Article 1. Planning and Zoning Commission.
Section 13-1. Creation of Commission; Purpose; Membership.
(a) Creation and Purpose. A Planning and Zoning Commission is hereby created in order to accomplish the following purposes:
- To identify community needs and to advise the City Council of their short-range and long-range implications for the total development of the City;
- To recommend achievable community goals as a basis for long-range planning and development programs;
- To recommend plans, programs and policies that will aid the entire community in achieving its defined goals; and
- To interpret the adopted plans and programs to concerned citizens so that private activities and desire may be accomplished in harmony with public needs and policies.
(b) Membership and Appointment. The Planning and Zoning Commission shall be composed of three (3) qualified resident voters of the City. The City Council will consider for appointment to the Commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning, and availability to prepare for and attend meetings. It is the intent of the City Council that members shall, by reason of diversity of their individual occupations, constitute a Commission that is broadly representative of the Community.
Section 13-2. Terms of Office.
(a) The terms of the members shall be two (2) for three years (Commission Members I and II), one (1) for two years (Commission Member III). Terms of the service shall begin on October 1st and end on September 30th of the appropriate year. Terms of office of Commission members shall commence beginning October 1, 2008 and be reappointed every three (3) years thereafter. Terms if office for Commission member III shall commence beginning October 1, 2008 and be reappointed every “even” year thereafter. Commission members may be appointed to succeed themselves. Vacancies shall be filled by the City Council, for unexpired terms. Newly appointed members shall be installed at the first Commission meeting after appointment.
Section 13-3. Organization.
(a) The Commission shall hold an organizational meeting at the first meeting after appointments to the Commission are made and shall elect a Chairman from among its members before proceeding to any other matters of business. The Commission shall elect a Secretary from its membership or appoint one from City staff members assigned to work with the Commission. The Commission shall keep records of its proceedings consistent with the provisions of this Code and the requirements of law.
Section 13-4 Duties and Powers.
(a) The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:
- Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and City Code.
- Formulate and recommend to the City Council, for its adoption, a City Plan for the orderly growth and development of the City and its environs, and from time-to-time, recommend such changes in the Plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the City.
- Formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in V.T.C.A., Local Government Code Chapter 211, and all powers granted under said Chapter are specifically adopted and made a part hereof.
- Exercise all the powers of a Commission as to approval or disapproval of plans, plats or re-plats and vacations of plans, plats or re-plats set out in V.T.C.A., Local Government Code Chapter 212.
- Study and recommend on the location, extension and planning of public right-of-way, parks or other public places and on the vacating or closing of same.
- Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art, which are, or may become, the property of the City.
(b) Initiate, in the name of the City, for consideration at public hearings, all proposals;
- For the opening, vacating or closing of public right-of-way, parks or other public places;
- For the original zoning of annexed areas; and
- For the change of zoning district boundaries on an area-wide basis.
(c) No fees shall be required for the filing of any such proposal in the name of the City.
(d) Formulate and recommend to the City Council for its adoption, policies and regulations consistent with the adopted City Plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the City.
Section 13-5. Meetings and Quorums.
(a) Meetings of the Commission shall be held quarterly and the call of the Chairman, or in the absence of the Chairman, an Acting Chairman. A quorum for the conduct of business shall consist of two (2) members of the Commission. The members of the Commission shall regularly attend meetings and public hearings of the
Commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
Section 13-6. Commission Actions.
(a) A motion may be made by any member other than the presiding officer,
(b) A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require three (3) favorable votes. If there are less than three favorable votes, consideration of the application shall be automatically continued to the next meeting. The minutes shall record the vote of each member upon each motion, or, if absent or failing to vote, such fact shall be indicated. All records created by the Commission will be kept in the office of the Planning and Zoning Commission at City Hall. Provided further that no request or application shall be continued under this rule beyond the next meeting. Failure of the Commission to secure three (3) concurring votes to recommend approval or recommendation of City Council approval at said next meeting shall be recorded in the minutes as a denial of the proposal under this rule.
Section 13-7. Voting Disqualification.
(a) Members shall disqualify themselves from voting whenever they find that they have a personal interest or monetary interest in the property under appeal, or that they will be directly affected by the decision of the Commission.
(b) Members may disqualify themselves from voting whenever any applicant, or applicant’s agent, has sought to influence the vote of a member on applicant’s application, other than in the public hearing.
(c) Should more than two members disqualify himself or herself, and then application should be forwarded immediately to the City Council for consideration.
Section 13-8. No Liability of City, Its Officers, Employees and Agents.
(a) Nothing in this Code should, is intended to or shall be construed to create any liability of the City, its officers, employees or agents to any third person as a result of acts or omissions relating to this Code.
Section 13-9. Governmental Immunity.
(a) All of the regulations provided in this code chapter are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this code chapter, acting for the City of White Deer in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her said duties.
Article 2. Planning and Zoning Definitions.
Section 13-10. Definitions.
The following definitions shall apply:
(a) Words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, the word “building” includes the word “structure”, the word “lot” includes the word “plot” and the word “shall” is mandatory and not discretionary.
(b) Accessory Building or use: An “accessory building or use” is one which:
- Is subordinate to and serves a principal building or principal use; and
- Is subordinate in area, extent, or purpose to the principal building or principal use served; and
- Contributes to the comfort, convenience, and necessity of occupants of the principal building or principal use served; and
- Is located on the same building lot as the principal building or principal use served; and
- Includes home occupations which would be an occupation carried on within the walls of a dwelling unit and not visible or noticeable in any manner or form from outside the walls of the dwelling, except for a sign which identifies the home occupation and does not exceed two (2) square feet in area. The said home occupation must not create noise or obnoxious conditions to abutting residential property, such as emission of odor, increased traffic, or generation of light or smoke.
(c) Agriculture: The act of producing crops and/or orchards and the raising of livestock.
(d) Alley: A way, which extends only secondary means of access to abutting property.
(e) Apartment: A room or suite of rooms in an apartment house or tenement, arranged, designed, or occupied as the residence of a single family, individual, or group of individuals.
(f) Apartment House: A building, or portion thereof, arranged designed or occupied by three (3) or more families living independently of each other.
(g) Block Face: A “block face” is a side of a block facing upon a street, within which lots face the abutting street.
(h) Board: The word “Board” shall mean the Board of Adjustments.
(i) Boarding House: A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation
(j) Build: The word “build” means to erect, convert, enlarge, reconstruct, or alter a building or structure.
(k) Buildable Width: The “buildable width” of a building site is width of the building site left to be built upon after the required set backs are provided.
(l) Building: A “building” is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
(m)Building Height: The height of a building or portion of a building shall be measured from the average established grade of the street lot line or from the average natural ground level if higher, or if no street grade has been established, to the highest point of the roof’s surface if a flat surface; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, radio and television towers, ornamental
cupolas, domes or spires, elevator bulk heads, pent houses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.
(n) Building Line: The “building line” is a line forming the rear of the required front set back, such line being generally parallel to the front lot line.
(o) Building Lot: A “building lot” is a tract of land, which at the time of filing for a building permit, is intended by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a dedicated street or approved place.
(p) Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
(q) Customary Home Occupations: Occupations ordinarily carried on in a home that is not detrimental, objectionable, or injurious to adjoining property. Any occupation that cannot be seen or heard, create odors, or cause any problems to the adjoining property owners shall be the only home occupations permissible.
(r) District: A “district” is a zoning district, which is a part of the City of White Deer, Texas wherein the regulations of this code are uniform.
(s) Dwelling: A “dwelling” is a building or portion thereof, but not a mobile / manufactured home, designed and used exclusively for residential occupancy, including one-family dwelling, two-family dwelling, and multiple-family dwellings, but not including hotels, motels or lodging houses.
- Dwelling, Single-Family: A “single-family dwelling” is a residential structure containing only one dwelling unit and/or occupied by only one family.
- Dwelling, Two-Family: A “two-family dwelling” is a residential structure containing two dwelling units and/or occupied by two families.
- Dwelling, Multiple-Family: A “multiple-family dwelling” is a residential structure or portion thereof constructed for and/or occupied by three or more families and containing three or more dwelling units.
(t) Dwelling Unit: A “dwelling unit” is one or more rooms, which are arranged, designed, used, or intended to be used for occupancy by a single family or a group of persons living together as a family or by a single person. Bathrooms and kitchen facilities, permanently installed, are provided for each dwelling unit.
(u) Farm: The act of raising crops or livestock.
(v) Garage, Private: A garage with a capacity for not more than three motordriven vehicles for storage only and for private use.
(w)Garage, Public: Any premises not a private garage, as defined above, used for housing vehicles, or where any such vehicles are repaired for operation, or kept for remuneration, hire, or sale.
(x) Garage, Storage: Any premises, except those defined as a private or public garage, used exclusively for the storage of automobiles and other motor vehicles.
(y) Garden: A plot of ground where herbs, fruits, flowers and vegetables are cultivated; however, use of a garden does not exempt the requirements of the set backs of the zone in which the garden is located.
(z) Interior Court: An open, unoccupied space surrounded on all sides by walls or by lot lines.
(aa) Hotel/ Motel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the
rooms are occupied for hire, in which provisions are not made for cooking in any individual apartment, and in which there are sleeping rooms, a public dining room for the accommodation of guests, and a general kitchen.
(bb) Kennel: An authorized commercial establishment where three (3) or more dogs over the age of four (4) months of age or eleven (11) or more dogs under the age of four (4) months are kept for breeding or boarding purposes, except Veterinary facilities.
(cc) Livestock Event: Organized competition with spectators.
(dd) Livestock, Small: Shall include but not be limited to all types of domesticated swine, sheep, goats and fowl.
(ee) Livestock, Large: Shall mean any member of the domesticated equine family including horses, ponies, mules, donkeys, and burros, and all members of the domesticated bovine family, including but not limited to bulls, cows, steers and other animals of similar size including, but not limited to ostriches, emus, rheas and llamas.
(ff) Loading Space: A “loading space” is an area within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks.
(gg) Lot: A “lot” is a tract or parcel of land, which is occupied or intended to be occupied by a building or use and having frontage on a dedicated street, or approved place.
- Lot, Corner: A “corner lot” is a building lot situated at the intersection of two streets.
- Lot, Interior: An “interior lot” is a building lot other than a corner lot.
- Lot, Through: A “through lot” is a building lot where both the front and rear lot lines adjoin street lines. On a “through lot” both street lines shall be deemed front lot lines.
(hh) Lot Area: The “lot area” is the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot.
(ii) Lot Depth: “Lot depth” is the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary.
(jj) Lot Line: A “lot line” is a boundary of a building lot.
- Lot Line, Front: A “front lot line” is the boundary of a building lot, which is the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line provided a front and rear set back are established adjacent and opposite, respectively to the front lot line.
- Lot Line, Side: A “side lot line” is any boundary of a building lot, which is not a front lot line or a rear lot line.
- Lot Line, Rear: A “rear lot line” is that boundary of a building lot, which is most distant from and is, or is most nearly, parallel to the front lot line.
(kk) Lot Width: The “lot width” is the minimum distance measured in straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building line opposite from the front lot line and one, which must touch the building line at one point.
(ll) Lot of Record: A “lot of record” is an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the State of Texas with the County Clerk of the County of Carson, Texas, or an area of land held in single ownership
described by metes and bounds upon a deed recorded or registered with the County Clerk.
(mm) Manufactured Home: Shall follow the definition as defined under The Texas Manufactured Housing Standards Act (TMHSA) describes “manufactured home” as a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
(nn) Mobile Home: Shall follow the definition as defined under The Texas Manufactured Housing Standards Act (TMHSA) describes a “mobile home” as a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
(oo) Manufactured Home Park: A unified development of three or more mobile / manufactured home spaces or stands arranged on a tract of land under private ownership.
(pp) Manufactured Home Subdivision: A unified development of mobile/ manufactured home sites or lots, which have been divided for the purpose of individual ownership.
(qq) Non-Conforming Building Or Lot: A “non-conforming building” is any building or structure within a district that does not comply with the height, parking, loading, coverage, area, or screening regulations of the district in which it is located and a “non-conforming lot” is any lot within a district that does not conform to the width, depth, and area regulations of the district in which it is located.
(rr) Non-Conforming Use: A “non-conforming use” is any use within a district that is not specifically permitted by the use regulations of the district in which it is located.
(ss)Nuisance: A “nuisance” shall be any cause or source of annoyance or harm to person or property in a particular locality, which constitutes an invasion or disturbance of another’s rights.
(tt) Open Storage: “Open storage” is the storage of any equipment, machinery, commodities, raw or semi-finished materials, and building materials which is visible from any point on the building lot line when viewed from ground level to six feet above ground level.
(uu) Orchard: A concentrated planting of nut or fruit trees.
(vv) Parking Lot: Any open areas other than a street, alley or place used for the temporary parking of more than four (4) motor vehicles and available for public
use for hire but not including such parking space as may be available for the free use and accommodation of clients or customers of one or more business establishments.
(ww) Parking Space: A “parking space” is a surface area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile. A “parking space” shall not occupy any public land.
(xx) Pet: Shall be those animals as defined under the City of White Deer Animal Chapter of this Code.
(yy) Rodeo/ Rodeo Grounds: A public arena featuring livestock events. The City of White Deer designates that area as the rodeo grounds and community center.
(zz) R.V. Park: A unified development under private ownership designed primarily for transient service on which travel trailers, recreational vehicles, pickup coaches, and self-propelled motorized vehicles are parked, situated or used for the purpose of supplying to the public a parking space for such vehicles.
(aaa) Service Station: A place where gasoline or oil and grease or accessories are sold, supplies are dispensed to the retail motor vehicle or where motor vehicles are repaired or equipped for service or where electric storage batteries are recharged and cared for or a place where any two (2) or more such activities are carried on or conducted.
(bbb) Set Back: A “set back” is an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. A “set back” extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located.
- Set Back, Required Front: A “required front set back” is a set back extending along the front lot line between the side lot lines, the depth of which is measured from the front lot line and the dimension of which is in accordance with the front set back requirement for the district in which it is located.
- Set Back, Required Side: A “required side set back” is a set back extending along the side lot line between the front and rear set backs, the width of which is measured from the side lot line and the dimension of which is in accordance with the side set back requirements for the district in which it is located.
(ccc) Stable, Private: A stable with a capacity for not more than four (4) horses, mules or other domestic animals.
(ddd) Stable, Public: A stable with a capacity for more than four (4) horses, mules or other domestic animals.
(eee) Stand: An area within a mobile/manufactured home park or subdivision which has been improved for a single mobile / manufactured home and provides for connection of required utilities.
(fff) Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above.
(ggg) Story, Half: A story having an average height of no more than eight (8) feet covering a floor area of not more than seventy-five percent (75%) of the floor on the story next below.
(hhh) Street: Any public thoroughfare dedicated to the public and not designated as an alley.
(iii) Street Line: A lot line along any street other than the street upon which the lot fronts, provided that when any lot shall extend completely from one street to another at opposite ends of the same lot, the said lot shall be deemed to front on both of such streets.
(jjj) Structural Alterations: Any change on the supporting member of a building, such as bearing wall, columns, beams or girders or other framing of the original structure.
(kkk) Temporary Field or Construction Offices: Temporary real estate sales offices, and temporary building material storage areas to be used for construction purposes in connection with the property on which they are erected may be permitted for specific periods of time when approved by the Zoning Official by issuance of a permit. Such temporary use shall not continue to exist on the premises after the construction for which they were erected is completed.
(lll) Tract of Land: Any piece or parcel of land whether or not divided by platting into lots.
(mmm) Trailer: A structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office
(nnn) Use: The “use” of property is the purpose or activity for which the land, or building thereon, is designed, arranged, intended, or for which it is occupied or maintained.
(ooo) Utility Installation, Public or Private: Any public or private Utility installation franchised or otherwise approved by the City, providing required utility services to the community and surrounding area.
(ppp) Wood/ Lumber Products: Including logging camps and contractors; Sawmills and planing mills; and the manufacturing of millwork, veneer, plywood, prefabricated structural wood products, wood furniture, and other lumber and wood products.
(qqq) Wrecking Yard, Junk and Salvage: A yard or building where automobiles, machinery, appliances, or other used commodities and equipment are stored, dismantled, and/or offered for sale as whole units or as salvaged parts.
(rrr) Zoning Map: The “zoning map” is the map or maps incorporated into this code as a part hereof by reference thereto.
Section 13-11. Reserved for future use.
Article 3. Zoning Districts; Regulations, Requirements.
Section 13-12. Zoning Districts.
(a) In order to restrict and regulate the different land use, the City of White Deer, Texas, is hereby divided into different classes of districts, of which there shall be four (4), known and designated as:
- A -Agricultural District
- R- Residential District
- M-Mobile / Manufactured Home District
- B- Business District
(b) The boundaries of each district are shown upon the map, which accompanies and is made apart of this code and is designated as the Zoning Map, the boundaries being shown by various colors, letters, figures, and markings. The Zoning Map and all coloring, makings, notations, references, and other information shown on said Zoning Map and all notations, references, and other information shown thereon are all fully set forth or described herein.
(c) Except as hereinafter provided:
- No land shall be used except for a purpose permitted in the district in which it is located.
- No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.
- No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which such building is located.
- No building shall be erected, not in conformity with the area regulations of the district in which such building is located.
- No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off street parking and loading regulations of the district in which such building is located.
- The minimum set backs, parking spaces and open spaces, including lot area per dwelling unit, required by this code for each and every building existing at the time of passage of this code or for any building hereafter erected, shall not be encroached upon or considered as part of the set back or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this code for the district in which such lot is located.
- Every building hereafter erected or structurally altered shall be located on a lot as herein defined.
- All territory, which may hereafter be annexed to the City of White Deer, Texas, shall be subject to all of the restrictions and regulations of an “R” District until otherwise changed by an amendment to this code.
(d) Any zoning district designation appearing on the Zoning District Map may be preceded by the prefix FP. Such an indication shall apply to low lying flood plain areas along major streams and drainage ways in the City which are subject to periodic inundation, and which are unsuited in present form for use as building sites. Those zoning districts whose designation is preceded by the prefix FP may be used only for those uses hereinafter listed.
(e) Certain uses, because of their nature and existing locations, are not always
appropriate for categorizing into specific zoning districts. To provide for the proper handling and location of such specific uses, provision is made hereinafter for the granting of a permit for a specific use in a specific location.
Section 13-13. Zoning District Map.
(a) The location and boundaries of the districts herein established are shown upon the zoning District Map, which is hereby incorporated into this Code. Said Zoning District Map, together with all notations, references, and other information shown thereon and all the amendments thereto, shall be as much a part of the Code as if fully set forth and described.
(b) The two (2) Zoning District Maps shall be kept in the office of the City Secretary.
(c) It shall be the duty of the City Secretary to keep the Zoning District Map current by entering on such maps changes of zoning districts or district boundaries which the City Council may from time to time order by amendments to the Zoning Code and Zoning District Map. A copy of the Zoning District Map, in the form as originally adopted, shall be kept in the office of the City Secretary as a permanent Code
(d) Upon the adoption of this Code, the City Secretary shall affix a certificate identifying the map in his office as the Zoning Map of the City. All amendments of the Map shall be made immediately after their enactment and the date of the change shall be noted on the certificate.
Section 13-14. Zoning District Boundaries.
(a) Where uncertainty exists with respect to the boundaries of any of the aforesaid districts shown on the Zoning District Map, the following rules, shall apply:
- Where district boundaries are indicated, as approximately following the centerlines of streets or highways, such centerlines, shall be construed to be said boundaries.
- Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
- Where district boundaries are so indicated that they are approximately parallel to the centerline of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Zoning District Map. If no distance is given, such dimensions shall be determined by the use of the scale on said Zoning District Map.
- In unsubdivided property, the district boundary lines on the Zoning District Map shall be determined by use of the scale appearing on the map.
- Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
- Where the street layout actually on the ground varies from the street layout on the Zoning Map, the Board of Adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular plan in question.
- If none of the above applies, the Board of Adjustment shall determine the location of the district boundary.
Section 13-15. Zoning of Newly Annexed Areas.
(a) All territory, which may hereafter be annexed to the City of White Deer, Texas, shall be subject to all of the restrictions and regulations of an “R” District, until otherwise changed by an amendment to this code. All territory annexed to the City hereafter shall be temporarily classified as a Residential District, prior to the recommendation of the Planning and Zoning Commission, until such permit has been specifically authorized by the City Council after receipt of recommendation and approval from the Planning and Zoning Commission. (Section 21)
Section 13-16. Flood Plain.
(a) To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the health, safety and general welfare of the community, portions of certain districts may be designated with a Flood Plain prefix, “F P” and shall be subject to the following provisions.
- The following uses shall be permitted within that portion of a district designated with a Flood Plain “F P” prefix:
- Agricultural activities which is the act of producing crops and/or
- An orchard and the raising of livestock.
- Off-street parking incidental to any adjacent main use.
- Electrical substation.
- All types of local utilities.
- Parks, community centers, playgrounds, public golf courses.
- Private commercial open area amusements such as golf courses,
- Driving ranges, archery courses and similar uses when approved
- By Specific Use Permit as provided by Section 17.
(b) No permanent building or structure shall be erected in that portion of a district designated with a Flood Plain “F P” prefix until and unless such structure has been approved by the City Engineer, based upon certification by a Registered Engineer that such building or structure would not constitute an encroachment, hazard or obstacle to the movement of flood waters and that such construction would not endanger the public health and welfare or value and safety of the property.
(c) Any dump, excavation, storage or filling operation within that portion of a district having a Flood Plain “F P” prefix shall be approved in writing by the City Engineer before such operation is begun except that such approval shall not be required for the improvement or repair of levees or drainage related thereto when such are located within a legally constituted district charged with such responsibility.
(d) An area may be removed from the Flood Plain prefix designation when, by the provision of drainage works, grading, floor protection or specific drainage study, it is determined by the City Engineer that the flood hazard has been alleviated. Removal of the Flood Plain prefix shall be accomplished by written notification by the City Engineer to the Zoning Commission.
(e) Official setting forth the description of the area from which the Flood Plain “F P” prefix should be removed.
(f) The fact that land or property is or is not within a district having a Flood Plain prefix shall not constitute assurance that such land or property is not subject to local flooding and the designation of the Flood Plain prefix in this code shall not be so interpreted.
(g) However, nothing above shall allow any activities within a designated flood plain area, which are in conflict with the regulations of the zoning district in which the flood plain is located. (Issue of “f “above)
Section 13-17. R– Residential District.
(a) In an “R” District no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:
- Single-family dwelling.
- Multi-family dwelling.
- Church or other place of worship.
- Park, playground, community building, and other public recreational
- Facility owned and/or operated by the municipality or other Governmental agency.
- Public building, including library, museum, police and fire station.
- School; public, primary or secondary.
- School; private, with curriculum equivalent to that of a public, primary or secondary school.
- Temporary building for a use incidental to construction work on the premises, which buildings shall be removed upon the completion or Abandonment of construction work.
- Institution of an educational, philanthropic, charitable or religious nature.
- Necessary public or private utility installation, water supply reservoirs, well, tower, pumping stations, fire stations, gas and electric utility regulator stations; provided however, that the size and location of such stations are to be determined or fixed by the City Council.
(b) The uses customarily incident to any of the above uses when situated on the same dwelling and not involving the conduct of a business; including the customary home occupations engaged in by the occupants of the dwelling and also including the office of a doctor, dentist, musician, artist or similar profession when situated in the same dwelling but said incidental use shall never be permitted as a principal use but only as a secondary use, provided no nuisance is created for adjoining property owners, when indispensably necessary to the enjoyment of the premise for anyone of the uses permitted in an “R” District and further provided that no name plate, sign board, or advertising sign of any nature exceeding two (2) square feet in area shall be permitted in an “R” District and not more than one (1) such sign if permitted to each residence.
(c) Accessory Building, if detached from the main building, shall not be located nearer than 80 feet from the front lot line nor less than 5 feet from any other street line and not less than 3 feet from either inside lot line. Carports, private garages and servants’ quarters are permitted subject to established setback provisions. The servants’ quarters shall not be leased or rented to anyone other than the family of a bona fide servant giving more than 50 percent of his or her time to the family occupying the premises.
(d) Height Regulations: No building shall exceed thirty-five (35) feet in height.
(e) Residence Not Built on-site (moved in): No residence shall be moved into The Residential District of the zoned section until it meets the following requirements;
- The house must meet all the requirements of this article, and the City of White Deer must approve its construction.
- The City Superintendent shall have the authority to allow certain finishing work and building and code compliance to be done to a house moved into any zoned district as preparation to meet the article requirements.
- All work done to meet these requirements must be completed within twelve (12) months from date the permit is issued.
- The home must be physically inspected by the City Superintendent or Designated official prior to issuance of certificate of occupancy.
- For the purpose of clause e, a residence not built on site shall NOT include manufactured housing or mobile homes as described by the Texas Manufactured Housing Standards Act according to the rules of the United Stated Department of Housing and Urban Development.
(f) Set Back Requirements:
- There shall be a front set back having a depth of not less than twenty (20) feet. In established residential areas front set back requirements will not be less than the average of existing structures on the block where the structure is to be located.
- Side set backs shall be provided as follows:
- Permitted Residential Uses: All lots shall have a side set back on each side of the lot of not less than ten (10) percent of the lot width or five (5) feet, whichever is greater; however, no side set back shall be required greater than ten (10) feet in width. A side set back through which vehicular access to a garage, carport, or parking area is provided shall have a width of not less than ten (10) feet.
- Permitted Non-Residential Use: All lots shall have a side set back on each side of the lot of not less than twenty (20) feet, except a side set back abutting a street or another non-residential use shall have a side set back of not less than ten (10) feet.
- All lots shall have a rear set back of not less than ten (10) feet.
(g) Lot Requirements:
- No building shall be constructed on any lot of less than five thousand (5,000) square feet. Lot size shall provide for a minimum of 2000 square feet of building area per dwelling unit constructed.
- The width of the lot shall not be less than fifty (50) feet at the front building line, nor shall its average width be less than fifty (50) feet.
- The average depth of the lot shall not be less than one hundred (100) feet.
Section 13-18. M-Manufactured/ Mobile Home District.
(a) A Manufactured Home shall follow the definitions as defined under the Texas Manufactured Housing Standards Act (TMHSA) describing “manufactured
home” as a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chasses and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
(b) A Mobile Home shall follow the definition as defined under The Texas Manufactured Housing Standards Act (TMHSA) describing a “mobile home” as a structure 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 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
(c) Use Regulations: In an “M” District no building or land shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:
- Any use permitted in R District.
- Manufactured / Mobile home parks.
- Manufactured /Mobile home subdivisions.
- Must be skirted within 90 days of move in date.
- Erected only on site lots in Manufactured / Mobile Home District described as follows: Lots 1-3 Blk 18, Lots 1-3 & 10-12 Blk 19, Lots 7-12 Blk 22, Lots 13-24 Blk 24, Lots 1-12 Blk 36, Lots 13-24 Blk 37 all of the Original Town; Lots 1-5 Blk1 & Lots 1-11 Blk 2 of Thornburg Addition; Lots 14-28 Blk 1 & Lots 1-9 Blk 2 of Tribbles addition; Lots 11-20 Blk 1 & Lots 1-10 Blk 2 of W N Hodge Addition; Lots 11-14 Blk 1 & Lots 4-10 Blk 2 of Highway Addition; Lots 1-9 Blk 1 & Lots 1-9 Blk 2 of Hammons Addition; Lots 11-20 Blk 1 & Lots 1-5 Blk 2 of Hodge Addition; and Lots 3 & 4 Blk 1 of Barnett Addition of the City of White Deer, Texas.
(d) With the passage of the original code, only manufactured homes may be moved to lots zoned for manufactured / mobile housing. See the attached addendum. Existing mobile homes are not affected by this code.
(e) Set Back Requirements: Requirements shall be the same as required for the R – Residential District, with the exception of manufactured / mobile home parks and manufactured /mobile home subdivisions which shall be provided for in Section F which follows.
(f) Development Standards for Manufactured/Manufactured Home Subdivisions:
- Area and Design Criteria:
- Basic Minimum Requirements:
1) Stand or Lot Requirements: Each stand in a manufactured home park shall provide a minimum area of thirty-five hundred (3,500) square feet. Each lot in a manufactured/ mobile home subdivision shall provide a minimum area of five thousand (5,000) square feet.
2) Open Space Requirements:
- a) The minimum front set back shall be fifteen (15) feet from the nearest corner of the manufactured home or recreational vehicle to the front line of the stand or lot.
- b) No manufactured home or recreation vehicle shall be closer than fifteen (15) feet to any adjoining public street nor closer than ten (10) feet to any stand or lot line.
- c) For other structures the minimum front set back shall be at least fifteen (15) feet.
- d) The minimum distance between manufactured homes shall be twenty (20) feet on the sides and sixteen (16) feet on the rear.
3) Height Regulations:
- a) The height limit for any manufactured or recreational vehicle in the park or subdivision shall be eighteen (18) feet.
- b) The height of the manufactured or recreational vehicle frame above the ground elevation, measured at 90 degrees to the frame shall not be greater than three (3) feet.
4) Soil and Ground Cover:
- a) Exposed ground surfaces in all parts of every park shall be paved, covered with stone screenings or other solid material, or protected with a vegetable growth that is capable of preventing soil erosion and eliminating dust.
- a) The ground surface in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each stand shall be graded to insure the proper drainage of water from the stand.
6) Design and Location of Storage Facilities in a Manufactured Home Park:
- a) Storage facilities with a minimum capacity of 200 cubic feet per stand are required and may be provided on the stand or in compounds located within one hundred (100) feet of each stand.
- a) Every manufactured home stand shall have two (2) off-street parking spaces.
- Accesses and Traffic Circulation and Parking:
- Streets shall be designed for safe and convenient access to all spaces and to facilitate for common use of park residents.
- Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to all areas of the manufactured home or recreational vehicle park or subdivision.
- Interior streets shall intersect adjoining public streets at approximately ninety (90) degrees and at locations, which will eliminate or minimize interference with traffic on those public streets.
- Water Supply:
- An accessible, adequate, safe, and potable supply of water meeting State standards shall be provided in each park. Connection shall be made to the public supply of water.
- Water Distribution System:
- The water supply system of the park shall be connected, by pipes, to all manufactured home or travel trailer stands, buildings, or other facilities requiring water.
- All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with State and City regulations and requirements.
- Manufactured home parks shall be served by individual water meters.
- Water supply Facilities for Fire Department Operations: Water supply facilities for fire department operators shall be connected to the water supply in dedicated streets, alleys, or easements with hydrants located within 500 feet of all manufactured home stands, and such water supply systems shall meet the minimum standards of the American Water Works Association.
- Individual Water Riser Pipes and Connections:
- Individual Water Riser Pipes shall be located beneath the manufactured home at a point where the water connection will approximate a vertical position.
- Water riser service pipes shall extend at least four (4) inches above ground elevation. The pipe shall be at least three-quarter (3/4) inch. The water outlet shall be capped in an approved manner when the stand is unoccupied.
- Adequate provisions shall be made to prevent freezing of service lines, valves, and riser pipes. Surface drainage shall be diverted from the location of the riser pipe.
- A shutoff valve and drain valve below the frost line shall be provided near each water riser pipe.
- Underground stop and waste valves shall not be installed on any water service.
- Sewage Disposal:
- General Requirements: An adequate and safe sewage system shall be provided in all parks and subdivisions for conveying and disposing of all sewage. All proposed sewage disposal facilities shall be approved by the City prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the appropriate regulatory agency of the State.
- Sewer Lines: All sewer lines should be located in trenches of sufficient depth to provide a minimum of three (3) feet of cover to the installed sewers beneath the finished grade or contour above them. Any sewer lines installed with less than three (3) feet of cover shall be concrete encased in an approved manner. All sewer lines shall be separated from the park water lines by a minimum distance of five (5) feet horizontally or five (5) feet vertically, except where sewers are constructed in cast iron pipe.
Sewers should be at a grade which will insure a velocity of two feet per second when flowing full.
- Individual Sewer Connections: Each manufactured / mobile home stand in a manufactured home park shall be provided with at least a four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand so that the sewer connection to the mobile home drain outlet will approximate a vertical position.
- The sewer connection from the manufactured home to the sewer riser pipe shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-fourth (1/4) inch per foot. The sewer connection shall consist of one pipe only without any branch fittings. All joints shall be watertight.
- Provision shall be made for capping the sewer riser pipe in an approved manner when the stand is unoccupied. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above ground elevation.
- Electrical Distribution System:
- The electrical distribution system shall be installed and maintained in accordance with the applicable codes and regulations governing such system.
- Each stand shall be provided with approved main disconnects. The feeder circuit from the main shall terminate on an approved receptacle, outlet, or junction box, which will provide safety and protection when the stand is not in use.
- Should the distance from the receptacle, outlet, or junction box to the point where the feeder circuit enters the manufactured home exceed three (3) feet, the electrical circuit shall be installed underground or protected by approved means.
Section 13-19. B-Business District.
(a) Use Regulations: In a “B” Business District no building or land shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:
- Any use permitted in the R and M districts.
- Automobile, trailer, farm equipment and similar sales, repair and display.
- Bottling plant.
- Building materials storage yards.
- Business and Commercial Schools.
- Carpentry, painting, plumbing, or tinsmith shop.
- Restaurants, theaters, bowling alleys and similar activities, provided the Principal structure or building is located not less than one hundred (100) feet from a residential district and is so oriented that it is not a nuisance or hazard.
- Dairy plants, creamery and ice cream production.
- Distributing stations, terminals or other similar facilities.
- Laundry, cleaning, or dyeing plants.
- Locker plant with pens and kill floor.
- Motels, hotels.
- Nurseries and commercial greenhouses.
- Radio or television station or studio.
- Recreational vehicle park, (R V park) as described in clause D of this section.
- Secondhand goods store, when entirely enclosed in a building.
- Secondhand automobile sales, but not including wrecking.
- Storage facility, commercial and/or private.
- Telephone exchange or substation, but with no business office.
- Tire repair shop.
- Veterinarian or animal hospital provided that no building shall be closer than fifty (50) feet to any residential district and no outdoor kennels or exercise runs shall be closer than one hundred (100) feet to a residential district.
- Wholesale establishments or warehouses.
- Any similar uses as determined by the Board of Adjustment and being generally of a wholesale, retail, service, or office nature.
- Accessory buildings and uses customarily incidental to any of the above uses.
- Such uses as may be permitted under the provision of Sections 13 & 14, Permit Regulations.
- Business District is described as follows:
Block 1 Lots 1-13 Tribbles Addition, Block 1 Lots 1-10 W.N. Hodge Addition, Block I Lots 1-10 Highway Addition, All of Block I and Block 2 Lots 4-9 West Addition, All of Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 11 Lots 4-9, Block 12 Lots 4-9, Block 13 Lots 4-9, Block 14 Lots 7-18, All of Blocks 15 and 16, Block 17 Lots 7-18, Block 18 Lots 4-9, Block 19 Lots 4-9, All of Blocks 20, 25 and 26 and Block 36 Lots 13-24 Original Town, White Deer, Texas.
(b) Set Back Requirements:
- No front set back is required except when a lot in this district faces upon a-Residential District in which case a minimum front set back of twenty (20) feet shall be provided. No storage of materials or similar use shall be allowed in a front set back.
- No side set back shall be required except where the side of a lot in this district abuts a Residential District, in which case a minimum side set back of twenty (20) feet shall be required on that side. No storage or similar use shall be allowed in a required side set back.
- No rear set back shall be required except where the rear of a lot in this district abuts a Residential District, in which case a minimum rear set back of twenty (20) feet shall be required. No unenclosed storage or similar use shall be allowed in a required rear set back.
(c) Lot Requirements:
- Permitted Residential Use: Lot requirements shall be the same as in the R – Residential District.
- Permitted Business Uses:
- No building shall be constructed on a lot of less than five thousand (5,000) square feet.
- No lot shall be less than fifty (50) feet wide at the front building line.
- In no case shall more than seventy-five (75) percent of the lot be covered by the combined area of the principal building and accessory buildings.
(d) Recreational Vehicle/ R.V. Park:
- Lot size: No less than fourteen feet (14′) wide by twenty-eight feet (28′) long, however, the space shall be designed so that there is adequate room to walk around the RV.
- No connect to utilities is required unless the R V owner wants to connect to utilities.
- Allowable time to stay is 180 days.
Section 13-20. Agricultural District.
(a) Use Regulations: In an “A” Agricultural District, no building or land shall be hereafter erected or structurally altered which is arranged to be used for other than one or more of the following uses:
- Any use permitted in R and M.
- Public and private utility installations.
- Church or rectory.
- Farm – The act of raising crops or livestock.
- Property and animals must comply with Health, Safety and Nuisance Chapter of this Code.
- Any use must not adversely affect the property within the city limits of White Deer because of the emission of obnoxious or offensive odors, dust, gas fumes, smoke, noise or vibration.
- Farming and truck gardening, but not the raising of rabbits, poultry, swine, pets or other livestock on a scale that would be objectionable, because of noise and odor, to the surrounding residences.
- Orchard – A concentrated planting of nut or fruit trees.
- Advertising signs.
- Any similar uses as determined by the Board of Adjustment.
- Accessory buildings and uses customarily incidental to any of the above uses.
- Any areas not covered in this section shall be addressed in the City of White Deer Animal Code.
(b) Rodeo / Rodeo Grounds: A public arena featuring livestock events. That area is designated by the City of White Deer as the rodeo grounds and community center. Livestock events can be held on City owned property only.
(c) Set Back Requirements:
- There shall be a front set back provided having a depth of not less than twenty-five (25) feet.
- There shall be a side set back provided on each side of the lot having a width of not less than ten (10) feet.
- There shall be a rear set back provided having a depth of not less than ten (10) feet.
(d) Lot Requirements: No building shall be constructed on a lot of less than five thousand (5,000) square feet.
Sec 13-21 Reserved for future use.
Section 13-22. Application for Permits.
(a) Permits Required: No person, firm or corporation shall erect, construct, enlarge, alter, replace, move, improve, remove, convert, or demolish any building or structure in the City or cause the same to be done without first obtaining a separate building permit for each such building or structure from the City Secretary or duly authorized representative.
(b) Application. To obtain a permit the applicant shall first file one application in writing on a form furnished for the purpose. Every such applicant shall:
- Describe the land, on which the proposed work is to be done by lot,
block, tract, and house and street address, or similar description that will
readily identify and definitely locate the proposed building or work;
- Show the use or occupancy of all parts of the building;
- Be accompanied by plans and specifications as required in Subsection C
of this section;
- State the valuation of the proposed work;
- Give such other information as reasonably may be required by the City Secretary or duly authorized representative;
(c) Plans and Specifications: Each application for a permit shall be accompanied-by two (2) sets of plans and specifications.
Exception: Plans and specifications need not be submitted for small and unimportant work when authorized by the City Superintendent or duly authorized representative.
(d) Information on Plans and Specifications: Plans and specifications shall be drawn upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, codes, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and the person who prepared them. Plans shall include a plot plan showing the location of the proposed construction activity and of every existing building on the property. In lieu of detailed specifications, the City Superintendent or duly authorized representative may approve reference on the plans to a specific section or part of this code or other codes or laws.
(e) Permit fees shall be established by the City Council and listed in the official fee schedule.
Section13-23. Building Permits.
(a) Issuance: The application plans and specifications filed by the applicant for the City Superintendent shall check a permit. If the City Superintendent is satisfied that the work described in an application for permit and plans filed herewith conform to the requirements of this code, and other pertinent laws and codes, he shall issue a permit therefore to the applicant.
(b) When the permit is issued, it shall be endorsed in writing or stamped on both sets of plans and specifications “approved for construction”. Such approved plans and
specifications shall not be changed, modified, or altered without authorization and all work shall be done in accordance with the approved plans.
(c) Retention of Plans: One (1) set of approval plans and specifications and computations shall be retained for a period of not less than ninety (90) days from date of completion of the work covered therein and one (1) set of approved plans and specifications shall be returned to the applicant which set shall be kept on such building or work at all times during which the work authorized thereby is in progress.
(d) Plans submitted for checking for which no permit is issued, and on which no action is taken by the applicant for 90 days shall be returned to the last known address of the applicant to renew action on said plan and payment of a new permit fee shall be required.
(e) Validity: The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for an approval of any violation of any of the provisions of this article. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use, which authorized is lawful.
(f) The issuance of a permit based upon plans and specifications shall not prevent the City Superintendent from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on hereunder when in violation of this code or of any other code of the City.
(g) Expiration: Every permit issued under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within sixty (60) days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of sixty (60) days. Before such work can be re-commenced, a new permit shall be first obtained, and the fee therefore shall be on half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year.
(h) Enforcement: Building Permits: The provisions of this Code shall be administered and enforced by the City of White Deer. All applications for Building permits shall be accompanied by a plat in duplicate, showing the actual Dimensions of the lot to be built upon, the size of the building to be erected, and such Other information as may be necessary to provide for the enforcement of these Regulations. A record of such applications and plats shall be kept in the office of the City of White Deer. (Ordinance 229, 18, 3-17-77)
Section 13-24. Prohibiting Obstruction of View of Lot Boundaries.
(a) On any lot on which a front set back is required by this code, no wall, fence or other structure shall be erected and no hedge, tree, shrub, or other growth or structure of any kind shall be maintained in such location within such required front set back so as to obstruct view.
(b) Any fence, wall, hedge, shrubbery, or other growth or structure of any kind higher than a base line extending from a point two and one half feet (2-1/2) above walk grade at the walk to a point four and one half feet (4-1/2) deep above walk grade
at the depth of the front set back required is hereby declared to be an obstruction to view except single trees having a single trunk which are pruned to a height of eight feet (8) above walk grade.
(c) All trees, shrubs, hedges and other growths, not in compliance with this section, shall be removed, trimmed or pruned so as to comply to this section within a period of forty-five (45) days from the date of passage of the original code.
(d) Enforcement: It shall be the duty of the City Superintendent or duly appointed representative to supervise the enforcement of this code and if any violation thereof shall come to the attention of such officer, it shall be his duty to file a sworn complaint alleging such violation to the City Secretary. The City Secretary shall then write a letter to the alleged violator, giving 10 days to conform the described violation to the provision of this code, except in the case of immediate danger to the violator or any surrounding residents. If it is deemed a dangerous situation, immediate correction of the violation shall be enforced. If after 10 days the violation has not been corrected, the sworn complaint will be turned over to the Municipal Court for appropriate action.
Section 13-25. Building Spacing.
(a) Only one single-family dwelling structure or one two-family structure shall be constructed on a building lot.
(b) Two or more multi-family or commercial buildings or structures may be constructed on a building lot, provided, however, that no structure is constructed within a required front, side, or rear set back and the distance between structures is no less than ten (10) feet, plus one (1) foot for each two (2) feet of building height, except the distance between windowless end walls may be reduced to ten (10) feet.
(c) The distance between buildings or structures shall be measured from the exterior face of the building wall or-roof projections, whichever is less.
(d) Two or more buildings or structures covered by a common roof shall be considered as a single building.
Section 13-26 Non- Conforming Uses.
(a) Any legal use of property existing at the time of the passage of this Code, or subsequent amendments thereto that does not conform to the regulations set forth in this Code shall be deemed a non-conforming use.
(b) The lawful use of land existing at the time of the passage of this Code, although such use does not conform to the provisions of this Code, may be continued; however, if such non-conforming use is discontinued, any future use of the premises shall conform to the provisions of this Code.
(c) The lawful use of a building existing at the time of the passage of this Code may be continued although the use does not conform to the provisions of this Code; and such use may be extended throughout the building except those required by law or code, are made thereto. If no structural alterations are made, a non-conforming use of a building may be changed to another nonconforming use of the same or more restricted classification; provided that, in the event a non-conforming use of a building is once changed to a non-conforming use of a higher or more restricted classification, such use shall not thereafter be changed to a
lower or less restricted classification.
(d) If fire, explosion, or other casualty destroys a building occupied by a non-conforming use, it may not be constructed or rebuilt except to conform to the requirements of this Code. However, nothing in this Code shall be construed to prevent restoration of a building destroyed or damaged to the extent of not more than sixty (60%) percent of its reasonable value, by fire, explosion, acts of God, or other casualty, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction.
(e) In the event that a non-conforming use of any building or land is discontinued for a period of 6 consecutive months, any subsequent use of the building or land shall conform to the use permitted in the district in which it is located. (Ordinance 229, 12, 3-17-77)
Article 4. Administrative Provisions.
Sec 13-27. Enforcement and Administration.
(a) Administrative Official:
- The provisions of this Code shall be administered and enforced by the Zoning Official, appointed by the City Council.
- The Zoning Official or his duly authorized representative shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Code.
- Whenever any construction work is being done contrary to the provisions of this Code, the Zoning Official shall order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Zoning Official to proceed with the work.
(b) Certificate of Occupancy and Compliance:
- No building hereafter erected or structurally altered shall be used, occupied, or: changed in use until a certificate of occupancy and compliance shall have been issued, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this code.
- Certificates of occupancy and compliance shall be applied for with the application for building permit and shall be issued within ten (10) days after the erection or structural alterations of such building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
- No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.
- Continued Occupancy: Nothing in this section shall prevent the continuance of the present occupancy and use of any now existing buildings except as may be specifically prescribed by this code or as may be necessary
for the safety of life and property.
- Certificate of Occupancy Refused: It shall be the duty of the City Superintendent to refuse to issue such certificate of occupancy if it be found that the construction, arrangement or equipment of the premises is not in conformity with the requirements of this code for building use as proposed by the applicant as above-mentioned code. (Ordinance No. 302, 2-4-57, 29)
(c) Enforcement: It shall be the duty of the City Secretary or duly appointed representative to supervise the enforcement of this code and if any violation thereof shall come to the attention of such officer, it shall be his duty to file a sworn complaint alleging such violation to the City Secretary. The City Secretary shall then write a letter to the alleged violator, giving 10 days to conform the described violation to the provision of this code, except in the case of immediate danger to the violator or any surrounding residents. If it is deemed a dangerous situation, immediate correction of the violation shall be enforced. If after 10 days the violation has not been corrected, the sworn complaint will be turned over to the Municipal. Court for appropriate action.
(d) Completion: of Existing Buildings: Nothing herein contained shall require any change in the plans, construction, or designated use of a building actually under construction at the time of the passage of this Code and which entire building shall be completed within one year from the passage of this Code. 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, and which entire building shall be completed within one year from the date of the passage of this Code. If any amendment to this Code is hereafter adopted changing the boundary of districts, the provisions of this Code with regard to buildings or premises existing or building under construction, or building permits issued at the time of the passage of this Code, shall apply to building or premises existing or building permits issued in the area affected by such amendment at the time of the passage of such amendment. (Ordinance 229, 20, 3-17-77)
(e) Board of Adjustment: A Board of Adjustment is hereby established in accordance with the provisions of Article 1011 g, Revised Civil Statutes of Texas, regarding the zoning of cities and with the powers and duties as provided in said Statutes.
- There is hereby created a Board of Adjustment consisting of five (5) members, (2) members for 3 year terms (Board members I and II) and (3) members for 2 year terms ( Board members III, IV and V) and (2) alternates for 1 year terms ( Board members VI and VII), each being appointed by the City Council and removable by the appointing authority. Terms of service shall begin on October 1st and end on September 30th of the appropriate year. Terms of office for Board members I and II shall commence beginning October 1, 2008 and be reappointed every three years thereafter. Terms of office for Board members III, IV and V shall commence beginning on October 1, 2008 and be reappointed every “even” year thereafter. Board of Adjustment members may be appointed to succeed themselves. Vacancies shall be filled by the appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause. The board shall designate from its members a chairman and a vice-chairman who shall perform the duties of such officers and in case of the absence of either of such officers from any meeting of such board another of the members of the board shall be designated to act in his place. City office personnel will perform the secretarial duties.
- The board is hereby vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exemption from the terms of this code in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.
- The board may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this code. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the vice-chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote indicate such fact, and shall keep records of examination and other official actions, all of which shall be filed immediately in the office of the board and shall be a public Code
- Appeals to the board of adjustment can be made by any person aggrieved by a decision of any administrative officer of the City of White Deer concerning the interpretation of enforcement of this code or by any office or department of the municipality affected by any decision of such administrative officer. Such appeal shall be taken within fifteen (15) days’ time after the decision has been rendered by the administrative officer, by filing with the office from whom the appeal is taken and with the board of adjustment a notice of appeal specifying and grounds thereof; the officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated on the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an injunction, which, may be granted by a court of record on application and on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by advertising such hearing one time in a newspaper of general circulation in the City of White Deer, not less than three (3) days prior to such hearing as well as due notice or the in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent.
(f) The board of adjustment shall have the following powers:
- To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by any administrative official of the City of White Deer, in the enforcement of this code upon which the Board is required to pass under this code.
- To hear and decide special exceptions to the terms of the code upon which the board is required to pass under this code.
- To authorize upon appeal in special cases, such variances from the terms of the code as will not be contrary to the public interest, where, owing to special conditions the literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done.
- In exercising its powers, the board may, in conformity with the provisions of
articles 1011 a and including 1011 j of the 1025 Civil Statutes of Texas as amended revise and reform wholly or partly or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
- The affirmative vote of four (4) of the five (5) members of the board shall be necessary to revise any order, requirement, decision of determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this code or to affect any variances in said code.
- Any person or person, jointly or severally aggrieved by any decision of the board of adjustment, any taxpayer and any officer, or department of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision on the office of the board and not thereafter to be determined by said court in accordance with law. (Ordinance No. 118, 7-15-55, 23)
Section 13-28. Amendments.
(a) The City Council may from time to time amend, supplement, or change by code the boundaries of the Districts or the regulations herein established.
(b) Before taking action on any proposed amendment, supplement, or change, the City Council shall submit the same to the zoning commission for its recommendation and report.
(c) A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publishing the same two (2) times in the newspaper of general circulation published in the City of White Deer, stating the time and place of such hearing which time shall be not earlier than fifteen (15) days from the first date of such publication.
(d) Unless such proposed amendment, supplement, or change has been approved by the zoning commission or if a protest against such proposed amendment, supplement or change has been filed with the city clerk duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change or those immediately adjacent on the rear thereof extending two hundred feet (200′) there from or of those directly opposite thereto extending two hundred feet (200′) from the street frontage of such opposite lots, such amendment shall not become effective except by a favorable vote of three-fourths (3/4) of all members of the City Council. (Ordinance No. 1182 7-15-55, 24)
(e) Any person requesting an amendment or change to the zoning code shall be required to pay a filing fee listed on the official fee schedule. No action by the Commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the person making the request fail to make formal presentation nor should the requested amendment or change be denied. (Ordinance No. 297, 2-23-84)
Section 13-29. Violation.
(a) Any person who shall violate any of the provisions of this code or fail to comply therewith shall for each and every such violation be guilty of a misdemeanor and upon conviction be fined not more than the maximum amount as provided for by State law. The imposition of one penalty for a violation of this code shall not excuse the violation nor permit it to continue and all such persons shall be required to correct or remedy such violation within ten (10) days and each day that such violation continues and each day that such person fails to comply with such code shall constitute a separate offence. The owner or owners of any building or premises or part thereof where anything in violation of this code shall be placed or shall exist any architect, builder, contractor, agent, person or corporation employs in connection therewith and who shall have assisted in the commission of any such violation shall be guilty of a separate offense, and upon conviction thereof shall be fined as herein provided. (Ordinance No. 118,7-15-55, 25)
Section 13-30 Subdivisions.
(a) Submission of Plats: From and after the date of adoption, these regulations shall govern all subdivisions of land within the corporate limits of the City of White Deer and within a distance of one-half (1/2) mile from the city limits. Any owner of land within the limits of said subdivision jurisdiction wishing to subdivide land shall submit to the Planning-Zoning Commission a plat of the subdivision which shall conform to the minimum requirements set forth in these regulations. No plat of a subdivision lying within such territory or part thereof shall be filed or recorded in the office of the County Clerk, and no sub dividers may proceed with improvements in said subdivision until such subdivision plat: shall have been approved by the City Council and such approval entered in writing on the final plat by the Mayor. (Ordinance No. 357, 9-9-63, 3.2)
(b) Definitions- The following words and phrases as used in this code shall have the meanings respectively ascribed to them in this section:
- Alley: The word “alley” shall mean any minor way, which is used primarily for vehicular service access to the backside of properties otherwise abutting on a street.
- Arterial Streets and Highways: Arterial streets and highways are those, which are used primarily for fast and/or heavy traffic.
- City Representative: The city representative is that person, persons or department so designated by the City Council to represent the City.
- Collector Street: Collector streets are those which carry traffic from minor streets to the major system or arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
- Lot: Lot means an undivided tract or parcel of land under one ownership having access to a street, either occupied or to be occupied by a building or building group, together with accessory buildings, which parcel of land is designated as a separate and distinct tract, and is identified by a tract or lot number or symbol in a duly approved subdivision plat filed of Code
- Local Streets: Local streets are those streets provided for local traffic and direct access to abutting property.
- Planning Commission: Planning Commission or commission shall be deemed to refer to the Planning-Zoning Commission of the City of White Deer.
- Shall, May: The word “shall” be deemed as mandatory; the word “may” shall be deemed as permissive.
- Street: The term “street” means a way for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however other designated.
- Subdivider: “Subdivider” means a person who causes land to be divided into a subdivision for him or others or seeks authorization therefore.
- Subdivision: Subdivision means the division or proposed division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development; provided that a division of land for agricultural purposes into lots or parcels of five acres or more not involving a new street or alley shall not be deemed a subdivision. The term includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. (Ordinance No. 357, 9-9-63, 4.1
(c) Procedure for Plat Approval:
- In order to prevent hardship on the subdivider through possible required plat revision, a preliminary plat of the proposed subdivision at a scale not smaller than two hundred (200) feet to the inch shall be submitted to the City Planning and Zoning Commission for approval before the preparation of the final plat. Six (6) copies of such plat, each copy bearing the designation “Preliminary Plat”, must be filed in the office of the City Representative at least ten (10) days prior to the meeting at which the plat is to be considered and will contain the following information:
- The subdivision name (which must not duplicate in any manner an existing Subdivision name), the name and addresses of the owners, and of the designer of the plat who shall be registered engineer or registered surveyor.
- Date, approximate north point, and scale.
- The location of existing and platted property lines, streets, buildings, water courses, railroads, sewers, bridges, culverts, drainpipes, water mains, any public utility easements and any other easement both on the adjoining land and immediate adjacent subdivisions and property lines.
- The names, locations, widths, and other dimensions of proposed streets, alleys, easements, parks, reservations, blocks, lot lines, and building lines. The names of streets shall conform whenever possible to existing street names and lots shall be numbered in systematic arrangements.
- Topography of the entire plat showing one (1) foot contour intervals. If a natural watercourse traverses the property, the centerline of the watercourse shall be shown as well as the estimated high water flood line. If the proposed subdivision does not lie within the force and effect of an existing, zoning code, the preliminary plat shall be accompanied by a plan indicating the proposed used of the lots. (Ordinance No. 357, 9-7-63, 5.1)
(d) Preliminary Plat Review:
- Prior to the Planning and Zoning Commission’s consideration of a preliminary plat the City Representative shall transmit a copy of the proposed plat to the electric company, gas company, water department, school administration and any other interested municipal or county department for review and recommendation in relation to specific service problems. The Planning and Zoning Commission shall recommend approval or disapproval and, if disapproved, state conditions of approval to the City Council within sixty (60) days of the time the preliminary plat is submitted. However, recommended approval of the preliminary plat shall not be deemed final acceptance but rather an expression of approval of the layout as submitted on the preliminary plat and shall serve as a recommendation to the City Council for their final approval, subject to the stated conditions. (Ordinance No. 357, 9-9-63, 5.2)
(e) Final Plat Approval:
- Two (2) copies of the final plat, together with reproducible tracing, the cost of the reproducible tracing to be refunded to the subdivider upon presentation to the City of White Deer of a paid receipt from the reproducing company, shall be submitted to the City Council within six (6) months of date of approval of the preliminary plat or such approval shall become null and void unless extension of time is applied for and granted by the Planning and Zoning Commission. A set of proposed construction plans and specifications for streets, water, gas and sewer improvements shall be prepared and submitted to the City Council for review at least ten (10) days prior to the meeting of the City Council at which the plat is to be considered. The final plat shall be drawn at a scale of one (1) inch equals two hundred feet (200′) on sheets 18″ x 18″ and where an index sheet showing the entire subdivision may on several sheets accompany necessary. The final plat shall show or be accompanied by the following information:
- The final plat shall conform substantially to the preliminary plat, as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion shall conform to all requirements of these regulations. In cases where a final plat is submitted for approval and where no change from the approved preliminary plat has been made, it may be submitted directly to the City Council for approval. When it is not necessary for the Planning and Zoning Commission to consider the approval of a final plat because no change has been made from the preliminary plat. Such final plat shall be recommended for final approval tot he City Council of the City of White Deer. The City Council shall not consider final approval of said plat unless said plat has been delivered to the City Representative on or before the ten (10) days immediately preceding the regular meeting of the City Council.
- An accurate boundary survey of the property, certified by a licensed surveyor or registered professional engineer, with bearings and distances, referenced to survey lines and established subdivisions, and showing pertinent data concerning property immediately adjacent thereto in dashed lines.
- Right-of-way lines of streets and alleys; property lines of residential lots,
parks, and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
- Name and right-of-way width of each street or other right-of-way.
- Location, dimensions and purpose of any easement.
- Purpose for which sites other than residential lots are dedicated or reserved.
- The location of minimum building setback lines from all streets on lots and other sites.
- A certificate of dedication of all streets, alleys, parks, easements and other land intended for public use, signed by the owner or owners and by all other persons, firms or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws of the State of Texas for conveyances of real property. A certified copy of all deed restrictions filed for record in Carson County shall be furnished to the City of White Deer at the time of recording same.
- Receipts indicating that current taxes have been paid on the property to be subdivided and a certificate that no delinquent taxes exist against the property.
- All lots in subdivision shall be numbered in numerical order, including block numbers.
- A waiver of claim for damages against the City of White Deer occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
- Certificate of Improvement.
- A registered engineer shall furnish the City Council with a written certification stating that all improvements which have been completed prior to final approval have been satisfactorily completed in accordance with all City Plans and Specifications for such improvements and, if all necessary improvements have not been completed, shall further certify that a sufficient amount of security has been deposited with or a surety bond furnished to the City of White Deer to secure the completion of all those improvements so required which are incomplete. When a surety bond has been furnished, the City in lieu of an or all of the required improvements, it shall be delivered to the City Attorney for approval. The surety bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforceability of such bond. When the bond has been examined and approved, the City Attorney shall certify to the City Council in writing that the surety bond is valid and enforceable as regards all improvements required by this code still incomplete and for which cash deposit has not been made.
- Upon approval of the final plat, the reproducible tracing and one copy shall be retained in the files of the City Council and one copy shall be filed with the County Clerk by the developer. (Ordinance No. 357, 9-9-63, 5.3).
(f) General Requirements for Subdivision Design Streets:
- The City Planning and Zoning Commission shall determine the width of main thoroughfares and traffic streets.
- No street dedication shall be less than 57 feet wide, and paving shall not be less than thirty-seven feet (37′) from back to back of curbs when paved. All
new streets shall be continuations of existing streets where possible, at the same or greater width and having the same names. Where continuation of a street is not possible, there shall be a minimum offset of one hundred twenty-five feet (125′).
- Dead end streets maybe platted where the land adjoins property not subdivided, in which case the streets shall be carried to the boundaries thereof. In the instances where dead end streets are otherwise necessary, a cul-de-sac with minimum radius of forty feet (40′) shall be provided.
(g) Street Intersections:
- Insofar as practical, acute angles at street intersections shall be avoided. Where an acute angle of less than seventy-five (75) degrees occurs between streets at their intersection, the Planning and Zoning Commission may require the property lines to be rounded or otherwise set back to permit curb construction of desirable radius without curtailing the sidewalk at the street corner to less than normal width.
(h) Curves In Streets:
- Where a deflection angle of more than ten degrees (10) in alignment of a street occurs, a curve of reasonable long radius shall be introduced. On all streets the centerline radius of curves shall not be less than three hundred feet (300′), except in special cases, which shall be approved by the Planning and Zoning Commission.
- Streets shall be platted to allow two (2) tiers of lots with an alley between. Intersecting cross streets may not be more than twelve hundred (1200) feet apart, nor less than three hundred feet (300′) Article In blocks over one thousand feet (1000′) in length, the Planning Commission may require a public cross walk of not less than a ten foot (10′) right-of-way, and having not less than a six foot (6) concrete walk. Streets shall be platted with appropriate regard to the County Roads, lake areas and other topographical features lending themselves to attractive treatment. Where plats are presented for approval, which adjoin unplatted property, the owner of the proposed subdivision shall provide his .pro rata part of boundary streets.
(i) Alleys, Reserve Strips:
- Alleys shall be laid in the rear of lots fronting on adjoining streets. The minimum width of an alley shall not be less than twenty feet (20′) and shall be graded and leveled. No subdivision showing a reserve strip of land controlling the access to public ways or adjoining properties will be approved.
(j) Lots and Block:
- In general, lots shall conform in width, depth and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for development for residential purposes and also taking into consideration the natural topography of the ground, drainage, sanitary sewerage facilities and the proposed layout of the streets.
- It shall be unlawful for the City Secretary to issue a permit for any residence, in a zoned residential area, utilizing a building site the rear portion of any corner lot, or the rear portion of any corner lot merged with a portion of any adjoining lot, to produce a plottage of sufficient size to meet the minimum
requirements for a permissible residential use. Lots shall have minimum widths and measurements as required by the Zoning Code for one-family dwelling. The area of the lot shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line. All sidelines of lots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the City Planning Commission, give a better lot plan. For private housing projects and shopping villages, it will not be necessary to subdivide tracts of land. Site plans, however, must be filed showing the arrangement of the project in detail, together with essential requirements such as parking facilities, locations of buildings and the other uses to be permitted.
- All proposed subdivisions shall conform to the Comprehensive Plan of the City of White Deer. Whenever a tract to be subdivided embraces any part of a highway, major street, secondary street or parkway, so designated by the City of White Deer, such part of such proposed public way shall be platted by the subdivider in the same manner as said adjoining highway, major street, secondary street or parkway. (Ordinance No. 357,9-9-63, Article 7; Ordinance No. 371, 3-865, Article 7)
(k) Improvement Requirements:
(l) Final Plat Approval Requirements:
- Before the final plat has been approved and before any utilities are installed, a Registered Engineer shall complete the preliminary survey to determine the requirements for the utility, curb, gutter and paving installations to be installed in the proposed subdivision, or that part of the subdivision to which final plat approval is desired.
- The engineering survey shall include an estimate of the proposed cost, except when the subdivider desires to complete work prior to final plat approval. These costs will be based upon estimated quantities, as determined by the engineer from their preliminary survey and study using the lowest unit price received for each phase of construction as established by formal or informal proposals from at least two (2) outside contractors at the time the work is to be done.
- Permanent concrete monuments, not less than six inches (6″) in diameter, and not less than eighteen inches (18″) long, having a copper or brass bolt set in the concrete with the survey point being clearly marked by punch mark or cross, shall be set at the outside perimeter corners of angle points of subdivision.
- If the terrain is such that the corner or angle monuments on the same azimuth are not visible from each other, an intermediate monument, or monuments, shall be set so that two (2) or more monuments on the same azimuth are visible from each other.
- Monuments shall be set at angle points and at the beginning and end of all curves on boundary streets, alleys, and interior streets. The monuments shall be set approximately six inches (6″) below the finished grade of the ground after any necessary area or other grading work is completed.
- A three-quarter-inch (3/4″) iron pipe not less than eighteen inches (18″) long shall be set at all block and alley corners, the pipe shall be driven flush with the ground, and a one inch by two inch (1″ x 2″) guard stake driven by the pipe.
- All monuments and pipe must be indicated on the final plat along with the azimuth and distance between the monuments or pipes.
(n) Bond or Cash Escrow in Lieu:
- In lieu of the completion or installation of any or all of the improvements requirements, and before issuance of a building permit, the City may accept a cash deposit or surety bond to secure the City the actual cost plus ten percent (10%) of such improvements as estimated by the engineer. All bonds must be made payable to the City of White Deer by a company legally authorized to do business in the State of Texas, and approved by the City Attorney of said City.
(o) Affidavit or Release:
- The Subdivider shall furnish the City of White Deer with an affidavit or complete release from the contractor, stating that all cost incurred against the required improvements have been paid by same, and also that said cost of improvements shall never constitute a liability against the City of White Deer or individual property owner.
(p) General Requirements:
- In addition to the water and sewer main extensions, a tap charge will be required for water and sewer in the amounts set by the City Council and listed on the official fee schedule. This amount to be paid by the developer at the time the application is made for the tap. In addition to these amounts the meter deposit shall be required. The Developer shall furnish a necessary engineering and furnish inspection of construction. No building permits shall be issued, and the City shall withhold all City improvements of whatsoever nature including sewerage and water service from any subdivision or re-subdivision covered by this code until:
- Such time as the developer and/or owner has fully completed and paid for the improvements required to be made by the terms of this code, including the installation of streets with proper paving, curb and gutter, drainage structures, storm sewers, alleys, fire hydrants, water and sanitary sewer mains, all according to the specifications of the City of White Deer; or until such times as:
- An escrow deposit or bond sufficient to pay for the cost plus ten percent (10%) of such improvements as determined by a City Representative computed on a private commercial rate basis has been made with the City Secretary of the City of White Deer, accompanied by an agreement signed by the developer and/or owner authorizing the City to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for the same out of the escrow deposit.
- The City will:
- Make all water and sewer service taps at their regular charge for such service. The water and sewer lines as completed will become the property of the City of White Deer and the developer or builder shall have no right
or title in same; the City of White Deer will maintain said lines at its own expense. Extensions of said lines may be made at any time the City may desire.
- The City of White Deer shall never be liable for payment of interest on any deposits, payments or refunds provided for herein. The builder or developer shall never have the right to demand payment hereunder out of any fund raised by the City through taxation.
- The City will reimburse any part of the money being held in escrow in excess of the actual cost of constructing paving, curb and gutter, drainage structures, storm sewers, fire hydrants, water and sanitary sewer mains, or return said cash bond.
- The City will, upon approval by the City Council, pay the developer of a subdivision within the City of White Deer in difference in cost in extending a water main in excess of six inches (6″) in diameter and a sewer main in excess of six inches (6″) in diameter, provided the City Council finds that a water main in excess of six inches (6″) in diameter, or a sewer main in excess of six inches (6″) in diameter, is necessary to take care of future development and is beneficial and necessary t maintain adequate flow of water and sewer. The City Council’s approval of all water and sewer lines shall be required and no line smaller than that required for adequate fire protection shall be approved.
- Final accounting of each project will be the basis of final settlement with the Developer for actual costs of water and sewer main in excess of six inches (6″) in diameter, and will, in all cases be one hundred percent (100%) of the actual cost of the project, based on the unit prices set out in the code. In the event that it is impossible to award a contract for such work upon unit price basis, it will then become the obligation of the developer to provide complete engineering, including plans and specifications, on which contractors may bid, to determine a lump sum price for such work. The ratio of payment between the developer and the City would in such case remain the same with one hundred percent (100%) of such costs to be borne by the developer for the installation of six-inch (6″) lines or less.
- The City may furnish temporary water service to houses under construction.
- Temporary water service may be provided upon application of any desired location. The developer shall be required, upon application for such service, to make a meter deposit before such service is provided, and, upon requesting a disconnect of the temporary service, he shall be refunded the deposit less the amount of water used. (Ordinance No. 357, 9-9-63, Article 8; Ordinance No. 371, 3-8-65, Article 8; Ordinance No. 444, 9-14-70, Article 8)
(q) Flood Area:
- Flood Area. Areas within the jurisdiction of the Planning Commission subject to flood conditions, as established by the City Representative, will not be considered for subdivision purposes, until adequate drainage has been provided; provided, however, that drainage facilities may be provided in compliance with the then current regulations as established by the City Council.
- Drainage Report. A drainage report prepared by a licensed registered engineer shall accompany the preliminary plat. This study shall show the acreage draining into the subdivision, points of run off concentration, areas subject to flooding, the method for draining the run off through and away from the subdivision and other pertinent information as required by the City Representative. Methods and data used for calculations of run off shall be as required by the City Representative. (Ordinance No. 357, 9-9-63, Article 9)
(r) Changes and Variations.
- These rules and regulations are the standard requirements of the City of White Deer.
(s) Other Data.
- The Planning and Zoning Commission may require such other certificates; affidavits, endorsements or dedications as for the enforcement of these regulations may be required.
(t) Legal Scale Development.
- The standards and requirements of these regulations may be modified by the Planning and Zoning Commission in the case of a plan and program for a complete community or neighborhood unit which, in the judgment of the Planning and Zoning Commission, provided adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and which also provided such covenants or such other legal provisions as will assure conformity to the achievement of the plan.
- In granting variances and modifications, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. (Ordinance No. 357, 9-9-63, Article 10)