City Of Star Harbor

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Ordinance 172 - October 14, 2019 The City of Star Harbor, Texas Building and Zoning Ordinance Ordinance 172 The Building and Zoning Committee convenes at 9:00 a.m. the first Tuesday of each month. Monthly meetings are held at the Star Harbor City Hall, 99 Sunset Boulevard, Malakoff, Texas. Meetings are open to the public. Star Harbor, Texas - Ordinance 172 1 of 125

Ordinance 172 - October 14, 2019 Contents Article I. TITLE . 6 Article II. AUTHORITY . 6 Article III. JURISDICTION . 6 Article IV. EFFECTIVE DATE . 6 Article V. RULES FOR CONSTRUCTION OF LANGUAGE. 6 Article VI. PREAMBLE . 7 Article VII. ENACTING CLAUSES . 8 Article VIII. PREVIOUS BUILDING & ZONING ORDINANCES: . 8 Article IX. ZONING DISRICTS . 9 Zoning Map: . 9 District Boundary Lines: . 9 Zoning Variances: . 10 Article X. USE OF LAND AND BUILDINGS . 10 Land & Building Uses: . 10 Single-Family District: . 10 City District: . 15 Article XI. THE BUILDING PERMIT PROCESS . 16 General: . 16 The Permit Application: . 18 Permit Duration & Renewals: . 20 Building Permit Modifications: . 21 The Completion:. 22 Records Management: . 22 Article XII. BUILDING & ZONING COMMITTEE . 23 Building & Zoning Committee Members: . 23 Building & Zoning Committee Rules: . 23 Building & Zoning Committee Duties & Responsibilities: . 25 Variance Authority Rules: . 25 Building & Zoning Committee’s Building Application Review Process: . 26 Building & Zoning Committee Actions After Issuing A Building Permit:. 27 Article XIII. BUILDING PERMIT FEES . 27 Star Harbor, Texas - Ordinance 172 2 of 125

Ordinance 172 - October 14, 2019 Building Permit Fee Schedule: . 27 Article XIV. AMENDMENTS & APPEALS . 28 Amendments: . 28 Appeals:. 28 Article XV. PENALTIES FOR VIOLATIONS . 29 Penalty Clause (Fines):. 29 Ordinance Violations: . 30 Article XVI. SEVERABILITY . 30 Article XVII. STRUCTURES, BUILDINGS & ACTIVITIES RELATED TO BUILDING & ZONING AUTHORITY . 30 General: . 30 Accessory Buildings:. 30 Boat Docks, Boat Lifts & Piers: . 34 Burning:. 35 Car & Boat Ports: . 35 Clearing of Lots: . 37 Culverts & Drainage: . 38 Decks: . 38 Decorations, Seasonal (Holiday & Special Events): . 40 Demolition, Deconstructing or Razing: . 40 Driveways & Sidewalks: . 42 Dwellings (Additions): . 44 Dwellings (New): . 48 Dwellings (Remodel/Renovation): . 56 Easements:. 56 Erosion Control: . 57 Fences:. 58 Fire Pits: . 60 Fireworks (Noise Abatement): See Section 17.28, Page 77. 61 Flag Poles: . 61 Garages, Detached:. 61 Gazebos & Pergolas: . 66 Greenhouses: . 67 Star Harbor, Texas - Ordinance 172 3 of 125

Ordinance 172 - October 14, 2019 Lawn Irrigation: . 69 Lawns & Landscape: . 71 Lot(s): . 72 Mail Boxes: . 77 Noise Abatement: . 77 Patios with or without Covers & Patio Covers or Pergolas: . 77 Play Houses & Tree Houses: . 80 Propane Tanks: . 80 Seawalls: . 81 Septic Tanks & Popup Valves:. 81 Signs: . 81 Solar Energy Systems: . 85 Streets & Roads: . 87 Swimming Pools and Pool Structures: . 88 Water Wells:. 91 Wood Racks: . 92 325 M.S.L. Property Line (Refer to Appendix E): . 93 Article XVIII. ORDINANCE 172 AUTHENTICATION. 95 APPENDIX A – BUILDING PERMIT FEE SCHEDULE . 96 APPENDIX B - DEFINITIONS: . 97 APPENDIX C - FORMS . 111 APPENDIX D – LIST OF STAR HARBOR ORDINANCES THAT MAY APPLY TO THIS ORDINANCE . 112 APPENDIX E – TRWD PERMIT GUIDELINES . 113 APPENDIX F - INDEX . 120 APPENDIX G – REVISIONS – OCTOBER 10, 2019 . 121 Star Harbor, Texas - Ordinance 172 4 of 125

Ordinance 172 - October 14, 2019 Every effort was made to ensure the contents of this ordinance are technically, grammatically and editorially correct. Corrections and/or changes identified by or to the Building & Zoning Committee will be corrected, modified, added or deleted in periodic amendments. Star Harbor, Texas - Ordinance 172 5 of 125

Ordinance 172 - October 14, 2019 1 Article I. TITLE 2 3 This Ordinance shall be known and may be cited as the "Building and Zoning Ordinance of the City of Star Harbor, Texas" referred to herein as "Ordinance or this Ordinance". 4 Article II. 5 6 This Ordinance is adopted pursuant to the authority conferred by Texas Statutes as most recently amended. 7 Article III. 8 This Ordinance shall be effective within the legal boundaries of the City of Star Harbor, Texas. 9 Article IV. AUTHORITY JURISDICTION EFFECTIVE DATE 10 11 12 The B&Z Ordinance was originally adopted and became effective on July 13, 1971. This Ordinance, which represents a comprehensive amendment of this Ordinance, shall take effect on October 14, 2019. 13 Article V. 14 15 16 17 For the administration and enforcement of this ordinance, and unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance. In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table or illustrative table, the text shall control. RULES FOR CONSTRUCTION OF LANGUAGE 18 The word “SHALL” is always mandatory and not discretionary. 19 The word “MAY” is permissive. 20 21 22 23 Words used in the present tense shall include the future, end words used in the singular number shall include the plural, and the plural phrase "USED FOR" includes "ARRANGED FOR", "DESIGNED FOR", "MAINTAINED FOR", "PROVIDED FOR" or" "OCCUPIED FOR". 24 25 The word "PERSON" includes an individual, an estate, a corporation, a partnership and unincorporated association or any other similar entity. 26 27 28 Unless the context clearly indicated the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "AND", "OR" or "EITHER OR", the conjunction shall be interpreted as follows: Star Harbor, Texas - Ordinance 172 6 of 125

Ordinance 172 - October 14, 2019 29 30 (i) The word "AND" indicates that all the connected items, conditions, provisions or events shall apply. 31 32 (ii) The word "OR" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. 33 34 (iii) "EITHER OR" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. 35 36 The word "INCLUDES" shall not limit a term to the specified examples but is intended to extend its meaning to all incidences or circumstances of like kind or character. 37 The word "BUILDING" includes the word "STRUCTURE". 38 The word "LOT" includes the words "PLOT" or "TRACT". 39 Article VI. PREAMBLE 40 41 42 43 44 45 46 The zoning districts and building regulations as herein established have been made for promoting the health, safety and general welfare of the City. They have been designed to lessen congestion; to secure safety from fire; and to facilitate the adequate provision of transportation, water, sewage, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for the uses and structures specified and with a view to conserving the value of structures and property and encouraging the most appropriate use of land throughout the City. 47 48 The City of Star Harbor adopts and complies with all State of Texas and Federal laws, codes, rules and regulations that pertain to Type B Municipalities. 49 50 51 52 The intent of this ordinance will be: 53 54 To protect Texas home owner’s property rights, demonstrate equal protection statutes, and show a legitimate regulatory purpose. 55 56 57 No person, estate, firm or corporation shall erect or construct any building, residence or other structure, on any lot or and within any zoning district of the City of Star Harbor without first applying for and obtaining a building permit from the B&Z Committee. Star Harbor, Texas - Ordinance 172 7 of 125

Ordinance 172 - October 14, 2019 58 59 60 Builders and Home Owners assume full responsibility to ensure that all new dwellings, dwelling additions, remodels and renovated dwellings comply with the State of Texas and Federal construction laws, codes, rules and regulations that pertain to Type B municipalities. 61 62 63 64 65 Property owners, estates, firms and corporations will defend, indemnify and hold harmless the City of Star Harbor against and in respect of any obligation, liability (excluding any exemplary damages) or expense (including court costs and reasonable attorney’s fees) incurred by the City as a result of any claim or action brought against the City arising out of any provision of this ordinance. 66 67 68 69 70 Any discussions, statements or opinions given by City of Star Harbor agents, employees, committee members and assignees in relation to this or other City ordinances outside of a formal scheduled City or Committee meeting, unless directed to do so by the appropriate committee, are not binding and may not be used to constitute approval of or denial of any request outside the defined processes outlined in this document. 71 Article VII. ENACTING CLAUSES 72 73 74 75 WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Star Harbor to establish zoning districts within the City for regulating the use of land and the building of structures thereon to the end that congestion may be lessened, the public health, safety, convenience and general welfare promoted; and, 76 77 WHEREAS, the B&Z Committee did present to the Council the revised Zoning & Building Ordinance in final form recommending its adoption; and, 78 79 WHEREAS, the City Council did review the revised zoning ordinance and did hold a City Council meeting on October 14, 2019, and adopted this revised Ordinance; 80 81 NOW THEREFORE, be it ordained by the City Council of the city of Star Harbor, Henderson County, Texas. 82 Article VIII. PREVIOUS BUILDING & ZONING ORDINANCES: 83 84 85 That Ordinances Number 169 of the City of Star Harbor, known as the B&Z Ordinances, together with all previous zoning and building ordinances, amendments and/or addendums thereto are hereby null and void in their entirety by this B&Z Ordinance. 86 87 88 89 The provisions of this ordinance are intended to support and supplement previous city ordinances providing specific regulation for land and building uses and are not intended to conflict with previous ordinances. However, if such a conflict does arise between the provisions of this ordinance and those of previous ordinances, the provisions of this ordinance shall control. 90 91 92 93 A lot to include any and all structures on the lot that is/are not in compliance with the requirements of this Ordinance may be permitted to remain provided the lot and any and all structures on the lot are properly maintained in condition and appearance. The B&Z Committee may require a property owner to bring a lot and any and all structures on the lot into compliance Star Harbor, Texas - Ordinance 172 8 of 125

Ordinance 172 - October 14, 2019 94 95 with the requirements of this Ordinance. Such requirement shall be approved by all B&Z Committee voting members in attendance at a regularly scheduled meeting. 96 Article IX. 97 98 99 100 101 102 ZONING DISRICTS The basic purpose and function of zoning is to divide a municipality into districts (or zones) based on their intended use and that are for the most part separate from one another, with the use of property within each district being reasonably uniform. A single-family dwelling for example cannot be constructed in a zone designated for city use without the City Council first rezoning that part to a residential zone. The City of Star Harbor has designated the zones within the legal boundary of City. 103 ZONING DISTRICT NAME 104 Single-Family District RD 105 City District CD 106 ABBREVIATION Zoning Map: 107 108 109 The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the City of Star Harbor, said map being a part of this ordinance as fully as if the same were set forth herein in detail. 110 111 112 One original, official, and identical copy of the zoning district map hereby adopted, bearing the signature of the mayor and the attestation of the city secretary shall be filed and maintained as follows: 113 114 115 The copy shall be filed with the city secretary and retained as the original record. Any additions or corrections to the official zoning map shall be signed and dated by the Mayor of Star Harbor, Texas. 116 117 Reproductions for information purposes may, from time to time, be made of the official zoning district maps. 118 119 120 121 District Boundary Lines: The district boundary lines shown on the zoning district maps are usually along streets, property lines, or extensions thereof. When uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: 122 123 Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines. 124 125 Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. Star Harbor, Texas - Ordinance 172 9 of 125

Ordinance 172 - October 14, 2019 126 127 Boundaries indicated as approximately following city limits shall be construed as following city limits. 128 129 130 131 132 Boundaries indicated as approximately following lake or inlet shore line shall be construed as following the 325 Mean Sea Level elevation markers as located in the original plat of the Star Harbor development. The 325-foot M.S.L. line is shown as a property line on the individual lot plots and is approximately the 325-foot M.S.L. elevation. Zoning Variances: 133 134 135 136 137 138 Where physical features of the ground or water areas are at variance with information shown on the official zoning district map, or when a question arises as to how or whether a parcel of property is zoned, the property shall be considered as classified temporarily as CD, City District, and the issuance of building permits and determination of permanent zoning classification shall be in accordance with the provision in the Article for temporarily zoned areas. 139 Article X. 140 USE OF LAND AND BUILDINGS Land & Building Uses: 141 142 143 144 145 146 Land and structures in each of the defined zoning districts may be used for the specified purposes and in accordance with the regulations and building permits specified herein, provided also that no land shall hereafter be used and no building or structure shall hereafter be erected, altered, converted, used or occupied which is arranged, designed or used for other than those uses specified for the zoning district in which it is located as set forth by the following schedule of uses and regulations. 147 148 149 150 151 This Ordinance Number 169 approved by the Star Harbor City Council on October 14, 2019 pertains to building permits and other actions that are requested from this approval date. Structures approved by prior revisions to this ordinance are grandfathered. However, structures approved prior to this new ordinance that may be replaced, enlarged or otherwise significantly modified will be held to this present ordinance. 152 Single-Family District: 153 154 155 Land in the Single-Family District shall be used exclusively for single-family dwellings, subject to the following requirements designed to create and preserve the residential nature and character of the district. 156 157 Only one new single-family dwelling shall be erected, used or permitted to remain on any residential lot or combined lots within the Single-Family District. Star Harbor, Texas - Ordinance 172 10 of 125

Ordinance 172 - October 14, 2019 158 159 160 161 162 163 164 165 166 167 Multiple, adjacent lots, or a lot plus a portion of an adjoining lot, that have common ownership and are listed as a common unit on the Tax Rolls of the City of Star Harbor may be used and occupied as if they were one lot. If the lots have not been previously combined on the Tax Rolls, before a building permit shall be considered, the property owner shall have verified by the Henderson County Appraisal District that the property owner has requested the combination of such lots for other than tax purposes. Such lots may be combined in area and be treated as a single lot on which one single-family dwelling may be erected, provided that all other standards of residential land use and structures are met. These lots shall not be separated at a future time unless all structures thereon shall comply with all set back lines and all other requirements of this Ordinance. 168 169 170 171 Easements for the installation and maintenance of utilities and drainage facilities in the Single-Family District are reserved across the front five feet (5’) and the rear six feet (6’) for the full width of each lot and for five feet (5’) on the sides for the full depth of each lot. Easements are measured from the property line outward or away from the lot. 172 173 174 EXCEPTION: Waterfront lots have no easements along the back 325-foot line or water line. However, permission to build in these areas must be received from the Tarrant Regional Water District. (See Table 1, below). 175 176 A setback is the minimum distance which a building or other structure must be set back from the property or lot line. 177 Table 1 Easement and Setback Distances LOT TYPE LAKE LOT OFF LAKE LOT EASEMENT FRONT SIDE 5’ 5’ 5’ 5’ BACK 0’ 6’ FRONT 30’ 30’ SETBACK SIDE 7’ 7’ BACK 7’ 7’ 178 179 180 181 182 Except as provided in sub-paragraphs below, no bus, travel trailer, motor home or other similar vehicle shall be stored on any lot within the Single-Family District at any time unless the same is always housed in a completely enclosed garage built in accordance with the terms of this ordinance; 183 184 185 186 (i) Limited overnight accommodation of visitors arriving in motor coaches or recreational vehicles may be permitted for no more than five days. No bus, travel trailer, motor coach or simi1ar vehicle may be parked on the pavement of a public street at any time; 187 188 189 (ii) A personal recreational vehicle may be parked temporarily, for no more than five days, on the off-street parking spaces of a residential property for maintenance or preparation for trips. Star Harbor, Texas - Ordinance 172 11 of 125

Ordinance 172 - October 14, 2019 190 191 192 193 No tent, shed, barn, shack, vehicle, detached garage, accessory building or boat house shall be used as permanent residence, living or sleeping quarters on any lot within the Single-Family District at any time; 194 195 196 197 198 All sewage disposal systems in the City of Star Harbor shall be designed, located, constructed, equipped and maintained in accordance with standards, requirements and specifications as required and recommended by the Texas State Health Department and adopted and approved by the City of Star Harbor. (Reference Star Harbor Ordinance 160.) 199 200 Roof gutters shall not be connected to any part of Star Harbor's sanitary sewer system, nor shall surface water be allowed to infiltrate the system. 201 202 203 Sanitary Sewer system plans shall be approved and signed by a designated City of Star Harbor Operations representative prior to a building permit being issued by the B&Z Committee. 204 205 206 207 208 209 210 211 212 The Star Harbor Utility Department does not maintain information on the location or condition of septic tanks on residential lots nor is the Utility Department responsible for maintaining septic tanks. The Utility Department is solely responsible for replacing a malfunctioning grey water sump pump for which property owners are billed all cost. All septic tanks must be readily accessible. Should a pump require replacement it is the property owner’s responsibility to provide the Utility Department with the exact location of the grey water tank on their lot. If a tank is covered by a patio or other structure it is the property owner’s responsibility to arrange for the obstruction over the tank to be removed. 213 214 215 No outdoor toilet shall be erected, placed or permitted to remain on any lot except during construction. Property owner shall provide portable commercial toilets and suitable construction trash containers only for the duration of the construction project. 216 217 Portable toilets and trash containers shall be removed prior to the issuance of Certificate of Occupancy or Certificate of Completion by the B&Z Committee. 218 219 220 Storage and use of flammable 1iquids, gases and materials within the Single-Family District shall be limited to quantities needed for normal household or maintenance uses. Safety precautions against fire or explosive hazards shall be observed. 221 222 No noxious, offensive, or hazardous activity or condition which is likely to or does create a nuisance, hazard, or environmental problem shall be permitted. Star Harbor, Texas - Ordinance 172 12 of 125

Ordinance 172 - October 14, 2019 223 224 225 226 No lot in the Single-Family District shall be used or maintained as a dumping ground for garbage or other refuse. Trash, garbage and other refuse shall be kept in closed, sanitary containers pending disposal. Incinerators, cans and other equipment for storing and disposal of such materials shall be kept in a clean and sanitary condition. 227 228 229 230 231 The owner of each lot in the Single-Family District is responsible for maintaining such lot in a condition in keeping with the appearance of other property in the neighborhood and community, including but not limited to, free from high weeds, brush, invasive vegetation, dirt or sand piles, building materials, asphalt, crushed rock or stone and other debris. 232 233 234 235 No vacant lot within the Single-Family District shall be used for the open storage of vehicles, machinery, power equipment or accessories, boats, boat trailers, utility trailers, recreational vehicles, recreational trailers, or other recreational equipment, construction materials, or other materials. 236 237 238 239 No operable, inoperable, unlicensed, or junk vehicles, machinery, power equipment or accessori

Ordinance 172 - October 14, 2019 Star Harbor, Texas - Ordinance 172 6 of 125 1 Article I. TITLE 2 This Ordinance shall be known and may be cited as the "Building and Zoning Ordinance of the 3 City of Star Harbor, Texas" referred to herein as "Ordinance or this Ordinance". 4 Article II. AUTHORITY 5 This Ordinance is adopted pursuant to the authority conferred by Texas Statutes as most recently

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