has not
progressed, said permit shall expire.
3.31.F CERTIFICATE OF OCCUPANCY REQUIRED: FOR NEW. ALTERED CHANGES IN USE. OR NON-
CONFORMING USES
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both,
or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in
its use or structure until a certificate of occupancy shall have been issued therefor by the Administrative
Official stating that the proposed use of the principal building or land conforms to the requirements of this
Chapter.
a. No nonconforming building or use shall be maintained, renewed, changed, or extended until a
certificate of occupancy shall have been issued by the Administrative Official. The certificate of
occupancy shall state specifically wherein the nonconforming use differs from the provisions of
the ordinance.
b. No permit for erection, alteration, moving or structural repair of any building shall be issued until
an application has been made for a certificate of occupancy, and the certificate shall be issued in
conformity with the provisions of this Chapter upon completion of the work.
c. A temporary certificate of occupancy may be issued by the Administrative Official for a period not
exceeding (6) months during alterations or partial occupancy of a building pending its completion,
provided that said temporary certificate may include such conditions and safeguards as will
protect the safety of the occupants and the public.
d. The Administrative Official shall maintain a public record of all certificates of occupancy.
e. Failure to obtain a certificate of occupancy shall be a violation of this Chapter and punishable
under Chapter 1 - General Provisions of this Land Development Code.
3.31.F CONSTRUCTION AND USE TO BE PROVIDED IN ApPLICATIONS. PLANS. PERMITS AND
CERTIFICATES OF OCCUPANCY
Building permits or certificates of occupancy issued on the basis of plans and applications approved by
the Administrative Official authorize only the use, arrangement, and construction set forth in such
approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or
construction at variance with that authorized shall be deemed violation of this Chapter, and punishable as
provided by Chapter 1 - General Provisions of this Land Development Code.
Chapter 3 - Land Use
Page 3 - 66
land Development Code
City of Collevville. Texas
Section 3.32 Comprehensive Zoning Ordinance - Zoning Map
This Chapter when read together with the official Zoning Map of the City of Colleyville, Texas, shall constitute
the comprehensive zoning ordinance for the City of Colleyville, Texas.
The Zoning Map, as submitted with Ordinance 0-70-15, revised and updated in 1976, a copy of which is on
file in the City Secretary's office shall remain the official Zoning Map of the City of Colleyville, until a new map
is established in accordance with the provisions contained in this Chapter.
Section 3.33 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
Chapter 3 - Land Use
Page 3 - 67
land Development Code
City of Collevville. Texas
I Chapter 4
Landscaping and Buffering
Printed June 08, 00
Section 4.1 Purpose of This Chapter
The purpose of this Chapter is to establish rules and regulations for the minimum placement of landscaping
materials in certain zoning districts.
Section 4.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 - General
Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt
ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce
of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of
Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the
Constitution or the laws of the State of Texas.
Section 4.3 Applicability of This Chapter
The provisions of this Chapter shall be applicable as follows:
1. For all new construction; or,
2. When an existing building is proposed for remodeling, alteration, addition, or expansion, and the
proposed construction value exceeds fifty (50%) percent of the current appraised value of the existing
structures, excluding the value of the land; or,
3. When an existing building is proposed for an addition that will increase the square footage of the
existing building by twenty (20%) percent or greater; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit Development.
5. For purpose of this regulation, the value shall be that shown on the most recent tax roll of the Tarrant
Appraisal District.
Section 4.4 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 of this Land Development Code.
Section 4.5 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
Section 4.6 Required Landscaping
For zoning districts "CPO, CN, CC1, CC2, CC3, ML, PUD-C, PUD-I" and institutional uses including churches,
schools and governmental facilities.
Chapter 4- Landscaping & Buffering
Page 4 - 1
land Development Code
City of Collevville. Texas
1. Intent -The intent of this ordinance is that landscaping shall not be limited to only the application of
turf or grass; but landscaping shall include the coordinated planting (or retention) of grass, shrubs,
ground cover, flowering plants, and trees and the grading or moving of earth to form a visually
aesthetic and pleasing environment. The review of all site plans will consider the applicant's efforts in
coordinating a variety of plant materials with the physical features of the property.
2. Landscapinq Completed Prior to Issuance of Certificate of Occupancy - All landscaping shall be
installed prior to the issuance of a Certificate of Occupancy. A permanent Certificate of Occupancy
will be issued only when it is determined by the building official that all landscaping has been installed
in accordance with the approved landscape plan. If it is determined, by the Building Official that
planting of live material is hindered by adverse weather conditions, a temporary Certificate of
Occupancy may be issued for a period up to three months.
3. Required Landscape Mixture - Twenty percent (20% of the total land area in any proposed,
development shall be, landscaped. At least fifty percent (50%) of the total landscaped area shall be
located in the street yard(s) (Exhibit "4-A"). In order to insure for a variety of plant materials the
following minimum requirements for grass, shrubs, and trees shall be provided:
a. All ground surfaces not used for buildings, sidewalks, roadways or other impermeable surfaces
shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or
appropriate mulching.
b. Shrubs: Shrubs shall be provided such that one 18" in height plant or five (5) gallon plant shall be
planted on-site for each five (5) lineal feet of public street rights-of-way located adjacent to the
property.
c. Trees: Landscaping shall include the retention or planting of one (1) three (3) inch caliper tree per
each forty (40) feet of street frontage on collector streets, or larger, as shown on the
Thoroughfare Plan, which shall be included in the twenty (20) percent required landscaping.
These trees to be planted on the street frontage.
d. Landscape Plans Required: Prior to the issuance of a building permit for any non-residential use,
a Landscape Plan shall be submitted, as an element of the required site plan, to the City Manager
or his appointed designee. The City Manager or his appointed designee, which may be either a
staff member or other official body of the City, shall review such plans and shall approve same if
the plans are in accordance with the criteria of these regulations. If the plans are not in
accordance, they shall be disapproved and shall be accompanied by a written statement setting
forth the changes necessary for compliance.
e. Content of Landscaping Plans: Landscaping Plans shall be prepared by a Texas Licensed
landscape architect. Landscape Plans shall contain the following information:
1. minimum scale of one inch equals 40 feet except as approved by the City Manager or his
approved designee;
2. location of all trees to be preserved;
3. location of all plants and landscaping material to be used including paving, benches, screens,
fountains, statues, or other landscape features;
4. species of all plant material to be used;
5. size of all plant material to be used;
6. quantity and spacing of plant material where appropriate;
7. a general layout and description of irrigation, sprinkler or water systems, including placement
of water sources as designed by a licensed irrigator;
8. description of maintenance provisions for the Landscape Plan;
9. all Landscape Plans to be sealed by a Texas Licensed Landscape Architect;
10. provide planting and irrigation specifications as part of the Landscape Plan;
11. provide name and address of the owner, location of the subject property, surrounding zoning,
utility lines, water mains and easements, public or private streets and drives;
12. provide a general grading and drainage plan.
Chapter 4- Landscaping & Buffering
Page 4 - 2
land Development Code
City of Collevville. Texas
f. Description of Planting Material: Landscape plant material may be selected from the following list,
however the applicant may use other plant material not listed if it is determined to be an
appropriate and functional element of the landscape plan.
1. Overstorv Trees (Ranqe from 30 to 60 feet)
Common Name
E?ClI~ C press
Cedar Elm
Lacebark Elm
Pecan
Chinese Pistache
.....m.................................................................................................
E?~T<?Cl~,9L/El~c;L/~!!!~(;~C?c;~ry?~
'3~~qCl~m.Quercus shurnardii
...m~'!!.~t'!t~.~.~..........m..mm..m+~i.qL/icj~!!!e.~f..~.ty~~c;it!~..L/......
~Tt'!~~~~~. Frc:l~i~~~pE:!rlrly~lyC3rliC;c:lm
Live Oak Quercus virginiana
Botanical Name
Taxodiurn distich urn
us crassifolia
Common Name Botanical Name
Western drurnrnondii
Post Oak Quercus stallata
Black Jack Oak Quercus marilandica
Eastern Red Cedar ir9i~iCl.~.Cl
~()~~~t'!r.~I'1lCl9~()liClmm g ra n d if) ora
~ICl~~pi~~ lIiotii
m~ClPCl~t'!~t'!m~ICl ck ~m~~~~~t'!T9.i
m~~~!r.iCl~mpi~t'! . .mmmm.. .fJi~~~m~i9rC3
Afgan pine Pinus eldarica
2. Accent Trees (Ranqe from 10 to 20 feet)
Common Name I Botanical Name
Redbud Cercis canadensis
.................................................................................................w......
C ra pe myrtlem.~~f)f1f!.~t.~C?e...!!!i~J'!cj!c;~m
Yaupon hoIIYmm.J/ex vornitoria
Bradford pear.mmmmmmmm_E:.L/'!!~(;~IIf!.ry~f)c:l
T exas sophora.,~C?P~()fc:l~f!i.f)i~m
Wild plum 1 Prunus arnericana
Common Name Botanical Name
<::rCl~ClPplt'!m Ma/us.~L/flL/~titoJi~.m
mPt'!c;i~~()us holly //lex decidua
Flameleaf sumacl3.~L/~c;C?P~lIi'!~mm
C h e rry-I a u rel...mm ...F~L/f)L/~C;c:l(()Jif)ic:l'!c:lm
Chase tree mm.l \!JtEl><.~f)f!L/~~c;~~tL/~m
3. Shrubs (Ranqe from 3 to 5 feet)
Common Name
Dwarf crape myrtly
Dwarf buford holly
Dwarf Chinese
Dwarf
Fraser's
Purple sage
Chapter 4- Landscaping & Buffering
Botanical Name
Langerstoemia indica
nana
//lex com uta 'barfordii
Nana'
//lex comuta 'rotunda'
//lex vornitoria 'nanal'
Photinia Fraseri
Leucophyllurn frutescens
Common Name
Purple leaf japanese
~C3r~t'!Try .
Pampus grass
Botanical Name
Berberis thumbergii
'atropurpurea'
Cortaderia selloana
Nandina
m~~~ip~rm
m~()~~tCli~m9Ta.~~
Nandina dornestica
.............................................................................................................................
mmmi~L/f)iPf!.~L/~c;~i'!f!.f)~!~~pp
1 Penniseturn spp
................................... ..............................................................................
Page 4 - 3
land Development Code
City of Collevville. Texas
4. Ground Cover (Ranqes from 18 inches)
Common Name I Botanical Name
J u n i per su pp 'mm,~lJf1JPf!~U.~~C!rj~()f!tE:!li~cJ.C!~P~o.c.lJf!!I:Jf!'!~m
J=)~~i~irl~I~;Y!'!c.C}r!1C}jo.~m
Man key C3.r.t:i.~.~.........mmm ......................................, ..yrjC!P~r!1I!~c.E:!rjE:!.~PPm
As ia n j as mine. ......m .m'TEC}c.~~!C!~p~'!!'/I!'!E:!~!C}tic.u.r!1m
gO'rt!~9~~'!:~~~ta.:r.~t:i~rT"Iirl~.!fC}c.~~!C!s.Pf!'!!'/I!'!jE:!~r!1!'!()JcJ.~~m
Monkey grass OP hipogon
5. Vines
Common Name Botanical Name
mgo.~a.:I~(?rl~ysuckle Lon icer.!"I~~'!.lp~ryiE~rt~m
mgt:iro Ii na ymf!/~f!r!1!I!r!1s.f!r!1P~~
Lady banksia rosem...........,......Rosa baksiae
grC!~~yirt~,E?!~'!C!'!!E:!c.a.:P~C!!a.:!cL
.....~.~~~t.'!:lJ.t.lJ.rt:1.rt...<::I~rT"Ia.:~i.~......................, ..q/~r!1a.:.!!~...pE:!'!ic.l!!a.:.!E:!.......
Vi rg i n i a creepe rm'E'.E:!'!~f!'!(?c.ia.:~~u.~s.ql!!'!gl!f!t()Ha.m
Boston ivy i Parthenociassus tricuspidata
6. Perennial and Annual Flowers
Common Name Botanical Name
Ch rysanthemumq~rys.E:!'.!!~f!r!1I!r!1m~pp
gt:irtrla.:;gE:!'!'!a.Il.~'!f!~a.I!s.
go.PP~r..I~t:ifm : Acal 0 ha Wilkesiana
Periwinkle us roseus
Iris Iris supp.
Lantana
Daffodil
Lantana Camera
Narcissus Jonquil,
Tazetta, & King Alfred
Common Name Botanical Name
Petunia Petunia hYI:J~!cJ.E:!
m~t:ir.i.9.o.I9m . !f!~m~PP
TlJliPT.u.!ipa.:~PP
Zinnia .......................... mm mm ........... mm?J'!'!iC!~pp
Caladium Caladium hortulanum
mj'c.a.'!cJ.icJ.u.r!1''pi'!~I:J~E:!u.ty'm
~c.>~~r.()~~(?rp()rt.lJlt:i<::'!: m..J..F>.C!'!I!!a.c.'!9a.:'!cJ.i~C!~C}m
Wild Flowers
g. Landscaping Credit: Landscape credits may be applied to the overall landscape requirement,
as indicated in Section 4.5 Required Landscape Mixture. However, in no instance shall the
credits reduce the total amount of landscaping on a lot to less than fifteen (15) percent of the
total land area. Credits will only be allowed if they are maintained as a permanent element of
the landscape plan. Credits may be obtained as follows:
1. For each two (2) square foot of area that is landscaped in the public street right-of-way,
one (1) square foot of landscape credit will be applied to the overall landscaping
requirement.
2. For each one (1) square foot of area that is landscaped with flowering seasonal color, two
(2) square foot of landscape credit will be applied to the overall landscaping requirement.
3. Over and above the required shrub planting, for each newly planted shrub 18" in height or
contained in a five (5) gallon container, which is maintained in a living and growing
condition, fifteen (15) square feet of landscape credit will be applied to the overall
landscape requirement.
Chapter 4- Landscaping & Buffering
Page 4 - 4
land Development Code
City of Collevville. Texas
4. Over and above the required tree planting, for each newly planted or existing tree of at
least three (3) inches in trunk diameter, measured twelve (12) inches above grade, which
is maintained in a living and growing condition, one hundred (100) square feet of
landscape credit will be applied to the overall landscape requirement. Planting of two (2)
ornamental trees of eight (8) feet in height shall receive the same landscape credit as
one (1) three (3) inch caliper tree.
5. Over and above the required tree planting, for each newly planted or existing tree of at
least six (6) inches in trunk diameter, measured twelve (12) inches above grade, which is
maintained in a living and growing condition, two hundred fifty (250) square feet of
landscape credit will be applied to the overall landscape requirement. Each additional
one (1) inch diameter of tree over twelve (12) inches shall receive twenty (20) square feet
of landscape credit.
h. Maintenance of Landscaping: All landscaping maintenance shall be the responsibility of the
property owner. The following minimum standards shall be required:
1. All landscaping shall be permanently maintained and shall have an underground irrigation
system installed by a licensed irrigator and must meet all applicable requirements of the
City.
2. Irrigation systems may be buried on public street rights-of-way. The City or any
franchised utility will not be responsible for damage to any landscaping material or
equipment while performing repairs of maintenance to its system. However, landscaped
right-of-ways shall be irrigated;
3. Landscaped areas shall be kept free of trash, litter, weeds and other such material or
plants not a part of the landscaping;
4. All plant materials shall be maintained in a healthy and growing condition as is
appropriate for the season of the year; and
5. Plant materials which die shall be replaced with plant material of similar variety and size
within a six (6) month period.
i. Landscaping of Parking Lots: it is the intent of this section to encourage design and
construction of parking areas in a manner whereby areas within the parking lot are
landscaped as well as areas considered unusable for parking or maneuvering space. The
following minimum requirements shall be observed:
1. Parking lots shall contain a minimum of one hundred forty (140) square feet of
landscaped island per each eighteen (18) contiguous parking spaces required. This
landscape island is to include one (1) three (3) inch caliper tree.
2. Landscaped islands shall be irrigated by an underground system as indicated in
Paragraph h - Maintenance of Landscaping. Irrigation of all landscaped areas adjacent
to any parking and/or driving surfaces shall be accomplished such that a minimum
amount of water is applied to parking and/or driving surfaces.
3. All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to
parking lots shall be set back three (3) feet from any curb and that provides for "head-in"
automobile parking (Exhibit "4-B").
4. Landscape material in parking lots shall include shrubs and trees or a combination
thereof, which in turn may be planted with a combination of grass, ground cover, and/or
flowering plants.
5. All landscaping within the parking lot shall be located within a landscape island or
module, delineated from the surrounding paved area by a curb or barrier, constructed of
Chapter 4- Landscaping & Buffering
Page 4 - 5
land Development Code
City of Collevville. Texas
masonry or concrete, of not less than six (6) inches in height around the perimeter of the
island or module.
6. At least three-fourths (3/4) of the tree drip line area must be in permeable area (See
Exhibit "4-C").
7. For larger existing trees located in the parking area, which are being retained and
incorporated into the landscape plan, an appropriate aeration system or an alternative
method of protecting the tree must be provided and detailed in the landscape plan.
j. Landscaping Adjacent to Residential Districts: For any development in "C-PO", "CN", "CC1",
"CC2", "CC3", "ML", "PUD-C", "PUD-I" and institutional uses including, churches, schools,
and governmental facilities which includes all zoning except residential districts and "AG"
used for residential and pure agricultural uses, zoning districts which abut districts zoned
residential or mobile home there shall be a minimum twenty (20) foot wide green belt of "live
plant material of the evergreen variety" which is expected to grow to six (6) feet height in two
(2) years, a minimum of three (3) feet in height at the time of installation and planted on six
(6) foot centers, for the entire distance along which the development abuts the residential
district. Where a fire lane is required, the green belt may be reduced to five (5) feet (Exhibit
"4-C").
k. Conflict With Traffic: Landscape planting shall not be erected or installed in such a manner as
to interfere with traffic view or impose a safety hazard.
I. Special Permits; Appeals; Exceptions: Any person aggrieved by this ordinance may appeal
its effect to the Zoning Board of Adjustment on the basis of hardship.
m. Existing Non-Conforming Uses and/or Structures: All uses that are in existence at the time of
this Landscape ordinance, which do not meet the requirements provided herein, will be
considered as being nonconforming to these landscape requirements. These nonconforming
uses/structures will be subject to the non-conforming provisions of Chapter 3 - Land Use of
this Land Development Code, unless otherwise provided for in this Section. A variance to
landscaping requirements may be granted, regardless of areas of noncompliance, upon
completion of the following:
1. Provide the City Manager or his appointed designee with a landscape plan prepared by
the landscape architect for review and approval.
2. Said landscape plan will illustrate a plan to landscape area as available, provide for
irrigation, and provide for completing the plan.
3. The installation of landscaping as indicated by the landscape plan is completed and
approved by the city manager or his appointed designee.
Section 4.7 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
Chapter 4- Landscaping & Buffering
Page 4 - 6
land Development Code
City of Collevville. Texas
so~ otlandseape square footage requirement to occur in "street yard"
Parkin& Lot
Commercial
Bld&.
.."" '.0]
'\ '"'''''' ~_. M ....~, ~,
Protected ...here posslbte
Exhibit "4-A" - Street Yard Landscaping Requirements
3'
Exhibit "4-8"
Landscape Requirement for Head-in Parking
3r. of D~;p\i~ A~.... Tl:> b. Loa"'.!
wllhl..hlandahdlrrleallollS1SUttI
DrlpllncArea
Exhibit "4-C"
Description of Dripline
Chapter 4- Landscaping & Buffering
Page 4 - 7
_"~_____.__,.__..~_.e-~ww"--- --
land Development Code
Fen~
RESIDENTIAL
..t..UIll........
Fence
"-
RESIDENTIAL
.-
...oJ...
."'~-
.....-to.:o_
..J~.a-
~-~.,...-t'>'_ /Trees of Shrubs Planted in Landscape Buffer
"'. ~;;,._ Area Shall be Evergreen Variety
-ec;i...:....G. o$I......~,."..,.
-SO.... J ~c'fo"'.
::~7~;~"
..~~~ -.W'$o""-.
_...t ~~~~_
....J~....,. ~
....S"-, ....--
.~:~_ /FireLane
." -
.-..~- ~ t t...~~-
.....u........ ..n 1-...0.-.
5' Landscape Buffer
wI EvergreeD Planting
@ six (6) fL spacinl:
20' Provided for Emergency or Fire Lane
Acccu to Rear aDd Side of Structure
City of Collevville. Texas
Commucial
Building
(Max. 25' in
Height)
Commercial
Building
(Max. 25' in
Height)
25' Setbac:k Required at LocatioDs where
e.po, eN, c.e, M.L Distric:u Abut Residential Districts
Exhibit "4-0"
Rear and Side Landscape Buffer Requirements
With Fire Lane Provided
./..v..v...
",..-
.'~-
.-..~.~-
~~____ Trees of Shrubs Planted in Landscape Buffer
.... ~;-;"/Area Shall be Evergreen Variety
~~ ~...........-.... oJ-
_..-- J :;..("......-.
::~~-;~..
.-..-to.:o_ ~';;'....
. ~-
-- -~~..~
.J _
....'t':o_.f
..J~...l _~
."'-_...~
;:l~~
~oUI~ ...:t. ..)oIUoUl~ ..lIN ..",llUlb.JW...v. u(~oUI.JW..v. .."'UoUl~ ..-
20' Landscape Buffer .,,/ Evergreen Planting @ six (6) f1. spacing
25' Setback Required at Locations ."here
C-PO, CN, C.C, M-L Districts Abut Residential Districts
Exhibit "4-E"
Rear and Side Landscape Buffer Requirement
Without Fire Lane Provided
Chapter 4- Landscaping & Buffering
Page 4 - 8
Land Develooment Code
Citv of Collevville, Texas
Chapter 5
Tree Preservation
22, 00
Section 5.1 Purpose of This Chapter
The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural
areas; to protect trees during construction; to facilitate site design and construction which contribute to the
long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent
of this Chapter to achieve the following broader objectives:
Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City.
Protect and increase the value of residential and commercial properties within the City.
Prohibit the indiscriminate clear cutting of property.
Section 5.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 - General
Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt
ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce
of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of
Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the
Constitution or the laws of the State of Texas.
Section 5.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 5.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
Section 5.5 Tree Removal Permit
No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through
damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first
obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter.
Section 5.6 Applicability
The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows:
A. Properties which are regulated by this Chapter:
Chapter 5 - Tree Preservation
Page 5 - 1
Land Deve/ooment Code
Citv of Collewi/le, Texas
1. Any real property upon which any designated tree is located.
2. Any property for which a final plat has not been submitted on the date of this Chapter.
3. Any property for which construction plans have not been submitted on the effective date of this
Chapter.
4. All municipal/public domain property.
B. The following persons are exempt from the provisions of this Chapter only to the extent of their
control over the particular class of properties and trees described below. Persons exempt from the
provisions shall not be required to obtain tree removal permits in the circumstances described.
1. An employee of a public utility or an authorized contractor working in a dedicated public right-of
way may in the course of business, remove or prune that portion of a tree which prohibits the safe
construction, repair or maintenance of a service line or facility.
2. The resident of a single family home may remove all or a portion of a tree which exists on the lot
of record on which the single family home is built.
3. A property owner or his authorized contractor, employee or tenant may remove a tree which has
become severely diseased or damaged to the extent that it is beyond the point of recovery or is in
danger of falling, as determined by the Administrative Official.
4. All landscape nurserymen shall be exempt from the terms and provisions of this section only in
relation to those trees planted and growing on the nursery premises which are planted and grown
for the sale or intended sale to the general public.
5. Any person may remove all or a portion of a tree which has disrupted a public utility service due
to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to
safely restore normal utility service.
C. The following persons shall be exempt from the tree replacement provisions of this Chapter.
However, such persons shall provide tree protection and replacements as per this Chapter for all
remaining trees in nonexempt areas.
1. A person performing work authorized by a building permit in the residential buildable area.
2. A person performing work authorized by an approved site plan in the commercial building
footprint.
3. A person performing work authorized by the approved grading and drainage plan in the
residential setback envelope.
4. An employee of a public utility or a person performing work authorized by an approved
subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage
or utility easement.
Section 5.7 Approval Process and Administrative Procedures
The Administrative Official is responsible for the review and approval or disapproval of all requests for tree
removal permits. The request shall be submitted in accordance with the requirements specified herein.
A. Residential Subdivisions: The Administrative Official shall determine from a review of subdivision tree
surveys, grading and drainage plans the following:
1. The trees outside of the exempted areas of the right-of-way, easement and residential setback
envelope which are slated for removal.
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Land Development Code
City of Collevville, Texas
2. The extent of tree replacement in accordance with these regulations.
The Planning and Zoning Commission may evaluate whether an alternate street layout and grading
plan which complies with all City subdivision standards would result in substantially greater tree
preservation. In the event such an alternate layout is determined by the Commission to be a
reasonable use of the land then the applicant may substitute said alternative plan without being
required to submit a new Preliminary Plat application. if, however, the applicant does not substitute
said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so
shall be a basis for denial of the applicant's application.
Approval of the construction drawings by the Director of Public Services shall constitute approval of a
tree removal_permit for the street and utility construction phase of the subdivision.
B. Platted Residential Lots: The Administrative Official shall review building permits for platted lots and
determine the following:
1. The trees outside of the exempted buildable area which are slated for removal.
2. The extent of tree replacement in accordance with these regulations.
No building permit shall be issued unless the applicant signs an application or permit request which
states that all construction activities shall meet the requirements of the tree preservation regulations.
C. Platted Commercial Lots: The Administrative Official shall review building permits for commercial lots
and determine the following:
1. The trees outside of the exempted commercial building footprint which are slated for removal.
2. The extent of tree replacement in accordance with these regulations.
If the tree removal permit application is made in conjunction with a site plan submitted for approval,
the application will be considered as part of the site plan and no permit shall be issued without site
plan approval.
D. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal
permit may be appealed by any party to the Planning and Zoning Commission. All actions of the
Commission shall be final.
E. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan
and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for
tree removal not issued in connection with a building permit, subdivision or a site plan shall become
void ninety (90) days after the issue date on the permit.
Section 5.8 Submittal Requirements
The Administrative Official shall establish administrative procedures necessary to facilitate the implementation
and enforcement of this Chapter. These procedures shall include the following:
A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to
the removal of any tree.
B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of
Colleyville in the amount established by the schedule of fees approved by the City Council.
C. An application involving a limited portion of a site may be based on an exhibit showing only that
portion of the site.
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Land Deve/ooment Code
City of Collevville. Texas
D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large
scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the
Administrative Official.
E. The items required on a submitted exhibit:
1. Title Block: includes street address; legal description (lot and block, subdivision name); date or
revised date, north arrow; graphic (and written) scale; name, address, telephone number of
owner and of person preparing the exhibit.
2. Location of all existing or proposed structures, improvements and site uses including pavement
and landscaping, setback, easements and service connections, all properly dimensioned and
referenced to property lines,
3. Existing and proposed site elevations, grades and major contours. Construction details of
permanent grade changes around all trees.
4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees
to remain and those to be removed. A plus (+) character shall indicate trunk location and
concentric circle shall indicate the size and canopy configuration.
5. Proposed general areas or locations of the replacement trees.
F. Tree information required shall be summarized in legend form on the plan and shall include:
1. The list of trees to be removed.
2. The total diameter of trees to be removed.
3. Replacement trees listed by species name, quantity, size and total diameter required for
replacement of trees. (See Section 5.13 for replacement tree list.)
G. Tree protection notes and details shall be included on site plans, subdivision plans or landscape
plans and always included with the bid documents given to the contractor. (See Section 5.14)
Section 5.9 Tree Replacement Requirements
In the event that it is necessary to remove a tree which is three inches (3") or greater via permit approval, the
applicant, as a condition to issuance of a tree removal permit, shall be required to replace the trees being
removed with quality trees as defined herein. This mitigative measure is not meant to supplant good site
planning. Tree replacement will be considered only after all design alternatives which could save more
existing trees have been evaluated.
A. A sufficient number and diameter of replacement trees shall be planted in order to equal the total
diameter inches or fraction thereof of trees three inches (3") or greater and slated for removal.
B. Replacement trees shall be a minimum of three inches (3") diameter when measured one foot (1')
above the soil line and a minimum of eight feet (8') in height when planted.
Examples-
1. A total of 18" diameter to be removed shall be replaced with 6 - 3" diameter trees.
2. A total of 19" diameter to be removed shall be replaced with 7 - 3" trees or 5 - 3", trees and 1-4"
tree.
C. All replacement trees shall be guaranteed for one year from the date of the final inspection and
acceptance of the project.
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Page 5 - 4
Land Development Code
City of Collevville, Texas
Section 5.10 Tree Protection
A major purpose of this Chapter is to protect all trees which are not removed and to allow approved
construction to occur. The following procedures shall apply to all types of construction projects which
involve development around trees.
The following procedures are deemed appropriate in the situations noted; however, unique circumstances
may allow modifications if deemed necessary by the Administrative Official.
A. Prohibited Activities: The following activities shall be prohibited with the limits of the drip line of any
tree which is subject to the requirements of this Chapter.
1. Material Storage: No materials intended for use in construction or waste materials accumulated
due to excavation or demolition shall be placed within the limits of the drip line of any tree.
2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids deposited
within the limits of the dripline of a tree. This would include but not be limited to, paint, oil,
solvents, asphalt, concrete, mortar or other materials.
3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature
shall be attached to any tree.
4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the
limits of the dripline of trees.
B. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red
vinyl tape wrapped around the main trunk at a height of four feet (4') or more such that the tape is
visible to workers on foot or driving equipment.
2. Protective Fencing: All trees shall have protective fencing located at the tree's drip line. The
protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain
link fence or other similar fencing with a four-foot (4') approximate height. The protective fencing
may be located within the drip line of the specimen tree for approved construction only. The
fencing shall follow the delineation of the approved construction.
3. Bark Protection: in situations where a tree remains in the immediate area of intended
construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk
with lumber encircled with wire or other means that does not damage the tree.
4. Construction Pruning: In a case where a low hanging limb may be broken during the course of
construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at
the next joint of the limb. The wound shall then be sealed with pruning paint.
In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire
canopy without the Administrative Official's prior approval.
C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated
for preservation have some encroachment on their critical root zone. The following is the minimum
design criteria which is allowed within the critical root zone of a tree. Development exceeding the
criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a
case replacement trees shall also be required.
1. Grade Changes: In the event that grade changes must be made around a tree or group of trees,
the following should shall be implemented in order to maintain oxygen and water exchange within
the tree's critical root zone.
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Land Deve/ooment Code
City of Colle wille, Texas
a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at
natural grade with natural ground cover or landscaping for the tree to be considered a
preserved tree.
b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half
(1/2) of the radius of the critical root zone radius distance.
c. Increase Grade: Provide an aeration system just outside the tree's drip line. A dry well
located a minimum of one-half (1/2) of the radius of the critical root zone.
d. Decrease Grade: Provide retaining walls outside the dripline to mitigate cuts.
2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The
minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth
of forty-eight inches (48").
3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of
any tree.
4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be
covered with impervious paving. The pavement and the cut and fill for the pavement is to not
exceed one-half (1/2) of the critical root zone radius distance.
Section 5.11 Tree Planting Regulations
A. Easements and rights-of-way: The location of replacement trees is restricted from utility easements
and rights-of-way. The location shall not be in an area such that the mature canopy of the tree will
interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a fire hydrant.
B. Off-site Planting of Replacement Trees: Replacement trees should be planted on the site or
easement from which existing trees are to be removed. if this is not feasible, an applicant may initiate
a proposal to plant trees off-site. This may be approved if the planting site is in reasonable proximity
to the project area.
C. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project
release. Optimum planting times do not always correspond to project completion. For that reason,
replacement tree plantings may take place after the project is released by the City; provided, that
before project release, a fiscal security is posted in the amount equal to the prevailing rate for
installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost.
Section 5.12 Violations
Any person violating or failing to comply with any provision or requirement of this section shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount
provided in this chapter. A separate offense shall be deemed committed upon each day during or on which
each separate violation or failure to comply occurs or continues to occur and shall be punishable as such.
A. A monetary penalty of $100.00 per diameter inch of the tree(s) removed or damaged shall be
assessed and paid to the City of Colleyville; and
B. The tree which is removed or damaged shall be replaced with new trees having a total tree diameter
width equal to the specimen tree removed or damaged.
Section 5.13 Replacement Tree List
The following is the list of appropriate and approved replacement trees which have been selected on the
basis of their suitability in the urban environment of North East Tarrant County.
Chapter 5 - Tree Preservation
Page 5 - 6
Land Deve/ooment Code
City of Collevville. Texas
Replacement Tree List
Common Name Botanical Name
Pecan Carva iIIinoensis
Cedar Elm Ulmus crassifolia
Lacehark Elm Ulmus parvifolia
Red Oak Quercus shumardii
Live Oak Quercus virainiana
Bur Oak Quercus macrocarpa
Post Oak Quercus stellata
Black Jack Oak Quercus marilandica
Chinauaoin Oak Quercus mulenberqii
Chinese Pastiche Pistacia chinensis
Sweetaum LiQuidambar stvraciflua
Austrian Pine Pinus niara
Southern maqnolia maqnolia qrandiflora
Bald Cvoress Taxodium distichum
Red Bud Cercis canadensis
Section 5.14 Construction Plan Requirements
The following notes shall be required as a part of all construction plans.
1. All trees shown on this plan to be preserved shall be protected during construction with temporary
fencing. Tree protection fences shall be installed prior to the commencement of any site preparation
work (clearing, grubbing or grading).
2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the
outermost limits of the tree branches or dripline. The fence will be maintained throughout the
construction project in order to prevent the following.
A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or
materials.
B. Critical root zone disturbances due to grade changes greater than two inches (2") cut or fill or
boring which was not authorized by the City.
C. Wounds to the trunk, limbs or exposed roots by mechanical equipment.
D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires.
3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4'), the
trunk must be protected with strapped-on planking to a height of eight feet (8') or to the limits of the
lower branching.
4. All grading within critical root zones of specimen trees shall be performed by hand or small equipment
to minimize damage. Prior to grading, relocate the protective fencing to two feet (2') behind the grade
change area.
5. Trees most heavily impacted by construction activities should be watered deeply once a week during
periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust
accumulation on the leaves.
6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible.
7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before
construction begins.
Chapter 5 - Tree Preservation
Page 5 - 7
Land Deve/ooment Code
Citv of CoJ/ewille. Texas
Section 5.15 Amendments
Reserved for listing of amendments to this Chapter.
Ord. Number Date
Subject
Chapter 5 - Tree Preservation
Page 5 - 8
Land Development Code
City of Collevville, Texas
Chapter 6
Building Design
Section 6.1 Purpose of This Chapter
The purpose of this Chapter is to establish rules and regulations for the exterior design of commercial
buildings in certain zoning districts.
Section 6.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of the following:
1. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality.
2. Chapter 211 - Municipal Zoning Authority of the Texas Local Government Code, which authorizes a
municipality to divide a municipality into districts and, within each district, regulate the erection,
construction, reconstruction, alteration, repair, or use of buildings, other structures, or land.
3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 6.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 6.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
Section 6.5 Commercial Building Design Standards
6.5.A REQUIREMENTS
For buildings located within the Commercial Design District, it shall be the duty of the Administrative
Official responsible for review of site plans to calculate the design score for all buildings in the
Commercial Design District as part of the building permit and site planning process using Paragraphs A
through G below as a design calculation work sheet.
Commercial Building Design Factors Work Sheet
A. Fa~ade Articulation Variables
1. L = Length in feet of building perimeter visible from the street.
ft.
Chapter 6-Building Design
Page 6 - 1
Land Develooment Code
Citv of Colle wille, Texas
2. F = Length of the longest horizontal straight section of the exterior fayade visible from the
street. ft.
In order to determine that any two horizontal straight sections of wall in the same plane are
separate walls:
a. There shall be an intervening physical separation of space or other wall sections which
separate the two subject walls by not less than three feet.
b. The average offset distance of the intervening space and/or wall section shall be not less
than one foot from the subject plane.
c. The total perimeter beam length of the intervening space and/or wall section shall not be
less than five feet.
d. Materials used within the intervening separation may not be identical to materials used in
more than one of the two same plane test sections.
e. Any two or more same-plane wall sections which do not meet all of the requirements of
Paragraphs a, band c above shall be determined to be part of one complete wall section.
3. A = Articulation ratio or UF =
4. Ka = Articulation Score = A x 2 =
B. Vertical Departure Variables
1. P = Total surface area of a projection of all surfaces visible from the street and which are
relative to the four vertical planes of an imaginary cube which would enclose the building.
s.f.
2. R = Total surface area of a projection of all sloping or vertical departure surfaces of the
building relative to the four vertical planes of an imaginary cube which would enclose the
building. s.f.
For the purpose of the calculation of "R";
a. Buildings with principal wall sections which are generally rectangular must be aligned so
that principal wall sections are parallel to a face of the test cube.
b. Only those surfaces which slope at an angle of not less than 15 degrees nor more than
75 degrees from the vertical plane may be included in this area calculation.
c. Circular, convex or concave regular surfaces which are offset at the central point of the
curve by not less than one foot from the vertical surface and have a central angle of not
less than 60 degrees may also be included.
d. Q = Number of test cube vertical surface projections (1,2,3 or 4) visible from the street.
3. V = Vertical departure ratio or RIP =
4. Kv = Vertical Departure Score = 10 x V =
C. Shade Coverage Variables
1. S = Total covered but unenclosed structural exterior area attached to the building as
measured in square feet on a horizontal plane. s.f.
Chapter 6-Building Design
Page 6 - 2
Land Deve/ooment Code
Citv of Colle wille. Texas
a. The floor area of covered exterior balconies may be included. Attached canopies,
porches, verandas, and other shade oriented structural design features may also be
included.
b. Each vertical opening into the shaded area must be framed on the top and sides by
structural building materials with a cross sectional area parallel to the face of the opening
which is equal in the aggregate to not less than 20 percent of the surface area of the
opening.
c. The area under detached canopies shall be excluded.
2. G = Total area of the interior ground floor of the building.
s.f.
3. C = Shade coverage ratio or S/G =
4. Kc = Shade Score = 100 xC =
D. Horizontal and Diagonal Roof Planes Variables
1. F = "F" as previously calculated in Paragraph A(2) above.
5% of F =
2. E = Total visible horizontal and diagonal eave planes, ridge planes and/or parapet top planes
on the building.
For the purpose of this paragraph:
a. Two eaves in the same horizontal plane but which are separated by not less than 5
percent of "F" shall be considered separate planes.
b. Two parapets in the same horizontal plane but which are separated by not less than 5
percent of "F" shall be considered separate planes.
c. A parapet with a wall length of less than 5 percent of "F" shall be considered a
crenelation and shall not be counted as a parapet.
d. For every five crenellations, regardless of elevation, one equivalent plane may be added
to the calculation of total planes. In like manner, one crenelation shall equal 0.2
horizontal/diagonal planes.
e. For an eave, canopy or mansard which overhangs the vertical surface of the building by
not less than 18 inches, one plane shall be counted for the outer edge of the eave and
one plane shall be counted at the intersection of the eave and the wall.
f. One plane shall be counted for each diagonal ridge or edge of a sloped roof and, if the
edge is also an eve which overhangs the wall by not less than eighteen (18") inches it
shall be counted as two planes.
g. For mansards which wrap around a building corner, planes shall not be counted as
separate unless there are actual changes in elevation.
h. Two parapet tops which intersect at 90 degrees in the same horizontal plane shall be
counted as separate planes.
3. Q = Total # of test cube surfaces visible from the street as identified in Paragraph B(2)(d)
above.
Chapter 6-Building Design
Page 6 - 3
Land Develooment Code
City of Collevville, Texas
4. H = Horizontal/Diagonal Planes Ratio or E/Q =
5. Kh = Horizontal/Diagonal Planes Score = H if total floor area is less than 50,000 s.f. For
floor area greater than or equal to 50,000 s.f., "Kh" shall be not more than 10 points.
E. Fenestration Variables
1. W = Total number of windows, doors, and other openings into the structure through which
light may pass.
For the purpose of this paragraph each opening must be framed on the sides, top and/or
bottom by structural building materials with a surface area equal in the aggregate to not less
than 50 percent of the surface area of the opening.
2. Q = As previously calculated in Paragraph B(2)(d) above.
3. N = Fenestration Ratio = W/Q =
4. Kn = Fenestration Score = N if total floor area is less than 50,000 s.f. For floor area greater
than 50,000 s.f., "Kn" shall be not more than 10 points.
F. Total Design Score: Kt = Ka + Kc + Kh + Kv + Kn =
G. Minimum Design Scores (Kt) by Zoning District
Zone - CN CPO CC1 CC2 CC3 ML
Score - 25 25 30 25 20 30
H. An applicant for a permit to construct a building which does not meet the minimum design score
in Paragraph G above may present an appeal of the building design to the Planning and Zoning
Commission. The Administrative Official responsible for site plan review may also present an
appeal of a proposed design to the Commission or request an interpretation of a particular design
guideline. Following a review of an alternate design, the Planning and Zoning Commission shall
have the authority to find that the fa<;ade, horizontal/diagonal planes, fenestration, vertical
departures and shade oriented design features of the alternate design meet the intent of
Commercial Design District guidelines. The decision of the Planning and Zoning Commission
shall be final.
Section 6.6 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
Chapter 6-Building Design
Page 6 - 4
land Development Code
City of Collevville. Texas
Chapter 7
Sign Regulations
Section 7.1 Purpose of This Chapter
The purpose of this Chapter is to establish reasonable regulations for the design, construction, installation
and maintenance of all exterior signs in the City of Colleyville in order to:
1. balance the right of individuals to identify their businesses and convey their messages and the right of
the public to be protected against the unrestricted proliferation of signs;
2. further the objectives of the comprehensive plan;
3. protect the public health, safety, and welfare;
4. reduce traffic hazards;
5. facilitate the creation of an attractive and harmonious community;
6. protect property values;
7. promote economic development; and
8. preserve the right of free speech exercised through the use of signs containing non-commercial
messages.
Section 7.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of the following:
1. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality.
2. The Home Rule Charter of the City of Colleyvi/le, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 7.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 of this Land Development Code.
Section 7.4 Definitions
Definitions applicable to this chapter may be found in Chapter 2 - Definitions of this Land Development Code.
Chapter 7 - Sign Regulations
Page 7 - 1
land Development Code
City of Collevville. Texas
Section 7.5 Administration
7.5.A SIGN PERMIT REQUIRED
No person shall erect any sign nor shall any person allow the erection or display of any sign upon
property owned or controlled by him without obtaining a permit for said erection from the Building Official,
pursuant to the terms of the Sign Code, except where an exemption is provided herein this Chapter.
7.S.B EXISTING TEMPORARY SIGNS
Any temporary permit allowing a sign issued prior to the adoption of the Sign Code shall not be renewed
upon the expiration of the temporary permit.
7.S.C ApPLICA nON FOR SIGN PERMIT
The application for a sign permit shall be in a form approved by the Building Official which shall contain
the following information:
1. Sign use classification.
2. Name, address and telephone number of the applicant.
3. Name, address and telephone number of the owner of the property on which the sign is to be
located.
4. Name, address and telephone number of the lessee the sign is to benefit, if any.
5. Name, address and telephone number of the person erecting the sign.
6. Scaled site plan showing:
a. location of the building, structure or tract to which or upon which the sign is to be attached or
erected,
b. the position of the sign in relation to nearby structures or other signs, and
c. dimensions of setbacks, building lines, distances between the sign and streets and property
lines.
7. Scaled drawing of the sign including height, width, area, design and text.
8. Such other information as may be requested by the building official.
7.S.D EXEMPTIONS FROM REQUIREMENT FOR PERMIT
A permit shall not be required for erection of any of the following signs; provided, however, such signs
shall otherwise comply with all other applicable provisions of the sign code:
1. a sign not exceeding eight square feet in area, which advertises the sale, rental or lease of the
premises on which said sign is located. There shall be no more than one such sign per premise.
The sign shall be removed upon the completion of the sale or lease of the premises.
2. nameplates not exceeding one square foot in area.
3. political signs not exceeding twelve square feet in area located on private property, by or with the
permission of the owner of the property-, provided, however, political signs which advertise or
promote a particular individual for office or a particular issue shall not be erected more than 30
days prior to the election in which such individual or issue shall be voted upon and said political
Chapter 7 - Sign Regulations
Page 7 - 2
land Development Code
City of Collevville. Texas
sign shall be removed within 7 days after said election.
4. construction signs, not exceeding a total of 16 square feet in area, denoting the architect,
engineer or contractor, and placed upon the premises under construction. Said construction
signs shall not be placed on the premises prior to construction and shall be immediately removed
upon completion of construction.
5. occupational signs, not exceeding two square feet in area, denoting only the name and
profession of an occupant in a commercial building or public institutional building. There shall not
be erected more than one occupational sign per person.
6. memorial signs or tablets, the names of buildings and dates of erection, when cut into any
masonry surface or when constructed of bronze or other incombustible materials.
7. flags, emblems and insignia of any governmental body and decorative displays for holidays or
public demonstrations which do not promote or identify any person or the goods and services
supplied by a person.
8. a flag, emblem or logo of a person which is erected on a freestanding flag pole 35 feet or less in
height, where the flag, emblem or logo displayed on a flagpole does not exceed 32 square feet in
maximum gross surface area, the flagpole is set back a minimum of 20 feet from the front
property line and 8 feet from the side property line, and the flagpole is separated by a minimum of
60 feet from any other freestanding sign.
9. non illuminated, directional signs not exceeding 8 square feet provided such directional signs do
not contain advertising and are not used as such.
10. any sign erected by or under the authority of the City.
11. signs located inside a building, which are not visible from the exterior of the building.
12. temporary banners, flags or pennants which are attached securely to the front or side of a
building structure; provided, however, banners, flags or pennants shall not be attached to the
building structure and displayed for more than three consecutive 30 day periods during the
calendar year. Banners, flags or pennants shall be kept in good repair and remain firmly
anchored or secured to the structure. The erection or display of banners, flags or pennants
pursuant to this provision without a permit shall be conditioned upon the person erecting said
banners, flags or pennants giving the building official 15 days notice prior to such erection.
7.5.E FEES
1. Every application for a permanent sign shall be accompanied by a non-refundable fee of $35.00
for the processing and issuance of the permit.
2. Every application for a temporary sign permit shall be accompanied by a non-refundable fee of
$35.00 for the processing and issuance of the permit.
3. Every application for the use of a search light constituting a sign shall be accompanied by a non-
refundable fee of $35.00 for the processing and issuance of the permit.
4. Every application for an illuminated sign shall be accompanied by a non-refundable fee of $60.00
for the processing and issuance of the permit for the sign, electrical permit and inspection.
7.5.F ISSUANCE OF PERMIT AND EXPIRATION
1. On the determination by the building official that the applicant for a sign permit has complied with
ail applicable portions of the Sign Code and that the proposed sign complies with the Sign Code,
the Building Official shall issue a sign permit to the applicant.
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City of Collevville. Texas
2. The issuance of a permit for a permanent sign shall be automatically revoked 180 days after the
date of issuance of the permit in the event the construction of the sign authorized by the permit
has not been commenced within said 180 days.
3. A temporary sign permit shall be valid only for the period indicated in the Sign Code and the sign
shall be removed immediately upon expiration of the time period stated in the permit.
7.5.G PERMIT REVOCABLE
1. The Building Official may suspend or revoke any sign permit whenever he shall determine that
the permit has been issued in error or on the basis of incorrect or false information supplied, or
whenever such permit was issued in violation of any provision of the Sign Code, any other
ordinance of the City, the laws of the State of Texas or the federal government. Such revocation
shall be effective when communicated in writing to the person to whom the permit is issued or the
owner of the sign or the owner of the premises on which the sign is located. Any sign the subject
of a revoked permit shall be immediately removed by the person in control of the sign or premises
upon which the sign is located within 15 days of written notice of revocation.
2. A person may appeal the revocation of the sign permit to the Sign Board of Appeals by filing with
the Building Official written notice of an intention to appeal within 10-days after receipt of written
notice of revocation. The decision of the Sign Board of Appeals shall be reviewed, approved,
reversed and/or modified by the City Council.
3. Notice of revocation shall be deemed to have been received when deposited in the mail, postage
prepaid, addressed to the owner of the premises, the owner of the sign, and the tenant for whose
benefit the sign is erected as listed in the permit application.
Section 7.6 Sign Removal
1. Removal of Certain Signs Upon Notice.
The owner of any property upon which any of the following signs are located shall immediately
remove the sign upon notice from the building official:
a. Any illegal, non-conforming sign.
b. Any legal, non-conforming sign which has been substantially destroyed or dismantled for any
purpose other than maintenance operations or for changing letters, symbols or other matters on
the sign. The sign shall be deemed to be substantially destroyed or dismantled if the cost of
repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the
same location.
2. Repair of or removal of dilapidated or deteriorated signs.
Upon determination by the Building Official that a sign is in a dilapidated or deteriorated condition, the
building official shall give notice of said determination to the owner of the sign, or the owner of the
property on which the sign is erected and the lessee the sign is to benefit. Said notice shall further
specify a time period in which said dilapidated or deteriorated condition must be corrected. In the
event the dilapidated or deteriorated condition is not corrected within the time provided in the notice of
the building official, then the owner of the property on which said sign is erected and the owner of the
sign shall immediately remove the sign.
3. Removal of signs under the authority of the Municipal Board on sign control.
a. Creation of Board.
The Mayor of the City shall appoint a Municipal Board on sign control. The Board shall consist of
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City of Collevville. Texas
two real estate appraisers, each of whom is a member in good standing of a nationally
recognized professional appraisers society or a trade organization that has established a code of
ethics, educational program and professional certification program; one person engaged in the
sign business in the municipality; one employee of the State Department of Highways and Public
Transportation who is familiar with real estate valuations and eminent domain proceedings; and
one architect or landscape architect licensed by the State of Texas. A member of the Board shall
serve for a term of two years from the date of his appointment.
b. Referral of signs to Board on sign control.
Upon determination by the Building Official that a sign is not in conformity with the sign code and
should be removed, the Building Official shall issue an order requiring removal of the sign. Said
order shall be delivered to the owner of the sign and the owner of the is property on which the
sign is situated. The owner of the sign and the owner of the property on which the sign is situated
shall remove the sign in accordance with the order of the Building Official. A copy of the order
requiring the removal of the sign shall be forwarded to the board on sign control which shall
conduct a hearing and provide for compensation in accordance with the provisions of Chapter
216 of the Texas Local Government Code.
4. Removal by City.
In the event any owner of property on which a sign is situated fails to comply with any order issued by
the Building Official for removal of a sign under the sign code, then the City may undertake to remove
said sign in compliance with the order. The owner of the land on which the sign is situated and the
owner of the sign shall pay all costs incurred by the City in the removal.
Section 7.7 Limitation Applicable to Signs Requiring a Permit
7.7.A LIMITATIONS FOR PERMANENT. ON-PREMISE SIGNS ATTACHED TO STRUCTURES
1. No permit for the erection of a permanent sign attached to a structure shall be issued, except for
the purpose of an agricultural sign, apartment sign, directory sign, general business sign,
identification sign, institutional sign, multipurpose sign, or real estate sign.
2. All permanent, on-premise signs attached to structures shall comply with the following standards:
a. Projecting Signs.
The horizontal portion of any projecting sign shall not extend more than six feet, six inches
from the building face and shall not be closer than two feet from the curb line. Such signs
shall be an integral part of the architectural design of the building. Vertical clearance shall be
subject to the requirements of paragraphs hand i of this Section. Projecting signs may be
illuminated.
b. Marquee Signs.
Marquee signs shall be built as an integral part of the marquee. The maximum gross surface
area of a marquee sign shall be 40 square feet or the product of two times the lineal footage
of the building or store frontage on which the sign is located, whichever is greater, and shall
not be closer to the curb than two feet from the curb line. Marquee signs shall not have a
vertical height of more than six feet nor exceed 75% of the width of the building or store
frontage to which they are attached. Marques signs shall not extend above the wall to which
they are attached. Vertical clearance shall be subject to the requirements of paragraphs h
and i of this Section. Marquee signs may be illuminated.
c. Wall Signs.
The maximum gross surface area of a wall sign shall be 40 square feet or the product of two
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City of Collevville. Texas
times the lineal width of the wall on which such signs are located, whichever is greater. Wall
signs shall not have a vertical height of more than six feet, nor exceed 75% of the width of the
wall area to which it is attached. Vertical clearance shall be subject to the requirements of
paragraphs hand i of this Section. Wall signs shall not extend above the wall to which they
are attached. Where two or more wall signs are installed in a single wall area, the gross
surface area may not exceed 40 square feet or the product of two times the lineal width of the
wall on which the signs are located, whichever is greater. Such signs shall not be arranged
as to have a vertical height of more than six feet. The combination of the sign widths, when
placed side by side, shall not exceed 75% of the width of the wall area to which they are
attached. General business wall signs must be located over the premises which they
advertise. Wall signs may be illuminated; provided, however, illuminated wall signs on rear
building facades are prohibited.
d. Awning Signs.
An awning may extend the full length of the wall of the building to which it is attached and
shall be no more than six feet in height. The awning shall not be placed less than eight feet
above the walking surface below. Art work or copy on awning signs shall be limited to a
business name and/or logo and shall not exceed 20% of the area of the awning and shall
extend for no more than 50% of the length of the awning. Awning signs may be illuminated.
e. Canopy Signs.
A canopy sign may be placed on or may be an integral part of the fare of a canopy. The sign
may consist of only the name and/or logo of the business at the location of the canopy and
may be no greater in size than 20% of the face of the canopy of which it is a part or to which
it is attached and shall not extend beyond the face of the canopy either vertically or
horizontally. An illuminated strip may be incorporated into the canopy. The strip may not
extend along the entire length of the face of the canopy. Width or thickness of the strip shall
be limited to one-third of the vertical dimension of the face of the canopy. The internal
illumination of the canopy is limited to the portions of the canopy face on which a sign or strip
is permitted.
f. Subdivision Wall Signs or Plaques.
Subdivision wall signs or plaques shall not exceed 15 square feet in area. Subdivision wall
signs or plaques are limited to one per subdivision entryway and may be illuminated by
means of indirect illumination only. Subdivision wall signs or plaques shall only be attached
to approved masonry screening wall.
g. Window Signs.
Window signs may be placed so as not to obscure more than 25% of the visible window area
available in the absence of any signs. Where multiple windows exist, fronting on the single
elevation, the 75% visibility shall be maintained for the total window area on said elevation.
h. Projection over Public Property.
If the vertical clearance of the sign above the ground is less than eight feet, no projection is
permitted. If the vertical clearance of the sign above the ground exceeds eight feet, a
projection of up to four feet or one-third of the width of the sidewalk below, whichever is less,
is allowed.
i. Projection Over Private Property.
Projections other than awning or canopy signs over private property shall be allowed over
pedestrian sidewalks, walkways and corridors, but not to exceed the following:
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City of Collevville. Texas
Vertical Clearance
Less than 8 feet
8 or more
Maximum Pro"ection
3 inches
4 feet
7.7.B LIMITATIONS ON PERMANENT ON-PREMISE FREESTANDING SIGNS.
1. No permit shall be issued for a permanent, on-premises, freestanding sign except for the purpose
of an agricultural sign, apartment sign, directory sign, general business sign, identification sign,
institutional sign, multi-purpose sign, or real estate sign.
2. All permanent, on-premise, freestanding signs may be illuminated and shall be monument signs
except for pole or pylon signs which are allowed in non-residential zoning districts with frontage
on a roadway having a 55 mile per hour or greater speed limit as provided in this Section hereof.
3. All permanent, on-premise, freestanding, signs shall comply with the following standards:
a. Agricultural Signs
Agricultural signs may be erected in agricultural (AG) zoning districts. The maximum gross
surface area of the sign shall be 50 square feet per side. Agricultural signs shall have a
maximum height of fifteen feet and shall be set-back a minimum of 30 feet from the front
property line. There shall be a minimum of 200 feet spacing between the agricultural sign
and any other freestanding sign.
b. Apartment Signs.
Apartment signs may be erected in any residential zoning district which allows apartments as
a use. The maximum gross surface area of an apartment sign shall be 25 square feet per
side. An apartment sign shall have a maximum height of ten feet and shall have set-back a
minimum of 15 feet from the front property line. Apartment signs are limited to one per street
front.
c. Freeway Signs.
On-premise freeway signs may be erected only in districts zoned AG, C-PO, CN, CC1, CC2,
CC3, PUD-C AND PUD-I where the property on which the sign is located is directly adjacent
to a thoroughfare where the legal speed limit is 55 miles per hour or greater. Pole or pylon
signs are allowed. The maximum gross surface area of on-premise freeway pole or pylon
signs shall be 250 square feet per side. On-premise freeway pole or pylon signs shall have a
minimum setback of 30 feet from the front and side property lines. In the event the property
is located at or near an intersection, the sign shall be setback a minimum of 50 feet to the
corner of any intersection. Where a monument sign is used, the maximum gross surface
area of an on-premise freeway, monument sign shall be 100 square feet. On-premise
freeway monument signs shall have a maximum height of 12 feet and a minimum setback of
30 feet from the front and side property lines. There shall be a minimum 60-foot spacing
between on-premise freeway pole or pylon signs or other freestanding signs.
d. General Business Signs.
General business signs shall be erected only in non-residential zoning districts. The
maximum gross surface area of a general business sign shall be 90 square feet per side for a
monument style sign. The maximum height of a monument, general business sign shall be
10 feet and shall be set-back from the front property line a minimum of eight feet and a
minimum of 30 feet from the side property line. General business signs shall have a
minimum separation distance of 60 feet from any other free-standing sign.
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City of Collevville. Texas
e. IdentificationlDirectory Signs.
Identification/directory signs shall be erected only in non-residential zoning districts. The
maximum gross surface area of identification1 directory signs shall be 150 square feet per
side. The maximum height of identification/directory signs shall be 10 feet and said signs
shall be set-back a minimum of eight feet from the front property line and 30 feet from the
side property line. Identification/directory signs shall have a minimum separation of 60 feet
from any other freestanding sign.
f. Institutional Signs.
Institutional signs may be erected only in zoning districts which allow the institution the sign
advertises as a use. The maximum gross surface area of an institutional sign shall be 32
square feet per side. The maximum height of an institutional sign shall be 10 feet and shall
have a minimum set-back from the front property line of 15 feet. Only one institutional sign
per street front is allowed.
g. Multi-Purpose Signs.
i. The various portions of a multipurpose sign shall have the following surface areas:
se
Ication
Directo
Reader Board
i Maximum Gross Surface Area/Side
50 sJ.
70 sJ.
30 sJ.
provided, however, multi-purpose signs may have any combination of directory and
reader board area so long as the maximum gross surface area does not exceed 100
square feet per side.
ii. A multi-purpose sign shall have a maximum total gross surface area of 150 square feet
per side; provided, however, a multi-purpose sign may have a maximum gross surface
area of 225 square feet per side so long as a rectangle drawn around the area actually
occupied by the advertising copy is limited to the gross surface area of 150 square feet.
iii. Multi-purpose signs may be erected in any non-residential zoning district.
iv. Multi-purpose signs shall have a maximum height of 10 feet and shall have a minimum
set-back of 30 feet from the front and side property lines. No more than one multi-
purpose sign shall be erected per street front and there shall be a minimum separation
distance of 60 feet from any other freestanding sign.
h. Subdivision Entry Signs.
Subdivision entry signs may be erected only in residential zoning districts. The maximum
gross surface area of a subdivision entry sign shall be 30 square feet per side. The
maximum height of a subdivision entry sign shall be three feet; provided, however, the sign
height shall be limited so as not to obstruct the vision of automobile drivers entering and
exiting the subdivision. Subdivision entry signs shall have a minimum set-back of five feet
from the front property line. No more than two subdivision entry signs may be erected per
subdivision.
i. Projections or Overhangs.
Any projecting or overhanging portion of a freestanding sign must be a minimum of ten feet
above any walkway and fourteen feet above the roadway or other driving surface.
J. Attachments to Freestanding Signs.
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City of Collevville. Texas
No guys, braces, attachments, banners, flags, balloons, or other similar devices shall be
attached to any freestanding sign, except as may be provided by a temporary permit.
k. Bollard, Wheel or Bumper Guard Protection for Freestanding Signs.
Freestanding signs shall be protected by bollard, wheel or bumper guards when deemed
necessary by the building official in order to insure safe operation of vehicular traffic in and
around the sign.
I. Number.
No more than one freestanding sign per street front shall be allowed for each developed lot,
and in the event a building encompasses more than one developed lot, then no more than
one freestanding sign per street front shall be allowed for said building.
m. Large Lots.
i. Except for agricultural signs and institutional signs, in non-residential zoning districts
where the lot fronts on a thoroughfare having a speed limit of less than 55 miles per hour
and the number of frontage feet of the lot exceeds 225 feet, the following limitations shall
be applicable if greater than otherwise provided in this Chapter:
(i) Area: the maximum gross surface area per side of the sign shall not exceed an
amount equal to the product of .4 feet times the number of frontage feet of the lot, not
to exceed 150 square feet.
(ii) Height: the sign height shall not exceed five feet, plus one foot of sign height for each
additional 20 feet of lot frontage over 99 feet, not to exceed 30 feet in height.
(iii) Set-Back- set-back from the front property line shall be a minimum of 10 feet or the
product of 1.43 times the sign height, whichever is greater.
(iv) Spacing: signs shall not be placed closer to a side lot line than the distance equal to
1/4 of the lot frontage.
ii. Except for agricultural signs and institutional signs, in non-residential zoning districts
where the lot fronts on a thoroughfare having a 55 mile per hour speed limit or greater
and the number of frontage feet of the lot exceeds 225 feet, the following limitations shall
apply if greater than otherwise provided in this Chapter:
(i) Area: The maximum gross surface area per side of an on-premise, freeway, pole sign
shall be the product of .4 feet times the number of frontage feet in the lot, or 250
square feet, whichever is less. The maximum gross surface area of an on-premise,
freeway, monument sign shall be the product of .4 feet times the number of frontage
feet in the lot, or 150 square feet, whichever is less.
(ii) Height- the sign height shall not exceed 20 feet, plus one foot of sign height for each
40 feet of lot frontage over 99 feet, not to exceed 35 feet in height.
(iii) Set-Back: the sign shall be set-back from the front property line a minimum of the
product of 1.22 times the sign height.
(iv) Spacing: the sign shall not be placed closer to a side lot line than a distance equal to
1/4 of the lot frontage.
n. Height.
The height of freestanding signs which are attached to the surface below street level shall be
measured from street level.
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City of Collevville. Texas
7.7.C PROHIBITION OF PERMANENT. OFF-PREMISE SIGNS. WHETHER ATTACHED TO STRUCTURES
OR FREESTANDING.
No permit shall be issued for the erection of any permanent, off-premise sign, including billboard signs,
whether said sign is attached to a structure or freestanding, with the following exception:
1. Institutional Off-Premise signs meeting the following restrictions:
a. Shall be directional in nature.
b. A limit of two (2) signs per institution.
c. Gross square footage of each sign shall not exceed four (4) square feet.
d. Signs shall be manufactured and installed by the City in conformance with the Texas Manual on
Uniform Traffic Control Devices for Streets & Highways.
e. All other applicable regulations and restrictions of the sign code shall apply, including the
permitting and placement.
2. Vertical banners may be erected on utility and other designated poles within the public right-of-way
subject to the following restrictions:
a. After approval of an application, vertical banners may only be erected by a non-profit organization
for the purpose of advertising a function 1 or event to which the general public is invited
b. Vertical banner wording is limited to event names and dates only and may not contain any
commercial message.
c. Vertical banners may occupy no more than 35 square feet in area per pole, may be no closer
than ten feet (10') to the ground, and may have a maximum height of thirty-five feet (35') from the
ground.
d. Vertical banners may be installed only on poles identified by the City that include the appropdate
hardware for such installation. The installation must be supervised by the City.
e. For purposes-of safety and appearance, all vertical banners must be designed in accordance with
criteria set forth by the city for purposes of safety, etc.
f. Approved vertical banners will be installed for a period of time not more than twenty-one (21)
days, and must be removed on the first business day after the last day of the named event.
g. Vertical banner installation applications must be submitted no later than four weeks prior to the
desired installation date, and must be submitted to the City Manager or his designee who will
approve them on a first-come, first-served basis. Applications must include a notarized hold
harmless and indemnity agreement.
7.7.E LIMITATIONS ON TEMPORARY. ON-PREMISE SIGNS.
1. No permit shall be issued for a temporary, on-premise sign except for the purposes of a construction
sign, model home sign, search light as a general business sign, seasonal/special sales sign, or real
estate sign.
2. Temporary, on-premise signs shall conform to the following standards.
a. Construction signs.
Construction signs may be erected in non-residential and residential zoning districts. The
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City of Collevville. Texas
maximum gross surface area per side of a construction sign shall be 32 square feet. The
maximum height of a construction sign shall be 15 feet and shall have a minimum set-back of 20
feet from the front property line. A construction sign shall be removed upon the sale of the
property or completion of the construction project.
b. Development signs.
Development signs may be erected in non-residential and residential zoning districts. The
maximum gross surface area per side of a development sign in a non-residential zoning district
shall be 90 square feet. The maximum gross surface area of a development sign in a residential
zoning district shall be 50 square feet. The maximum height of a development sign in a non-
residential zoning district shall be 20 feet. The maximum height of a development sign in a
residential zoning district shall be 12 feet. A development sign shall be set-back, a minimum of
30 feet from the property line; provided, however, if the building line is less than 30 feet from the
front property line, a development sign may be erected at the building line. There may be no
more than one development sign per subdivision; provided, however, in the event the subdivision
exceeds a total of 50 acres, then an additional development sign may be added for each
additional 50 acres within the subdivision. A development sign shall be removed when the
project is 90% complete or within three years, whichever is less. For the purposes of this
provision, a subdivision shall be deemed 90% complete when 90% of the lots within the
subdivision are sold.
c. Model Home Signs.
Model home signs may be erected in residential zoning districts. The maximum gross surface
area of a model home sign shall be 16 square feet per side. The maximum height of a model
home sign shall be 6 feet and shall be set-back from the front property line 10 feet or 1/2 of the
distance between the front property line and the building line, whichever is greater. Model home
signs are limited to one per premises. A model home sign shall be issued for a period of 18
months, provided if the model home is sold prior to the expiration of the 18 month period, the sign
shall be removed when the sale is completed.
d. Real Estate Signs.
Real estate signs shall be allowed in non-residential districts; provided, however, real estate signs
are limited to signs attached to the wall of the building located on the premises. The maximum
gross surface area of a real estate sign shall be 90 square feet. The maximum height of a real
estate sign shall be the height of the wall on which the sign is displayed. There shall be no more
than one real estate sign per platted lot. Real estate signs shall be removed within 7 days
following the completion of the sale or lease of the premises.
e. Search Lights.
A search light may be used as a sign in any non-residential zoning district. A search light shall be
located a minimum of 50 feet from any public right-of-way and positioned so that all beams of
light emitted have a minimum angle of 30 degrees from grade level. A search light may not
generate light of an intensity in excess of 1,600 million foot candle power. No more than four
beams of light may be projected from any premises. All search lights must be designed and
maintained so as to prevent any light emitted therefrom from being directed at any portion of a
street or adjoining property. No light emitted shall be of such intensity to cause impairment of the
vision of the driver of any vehicle upon a public right-ofway or private roadway. No search light
may be operated between the hours of 11 :00 P.M., and 7:00 AM. Permits for search lights shall
be limited to periods of 7 consecutive days and permits shall be limited to one per premises for
each 6 month period.
f. Seasonal/Special Sales Signs.
i. Seasonal/special Sales signs may be erected in residential/agricultural zoned districts, in
order to advertise the sale of fruits and vegetables from a residential premises. The
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City of Collevville. Texas
maximum gross surface area of a residential Seasonal/Special Sales sign shall be 32 square
feet per side. The sign shall have a minimum set-back of 8 feet from the front property line.
No more than one seasonal/special sales sign shall be allowed per premises. The display
period for a residential seasonal/special sales sign shall be for the May 1 to August 31 selling
season of each year. The Fee for a residential seasonal/special sales sign permit shall be
$25 for the selling season.
ii. Seasonal/special sales signs may be erected in non-residential zoning districts. A
seasonal/special sale sign shall have a maximum gross surface area of 32 square feet per
side. A seasonal/special sale sign shall have a minimum set-back of 8 feet from the front
property line. No more than one seasonal/special sale sign shall be allowed per premises. A
seasonal/special sales sign permit shall be for a period of 30 days. No more than three
seasonal/special sales permits shall be issued per year per premises.
g. Vertical Banners.
Vertical banners may be erected on utility and other designated poles within the public right-of-
way subject to the following restrictions:
i. After approval of an application, vertical banners may only be erected by a non-profit
organization for the purpose of advertising a function 1 or event to which the general
public is invited
ii. Vertical banner wording is limited to event names and dates only and may not contain
any commercial message.
iii. Vertical banners may occupy no more than 35 square feet in area per pole, may be no
closer than ten feet (10') to the ground, and may have a maximum height of thirty-five
feet (35') from the ground.
iv. Vertical banners may be installed only on poles identified by the City that include the
appropdate hardware for such installation. The installation must be supervised by the
City.
v. For purposes-of safety and appearance, all vertical banners must be designed in
accordance with criteria set forth by the city for purposes of safety, etc.
vi. Approved vertical banners will be installed for a period of time not more than twenty-one
(21) days, and must be removed on the first business day after the last day of the named
event.
vii. Vertical banner installation applications must be submitted no later than four weeks prior
to the desired installation date, and must be submitted to the City Manager or his
designee who will approve them on a first-come, first-served basis. Applications must
include a notarized hold harmless and indemnity agreement.
7.7.F PROHIBITION OF TEMPORARY, OFF-PREMISES SIGNS, WHETHER ATTACHED TO A
STRUCTURE OR FREESTANDING.
No permit shall be issued for any temporary, off-premises sign, whether attached to a structure or
freestanding, with the following exception:
Temporary subdivision directional signs may be placed in the public right-of-way or on private
property. If placed in the public right-of-way adjacent to developed property it will require the
permission of the adjacent property owner. There shall be no more than twenty (20) signs for any
one subdivision. Each sign shall not exceed an area of six (6) square feet and may be exhibited from
12:00 noon on Friday to 12:00 noon on Monday. A special permit will be required for these types of
signs and such permit shall be renewed on an annual basis. Cost of the permit will be fifty dollars
($50 00) for each subdivision.
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City of Collevville. Texas
7.7.G LIMITATION ON ILLUMINATION OF SIGNS IN RESIDENTIAL ZONING DISTRICTS.
A sign in a residential zoning district, where allowed by the Sign Code, may be illuminated by means of
indirect illumination only, and such light shall be located so as not to produce glare or direct illumination
across the property lines of the premises.
7.7.H WIND PRESSURE AND DEAD LOAD REQUIREMENTS.
All signs requiring a permit shall be designed and constructed to withstand a wind pressure of not less
than 35 pounds per square foot of area.
7.7.1 MAXIMUM GROSS SURFACE AREA OF MULTIPLE PERMITTED SIGNS UPON A PREMISES.
The gross maximum surface area of all permitted signs upon a premises shall not exceed the following in
designated zoning districts:
Zonin District
'3~~i<:il:lr1tiClI,()th~rthClI1B:ry1Fm
R-MF
Maximum Gross Combined Surface Area
s. f.
C-PO
CN
Non-Residential, other than CN & C-PO
....................................................
. ..................... ...~......
. ........................t...m...
7.8.A MAINTENANCE OF SIGNS.
No person shall allow a sign located on a premises owned by him or which he has control of to display or
contain any of the following defects or conditions:
1. where the elements of the surface or background can be seen as viewed from the intended
viewing distance to have portions of the finished material flaked, broken off, missing or otherwise
not in harmony or consistency with the rest of the surface; or
2. where the structural supports or frame members are visibly bent, broken, dented, deteriorated or
torn; or
3. where a panel is visibly cracked or in the case of wood and other similar products, splintered in
such a way as to constitute unsightly or harmful conditions-, or
4. the sign, or its elements are twisted leaning or at angles other than those at which it was originally
erected; or
5. where the message or wording can no longer be clearly read by a person with normal eyesight
under normal viewing conditions; or
6. where the sign or its elements are not in compliance with the requirements of any building,
electrical, sign or other type of code construction standards adopted by the City of Colleyville.
7.8.B OBSOLETE SIGNS.
No person shall erect or allow to be displayed upon premises owned or controlled by him an obsolete
sign.
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7.8.C OBSCENE SIGNS.
No person shall erect or allow to be displayed upon premises owned or controlled by him a sign in which
the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently
offensive because it affronts community standards relating to the description or representation of sexual
matters, and is utterly without redeeming social value.
7.8.D OBSTRUCTING SIGNS.
No person shall erect or allow to be displayed upon promises owned or controlled by him a sign which
prevents free ingress to or egress from any door, window or fire escape.
7.8.E ATTACHMENTS TO STAND PIPE OR FIRE ESCAPE.
No person shall erect or allow to be displayed upon premises owned or controlled by him a sign which is
attached to a stand pipe or fire escape.
7.8.F INTERFERENCE WITH TRAFFIC.
No person shall erect or allow to be displayed upon premises owned or controlled by him a sign which
obstructs the free and clear vision at any location, where as a result of the position, size, movement,
shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may
interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon
premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of
or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs
making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol
or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as
to cause confusion or otherwise interfere with vehicular or pedestrian traffic.
7.8.G MOBILE OR PORTABLE SIGNS.
1. No person shall attach any sign to a trailer, skid. or similar mobile structure, where the primary
use of such structure is to provide a base for such sign or to constitute the sign itself. This
provision shall not be interpreted to prohibit identification signs on vehicles used for business
purposes; provided, however, said vehicle signs shall be prohibited where such vehicle is allowed
to remain parked along a right-of- way, in the same location, or in the same vicinity, at frequent or
extended periods of time, where the intended purpose is its use as a sign for the subject matter
displayed on the vehicle sign.
2. No person shall erect or allow to be displayed on premises owned or controlled by him a portable
sign.
7.8.H A-FRAME SIGNS AND SANDWICH BOARD SIGNS.
No Person shall erect or allow to be displayed upon premises owned or controlled by him an A-Frame
Sign or Sandwich Board Sign.
7.8.1 SUSPENDING MATERIAL AND SIGNS FROM BUILDINGS. LIGHT FIXTURES. POLES.
SIDEWALKS. ETC.
1. No person shall erect or display upon premises owned or controlled by him any items such as
goods, wares, merchandise or other advertising objects or material which are suspended from
any building, light fixture, pole, structure, sidewalk, apartment, driveway or parking area, for the
purpose of advertising such items, except as allowed pursuant to the provisions of the Sign Code.
2. No person shall erect or display upon premises owned or controlled by him any sign suspended
or placed on a light fixture.
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7.8.J PAINTING, MARKING, A TT ACHING, MATERIALS TO STREETS, SIDEWALKS, UTILITY POLES,
ETC.
No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any
name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether
public or private, utility pole, public building, fence or structure except as allowed by the sign code.
7.8.K ATTACHING ADVERTISING MATTER TO FENCES, UTILITY POLES, ETC., AND SCATTERING
ADVERTISING MATERIAL ON THE STREETS AND SIDEWALKS.
1. No person shall place, stick, tack, nail or otherwise place any advertisement, sign, handbill,
placard or printed pictured or written matter or thing for political advertisement or other advertising
purposes upon any fence, railing, sidewalk, public telephone pole, electric or other utility pole or
any other public property, including trees thereon or to knowingly cause or to commit same to be
done for his benefit.
2. No person shall scatter, throw, or disburse any handbills, circulares, cards, tear sheets or other
advertising materials of any description along or upon any street or sidewalk.
7.8.L FREESTANDING SIGNS PROHIBITED ON/OVER PUBLIC PROPERTY.
No person shall erect or allow to be displayed upon premises owned or controlled by him any
freestanding sign on or over public property unless same be erected by the City, or with permission of the
City for public purposes.
7 .8M CERTAIN ILLUMINATED, ANIMA TED, MOVING AND FLASHING SIGNS PROHIBITED.
No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated,
animated, moving or flashing sign, with the following exceptions:
1. Only a sign which has illumination that is turned on and off, changed in light intensity, color or
copy, at a rate equivalent to, or no more often than every five (5) minutes, is permitted. It is
further provided that a sign which uses illumination to provide time of day and/or temperature only
shall not constitute a flashing sign.
2. No person shall erect or allow to be displayed upon a premises owned or controlled by him any
illuminated sign within 150 feet of property within a residentially zoned district unless the lighting
is shielded from view of the residentially zoned district and indirect light does not exceed 1/2
lumen measured from any property line of the residentially zoned district.
3. No person shall erect or allow to be displayed upon a premises owned by him or controlled by
him in a residentially zoned district any internally illuminated sign.
7.8.N BALLOONS, FLAGS, PENNANTS AND OTHER FLOATING DEVICES USED FOR ADVERTISING
PURPOSES.
No person shall erect or allow to be displayed upon premises owned or controlled by him as a sign, any
balloon, flag, pennant or other floating or inflatable device anchored to the ground or to any other
structure except as allowed by the Sign Code.
7.8.0 ROOF SIGNS, FENCE SIGNS, OR AMENITY SIGNS.
No person shall erect or allow to be displayed upon premises owned or controlled by him any roof sign,
fence sign, or amenity sign.
7.8.P NON-COMBUSTIBLE MATERIAL.
All signs with internal illumination, direct illumination or indirect illumination which is attached to the sign
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shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible
supports which with respect to freestanding signs are in a finished condition. Unfinished metal is not
allowed.
7.8.Q NON-DEFINED SIGNS.
No person shall erect or allow to be displayed upon premises owned or controlled by him any sign which
is not specifically allowed and permitted pursuant to the terms of the Sign Code.
Section 7.9 Adoption of Uniform Sign Code
The Uniform Sign Code, 1985 Edition, a copy of which is on file in the office of the City Secretary is hereby
adopted by reference and designated as a portion of this Sign Code. To the extent any provisions of the
Uniform Sign Code conflict with the provisions of the Sign Code as adopted, the Sign Code shall prevail.
Section 7.10 Construction Permit Fees
In addition to the sign permit fees established pursuant the terms of the Sign Code, the erection of any sign
shall be subject to the payment of all other fees relating to the construct ion or erection thereof, including
building permit fees.
Section 7.11 Penalty Provision
1. Persons Responsible.
The permit holder, owner, agent, person or persons having the beneficial use of the sign, the owner
of the land or structure on which the sign is located, the person in charge of erecting the sign and the
person who has control of the premises on which the signs are erected are all subject to the
provisions and prohibitions contained in the Sign Code.
2. Penalty for Violation.
Any person who violates any provision of the Sign Code shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be subject to a fine of not more than $500.00 for each offense.
Each and every day that a violation to the Sign Code continues shall constitute a separate offense
and shall be punishable as such.
Section 7.12 Protection of First Amendment Rights
Any sign allowed under this Chapter may contain, in lieu of other copy, any lawful, non-commercial message
that does not direct attention to a business operated for profit or to a commodity or service for sale and that
complies with all other requirements of this ordinance.
Section 7.13 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
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Chapter 8
Plat Review Procedures
Section 8.1 Purpose of This Chapter
The purpose of this Chapter is to establish regulations which describe the process for the review and approval
of subdivision plats, but more specifically to:
1. provide for the safe, orderly, and healthful development of the area within the city and within the area
surrounding the city and to promote the health, safety, and general welfare of the community;
2. encourage the orderly development of the city through appropriate growth management techniques
assuring the timing and sequencing of development, promoting in-fill development in existing
neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form
and open space separation of urban areas;
3. encourage appropriate protection to environmentally sensitive areas;
4. ensure that public facilities and services are available provide adequate and efficient transportation,
water, sewerage, drainage and other public facilities.
5. establish standards of design for public facilities, and
6. establish procedures for the review and approval of subdivision plats.
Section 8.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of the following:
1. Chapter 212 - Municipal Regulation of Subdivisions and Properly Development of the Texas Local
Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of
land within the municipality's jurisdiction.
2. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality.
3. The Home Rule Charler of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 8.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 8.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
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Section 8.5 Plat Approval Required
It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of
the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two
or more parts to layout a subdivision, to layout a building lot, or to layout a street, alley, square, park, or
other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots
fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development
without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of
a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed
of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or
by using any other method for purpose of development. A division of land under these regulations does not
include a division of land into parts greater than five acres, where each part has access and no public
improvement is being dedicated. The provisions of this Chapter shall apply to any development which is
intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following
shall be applicable to all subdivisions of land:
1. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent
development of the subdivided land as subject to the control of the City pursuant to the Colleyville
Comprehensive Plan for the orderly, planned, efficient, and economical development of the City.
2. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or
created in violation of this Chapter.
3. All plats and subdivisions shall conform to the rules and regulations set forth herein.
4. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances.
However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the
most restrictive provisions thereof shall apply.
5. The provisions contained in this Chapter, shall be considered as the minimum requirements for
review and approval of a subdivision plat.
Section 8.6 Plat Required for Building Permit
No building permit shall be approved for or certificate of occupancy be issued on any lot, tract or parcel of
land unless and until a plat has been approved in accordance with this Land Development Code, except as
provided as follows:
1. Residential Structures - A building permit for an addition to, or renovation of, an existing residential
structure may be issued on an un-platted lot, provided the value of such proposed construction,
including the cumulative value of any proposed and all previously permitted building permits on the
primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding
the value of the land, as shown on the most current tax roll. Building permits as used herein do not
include electrical, plumbing or similar non-construction activities.
2. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non-
residential structure may be issued on an un-platted lot, provided the value of such proposed
construction, including the cumulative value of any proposed and all previously permitted building
permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing
structure, excluding the value of the land, as shown on the most current tax roll. Building permits as
used herein do not include electrical, plumbing or similar non-construction activities.
3. Plattinq Exemption for Certain Conditions - A building permit for an accessory structure may be
issued on an un-platted lot in the Agricultural zoning district.
4. Public Facilities Available - No building permit for a primary building will be issued until all proposed
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public facilities have been installed and have been approved and accepted by the City or provision
has been made by the developer for such public facilities.
Section 8.7 Procedure for Approval of Subdivisions
8.7 .A ApPROVAL OF PLATS BY STAFF. COMMISSION AND CITY COUNCIL
In accordance with Chapter 212.004 of the Local Government Code, the Planning and Zoning
Commission shall approve all subdivision plats which conform to this Land Development Code. In
addition to the requirement of approval of subdivision plats by the Planning and Zoning Commission, the
City Council shall also be required to approve subdivision plats, except for approval of minor plats or
amending plats.
1. The Planning and Zoning Commission shall approve or disapprove a subdivision application
within thirty (30) days after the date the subdivision application is filed as provided in this Chapter.
A subdivision application is considered approved if the Planning and Zoning Commission fails to
act on a plat within the prescribed period. Provided however, that the subdivider may request a
deferral of action on the subdivision application, thereby waiving the thirty day time period for
action by the Planning and Zoning Commission. Such request shall be submitted in writing by the
subdivider prior to the date of the scheduled Planning and Zoning Commission hearing.
2. Where City Council action is required on a subdivision application as provided in this Chapter, the
action shall be taken within thirty (30) days after the date the subdivision application was
approved by the Planning and Zoning Commission. A subdivision is considered approved if the
City Council fails to act on a plat within the prescribed period. Provided however, that the
subdivider may request a deferral of action on the subdivision application, thereby waiving the
thirty day time period for action by the City Council. Such request shall be submitted in writing by
the subdivider prior to the date of the scheduled City Council hearing.
3. In cases where the City fails to act on a subdivision application within the thirty day time period,
the Administrative Official, upon written request, shall issue a certificate of compliance stating the
date the subdivision was filed and that the City failed to act on the subdivision application within
the specified time.
4. The approval of a plat by the City Council, or in the case of a Minor or Amending plat by the staff
or Planning and Zoning Commission, shall constitute authority for the Chairman and Secretary of
the Planning and Zoning Commission and/or the Mayor and City Secretary, or staff to execute
said plat, and shall constitute approval for recording in the County Clerk's Office of Tarrant
County.
5. In the event of any discrepancy between a plat as approved by the Planning and Zoning
Commission and the City Council, the plat approved by the City Council shall prevail. The
approving body for all subdivision plats shall be in accordance with the following table:
Approving Body Responsible for Approving Plats
Classification of Plat Staff P&Z Council
Preliminary Plats no yes yes
Final Plats no yes yes
Minor Plats no yes no
Amending Plats yes no. no.
. The Planning and Zoning Commission shall have the authority to approve an Amending Plat
which has not been approved by City Staff.
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8.7.B MINOR PLAT ApPROVAL BY COMMISSION
The Planning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as
defined by this Land Development Code, without the additional approval of the City Council. If the
application includes a request for a waiver or modification of a platting regulation, the Planning and
Zoning Commission shall have the authority to approve the request or may elect to present the Minor Plat
and the waiver request to the City Council for consideration.
8.7.C AMENDING PLAT ApPROVAL BY STAFF
The City Manager, or his designee, shall be authorized to approve an Amending Plat as defined by the
Local Government Code. If the application includes a request for a waiver from the subdivision
requirements, the City Manager, or his designee, shall present the amending plat to the Planning and
Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to
approve the Amending Plat or may elect to present the plat to the City Council for consideration.
The City Manager, or his designee, may not disapprove an Amending Plat, but shall refer any Amending
Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the
date the plat is filed.
8.7.D MODIFICATIONS OF CONDITIONS
Where the City finds that extraordinary hardships or practical difficulties may result from strict compliance
with these regulations or the purposes of these regulations may be served to a greater extent by an
alternative proposal, it may approve modifications of conditions to these platting regulations so that
substantial justice may be done and the public interest secured. Such a finding by the City shall not have
the effect of nullifying the intent and purpose of these platting regulations.
8.7.E DETERMINATION OF COMPLETENESS
The Administrative Official responsible for review of subdivision plats shall, upon receipt of a subdivision
application, determine whether or not the subdivision application meets all of the content requirements for
a plat submittal. A subdivision application not meeting all of the plat content requirements of this Chapter
shall be returned to the subdivider within ten (10) working days following the date the application was
submitted indicating the information which is lacking.
8.7.F OFFICIAL PLA T SUBMITTAL DATE
No subdivision application shall be scheduled for action by the City unless it is determined that the
application is complete and in conformance with this Land Development Code. For the purpose of this
Code, the date of the regular meeting of the approving body at which action is considered shall constitute
the official filing date of the plat from which the statutory period requiring approval or disapproval of the
plat shall commence, unless a waiver of the time period is requested by the developer.
8.7.G DEVELOPMENT REVIEW COMMITTEE
The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory
committee to the Planning and Zoning Commission and have responsibility for providing comments and
recommendations on subdivision applications. In addition, the Development Review Committee shall
submit comments and recommendations on vacation of public rights-of-way or easements and site plan
reviews required by this Code. The Administrative Official responsible for subdivision review shall
coordinate the actions of the Development Review Committee.
8.7.H DRC ACTION REQUIRED
Upon receipt of a subdivision application, copies of the subdivision plat shall be distributed to the
Development Review Committee members for technical review. The DRC shall provide written
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comments and recommendations on the proposed development to the Administrative Official within two
(2) weeks following the date of distribution.
The Administrative Official responsible for subdivision review shall compile a report of the written
comments received from the DRC and provide a copy of said report to the subdivider within five (5)
working days after receipt of all staff comments. The subdivider shall submit revised copies of the
subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written
response as to why such modification is not proposed. Upon receipt of the revised subdivision
application or written response from the subdivider, the subdivision application shall be placed on the
agenda of the next available scheduled meeting of the Planning and Zoning Commission for action. The
written comments from the subdivider shall be furnished to the Administrative Official not less than four
(4) working days prior to the meeting of the Planning and Zoning Commission.
8.7.1 CONSISTENCY WITH MASTER PLAN
No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan.
8.7.J COMPLIANCE WITH ZONING
No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable
to the property being platted, unless a rezoning application is pending that will provide consistency with
the proposed development.
8.7.K PUBLIC FACILITIES
No subdivision application shall be approved unless the City determines that public facilities proposed by
the developer will be adequate to support and service the area of the proposed subdivision. The
applicant shall submit sufficient information and data to demonstrate that the proposed public facilities are
adequate for the proposed uses of said subdivision. Public facilities and services to be examined for
adequacy will include drainage facilities, roads, sewage, and water systems. All public facilities shall be
designed and constructed in accordance with the requirements contained in this Land Development
Code. Said proposed public improvements shall conform to and be properly related to the Colleyville
Master Plan and all applicable capital improvement plans, including but not limited to the following:
1. Master ThorouQhfare Plan - All subdivisions shall be designed to coordinate with the right-of-way
widths and street patterns shown on the Master Thoroughfare Plan.
2. Water System - All lots shall be served by a public water system capable of providing water for
health and emergency purposes, including adequate fire protection. Any proposed water system
improvements shall be consistent with the Master Water System Plan.
3. Wastewater Collection System - All lots shall be served by an approved means of wastewater
collection and treatment. Any proposed sewer system improvements shall be consistent with the
Master Wastewater Collection System Plan.
4. Storm Water ManaQement - Drainage improvements shall accommodate potential runoff from the
entire upstream drainage area, based on the ultimate development of the drainage basin, and
shall be designed to prevent increases in downstream flooding. The City may require the use of
control methods such as retention or detention, and/or the construction of offsite drainage
improvements to mitigate the impacts of the proposed developments. Any proposed drainage
system improvements shall be consistent with the Master Storm Water Management Plan.
5. Parks System Plan - All developments shall be consistent with the Parks Development Plan
including all proposed trail systems plans of the City.
8.7.L RECORD MAINTENANCE
The Administrative Official responsible for subdivision review shall maintain a record of each application
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submitted under this Chapter, and the action taken on the application. On written request by a property
owner of an affected tract, the Administrative Official shall certify the reasons for the action taken on the
application.
8.7.M DEDICATION OFFERS
All streets, drainage ways, parks, and other rights-of-way or public easements shown within a
subdivision plat and intended for public use shall be offered for dedication as part of the approval of a
plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated
and available for acceptance by the City in accordance with the requirements of this Section.
1. Whenever a subdivision proposes the dedication of land for public use and the City finds that
such land is not required or is not suitable for public use, the City may either deny the subdivision
application or require the rearrangement of lots to include such land.
2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication
and does not impose on the City any duty regarding the maintenance or improvement of any
dedicated parts until the City Council makes an actual appropriation of the dedicated parts by
entry, use, or improvement.
3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications
shown thereon.
8.7.N NUISANCE ORDINANCES AND OUTSTANDING LIENS
No subdivision plat shall be approved in which the property being considered for development is in
violation of a public nuisance ordinance of the City of Colleyville. No subdivision plat shall be approved
that has an outstanding delinquent lien payable to the City of Colleyville.
8.7.0 DELINQUENT TAXES
No subdivision plat shall be approved in which the property being considered for development has
delinquent taxes due.
8.7.P FRONTAGE ON PUBLIC ACCESS REQUIRED
Every lot shall have frontage on a public street. Said frontage shall not be less than eighty percent (80%)
of the minimum required lot width established for the zoning district. In non-residential areas, access to a
lot with a public access easement that is acceptable by the City as meeting the minimum requirements to
provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of
a public street right-of-way.
8.7.Q PLATS STRADDLING MUNICIPAL BOUNDARIES
Whenever access to the subdivision is required across land in an adjacent city, the Administrative Official
shall coordinate the review of the plat with the adjacent city and the Planning and Zoning Commission
may require written approval from the adjacent city.
8.7.R OFFICIAL CITY MAP
The Administrative Official responsible for subdivision review shall maintain an Official City Map, which
shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be
placed on the Official Map in a timely order and include the names of all streets and street suffix
classifications. Where street name inconsistencies exist, from one subdivision to another, the
Administrative Official shall place on the Official City Map the generally accepted street name, its proper
spelling, and suffix classification. The Administrative Official responsible for subdivision review shall
assign street address ranges for each block and coordinate these with the Office of the Fire Marshal.
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8.7.S ENFORCEMENT OF CHAPTER
In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any
violation of this Chapter by injunction issued by a court of competent jurisdiction.
Section 8.8 Preliminary Plats
8.8.A PRELIMINARY PLAT CLASSIFICATION
Submittal of a Preliminary Plat is the first of a two step process for approval of a subdivision plat. The
Preliminary Plat procedure shall be used when the property proposed for development is not platted as
defined in this Chapter. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit
an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land
before proceeding to the final platting process.
8.8.B PLA TTING ALL LAND IN COMMON OWNERSHIP
The Preliminary Plat shall include all contiguous holdings of the owner, including land in "common
ownership" as defined in this Chapter, with an indication of the portion which is proposed for subdivision.
8.8.C PHASING OF PRELIMINARY PLATS
In the event that the property indicated is to be final platted in phases, the Preliminary Plat shall clearly
indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally
comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase
lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to further
final platting of property.
8.8.D EFFECT OF ApPROVAL
Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the
Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all
revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning
Commission and/or City Council which were made a condition of approval. Approval of the Preliminary
Plat shall not constitute final acceptance or approval of the subdivision but shall constitute authority to
proceed with the Final Plat process as described in this Chapter.
8.8.E EXPIRATION OF ApPROVAL
Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a
Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The
approving body may approve a time extension upon written request from the developer or may waive the
twelve month termination period when the Final Plat is determined to be consistent with the approved
Preliminary Plat and no additional standards have been adopted by the City.
8.8.F RE-SUBMITT AL OF PRELIMINARY PLAT
When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design
for approval, following the same procedures as required for the original application, including the payment
of application fees.
8.8.G PRELIMINARY PLAT EXHIBITS
The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official
responsible for subdivision review, which shall contain the following exhibits to be considered complete:
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1. Preliminary Plat Application - The application shall be on forms furnished by the Administrative
Official. If the applicant is not the official owner of record, written authorization from the property
owner is required.
2. Preliminary Plat Drawing - The plat drawing shall contain the information listed in Section 8.14-
Required Plat Information, where applicable.
3. Preliminary Drainage Analysis - The subdivider shall submit a Preliminary Drainage Analysis to
determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared
in accordance with drainage analysis requirements contained in Chapter 14 - Engineering Design
Standards of this Land Development Code. The Planning and Zoning Commission shall not
recommend for approval any plat which does not provide adequate facilities to accommodate
stormwater runoff.
4. Preliminary Utility Plan - The subdivider shall submit a preliminary utility plan which shall indicate
the general location and approximate sizes of all existing and proposed public utilities. The size
of all proposed water and sewer lines shall be determined using the design criteria contained in
Chapter 14 - Engineering Design Standards of this Land Development Code.
5. Tree Preservation Plan - The subdivider shall submit a tree surveyor an aerial photograph
indicating the general coverage of trees. Where trees are proposed for removal, the subdivider
shall submit a tree replacement plan. The tree survey, aerial photograph and tree replacement
plan shall be in accordance with Chapter 5 - Tree Preservation of this Land Development Code.
6. Nuisance Compliance Certification - The subdivider shall submit a certification from the city code
compliance officer indicating the status of the property regarding public nuisances.
7. Fees - The applicant shall pay the applicable plat application fee when the application is
submitted to the Administrative Official.
8.8.H GRADING SITE PRIOR TO FINAL ApPROVAL
Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval
of said permit may commence construction to the grades and elevations required by the Preliminary Plat.
Section 8.9 Final Plats
8.9.A FINAL PLAT CLASSIFICA nON
Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final
Plat procedure shall be used when the property proposed for development has been previously approved
as a Preliminary Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat
procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the
subdivision.
8.9.B FINAL PLA T PREREQUISITES
Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the
agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously
approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an
application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved
and incorporate any and all changes, modifications, corrections and conditions imposed by the prior
approval. A Final Plat will not be presented to the approving body for consideration, which fails to
incorporate the recommendations of the Preliminary Plat approval.
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land Development Code
Collevville. Texas
8.9.C FINAL PLAT EXHIBITS
City of
The subdivider shall file an application for approval of a Final Plat with the Administrative Official
responsible for subdivision review, which shall contain the following exhibits to be considered complete:
1. Final Plat Application - The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Final Plat Drawing - The plat drawing shall contain the information contained in Section 8.14 _
Required Plat Information of this Land Development Code.
3. Drainage Study - When the Preliminary Drainage Analysis has determined that drainage facilities
and related improvements are required, the applicant shall submit a Drainage Study with
engineering drawings which shall conform to the technical specifications contained in Chapter 14
- Engineering Design Standards of this Land Development Code. The Planning and Zoning
Commission shall not recommend for approval any plat which does not provide adequate facilities
to accommodate stormwater runoff.
4. Construction Drawings - When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Final Plat for approval by the
City. The construction drawings shall conform to the technical specifications contained in
Chapter 14 - Engineering Design Standards of this Land Development Code and shall be
prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of
Texas.
5. Tree Preservation Plan - If not previously submitted, the subdivider shall submit a tree surveyor
an aerial photograph indicating the general coverage of trees. Where trees are proposed for
removal, the subdivider shall submit a tree replacement plan. The tree survey, aerial photograph
and tree replacement plan shall be in accordance with Chapter 5 - Tree Preservation of this Land
Development Code.
6. Nuisance Compliance Certification - The subdivider shall submit a certification from the city code
compliance officer indicating the status of the property regarding public nuisances.
7. Taxes Paid Certfication - The applicant shall submit evidence from all local public taxing entities
indicating that no delinquent taxes are due.
8. Fees - The applicant shall pay the applicable plat application fee when the application is
submitted to the Administrative Official.
8.9.D RECORDING OF FINAL PLA TS
The City shall record the plat with the Tarrant County Clerk's Office when the following are complete:
1. The plat has been drawn on mylar reproducible film or other permanent material and has been
signed by the Planning and Zoning Commission Chairman and Secretary and/or the Mayor and
City Secretary, or staff, as applicable;
2. All necessary fiscal agreements have been approved by the City;
3. All fees have been received; and
4. The Director of Public Services has approved all engineering plans and specifications.
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Page 8 - 9
Section 8.10 Minor Plats
land Development Code
C II 'II T
City of
8.10.A MINOR PLAT CLASSIFICATION
The Minor Plat procedure shall be used when the property proposed for development is not platted,
contains four (4) or fewer lots, will not create a new street and conforms to the requirements of this
Chapter. The purpose of the Minor Plat procedure is to allow a subdivider to combine the Preliminary and
Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new
public street is created.
8.10.B PLATTING ALL LAND IN COMMON OWNERSHIP
The Minor Plat shall include all contiguous holdings of the owner including land in "common ownership"
as defined in this Code, with an indication of the portion which is proposed for subdivision.
8.10.C MINOR PLAT EXHIBITS
The subdivider shall file an application for approval of a Minor Plat with the Administrative Official
responsible for subdivision review, which shall contain the following exhibits to be considered complete:
1. Minor Plat Application - The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Minor Plat Drawing - The plat drawing shall contain the information contained in Section 8.14 -
Required Plat Information of this Land Development Code.
3. Drainage Study - The subdivider should discuss with the city engineer the need to submit a
Preliminary Drainage Analysis to determine the need for drainage facilities or a Drainage Study
with engineering drawings. Any Preliminary Drainage Analysis or Drainage Study shall be
prepared in accordance with drainage improvement requirements contained in Chapter 14 -
Engineering Design Standards of this Land Development Code. The Planning and Zoning
Commission shall not recommend for approval any plat which does not provide adequate facilities
to accommodate stormwater runoff.
4. Construction Drawings - When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the plat for approval by the City.
The construction drawings shall conform to the technical specifications contained in Chapter 14-
Engineering Design Standards of this Land Development Code and shall be prepared and sealed
by a Registered Professional Engineer, licensed to practice in the State of Texas.
5. Tree Preservation Plan - The subdivider shall submit a tree surveyor an aerial photograph
indicating the general coverage of trees. Where trees are proposed for removal, the subdivider
shall submit a tree replacement plan. The tree survey, aerial photograph and tree replacement
plan shall be in accordance with Chapter 5 - Tree Preservation of this Land Development Code.
6. Nuisance Compliance Certification - The subdivider shall submit a certification from the city code
compliance officer indicating the status of the property regarding public nuisances.
7. Taxes Paid Cerfication - The applicant shall submit evidence from all local public taxing entities
indicating that no delinquent taxes are due.
8. Fees - The applicant shall pay the applicable plat application fee when the application is
submitted to the Administrative Official.
8.10.D RECORDING OF MINOR PLAT
The City shall record the plat with the Tarrant County Clerk's Office when the following are complete:
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Collevville. Texas
City of
1. The plat has been drawn on mylar reproducible film or other permanent material and has been
signed by the Planning and Zoning Commission Chairman and Secretary;
2. All necessary fiscal agreements have been approved by the City;
3. All fees have been received; and
4. The Director of Public Services has approved all engineering plans and specifications, if
applicable.
Section 8.11 Replats
8.11.A REPLAT CLASSIFICATION
The Replat procedure shall be used when a previously platted property is proposed for redevelopment.
A Replat may include an additional parcel of un-platted property when the size of the un-platted portion
does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision
review shall review each Replat application and determine whether or the not the size of the un-platted
portion of the proposed development warrants the submittal of a Preliminary Plat.
8.11.B REPLAT EXHIBITS
The subdivider shall file an application for approval of a Replat with the Administrative Official responsible
for subdivision review, which shall contain the following exhibits to be considered complete:
1. Replat Application - The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Replat Drawing - The plat drawing shall contain the information contained in Section 8.14 -
Required Plat Information of this Land Development Code.
3. Drainage Study - The subdivider should discuss with the city engineer the need to submit a
Preliminary Drainage Analysis to determine the need for drainage facilities or a Drainage Study
with engineering drawings. Any Preliminary Drainage Analysis or Drainage Study shall be
prepared in accordance with the requirements contained in Chapter 14 - Engineering Design
Standards of this Land Development Code. The Planning and Zoning Commission shall not
recommend for approval any plat which does not provide adequate facilities to accommodate
stormwater runoff.
4. Construction Drawings - When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Replat for approval by the
City. The construction drawings shall conform to the technical specifications contained in
Chapter 14 - Engineering Design Standards of this Land Development Code and shall be
prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of
Texas.
5. Tree Preservation Plan - The subdivider shall submit a tree surveyor an aerial photograph
indicating the general coverage of trees. Where trees are proposed for removal, the subdivider
shall submit a tree replacement plan. The tree survey, aerial photograph and tree replacement
plan shall be in accordance with Chapter 5 - Tree Preservation of this Code.
6. Nuisance Compliance Certification - The subdivider shall submit a certification from the city code
compliance officer indicating the status of the property regarding public nuisances.
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land Development Code City of
Collevville. Texas
7. Taxes Paid Cerfication - The applicant shall submit evidence from all local public taxing entities
indicating that no delinquent taxes are due.
8. Fees - The applicant shall pay the applicable plat application fee when the application is
submitted to the Administrative Official.
8.11.C ADDITIONAL CRITERIA FOR RE-PLA TTTING
The following additional criteria for approval shall apply in the re-subdivision of an existing plat, without
vacating the immediate previous plat:
1. A public hearing shall be required on the Replat at which interested parties and citizens have an
opportunity to be heard.
2. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five
years, was limited by any interim or permanent zoning classification to residential use for not
more than two residential units per lot, or if any lot in the immediate previous subdivision was
limited by deed restriction to residential use for not more than two residential units per lot, notice
of the public hearing shall be given in advance in the following manner:
a. Publication at least 15 days before the date of the hearing in a newspaper of general
circulation in the City.
b. A written notice (with a copy of paragraph (2) attached) of the public hearing shall be
forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the
ownership appears on the last approved ad valorem tax roll) of all lots in the immediate
preceding plat that are within 200 feet of the lots to be re-platted. The notice may be served
by depositing it properly addressed and postage paid, in the United States post office.
3. If the proposed replat requires a waiver of a requirement and is protested in accordance with this
section, the proposed replat must receive, in order to be approved, the affirmative vote of at least
three-fourths of the members present of the Planning and Zoning Commission and/or City
Council. For a legal protest, written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered by the proposed replat and
extending 200 feet from that area, but within the original subdivision, must be filed with the
Planning and Zoning Commission and City Council prior to the closing of the public hearing. In
computing the percentage of land area, the area of streets and alleys shall be included.
4. Compliance with paragraphs (2) & (3) is not required for approval of a replat or a portion of a prior
plat if the area to be re-platted was designated or reserved for other than single or duplex family
residential use by notation on the last legally recorded plat or in the legally recorded restrictions
applicable to the plat.
8.11.D RECORDING OF A REPLA T
The City shall record the plat with the Tarrant County Clerk's Office when the following are complete:
1. The plat has been drawn on mylar reproducible film or other permanent material and has been
signed by the Planning and Zoning Commission Chairman and Secretary;
2. All necessary fiscal agreements have been approved by the City;
3. All fees have been received; and
4. The Director of Public Services has approved all engineering plans and specifications, if
applicable.
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City of
Section 8.12 Amending Plats
8.12.A AMENDING PLA T CLASSIFICA TION
The Amending Plat procedure shall be used when making a minor change to an existing subdivision.
These changes must not be substantive, nor create any new lots. Notice, public hearing, and the
approval of other lot owners is not required for the approval of an Amending Plat.
8.12.B AMENDING PLAT PROCEDURES
The City is authorized to approve an Amending Plat which is signed by the property owners, and which is
for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice,
hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section
shall be approved if the sole purpose of the Amending Plat is to:
1. Correct an error in any course or distance shown on the prior plat;
2. Add any course or distance that was omitted on the prior plat;
3. Correct an error in the description of the real property shown on the prior plat;
4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged
with the responsibilities for setting monuments;
5. Show the proper location or character of any monument which has been changed in location or
character or which originally was shown at the wrong location or incorrectly as to its character on
the prior plat;
6. Correct any other type of scrivener or clerical error or omission as previously approved by the
City; such errors and omissions may include, but are not limited to, numbers, acreage, street
names and identification of adjacent recorded plats;
7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot
owners join in the application for plat amendment, and neither lot is abolished; provided that such
amendment does not attempt to remove recorded covenants or restrictions and does not have a
material adverse effect on the property rights of the other owners in the plat;
8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on
a lot line or on an easement;
9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of
all such lots join in the application for the plat amendment, provided that such amendment does
not:
a. Attempt to remove recorded covenants or restrictions; or
b. Increase the number of lots; or
c. Remove or otherwise abandon any easement or right-of-way.
10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or
part of the subdivision covered by the preceding plat if;
a. the changes do not affect applicable zoning and other regulations of the municipality;
b. the changes do not attempt to amend or remove any covenants or restrictions; and
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Collevvifle. Texas
c.
City of
the area covered by the changes is located in an area that the municipal planning
commission or other appropriate governing body of the municipality has approved, after a
public hearing, as a residential improvement area; or
11. To replat one or more lots fronting on an existing street if:
a. the owners of those lots join in the application for amending the plat;
b. the amendment does not attempt to remove recorded covenants or restrictions;
c. the amendment does not create or require creation of a new street or make necessary the
extension of municipal facilities.
8.12.C AMENDING PLA T EXHIBITS
The subdivider shall file an application for approval of an Amending Plat with the Administrative Official
responsible for subdivision review, which shall contain the following exhibits to be considered complete:
1. Amending Plat Application - The application shall be on forms furnished by the Administrative
Official responsible for subdivision review. If the applicant is not the official owner of record,
written authorization from the property owner is required.
2. Amending Plat Drawing - The plat drawing plat contain the information contained in Section 8.14
- Required Plat Information of this Land Development Code, where applicable.
3. Drainage Study - The subdivider should discuss with the city engineer the need to submit a
Preliminary Drainage Analysis to determine the need for drainage facilities or a Drainage Study
with engineering drawings. Any Preliminary Drainage Analysis or Drainage Study shall be
prepared in accordance with the requirements contained in Chapter 14 - Engineering Design
Standards of this Land Development Code. The Planning and Zoning Commission shall not
recommend for approval any plat which does not provide adequate facilities to accommodate
stormwater runoff.
4. Construction Drawings - When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the plat for approval by the City.
The construction drawings shall conform to the technical specifications contained in Chapter 14-
Engineering Design Standards of this Land Development Code and shall be prepared and sealed
by a Registered Professional Engineer, licensed to practice in the State of Texas.
5. Nuisance Compliance Certification - The subdivider shall submit a certification from the city code
compliance officer indicating the status of the property regarding public nuisances.
6. Taxes Paid Certification - The applicant shall submit evidence from all local public taxing entities
indicating that no delinquent taxes are due.
7. Fees - The applicant shall pay the applicable plat application fee when the application is
submitted to the Administrative Official.
8.12.D RECORDING AN AMENDING PLAT
The City shall record the plat with the County Clerk's Office when the following are complete:
1. The plat has been drawn on mylar reproducible film or other permanent material and has been
signed by the Administrative Official authorized to approve an Amending Plat;
2. All necessary fiscal agreements have been approved by the City;
3. All fees have been received; and
Chapter 8 - Plat Review Procedures
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land Development Code
Collevville. Texas
City of
4. The Director of Public Services has approved all engineering plans and specifications, if
applicable.
Section 8.13 Vacation of Plats
A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold.
If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of
lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat.
Section 8.14 Required Plat Information
The applicant requesting subdivision plat approval shall submit the required number of copies of a plat
drawing as determined by the Administrative Official and which complies with this Section.
1. All plat drawings shall contain the following information where applicable:
a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of
record.
b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the
plat which shall contain the seal of a Texas Registered Professional Land Surveyor.
c. Subdivision Name - If the land to be platted is within an existing subdivision, that plat may take
the name of the existing subdivision, subject to the approval of the City. The name of the
proposed subdivision shall be clearly shown with large letters and shall not be a duplication of
any existing subdivision name, whether by spelling or pronunciation, or similar to any other
subdivision within the City. Preceding the name of the subdivision shall be a Title Block indicating
whether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat.
d. Location Map - A location map showing the tract by reference to streets or highways.
e. Date - The date the plat was prepared.
f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1)
inch equals one hundred (100) feet unless approved by the Administrative Official responsible for
subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow
indicating the approximate true north.
g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as
to provide a differentiation with the internal features of the area being proposed for platting. The
location and dimensions of all boundary lines of the property shall be expressed to the nearest
hundredth foot.
h. Metes and Bounds Description - A written metes and bounds description of the property shall be
shown on the plat and be capable of reproducing such lines upon the ground with a closure error
of less than 1 :25,000. The legal description shall include reference to an original surveyor
subdivision corner, and the Texas NAD83 State Plane Coordinate System. The legal description
shall include the acreage of the total area of the proposed subdivision and be consistent with the
subdivision boundary. The legal description shall contain information to show the last instrument
conveying title to each parcel of property involved in the proposed subdivision, giving grantor,
grantee, date, and land records reference.
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land Development Code City of
Collevville. Texas
i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to
and contiguous with the perimeter of the proposed subdivision and extending one hundred (100)
feet shall be shown with the names of the owners as shown on the most current Tax Assessor's
files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of
adjoining streets are to be shown. The plat or deed recording information shall be shown.
j. Street Rights-or-Way - The width of all public street rights-of-way shall be shown on the plat. The
general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions
shall be shown for all curves. The distance from the centerline of any existing roadway of a
boundary street to the proposed subdivision shall be shown to determine the adequacy of right-
of-way along the route and to determine if additional right-of-way is necessary to accommodate
the proposed street.
k. Permanent Structures - The location and general outline of any existing permanent structures
with sufficient dimensions to determine building line encroachments. Any permanent structures
which encroach any building set-back lines that will remain after completion of the development
shall be shown on the drawing with appropriate dimensions.
I. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all
lots in accordance with the requirements of the applicable zoning district. Side yard building set-
back lines shall be indicated by dashed lines on the side yards of lots with side street frontage.
Additional building set-back may be required by the City. Existing building set-back lines on
adjacent properties shall be shown, where applicable.
m. City Limit Lines - The location of the city limit boundaries of the City of Colleyville and any
adjacent city shall be shown on the plat.
n. Easements - The location and dimension of all existing or proposed easements shall be shown
on the plat drawing indicating whether such easement is for any specific purpose. General
easements for the use of public utilities of not less than seven and one-half (7.5') feet in width
shall be provided along each side of all rear property lines. If necessary for the extension of
water or sewer mains, storm drainage or other utilities, easements of greater width may be
required along lot lines or across large lots. In all cases, easements shall connect with
easements already established on adjoining properties or extend to connect with a public right-of-
way. No lot shall be shown with an easement which prevents proper development and full
utilization of the lot as a suitable building site for the intended zoning district.
o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in
alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or
lettered consecutively through the several sections or phases. Lettering for blocks shall be larger
and bolder than lot numbers or circled to make identification clear. Any lot or block which is
planned as an 'out-parcel' shall be numbered and designated on the plat with notation regarding
any development restrictions.
p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County
Clerk's Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be
eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one-
half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one
(1) sheet is used and an index sheet provided with match lines.
q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes
and Plat Conditions in a readily identifiable location with each note numbered consecutively.
r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public
use or common reservation shall be shown on the plat drawing, with designation of the purpose
thereof, and conditions, if any, of the dedication or reservation.
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Land Development Code City of
Collevville. Texas
s. Street Names - All street names shall be shown on the plat. New street names shall be
sufficiently different in sound and in spelling from other street names in the city to avoid
confusion. The continuation of an existing street shall bear the same name.
t. Phasing of Plats - The plat drawing shall indicate any phasing of the proposed subdivision.
Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing,
unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter.
However, a subsequent reduction of a phase may be considered provided that it conforms to the
original street arrangement.
u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and
the exact dimension shown on all other plats with accuracy to one-hundredth's of one foot. The
dimensions shall be sufficient to verify compliance with the minimum requirements of the
applicable zoning district.
v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on
the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is
located in the 100 year flood-prone area, the developer will be required to comply with the Flood
Damage Prevention Ordinance.
w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall
be indicated with bearing and distance.
x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat.
y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for
the boundary of the subdivision. The notes shall be referenced in the same manner as the plat.
z. Certification Blocks - All plats shall contain the appropriate certification blocks which shall be
similar to those shown.
Planning and Zoning Commission Approval
WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _ day of
, 20_, to approve this Plat.
Chairman, Planning and Zoning Commission
Attest: Secretary, Planning and Zoning Commission
City Council Approval
Whereas the City Council of the City of COlleyville, Texas voted affirmatively on this
, 20_, to approve of this Plat.
day of
Mayor, City of Colleyville
Attest: City Secretary
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Collevville. Texas
City of
Staff Approval Authority
This amending plat is approved in accordance with Section 212.0065ofthe Texas
Local Government Code and the City of Colleyville Subdivision Regulations
Date
Community Development Manager
Director of Public Services
Dedication Certificate
WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas,
and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows:
(metes and bounds description)
NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and
addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets,
rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and
accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep
removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere
with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all
times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing,
inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all
platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.
Witness our hands this
day of
,20_.
Owners Name
STATE OF TEXAS }{
COUNTY OF TARRANT }{
Before me, the undersigned Notary Public in and for said county and State on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office this _ day of
,20_.
Notary Public in and for Tarrant County
(affix seal)
My printed name
My commission expires:
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land Development Code
Collevville. Texas
City of
Surveyor's Certification
KNOW ALL MEN BY THESE PRESENTS:
That I, ' a Registered Professional Land
Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared
from an actual survey made under my supervision on the ground.
Signature
Date
(Affix Seal)
Section 8.15 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
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land Development Code
City of Collevville, Texas
Chapter 10
Private Streets and Entrance Gates
n_'_
.~, 00
Section 10.1 Purpose of This Chapter
The purpose of this Chapter is to establish regulations for gated subdivisions with privately owned streets.
Section 10.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the following authority:
1. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local
Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of
land within the municipality's jurisdiction.
2. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or pOlice regulations that are for the good
government, peace, or the trade and commerce of the municipality.
3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 10.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 10.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
Section 10.5 Council Authority and Procedure
lO.5.A AUTHORITY
The City Council, after receiving recommendations from the Planning and Zoning Commission and
holding a public hearing, may grant a variance to allow approval of a plat or replat of a subdivision which
includes private streets and entrance gates, provided that the subdivision complies with the minimum
requirements listed below plus any other requirements deemed necessary by the City Council in order to
protect public health and safety. The terms "private street" or "private streets" shall be inclusive of streets,
alleys, storm drainage systems, entrance gates and structures.
lO.S.B PUBLIC HEARINGS REQUIRED
A request for a subdivision with private streets must be reviewed by the Planning and Zoning Commission
and City Council with each body holding a public hearing. Written notices of all such public hearings shall
be sent to all owners of real property lying within 200 feet of the proposed subdivision with private streets.
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City of Collevville. Texas
Such notices to be given not less than ten (10) days before the day set for hearing, as listed on the last
approved City tax roll. Such notice may be served by depositing letters properly addressed and postage
paid in the City Post Office. The applicant will be sent notice by registered mail. The Planning and
Zoning Commission will act in an advisory capacity to the City Council in this matter. A subdivision with
private streets and alleys is permitted only after a final decision has been made by the City Council to
issue a private street permit.
Section 10.6 Conditions of Approval
lO.6.A PLANNING CONSIDERATIONS
1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used,
maintained or constructed as private streets.
2. A subdivision with private streets and alleys must not impede or cross an existing or proposed
street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final
plats.
3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or
proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on
the City's most recent Park Plan.
4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty
(80) feet of contiguous frontage upon a public street.
5. The proposed subdivision with private streets must be zoned for residential purposes in
accordance with the Colleyville Land Development Code, and contain twenty (20) single-family
lots or greater.
lO.6.B PUBLIC ACCESS CONSIDERATIONS
In addition to the above conditions of approval, the Planning and Zoning Commission may recommend
denial and the City Council may reject a request for a subdivision with private streets if in the
Commission's and Council's judgment the private streets would negatively affect traffic circulation on
public streets, impair access to properties or future developments that are either on-site or off-site to the
subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay
the response time of emergency vehicles.
lO.6.C PRIVATE STREET AND DRAINAGE DESIGN AND CONSTRUCTION STANDARDS
Private streets must conform to the same standards regulating the design and construction of public
streets. These standards shall include, but are not limited to the concrete street standards, engineering
design guidelines and construction standards and details, street naming and addressing policy. The
drainage system must meet all the requirements of public facilities, including sizing to carry upstream
loads, metered discharges, etc.
lO.6.D TRAFFIC SIGNS
All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic
Control Devices.
lO.6.E HOMEOWNERS ASSOCIA TIONS (HOA) REQUIRED
A subdivision developed with private streets must have a mandatory HOA which includes all properties
served by the private streets. The association shall own and be responsible for the maintenance of the
private streets and appurtenances. The association's document must indicate that the streets and
drainage systems within the development are private, owned and maintained by the association, and that
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the City has no obligation to maintain the private streets and drainage systems. The documents shall be
filed of record prior to the approval of the final plat. Lot deeds must convey membership in the
association and provide for the payment of dues and assessments required by the association. The
association must not be dissolved without the prior written consent of the City. No portion of the
association's documents pertaining to the maintenance of the private streets and assessments thereto
shall be amended without the written consent of the City.
10.6.F RESERVE FUND
The HOA shall establish a reserve fund for the maintenance and reconstruction of the private streets,
drainage facilities, and related appurtenances. The reserve fund should be accounted for separately from
other funds maintained for annual operating expenses of the association in order to better demonstrate
that the amounts deposited therein are intended for capital improvements. The HOA shall, no later than
January 31st of each year, submit to the City a copy of the reserve fund statement for the preceding
calendar year. The annual contribution to the reserve fund shall be a minimum of $75.00 per lot, or as
otherwise determined by the City Council. The City shall have authority to inspect all streets, drainage
facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital
facilities. The City requires that the HOA employ an engineering firm to estimate the cost of replacement
based on inflation, original design and construction and the age of the facilities. The HOA shall repair all
drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council.
Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or
downstream from the development may result in the completion of needed repairs by the City with an
assessment of all costs plus interest accrued from the time the City installs the improvements until all
funds are collected. HOA documents must detail this City authority and shall not be amended without
City approval.
10.6.G PRIVATE STREET LOT
Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the
City's standards for public street and alley right-of-way. An easement covering the street lot must be
granted to the City providing unrestricted use of the property for utilities and the maintenance of same.
This right shall extend to all utility providers including telecable companies operating within the City. The
easement must also provide the City with the right of access for any purpose related to the exercise of a
governmental service or function, including but not limited to fire and police protection, inspection and
code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the
private street lot that impairs emergency access.
10.6.H CONSTRUCTION AND MAINTENANCE COST
The City shall not pay for any portion of the cost of constructing or maintaining a private street.
10.6.1 CITY UTILITIES
Water, sewer, storm drainage facilities placed within the private street and alley lot shall be installed to
city standards. After completion and acceptance of such facilities, the water and sewer facilities shall be
dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and
maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing,
performance bonds, developer cost participation and capital cost recovery shall apply to developments
with private streets. Any and all city executable maintenance bonds covering subdivision construction
shall be transferred to the HOA upon approval of the private street subdivision by the City Council.
10.6.J PLANS & INSPECTIONS
Proposed subdivision with private streets must submit to the City the same plans and engineering
information required to construct public streets, utilities and related appurtenances. Requirements
pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision
shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the
private streets and related appurtenances at any time, and require the HOA to provide the repairs needed
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to ensure emergency access. The City Council shall be the final judge of whether such repairs are
needed.
10.6.K ACCESS RESTRICTIONS
Guard houses, access control gates and cross arms may be constructed. All restricted access entrances
must be manned 24 hours every day, or provide an alternative means of ensuring access to the
subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to
maintain reliable access as required to provide city or utility services, the City shall have the right to enter
the subdivision and remove any gate or device which is a barrier to access at the sole expense of the
HOA, subject to approval by the City Council. The HOA's documents must contain provisions in
conformity with this paragraph which must not be amended without the written consent of the City.
10.6.L RESTRICTED ACCESS ENTRANCE DESIGN STANDARDS
Any private street which has an access control gate or cross arm must have a minimum uninterrupted
pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it
must have a minimum height above the road surface as required by the Fire Code for fire lanes. The
design of all gates, cross arms and access control devices, including automatic opening systems and
manual backup systems, must meet City guidelines or policies and must be approved by the City prior to
installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to
being put into operation. Gate designs may incorporate one or two gate sections to meet the required
minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure
that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if
approved by the City, but in no case shall any single gate or street pavement have a clear opening of less
than 18 feet.
All restricted access entrances shall be equipped with the Opticom gate opening system. The system
shall be maintained by the HOA in good working condition at all times.
10.6.M VISITOR ENTRANCE DESIGN STANDARDS
At least one entrance per subdivision with private streets must be equipped for visitor access. In addition
to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with
a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors
calling in and automobile queuing. The City reserves the right to require the developer to provide a
detailed study to determine if the traffic generated by the proposed development will warrant the call or
code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient
vehicle storage or queuing space. A turn-around space with a minimum outside radius of 30 feet must be
located between any call or code box and access control gate or cross arm to allow vehicles denied
access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge
of such turn around space to prohibit vehicle parking in such space. Residents entrance used in
combination with a visitor entrance shall comply with the requirements of this paragraph.
10.6.N RESIDENT ONLY ENTRANCE DESIGN STANDARDS
In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross
arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50
feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances
equipped with an electronic opener that allows residents to remotely open the control access gate or
cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign
must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this
paragraph and does not provide a turn-around space with a minimum outside radius of 30 feet to indicate
that it is for resident use only and not for visitors.
10.6.0 HOLD HARMLESS
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City of Collevville. Texas
The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner
of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the
City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits
for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever
kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the
reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by
the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets,
private street lights, private entrance gates or structures, private walls or fences, private pedestrian
access, private storm drainage systems and emergency access; or c) any use of the subdivision with
private streets by the City, its officers, agents, licensees, servants and employees for any purpose related
to the exercise of a governmental function or service, whether or not caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or
invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in
this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this
paragraph must not be amended without the written consent of the City.
10.6.P REVOCATION OF PRIVATE STREET PERMIT
The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after
holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if
the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to
provide reliable emergency access. The revocation of a private street permit shall give the City the right
to inspect the private streets and levy an assessment upon each lot on a pro-rata basis for the expense of
needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each
assessment is made. The City Council shall be the final judge of whether repairs are needed. The City
shall also have the right to require, at the HOA's expense, the removal of guard houses, access control
devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked,
the HOA will forfeit to the City the remaining balance of the reserve fund established for the maintenance
and improvement of all streets and utilities within the subdivision. If the reserve fund is insufficient, the lot
owners will be assessed the difference for appropriate maintenance. The HOA's documents must
provide for the City's right to require said assessment and removal of improvements. Those portions of
the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended
without the written consent of the City.
10.6.Q PETITION TO CONVERT TO PUBLIC STREETS
The HOA may petition the City Council to accept private streets as public streets and right-of-ways upon
written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's
membership indicating approval. However, in no event shall the City be obligated to accept the private
streets as public. Should the City Council elect to grant the petition, the City shall have the right to
inspect the private streets and estimate the expense of repairing the private streets and removing gates,
guard houses, access control devices, landscaping or other amenities located within the private street lot.
The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance.
Before approval by the City Council, the petitioners or their designee must contract with the City for
payment of 100% of the City's estimated expenses.
10.6.R PETITION TO CONVERT TO PRIVATE STREETS
The homeowners may petition the City Council to convert public streets to private streets upon written
notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the
neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must
have a mandatory HOA which includes all properties proposed to be served by the private streets.
However, in no event shall the City be obligated to convert public streets to private streets. Should the
City Council elect to grant the petition, the City shall receive documentation of an acceptable plan
whereby a reserve fund of the appropriate amount is set up for implementation by the HOA.
10.6.S CITY ATTORNEY REVIEW
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All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to
this and other applicable City policies prior to being filed of record at the County. The developer of a new
subdivision shall pay for the cost of the City Attorney's review.
lO.6.T SUBDIVISION PLAT REQUIREMENTS
The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-
B" must be provided in all final plats for subdivisions with private streets."
lO.6.U PERMIT FEE
To defray the cost of processing the application, and maintaining City owned electronic emergency
equipment, a partially refundable fee of $700 shall be presented upon application for approval of a
private street subdivision. If the application is denied by City Council, $500 shall be refunded to the
applicant."
EXHIBIT "10-A"
PLAT DEDICATION CERTIFICATE
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT:
THAT , acting by and through the undersigned, its duly authorized
agent, does hereby adopt this plat designating the hereinabove described real property as
, an addition to the City of Colleyville, Tarrant County, Texas,
and does hereby dedicate to the public's use the emergency access and utility easements shown thereon
subject to the conditions of approval stated herein.
WITNESS MY HAND at Colleyville, Tarrant County, Texas, this
day of
,199_.
(provide name and title)
EXHIBIT "10-B"
CONDITIONS OF APPROVAL:
1. Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners
Association (HOA) of . No building permit will be issued for Lot 1,
Block A.
2. The landowners and any subsequent owners of lots shown herein (the LJLot OWnerSI]), jointly and
severally, shall be responsible and liable for the construction, operation and maintenance of any
private common areas or facilities in the addition created herein (the LlAdditionlJ), including but not
limited to private streets, private entrance gates or structures, private walls and fences, private
pedestrian access, private storm drainage systems, private lake, private open space and
landscaping, and emergency access.
3. A HOA shall be established by the subdivider or developer to operate and/or maintain the
aforementioned private common areas or facilities.
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City of Collevville. Texas
4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the
aforementioned private common areas or facilities. The City will maintain only the public water and
sewer systems in utility easements accepted by the City.
5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the
aforementioned public water and sewer systems in utility easements accepted by the City.
6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to
and from and upon the utility easements shown herein for the purpose of construction, reconstruction,
inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems.
Except for private storm drainage systems, private streets and related entrance gates or structures
that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements
or growths shall be constructed or placed upon, or across said public utility easements. Any public
utility entity, including the City, shall have the right to remove and keep removed all or parts of any
buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way
endanger or interfere with its respective systems within said utility easements.
7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that
impairs emergency access in the emergency access easements shown herein.
8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to
and from and upon the private access easements shown herein for any purpose related to the
exercise of a governmental service or function.
9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities
for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or
structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata
share formula.
10. The construction, reconstruction or repair of any private streets within the Addition must meet the
approval of the City Engineer and comply with the specifications of the City for public streets at the
time of construction, reconstruction or repair. The construction, reconstruction or repair of any
entrance gate and structure for the Addition must meet the approval of the Engineering Department
and Fire Department of the City.
11. The installation or replacement of all traffic regulatory signs along the private streets must conform to
the Texas Manual of Uniform Traffic Control Devices.
12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: A) THE REASONABLE USE OF THE
PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR
STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND
EMPLOYEES; B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR
STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE
STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR C) ANY USE OF THE ADDITION
BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY
PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE
FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH.
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City of Collevville. Texas
Section 10.7 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date
Subject
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land Development Code
CitY of Collevville. Texas
Chapter 11
Park Land Dedication
n~':
00
Section 11.1 Purpose of This Chapter
The purpose of this Chapter is to ensure that there will be sufficient land dedicated or otherwise set aside to
meet the demand and need of the future residents for open space and parks. In determining the size, shape
and quality of open space and park areas that should be set aside and reserved in the manner set out in this
section, the City has considered the projected growth in population and development within the municipality
and the amount of open space and park and recreational facilities needed to accommodate such growth as
stated in the Parks and Recreation Master Plan.
Section 11.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the following authority:
1. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local
Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of
land within the municipality's jurisdiction.
2. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality.
3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 11.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
waiver from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 11.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
Section 11.5 Council Authority and Procedure
1l.S.A ApPLICABILITY
1. Unplatted Property - This section applies to all property for which a final plat has not been formally
submitted to the City for approval, unless otherwise noted herein.
2. Exempt Property - Any tract or lot occupied by an existing residential dwelling unit at the time of
adoption of this ordinance shall be exempt from the dedication requirements of this section herein if
the residential dwelling remains on the lot. This exemption pertains only to the tract or lot with the
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existing residential dwelling. Any additional lots created by further subdivision of the property shall be
subject to the requirements herein.
3. Date of Assessment - All requirements contained in this section shall be assessed at the time of
approval of the final plat of any applicable property.
11.5.B LAND DEDICA TION REQUIREMENTS
1. Standards
In reviewing proposed dedications of parkland, the following criteria shall be imposed; provided,
however, the approving body may vary or waive any of the following criteria on a finding that the
proposed dedication of parkland is in accordance with the development of the City, complies with the
statement of intent of the Parkland Dedication Ordinance and because of the uniqueness of the
property, requires a variance:
a. Parkland shall be clearly visible from the public rights-of-way and shall be located so as to give
maximum possible exposure throughout the neighborhood.
b. Access to the parkland shall be available from public rights-of-way.
c. Where the proposed parkland is a flood plain area which is proposed as a linear park, the
following shall also be considered:
i. Whether the proposed site contains significant environmental features representative of a
pre-urbanized Colleyville, including trees, plants, wildlife, topography, geological
outcroppings, unique water features or any combination thereof.
ii. Whether the proposed site currently provides, or will provide in the future, an effective linkage
to other existing or anticipated public park sites which will allow movement to and from places
where residents live, work and play.
iii. Whether the proposed site is easily accessible, visible and identifiable.
iv. Whether the proposed site has street frontage along its entire length.
v. Whether the proposed site is designed to be used and function as a natural waterway with
minimal site alteration.
d. A minimum of fifty percent (50%) of any dedicated parkland shall have grades of less than three
percent (3%) and shall be well drained and suitable for development of parkland improvements.
e. Parkland shall be provided with access to all utilities, including water and sewer, along the street
frontage of the park.
f. Parkland shall not be burdened with easements, rights-of-way, deed restrictions or other
limitations which prohibit or inhibit the use of the parkland for park purposes.
2. Amount and Location
a. Residential Developments
Based on the popu lation projected to reside in the City of Colleyville, as stated in the 1998 Master
Plan adopted by the City Council, the City desires to provide 9.0 acres of parkland for every 1,000
residents in an ultimate condition. Parkland meeting the requirements contained within this
section shall be dedicated to the City at a ratio of one (1) acre of parkland for every thirty-six (36)
residential dwelling units or a prorated portion thereof.
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City of Collevville. Texas
The subdivider shall dedicate to the City a minimum of 0.0280 acres of parkland in fee simple for
each DU (dwelling unit) within the subdivision; provided, however, no tract of parkland shall be
less than seven (7) acres in total area unless approved by the City Council.
b. Non-Residential Developments
Although non-residential development does not generate residential occupancies per se, it does
create environmental impacts, which may negatively affect the living environment of the
community. These impacts may be ameliorated or eliminated by providing park or open space
areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the
reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire
or explosion, and provide separation of lighting, waste disposal, and noise by-products of non-
residential operations and activities from adjacent residential areas. The City has therefore
determined that non-residential developments must provide dedicated parks and/or reserved
open space at a ratio of one (1) acre of parkland for every fifty-six (56) non-residential gross
acres of development or prorated portion thereof.
c. Off-site Dedications
A developer may dedicate the required parkland for a development at another location owned by
the same developer within the City with the consent of the City, provided that the off-site
dedication is in accordance with this ordinance.
3. Documents Accompanyinq Final Plat
Where the subdivider proposes to dedicate land to the City for parkland purposes, the following
additional documents shall be submitted to the City with the submission of the final plat of the
subdivision:
a. An environmental study, audit or assessment demonstrating that the property is in a condition
which would allow the City to utilize the property for park purposes without expenditures to
remove environmental waste or hazardous materials, that the property is suitable and safe for
use as a park and is free from environmentally related problems.
b. If a developer chooses to dedicate the land or to build the park, a site plan of the park property
containing a conceptual plan of the type, nature, and extent of improvements which could be
made to the property and identifying the property as to type, i.e., neighborhood park, linear park,
special purpose or community park.
c. A statement as to the number of proposed DUs within the subdivision.
4. Condition of Property and Acceptance by the City of Collevville
Prior to the issuance of a building permit for the erection of any house within the subdivision, the
subdivider shall apply to the City for written acceptance of the parkland, which shall be accepted upon
completion of the following conditions:
a. The subdivider shall permanently mark each corner of the park site with a three-quarter inch
(3/4") iron pin set in concrete.
b. The subdivider shall provide the City with a survey acceptable to the City reflecting each corner
monument, showing and locating any encroachments, easements and providing a metes and
bounds description of the parkland.
c. All rubbish, trash, junk and other offensive materials shall be removed from the parkland and the
property returned to its natural condition except as to approved construction and improvements
thereon.
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City of Collevville. Texas
d. All improvements or construction on or within the parkland to be installed by the subdivider shall
be completed in accordance with approved construction plans.
e. All other applicable ordinances of the City have been complied with.
11.5.C ALTERNATIVES TO LAND DEDICATION
1 . Authorization
In any case where a dedication is required, the City shall have the right to accept the dedication, as
submitted for approval, or in the alternative, to refuse dedication of the same, and in lieu thereof to
require payment of cash under the formula contained in this Section. The City may permit a
combination of dedication and fees to be used to fulfill this requirement.
2. Fee Payment Alternative
Approval of Fee Payment Alternative: The City Council shall upon recommendation of the Park
Board, determine the acceptability of a developer's payment of fees in lieu of land dedication
requirement of this section.
3. Calculation of Fees
The City Council shall establish an acreage land value cost figure to be used in calculating park fees.
a. Residential Dwelling Unit Fees: Fees paid in lieu of dedication shall be based on the determined
cost of 1 acre of land divided by thirty-six (36), for a resulting fee per residential dwelling unit of
$1,206.
b. Non-Residential Development Fees: The fee payment alternative for non-residential development
shall be calculated by dividing the determined cost of one (1) acre of land by fifty-six, for a
resulting fee per non-residential acre cost of $400 per acre. In the event the non-residential
development is less than fifty-six (56) acres, the total acreage shall be divided by 56 to determine
the prorated fee payment.
4. Collection of Fees
a. The payment of the fee in lieu of dedication shall be a condition precedent to issuance of any
building permit for a DU within the subdivision.
b. By agreement approved by the City Council, the City and the subdivider may alter the time and
method of payment and fees in lieu of dedication.
5. Physical or Equipment Improvements to Parks
Compatibility with Parks and Recreation Master Plan: A developer may have the option of improving
existing facilities within municipal parks or improving dedicated parkland in lieu of parkland dedication
or payment of cash, based on recommendations made in the Parks and Recreation Master Plan.
Should any of these options be exercised, the City and the developer shall prior to initiation of work
on such improvements, enter into an agreement for credit of expenses for authorized park
improvements. In no case shall the municipality be required to reimburse the developer if he chooses
to improve parklands at an amount greater than required. Such a proposed agreement to provide
facility improvements in lieu of dedication shall be submitted in writing with the subdivision plat.
6. Approval Process
a. Land Dedications
I. Park Board Recommendation: The Parks and Recreation Manager or their designee shall
report to the Parks and Recreation Advisory Board regarding any parkland dedication issues
Chapter 11 - Park Land Dedication
Page 11 - 4
land Development Code
City of Collevville. Texas
arising from development applications submitted to the City for approval. The Park Board
may then make a formal recommendation to the Planning and Zoning Commission to accept
or refuse any proposed dedicated land prior to the Commission's action on the development.
11. Planning and Zoning Commission: The Planning and Zoning Commission shall consider the
recommendation of the Parks and Recreation Advisory Board in determining the acceptability
of any land dedications proposed on any development. The Commission recommendation
shall then be forwarded to the City Council for final approval where applicable.
iii. Final Plat Dedications: Where review or development applications have resulted in the City's
desire for land dedication, such land dedication shall be shown on a final plat and shall
contain a clear fee simple dedication of that land to the City.
b. Fee Payments in Lieu of Dedication
i. Park Board Recommendation: The Parks and Recreation Advisory Board shall make a
formal recommendation to the City Council as to the acceptability of any proposed
alternatives to parkland dedications.
ii. City Council Consideration: Upon receiving a formal recommendation from the Parks and
Recreation Advisory Board, the City Council shall enter into an agreement with the developer
for the provision of fees in lieu of dedication, or a combination thereof.
c. PUD-R Zoning or Other Zoning Classifications Requiring Dedication of Open Space
The obligation of the sub-divider to dedicate parkland or make payments in lieu thereof shall be in
addition to and independent of the obligation of the sub-divider to dedicate open space under the
PUD-R zoning ordinance, provided, to the extent the open space in the PUD-R exceeds twenty
(20) percent of the project area (the "excess acreage") the requirements hereof may be modified
as follows:
i. If the open space is dedicated to and accepted by the city as public park land
(a) the required dedication of park land may be reduced by the amount of the excess
acreage, or
(b) if the sub-divider is allowed to pay fees in lieu if dedication, the fee for each lot in the
project may be calculated as follows:
(number of lots in project x $1260) (excess acreaqe
0.028 x number of
lots in project)
provided fee shall never be less than $1 per lot
ii. If the open space is not dedicated to or not accepted by the cit as public park land
(a) the required dedication of park land may be reduced by ~ of the amount of excess
acreage, or
(b) if the sub-divider is allowed to pay fees in lieu of dedication the fee for each lot in the
project may be calculated as follows:
(number of lots in project x $1260) (excess acreaqe
0.028 x number of
lots in project)
provided fee shall never be less than $1 per lot
Chapter 11 - Park Land Dedication
Page 11 - 5
land Development Code
City of Collevville. Texas
7. Use of Fees
a. All funds collected as fees in lieu of dedication shall be deposited in a special interest bearing
account dedicated to the accumulation of monies required by this section. Interest earned on fees
in lieu of dedication shall be considered funds of the account on which it is earned and shall be
subject to all restrictions placed upon the use of fees in lieu of dedication.
b. Expenditures of fees in lieu of dedication shall be made only for one or more of the following
purposes:
i. The acquisition or improvement of park sites or other sites which are available for park
purposes.
ii. Inappropriate expenditures
Monies placed in this fund may not be utilized for any other general business activity of the City or
for maintenance of park facilities.
Section 11.6 Park Land Dedication Committee
1. The City hereby creates the Parkland Dedication Committee. The Parkland Dedication Committee
shall be made up of two members of the Planning and Zoning Commission and two members of the
Parks and Recreation Board. The Parkland Dedication Committee shall have the following duties:
a. Review proposed parkland dedication fund expenditures and make recommendations to the
Planning and Zoning Commission and the City Council.
b. Review the Parks and Recreation Master Plan every three years and make recommendations for
modification or alteration.
2. The City Council shall appoint the members of the Parkland Dedication Committee and the terms of
the members of the Parkland Dedication Committee shall coincide with their respective terms of the
Planning and Zoning Commission or the Park Board, as applicable.
Section 11.7 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
Chapter 11 - Park Land Dedication
Page 11 - 6
Land Development Code
CitvofCol/ewille. Texas
Chapter 12
Erosion Control Regulations
Section 12.1. Purpose and Applicability
12.1.A
PURPOSE
The purpose of these erosion control regulations is to set forth the minimum standards necessary to
protect against erosion and sedimentation problems within the City of Colleyville when (1) new
subdivisions are developed, (2) a building permit has been issued for a construction site, or (3) other soil
erosion conditions create a public erosion nuisance as herein defined.
12.1.B
APPLICABILITY
Every lot, tract or parcel of land within the corporate limits of the City Colleyville shall be subject to these
erosion control regulations.
12.1.C
DUTIES OF CITY OFFICIALS
The City Engineer, or his designee, is hereby authorized to enforce these erosion control regulations.
12.1.D
CONFLICTING REGULATIONS
In the event of a conflict between these erosion control regulations and any ordinance of the City of Colleyville,
the most restrictive regulation shall govern.
Section 12.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 - General Powers of
Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or
police regulations that are for the good government, peace, or the trade and commerce of the municipality. This
Chapter is also adopted under the authority of the Home Rule Charter of the City of Col/eyvil/e, which authorizes the
City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 12.3 Waivers and Appeals
The City Engineer may approve a waiver of a provision of these erosion control regulations where strict
adherence to these requirements will result in unnecessary hardship and not fulfill the intent of these erosion
control regulations. The owner shall submit a written request for a waiver stating the specific waiver sought
and reasons for requesting the waiver. The City Engineer shall not grant a waiver unless and until sufficient
specific reasons justifying the waiver are provided by the owner.
Section 12.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code.
Chapter 12- Erosion Control
Page12-1
Land Deve/ooment Code
City of Col/evville. Texas
Section 12.5 Earthwork Permit Requirements and Exemptions
12.5A
OFFENSE FOR PERFORMING EARTHWORK WITHOUT AN EARTHWORK PERMIT
It shall be unlawful to remove trees, excavate, grade, level, or otherwise disturb soil or perform any earthwork,
except where exempted, without an Earthwork Permit or an Erosion Control Plan which has been approved by
the City. When the area proposed for earthwork is located within the limits of the 100 year flood area, approval
of a separate Development Permit issued by the Flood Plain Administrator shall also be required.
12.5.B
EXEMPTIONS FOR CERTAIN ACTIVITIES
The following activities shall be exempt from these erosion control regulations:
1. An individual property owner shall be exempt from obtaining an Earthwork Permit when the land is used as
a single-family residence, and the earthwork to be performed is for the sole purposes of gardening,
landscaping, sprinkler installation, or other earthwork purposes not related to urban development.
2. The City may approve a request for exemption from installing all or any portion of the erosion control
requirements when the City inspector has determined that (a) the amount of earthwork will not cause a
public erosion nuisance, or (b) the topography and the amount of existing vegetation will prevent an offense
of these erosion control regulations.
3. The City may require installation of specific erosion control measures, even when a previous exemption
request has been approved, if it is determined by the City that a sufficient amount of soil erosion or siltation
creates a public nuisance.
Section 12.6 Erosion Control Plan Required
12.6.A
OBJECTIVES
The objectives of the Erosion Control Plan are to prevent public erosion nuisances. No Earthwork Permit shall
be approved by the City until an Erosion Control Plan has been submitted which meets the following objectives:
1. To reduce sedimentation in streams, creeks, lakes, waterways, storm drains, etc.
2. To protect the quality of the water in the City of Colleyville.
3. To provide, protect, and preserve wildlife habitat.
4. To reduce the negative environmental impacts of construction activity.
12.6.B
SUBMITTAL REQUffiEMENTS FOR EARTHWORK PERMIT:
It shall be the responsibility of the applicant to prepare and submit an Erosion and Sedimentation Control
Plan which shall, at a minimum, contain the following information:
1. A site plan drawn to scale of the property where earthwork is proposed showing the property
2. boundary, any street right-of-way and any drainage easement.
3. The existing drainage flow by using arrows to indicate the direction of slope.
4. The location and type of erosion control method proposed.
5. The location where access is gained to the property.
12.6.C
ACCEPTABLE METHODS OF EROSION CONTROL
The following are the minimum acceptable methods of erosion control permitted in the City of Colleyville. All
methods of erosion control shall be installed to prevent siltation on public rights-of-way.
1. Erosion control barriers, including the following
a. silt screen fencing installed in accordance with Exhibit 12-A.
b. sandbag sediment barrier installed in accordance with Exhibit 12-B.
Chapter 12- Erosion Control
Page 12 - 2
Land Development Code
City of Col/ewil/e. Texas
c. silt collection ponds.
d. storm drain inlets - Curb inlets shall be protected with wire mesh and sand bags in accordance with the
requirements shown on Exhibit 12-C.
e. hay bale screening shall not be used as a primary silt screen barrier but may be approved by the City to
supplement other erosion control methods.
2. Erosion control filters, including the following
a. filter berms
b. filter fencing
c. continuous block sodding at a width acceptable to the City Engineer.
3. The City Engineer may approve an alternate method if said method meets the intent of these erosion
control regulations.
12.6.D
EROSION CONTROL BARRIER STANDARDS
Where required by these regulations, there shall be an erosion control barrier constructed according to these
standards. The erosion control barrier shall be installed to a minimum height of twelve inches (12") with the
base buried to protect from washout. Said erosion control barrier shall be placed behind any curb and extend
across a minimum of 66% of the street frontage of the lot. Additional erosion control barriers may be required to
provide erosion control for the entire width of the lot where required by the Administrative Official, except at the
access point. There shall be a four-foot (4') transition section at each end of the barrier. The erosion control
barrier shall provide for a minimum of one point of access which shall be a minimum width of ten feet (10') and a
maximum width of twenty feet (20'). The access point shall have a minimum four inch (4") thick gravel base and
extend a minimum of ten feet (10') from the curb. In the absence of any curb, the City inspector shall determine
the proper location of the erosion control barrier.
12.6.E
REQUIREMENTS FOR BUILDING PERMIT ApPLICATIONS
All applicants for a building permit shall submit an Erosion Control Plan for approval prior to the issuance
of a building permit. No construction may commence until such time that evidence to mitigate soil erosion
and sedimentation has been approved by the City Inspector. The Erosion Control Plan shall be similar to
that shown in Exhibit 12-D.
12.6.F
REQUIREMENTS FOR NEW SUBDIVISIONS
All applicants for subdivision of land shall submit to the City Engineer an Erosion Control Plan for approval prior
to the commencement of grading, tree removal, excavation, or construction of public improvements. The
erosion and sedimentation plan shall be included in the engineering construction plans of the subdivision.
12.6.G
INSPECTIONS AND TIME SCHEDULE FOR COMPLIANCE
1. For Building Permit Activities - All erosion control measures shall be installed prior to the start of any
earthwork associated with a building permit. No required building inspection shall be approved by the City
unless the erosion control measures are in compliance with these erosion control regulations.
2. For New Subdivisions - All erosion control measures shall be installed prior to final acceptance of the
subdivision by the City Engineer.
3. As Required by the City - Erosion control measures shall be installed anytime that an offense of these
erosion control regulations is imminent.
12.6.H
RE-VEGET A T10N REQUIREMENTS
No erosion control measure shall be removed until the property has been replanted with vegetation and
said vegetation prevents an offense of these erosion control regulations, or upon approval by the City.
Chapter 12- Erosion Control
Page 12 - 3
Land Development Code
CitvofCollewi/le. Texas
Section 12.7 Offense of Failing to Comply, Notification and Stop Work Orders
12.7.A
PUBLIC EROSION NUISANCE DEFINED
It shall be unlawful for any person, firm or corporation which owns, possesses, is in custody of or
exercises control of property to permit a public erosion nuisance to occur on said property. A public
erosion nuisance is an occurrence where erosion of, or sediment from, one location causes an unsafe,
bothersome, or unsightly condition on public property and/or public rights-of-way. An unsafe, bothersome
or unsightly condition or burden includes silt, mud or similar debris, originating on one property but being
deposited onto a second off-site property, which is public property or a public right-or-way, including a
public easement.
The owner, builder, developer, tenant, or any other person, firm, or corporation who owns, possesses, is in
custody of, or exercises control of, property, building structures, subdivisions, excavations and fill operations, all
development and all other similar development activities shall be responsible for any silt, mud, or sands
transported from the property by drainage. Additionally, all persons, firms or corporations who, after
construction and development, own, possess, are in custody of, or exercise control of, the property are
responsible for preventing the erosion and sedimentation problems addressed by these erosion control
regulations.
It is not a violation of this ordinance if erosion and sedimentation occurs upon private property and is
deposited upon private property.
12.7.B
VIOLA TION FOR DAMAGING EROSION CONTROL MEASURES
It shall be a violation of these regulations to remove, damage or destroy an erosion control barrier or other
erosion control measure without the approval of a city inspector or which is required for compliance with these
regulations.
12.7.C
NOTICE OF VIOLATION AND STOP WORK PROVISIONS
The City shall give written notice notice to the owner or agent in charge of any premises believed to be in
violation of these erosion control regulations, and provide forty-eight (48) hours to secure an Earthwork Permit
and/or to correct the public erosion nuisance and to remove the offending sedimentation.
A notice of less than forty-eight (48) hours may be given in the event that the City determines that the situation
believed to be in violation poses an poses an immediate threat to public health, and safety.
The City is hereby authorized to issue a "stop work order" at a construction site that is in violation of these
erosion control regulations. However, no stop work order may be issued until the notice provisions of this
section are fully complied with by the City and the owner or agent of the premises has been given the amount of
time allotted to correct the public erosion nuisance and to clean up and remove the offending sedimentation.
Section 12.8 Abatement by City
In the event that the owner of any lot, tract, parcel of land, or a portion thereof situated within the corporate
limits of the city shall fall to comply with these erosion control regulations, then the City Engineer, or his
designee, shall notify such owner by letter, addressed to him at the address shown on the last approved tax
rolls of the city or at any residence or business structure located on subject property or at the last known
address. The mailing of notice in accordance with any of the above shall satisfy this section. In the
alternative, the city may notify the owner by publication in the City's official newspaper on one (1) occasion.
At the expiration of ten (10) days after notification or publication, the city may enter upon such premises and
may do such work as is necessary, or cause the same to be done, in order that the premises may comply with
the requirements set forth within this ordinance. A statement of the cost incurred by the city to abate such
condition shall be mailed to the owner of said premises, which statement shall he paid within thirty (30) days
of the date of the mailing thereof. In the event that said statement has not been paid within such period, the
City Manager may file a statement with the Tarrant County Clerk of the expenses incurred to abate such
Chapter 12- Erosion Control
Page 12 - 4
Land Development Code
City of Collevville. Texas
condition on said premises, and the city shall have a privileged lien on any lot, tract or parcel of land upon
which such expenses is incurred, together with ten (10) percent on the delinquent amount from the date such
payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and
foreclosure had in the name of the city and the statement so made, as aforesaid, or a copy thereof shall be
prima facie proof of the amount expended in any such work performed by the city.
Section 12.9 Administration, Approvals, Surety
12.9.A
EFFECT OF APPROVAL
It is to be understood that the approval of an Erosion and Sedimentation Control Plan by the City does not constitute
a recognition by the City that the Erosion and Sedimentation Control Plan will prevent any, or all, public erosion
nuisances. By approval of the Erosion and Sedimentation Control Plan, the City does not warrant that the Erosion
and Sedimentation Control Plan will be sufficient to prevent a public erosion nuisance, and the City waives no rights
to pursue any legal remedies, both under these erosion control regulations, and all other applicable ordinance and
laws.
If for any reason, after an Erosion and Sedimentation Control Plan is approved by the City, a public
erosion nuisance occurs on property addressed by said Erosion and Sedimentation Control Plan, the
approval of said Erosion and Sedimentation Control Plan shall not be a defense or bar to prosecution
under this ordinance.
12.9.B
DISCLAIMER OF LIABILITY
These erosion control regulations rely on a degree of erosion and sedimentation control and flood protection
that is considered reasonable for regulatory purposes and that is based on scientific, engineering, and economic
considerations. These erosion control regulations do not imply that erosion and sedimentation controls will
survive inundation by runoff from storms or that land below such controls will be free from flooding or flood
damages. These erosion control regulations shall not create liability on the part of the City of Colleyville, or any
officer or employee thereof, for any flood damages, or erosion or sedimentation damages, whether to personas
or property, that result from reliance these erosion control regulations or any administrative decision lawfully
made thereunder.
12.9.C
SURETY FOR PERMANENT EROSION CONTROLS IN NEW SUBDIVISIONS
The applicant shall provide a surety in the form of cash, certificate of deposit, irrevocable letter of credit
acceptable to the City, or surety bond underwritten by a surety company licensed to operate in the State of
Texas to insure that vegetative cover and other permanent erosion control measures are installed, maintained,
and functioning properly up to a two (2) year period from the date of final acceptance of the dedicated streets
and/or utilities by the City of Colleyville. This surety shall be given to the City before the final acceptance of the
streets and/or utilities. This surety shall be in the amount estimated to be one hundred percent (100%) of the
cost of constructing and maintaining the permanent erosion controls for a two (2) year period. Such estimate
shall be signed and sealed by a registered professional engineer. Any vegetative cover which is planted and is
a permanent part of a public improvement project associated with the subdivision development will not be
accepted by the City until the growth has been established and maintained by the developer for a two (2) year
period from the date of final acceptance of the subdivision's streets and utilities.
After the two-year period has elapsed, the owner of the property shall be responsible for maintaining the erosion
controls in good working order. If any future owner modifies or disturbs the erosion controls for the area, that
owner must restore or replace the permanent erosion controls at the conclusion of the disturbing activity.
Chapter 12- Erosion Control
Page12-5
Land Development Code
City of Col/evvil/e. Texas
Section 12.10 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
Section 12.11 Exhibits
The following Exhibits are included with this Chapter:
Exhibit Number
12-A
12-8
12-C
12-0
Chapter 12- Erosion Control
Page 12 - 6
Land Develooment Code
City ofCollevville. Texas
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Curb Inlet
Chapter 12- Erosion Control
Page 12-7
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Land Development Code
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Page 12 - 8
land Development Code
Collevville. Texas
City of
Chapter 13
Impact Fees
Printed June 08. 00
Section 13.1 Purpose of this Chapter
The purpose of this Chapter is to establish regulations for the collection of impact fees to pay for the costs for
new development.
Section 13.2 Authorization for Adoption of this Chapter
The regulations contained in this Chapter are adopted under the authorization of Chapter 395 - Local
Government Code and Article VI of the Charter of the City of Colleyville.
Section 13.3 Waivers and Appeals
An applicant requesting a waiver of a requirement contained in this Chapter may seek relief from the City
Council by using the procedure described in Chapter 1 - General Provisions of this Land Development Code.
Section 13.4 Definitions
The definitions unique to this Chapter are found in Chapter 2 - Definitions of this Land Development Code.
Section 13.5 Master Plan and Capital Improvements Plan Adopted
13.5.A
MASTER PLAN
The City of Colleyville, Texas Master Plan, approved as Resolution R-98-1408, be and the same is
hereby adopted and designated as the Master Plan for the City of Colleyville.
13.5.B LAND USE ASSUMPTIONS
Land use assumptions used in the development of the impact fees are contained in Exhibit "13-B" (Table
of Land Use Assumptions) of this Chapter. These assumptions may be revised by the City Council
according to the procedure set forth in Chapter 395 of the Texas Local Government Code and its
successors.
13.5.C
WATER AND W ASTEW A TER CAPITAL IMPROVEMENTS PLAN
The City of Colleyville Water and Wastewater System Capital Improvements Plan and Impact Fee study
prepared by Kimley-Horn, and Associates, Inc., dated March, 1999 is hereby adopted as the Water and
Wastewater Facility Capital Improvements Plan for the City of Colleyville.
13.5.D
ROADWAY CAPITAL IMPROVEMENTS PLAN
The City of Colleyville Roadway Capital Improvements Plan and Impact Fee Update study prepared by
Kimley-Horn, and Associates, Inc., dated March, 2000, is hereby adopted as the Roadway\Facility Capital
Improvements Plan for the City of Colleyville.
Chapter 13 - Impact Fees
Page 13 - 1
land Development Code
Collevville. Texas
City of
Section 13.6 Applicability of Impact Fees
1. This Chapter shall be uniformly applicable to new development which occurs within the water,
wastewater and roadway service areas.
2. No new development shall be exempt from the assessment of impact fees as defined in this Chapter.
Section 13.7 Impact Fees as Conditions of Development Approval
No final plat for new development shall be approved within the service area without assessment of impact
fees pursuant to this Chapter, and no water and wastewater tap shall be issued and no building permit shall
be issued unless the applicant has paid the impact fees imposed by and calculated as provided herein.
Section 13.8 Establishment of Service Areas
The water, wastewater and roadway service areas are established as shown on the Service Area Map,
attached as Exhibit "13-A" (Service Area Map). The service areas shall be established consistent with any
facility service area established in the CIP for each utility. Additions to the service area may be designated by
the City Council consistent with the procedure set forth in Chapter 395 of the Texas Local Government Code
and its successors.
Section 13.9 Service Units
1. Service units are established in accordance with generally accepted engineering and planning
standards.
2. For water and wastewater impact fees, service units shall be calculated in accordance with the land
use equivalency table for living units equivalents, attached as Exhibit "13-C" (Table of Water and
Wastewater Living Unit Equivalents), as determined by the size of the water meter(s) for the
development, or alternatively, as approved the City Engineer as a result of an engineering report
prepared by a qualified professional engineer licensed to perform such professional engineering
services in the State of Texas, which demonstrates that the number of LUE's of service for the new
development will be different than those indicated by the size of the water meter.
3. If the Director of Public Services determines that the water pressure in the City's transmission main is
significantly higher or lower than standard pressure such that the size of the water meter is not
indicative of actual service demand, the Director may adjust the number of LUE's based on a smaller
or larger sized meter which more accurately reflects the flow rate and the system pressure conditions.
4. If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the
number of LUE's shall be the dimension of the portion of the fire demand meter which reflects the
meter size which would provide only domestic service to the property. Said reduced meter size shall
then be utilized to calculate the number of LUE's.
a. The meter types used to calculate the number of LUE's shall be either simple or compound
meters.
b. If the fire protection capacity of the fire demand meter is routinely utilized for domestic purposes
as evidenced by the registration of consumption recorded on the City's meter-reading and billing
systems, the then-owner of the property shall be assessed the then current fee for the fire
protection capacity which has been converted to domestic capacity by its routine usage as
domestic capacity.
Chapter 13 - Impact Fees
Page 13 - 2
land Development Code
Collevville. Texas
City of
c. To avoid the use of fire flow volumes for domestic usage, the owner of any property for which a
fire demand meter is purchased shall be required to execute a restrictive covenant on a form
approved by the City Attorney, which covenant shall acknowledge the right of the City to assess
such fees to subsequent owners of the property. Said covenant shall be executed prior to the
purchase of the fire demand meter and shall be filed in the deed records of the County.
d. No fees shall be collected for the purchase of taps which shall be utilized to provide only fire
protection capacity.
5. Upon wastewater tap purchase for lots for which no water meter has been purchased, service units
shall be established by a professional engineer licensed in the State of Texas, shall be reviewed by
the Engineer and shall be presented to Council, which shall designate the appropriate number of
service units.
6. For roadways, service units shall be calculated in accordance with the land use equivalency table for
(vehicle) trips attached as Exhibit "13-D" (Table of Roadway Trip Generation Equivalents).
7. The City Council may revise the land use equivalency tables according to the procedure set forth in
Chapter 395 of the Texas Local Government Code and its successors.
Section 13.10lmpact Fees Per Service Unit
1. The maximum impact fee per service unit for each service area shall be computed by dividing the
growth-related capital construction cost of service in the service area identified in the capital
improvements plan for that category of capital improvements, by the total number of projected service
units anticipated within the service area which are necessitated by and attributable to new
development, based on the land use assumptions for that service area. Maximum impact fees per
service unit for each service area shall be established by category of capital improvements and shall
be set forth in the attached Exhibit "13-E" (Table of Maximum Assessable Water and Wastewater
Impact Fees).
2. The impact fee per service unit which is to be paid by each new development within a service area
shall be that established in Exhibit "13-G" (Schedule of Actual Water and Wastewater Impact Fees to
be Collected), which is attached hereto and incorporated herein by reference, and shall be an amount
less than or equal to the maximum impact fee per service unit allowed.
3. Exhibits "13-E" and "13-G" may be amended by the City Council according to the procedure set forth
in Chapter 395 of the Texas Local Government Code and its successors.
Section 13.11 Assessment of Impact Fees
1. The assessment of an impact fee for any new development shall be made in accordance with the
provisions of this Section.
2. Assessment of the impact fee for any new development shall be made on occurrence of the following
events:
a. For new development which is submitted for approval pursuant to the City's subdivision
regulations after June 20, 1987, or for which replatting results in an increase in the number of
service units after such date, assessment shall be at the time of final subdivision plat approval,
and shall be the amount of the impact fee per service unit, as provided in the Schedule of Impact
Fees to be Collected (Exhibits "13-E" and "13-F") then in effect.
b. For new development which has received final plat approval prior to June 20, 1987, and for which
no replatting is necessary prior to the issuance of a building permit, assessment shall be upon the
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issuance of a building permit, and shall be the amount of the impact fee per service unit set forth
in Exhibit" 13-G" & "13-H" then in effect.
c. For new development which occurs or is proposed to occur without platting, assessment shall be
upon the issuance of a building permit or water or sewer tap purchase (whichever occurs first),
and shall be the amount of the impact fee per service unit set forth in Exhibits "13-G" & "13-H"
then in effect.
d. For water and wastewater facilities, fees shall not be assessed to a development for which taps
previously were purchased and which development does not result in an increase in the number
of living unit equivalents as determined by the land use equivalency table. If the exchange of said
taps will result in an increase in the number of LUE's, impact fees for the increase in the number
of LUE's shall be assessed in accordance with Exhibits "13-G" & "13-H" then in effect.
e. Because fire protection is of critical concern to the community as a whole, water demand related
solely to fire protection is not subject to assessment or collection of a water or wastewater impact
fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for
domestic purposes as evidenced by the registration of consumption recorded on the City's meter-
reading and billing systems, the current owner of the property shall be assessed the impact fees
currently in effect at the time such conversion is established by the City for the fire protection
capacity which has been converted to domestic capacity by its routine usage as domestic
capacity.
3. Following assessment of the impact fee above, no additional impact fees or increases thereof shall be
assessed against that development unless the number of service units increases.
4. Following the lapse or expiration of approval for a plat, a new assessment must be performed at the
time a new application for such development is filed.
Section 13.12 Calculation of Impact Fees
13.12.A MANNER OF COMPUTATION OF FEE
The City shall compute impact fees due for the new development in the following manner:
1. The total service units for the new development shall be multiplied by the impact fee per service
unit established in Exhibits "13-E" & "13-F"; and
2. Fee credits and offsets shall be subtracted as determined by the process proscribed elsewhere in
this Chapter.
13.12.B AMOUNT OF FEE
The amount of each impact fee due for a new development shall not exceed an amount computed by
multiplying the maximum impact fee per service unit assessed according to Exhibits "13-E" & "13-F" by
the number of service units generated by the development.
Section 13.13 Payment and Collection of Impact Fees
13.13.A TAP OR BUILDING PERMIT
No water or wastewater tap or building permit shall be issued until all impact fees have been paid to the
City, except as provided otherwise by contract.
13.13.B PAYMENT WITH BUILDING PERMIT
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Water, wastewater and roadway impact fees shall be paid at the time of the issuance of a building permit,
unless a provision in this Chapter provides for another time for collection of impact fee.
13.13.C CONVERSION FROM EXISTING PRIVATE FACILITIES
For new development converting to the City water utility from a water well or to the City wastewater utility
from a septic tank or individual waste disposal system, the City may allow the fee-payer to pay impact
fees in the form of a monthly assessment in the same manner as monthly assessments for related tap
fees, if such an extended payment program for tap fees is currently in effect.
13.13.D
PLATTED DEVELOPMENT
For new development which is platted in accordance with the City's subdivision or platting procedures
before the effective date of this ordinance, no wastewater impact fee may be collected on any service unit
for which a valid building permit is issued within one year after the effective date of this amendatory
ordinance.
13.13.E
CONTRACT SPECIFYING TIME AND METHOD OF PAYMENT
The City may, at its sole discretion, enter into a contract with the owner of a tract of land for which the plat
has been recorded to establish a different time and method of payment of impact fees than those
provided in this Section.
13.13.F
NOTIFICA TION DUE TO INCREASED SERVICE UNITS
Whenever a property owner proposes to increase the number of service units for a development
previously assessed, the additional impact fees to be collected on such service units shall be determined
in accordance with Exhibits "13-G" & "13-H" then in effect, and such additional fees shall be collected at
the times prescribed by this section.
13.13.G
ROADWAY FEES FOR EXEMPT NON-RESIDENTIAL USES
For roadway impact fees, in circumstances where non-residential uses may be exempt from payment of
fees based upon prospective generation of sales tax revenues, such fees shall be paid as provided in this
section, subject to rebate pursuant to this Chapter, upon demonstration that more than 50% of the floor
area of the structure for which a building permit is issued will be utilized by a business generating city
sales tax revenues.
Section 13.14 Offsets and Credits Against Impact Fees
13.14.A SYSTEM RELATED FACILITIES
The City shall offset the reasonable value of any system-related facilities, pursuant to rules established in
this Section, which have been dedicated to and have been received by the City, including the value of
rights-of-way or capital improvements constructed pursuant to an agreement with the City, against the
amount of the impact fee due for that category of capital improvement, subject to administrative
guidelines established by the City.
13.14.B CREDIT FOR IMPACT, PRo-RATA, ACREAGE OF LOT FEES
The City shall credit impact, pro rata, acreage or lot fees which have been paid pursuant to the
subdivision regulations contained in this Land Development Code prior to the effective date of this
amendatory ordinance against the amount of an impact due for that category of capital improvement,
subject to administrative guidelines established by the City.
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13.14.C LIMITATIONS FOR OFFSETS AND CREDITS
All offsets and credits against impact fees shall be subject to the following limitations and shall be granted
based on this Chapter and additional standards promulgated by the City, which may be adopted as
administrative guidelines.
1. No offset or credit shall be given for the dedication or construction of site-related facilities, except
where credit is provided in this Chapter, or for any capital improvement which is not identified
within the applicable capital improvements plan, unless the City agrees that such improvement
supplies capacity to new developments other than the development paying the impact fee and
provisions for offsets are incorporated into an agreement for capital improvements.
2. Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or
required by the City as a condition of development approval shall be credited against roadway
impact fees otherwise due from the development.
3. The unit costs used to calculate the offsets shall not exceed those assumed for the capital
improvements included in the capital improvements plan for the category of facility within the
service area for which the impact fee is imposed.
4. An offset or credit created pursuant to prior impact fee ordinances shall expire no later than ten
(10) years after the effective date of this amendatory ordinance, unless a different expiration date
has been agreed to by the City by contract or certificate. Offsets or credits created after the
effective date of this amendatory ordinance shall expire within ten (10) years from the date the
offset or credit was created, unless otherwise prescribed by contract.
5. In no event will the City reimburse the property owner or developer for an offset or credit when no
impact fees for the new development can be collected pursuant to this Chapter or for any value
exceeding the total impact fees due for the development for that category of capital improvement,
unless otherwise agreed to by the City.
6. Offsets or credits created after the effective date of this amendatory ordinance for a development
which has received final plat approval prior to the effective date hereof shall be discounted to take
into account the number of service units in the development which will utilize the facility for which
the offset or credit was given.
13.14.D
ApPLICA TlON FOR OFFSET OR CREDIT
An applicant for new development must apply for an offset or credit against impact fees due for the
development either at or before the time of plat recordation, unless the City agrees to a different time.
The applicant shall file a petition for offsets or credits with the City on a form provided for such purpose.
The contents of the petition shall be established by administrative guidelines. The City must provide the
applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision.
The decision shall specify the maximum value of the offset or credit which may be applied against an
impact fee, which value and the date of the determination shall be associated with the plat for the new
development.
13.14.E
MANNER OF OFFSET OR CREDIT ApPLICATION
The available offset or credit associated with the plat shall be applied against an impact fee in the
following manner:
1. Such offset or credit shall be prorated proportionally among all service units, or for roadway
facilities, among all units of trip generation, as calculated from the applicable land use
equivalency table, and shall remain applicable to such service units, to be applied at time of filing
and acceptance of an application for a building permit, against impact fees due.
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2. If the total number of service units used by the City in the original offset or credit calculation
described in subsection (1) is eventually exceeded by the number of total service units realized
by the actual development, the City may, at its sole discretion, collect the full impact fee exclusive
of any associated offset or credits for the excess service units.
3. At its sole discretion, the City may authorize alternative credit or offset agreements upon petition
by the owner in accordance with guidelines promulgated by the City.
Section 13.15 Establishment of Accounts and Records
1. The City shall establish separate interest-bearing accounts, in a bank authorized to receive deposits
of City funds, for each major category of capital facility for which an impact fee is imposed pursuant to
this Chapter.
2. Interest earned by each account shall be credited to that account and shall be used solely for the
purposes specified for funds authorized in the Capital Improvements Plan.
3. The City shall establish adequate financial and accounting controls to ensure that impact fees
disbursed from the account are utilized solely for the purposes authorized in the CIP. Disbursement
of funds shall be authorized by the City at such times as are reasonably necessary to carry out the
purposes and intent of this Chapter; provided, however, that any fee paid shall be expended within a
reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the
account.
4. The City shall maintain and keep adequate financial records for each such account, which shall show
the source and disbursement of all revenues, which shall account for all monies received, and which
shall ensure that the disbursement of funds from each account shall be used solely and exclusively
for the provision of uses specified in the capital improvements program as system-related capital
projects. The City Finance Department shall also maintain such records as are necessary to ensure
that refunds are appropriately made under the provisions of this Chapter, and such other information
as may be necessary for the proper implementation of this Chapter.
Section 13. 16 Use of Proceeds of Impact Fee Accounts
13.16.A
PERMITTED USES OF FEES
The impact fees collected pursuant to this Chapter may be used to finance or to recoup capital
construction costs of service. Impact fees may also be used to pay the principal sum and interest and
other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such
capital improvements or facilities expansions.
13.16.B
PROHIBITED USES OF FEES
Impact fees collected pursuant to this Chapter shall not be used to pay for any of the following expenses:
1. Construction, acquisition or expansion of capital improvements or assets other than those
identified in the associated capital improvements plans;
2. Repair, operation, or maintenance of existing or new capital improvements or facilities
expansions;
3. Upgrading, expanding or replacing existing capital improvements to serve existing development
in order to meet stricter safety, efficiency, environmental or regulatory standards;
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4. Upgrading, expanding or replacing existing capital improvements to provide better service to
existing development; provided however, that impact fees may be used to pay the costs of
upgrading, expanding or replacing existing capital improvements in order to meet the need for
new capital improvements generated by new development: or
5. Administrative and operating costs of the City.
Section 13.17 Appeals
1. The property owner or applicant for new development may appeal the following decisions to the City
Manager or designee:
a. The applicability of an impact fee to the development;
b. The value of the impact fee due;
c. The availability or the value of an offset or credit;
d. The application of an offset or credit against an impact fee due,
e. The amount of the refund due, if any; or
f. The alternative determination by the City Engineer concerning the size of the water meter which
is to be converted to service units.
2. The burden of proof shall be on the appellant to demonstrate that the value of the fee or the value of
the offset or credit was not calculated according to the applicable impact fee schedule or the
ordinance provisions and guidelines established for determining offsets and credits.
3. The appellant may appeal the decision of the City Manager to the City Council. A notice of appeal to
the Council must be filed by the applicant with the City Secretary within thirty (30) days following the
City Manager's decision. If the notice of appeal is accompanied by a bond or other sufficient surety
satisfactory to the City Attorney in an amount equal to the original determination of the impact fee
due, the development application or tap purchase or building permit issuance may be processed
while the appeal is pending.
Section 13.18 Refunds
13.18.A TIME LIMIT PRIOR TO REFUND
Any impact fee or portion thereof collected pursuant to this Chapter which has not been expended within
ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the
property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to
such governmental entity, together with interest calculated from the date of collection to the date of refund
at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03, Vernon's
Texas Civil Statutes), or any successor statute.
13.18.B
PRo-RA TED REFUND
If a refund is due, the City shall pro-rate the same by dividing the difference between the amount of
expenditures and the amount of the fees collected by the total number of service units assumed within the
service area for the period to determine the refund due per service unit. The refund to the record owner
or governmental entity shall be calculated by multiplying the refund due per service unit by the number of
service units for the development for which the fee was paid, and interest due shall be calculated upon
that amount.
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13.18.C
DETERMINATION OF EXCESS FEES UPON COMPLETION OF IMPROVEMENTS
Upon completion of all the capital improvements or facilities expansions identified in the capital
improvements plan upon which the fee was based, the City shall recalculate the maximum impact fee per
service unit using the actual costs for the improvements or expansions. If the maximum impact fee per
service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the
difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to
the record owner or governmental entity shall be calculated by multiplying such difference by the number
of service units for the development for which the fee was paid, and interest due shall be calculated upon
that amount.
13.18.D
REQUEST TO REFUND FEES
Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund
such fees if:
1. Existing service is available and service is denied; or
2. Service was not available when the fee was collected and the City has failed to commence
construction of facilities to provide service within two years of fee payment; or
3. Service was not available when the fee was collected and has not subsequently been made
available within a reasonable period of time considering the type of capital improvement or facility
expansion to be constructed, but in any event later than five years from the date of fee payment.
13.18.E
PROPORTIONAL REFUND DUE TO DOWNSIZING METER
The City shall refund an appropriate proportion of impact fee payments in the event that a previously
purchased unused water meter is replaced with a smaller meter, based on the LUE differential of the two
meter sizes and the per-LUE fee at the time of the original fee payment, less an administrative charge of
$50.
13.18.F
PROCEDURE FOR PETITION OF REFUND
Petition for refunds shall be submitted to the Director of Public Services on a form provided by the City for
such purpose. Within one month of the date of receipt of a petition for refund, the Director must provide
the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a
refund is due to the petitioner, the Director shall notify the Finance Director and request that a refund
payment be made to the petitioner. The petitioner may appeal the determination to the City Manager and
Council, as set forth in this Land Development Code.
13.18.G REBATE OF ROADWAY IMPACT FEES FOR EXPIRED PERMIT
The City shall rebate the roadway impact fees to the owner on which a building permit has been issued,
for which such permit has expired without construction.
13.18.H REBATE OF ROADWAY IMPACT FEES FOR SALES TAX BUSINESSES
The City may rebate seventy-five percent (75%) of the roadway impact fees collected for a new
commercial or industrial structure upon request of the property owner after a certificate of occupancy has
been issued, and provided that more than fifty percent (50%) of the structure for which the certificate of
occupancy has been issued will be utilized by a commercial or industrial business that generates city
sales tax revenues.
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Section 13.19 Updates to Plan and Revision of Fees
The City shall review the land use assumptions and capital improvements plan for water, wastewater and
roadway facilities at least every three years, the first three year period which shall commence from the date of
adoption of the capital improvements plan referenced herein. The City Council shall accordingly then make a
determination of whether changes to the land use assumptions, capital improvements plan or impact fees are
needed and shall, in accordance with the procedures set forth in Chapter 395 of the Texas Local Government
Code, or any successor statute, either update the fees or make a determination that no update is necessary.
Section 13.20 Functions of Advisory Committee
1. The functions of the Advisory Committee are those set forth in Chapter 395 of the Texas Local
Government Code, or any successor statute, and shall include the following:
a. Advise and assist the City in adopting land use assumptions;
b. Review the capital improvements plan regarding water, wastewater and roadway capital
improvements and file written comments thereon;
c. Monitor and evaluate implementation of the capital improvements program;
d Advise the City of the need to update or revise the land use assumptions, capital improvements
program and impact fees; and
e. File a semiannual report evaluating the progress of the City in achieving the capital improvements
plans and identifying any problems in implementing the plans or administering the impact fees.
2. The City shall make available to the Advisory Committee any professional reports prepared in the
development or implementation of the capital improvements plan.
3. The City Council shall adopt procedural rules for the committee to follow in carrying out its duties.
Section 13.21 Agreement for Capital Improvements
1. The City Council may approve the owner of a new development to construct or finance some of the
public improvements identified in the CIP. In the case of such approval, the property owner must
enter into an agreement with the City prior to fee collection. The agreement shall be on a form
approved by the City, and shall establish the estimated cost of improvement, the schedule for
initiation and completion of the improvement, a requirement that the improvement shall be completed
to City standards, and any other terms and conditions the City deems necessary. The Engineer shall
review the improvement plan, verify costs and time schedules, determine if the improvement is
contained in the CIP, and determine the amount of the applicable credit for such improvement to be
applied to the otherwise applicable impact fee before submitting the proposed agreement to the
Council for approval.
2. The City and such owner either may agree that the costs incurred or funds advanced will be credited
against the impact fees otherwise due from the new development, or they may agree that the City
shall reimburse the owner for such costs from impact fees paid from other new developments which
will use such capital improvements or facility expansions.
Section 13.22 Use of Other Financing Mechanisms
1. The City may finance water, wastewater and roadway capital improvements or facilities expansions
designated in the capital improvements plan through the issuance of bonds, through the formation of
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public improvement districts or other assessment districts, or through any other authorized
mechanism, in such manner and subject to such limitations as may be provided by law, in addition to
the use of impact fees.
2. Except as herein otherwise provided, the assessment and collection of an impact fee shall be
additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment
which is lawfully imposed on and due against the property.
Section 13.23 Exemption of Roadway Impact Fees
When a building permit application for a new commercial or industrial development is accompanied with
adequate documentation, such as an executed contract, to verify that 50% of the proposed floor space will
generate city sales tax revenues, such new development shall be exempt from the payment of seventy-five
percent (75%) of the roadway impact fee.
Section 13.24lmpact Fees as Additional and Supplemental Regulation
1. Impact fees established by this Chapter are additional and supplemental to, and not in substitution of,
any other requirements imposed by the City on the development of land or the issuance of building
permits or the sale of water or wastewater taps. Such fees are intended to be consistent with and to
further the policies of City's Comprehensive Plan, capital improvements plan, zoning ordinance,
subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to
ensure the provision of adequate public facilities in conjunction with the development of land.
2. This Chapter shall not affect, in any manner, the permissible use of property, density of development,
design, and improvement standards and requirements, or any other aspect of the development of
land or provision of public improvements subject to the zoning and subdivision regulations or other
regulations of the City, which shall be operative and remain in full force and effect without limitation
with respect to all such development.
Section 13.25 Relief Procedures
1. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid
may petition the Council to determine whether any duty required by this ordinance has not been
performed within the time so prescribed. The petition shall be in writing and shall state the nature of
the unperformed duty and request that the act be performed within sixty (60) days of the request. If
the Council determines that the duty is required pursuant to the ordinance and is late in being
performed, it shall cause the duty to commence within sixty (60) days of the date of the request and
to continue until completion.
2. The Council may grant a variance or waiver from any requirement of this ordinance, upon written
request by a developer or owner of property subject to the ordinance, following a public hearing, upon
finding that a strict application of such requirement would, when regarded as a whole, result in
confiscation of the property.
Section 13.26 Water Facilities Impact Fees
13.26.A
WATER SERVICE AREA
1. There is hereby established a water service area as depicted on Exhibit "13-A" (Service Area
Map), attached hereto and incorporated herein by reference.
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2. The boundaries of the water service area may be amended from time to time, and new water
service areas may be delineated, pursuant to the procedures in Chapter 395 of the Texas Local
Government Code.
13.26.B
VVATERIMPROVEMENTSPLAN
1. The Water Improvements Plan for the City prepared by the engineering consulting firm of Kimley-
Horn, and Associates, Inc., dated March, 1999, is hereby adopted and incorporated by reference
herein.
2. The Water Improvements Plan may be amended from time to time, pursuant to the procedures
set forth in Chapter 395 of the Texas Local Government Code and its successors.
13.26.C
VV A TER IMPACT FEES
1. The maximum impact fees per service unit for water facilities are hereby adopted and
incorporated in Exhibit "13-E" (Table of Maximum Assessable Water and Wastewater Impact
Fees) attached hereto and made a part hereof by reference.
2. The actual water impact fee collection rate which is to be paid by each new development shall be
82% of the maximum allowed by this Chapter. This rate is incorporated into the Schedule of
Actual Water and Wastewater Impact Fees to be Collected and is attached as Exhibit "13-G",
which is made a part hereof by reference.
3. The impact fees per service unit for water facilities may be amended from time to time, pursuant
to the procedures in Chapter 395 of the Texas Local Government Code.
Section 13.27 Wastewater Facilities Impact Fees
13.27.
VV ASTEW A TER SERVICE AREA
1. There is hereby established a wastewater service area as depicted on Exhibit "13-A" (Service
Area Map) attached hereto and incorporated herein by reference.
2. The boundaries of the wastewater service area may be amended from time to time, and new
wastewater service areas may be delineated, pursuant to the procedures in Chapter 395 of the
Texas Local Government Code.
13.27.B
VVASTEWATERIMPROVEMENTSPLAN
1. The Wastewater Improvements Plan for the City prepared by the engineering consulting firm of
Kimley-Horn, and Associates, Inc., dated March, 1999, is hereby adopted and incorporated by
reference herein.
2. The Wastewater Improvements Plan may be amended from time to time, pursuant to the
procedures set forth in Chapter 395 of the Texas Local Government Code and its successors.
13.27.C
VV ASTEW A TER IMPACT FEES
1. The maximum impact fees per service unit for wastewater facilities are hereby adopted and
incorporated in Exhibit "13-E" (Table of Maximum Assessable Water and Wastewater Impact
Fees) attached hereto and made a part hereof by reference.
2. The actual wastewater impact fee collection rate which is to be paid by each new development
shall be 100% of the maximum allowed by this Chapter. This rate is incorporated into the
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Schedule of Actual Water and Wastewater Impact Fees to be Collected and attached as Exhibit
"13-G", which is made a part hereof by reference.
3. The impact fee per service unit for wastewater facilities may be amended from time to time,
pursuant to the procedures in Chapter 395 of the Texas Local Government Code.
Section 13.28 Roadway Facilities Impact Fees
13.28.A
ROADWAY SERVICE AREAS
1. There is hereby established roadway service areas as depicted on Exhibit" 13-A", (Service Area
Map) attached hereto and incorporated herein by reference.
2. The boundaries of the roadway service areas may be amended from time to time, and new
service areas may be delineated, pursuant to the procedures in Chapter 395 of the Texas Local
Government Code.
13.28.B
ROADWAY IMPROVEMENTS PLAN
1. The Roadway Improvements Plan for the City prepared by the engineering consulting firm of
Kimley-Horn, and Associates, Inc., dated February, 2000, is hereby adopted and incorporated by
reference herein.
2. The Roadway Improvements Plan may be amended from time to time, pursuant to the
procedures set forth in Chapter 395 of the Texas Local Government Code.
13.28.C
ROADWAY IMPACT FEES
1. The maximum impact fees per service unit for roadway facilities are hereby adopted and
incorporated in Exhibit "13-F" (Schedule of Maximum Assessable Roadway Impact Fees)
attached hereto and made a part hereof by reference.
2. The impact fees per service unit for roadway facilities which are to be paid by each new
development shall be as follows:
a. Service Area 1: The actual Roadway Impact Fee collection rate shall be 100% of the
maximum allowed by this Chapter for all uses, except church, office and retail uses which
shall be 35% of the maximum allowed.
b. Service Area 2: The actual Roadway Impact Fee collection rate shall be 100% of the
maximum allowed by this Chapter for all uses, except church, office and retail uses which
shall be 35% of the maximum allowed.
c. The above rates are incorporated into the Schedule of Roadway Impact Fees to be Collected
and attached as Exhibit "13-H", which is made a part hereof by reference.
3. The impact fees per service unit for roadway facilities may be amended from time to time,
pursuant to the procedures in Chapter 395 of the Texas Local Government Code.
Section 13.29 Amendments to This Chapter
Chapter 13 - Impact Fees
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Reserved for listing of amendments to this Chapter.
City of
Ord. Number
0-00-1218
Date
06/20/00
Chapter 13 - Impact Fees
Sub"eet
Established 35% collection rate on church, office and retail uses.
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Chapter 13 - Impact Fees
Exhibit "13-A"
Service Area Map
SERVICE AREA BOUNDARY -----__
City of
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City of
Exhibit "13-8"
Table of Land Use Assumptions
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Chapter 13 - Impact Fees
Page 13 - 16
Land Develooment Code
Collevville. Texas
Chapter 13 - Impact Fees
City of
Exhibit "13-C"
Table of Water & Wastewater
Living Unit Equivalencies
By Meter Size
Meter Type Meter Size Ratio to
1" Meter
Simple 5/8" x 3j." 0.7
Simple 3j." or 1" 1.0
Simple 1-1/2" 2.0
Simple, Compound 2" 3.2
Turbine 2" 4.0
Compound 3" 6.0
Turbine 3" 7.0
Compound 4" 10.0
Turbine 4" 12.0
Compound 6" 20.0
Turbine 6" 25.0
Turbine 8" 36.0
Turbine 10" 58.0
Turbine 12" 86.0
Exhibit "13-0"
Table of Trip Generation Equivalents
For Roadway Impact Fees
Trips Unit of Trip
Land Use Generated Generation
Per Unit1
Single Family 9.57 Dwelling Unit
Multi-Family 6.63 Dwelling Unit
Office 11.01 1000 W GFA
Retail 53.23 1000 ft" GFA
Schools 1.02 Students
Churches 9.11 1000 W GFA
Industrial 51.8 Acre
Private Open Spaces 1.59 Acre
Based on 1997 Trip Generation Manual
Page 13 - 17
Land Develooment Code
Collevville, Texas
Exhibit "13-E"
Table of Maximum Assessable Water and Wastewater Impact Fees
Maximum Maximum
Ratio to Assessable Assessable
Meter Type Meter Size 1" Meter Water Wastewater
Impact Fee Impact Fee
Simple 5/8" x 0/." 0.7 $ 2,507 $ 179
Simple 0/."or1" 1.0 $ 3,581 $ 256
Simple 1-1/2" 2.0 $ 7,163 $ 512
Simple, Compound 2" 3.2 $ 11,461 $ 819
Turbine 2" 4.0 $ 14,326 $ 1,024
Compound 3" 6.0 $ 21,489 $ 1,536
Turbine 3" 7.0 $ 25,070 $ 1,792
Compound 4" 10.0 $ 35,814 $ 2,560
Turbine 4" 12.0 $ 42,977 $ 3,072
Compound 6" 20.0 $ 71,629 $ 5,120
Turbine 6" 25.0 $ 89,536 $ 6,400
Turbine 8" 36.0 $ 128,932 $ 9,216
Turbine 10" 58.0 $ 207,724 $ 14,848
Turbine 12" 86.0 $ 308,004 $ 22,016
Exhibit "13-F"
Table of Maximum Assessable Roadway Impact Fees
Service Service
Land Use Unit of Trip Area 1 Area 2
Generation Fee Fee
Single Family Dwelling Unit $ 1,962 $ 1,589
Multi-Family Dwelling Unit $ 1,359 $ 1,101
Office 1000 s.f. GFA $ 2,257 $ 1,828
Retail 1000 sJ. GFA $ 10,912 $ 8,836
School Students $ 209 $ 169
Church 1000 s.f. GFA $ 1,867 $ 1,512
Industrial Acre $ 10,619 $ 8,599
Private Open Space Acre $ 326 $ 264
Chapter 13 - Impact Fees
City of
Page 13 - 18
Land Develooment Code
Collevville. Texas
City of
Exhibit "13-G"
Schedule of Actual Water and Wastewater Impact Fees To Be Collected
Actual Actual Total Water &
Water Wastewater Wastewater
Meter Type Meter Size Impact Fee Impact Fee Impact Fees
Collected Collected To Be Collected
Simple 3/4" $ 2,056 $ 179 $ 2,235
Simple 1" $ 2,936 $ 256 $ 3,192
Simple 1-1/2" $ 5,874 $ 512 $ 6,386
Simple, Compound 2" $ 9,398 $ 819 $ 10,217
Turbine 2" $ 11,747 $ 1,024 $ 12,771
Compound 3" $ 17,621 $ 1,536 $ 19,157
Turbine 3" $ 20,557 $ 1,792 $ 22,349
Compound 4" $ 29,367 $ 2,560 $ 31.927
Turbine 4" $ 35,241 $ 3,072 $ 38,313
Compound 6" $ 58,736 $ 5,120 $ 63,856
Turbine 6" $ 73,420 $ 6,400 $ 79,820
Turbine 8" $ 105,724 $ 9,216 $ 114,940
Turbine 10" $ 170,334 $ 14,848 $ 185,182
Turbine 12" $ 252,563 $ 22,016 $ 274,579
Exhibit "13-H"
Schedule of Roadway Impact Fees to be Collected
Land Use Unit of Trip Service Service
Generation Area 1 Area 2
Single Family lIing Unit $ 1,962 $ 1,589
Multi-Family Dwelling Unit $ 1,359 $ 1,101
Office 1,000 s. f. GF 790 $ 640
1,000 S. f. GF , 19 $ 3.093
(1) 1,000 s. f. GFA $ 955 $ 773
School Students $ 209 $ 169
Church 1,000 s. f. GFA $ 653 $ 529
Industrial Acre $ 10,619 $ 8,599
Private Open S Acre $ 326 $ 264
(1) Per refund criteria for sales tax businesses
(2) All fees shown are after applying collection rate
Chapter 13 - Impact Fees
Page 13 - 19