ORDINANCE NO. 43

 

 

            AN ORDINANCE OF THE TOWN OF ROUND TOP, TEXAS, ESTABLISHING LAND USE REGULATIONS; PROVIDING RULES AND REGULATIONS RESTRICTING THE SIZE, HEIGHT, AND DENSITY OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND; ESTABLISHING VARIOUS LAND USE DISTRICTS; PROVIDING REGULATIONS FOR NONCONFORMING USES; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, INTER­PRETATION, AND AMENDMENT OF THIS ORDINANCE; ESTABLISHING AN ARCHITECTURAL REVIEW BOARD AND A BOARD OF ADJUSTMENT AND PRESCRIBING THEIR POWERS AND DUTIES; PROVIDING DEFINI­TIONS; PROVIDING A PENALTY IN AN AMOUNT BETWEEN $100.00 AND $2,000.00 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSIS­TENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT.

 

*                      *                      *                      *                      *

 

            WHEREAS, the Town of Round Top, Texas (the “Town”), was incorporated in 1870 by the Legislature of the State of Texas, and given police power authority to make rules, regula­tions, and ordinances to maintain the peace, good order and government of the Town, as would not be repugnant to the laws and Constitution of the State; and

            WHEREAS, the Town is the location for numerous significant cultural and tour

ism related events annually and is the site of significant cultural and architectural places of statewide and local importance, as well as large scale special events which burden and impact the peace and order of the Town; and

            WHEREAS, the Council and citizens of the Town wish to preserve and protect the histori­cal, cultural and architectural places and areas, and to preserve and protect the rural char­acter, peace, and order of the Town; and

            WHEREAS, the Town Council of the Town finds that to promote the public health, safety, morals, and general welfare of the citizens, and to protect and preserve the historical, cultural and architectural places and areas located within the Town’s jurisdiction, land use and historic preservation regulations should be adopted; and

            WHEREAS, the Charter of the Town and Chapter 211, Texas Local Government Code, as amended, empowers the Town to enact a Land Use Ordinance and to provide for its admini­stration, enforcement, and amendment; and

            WHEREAS, pursuant to such authority, the Town Council deems it necessary, for the purposes of maintaining the peace, good order and government of the Town, and promoting and protecting the health, safety, and general welfare of the Town and its inhabitants, to enact a Land Use Ordinance; and

            WHEREAS, the Town Council appointed a Land Use Committee and charged the Commit­tee with the duty to recommend to the Town Council a comprehensive Land Use plan designating the boundaries of the various original districts and appropriate regulations to be enforced therein; and

            WHEREAS, since receiving such direction from the Town Council, the Land Use Commit­tee formulated the preliminary Land Use districts and their boundaries and the prelimi­nary regulations, which were adopted on an interim basis following the public hearings as required by law, while additional public hearings were underway; and

            WHEREAS, the Land Use Committee has made a preliminary report on the effects of such regulations and proposed changes thereto, has given due notice of hearings relating to the various Land Use districts, regulations and restrictions, and has held additional public hearings; and

            WHEREAS, the Town Council has received such preliminary report, has given due notice of hearings relating to the various Land Use districts, regulations and restrictions, and has held such public hearings as are required by law; and

            WHEREAS, the Town Council has given reasonable consideration to, among other things, the character of the Town, the peace and order its citizens enjoy and wish to maintain, the peculiar suitability of the land within the Town for particular uses, such as special events, with a view to conserving the value of buildings and the examples of the Town’s cultural and historical past, encouraging the most appropriate use of land throughout the Town; and

            WHEREAS, the Town has also considered all public comments received during the pub­lic hearings, being mindful of the Town’s special place in Texas history; and

            WHEREAS, all requirements of the Charter of the Town, Chapter 211, Texas Local Government Code, as amended, and all the ordinances of the Town have been met; now, there­fore,

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ROUND TOP, TEXAS:

 

            Section 1.        The facts and matters contained in the preamble of this Ordinance are hereby found to be true and correct.

            Section 2.        The following is hereby adopted as the Land Use Ordinance of the Town of Round Top, to provide as follows:

LAND USE ORDINANCE

TOWN OF ROUNDTOP, TEXAS

 

 

ARTICLE I. GENERAL PROVISIONS

 

Sec. 1-1.          Short Title

 

This Ordinance shall be known and may be cited as “The Town of Round Top Land Use Ordinance.” 

 

Sec. 1-2.          Authority and Purpose

 

This Ordinance is adopted under the authority granted to the Town in the Town Charter passed by the Texas Legislature in 1870, under the authority of the Constitution and laws of the State of Texas, including, but not limited to, Chapter 211 of the Texas Local Government Code, for the following purposes:

 

            (a)        To promote and protect the peace, good order, health, safety and general welfare of the residents, citizens and inhabitants of the Town of Round Top.

            (b)        To foster orderly and healthful development, good government, peace and order, and trade, manufacturing, and commerce.

            (c)        To preserve and protect the rural and historical character of the Town, and its unique historical, cultural, and architectural buildings, places and areas.

            (d)        To promote high standards of building and site design within residential and non-residential districts to preserve an atmosphere consistent with the character of the Town.

            (e)        To protect and enhance the appeal and attraction of the Town of Round Top to residents, visitors and tourists, and to serve as a support and stimulus to business and industry.

            (f)         To foster civic pride in the beauty and notable accomplishments of the past.

            (g)        To enhance and protect the natural environment, natural areas, and rural atmos­phere of the Town of Round Top.

 

Sec. 1-3.          Scope

 

In interpreting and applying the provisions of this Ordinance, they shall be held to be minimum requirements for the promotion of the peace and good order, health, safety, morals, and general welfare of the citizens of the Town. This Ordinance is not intended to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinances, or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants or private deed restrictions.  This ordinance covers the use of land, buildings, signs, greenery, fences, trees, pets, etc. within the Town. Following is a list of most of the items where the prop­erty owner is required to obtain a permit:

 

            (a)        There is a change in the exterior structural appearance of a structure

            (b)        There is the erection of a new structure

            (c)        There is the moving into Town of a structure.

            (d)        There is the moving of a structure within the Town, whether on the same lot or to another lot

            (e)        There is the removal of a structure from a town lot to outside of the Town

            (f)         There is the destruction of a structure

            (g)        There is a repair to an existing structure

            (h)        There is the erection of a sign

            (i)         There is a change to an existing sign

            (j)         There is a planned cutting down of a tree greater then six (6) inches in diameter

            (k)        There is a right granted to a vendor to sell wares from a property owner’s property

            (l)         There is a contractor operating in Town

            (m)       There is a change in the use of a building, i.e. residential to commercial.

            (n)        There is a change in the use of the land

 

Sec. 1-4.          Newly annexed areas

 

            (a)        Land Use classification for newly annexed areas.  Within sixty (60) days follow­ing the annexation of territory into the Town, the Town Council shall initi­ate proceedings to establish permanent use classifications for all such newly annexed territory. Town Council shall specify a permanent classification for any such annexed territory within ninety (90) days of the annexation. Pending com­pletion of such proceedings, such territory shall be classified as District “R,” Single Family Residential.  Such temporary use classification shall remain in effect only until such time as the Town Council establishes the permanent use classification, following procedures required by Chapter 211, Texas Local Government Code, and Article VI of this Ordinance.

 

            (b)        Permits in temporarily zoned areas.  In newly annexed areas temporarily classi­fied as District “R,” Single Family Residential, no permit for the construction of a building, or certificate for the use of land, other than for a building or use allowed in said District, shall be issued by the Building Official, pending consideration of a permanent use classification.

 

Sec. 1-5.          Land use policies

 

            (a)        Purpose. The land use policy statements set forth in this Section have been devel­oped as part of the Town’s ongoing comprehensive planning process and were designed to provide guidance in implementing this Ordinance.  Said policies are hereby adopted as a part of this Ordinance to provide guidelines for considering future amendments to these Land Use regulations.

 

            (b)        Land use goals - Town wide

 

                        (1)        Provide for the orderly growth, development and redevelopment by adopt­ing a comprehensive Land Use ordinance for the Town.

 

                        (2)        Accommodate a mixture of new commercial and residential development that will strengthen the Town’s existing dynamic character of land -uses, but restrictive enough to eliminate, over time, incompatible uses that destabilize adjoining and area property values.

 

                        (3)        Promote a healthy balance between residential and nonresidential land uses designed to maintain and enhance property values and revenue streams by providing a Land Use plan that accommodates unforeseen future markets for quality residential and/or commercial development.

 

                        (4)        Provide for the elimination of buildings and/or uses which are visually or functionally incompatible with adjacent or area buildings and/or uses, accounts for uses existing at the time of its adoption, will result in greater integrity of the Town’s long-term development.

 

                        (5)        Support private and public initiatives, which encourage investment in beauti­fication programs, and stimulate such programs by providing for adequate open space through Land Use.

 

                        (6)        Develop and maintain regulations that are organized, fair, straight forward, and easy to interpret by citizens, property owners, developers, Town offi­cials, and other interested parties.

 

                        (7)        Provide adequate controls to protect the natural environment and preserve natural areas and the rural atmosphere of the Town.

 

            (c)        Specific geographic areas. Within the Town limits, three distinct geographic areas exist.  These geographic areas are: 

 

                        (1)        Single-family residential subdivisions traversed by quiet, local streets, and which are relatively well-insulated from commercial encroachment;

 

                        (2)        The central part of town around the Town Square, which contains the major­ity of significant historical buildings in the Town; and

 

                        (3)        The land lying adjacent to Highway 237, with higher volume commercial businesses, and temporary vendors who conduct business in Town during special events. 

 

            (d)        Objectives. Objectives sought to be implemented through adoption of Land Use regulations applicable to the specific geographic areas of the Town are as follows:  

 

                        (1)        Single-family Residential District (R). Land Use regulations applicable to single-family residential areas are intended to protect the integrity, safety, and aesthetic characteristics of existing and future neighborhoods throughout the Town, and shall be implemented by:

 

                                    a.         Providing a purely residential Land Use district that limits uses to single-family residential purposes and low impact, accessory home occupations; and

 

                                    b.         Imposing performance standards and requiring substantial buffer yards, screening, and landscaping for uses adjacent to and sur­rounding the residential district.

 

                        (2)        Business/Historic District (B/H). This district contains all the significant historical buildings within the Town limits.  It includes the Town Square, the Bethlehem Lutheran Church, the Henkel Square museum village, and other structures as shown on the Land Use map.  The uses and character of this district shall be implemented by:

 

                                    a.         Providing guidelines for new development which, while ensuring compatibility with buildings in the district, and compliance with the general purpose and intent of this Ordinance, will promote and permit innovation and flexibility in land use and site design, and support relatively small scale and economically viable mixed use development, and low volume, low noise home-based businesses, which operations will have minimum impact on adjacent residen­tial properties.

 

                                    b.         Providing performance standards that place emphasis on buffer yards, screening, and landscaping that are specifically designed to stabilize and enhance property values by limiting or prohibiting the continuation of incompatible land uses that negatively impact adjoining properties and detract from the visual image of the Town.

 

                        (3)        Commercial District (C). This district is designated for high volume com­mercial businesses, which serve residents, and heavy tourist events and establishes a permitting process that enables the Town to monitor the location of these uses and temporary events such as Fourth of July or Antique Weekends, and thereby manage traffic and other aspects of the public health, safety and welfare, peace and order and protect adjoining properties from incompatible uses and prevent detracting from the visual image of the Town.

 

                        (4)        Manufactured Home Subdivisions (MH). Manufactured housing is hereby found to be incompatible with the rural atmosphere of the Town, and with the intent and purposes of this Ordinance. However, it is expressly recognized that federal and state law allows cities to regulate where such structures are placed, and the Town believes that concentration of these uses, subject to particular standards, is in the public’s interests. Mobile homes are not allowed within the Town’s limits. “Manufactured Home” and “Mobile Home” shall have the same meanings assigned to those terms by State law.

 

Sec. 1-6.          Definitions and interpretation

 

            (a)        Interpretation, conflict. This Ordinance shall be construed liberally to effect the purposes hereof. In interpreting and applying the provisions of this Ordinance, they shall be held to be minimum requirements for the protection and promotion of public health, safety, convenience, comfort, prosperity, and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any ease­ment, covenant, or other agreement between parties; provided, however, when this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of a building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall prevail.

 

            (b)        Definitions. For the purposes of this Ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number, and the plural number shall include the singular number. The word “building” shall include the meaning of the word “structure.” The word “lot” shall include the meaning of the words “plot,” “parcel,” or “tract”; and the term “used for” shall include the meaning of the terms “designed for” or “intended for.” The word “shall” is mandatory, not directive. Words, phrases, and terms not defined herein but defined in the building code of the Town shall be construed as defined in said code. Words, phrases, and terms not defined herein nor defined in the building code of the Town shall be given their usual and customary meanings except where the context clearly indi­cates a different meaning. The following definitions shall apply in the interpreta­tion and enforcement of this Ordinance:

 

                        (1)        “Accessory structure” shall mean a detached structure which is incidental, auxiliary, and subordinate to the principal building, is subordinate in area, extent, or purpose to the principal building, contributes to the comfort, convenience and necessity of occupants of the principal building, and is located on the same lot as the principal building.

 

                        (2)        “Accessory use” shall mean a subordinate use customarily incident to and located on the same lot occupied by the principal building or use.

 

                        (3)        “All-weather surface” shall mean a covering for driveways and parking spaces that is dust free, not adversely affected by inclement weather, and paved over a minimum of six inches (6”) of limestone base with two inches (2”) of asphalt topping, or its equivalent.

 

                        (4)        “Alley” shall mean a public right-of-way which affords a secondary means of access to abutting property.

 

                        (5)        “Bed and Breakfast” shall mean an establishment whose primary purpose is the lodging of temporary guests in a home-like environment.

 

                        (6)        “Block” shall mean a group of lots bounded by streets, or by a combina­tion of streets and public parks, cemeteries, or corporate boundary lines, or other natural or geographic boundaries. If the word “block” is used as a term of measurement, it shall mean the distance along the side of a street or other boundary line between two intersecting streets or, if the street is of a dead end type, between the nearest intersecting street and the end of such dead end street.

 

                        (7)        “Buffer yard” shall mean a land area required under the provisions of this Ordinance to separate different classifications of land uses from each other.  A buffer yard is in addition to the required front, side or rear yards, but may, where applicable and otherwise required, be included in and as a part of required common areas for residential, or commercial subdivisions or developments.

 

                        (8)        “Building” shall mean any structure designed or built for the support, shel­ter, protection, housing, or enclosure of persons, animals, chattels, or property of any kind. 

 

                        (9)        “Building area” shall mean the maximum portion of a lot over which build­ings and structures may be constructed.

 

                        (10)      “Building code” or “architectural standards” shall mean and refer to any rule, regulation, ordinance, or law of the Town governing the design, con­struction, and maintenance of any building or structure, or part thereof.

 

                        (11)      “Building height” shall mean the vertical distance from grade to the high­est finished roof surface in the case of flat roofs or to a point at the average height of the highest roof having a pitch.

 

                        (12)      “Building line” shall mean a line parallel or approximately parallel to the lot line and beyond or outward of which no building or structure shall be erected or constructed except where specifically authorized herein.

 

                        (13)      “Building, main” shall mean the building in which the main or principal use of the lot on which it is located is conducted.

 

                        (14)      “Building official” shall mean the officer or other designated authority, or his duly authorized representative, charged with the administration and enforcement of the ordinances of the Town.

 

                        (15)      “Building, residential” shall mean a building which is arranged, designed, used, or intended to be used for residential occupancy by one (1) family or lodger.

 

                        (16)      “Business” shall mean any isolated or continuous activity of commercial enterprise conducted for compensation or profit.

 

                        (17)      “Council” shall mean the governing body of the Town of Round Top, Texas.

 

                        (18)      “Development” shall mean newly constructed or erected buildings or struc­tures to a lot, relocated buildings or structures onto another lot, or the use of open land for a new or different use.  To “develop” is to create a development.

 

                        (19)      “Dwelling” shall mean a building or portion thereof designed and used exclusively for residential occupancy, including single-family dwellings, but not including hotels, motels or boarding houses.

 

                        (20)      “Fence” shall mean a structure or vegetative hedge designed, constructed, or planted to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. Provided, however, dikes and retaining walls erected or constructed for the purpose of diverting water and retaining soil shall not be deemed a fence, nor shall backdrops erected for tennis courts or similar sports/recreational uses.

 

                        (21)      “Floor area, gross” shall mean the area within the inside perimeter of exte­rior walls of a building, with no deduction for corridors, stairs, closets, thickness of walls, columns, or other features, but exclusive of areas open and unobstructed to the sky.

 

                        (22)      “Landscaping” shall mean decorative vegetative material such as grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living dura­ble material commonly used in conjunction with plant materials such as rock, pebbles, sand, walls or fences, which are used to improve the aes­thetic appearance of open spaces.

 

                        (23)      “Lot” shall mean a lot, tract, or parcel of land designated on a subdivision plat duly filed with the County Clerk of the County in which such lot is located, or any lot, tract, or parcel of land held in separate ownership and described by metes and bounds upon a deed duly recorded or registered with the County Clerk of the county in which same is located that existed prior to the date of adoption of applicable subdivision regulations of the Town.

 

                        (24)      “Lot line” shall mean the boundary line of a lot; provided, however, no lot line, whether front, side, or rear, shall extend beyond an adjacent street line.

 

                        (25)      “Lot of record” shall mean a tract of land designated as a “lot,” “tract,” or “reserve” on a subdivision plat duly recorded, pursuant to applicable law, in the county clerk’s office of the county in which the lot is located.

 

                        (26)      “Manufactured Home” means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight feet (8’) or more in width or forty feet (40’) 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. A structure described by this paragraph shall be allowed for placement only in a Mobile Home Subdivision, zoned MH in accordance with the Town’s Ordinances. Any structure not described by this paragraph shall not be allowed for placement anywhere else in the Town.

 

                        (27)      “Mobile Home” means a portable vehicle constructed on a chassis and which has been designed so that it may be occupied and used without a permanent foundation, and which is used as a single-family dwelling unit suitable for year-round occupancy and which has provision for electrical and water connections and which provides for waste disposal in compli­ance with the plumbing code requirements for dwellings. Mobile homes are not permitted to be located within the Town limits.

 

                        (28)      “Natural areas” shall mean creeks, waterways, and their adjacent banks; and unimproved forested areas within the 100 year flood plain.

 

                        (29)      “Natural environment” shall mean the application of these regulations for the preservation, to the greatest extent possible, of a quiet, rural environ­ment free from air, water and noise pollution generally associated with urban areas.

 

                        (30)      “Nonconforming structure” shall mean a building or structure which was lawful prior to the adoption of this Ordinance or amendment hereto, but which, following the adoption of this Ordinance or amendment hereto, is prohibited.

 

                        (31)      “Nonconforming use” shall mean a use of a building or land which was lawful prior to the adoption of this Ordinance or amendment hereto, but which, following the adoption of this Ordinance or amendment hereto, is prohibited.

 

                        (32)      “Noxious use” shall mean a use which manufactures or utilizes a sub­stance or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic comfort or well-being of humans.

 

                        (33)      “Owner” shall mean, as to particular property, any person, agent, firm, asso­ciation, or corporation having a legal or equitable interest therein.

 

                        (34)      “Parking space” shall mean an area built within the boundaries of the lot to which it pertains in accordance with applicable Town standards, of a sufficient size to store one (1) automobile, and designed and constructed for vehicular storage and not as a street or vehicular way.

 

                        (35)      “Rural Atmosphere” shall mean the use of these regulations to preserve, to the greatest extent possible, the quiet, country or non-urban environment and setting that the Town of Round Top now enjoys, and which is the guiding force behind the design criteria and standards adopted for the Town.

 

                        (36)      “Screening” shall include a barrier of stone, brick, pierced brick, masonry block, or other similar permanent material of equal character, density, and design, at least six feet (6’) in height, or a vegetative hedge at least six feet (6’) in height, installed according to accepted planting procedures, with a quality and density of plant material sufficient to block vision, noise pol­lutants or other negative by-products associated with the use that is hidden by the screening hedge, but not including cane, bamboo, or other similar extended single trunk vegetation.

 

                        (37)      “Street” shall mean any public or private roadway right-of-way which affords a primary means of access to abutting property. A driveway or alley which provides only secondary vehicular access to a lot or to an accessory parking or loading facility, or to allow vehicles to take on or discharge passengers at the entrance of a building, shall not be considered a street.

 

                        (38)      “Structure” shall mean anything constructed or erected below, at, or above grade, which requires location on the ground or is attached to something having a location on the ground, and which, out of necessity or precaution, includes support, bracing, tying, anchoring, or other protection against the pressure of the elements.

 

                        (39)      “Town” shall mean the Town of Round Top, Texas.

 

                        (40)      “Use” shall mean the purpose or activity for which land, or the buildings or structures thereon, are occupied, maintained, or committed.

 

                        (41)      “Use, main” shall mean the principal use of land or buildings as distin­guished from a subordinate or accessory use.

 

                        (42)      “Yard” shall mean an open space on a lot, at a grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise specifically per­mitted by this Ordinance. In measuring a yard for the purpose of deter­mining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the pertinent lot line and the edge of the main building, exclusive of all roof overhangs, eaves, or any other protrusions beyond the walls thereof, shall be used. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the Land Use district in which such lot is located.

 

                        (43)      “Yard, front” shall mean an area extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front of the main building or any projection thereof other than steps or unenclosed porches.

 

                        (44)      “Yard, rear” shall mean an area extending along the whole length of the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than steps or unenclosed porches.

 

                        (45)      “Yard, side” shall mean an area extending along the side lot line from the front yard to the rear yard, and being the minimum horizontal distance between the applicable side lot line and any building or projection thereof other than steps or unenclosed porches.

 

[Sec. 1-7 - Sec. 1-19.  Reserved]

 

 

ARTICLE II.  ESTABLISHMENT OF DISTRICTS AND BOUNDARIES

 

Sec. 1-20.        Establishment of districts

 

            For the purposes of this Ordinance, the Town is hereby divided into four (4) use districts, which shall be known and described, respectively, as follows:

 

                                    District R (Single-family Residential Dwelling District)

                                    District B/H (Business/Historic District)

                                    District C (Commercial District)

                                    District MH (Manufactured Home Subdivision)

 

Sec. 1-21.        Land Use district map

 

The location and boundaries of the districts of the Town shall be shown on the map attached hereto, which map is designated as the “Official Land Use District Map of the Town of Round Top, Texas.” Said map and all notations, references, and other information shown thereon and all amendments thereto are made a part of this Ordinance as if fully set forth and described herein.

 

Sec. 1-22.        Identification of Land Use district map

 

The Land Use district map shall be identified by the signature of the Mayor, attested by the Town Secretary, and the seal of the Town under the following words:  “This is to certify that this is the official Land Use District Map referred to in the Town of Round Top Land Use Ordi­nance,” together with the number and the date of the adoption of this Ordinance.

 

Sec. 1-23.        Changes in Land Use district map

 

If, in accordance with the provisions of this Ordinance and V.T.C.A., Local Government Code §211.001 through 211.013, changes are made in district boundaries or other matters portrayed on the official Land Use district map, such changes shall be entered on such map promptly after the amendment has been approved by the Town Council, with an entry on the official Land Use dis­trict map as follows:  “On __________________ (date), by Ordinance No. ____ (number), the following changes were made in the Official Land Use District Map: _______________ (brief description of nature of changes),” which entry shall be signed by the Mayor and attested by the Town Secretary.

 

Sec. 1-24.        Location of Land Use district map

 

Regardless of the existence of purported copies of the official Land Use district map which may be made or published from time to time, the official Land Use district map shall be located in the office of the Town Secretary, and it shall be the final authority as to the current use classification of land areas, buildings, and other structures in the Town.

 

Sec. 1-25.        Interpretation of Land Use district boundaries

 

Where uncertainty exists as to the boundaries of districts as shown on the official Land Use dis­trict map, the following rules shall apply:

 

            (a)        Street lines. Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center lines.

 

            (b)        Lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

 

            (c)        Town limits. Boundaries indicated as approximately following Town limits shall be construed as following such Town limits.

 

            (d)        Waterway lines. Boundaries indicated as approximately following the center lines of streams, canals, drainage ways, or other bodies of water shall be construed to follow such center lines.

 

            (e)        Extensions. Boundaries indicated as parallel to or extensions of features indicated in Subsections (a) through (d) above shall be thus construed.

 

            (f)         Distances. Distances not specifically indicated on the official Land Use district map shall be determined by the scale of the map.

 

            (g)        Physical features. Where physical features existing on the ground are at variance with those shown on the official Land Use district map, or in any other circum­stances not covered by Subsections (a) through (f) above, the Board of Adjust­ment shall interpret the district boundaries.

 

[Sec. 1-26 - 1-29.  Reserved]

 

 

ARTICLE III.  COMPLIANCE WITH REGULATIONS

 

Sec. 1-30.        Applicability

 

Except as specifically authorized to the contrary in this Ordinance, the following regulations apply in all districts:

 

            (a)        Use of land and buildings. No land, or any building thereon, shall be used except for a purpose permitted in the district in which such land is located.

 

            (b)        Height of buildings. No building or structure, or any part thereof, shall be erected, constructed, reconstructed, converted, enlarged, moved, or structurally altered to exceed the height limits herein established for the district in which such building or structure is located.

 

            (c)        Building construction. No building or structure, or any part thereof, shall be erected, constructed, reconstructed, converted, enlarged, moved, or structurally altered except in conformity with the area regulations of the district in which such building or structure is located.

 

            (d)        Off-street parking. No building shall be erected, constructed, reconstructed, con­verted, enlarged, moved, or structurally altered except in conformity with the off-street parking regulations of the district in which such building is located.

 

            (e)        No encroachment on yard area. No part of any lot area, yard, open space, or off-street parking required by this Ordinance shall be encroached upon or reduced below the minimum requirements of this Ordinance for the district in which such lot is located.

 

            (f)         No reduction in lot or yard area below requirements. No lot or yard existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein for lots and yards in the district in which such lot or yard is located. Any lot or yard created after the effective date of this Ordinance shall equal or exceed the minimum dimension and area requirements of this Ordinance for lots and yards in the district in which such lot or yard is located.

 

Sec. 1-31.        Nonconforming uses and structures

 

            (a)        Authority to continue nonconforming uses. The use of land or buildings or struc­tures which was lawful upon the effective date of this Ordinance, although not conforming to the provisions hereof, may be continued subject to the terms hereof. No nonconforming use or nonconforming building or structure may be extended or expanded; provided, however, extension of a nonconforming use wholly within an existing building or arrangement of buildings designed and con­structed for such use shall be permitted provided no structural alteration of such building or buildings is required, and the use of additional land is not required. If the nonconforming use of a building or land is discontinued for ninety (90) con­secutive days or more, the future use of such building or land shall be in confor­mity with the provisions of this Ordinance. For the purposes hereof, a use is discontinued when the land or a building becomes devoted to a different main use, or the land or building is no longer used for any purpose.

 

            (b)        Nonconforming accessory uses.  No accessory use to a nonconforming use shall continue after termination of the nonconforming use unless such accessory use otherwise complies with the provisions of this Ordinance.

 

Sec. 1-32.        Authority for continued existence of nonconforming structures

 

A structure lawfully existing on the effective date of this Ordinance, although not conforming to the provisions hereof, shall be allowed to continue in existence subject to the following:

 

            (a)        Notwithstanding the following provisions, the limitations below regarding architec­tural style, shall not apply to ranch style, brick structures (used as single-family homes or for other permitted uses in their district) which are in existence on the date of adoption of this Ordinance, and such structures are hereby specifi­cally permitted to be expanded, rehabilitated, or modified in their existing style, so as to assure architectural compatibility with the existing structures. All other requirements of this Ordinance shall apply to such structures.

 

            (b)        Nonconforming structures shall not be extended or enlarged, nor shall they be struc­turally altered, unless such alteration converts such structure into conformity with the provisions hereof; provided, however, routine repairs and nonstructural alterations shall be permitted if they do not have the effect of extending or enlarging the nonconforming characteristics thereof.  Provided, further, noncon­forming single-family dwelling main buildings may be extended or enlarged if the extension or enlargement does not increase the nature or degree of the noncon­formity and the building is nonconforming due to lot size or the depth of the required front, side, or rear yard.

 

            (c)        Nonconforming structures shall not be rebuilt in the case of total destruction, or partial destruction exceeding fifty percent (50%) of its fair market value. If any such structure is damaged or destroyed to the extent of more than fifty percent (50%) of its fair market value, such structure shall not be rebuilt except in con­formity with this Ordinance. If such structure is accidentally damaged to the extent of fifty percent (50%) or less of its fair market value, it may be repaired, restored, or renovated to its previous nonconforming status provided actual resto­ration, renovation, or repair is commenced within six (6) months following the date the damage is incurred.

 

Sec. 1-33.        Nonconforming status

 

The following are hereby declared to be lawfully existing nonconforming uses or structures:

 

            (a)        Any existing use or structure not in conformance with the regulations of the Land Use district in which it is located but lawfully existing at the time of the adoption of this Ordinance;

 

            (b)        Any existing use or structure not in conformance with the regulations of the Land Use district in which it is located but lawfully existing at the time of the adoption of any amendment to this Ordinance, the result of which amendment renders such use or structure nonconforming; and

 

            (c)        Any existing use or structure not in conformance with the regulations of the Land Use district in which it is located at the time of annexation into the Town.

 

Sec. 1-34.        Change in ownership

 

The status of nonconforming uses and nonconforming structures are not affected by ownership and/or occupancy change, except as otherwise provided herein.

 

[Sec. 1-35 - 1-39.  Reserved]

 

 

ARTICLE IV.  PERFORMANCE

 

Sec. 1-40.        Compliance required

 

It shall be unlawful for any person to use or permit the use of any land or structure within the Town in a manner which creates any dangerous, injurious, noxious, or other similar condition, including, but not limited to, the emitting of vibration, air pollution, or odorous matter, the stor­age of explosive, hazardous, toxic, or noxious matter or materials, or the casting of glare at levels which adversely affect surrounding areas or adjoining premises. Permitted uses set forth in this Ordinance shall be subject to compliance with the applicable performance standards contained in this Article. 

 

The standards set forth in this Article shall apply in the various Land Use districts as set forth herein.

 

Sec. 1-41.        Light and glare

 

All exterior lighting in District R (Residential) or District B/H (Business/Historical) shall be shielded so that no light is emitted above the bottom of the light source or bulb (100% cut-off). Compliant fixtures shall not be mounted so high as to cast light or glare on adjacent residential property. Examples of compliant fixtures are the historic fixtures over two doors of the Round Top Courthouse and the sign light on the front eave of the Round Top Real Estate building. A modern example of compliant 100% cut-off fixtures are the parking lot lights at Round Top State Bank. Governmental or special use public buildings are not exempt from this section but may apply for a variance based on special circumstances or requirements.

 

Low voltage, seasonal lights (“Christmas lights”) are permitted between November 15 and January 15 of each year. Such lights which front on residential property shall be turned off at the close of the business day or not later that 10:00 p.m. each evening..

 

Sec. 1-42.        Natural Areas, landscaping and buffering

 

            (a)        Purpose. Natural and planted landscaping and buffer yards shall be required to provide a separation between land uses of different categories to eliminate or minimize potential nuisances from litter, noise, glare, signs, unsightly buildings, and parking areas, to provide spacing to reduce adverse impacts from noise or odor, or danger from fire or explosion, and to enhance aesthetics and the visual image of the Town.

 

            (b)        Responsibility for buffer yards. Buffer yards shall be required when (i) the main use of a lot is changed to a different category of use, and the new category of use is different than the category of the main use of an adjacent lot, or (ii) a lot is developed for a commercial use and such lot is adjacent to a lot, developed or undeveloped, that is within District R. The owner of the lot upon which the main use is changed, or upon which a use is developed as above provided, shall estab­lish and maintain the buffer yard in accordance with this Ordinance.

 

            (c)        Landscaping, wooded areas, and buffer yards used to shield nonconforming architectural conditions. In certain conditions, landscaping, buffer yards or existing wooded areas may be used to shield architectural conditions that are non­conforming from the view of adjacent properties. In this case, these wooded areas or landscape conditions shall be maintained by the land owner and may not be removed, or allowed to deteriorate in a manner to expose the nonconforming con­dition to view from any adjacent property unless such nonconforming condition is corrected.

 

            (d)        Trees, flood plains, green belts, and natural areas. Existing green belts along watersheds, creeks and gullies shall be protected in a natural state. Under most circumstances, areas within the 100 year flood plain shall be used only for green belts, natural park land or for agricultural purposes. Residential construction may be allowed within the 100 year flood plain only if the finished floor of the build­ing is built above the level of the 100 year flood plain and an acceptable founda­tion design from a registered engineer shows that such a structure could withstand the maximum water levels of such a flood without significant damage to the structure or to adjacent structures. No commercial construction shall be allowed within green belts areas or within the 100 year flood plain. All contiguous commercially-developed property within the limits of the Town of Round Top, regardless of district, shall preserve and retain as greenspace no less that $25% of the total square footage of said property. “Greenspace” is defined as areas of grass or other decorative plantings. Computation of greenspace may include required setbacks, but shall not include road right-of-way, designated parking areas, decks, or walking paths of gravel, wood, or other impervious cover. Applicants for construction permits are responsible for demonstrating to the Architectural Review Board that these requirements will be met.

 

            (e)        Cutting of Trees. Cutting, removal or trimming of more than twenty-five percent (25%) of the limbs of any tree with more than a six-inch diameter shall require approval of the Architectural Review Board. Notwithstanding that diseased trees or storm damaged trees may be removed with written permission of the Building Official. On any property of less than two (2) acres, in order to remove any tree of six inches (6”) in diameter or larger, a property owner must prove overwhelming practical reasons for such a cutting, and such cutting shall be allowed only if the tree or trees are replaced, at land owner’s expense, at another location within the Town limits by trees with the equivalent sum of total diameter and comparable value as determined by accepted landscape appraisal formulas and a minimum of a five-gallon size specimen. 

   

                        In forested tracts of more than two (2) acres, replacement trees must be provided at a rate of 33.3% of the sum of total diameter and comparable value. In these areas, and in areas within the Town limits where construction is planned, clearing or cutting of mature trees should not be allowed except in the case where no acceptable building site can be found on the property that does not require cut­ting of significant trees or where removal of said trees can be proved to be critical to the use of the structure. In these exceptional cases, the land owner shall be required to plant new trees at the predetermined rates stated above to replace the ones removed to facilitate the construction. Notwithstanding these exceptions, natural screening between wooded adjacent properties should be maintained to protect the privacy of adjacent property owners.

 

            (f)         Run off, grey water and land owner’s responsibility for erosion. All runoff into creeks and gullies within the Town limits shall be managed by adjacent prop­erty owners to minimize erosion and environmental impact. No release of gray water, septic, chemical, or other pollutants should be allowed into the watershed. All runoff from parking areas and large paved areas shall be directed away from such features where possible to avoid excessive erosion and the release of auto­motive fluids into the watershed. Terracing and swales covered by grass or vege­tation and collection areas, natural in appearance, rather than concrete embankments and culverts, shall be used where possible for this purpose.

 

            (g)        Allowances for walkways. Allowances shall be made to encourage foot traffic within the Town limits. The Town of Round Top may require easements for this purpose along property lines. Written notice of the Town’s intention to establish such walking paths, including the proposed path of the walkway, must be sent to all effected property owners thirty (30) days in advance of the establishment of such easements. To this purpose, the establishment of such easements may be required as a condition for the approval of any change of use or for approval of any other building permit application. However, no easements shall be established within fifty feet (50’) of the front and side, and one hundred feet (100’) from the rear of the main residence on any property in District R without the express writ­ten permission of the affected property owner.

 

Sec. 1-43.        Off-street parking and loading

 

            (a)        General Provisions. Required parking shall be comprised of gravel or hard-sur­face, off-street parking spaces and shall have direct access to a public street or alley by a driveway not less than twelve feet (12’) in width if a one-way driveway, and not less than twenty-four feet (24’) in width if a two-way driveway.

 

            (b)        Materials. In Districts R and B/H, the preferred materials shall be gravel, plant mix (gravel and ash), stone, brick, cobblestone, patterned concrete in approved patterns and other decorative masonry. In Districts C only, broomed concrete, or asphalt laid over a six-inch deep compacted base may be approved at the discre­tion of the Architectural Review Board if, in the judgment of the Architectural Review Board, the use of these materials will not deteriorate the rural atmosphere of that area of the community, notwithstanding that such materials shall not be used in District B/H. Also, in District R only, driveways on parcels of land over five acres, with driveways in excess of 200 ft., broomed concrete or asphalt laid over a six-inch deep compacted base may be approved at the discretion of the Architectural Review Board if, in the judgment of that Board, the use of these materials will not deteriorate the rural atmosphere of the community.

 

            (c)        Shielded parking areas and communal parking. All parking areas within Districts C and R shall be substantially shielded from public view by the planting of trees, hedges of six feet (6”) from grade, or other approved shielding. In District B/H, the Town of Round Top and the Architectural Review Board shall make every effort to accommodate the following intentions of this Ordinance: All approved parking areas shall, as much as reasonably possible, be located in areas shielded from the view of the main street, and from open public areas. Because of existing conditions and smaller lot sizes, the Town and the Architectural Review Board shall encourage the establishment of communal parking areas for this pur­pose.

 

            (d)        Calculating the parking requirement. Off-street parking requirements shall be calculated based upon estimated parking required by the use of the structure. Therefore, a property that is to be used for a high traffic business shall be required to provide a greater area of off-street parking than a small business or residential property. The actual number of off-street parking places shall be determined by the Architectural Review Board using the table below, but the maximum calcula­tion for off-street parking requirements area shall be as follows: One parking space may be required for every 100 square feet of gross floor area. When calcu­lating the required number of off-street parking spaces, fractions of less than one-half (½) shall be disregarded, and fractions of one half (½) or more shall be counted as one (1) space. Where parking requirements are based on building floor area, the floor area calculations shall be based on the gross leasable floor area.