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.

 

                                    Table of off required street parking:

 

                                    (1)        Dwellings - Two per family

                                    (2)        Bed & breakfast or other commercial accommodations - One per sleeping room

                                    (3)        Professional Office - Three plus one per 400 sq. ft. over 1,000 sq. ft. of interior office space.

                                    (4)        Stores, retail or service - Two plus one per 600 sq. ft. over 1,000 sq. ft. of interior space.

                                    (5)        Restaurant - One per three seats for diners on owner’s property.

                                    (6)        Art Gallery, museum, library or community center - Five plus one per 600 sq. ft. over 2000 square feet of interior space.

                                    (7)        Light manufacturing or distribution - One per employee, plus a minimum of one truck space per 1,200 sq. ft. of warehouse space.

                                    (8)        Churches or performance halls - One parking space for each three seats in the main auditorium.

                                    (9)        Other - Parking requirements as needed at the discretion of the Architectural Review Board.

 

            (e)        Dimensions.  Required parking spaces shall be provided in accordance with the following standards:

 

                        (1)        Street parking:  Standard automobile parking spaces set perpendicular to the building (90 degrees) shall be a minimum of nine feet (9’) wide by eighteen feet (18’) long.  Standard automobile parking spaces set parallel to the building shall be a minimum of eight feet (8’) wide by eighteen feet (18’) long.   Perpendicular spaces shall be preferred, provided the right of way is of sufficient width to allow such parking and traffic.

 

                        (2)        Parking lots:  Standard automobile parking spaces shall be a minimum of nine feet (9’) wide by eighteen feet (18’) long.

 

                        (3)        Handicapped parking shall be provided in accordance with the Americans With Disabilities Act.

 

                        (4)        Council may require alteration of the above standards in order to accommo­date special vehicles or size of vehicles. 

 

            (f)         Site Orientation of off-street parking. All commercial, off-street parking shall be oriented on the lot so that either the building to be served, adjacent landscap­ing, or a buffer yard shields the parking area from the view of the street. In gen­eral, parking should be oriented at the rear of all high volume commercial structures to diminish the visibility of said parking areas.

 

Sec. 1-44.        Manufactured Home Subdivisions.

 

Performance standards for manufactured home subdivisions, in addition to the requirements contained herein, are located in the Manufactured Home Subdivision Standards Ordinance, adopted separately.

 

Sec. 1-45.        Architectural Standards.

 

            (a)        Architectural Models.

 

                        District B/H models: Within District B/H, existing models of a historical nature shall determine architectural standards. These models are the existing historic buildings and architectural themes that currently exist within the town. These include the following structures: The storefront buildings on the southeast side of the Town Square, the old Schwarz store and brewery building across from Henkel Square; the buildings on Henkel Square; the Bethlehem Lutheran Church and the Concord Baptist Church; the Bauer-Schuddemagen House on Hwy 237; the building housing Klump’s restaurant on Hwy 237; the historical buildings on the corner of Round Top Road and Hwy 237, currently the Round Top Inn and Shops; the log buildings and the frame structures on the block bound by Bauer Rummel Road, White Street, Wantke Street and Hwy 237; the Krause House, the Wagner House, the original facade of the Albers house and the Graf House on White Street, the Rummel House and the Umland/Diers House on Mill Street, the Fricke/Cies house and the Schwarz/Quade house on FM 1457, the Bybee-Reed house and the Oak Grove House on CR 111, the historical buildings at the Winedale Historical Center and the Round Top General Store building.

      

                        These buildings shall serve as general architectural models for any new construc­tion or modification of structures within District B/H.

 

                        District R Models: Within District R, the same architectural models listed under District B/H will apply with these additional models: The following structures at the Festival-Institute at Round Top – the Clayton House, the Menke House, the Edyth Bates Old Chapel, the Concert Hall.

 

                        District C Models: Within District C, the same architectural models listed above for Districts B/H and District R will apply with these additional models: the Old Depot Antiques Main Building and Dance Hall (excluding the metal building in between), the original front facade of the Round Top Mercantile Store (excluding the metal building hardware addition to the right).     

 

                        Special Architectural Merit: Within all districts, special exceptions to the archi­tectural models established above may be made, if a proposed design has “Special Architectural Merit,” provides for architectural or historical conformity and design as good or better than the standards contained herein, and will enhance the beauty and quality of the Town of Round Top. This exception to the required architectural standards may only be made by a unanimous vote of a quorum of the Architectural Review Board and by unanimous vote of Town Council.

 

                        Adjacent Architecture: The Architectural Review Board shall consider the style, nature and orientation of adjacent architecture when reviewing an application to maintain a consistent and attractive architectural context for the surrounding neighborhood.

 

            (b)        Materials.

 

                        District B/H   

 

                        Foundations: Foundations may be constructed of concrete slab, masonry or pier and beam construction and must be raised from grade in order to simulate a pier and beam structure in the manner of the historical models. Exposed block masonry or concrete foundations shall be concealed by a brushed stucco, plaster or native stone veneer applied to visible areas, or other approved condition, to simulate a pier and beam skirt condition.

 

                        Exterior facades, siding and trim: Exterior facades on all sides of new struc­tures shall be constructed of materials typical to the existing historical models, or of new materials that accurately simulate the appearance of the historical models.  The following materials and styles shall be used:          

 

                                    Masonry: Native sandstone, limestone, or other acceptable chopped or field stone, either structural or as veneer over wood frame or metal construction. Pat­tern to simulate existing models.

 

                                    Wood siding: Redwood, cypress, western red cedar, cementitious siding or native cedar siding in either a board and batt pattern or in a 4”- 4.5” lap beveled siding. Milled wood sidings in patterns found on the architectural models may also be used. Cementitious sidings must simulate approved wood siding profiles, and must be blind nailed and/or all headed fasteners filled. Visible heads of “square nails” are acceptable.

 

                        Doors and Windows: Doors and windows should match or simulate those in the architectural models. Aluminum, metal or store front windows shall not be installed. Doors should maintain a rural and historical appearance. Transoms, sidelights and other features typical to the doors and windows of the historical models shall be encouraged.

 

                        Porches and other exterior features: Exterior porches should be wood frame and have either wood plank or stone floors. Balustrades must be of the same architectural style as the main building and of a style that matches or is similar to listed architectural models. Outbuildings and other exterior features must match the style of the main structure or have the appearance of rural outbuildings.

 

                        Roofs: Roofs should maintain a minimum of an 8/12 pitch. A pitch of up to 14/12 may be required by the Architectural Review Board if such is required to maintain the architectural style of the structure being proposed. The following types of roof materials shall be used: Fire-retardant hand-split wood shake, metal roofs in a V-crimp galvanized or galvalume, corrugated tin or standing seam. All metal roofs must have a galvanized tin or silver finish. Composition, aluminum or vinyl shin­gles may not be installed. Built-up flat roofs may not be installed.  Commercial grade metal roofs in a gray tin or silver finish may be approved for certain com­mercial structures, notwithstanding that eave and fascia conditions must be modi­fied to match similar conditions on the model structures.

 

                        Walks, roads and driveways: Walkways may be constructed of native stone, brick, wood in the manner of a raised boardwalk, cobblestone, gravel, patterned concrete or other approved masonry surface. Roads and driveways may be con­structed of gravel, patterned concrete, masonry, brick, cobblestone, or other approved masonry materials.  All roads must be designed to manage ground water and direct such overflow to appropriate run off. The entrances, exits, culverts and other features of parking areas for commercial structures may require masonry or stone trim and boundaries, at the discretion of the Architectural Review Board.

 

                        Height of buildings: No structure shall be built with a roof ridge line higher than fifty feet (50’) from the original grade of the site, notwithstanding that chimneys, steeples, and other such features may extend beyond this height.

 

                        Utility easements and placement of utility poles: All utility easements shall be placed in a manner to minimize the visibility of utility poles and other utility fea­tures and equipment. The Architectural Review Board may require, at its discre­tion, the installation of underground utilities where overhead utility lines would interfere with significant views from adjacent properties. All electrical drops from the utility supplier’s transformer to the electrical service of a new structure, or a structure that undergoes significant alterations or additions, shall be installed underground.

 

                        District R.      

 

                        The exterior appearance of structures in District R shall match the standards and materials established for District B/H with the following modifications:

 

                        Architectural Models: The construction of additional models at the Festival-Institute at Round Top may expand the historical architectural styles that may be used in District R. Victorian, Arts and Crafts, Gothic, Colonial architecture, hybrids of these styles, and the models established for District B/H may be util­ized in the design of structures built in District R.

 

                        Additional materials: Metal windows may be used in district R but the metal frame must be colored (i.e., be some color other than a silver toned metal) and simulate a wood condition. Wood trim around these windows must simulate con­ditions appropriate to the applicable historical style and must imply a wood win­dow. Architectural grade composition shingles may be used in approved architectural styles which simulate wood shingle roofing.

 

                        District C.

 

                        The architectural models for buildings in District C shall be expanded to include the additional buildings listed above. Therefore, structures maybe built using a front facade of a historical style on the side of the structure that faces the public street, or other public area, but otherwise may be constructed of metal or other conventional commercial materials.

 

                        Screening: Metal siding or other materials may be used on non-public sides of structures built in district C with the provision that permanent screening, either decorative, trees or natural woodland, shall be used to screen such non-complying materials from public view. All sides of a structure that are exposed to the public, including parking areas, must be of the same architectural style as the front facade.

 

                        Roofs: Roofs may be installed at a lesser pitch, from flat up to a 3/12 pitch, and may utilize any standard roofing material, as long as these non-conforming roof­ing materials are not visible from the ground level of the building. Roofs over 3/12 in pitch must utilize the roofing materials specified for District B/H.

 

                        Doors and windows: Doors and windows in the front facade must maintain a his­torical architectural style. However, metal and other commercial style windows and doors may be utilized on all other sides of the building.

 

                        Parking areas and building orientation: Buildings shall be oriented on the lot in such a way that the bulk of the required off-street parking is shielded from the view of the street either by the main building, new screening and landscaping or existing natural areas.

 

                        Waste containers and utility yards: All waste containers, dumpsters and utility yards shall be shielded from public view by fencing or landscaping. Property owner shall keep all such areas free of infestation by insects, rodents and other pests. No odor from such areas shall be detectable from any adjacent property.

 

            Sec. 1-46.        Signs.

 

            Prohibited Signs: The following types of signs shall not be erected within the Town lim­its of Round Top: Signs for businesses not located on your property of any size, portable signs, flashing or garishly lighted signs. Lights on signs in Districts R and B/H which are visible from a residence or residential area shall comply with Section 1-41 “Light and glare” of this ordinance. Sign lights shall be shielded so that no light is emitted above the bottom of the light source (100% cut-off). Signs shall be illuminated from the top downward. Sign lights should be directed downward onto the sign itself and shall not cast illumination or glare into the night sky, adjacent residential property, or the public roadway.

 

            Banners: All weather banners may be used only to promote special civic and non-profit events, and shall not be erected more than thirty (30) days before an event is to begin. Such banners shall be removed no later than seven (7) days after each event ends. Ban­ners may also be used to announce the opening of a new business. The maximum period a new business banner may be used is forty-five (45) calendar days. Banners may not be used to promote sales, special commercial events or to provide any other commercial message.

 

            Murals and special paint schemes: Murals and special paint schemes for buildings will be considered on an individual basis by the Architectural Review Board. An accurate, detailed, color drawing of the proposed mural or paint scheme must be submitted with the application for review.

 

            Sign size, historical lettering and graphics: All permanent signage must utilize histori­cal or faux-historical shape, lettering and graphics, and conform with size requirements as Council may from time to time approve. Sign size shall be in proportion to size of build­ing and square footage of property. All signs are subject to review by the Architectural Review Board, and if they meet the standards established by Council, will not require Council approval.

 

 

[Sec. 1-47 - 1-49.  Reserved]

 

 

ARTICLE V.  SUPPLEMENTAL DISTRICT REGULATIONS

 

Sec. 1-50.        Applicability

 

The regulations set forth in this Article shall apply to all districts and permitted uses in the Town.

 

Sec. 1-51.        Visibility at intersections

 

On a corner lot, no structure, whether permanent or temporary, shall be erected or constructed, and no vegetation shall be planted and allowed to grow, in such a manner as to impede vision between a height of two feet (2’) and eight feet (8’) above the center line grades of the intersect­ing streets, in the triangular area bounded by the intersecting street lines and a line joining points along said street lines twenty feet (20’) from the point of their intersection. 

 

Sec. 1-52.        Fences

 

            (a)        Districts R & C.  Fences shall not be erected upon town, state or other public rights-of-way. The location of any new fence shall be verified by a licensed sur­veyor or by review of a survey by the Building Official.  Fences may be con­structed or erected within a required yard, other than a front yard, provided no such fence shall exceed six feet (6’) in height. Fences in front yards and along the sides of the lot up to the front line of the building are allowed, provided that no fence in this area shall exceed four feet (4’) in height. A fence along the side yard line may be six feet in height once it is past the front line of the building. Arched entrances for foot traffic may be built up to ten feet (10’) high and ten feet (10’) wide. Entrances and gates for automobiles may be constructed up to ten feet (10’) in height and up to twenty-five feet (25’) wide.

 

                        Fences should follow, in materials and character, the architectural style of the main structure and/or the adjacent natural landscape.

 

                        Fence Materials: Fences may also be constructed of native stone, native stone or brick columns with inserts of decorative iron work or wood, decorative iron work, natural vegetation, wood picket, twig, split rail or ranch plank, or any other his­torically based material or pattern approved by the Architectural Review Board. Fences shall not be constructed of chain link, vinyl, plastic, running brick, con­crete block or other non-conforming material or method. Wood privacy fencing shall not be erected except in specific applications listed below.

 

                        Open perimeter fences may be constructed of wood materials as follows:

 

                                    Treated yellow pine, native cedar, western red cedar, cypress or redwood planking with a minimum space of six inches (6”) between planks.

 

                                    Native cedar, oak, juniper or other native species of unhewn or rough-hewn log, twig, split rail, rough timber or beam and cedar post with non-barbed wire.

 

                                    Livestock fencing: Cedar post or post and barbed wire may be used on lots in excess of three acres, provided that these fences are set back a minimum of five (5’) from the property line of any property with an established residential use, and provided that these fences have a rural or artistic architectural character, and provided that the use of these areas conform with guidelines for the legal occupancy of animals contained in these standards in Sec. 1-53.

 

                        Closed wood (privacy) fencing may be allowed for the following uses:

 

                                    Enclosing a utility area no larger than ten feet square (10’ x 10’), and used for storage of household or commercial waste.

 

                                    Enclosing utility equipment such as: propane tanks, HVAC condenser units, electrical service, water purification equipment, pool or spa equip­ment, or other similar uses as approved by the Architectural Review Board and Town Council.

 

                                    In cases where a commercial use property is adjacent to or abuts a residen­tial use or district, closed plank fencing may be approved to protect the privacy of the residential land owner, but only in extraordinary circum­stance, and only at the discretion of the Architectural Review Board.

 

            (b)        District C. Fences may be constructed or erected within a required yard, provided no such fence shall exceed eight feet (8’) in height. Higher fences may be required in special cases where that additional height is required to shield equip­ment from public view. Styles and materials shall be the same as in District R. Privacy fencing may be used, but only to shield non-conforming work and storage areas from public view.

 

Sec. 1-53.        Livestock pens, kennels, etc

 

No structure or pen housing pets or livestock, including exercise runways for more than three (3) mature dogs, or other large animals, shall be located within fifty feet (50’) of a property line. Provided, however, dog houses for a maximum of three (3) mature dogs shall be permitted within any required side or rear yard in District R.

 

Pets and animals may be kept in all districts, provided that the habitation of said animals and pets does not produce noxious odors that can be detected from adjacent properties, or loud, offensive, and repetitive noises that interrupt the peace of adjacent property owners.

 

Sec. 1-54.        Accessory uses and structures

 

Accessory uses and structures are permitted in any Land Use district in connection with any main use lawfully existing within such district provided that all accessory structures shall comply with applicable regulations for the district in which the structure is located.

 

Sec. 1-55.        Temporary uses during construction

 

Temporary uses incidental to construction, but not otherwise lawful within a District, shall be authorized during periods of construction of buildings or structures otherwise permitted in such District.

 

Sec. 1-56.        Temporary uses during special events

 

Temporary uses or businesses during special events within the Town, such as Fourth of July weekend, or Antique Week(s), shall be authorized pursuant to a temporary occupancy permit, subject to compliance with the district standards contained in this Ordinance.

 

[Sec. 1-57- 1-59.  Reserved]

 

 

ARTICLE VI.  LAND USE DISTRICT

 

Sec. 1-60.        District R (Single-family Residential Dwelling District)

 

District R is a low density single-family residential dwelling district, and is subject to the Town’s most restrictive regulations in order to prevent the encroachment of incompatible uses, preserve property values, and preserve the rural character of the Town. No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, converted, enlarged, or structurally altered within District R, except in accordance with the provisions of this Section.

 

            (a)        Permitted uses:

 

                        Single-family dwellings

                        Accessory uses

                        Governmental facilities

                        Home Occupations

                        Bed and Breakfast establishments with no more than three bedrooms

                        Artist or craft studios and galleries of less than twelve hundred square feet

                        Churches or houses of worship

 

            (b)        Lot size requirements:

 

                        Minimum lot area: 43,560 square feet (1 acre)

 

                        (1)        Secondary Buildings: Any secondary residential building, such as a guest house or other such structure with a planned residential use, which exceeds a total of 450 square feet of interior air-conditioned space, or in which full kitchen facilities are installed, must meet the site and lot size requirements of a separate residence. The application for an occupancy or building permit must include a scaled plan designating a one (1) acre site that would be attributed to the structure if the property was subdivided in the future. A plan for legal and separate access and utilities must also be provided to the secondary building. Barns, agricultural buildings, storage buildings, and other structures which have no planned residential use are excepted from this requirement.

 

                        (2)        Lot size requirements for churches or houses of worship: A sufficient lot size shall be required for a church or house of worship such that ade­quate off-street parking may be provided to serve the use of the structure and to provide adequate screening for such parking, or other institutional activities of the organization, such that the peace or privacy of adjacent residential property owners is protected.

 

            (c)        Architectural standards: The exterior appearance of structures in District R shall match the standards and materials established for District B/H with the fol­lowing modifications:

 

                        (1)        Models. Within District R, the same architectural models listed under District B/H will apply with the addition of these additional models: The following structures at the Festival-Institute at Round Top – the Clayton House, the Menke House, the Edyth Bates Old Chapel, the Concert Hall. The construction of additional models at the Festival-Institute at Round Top may expand the historical architectural styles that may be used in District R. Victorian, Arts and Crafts, Gothic, Colonial architecture, hybrids of these styles, and the models established for District B/H may be utilized in the design of structures built in District R.

 

                        (2)        Materials. Metal windows may be used in district R but the metal frame must be colored (i.e., be some color other than a silver toned metal) and simulate a wood condition. Wood trim around these windows must simu­late conditions appropriate to the applicable historical style and must imply a wood window. Architectural grade composition shingles may be used in approved architectural styles which simulate wood shingle roofing.

 

Sec. 1-61.        District B/H (Business/Historical District)  

 

This district contains all of 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 Official Land Use District Map. All storefronts and other structures and grounds shall maintain a historical profile on all facades of the structure. Raised boardwalk porches, stone walkways and other typical details of existing historical archi­tecture shall be encouraged.

 

            (a)        Permitted uses: Any uses which, in the view of the Architectural Review Board and the Town Council, are designed to generate or serve the needs of the commu­nity, tourists and tourism, including:

 

                                    single-family residential use,

                                    bed and breakfast establishments,

                                    cafes and restaurants,

                                    arts and crafts shops,

                                    antique shops,

                                    professional offices,

                                    artist studios and galleries and workshops,

                                    similar uses deemed acceptable by the Architectural Review Board and Town Council. 

 

            (b)        Lot size requirements: Minimum one-quarter acre (10,890 square feet). Pro­vided, however, around the Town Square and along Highway 237, lot sizes may be a minimum of 6,000 square feet, notwithstanding that lot size must be suffi­cient to provide adequate septic facilities as approved by Fayette County and the State of Texas.

 

            (c)        Setbacks: All buildings other than those located around the Town Square shall conform to the following setbacks:

 

                                    Front yard—20 feet

                                    Side yard—10 feet

                                    Side yard abutting street—15 feet

                                    Rear yard—25 feet.

 

                        Buildings around the Town Square shall conform to the following setbacks:       

 

                                    Front yard—5 feet

                                    Side yard—5 feet

                                    Rear yard—10 feet.

 

(d)               Architectural Standards: All proposed construction or renovation must comply with the architectural standards adopted for this district by Council. Because of the importance of the buildings in this District, no alteration or major renovation may begin prior to approval of work by the Architectural Review Board and the Town Council, except for normal repair and maintenance.

 

                        (1)        Models. Within District B/H, existing models of a historical nature shall determine architectural standards. These models are the existing historic buildings and architectural themes that currently exist within the town. These include the following structures: The storefront buildings on the southeast side of the Town Square, the old Schwarz store and brewery building across from Henkel Square; the buildings on Henkel Square; the Bethlehem Lutheran Church and the Concord Baptist Church; the Bauer-Schuddemagen House on Hwy 237; the building housing Klump’s restau­rant on Hwy 237; the historical buildings on the corner of Round Top Road and Hwy 237, currently the Round Top Inn and Shops; the log buildings and the frame structures on the block bound by Bauer Rummel Road, White Street, Wantke Street and Hwy 237; the Krause House, the Wagner House, the original facade of the Albers house and the Graf House on White Street, the Rummel House and The Umland/Diers House on Mill Street, the Fricke/Cies house and the Schwarz/Quade house on FM 1457, the Bybee-Reed house and the Oak Grove House on CR 111, the historical buildings at the Winedale Historical Center and the Round Top General Store building.

      

                                    These buildings shall serve as general architectural models for any new construction or modification of structures within District B/H.

 

                        (2)        Materials. 

 

                                    Foundations: Foundations may be constructed of concrete slab, masonry or pier and beam construction and must be raised from grade in order to simulate a pier and beam structure in the manner of the historical models. Exposed block masonry or concrete foundations shall be concealed by a brushed stucco, plaster or native stone veneer applied to visible areas, or other approved condition, to simulate a pier and beam skirt condition.

 

                                    Exterior facades, siding and trim: Exterior facades on all sides of new structures shall be constructed of materials typical to the existing historical models, or of new materials that accurately simulate the appearance of the historical models. The following materials and styles shall be used:           

 

                                                Masonry: Native sandstone, limestone, or other acceptable chopped or field stone, either structural or as veneer over wood frame or metal con­struction. Pattern to simulate existing models.

 

                                                Wood siding: Redwood, cypress, western red cedar, cementitious siding or native cedar siding in either a board and batt pattern or in a 4”- 4.5” lap beveled siding. Milled wood sidings in patterns found on the architectural models may also be used. Cementitious sidings must simulate approved wood siding profiles, and must be blind nailed and/or all headed fasteners filled. Visible heads of “square nails” are acceptable.

 

                                    Doors and Windows: Doors and windows should match or simulate those in the architectural models. Aluminum, metal or store front windows shall not be installed. Doors should maintain a rural and historical appearance. Transoms, sidelites and other features typical to the doors and windows of the historical models shall be encouraged.

 

                                    Porches and other exterior features: Exterior porches should be wood frame and have either wood plank or stone floors. Balustrades must be of the same architectural style as the main building and of a style that matches or is similar to listed architectural models. Outbuildings and other exterior features must match the style of the main structure or have the appearance of rural outbuildings.

 

                                    Roofs: Roofs should maintain a minimum of an 8/12 pitch. A pitch of up to 14/12 may be required by the Architectural Review Board if such is required to maintain the architectural style of the structure being proposed. The following types of roof materials shall be used: fire-retardant hand-split wood shake, metal roofs in a V-crimp galvanized or galvalume, cor­rugated tin or standing seam. All metal roofs must have a galvanized tin or silver finish. Composition, aluminum or vinyl shingles may not be installed. Built-up flat roofs may not be installed. Commercial grade metal roofs in a grey tin or silver finish may be approved for certain commercial structures, notwithstanding that eave and fascia conditions must be modi­fied to match similar conditions on the model structures.

 

                                    Walks, roads and driveways: Walkways may be constructed of native stone, brick, wood in the manner of a raised boardwalk, cobblestone, gravel, patterned concrete in approved patterns or other approved masonry surface. Roads and driveways may be constructed of gravel, patterned concrete, masonry, brick, cobblestone, or other approved masonry materi­als. All roads must be designed to manage ground water and direct such overflow to appropriate run off. The entrances, exits, culverts and other features of parking areas for commercial structures may require masonry or stone trim and boundaries, at the discretion of the Architectural Review Board.

 

                                    Height of buildings: No structure shall be built with a roof ridge line higher than fifty feet (50’) from the original grade of the site, notwith­standing that chimneys, steeples, and other such features may extend beyond this height.

 

                                    Utility easements and placement of utility poles: All utility easements shall be placed in a manner to minimize the visibility of utility poles and other utility features and equipment. The Architectural Review Board may require, at its discretion, the installation of underground utilities where overhead utility lines would interfere with significant views from adjacent properties. All electrical service drops from the utility supplier’s trans­former to the electrical service of a new structure, or a structure that undergoes significant alterations or additions, shall be installed underground.

 

            (e)        Structures in this District may not be demolished without prior approval of the Architectural Review Board and the Town Council, unless, in the opinion of the building official, demolition is necessary to preserve and protect the public health, safety, and welfare, due to the dangerous condition of a building.

 

                        (1)        Ordinary maintenance. Nothing contained in this Section shall be con­strued to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property which does not involve a change in design, material, or outward appearance.  Exterior paint color is included as ordinary maintenance.  In-kind replacement or repair is included in this definition of ordinary maintenance. Provided, however, this Section shall not eliminate any requirement for a building permit. If the building official believes the work does not constitute ordinary main­tenance under the terms of this section, he may refer the application to the historic preservation officer, or may issue a permit.

 

                        (2)        Demolition by neglect. No owner or person with an interest in real prop­erty designated as a landmark shall permit the property to fall into a seri­ous state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the landmark as a whole or the life and character of the property itself.

 

                                    Examples of such deterioration include:

 

                                                deterioration of exterior walls or other vertical supports;

                                                deterioration of roofs or other horizontal members;

                                                deterioration of exterior chimneys;

                                                deterioration or crumbling of exterior stucco or mortar; ineffective waterproofing of exterior walls, roofs, or foundations, including broker windows or doors; or

                                                deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

 

Sec. 1-62.        District C (Commercial District)

 

            (a)        Permitted Uses: This district is designated for high volume commercial busi­nesses, including:

 

                                    restaurants,

                                    banking establishments,

                                    governmental uses, and

                                    retail uses, including temporary uses during special events.  

 

                        Single family residential building may be constructed in District C, but must meet the architectural standards of District R and meet minimum lot size requirements of one acre (43,560 square feet).

 

            (b)        Lot size: Lot size shall be determined by the size of the structure or area pro­posed, plus area for setbacks, plus the amount of land required for on-site parking and any landscaped or buffer areas, but in no case shall a lot be smaller than 43,560 square feet (1 acre).

 

            (c)        Setbacks: All buildings shall conform to the following setbacks:

 

                                    Front yard - 20 feet

                                    Side yard - 10 feet

                                    Side yard abutting street - 15 feet

                                    Rear yard - 25 feet

 

            (d)        Architectural Standards: All proposed construction or renovation must comply with the architectural standards adopted for this district by Council. 

 

                        (1)        Models. Within District C, the same architectural models listed above for District B/H and District R will apply with the addition of these models:

    

                                    The Old Depot Antiques Main Building and Dance Hall (excluding the metal building in between), the original front facade of the Round Top Mercantile Store (excluding the metal building hardware addition to the right).

 

                                    (i)         Special Architectural Merit: Within all districts, special excep­tions to the architectural models established above may be made, if a proposed design has “Special Architectural Merit”, provides for architectural or historical conformity and design as good or better than the standards contained herein, and will enhance the beauty and quality of the Town of Round Top. This exception to the required architectural standards may only be made by a unanimous vote of a quorum of the Architectural Review Board and by unanimous vote of the Town Council.

 

                                    (ii)        Adjacent Architecture: The Architectural Review Board shall consider the style, nature and orientation of adjacent architecture when reviewing an application to maintain a consistent and attrac­tive architectural context for the surrounding neighborhood.

 

                        (2)        Materials. The architectural models for buildings in District C shall be expanded to include the additional buildings listed above. Therefore, structures maybe built using a front facade of a historical style on the side of the structure that faces the public street, or other public area, but other­wise may be constructed of metal or other conventional commercial mate­rials.

 

                                                Screening: Metal siding or other materials may be used on non-public sides of structures built in district C with the provision that permanent screening, either decorative, trees or natural woodland, shall be used to screen such non-complying materials from public view. All sides of a structure that are exposed to the public, including parking areas, must be of the same architectural style as the front facade.

 

                                                Roofs: Roofs may be installed at a lesser pitch, from flat up to a 3/12 pitch, and may utilize any standard roofing material, as long as these non-conforming roofing materials are not visible from the ground level of the building. Roofs over 3/12 in pitch must utilize the roofing materials specified for District B/H.

 

                                                Doors and windows: Doors and windows in the front facade must maintain a historical architectural style. However, metal and other commercial style windows and doors may be utilized on all other sides of the building.

 

                                                Parking areas and building orientation: Buildings shall be ori­ented on the lot in such a way that the bulk of the required off-street parking is shielded from the view of the street by either the main building, new screening and landscaping, or existing natural areas, notwithstanding that other criteria from these standards may take priority over this requirement.

 

                                                Waste containers and utility yards: All waste containers, dump­sters and utility yards shall be shielded from public view by fenc­ing or landscaping. Property owner shall keep all such areas free of infestation by insects, rodents and other pests. No odor from such areas shall be detectable from any adjacent property.

 

            (e)        Orientation of buildings and parking areas: Buildings, landscaping and buffer yards should be oriented to minimize visibility of parking areas from view.

 

Sec. 1-63.        Manufactured Home Subdivision District (MH)

 

This District is established to assure that should someone wish to place a manufactured home within the Town limits, there will be a district in which this use is permitted, establishing appro­priate conditions and standards that make such uses compatible with adjacent land uses in Town. Performance standards for manufactured home subdivisions, in addition to the requirements contained herein, are located in the Manufactured Home Subdivision Standards Ordinance, adopted separately.

 

Sec. 1-64.        Application for an amendment to regulations or the official Land Use district map

 

Any person desiring to petition for an amendment to a regulation contained in this Ordinance or a district boundary shall be required to file an application in writing with the Building Official, accompanied by a nonrefundable fee in such amount as may be established from time to time by the Town Council to defray the cost of notification and processing the application.  The applica­tion shall include, but not be limited to, the following:

 

            (a)        The applicant or applicants name(s) and address(es):

 

            (b)        A specific description of the amendment proposed.

 

            (c)        A statement of the need or justification for said amendment, including its consis­tency with the Land Use policies and purposes set forth in this Ordinance and/or its consistency with the Town’s most current comprehensive planning document or documents.

 

            (d)        In the event the proposed amendment is to change a district boundary:

 

                        (1)        The legal description of the property affected and the proposed boundaries of said property;

 

                        (2)        The signed consent of the property owner or owners whose property would be affected by the proposed amendment;

 

                        (3)        The applicant’s interest in the subject property if the applicant is not a prop­erty owner of all or a portion of the subject property;

 

                        (4)        The names and addresses of all property owners required to be notified in accordance with Chapter 211 of the Texas Local Government Code and this Ordinance;

 

                        (5)        The present Land Use classification and existing uses of the property pro­posed to be reclassified; and

 

                        (6)        Such other information or documentation as the Town Council may deem necessary.

 

Sec. 1-65.        Public hearings

 

A public hearing or hearings shall be held by the Town Council before adopting any ordinance amending a district regulation or district boundary established by this Ordinance. 

 

            (a)        Notice of public hearings. Notice of all public hearings shall be given in accor­dance with this Section and applicable state law.

 

                        (1)        Content. The public hearing notice shall set forth the time, date, and place of the hearing, a summary statement of the proposal under consideration, and identification of the Town Council as the body conducting the hear­ing.

 

                        (2)        Publication. Notice of public hearings hereunder shall be given by publica­tion in a paper of general circulation within the Town, at least thirty (30) days prior to the date of such hearing.

 

                        (3)        Personal notice to affected property owner. In cases where the subject of the hearing is a change in Land Use classification, notice of such hear­ing shall also be sent to each owner, as indicated by the most recently approved Town tax roll, of real property within two hundred feet (200’) of the property on which the change in classification is proposed. Such notice, which shall be given not less than thirty (30) days before the date of the public hearing, may be served by depositing same in the Town, properly addressed with postage paid, in the United States mail. The Town Council may not adopt a change in Land Use classification until the expi­ration of thirty (30) days following the giving of notice pursuant to this paragraph.

 

            (b)        Record. The Town Council shall cause a record to be made of each hearing which shall include, but not be limited to:

 

                        (1)        the minutes of the hearing;

 

                        (2)        written protests or documents submitted by citizens in favor of or against the proposed amendment, if any; and

 

                        (3)        the application, exhibits and papers submitted to Town Council, and any written reports of Town staff. 

 

            (c)        Action by Town Council. The Town Council may grant, grant with conditions, or deny an application for an amendment, or, as it deems appropriate, take no action, or refer the proposal to another body or committee for further review and recommendation.

 

Sec. 1-66.        Limitation on resubmission of petition

 

In the event a proposed amendment is not approved by the Town Council, a similar request on the same property, or combination or portion thereof, shall not be reconsidered prior to the expi­ration of twelve (12) months from the date of the decision unless conditions pertaining to prop­erty considered in the original application and/or property in the area have, in the opinion of the Town Council, changed to such an extent as to justify consideration of a subsequent application prior to the expiration of such twelve-month period. A request for resubmission must be made prior to a request for amendment.

 

Sec. 1-67.        Prohibited Uses

 

The following uses are prohibited in all Land Use districts.  Multi-family dwelling units; sexu­ally oriented businesses; heavy machinery or industrial uses; oil or natural gas drilling, heavy commercial or industrial storage or service facilities; chemical or environmentally hazardous materials processing or storage facilities; radio, television,  microwave or other towers over fifty feet in height; uses which produce loud noise or noxious odors, or which present any other envi­ronmental hazards. 

 

[Sec. 1-68 - 1-69.  Reserved]

 

 

ARTICLE VII.  ARCHITECTURAL REVIEW BOARD

 

Sec. 1-70.        Creation

 

There is hereby created an Architectural Review Board. Such Board is established in accordance with the provisions of Chapter 211, Tex. Local Gov’t Code.

 

Sec. 1-71.        Membership

 

The Board shall consist of five (5) members, each to be appointed by the Mayor and confirmed by the Town Council. Four members of the Review Board shall be property owners or residents of the Town. Two members of the initial Review Board shall be appointed for one (1) year, and the remaining three members of the initial Review Board shall be appointed for two (2) years. Thereafter, all members shall be appointed for terms of two (2) years. Vacancies shall be filled by the same procedures for original appointment, and shall be for the unexpired term of the posi­tion vacated.

 

Members of the Board may be removed only for just cause.

 

One member of the Board of Adjustment shall be appointed by Town Council to serve as the Alternate to the Architectural Review Board. This member shall be empowered to vote on issues before the Architectural Review Board only in cases where his or her attendance is required to establish a quorum.

 

Sec. 1-72.        Selection of officers

 

At the first meeting after the appointment of members of the Board for a new term, the members shall elect one of their members as the chairman and one of their members as the vice-chairman. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers of the chairman. The members of the Board may select an additional person to preside over meetings in the absence of the chairman and the vice-chairman.

 

Sec. 1-73.        Meetings

 

Meetings of the Board shall be held at the call of the chairman and at such times as the Board may determine. All meetings of the Board shall be open to the public in accordance with the pro­visions, limitations and exceptions of applicable open meetings laws. A majority of members of the Board shall be necessary to constitute a quorum.

 

Sec. 1-74.        Rules and regulations

 

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Town Secretary and shall be a public record. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Ordinance, and shall furnish a copy of the same to the Building Official, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

 

Sec. 1-75.        Authority of the Architectural Review Board

 

The Architectural Review Board shall have the authority to review and act upon permit applica­tions for new construction and renovation within the Town, and to evaluate such applications based upon the architectural standards approved by the Town Council.  The Review Board shall further have the authority to recommend initial architectural standards for various districts to the Town Council, and to periodically review the architectural standards and recommend changes or amendments thereto to the Town Council.

 

The Architectural Review Board may issue fines to persons who, in the judgment of that Board, flagrantly or repeatedly fail to comply with the requirements of the Ordinance. These fines shall be based upon a  pre-agreed schedule of fines approved by Town Council.

 

            (a)        Variances. The Architectural Review Board shall have the authority to grant vari­ances from the technical requirements of this Ordinance, such as those relating to height, yard, and area regulations, if:

 

                        (1)        a variance is necessary to allow the reasonable use of a particular parcel of land that is restricted by attributes inherent in the land such as its area or shape and, when applying the standards of this Ordinance, it cannot oth­erwise be appropriately or reasonably used;

 

                        (2)        the granting of a variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adja­cent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, or in any way endanger the public health, safety and well-being of the neighborhood in which the subject property is located;

 

                        (3)        the literal enforcement of this Ordinance would create an undue hardship;

 

                        (4)        the need for the variance is not self-imposed by the applicant;

 

                        (5)        the hardship to be suffered through the literal enforcement of the ordi­nance would not be financial alone; and

 

                        (6)        the granting of the variance would not be injurious to the public health, safety, and welfare nor be contrary to the purpose and intent of this Ordi­nance.

 

                        The Architectural Review Board may establish and impose appropriate conditions to the granting of a variance to safeguard the character of the area and to protect adjacent property owners, which conditions shall be expressed in the written order of the Board relating thereto. Violation of any such condition shall be deemed a violation of this Ordinance.

 

                        The Review Board shall not be authorized to consider or grant a variance to allow a use not permitted in the district in which the applicable property is located, nor to change the Land Use district designation of any land.

 

[Sec. 1-76 - 1-79 Reserved]

 

ARTICLE VIII.  BOARD OF ADJUSTMENT

 

Sec. 1-80.        Creation

 

There is hereby created a Land Use Board of Adjustment. Such Board is established in accor­dance with the provisions of §211.008, Tex. Local Gov’t Code. Such Board shall have and exer­cise those powers and duties as prescribed of §211.009 of such Code and this Ordinance.

 

Sec. 1-81.        Membership 

 

The Board shall consist of the members of the Town Council.

 

Sec. 1-82.        Selection of officers

 

At the first meeting after the appointment of members of the Board for a new term, the members shall elect one of their members as the chairman and one of their members as the vice-chairman. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers of the chairman. The members of the Board may select an additional person to preside over meetings in the absence of the chairman and the vice-chairman.

 

Sec. 1-83.        Meetings

 

Meetings of the Board shall be held at the call of the chairman and at such times as the Board may determine. All meetings of the Board shall be open to the public in accordance with the pro­visions, limitations and exceptions of applicable open meetings laws. Four (4) members of the Board shall be necessary to constitute a quorum.

 

Sec. 1-84.        Rules and regulations

 

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Town Secretary and shall be a public record. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Ordinance, and shall furnish a copy of the same to the Building Official, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

 

Sec. 1-85.        Authority of the Board of Adjustment

 

The Board of Adjustment shall have the authority to grant relief in the form of appeals to the provisions of this Ordinance, subject to the standards established herein.

 

            (a)        Special exceptions. The Board of Adjustment shall have the authority to grant special exceptions when required to do so under this Ordinance.

 

            (b)        Administrative Review. The Board of Adjustment shall have the authority to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the Building Official and/or the Architectural Review Board, in the interpretation or enforcement of this Ordi­nance. Appeals may be taken to and before the Board by any person aggrieved, or by any officer, department, or bureau of the Town.

 

            (c)        Variances.

 

            (d)        Jurisdiction. Nothing herein shall be construed as conferring any jurisdiction on the Land Use Board of Adjustment in matters pertaining to the designation or non-designation of properties as historic, issuance of permits for work thereof, or the demolition thereof.

 

Sec. 1-86.        Decisions of the Board

 

In exercising its authority under this Ordinance, the Board may reverse or affirm, in whole or in part, or modify an order, requirement, decision, or determination of the Building Official, and for that purpose the Board shall have the same authority as the Building Official. The concurring vote of four (4) members shall be necessary to:

 

            (1)        reverse an order, requirement, decision, or determination of the Building Official or the Architectural Review Board; or

 

            (2)        decide in favor of an applicant on a matter on which the Board is required to pass under this Ordinance;

 

Sec. 1-87.        Applications

 

An application for variance, special exception, or appeal shall be prepared in the prescribed form, to be furnished by the Building Official, and filed with the Town Secretary and with the Building Official. To apply for a variance or special exception under the provisions of this Ordi­nance, the applicant must be an owner of the property to be affected by the variance or must have a contractual interest in the property to be affected by the variance or special exception.

 

Each application shall be accompanied by a non-refundable application fee, in such amounts as may be established from time to time by Town Council, to defray the costs of processing such application and conducting necessary hearings relating thereto.

 

Sec. 1-88.        Time Limits on Appeals

 

Appeals shall be filed within thirty (30) days of the decision, determination, or interpretation which is the subject of the appeal.  Failure to file as required herein shall constitute a waiver of any rights under this Ordinance to appeal any such decision, interpretation, or determination. Upon the filing of an application on an appeal, the Building Official shall transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken. Filing a notice of appeal shall stay any proceedings in furtherance of the action appealed. 

 

Sec. 1-89.        Hearing process

 

            (a)        Notice of hearings. The Board shall fix a reasonable time for required hearings on all matters referred to it and, at least ten (10) days prior to the date set for the hearing, shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred feet (200’) of any point of the lot or portion thereof on which a variance is requested, as listed in the most current tax rolls of the Town. 

 

            (b)        Subpoena of witnesses. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

 

            (c)        Decision by board. The Board shall decide all matters within a reasonable time. The Board may reverse or affirm, wholly or partly or modify the order, require­ments, decisions, or determination as in its opinion ought to be made in the prem­ises, and to that end, shall have all powers of the officer from whom the appeal is taken. 

 

            (d)        Successive applications. No application for a variance, special exception or appeal which has been denied shall be again filed earlier than one (1) year from the date that said application was denied.

 

 

ARTICLE IX.  ADMINISTRATION AND ENFORCEMENT

 

Sec. 1-90.        Building Official

 

The Mayor shall appoint, with the concurrence of the Town Council, a Building Official whose duties and responsibilities shall include, but not be limited to, the following:

 

            (a)        Receive, review, and administratively process all applications for amendments to the Land Use code, including specific use permits, and variances and special exceptions, that may from time to time be submitted to the Town in accordance with the Texas Local Government Code and this Ordinance;

 

                        Discretion of Building Official - The Building official may, at his or her own discretion, issue permits for the following items without the review of the full Architectural Review Board.

 

                        (1)        Approve exterior paint colors

                        (2)        Approve the trimming or removal of damaged or diseased trees

                        (3)        Installation of approved fences

                        (4)        Determination of whether an issue is a repair, and therefore needs no per­mit; or is a new installation, requiring a permit

                        (5)        Contractor’s licenses

                        (6)        Temporary Occupancy Permits (booth fees)                 

                        (7)        Issuing Occupancy Permits where no significant exterior improvements are planned and where the use is specifically noted as acceptable in the Ordinance.

                        (8)        Issuing a Building Permit for the installation of a new roof on a building where no other significant exterior improvements are planned, and the roofing material is specifically noted as acceptable in the Ordinance.

 

            (b)        Serve as staff support to the Mayor and Town Council and the Board of Adjust­ment regarding development proposals and related Land Use matters;

 

            (c)        Appear on behalf of the Town at all public hearings under this Ordinance before the Town Council and the Board of Adjustment, and present facts and information as required by this Ordinance and as requested by each of said bodies;

 

            (d)        Establish administrative procedures and maintain all records related to Land Use matters brought before the Town Council and the Board of Adjustment;

 

            (e)        Assist the Town Secretary in maintaining the official Land Use district map and maintain copies of all maps and plans that provide documentation for planning and Land Use or that are otherwise required by this Ordinance;

 

            (f)         Serve as the enforcement officer to ensure compliance with this Ordinance and standards adopted pursuant to it; and

 

            (g)        Perform such other duties as are required or prescribed under this Ordinance.

 

In the absence of a duly appointed Building Official, the Chairperson of the Architectural Review Board shall serve as Building Official of the Town of Round Top.

 

Sec. 1-91.        Contractors License Required

 

Any company or individual who operates a construction, remodeling, or related business for profit within the town limits of the Town must register with the Building Official and secure an annual license to conduct work within the Town limits. The fee for such a license shall be Twenty-five Dollars ($25.00), and the term of the license shall be for one year, beginning January 1 and extending through December 31. Homeowners working on their own residential dwelling units will not be required to hold such a license. The license application must be sub­mitted prior to the submission of any plans for construction, alteration, or renovation within the Town limits. 

 

[Sec. 1-92 - 1-99.  Reserved]

 

 

ARTICLE X.  MISCELLANEOUS PROVISIONS

 

Sec. 1-100.      Inspections

 

The Building Official, building inspector, or any duly authorized person 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 Ordinance.

 

Whenever said official finds any construction work being done contrary to the provisions of this Ordinance, said official may order the work stopped by serving notice in writing 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 such official to proceed with the work.

 

Sec. 1-101.      Requirements for building permit

 

Plans and Drawings: All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

 

            (a)        the actual shape and dimensions of the lot to be built upon;

 

            (b)        the exact sizes and locations on the lot of the buildings, roads, drives, parking areas, accessory buildings, waterways, major variations in grade and forested areas or major trees then existing;

 

            (c)        the lines within which the proposed buildings and structure, roads, drives, parking areas, buffer yards,  shall be erected or altered;

 

            (d)        the existing and intended use of each building or part of building;

 

            (e)        the number of families or dwelling units the building is designed to accommodate; and

 

            (f)         such other information with regard to the lot and neighboring lots as may be neces­sary to determine and provide for the enforcement of this Ordinance.

 

Permits and other fees: The Town Council has set the following fees for specific permits under the Land Use and Architectural Control Ordinance. All fees must be paid with the application before review by the Architectural Review Board, the Building Official or the Town Council.

 

Building Permit - $25.00 up to $25,000 in improvements based on turn-key bid by professional contract +1/10 of 1% of value of improvements over $25,000. Fee will be calculated based upon full cost of improvements planned. An applicant must initiate substantive aspects of the con­struction of the improvements noted in the Building Permit Application within one year (1) of the date the Building Permit is issued, or a new application for a Building Permit must be sub­mitted for those improvements.

 

Temporary or Partial Building Permit - Under certain circumstances, the Architectural Review Board may issue a Temporary (six month) or Partial (approving only certain aspects of an application) Building Permit. This permit will be limited in scope, and qualified in writing by the Architectural Review Board. Applicant may proceed with only the items approved, and must resubmit an additional application for any other improvements that are planned, but do not fall within the scope of the Temporary or Partial Building Permit. The fee basis will be the same as a building permit.

 

Contractor License - $25.00 for permit to operate within the Town limits from January 1 to December 31.

 

Temporary Occupancy Permit (Booth fee) - $10.00 per vendor - 30 day maximum time period. These permits are good for one event at one location only. Fees are the responsibility of the property owner. The fees are to be paid to the Town by the property owner within one week before each event. In addition to the fee, the owner must submit the Temporary Occupancy Permit Form.

 

If the Form and fees are not submitted within one week prior to the event, the Town will estimate the charge at $10 per estimated vendor plus a $200.00 fine. If this fee and fine is not paid within 30 days, then an additional $300.00 will be added to the fine, If still not paid within 60 days, an additional $500.00 will be added to the fine. The Town has the option of appropriate legal action.

 

The Town will perform spot checks during the event to insure accuracy of reporting. If the actual number of vendors at the venue exceeds the number on the submitted form, the property owner will be assessed the $10 Temporary Occupancy Permit fee for each additional vendor plus a $250.00 fine. If this fee and fine is not paid within 30 days, then an additional $500.00 will be added to the fine. The City has the option of appropriate legal action

 

Application for Variance, Special Application or Appeal - $100.00

 

Application for an Amendment to a Regulation - $100.00

 

Sec. 1-102.      Review of permit application

 

Inspection of plans shall be done in a timely manner and a determination made as to compliance with applicable provisions of this Ordinance prior to the issuance of a building permit.  One (1) copy of such plot plans shall be returned to the owner when such plans have been approved.  All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. Property owner or contractor shall schedule an inspec­tion of the staked area by the Building Official before construction is to begin.

 

Sec. 1-103.      Existing permits and private agreements

 

This Ordinance is not intended to abrogate or annul any permits issued before the effective date of this Ordinance or any easement, covenant, or any other private agreement.

 

Sec. 1-104.      Preserving rights in pending litigation and violations under existing ordi­nances

 

By adoption of this Ordinance or any amendment hereto no existing illegal use shall be deemed to have been legalized unless specifically such use falls within a district where the actual use is a conforming use. Otherwise such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time this Ordinance was adopted shall be discharged or affected by the adoption of this Ordinance; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted and causes presently pending proceeded with in all respects.

 

Sec. 1-105.      Certificates of occupancy

 

            (a)        Requirement for Certificate of Occupancy. Certificates of occupancy shall be required for any of the following:

 

                        (1)        Occupancy and use of a building hereafter erected or structurally altered;

 

                        (2)        Change in use of an existing building to a use of a different classification;

 

                        (3)        Occupancy and use of vacant land, except agricultural use;

 

                        (4)        Change in the use of land to a use of a different classification; or

 

                        (5)        Any change in the use of a nonconforming use.

 

            (b)        Procedure for new or altered buildings. Written application for a certificate of occu­pancy for a new building, or for an existing building which is to be altered, shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued upon written request to the Building Official within fifteen (15) working days after erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.

 

            (c)        Procedure for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, shall be made to the Building Official. If the proposed use is in confor­mity with the provisions of this Ordinance, the certificate of occupancy therefore shall be issued within fifteen (15) working days after the application for same has been made, or as soon thereafter as practicable.

 

            (d)        Contents. Every certificate of occupancy shall state that the building or the pro­posed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

 

            (e)        Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Official for a period not to exceed six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the Town relating to the use or occupancy of the premises or any other matter covered by this Ordinance.

 

Section 2.

 

Any person who shall violate any provision of this Ordinance shall be deemed guilty of a mis­demeanor and, upon conviction, shall be fined in an amount between the amount of $25.00 and $2,000.00.  Each day of violation shall constitute a separate offense.

 

Section 3.       

 

In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the Town Council of the Town of Round Top, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

 

 

PASSED, APPROVED, AND ADOPTED ON FIRST READING this 6th day of February, 2001.

 

PASSED, APPROVED, AND ADOPTED ON SECOND READING this 6th day of March, 2001.

 

PASSED, APPROVED, AND ADOPTED ON FINAL READING this 3rd day of April, 2001.

 

                                                                                    ___________________________________ 

                                                                                    David Nagel

                                                                                    Mayor

ATTEST:

__________________________________                                                               

Soyla Peden

Town Secretary

 

And as amended on April 3, 2001, July 7, 2001, March 1, 2005, June 7, 2005, July 5, 2005, March 6, 2006, March 5, 2007, April 2, 2007, July 2, 2007