06-09-12-Ordinance-Amending the Zoning Ordinance Section 18 and Section 19 Multi-Family Districts-06/04/2012ORDINANCE #06-09-12
AN ORDINANCE OF THE CITY OF SANGER, DENT"IN COUNTY, TEXAS,
AMENDING SECTION 18 AND SECTION 19 OF THE CITY OF SANGER ZONING
ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 18 and Section 19 of the City of Sanger Zoning Ordinance include
development standards in need of update and revisions;
WHEREAS, the Planning &Zoning Commission has recommended approval of various
amendments to these development standards; and
WHEREAS, the City Council has conducted a public hearing to consider amending these
sections of the City of Sanger Zoning Ordinance;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS:
Section 1 Sections 18 and 19 of the City of Sanger Zoning Ordinance are hereby
amended to read as follows:
SECTION 18 "MF-1" MULTI -FAMILY RESIDENTIAL DISTRICT-1
General Purpose and Description: The "MF-1" Multi -Family Residential District is
intended to provide for medium density residential development not to exceed ten (10)
units per acre. This district functions as a buffer or transition between major streets,
nonresidential areas or higher density residential areas and lower density residential
areas. Density in this district is not to exceed ten (10) units per acre.
18.1 Use Regulations: A building or premise in the MF-1 district shall be used only
for the following purposes:
l . Three (3) or more single family attached dwelling units, provided that no more
than seven (7) dtivelling units are attached in one continuous row or group and
provided that no dwelling unit is constructed above another unit.
2. Multi -family dwelling.
3. Other uses as listed in Section 30 of this ordinance.
The following specific uses shall be permitted in a NIF-1 district when granted in
accordance with Section 31:
1. Uses listed in Section 30 of this ordinance.
18.2 Height Regulations: No building shall exceed thirty-five (35) feet.
18.3 Area Regulations:
1. Size of Yards:
c.
2.
a. Front Yard: There shall be a front yard having a required depth of not less
than twenty-five (25) feet as measured from the out property line.
b. Side Yard: There shall be a side yard on each side of a continuous row. or
group of dwellings of not less than ten (10) feet. There shall be ten (10) feet
separation between buildings without openings and fifteen (15) feet between
buildings with openings. A side yard adjacent to a side street shall not be less
than twenty (20) feet. No side yard for allowable non-residential uses shall be
less than twenty-five (25) feet. If a side yard adjacent to a single family zoning
district there shall be a total of sixty (60) feet setback from the adjacent
building line for buildings in excess of one (1) story in height.
Rear Yard: There shall be a rear yard with a depth of not less than twenty (20)
feet.
Size of Lot:
a. Lot Area: No building shall be constructed on any lot less than two thousand
eight hundred eighty (2,880) square feet, or equivalent thereof, per dwelling
unit, not to exceed ten (10) units per gross acre.
b. Lot Width: The width of a lot shall be not less than twenty-four (24) feet at
any point for a single family attached unit and eighty (80) feet as measured
along the front building line for a multifamily unit.
c. Lot Depth: The depth of the lot shall be not less than one hundred twenty
(120) feet at any point.
3. Minimum Dwelling Size: The minimum size of a family attached dwelling unit
shall be nine hundred (900) square feet, exclusive of garages, breezeways and
porches. The minimum floor area ofmulti-family units shall be seven hundred
fifty (750) square feet per unit.
4. Lot Coverage: In no case shall more than forty percent (400/) of the total lot area
be covered by the combined area of the main buildings and accessory buildings.
18.4 Parking Regulations: The number of parking spaces required shall be based on
the following:
® Two (2) bedroom units equal one and three-quarters (1 1/4) spaces per unit.
® Three (3) bedroom units equal two (2) spaces per unit.
• Required parking may not be provided%within the required front yard.
• Off-street parking spaces shall be provided in accordance with the requirements set
forth in Section 32.
18.5 Refuse Facilities: Every dwelling unit in a multi -family complex shall be
located within two hundred fifty (250) feet of a refuse facility, measured along the
designated pedestrian and vehicular travel way. There shall be available at all times at
least six (6) cubic yards of refuse container per thirty (30) multi -family dwelling units.
For complexes with less than thirty (30) units, no less than four (4) cubic yards of
refuse container shall be provided, three sides from persons standing at ground level
on the site or immediately adjoining property, by an opaque fence or wall of wood or
masonry not less than six (6) feet nor more than eight (8) feet in height or by an
enclosure within a building. Refuse containers shall be provided and maintained in a
manner to satisfy city public health and sanitary regulations. Each refuse facility shall
be located so as to provide safe and convenient pickup by refuse collection agencies.
18.6 Border fencing of wood or masonry, not less than six (6) feet in height shall be
installed by the builder at the time of construction of any multi -family complex, along
the property line on any perimeter not abutting a public street or right -of --way. This
fence shall be maintained throughout the existence of the multi -family unit by the
owner of the unit.
18.7 Each residential unit in amulti-family dwelling shall be provided with at least
two (2) paths of egress to a place of safety in the event of fire or other emergency.
SECTION 19 "MF-2" MULTI -FAMILY RESIDENTIAL DISTRICT-2
General Purpose and Description: The MF-2 Multiple Family Dwelling District is a
residential attached district intended to provide for the highest residential density not
to exceed twenty (20) units per acre. The district is usually located adjacent to a major
street and serves as a buffer or transition between retail/commercial development or
heavy automobile traffic and medium or low density residential development. The
number of efficiency units shall not exceed twenty-five percent (25%) of the total
number of units of a multi -family development.
19.1 Use Regulations: A building or premise in the NIF-2 district shall be used only
for the following puzposes:
1. Multi -family dwelling (apartment building).
2. Other uses as listed in Section 30 of this ordinance.
The following specific uses shall be permitted in an MF-2 district, when granted in
accordance with Section 31:
l . Uses listed in Section 30 of this ordinance.
19.2 Height Regulations: No building shall exceed thirty-five (35) feet.
19.3 Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard having a required depth of not less
than twenty-five (25) feet as from the front property line. Accessory buildings
shall be located not less than sixty (60) feet from the front property line.
b. Side Yard: There shall be a side yard on each side of the lot having a width of
not less than ten (10) feet. There shall be ten (10) feet separation between
buildings without openings (windows) and fifteen (15) feet between buildings
with openings. A side yard adjacent to a side street shall not be less than
twenty (20) feet. No side yard for allowable non-residential uses shall be less
than twenty-five (25) feet. If a side yard is adjacent to a single family zoning
district then paragraph "d" shall apply.
c. Rear Yard: There shall be a rear yard with a depth of not less than twenty (20)
feet.
d. There shall be a total of sixty (60) feet setback from the adjacent building line
for buildings in excess of one (1) story in height when an MF-2 district is
adjacent to a district zoned for single family use.
2. Size of Lot:
a. Lot Area: Front lot shall have a minimum two thousand two hundred fifty
(2250) square feet per dwelling unit, not to exceed twenty (20) units per gross
acre.
b. Lot Width: The width of a lot shall not be less than eighty (80) feet as
measured along the front building line.
c. Lot Depth: The average depth of the lot shall not be less than one hundred
fifty (150) feet.
3. Minimum Dwelling Size: The minimum living area for multi -family dwelling
units shall be as follows:
a. Efficiency units shall be a minimum of four hundred fifty (450) square feet.
b. One (1) bedroom units shall be a minimum of six hundred (600) square feet.
c. Two (2) bedroom units shall be a minimum of seven hundred fifty (750) square
feet.
d. Three (3) bedroom units shall be a minimum of nine hundred (900) square feet.
4. Lot Coverage: In no case shall more than forty percent (40%) of the total lot area
be covered by the combined area of the main buildings and accessory buildings.
19.4 Parking Regulations: The number of parking spaces required shall be based
on the following:
• Efficiency units equal one (1) space per unit.
• One (1) bedroom units equal one and one-half (1 1/2) spaces per unit.
• Two (2) bedroom units equal one and three-quarters (1 3/4) spaces per unit.
• Three (3) bedroom units equal two (2) spaces per unit.
• Required parking may not be provided within the required front yard.
• Off-street parking spaces shall be provided in accordance with the
requirements for specific uses set forth in Section 32,
19.5 Refuse Facilities: Every dwelling unit shall be located within two hundred fifty
(250) feet of a refuse facility, measured along the designated pedestrian and vehicular
travel way. There shall be available at all times at least six (6) cubic yards of refuse
container per thirty (30) multi -family dwelling units. For complexes with less than
thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided.
Each refuse facility shall be screened from view on three sides from persons standing
at ground level on the site or immediately adjoining property, by an opaque fence or
wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in
height or by an enclosure within a building. Refuse containers shall be provided and
maintained in a manner to satisfy city public health and sanitary regulations. Each
refuse facility shall be located so as to provide safe and convenient pickup by refuse
collection agencies.
19.6 Border fencing of wood or masonry of not less than six (6) feet in height shall be
installed by the builder at the time of construction of any multi -family complex, along
the property line on any perimeter not abutting a public street or right -of --way. This
fence shall be maintained throughout the existence of the multi -family unit by the
owner of the unit.
19.7 Each story in any multistory design, regardless of density, shall be provided with
two (2) paths of entry and exit with each providing separate access to places of safety
in the event of fire or other emergency.
Section 2 All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 3 It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 4 Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined
in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and
each and every day such offense shall continue shall be deemed to constitute a separate
offense.
Section 5 This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, by the City Council of the City of Sanger, Texas, on this 4th day of
June, 2012.
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OV" S, +1, APPROVED:
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HOMAS MUIR, MAYOR
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