City of Gunter - General Requirements

Agricultural Activity in Non-Agriculture Districts

A. The following uses shall be allowed in non-agriculture districts if the requirements of subsection B., below, are all met: cultivating the soil, producing crops for human food, animal feed, or planting seed or for the production of fibers; floriculture, viticulture, and horticulture; planting cover crops or leaving land idle for the purpose of participating in a governmental program, provided the land is not used for residential purposes or a purpose inconsistent with agricultural use; and planting cover crops or leaving land idle in conjunction with normal crop rotation procedure.

B. The uses in subsection A. above shall be allowed in non-agricultural districts provided:

1. The property shall be at least 10 acres in total area and may incorporate multiple adjacent tracts to meet the minimum area required; and
2. The allowed uses that grow greater than 12 inches shall not occur within 15 feet from any portion of the property line.

Dumpsters and Dumpster Enclosures

A. Intent.

The intent of this section is to establish rules for enclosed dumpster areas in order to:

1. Prevent accumulations of garage [garbage] and rubbish from spreading throughout the City and endangering the health of citizens.
2. Contain obnoxious odors.
3. Enhance the aesthetic appearance of the community.

B. Screening requirements for existing dumpsters.
This subsection is intended to regulate dumpsters placed within the City on or before August 25, 2014.

1. Existing dumpsters which, in the judgment of the Code Enforcement Officer, meet the intent of this section shall be exempt from the specific requirements herein.
2. Existing dumpsters which, in the judgment of the Code Enforcement Officers, do not meet the intent of this subsection shall either remove the dumpster or cause the following improvements to be made on or before October 1, 2016;

a) Installation of any screening needed to prevent the dumpster from being seen from:

i. a City street or other ROW; or
ii. a residence (regardless of zoning).

b) Installation of screening to prevent the scattering of trash and debris.
c) All dumpster enclosures shall be placed on a concrete pad with a concrete apron, with such concrete apron and pad meeting strength standards for fire lines.

Screening must be solid and opaque and may be constructed of wood or masonry on at least 3 sides. The fourth side may be chain-link or tubuar steel if it is a gate.

3. Any person aggrieved by a decision of the Code Enforcement Officer under this section may appeal the same to the Board of Adjustments in accordance with § 36: ZONING BOARD OF ADJUSTMENT.

C. Screening requirements for new dumpsters.

All dumpsters placed within the City on or after August 25, 2014 shall meet the following requirements:

1. All properties that utilize a dumpster shall also provide an enclosed dumpster area.
2. All dumpster enclosures shall be located behind the front building line or behind the front corner of the primary structure, whichever is the greater distance from the front property line. If the topography or other conditions will not allow the dumpster enclosure to meet this requirement, a site plan shall be required and the Planning and Zoning Commission shall designate an appropriate location on the site plan.
3. Dumpsters shall be surrounded by an opaque enclosure that is masonry and compatible with the design and color of the principal building. Chain-link fence shall not be permitted as an enclosure except that a gate on one side may be chain-link or tubular steel.
4. Dumpster enclosures shall have a minimum height of 6 feet if the dumpster is 4 feet or shorter. If the dumpster is taller than 4 feet, the enclosure shall be 2 feet taller in height than the dumpster.
5. All dumpster enclosures shall be placed on a concrete pad with a concrete apron, with such concrete apron and pad meeting strength standards for fire lines.
6. Dumpster enclosures shall not be located on any required parking spaces.
7. Dumpster enclosures shall not be located any closer than 4 feet to a lot line.
8. Dumpster enclosures shall not be located within any required buffers or easements.

Exemptions for Buildings

The prohibitions in section § 14.03.002: Prohibitions on enforcement do not apply to the following buildings, and the officials responsible for enforcement of the city's zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.

(1) A building located in a place or area designated for its historical, cultural, or architectural importance and significance by the city which were adopted by the city council prior to April 1, 2019;
(2) A building located in a zoning district designated by the city council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by section § 14.03.002: Prohibitions on enforcement, including the following zoning districts and any district that may hereafter be created by the city council for its historical, cultural, or architectural importance and significance;
(3) A building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under section 211.003(b), Texas Local Government Code, if the municipality:

(A) Is a certified local government under the National Historic Preservation Act (54 U.S.C. section 300101 et seq.); or
(B) Has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission;

(4) A building located in an area designated as a historic district on the National Register of Historic Places;
(5) A building designated as a Recorded Texas Historic Landmark;
(6) A building designated as a state archeological landmark or state antiquities landmark;
(7) A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;
(8) A building located in a World Heritage Buffer Zone; and
(9) A building located in an area designated for development, restoration, or preservation in a main street city under the main street program established under section 442.014, Texas Government Code.

Fencing

Purpose:
To encourage the most appropriate use of land while protecting the privacy and value of adjacent property and to provide for public safety.

Screening of non-residential and multifamily development.

(a) When multifamily and/or non-residential uses side or back upon a single-family or residential planned development district or when a non-residential district sides or backs upon a multifamily district, a solid masonry wall of not less than eight feet (8') shall be erected in conjunction with landscaping elements on the property line separating the districts.

(1) The owner of the multifamily property shall build and maintain the required wall on the property line dividing the property from the single-family residential district.
(2) When screening is required between non-residential and residential uses, the owner of the non-residential property shall build and maintain the screening wall.

(b) In non-residential and multifamily zoning districts no wall shall be erected in any front yard or side yard that is adjacent to a public street unless the wall is required to screen the development from an adjacent residential area. The wall shall be finished on both sides in a manner and color that is compatible to the exterior finish of the non-residential or multifamily building(s). Screening fences or walls shall be placed such that they do not impede visibility for vehicles entering or exiting the non-residential or multifamily development.
(c) All walls require permits.
(d) Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

(1) At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions;
(2) At an intersection with an alley, this clearance must be maintained for ten feet (10');
(3) Shrubs and hedges that are typically less than 30 inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all districts;
(4) A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.

(e) In districts permitting open storage, screening shall be required for those areas used for open storage. Open storage of materials, commodities or equipment shall be screened with a minimum six foot (6') fence or wall and shall not be visible from the street or adjacent property. Screening of the area shall be by one or a combination of the following methods:

(1) Solid masonry consisting of rock, stone or other material that is equivalent, visually and qualitatively.
(2) Wrought iron in conjunction with solid landscape screening;
(3) No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') shall require a conditional use permit.
(4) Alternate equivalent screening must be approved by the city manager or his/her designee.

(f) Refuse storage areas that are not within a screened rear service area and that are visible from a public right-of-way shall be visually screened by a solid masonry wall on at least three sides and comprised of materials and colors that match the main structure. The wall shall be of an appropriate height to completely screen the refuse storage areas from view based on the height of the needed storage bin. The fourth side, which is to be used for garbage pickup service, shall provide a solid metal gate to secure the refuse storage area. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Reinforced concrete paved areas shall be provided for refuse facilities and their approaches for loading and unloading.
(g) Screening walls shall be constructed of masonry, reinforced concrete or other similar suitable materials that do not contain openings. All wall openings shall be equipped with gates equal in height and screening characteristics to the wall itself.

Fences in residential areas.

(a) Location and height requirements:

(1) Any fence or wall located in a residential district shall not exceed eight feet (8') in height.
(2) Except as provided herein, no fence or wall shall be permitted within the required front yard of any single-family residential lot that is adjacent to a public street. No residential fence shall be closer that fifteen feet (15') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area.

(b) Any residential fence shall be constructed of masonry, wrought iron, wood, or other suitable permanent materials, except as provided in subsection 27.8.3(c).
(c) Barbed wire, electrical and/or chainlink fencing is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.
(d) Gates designed for vehicular access shall be set back from the front property line a minimum of twenty-five feet (25')[.]
(e) Swimming pools shall be enclosed with a fence of not less than four feet (4') height constructed of masonry, wrought iron, wood, or other suitable permanent material.
(f) Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

(1) At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions;
(2) At an intersection with an alley, this clearance must be maintained for ten feet (10');
(3) Shrubs and hedges that are typically less than 30 inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all districts;
(4) A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.

(g) Special purpose fencing, such as fencing around tennis courts, is permitted upon written approval of the city manager or his/her designee.

Mechanical screening required.

See § 278.4 for detailed information.

Wooden fence standards.

See § 278.5 for detailed information.

Nonconforming Uses and Structures

Uses in Existence at Time of Adoption of Ordinance.
A nonconforming status shall exist when a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the Zoning Ordinance.

Expansion of Nonconforming Use Prohibited.
No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the City Council. However, an accumulative 10% increase in structure can be achieved on the same lot if approved the City Council.

Repairs/Normal Maintenance on Nonconforming Uses Permitted.
Repairs and normal maintenance may be made to a nonconforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

Change of Nonconforming to Conforming Use.
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

Abandonment/Discontinuation of Nonconforming Use.
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of six (6) months shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned.

Accidental Destruction of Nonconforming Use.
If a nonconforming structure other than a residential structure or a structure occupied by a nonconforming use is destroyed by fire, act of God or other cause, it may not be rebuilt except to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding sixty percent (60%) of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the City Council, but the size and function of the nonconforming use shall not be expanded. However, a residential structure (other than a Manufactured house) existing on a tract when this ordinance was adopted can be rebuilt if partially or totally destroyed, or remodeled and expanded.

Replacement of Nonconforming HUD-Code Manufactured Home.
A nonconforming HUD-Code manufactured home or mobile home may not be exchanged or replaced by another HUD-Code manufactured home or mobile home.

Nonconforming structures.
All buildings that are Nonconforming and are being converted to a new conforming use shall meet all adopted building codes prior to issuance of a Certificate of Occupancy.

Permitted nonconforming structure.
Temporary food vendors shall be permitted to sell edible goods from nonconforming structures, such as a vendor trailer or portable building, provided that the temporary food vendor complies with all other provisions of the Zoning Ordinance for the City of Gunter.

One Main Building on a Lot or Tract

Only one main building for one-family or two-family use with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum width of thirty-one (31) feet and a fifty (50) foot right-of-way. Where a lot is used for retail and dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. Whenever two or more main buildings or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the City Council. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

Parking for the Disabled

Required parking spaces for the disabled shall be provided for all uses in accordance with Table § 29.15.3 and Table § 29.15.4, "Required Parking for the Disabled." Such spaces must be not less than 96" wide with an adjacent aisle or clear space of at least 60" wide. One in every eight wheelchair accessible spaces, not less than one, shall be served by an access aisle a minimum 96 inches wide and shall be designated "van accessible." A common aisle between two spaces may be shared. All such spaces shall be striped and designated by signs legibly stating that such parking space or spaces are restricted to use only by the disabled. Each such sign must display a profile of a wheelchair with occupant and be placed so that it will not be obscured by parked vehicles. The signs shall conform to the standard size, weight, and length as set forth in the Texas Manual on Uniform Traffic Control Devices. Such parking spaces shall be located as near as possible to an access ramp, and such spaces shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles.

The owner of private property open to the public for parking purposes shall designate specific parking spaces for the disabled in conformance with the rules promulgated by the State Purchasing and General Services Commission as modified and/or supplemented by the provisions, if any, of this City Zoning Ordinance.

Parking Requirements

Off-Street Parking Provisions

Required off-street parking shall be provided on the same site as the use it serves.

Parking lots and driveways shall have a concrete paving surface, except under the following conditions:

Existing asphalt paving surfaces (hot mix asphaltic concrete or an oil/chat [sic] mix) may be retained and utilized.
Existing asphalt paving surfaces must meet all city regulations regarding pavement condition, surface width, parking requirements, connection to city street(s), handicap/disability requirements and other city regulations.

No parking structure, including garages, carports, or similar structures, shall be located within the required front, side, or rear yards of a lot or tract (Exception: Ten (10) feet from your property line where paved alleys are provided by developer).

Temporary food vendor trailers, portable buildings, or other nonconforming structures must be located on a concrete or asphalt surface, and have at least three (3) off-street customer vehicle parking spaces. The spaces may be in an existing parking lot, provided that the owner of the parking lot grants permission for the temporary food vendor to use the parking spaces.

Size of Space

Each standard off-street surface parking space shall measure not less than ten (10) feet by twenty (20) feet, exclusive of access drives and aisles, and shall be of usable shape and condition. Where it is possible for a vehicle to overhang the front of a parking space above a paved, stoned, mulched, or grassed area other than a sidewalk, street, right-of-way, or adjacent property, the length of the standard space may be reduced to eighteen (18) feet.

Each small car off-street parking space shall measure not less than nine (9) feet by sixteen (16) feet, exclusive of access drives and aisles, and shall be of usable shape and condition. Where it is possible for a vehicle to overhang the front of a parking space above a paved, stoned, mulched, or grassed area other than a sidewalk, street right-of-way or adjacent property, the length of the small car space may be reduced to fifteen (15) feet. All small car parking spaces shall be grouped and located in specific areas so as not to be scattered throughout a parking lot.

A maximum of fifty percent (50%) of the required parking for a general office or light manufacturing plant may be permitted as small car spaces upon approval of a site plan but only when both of the following conditions are met:

Signage will identify the small car spaces; and
The entire grounds and building served by the small car spaces are occupied and controlled by one tenant who shall be responsible for policing the use of the small car spaces.

Each parking space (on-street or off-street) designed for parallel parking shall have a minimum dimension of eight (8) feet by twenty-two (22) feet.
Each standard parking space located in a parking garage shall measure not less than nine (9) feet by twenty (20) feet, exclusive of access drives or aisles.

Commercial driveway width shall be a minimum of 30' wide with a minimum thickness of six (6) inch of concrete.

Parking Area Standards

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties. For safety and firefighting purposes, free access through to adjacent parking areas shall be provided where practical.

Except for single-family and duplex uses, parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

Off-Street Parking Incidental to Main Use

Off-street parking shall be provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or in accordance with § 29.9 and located within the same zoning district as the main use.

Schedule of Parking Requirements Based on Use

See § 29.6 and § 29.7 for detailed information on parking requirements.

Rules for Computing Number of Parking Spaces

See § 29.8 for detailed information.

Location of Parking Spaces

See § 29.9 for detailed information.

Use of Parking Spaces - All Districts

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, [or] products for sale.

Special Off-Street Parking Regulations

See § 29.11 for detailed information.

Design Standards For Parking Structures

In all districts, above-grade parking structures shall conform to height restrictions for zoning districts in which they are located.
The distance from parking structure entry and exit points to a corner of a street intersection shall conform to standards contained in the Subdivision Ordinance.
Ramps shall not be constructed with slopes exceeding eleven percent (11%) and single lane entrances shall not be less than twelve (12) feet wide at the street.
A minimum of one (1) car length shall be provided between an exit control gate and the inside edge of a sidewalk to minimize conflicts between exiting cars and pedestrians.
Parking structure facades shall be left fifty percent (50%) open and interior light levels shall be maintained at ten (10) footcandles to enhance security and safety. All parking structure lighting shall be designed so as not to reflect or shine on adjacent properties.
Full enclosure of any level of a parking structure may be permitted only if such structure is fully sprinklered and mechanically ventilated.

Off-Street Loading

See § 29.13 for detailed information

Prohibited Plants List for Landscaping

See Prohibited Plant List for a complete list of plants not to be used to in order to fulfill the planting requirements of this ordinance.

Sale of Alcoholic Beverages

This section shall not apply when the storage or serving of alcoholic beverages is strictly for the consumption of the owners of the premises and their guests at no charge. Otherwise, the storage, possession, or sale of alcoholic beverages by anyone for consumption by anyone shall be illegal unless on property zoned specifically for that purpose.

The storage, possession, or sale of any alcoholic beverage, when permitted by the laws of this state, shall be regulated and governed as provided herein and in other applicable ordinances of the city.

No person shall engage in the business of storing, selling, or possessing any alcoholic beverage in the city unless the place of business of such person is located in the use district of the city in which the storing, selling, or possessing of such alcoholic beverage is permitted and in accordance with all City ordinances and regulations.

It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages, either for on-premise or off-premise consumption, to sell alcoholic beverages within three hundred (300) feet of any church or public hospital. The measurement of the distance between the alcoholic beverage store and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within three hundred (300) feet of any public or private school. The sale of alcoholic beverages is also prohibited within one thousand (1,000) feet of a private school if the City Council adopts by resolution a request for the one thousand (1,000) foot separation from the governing body of a private school. The measurement of the distance between the place of business and the public or private school shall be:

(1) in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(2) if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

If a restaurant receives seventy-five (75) percent or more of its gross revenue on a quarterly basis from the sale of alcoholic beverages for on-premise consumption, the use will no longer qualify, or initially qualify, to be classified as a restaurant and will be classified and regulated by the City as an Alcoholic Beverage Establishment.

Notwithstanding any other provision in this ordinance, it shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell beer in any residentially zoned area.

(a) This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate.
(b) Except as provided by this subsection, the provisions of § 279.5 of this Code relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Texas Human Resources Code.
(c) This section does not apply to a permit or license holder who sells alcoholic beverages if:

(1) the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or
(2) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.

(d) This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Section 42.002, Texas Human Resources Code.

Stacking Requirements for Drive-Through Facilities

A stacking space shall be an area on a site measuring eight (8) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces (from the right-of-way line).

For each service window of a drive-through restaurant, a minimum of seven (7) stacking spaces (from the right-of-way line) shall be provided.

For kiosks, a minimum of two (2) stacking spaces (from the right-of-way) for each service window shall be provided.

City of Gunter, TX

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