HomeMy WebLinkAboutPZ Item 03 - Legislative UpdateTO: PLANNING AND ZONING COMMISSION MEMBERS
FROM: ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES
MEETING DATE: SEPTEMBER 15, 2026
SUBJECT: PLANNING AND ZONING COMMISSION TO RECEIVE A
REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF
DIRECTION REGARDING POTENTIAL AMENDMENTS TO
THE ZONING ORDINANCE, ORD. 82-73, RELATIVE TO
LEGISLATIVE UPDATES FOR THE 89TH TEXAS
LEGISLATIVE SESSION, SPECIFICALLY HOUSE BILL 2464
(NO -IMPACT HOME -BASED BUSINESSES), SENATE BILL
783 (BUILDING MATERIALS AND AESTHETIC STANDARDS),
AND SENATE BILL 785 (HUD -CODE MANUFACTURED
HOUSING).
BACKGROUND:
On August 19, 2025, Planning Services provided the Planning and Zoning Commission with
a summary of the anticipated administrative, land use, and zoning legislation to be adopted
during the 89th Texas Legislative Session. Since that summary, staff has completed a
comprehensive review of the enacted legislation to determine how it applies to the City's
Zoning Ordinance, Ord. 82-73.
The following bills require amendments to the City's regulations:
1. House Bill 2464 (No -Impact Home -Based Businesses) - limits a municipality's ability to
regulate certain home -based businesses. The legislation, now codified in Texas Local
Government Code § 229.902, establishes the category of a "no -impact home -based
business" and generally prohibits a municipality from prohibition and requiring a municipal
license, permit, or other approval to operate.
A no -impact home -based business must, among other requirements, remain within the
applicable residential occupancy limit, not generate on -street parking or specified impacts
related to traffic, waste, pollution, noise, or similar conditions, and remain compatible and
secondary to the residential use of the property. The law also limits a municipality's ability
to require rezoning or installation of fire sprinklers for qualifying home -based businesses
in certain residential structures.
The legislation does not eliminate all local authority over home -based businesses.
Municipal regulations may still address businesses that create impacts, and the statute
expressly preserves regulations of certain activities, including alcohol or illegal drug sales,
structured sober living homes, sexually oriented businesses, and short-term rental units.
Private homeowner's associations (HOA) or deed restrictions are also unaffected.
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Staff has reviewed its customary home occupation definition and use -specific standards
to ensure that local requirements do not prohibit or require approval for a qualifying "no -
impact home -based business" contrary to § 229.902.
What is suggested and what does this mean? — Revise and rename the definition and
associated use -specific standards for customary home occupation to no -impact home based
business and incorporate the constraints of what can be regulated into the Zoning
Ordinance.
2. Senate Bill 783 (Building Materials and Aesthetic Standards) - This legislation amends
Texas Government Code Chapter 3000, which generally limits a governmental entity's
ability to adopt or enforce regulations that prohibit or limit the use of certain building
products, materials, or construction methods for residential or commercial buildings.
Building Materials and Aesthetic Standards Legislative Changes Timeline
• HB 2439 — 86th Legislature (2019): Created Government Code Chapter 3000 and
established the basic three -code -cycle preemption on local regulation of building
products/materials.
• SB 1090 — 87th Legislature (2021): Added several exemptions, including certain
outdoor lighting, plumbing/water conservation, and land -use -restriction provisions.
• SB 783 — 89th Legislature (2025): Did not eliminate or substantially rewrite the
three -code -cycle rule. It added exemptions for State Energy Conservation Office
(SECO) energy codes, SECO energy/water conservation design standards, and
certain high-performance building standards for public universities.
SB 783 expands existing exemptions as it allows the State Energy Conservation Office
(SECO) to adopt and update energy -efficiency codes that were previously restricted,
specifically exempting SECO-adopted energy codes, conservation design standards, and
certain high-performance building standards for public higher education facilities from state
prohibitions.
What is sugqested and what does this mean? —Minor re -wording of language found in each
district's subsection specific to exterior construction/material requirements, Section 54,
Masonry Requirements and Section 55, Performance Standards specifically for outdoor
lighting requirements.
3. Senate Bill 785 (HUD -Code Manufactured Housing) - This bill expands protections for
HUD -code manufactured housing and limits local zoning regulations that would prohibit
or unreasonably restrict its placement, where permitted by state law.
The legislation mandates that municipalities with residential zoning must allow new HUD -
code manufactured homes in at least one zoning district, preventing any outright prohibition
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across the entire jurisdiction. This aims to expand housing options and make affordable
housing more available.
While the law does not require manufactured homes in every residential district or lot,
municipalities can still determine appropriate placements and set regulations regarding size,
placement, and development, if these do not effectively ban such homes citywide.
Additionally, the law outlines a 45-day review period for applications to install new
manufactured homes. If a municipality does not deny the application in writing within this
timeframe, the application is automatically granted, adhering to the statute's requirements.
What is suggested and what does this mean? The proposed edits related to SB 785 and
manufactured housing are primarily intended to ensure that the City's existing definitions
are consistent with current state statute. The edits also include consideration of additional
definitions to address different types of housing that may be licensed, registered, or
regulated as vehicles under state law.
PROPOSED AMENDMENTS:
Below are the proposed stroke th"/underlin- revisions to the Zoning Ordinance,
prepared by the staff, to ensure compliance with these new state law requirements. Any text
proposed in preen underline is alternative language that may help clarify the preceding
statements and should be discussed further by the Commission.
Section 12., Definitions
A. The following words, when used in this ordinance, shall have the meanings
respectively ascribed to them in this section, unless such construction would be
inconsistent with the manifest intent of the City Council or where the context of this
ordinance clearly indicates otherwise:
- herne by a
Home -based business, No -impact. A business operated from a residential property by
the owner or tenant for the purpose of manufacturing, providing, or selling lawful goods or
services that have no impact on surrounding properties. The business shall not maintain a
total number of emplovees, clients, or patrons that exceeds the citv's occupancv limit for the
property: generate on -street parking or cause a significant increase in traffic in the area; and
the business and its operations should not be visible from the street See Section 42.J.
Manufactured home and manufactured housing. Each have the meaning assigned by
Texas Occupations Code � 1201.003(18) which is a HUD -Code manufactured home or a
mobile home and collectivelv means and refers to both. The umbrella usage of these terms
does not alter the categorical distinction between a HUD -code manufactured home and a
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mobile home recognized by Texas Occupations Code �� 1201.003 and 1201.004. Where a
regulation in this Code applies to onlv one subcategorv, the specific term shall be used. This
housing tvpe does not include vehicles regulated by the Texas Department of Motor
Vehicles including, but not limited to, recreational vehicles, travel trailers, fifth -wheel travel
trailers, folding camping trailers, truck campers, tov haulers, or the like.
Mobile home. Any vehiGle used or manufaGtUred to be used ao a temporary Gr
ah oheels,- - integral- by the
i.&,-&Uoh manner
e,_trmit the - - ac o temporary- -dwelling--
ac - -
Has the meaning assigned by Texas Occupations Code � 1201.003(20), and means a
structure that:
(1) was constructed before June 15, 1976;
(2) is built on a permanent chassis;
(3) is designed for use as a dwelling with or without a permanent foundation when the
structure is connected to the required utilities;
(4) is transportable in one or more sections; and
(5) in the traveling mode, is at least eight bodv feet in width or at least fortv bodv feet
in length, or, when erected on site, is at least three hundred twentv square feet.
The term includes the plumbing, heating, air-conditioning, and electrical systems of
the home.
This housing tvpe does not include vehicles regulated by the Texas Department of
Motor Vehicles including, but not limited to recreational vehicles, travel trailers, fifth -wheel
travel trailers, folding camping trailers, truck campers, tov haulers, or the like.
Manufactured home community; manufactured home park. "Manufactured home
community" has the meaning assigned by Texas Propertv Code � 94.001(4), which is a
Parcel of land on which four (4) or more lots are offered for lease for installing and occupving
manufactured homes. "Manufactured home park," as used in this Code, has the same
meaning as "manufactured home community." Consistent with Texas Local Government
Code � 214.906, the Citv may not regulate a tract or parcel of land as a manufactured home
community, park, or subdivision unless the tract or parcel contains at least four (4) spaces
offered for lease for installing and occupving manufactured homes. A recreational vehicle
Park is not a manufactured home community or manufactured home park.
Mobile home subdivision. A platted subdivision designed for the placement of
individuallv owned manufactured homes on individuallv owned lots, in accordance with the
Citv's subdivision regulations and the applicable zoning district. A y let, ;ra^+�arceLo
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IffIca4e-or in part fer the parking of mobile hernes usedbe used as -a
Modularhome. A structure or building module that is manufactured at a location other
than the location where it is installed and used as a residence by a consumer, transportable
in one or more sections on a temporary chassis or other conveyance device, and to be used
as a permanent dwelling when installed and placed upon a permanent foundation system.
The term includes the plumbing, heating, air conditioning and electrical systems contained
in the structure. The term does not include a mobile home as defined in the Texas
Manufactured Housing Standards Act, nor does it include building modules incorporating
concrete or masonry as a primary component.
Manufactured home lot. Unit of level, adequately drained around, of definite size and
clearlv indicated by markers, that is designated within a manufactured home community,
manufactured home subdivision, or other approved development for the installation of a
single manufactured home (i.e., a HUD -code manufactured home or, where lawfullv
nonconforming, a mobile home). Where a manufactured home lot is offered for lease in a
manufactured home community, the term also includes the space and adiacent exclusive -
use area as described by Texas Propertv Code � 94.001(6).
New manufactured home. Has the meaning assigned by Texas Occupations Code
1201.003(21), and means a manufactured home that is not a used manufactured home,
regardless of its aae.
House trailer. Has the meaning assigned by Texas Transportation Code � 501.002(9),
which is a trailer designed for human habitation. The term does not include manufactured
housing.
Trailer. Has the meaning assigned by Texas Transportation Code �, 501.002(29), which
is a vehicle that (1) is designed or used to carry a load whollv on the trailer's own structure,
and (2) is drawn or designed to be drawn by a motor vehicle. The term does not include
manufactured housing.
Travel trailer. Has the meaning assigned by Texas Transportation Code � 501.002(30),
which is a house-trailer-tvpe vehicle or a camper trailer that (A) is a recreational vehicle as
defined under 24 C.F.R. � 3282.8(a), or (B) is less than eight feet six inches in width or forty-
five feet in length, exclusive of anv hitch installed on the vehicle, is designed primarily for
use as temporary livina quarters in connection with recreational, campina, travel, or
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seasonal use, is not used as a permanent dwelling, and is not a utilitv trailer, enclosed trailer,
or other trailer that does not have human habitation as its primary function.
Recreational vehicle. "Recreational vehicle" means a vehicle that is a recreational
vehicle as defined by 24 C.F.R. � 3282.8(g), including, without limitation, a motor home,
travel trailer, fifth -wheel trailer, camper trailer, or park -model recreational vehicle. The term
does not include manufactured housing.
Trailer coach. "Trailer coach" means a trailer, house trailer, travel trailer, or
recreational vehicle as defined in this section, and does not include manufactured housing.
To the extent anv prior provision of this Code used the term "trailer coach" interchangeably
with "manufactured home" or "mobile home," that usage is superseded by this section.
Recreational vehicle park. "Recreational vehicle park" means a parcel of land used or
designed for the placement of recreational vehicles, travel trailers, or park -model
recreational vehicles for temporary occupancv. A recreational vehicle park is not a
manufactured home community, manufactured home park, or manufactured home
subdivision.
Section 13, "R-20", Single -Family Residential District Regulations
B. Secondary uses: The following uses shall be permitted as secondary uses to a single-
family detached dwelling provided that none shall be a source of income to the owner
or user of the principal single-family dwelling, except for a no -impact home -based
business. G, stemary home ,,,.GUpatien
1. Off-street parking and private garages in connection with any use permitted in
this district.
2. Accessory dwelling unit. Refer to Section 42.C.6. for supplementary district
standards related to accessory dwelling units.
3. Cabana, pavilion, pergola, or roofed area.
4. Private swimming pools and tennis courts.
5. Secondary buildings (storage buildings, hobby shops, barns).
6. Signs subject to the provisions of Section 60.
7. No -impact home -based business. Cult rnary herv,o ,,,.GUpatien
8. Communication equipment meeting the requirements of Chapter 7, Article XIII of
the Grapevine Code of Ordinance.
9. Sale of merchandise or goods, including but not limited to garage sales and yard
sales, shall be limited to a maximum of once per quarter, for a period not to
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exceed three continuous days. For the purpose of this paragraph, the month of
January shall constitute the first month of the first quarter.
With the exception of Items 2 and 9, when any of the foregoing permitted secondary uses
are detached from the principal single-family dwelling, said uses shall be located not less
than 45 feet from the front lot line and shall meet the requirements of Section 42.C., D., E
F. and G.
All secondary structures shall be setback from side and rear property lines a minimum of
15 feet. Secondary structures greater than 10 feet in height shall be set back from the side
and rear property lines 15 feet plus one additional foot for each additional foot of height
over 10 feet.
Section 14, "R-12.5", Single -Family Residential District Regulations
B. Secondary uses: The following uses shall be permitted as secondary uses to a single-
family detached dwelling provided that none shall be a source of income to the owner
or user of the principal single-family dwellings, except for a no -impact home -based
business. GUstemar„ home ,,,.GUpatien
1. Off-street parking and private garages in connection with any use
permitted in this district.
2. Cabana, pavilion, pergola or roofed area.
3. Private swimming pool.
4. Secondary buildings.
5. Signs subject to the provisions of Section 60.
6. No -impact home -based business. Customary home GGGUpatien.
7. Communication equipment meeting the requirements of Chapter 7,
Article XIII of the Grapevine Code of Ordinances.
8. Sale of merchandise or goods, including but not limited to garage sales
and yard sales, shall be limited to a maximum of once per quarter, for
a period not to exceed three continuous days. For the purpose of this
paragraph, the month of January shall constitute the first month of the
first quarter.
With the exception of Item 8, when any of the foregoing permitted secondary uses
are detached from the principal single-family dwelling, said uses shall be located not
less than 45 feet from the front lot line and shall meet the requirements of Section
42.C., D., E., F., and G.
All secondary structures shall be setback from side and rear property lines a minimum
of eight feet. Secondary structures greater than 10 feet in height shall be set back
from the side and rear property lines eight feet plus one additional foot for each
additional foot of height over 10 feet.
Section 15, "R-7.5", Single -Family Residential District Regulations
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B. Secondary uses: The following uses shall be permitted as secondary uses to a single-
family detached dwelling provided that none shall be a source of income to the owner
or user of the principal single-family dwellings, except for a no -impact home -based
business. G stnmar„ hnmo nnni patina
1. Off-street parking and private garages in connection with any use
permitted in this district.
2. Cabana, pavilion, pergola, or roofed area.
3. Private swimming pools.
4. Secondary structures.
5. Signs subject to the provisions of Section 60.
6. No -impact home -based business. Customary hnmo nnni patina
7. Communication equipment meeting the requirements of Chapter 7,
Article XIII.
8. Sale of merchandise or goods, including but not limited to garage sales
and yard sales, shall be limited to a maximum of once per quarter, for
a period not to exceed three continuous days. For the purpose of this
subsection, the month of January shall constitute the first month of the
first quarter.
With the exception of Item 8, When any of the foregoing permitted secondary uses
are detached from the principal single-family dwelling, said uses shall be located not
less than 45 feet from the front lot line and shall meet the requirements of Section
42.C., D., E., F., and G.
All secondary structures shall be setback from side and rear property lines a minimum
of six feet. Secondary structures greater than 10 feet in height shall be set back from
the side and rear property lines six feet plus one additional foot for each additional
foot of height over 10 feet.
Section 16, "R-5.0", Zero Lot Line District Regulations
B. Secondary uses: The following uses shall be permitted as secondary uses to an R-5.0
zero -lot -line district provided that none shall be a source of income to the owner or user
of the principal single-family dwellings, except for a no -impact home -based business
G stnmory hnmo nnni patina
1. Off-street parking and private garages in connection with any use
permitted in this district.
2. Cabana, pavilion, pergola, or roofed area.
3. No dwelling shall be closer than 12 feet between the face of the exterior
walls of neighboring dwelling unit.
4. Private swimming pool.
5. Storage structures 120 square feet or less and having no plumbing.
6. Signs subject to the provisions of Section 60.
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7. No -impact home -based business. Customary herne GGGUpatien.
8. Communication equipment meeting the requirements of Chapter 7,
Article XIII of the Grapevine Code of Ordinances.
9. Sale of merchandise or goods, including but not limited to garage sales
and yard sales, shall be limited to a maximum of once per quarter, for
a period not to exceed three continuous days. For the purpose of this
paragraph, the month of January shall constitute the first month of the
first quarter.
With the exception of Item 9, when any of the foregoing permitted secondary uses are
detached from the principal single-family dwelling, said uses shall be located not less than
45 feet from the front lot line and shall meet the requirements of Section 42.C., D., E., F.,
and G.
All secondary structures shall be set back from side and rear property lines a minimum of
six feet. Secondary structures greater than 10 feet in height shall be set back from the side
and rear property lines six feet plus one additional foot for each additional foot of height over
10 feet.
Section 42, Supplementary District Regulations
J. Gustemary< No -impact home -based business e£GUpation requirements.-
1 . A no -impact home -based business shall be permitted in all residential districts
where it is stated as an allowable secondary use and shall not require a
license, permit, certificate, registration, or other approval to operate.
2. The no -impact home based business GGGUPatiGn shall be clearly secondary to
the residential uses of the dwelling and there may be no evidence of the home
occupation visible to the neighborhood.
3. There shall be no s otural a!teratien to the premises/building
2. Thcre shall be ne installation of maGhinery er additional equipment other than
GUsternary to household operations.
4. No person - member - family of the owner er the resident
employe -c muct also - 0GOUpontc of the - - -
- GGGUpatien may n0t Greate neise, vibration, glare, furnes,
eleGtFiGal -■
erenGe whiGh is deteGtable eff of the premises, and may not
flUGtuationc in line voltage off of the prefflises.
- t f - - - in
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8 Any aGtim y Gennd-UGte..d on the premises shall he of such a nature —arty-noi
appre ' hly increasethe vehicular traff,;G OF p doctrion ncf v4 in the
neighborhood and shall not ennui irage queues, ies browsing of displays or ani
similar a tiyity.
4. A total number of emplovees, clients or patrons present on the propertv at anv
time shall not exceed the citv's occupancv limit for the property.
5. A no -impact home -based business shall not generate on -street parking or a
substantial increase in traffic through the area.
6. A no -impact home -based business shall operate in such a manner that none of
its activities are visible from the street including but not limited to no signs or
displays advertising the business.
7. A no -impact home -based business shall not substantiallv create or emit noise,
vibration, light or glare, fumes, odors, or other output that uncommon for a
residential area that violates anv city noise ordinance, regulation, or rule.
8. A no -impact home -based business shall comply with all applicable federal, state,
and local law, including municipal fire and building codes and municipal
regulations related to health and sanitation, transportation or traffic control, solid
or hazardous waste, and pollution and noise control.
9. Outside storage of merchandise or equipment is prohibited.
Outside itside storage of merchandise nr e I i.I nt io prohibited.
10. Parking for the home nnni patien must he nreyiiJeiJ on a paved si irfane off of
Parking �v��apucrorrn r�sc�c-pry-v Tcrcc��,
the street and not in a required front yard
10. A Gust r no -impact home -based business eGGUpatien shall not include the
physical or medical treatment of persons or animals, retail sales, business
services, barber shops, beauty shops, dance studios, carpenter shops,
electrical shops, plumber shops, radio shops, auto repairing or painting,
furniture repairing, or sign painting.
12. Sales of motor vehicles shall be limited to a maximum of two vehicles per
calendar year.
Section 36, "PCD", Planned Commerce Development District Regulations.
H. Exterior Construction. Exterior wall construction shall comply with Section 54 of this
ordinance, as amended, and applicable building and fire codes. The Citv shall not
require or prohibit the use of specific exterior building materials except as permitted by
state law.
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Section 37, "PID", Planned Industrial Development District Regulations.
H. Exterior Construction: Exterior wall construction shall comply with Section 54 of this
ordinance, as amended, and applicable building and fire codes. The Citv shall not
require or prohibit the use of specific exterior building materials except as permitted by
state law.
Section 41, "PD" Planned Development Overlay.
J. Exterior Construction: Exterior wall construction shall comply with Section 54 of this
ordinance, as amended, and applicable building and fire codes. The Citv shall not
require or prohibit the use of specific exterior building materials except as permitted by
state law.
Section 42, Supplementary District Regulations.
B. Sale of alcoholic beverages:
The detailed site plan must meet the following minimum requirements-
(1) The front building facade shall provide clear visibilitv into the interior of the
premises for safetv and security purposes, consistent with applicable building and
fire codes. The Citv shall not require specific exterior building materials or facade
composition except as permitted by state law.
The from building facade shall ho a minimum of 80 pernent non tinted, nlear glass
(2) No curtain, display, hanging sign, storage, or other obstruction that prevents a
clear view of the interior of a package store.
(3) Exterior lighting shall comply with the performance standards of Section 55 of this
ordinance.
The exterior piemisec must be lot maximum allowedunderthe zv,-pg
ordinance
(4) All requirements of chapter 4 alcoholic beverages of the Code shall also be meet.
6. Accessory dwelling units:
c. Architecture and design standards. -
A. Accessory dwelling units must be:
1. Designed to be compatible with the primary dwelling unit in terms of scale,
massing, and overall architectural character. Exterior construction shall
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complv with applicable building and fire codes, and the Citv shall not
require specific exterior building materials except as permitted by state law.
GenS-trFUGted of the same er similar exterier building materials and finishes
Quo primary, dwelling i ini+•
Section 47, Site Plan Review.
E. Contents of site plan application:
Whenever a site plan is required under Subsection C, the application for site plan
approval shall include the following information and material-
(b) Site plan requirements.
(15) Final elevations of proposed structures with the type or kind of
building materials used. Documentation demonstrating compliance with
applicable building and fire codes. GaIG notions of the peFGentage of masonry
Section 54, Masonry Requirements.
All principal buildings and structures located in the zoning districts "R-3.5", "R-3.75", "R-
MF" "R-5.0" "PRD-6" "PRD-12" and "R-TH" zoning districts shall be constructed with
exterior wall assemblies that complv with the Citv's Building Code and Fire Prevention Code.
Exterior wall materials shall be approved for use under an applicable national model code
Published within the last three code cvcles and adopted by the Citv. The Citv shall not require
or prohibit the use of specific exterior building materials except as permitted by state law.
Exterior materials shall be selected and installed to provide durability, weather resistance,
and fire performance consistent with applicable codes.
cietant c^�Gtion, had
,ational modeleo - o lact three Gede Gyc4ec thatapplies
or otheralternation- e material Genfe
c%*,,&.rGernc that de n0t GenfliGt with SeGtien000 of the Texas LOGal Government
=� - - - - - - - - o
cpj
All buildings or structures in the "P-O", "CN", "HCO", "HC", "LB", "LI", "PCD", "PID",
"CBD", "CC", and "RA" zoning districts shall be constructed with exterior wall assemblies
that comply with the Citv's Building Code and Fire Prevention Code. Exterior wall materials
shall be approved under an applicable national model code published within the last three
code cvcles and adopted by the Citv. Exterior materials shall be designed to ensure long-
term durability, structural integrity, and compatibility with the intended use of the building,
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consistent with applicable building and fire code requirements. The Citv shall not require or
Prohibit specific exterior building materials except as permitted by state law.
�nninn iJictriotc ehall be of exterior fore_ resistant_�JtFUGtien havingot- least 70 peFGenrt
-• -••- --- -.---..-. ._-..-, ----.-._...a _ - -.- -.._ ._..._-•I-, --••--•-•---- -• -••-•-, --- I -, II - • -
aGGE)rdanGe with the remnfeMed Gernentitious board, or other masenry er material of equal GhaFaGteriStiGS on
s building Gede and fore prevention Gede or material approved fGr
use and r a national o published within the last three Gede ^Y^'^s that applies to
the Genstci uGtk)n, mraintenare^^, or other olterRa#op of a building providedthernra�cnaT
^nnfnrmc to In^al ^nn^ern _ do not nfli^t with C 3000 of Texas I
,c that �c�„-��,--QeE � t#c�ex-� L�c-a,
Government Code or 70 per^ent of the total exterior walls may he on exterior ,n�all inc/iliati)-}
and finish system nred c-
All buildings or structures in the "BP" zoning district shall be constructed with exterior
wall assemblies that comply with the Citv's Building Code and Fire Prevention Code and are
approved under an applicable national model code published within the last three code
cvcles and adopted by the Citv. Buildings in the "BP" district shall incorporate high -quality
exterior materials and design elements that provide durability, visual interest, and
compatibility with the surrounding development pattern, consistent with applicable building
and fire code requirements. The Citv shall not require or prohibit specific exterior building
materials except as permitted by state law.
of exterior fore resistant GonStFUGtien having at least 100 peFGent of the total exteriGr
walls, eXGluding doers and windows, GenJtFUGtei.d--^mt--hbFiGkstone, fibre reonfeFG
Gernentitious board, er other masenry er material of equal GharaGteFiStiGS on aGGOrdanGe wi
the -City sbuildingee and fire prevention Gede or material approved for use under
national rnedel Gede as defined by SeGtien 214.217 of the Texas LOGal Government Gede
published within the lost three Gede ^Y^lec that applies to the ^nnctn i^tion, maintenance, 0
other alternation of a building provided the material ^nnfnrmc to In^al ^nn^crno that de Fie
GenfliGt with SeGtien 3000 of the Texas LE)Gal Government Gede, er 100 peFGent E)f the t
exterior walls may he an exterior wall inc/iltatin«d-finish c..'ctem prod! i^t
All principal buildings or structures in the "GU" zoning district shall be constructed with
exterior wall assemblies that comply with the Citv's Building Code and Fire Prevention Code
and are approved under an applicable national model code published within the last three
code cvcles and adopted by the Citv.
of exterior fore resistant GenStFUGtien having at least 70 peFGent of the total exterior walls
eXGluding deers and windows, GE)nStFUGted of bFiGk, stone, fibre reinfeMed Gernentitious
heard, er other masonry er material of equal ^hara^tericticc in ia-.GClrrdanGe with ^ito
building Gede and fire prevention Gede or material appr r Q nQ
Gede as defined by SeGtien 214.217 of the Texas LOGal Government Code published wi
the last three Gede Gyc4oc that applies to the ^nnctri i^tion, maintenarTGe, er other alter;
9f a building providedthematerial Gemr,s te IGG,lGenGrnc that de net ^nnfli^t with
SeGtien 3000 of the Texas LOGal Government Code, or 70 peFGent of the total exterior walls
may he on exterior I inuilatio„ and sh system prc)dUGt Temporary buildings or
structures used as classrooms for the Grapevine - Colleyville Independent School District
may be exempt from this requirement.
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Any buildings or structures located within a historic district or within a site that has
received "HL" Historic Landmark Subdistrict designation are exempt from the requirements
set forth in this section and must receive an approved Certificate of Appropriateness prior
to exterior modifications to ensure exterior modifications keep with the architectural
character of the district or landmark.
Section 55, Performance Standards.
A. In any district no land shall be used in any manner other than in compliance with the
performance of standards herein set forth.
5. Lighting. The purpose of this section is to regulate the placement, orientation,
distribution patterns and fixture tvpes of outdoor lighting to promote safety, utilitv
and security: also, to minimize glare, protect adiacent properties, and reduce
atmospheric light pollution.
a. Light fixtures excluding accent lighting of architectural building features and
lighting of public art or public monuments shall be mounted no higher than the
highest point of the primary structure on the property. In no case shall light poles
be greater than 30 feet in height.
b. All lighting sources greater than 60 watts shall be provided with full -cutoff
shielding with opaque tops and reflectors to:
a) Eliminate all direct upward illumination
b) Eliminate all direct visibilitv of the lighting element
c) Reduce light levels
c. All outdoor lighting shall be designed, installed, and maintained to comply with
the following performance standards:
a) Illumination Levels:
i. Single-family: 0.2 footcandles
ii. Multiple -family: 0.5 footcandles
iii. Non-residential districts and streets: 3.0 footcandles
iv. Industrial districts: 5.0 footcandles
b) Glare Lighting shall not be designed, installed, or operated so as to
produce glare that:
i. Creates a hazard for pedestrians or vehicles;
ii. Reduces the use or eniovment of adiacent property: or
iii. Causes direct light intrusion onto adiacent residential properties.
1. All lighting sources except accent lighting shall be directed
downward.
AM 26-04.4 14
c) Light Trespass: Lighting shall be arranged to minimize direct illumination
bevond the property boundarv.
d) Illumination levels can be accomplished by louvers, baffles, visors, or
shields
e) Design Flexibilitv: Compliance with the performance standards in this
section may be achieved using anv lighting design, technologv, or
configuration that meets these requirements and applicable building and
electrical codes.
f) Measurement: Lighting levels shall be measured in footcandles using
calibrated metering equipment in accordance with standard industry
practices.
g) General Prohibition: No site lighting, building lighting, or vehicular lightina.
shall be designed, installed, or operated so as to create reflective glare
that creates a hazard, or reduces privacv or inhibite th- 4--of
s irro indina properties
h) Exemptions:
i. Exterior lighting allowed by an electric permit issued prior to April
17, 2001.
ii. Lighting for city or school district sports facilities and athletic fields.
iii. Lighting located in a public right-of-way.
iv. Facilities in areas zoned "RA", emergencv lighting, temporary
construction lighting, Christmas or holidav lighting, and temporary
uses permitted in Section 42 by this ordinance are exempt from
these provisions.
v. All properties that are within the area bounded by Bethel Road,
Bass Pro Boulevard and State Highwav 26 on the south; Fairwav
Drive on the west; and the city limits line on the north and east are
exempt from the lighting regulations in Section 55.
. .-
enGOUrage lighting that provides safety, utility and seGUrity; alse to prevent glare
pollution. These lighting regulations eXGept for _gop
not pertain to any exterier lighting allowed by e!eGtFOG permit issued-pfi
17, 00
lighting IGGated in a Gity right of way, fa c in areas zen d I'D I A I
ReGreational/AmusernenternergenGy
o - temporary usespermitted - are
exempted frern these lighting provisions. All prep-meprepertmea that are area
ithin the
bounded by Bethel Read, Bass Pre .-
ulevard and State Highway 26 en the seutb';
FaipNayDrove
frern the lighting regk one in
_ . _ _ of _allowed
AM 26-04.4 15
r ol uc--pormit, th teness ef the lighting shall be reviewed
-• o building-
-Lightfixtures-- - - lighting - - features and
lighting ef publiG art er publiG menurn nto aholl be mountedhigherhighest point of the • o - on the property.- ch.all
be greater than 30 feet On height.
b. All lighting eXGluding aGGent-•tural building features,
aFGhiteGtUral features, trees and lighting of publiG art, flagpoles and/er flags -
allowed on SeGtien 60•• • • -Me chall
Eliminc - all direGt• illuminationthe eXGeptiens
• Eliminate all doreGt- liphtinp 818M
ix i • • - feet
G. All light' g- eXGept "aGGentlighting"r• it partains to features
_eraph . • chall be direGtedto limit light leve c at subjeG
-
property boundaries te these stated on r . •
• Illumination levelsrequired - r . • be aGGernplished
baffles, visGrs or shields plaGed on the fixture or by fenGes, berms, elevation Gr
any other methed such o the required limitations Sedion. •
are met.
Arr%- -• o • - - -
or neon lighting elements te highlight aFGhiteGtUral features providing the light
levels fer adjaGent properties stated On Se on 6.b.l.G are
lighting ef aFGhiteGtural building features, • art, publiG monumentsand -
0 s allowed, providing the lighting elements are shielded as stated on SeGtien 5.AD-.
and light levels for subjeGt properties are limited as stated On Se on . •
illuminated exterier signs shall rneet the requirements of SeGtien
f. Meteron- it lighting levels of outdoor lighting shall be measured
fGGtGandles with a direGt reading portable !ight meter with a GGIc)r and GC)Sipe
AM 26-04.4 16
• - SGales.The metoall
plus,or minUG five peFGe-nt. It chall have been tested and Galibrated by an
year of date of use as attested te by a GeFtifiGate issued by SUGh laberatery.
lighting installationc challbe tested by a State of Texas- - Professional
Engineer- - Master - • r r al inOpeGtien
- -- - to the building inspeGtienprier - -
prove0 nspeGtion. It c/hall be the property owner's responsibility to provide testing re
at any tome after the issuanGe of a GeFtifiGate Of OGGUpanGy, of requested by tl4e
Building OffiGial to that legalo - - are being
g. M_
deSGribed on SeGtien 5.f. with a sensor mounted ne rnere th n ei)( in-shes above
ground levol in r horizental position. Readings shall be taken only afterthe
has been expesed te provide a Genstant reading. Measurernc\ntc chall be made
when the meteerelegiGal eptical rar�ge ic ci)( mdes er greater such that
measurements will net be adversely affeGted by atrnespheFiG SGat
Measure r be made afterthe subjeGt property
ratingsand then with thern en. The dofferenGe between the twe readings shall bee
- - • . •
additionPFOGedure eliminates the effeGtS Of moonlight and ether ambient light.
- above requirements,e lighting, building lighting, vehiGular
lights, or - - - - - designed, - - - as -
0 that Greatcor hazard,- - or •
enjoyment of the surrounding properties.
�.-�or purposes of Subs- . oubjeGt propertyo be the property
/e m
AM 26-04.4 17
TO: PLANNING AND ZONING COMMISSION MEMBERS
FROM: ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES
MEETING DATE: AUGUST 19, 2025
SUBJECT: 89TH TEXAS LEGISLATURE —ADMINISTRATIVE, LAND USE,
AND ZONING BILLS
BACKGROUND:
The 89th Texas Legislature's Regular Session was marked by many proposed legislations
affecting local municipalities, particularly regarding administrative processes, land use, and
zoning. Most of the bills that passed and were signed by the governor had the potential to
significantly change the appearance of cities like Grapevine. However, these bills were
primarily bracketed for cities with populations at least 150,000 and within a county of at least
300,000 people.
The three bills with the greatest potential to impact Grapevine were Senate Bills 15, 840,
and 2477.
Senate Bill 15 allows a small lot single-family development on properties that are five acres
and larger, have never been platted, and are zoned for single-family homes.
Senate Bill 840 allows the construction of multifamily housing in commercial areas across
the city, if it meets specific threshold requirements. Additionally, it limits the city's ability to
regulate factors such as density, parking, building height, lot coverage, and setbacks for all
multifamily and mixed -use housing throughout the city.
Senate Bill 2477 allows existing office buildings that have been zoned for commercial use
for over five years to be converted into multifamily and mixed -use residential properties.
Cities are prohibited from imposing permit fees, requiring traffic impact analyses or traffic
improvements, and charging parkland fees or dedications. This creates a new chapter under
the Texas Local Government Code, Chapter 249.
Of the 19 cities affected by the above legislation, ten are in North Texas, but Grapevine is
not among them.
BILL SUMMARY:
This is a summary of the bills from the 89th session that will have an immediate impact on
internal procedures. At this time, the two priority bills, House Bill 24 and House Bill 1522,
are primarily administrative in nature and will not require any changes to the Zoning
Ordinance.
89' Legislative Updates
Administrative
House Bill 24 — The legislation amends zoning procedures in Texas, focusing on Section
211 of the Local Government Code. It introduces "comprehensive zoning changes" and sets
different voting thresholds (supermajority or simple majority) for approvals. There is a 60-
day challenge period for approved zone changes, and public hearing signs must measure
24 by 48 inches. This will take effect on September 1, 2025.
House Bill 1522 — The agenda posting requirement has changed from 72 hours" to "3
business days" for city councils, boards, commissions, advisory groups, and their
subcommittees. For a public hearing on a Tuesday, the agenda must be posted the prior
Tuesday, excluding weekends, the posting date, the meeting date, and city holidays. This
change will be effective September 1, 2025.
Land Use and Zoning
House Bill 2464 — prohibits cities from requiring permits or licenses for home occupations.
However, they may require that home occupations comply with federal, state, and local laws
and codes. These occupations must be compatible with residential use and secondary to
the primary residential function of the property. It's important to note that deed restrictions
may still apply.
House Bill 2559 — Cities that wish to implement a development moratorium must meet
certain requirements:
- A three-quarters (3/4) vote is necessary.
- There will be a second public hearing 30 days after the first, with certified notice sent to
those who requested it.
- The temporary moratorium pending ordinance adoption is eliminated.
- The ordinance must have two readings, which must be 28 days apart.
- Residential moratoriums are added to the commercial limitation of 90 days, with one
possible 90-day extension, allowing for a total of 180 days.
Senate Bill 617 — Cities must send a specific notification and follow a public hearing process
when converting a property to provide housing for homeless individuals.
Senate Bill 783 — Broadens the exceptions allowing municipalities and counties to adopt or
enforce building product standards, methods, or materials that exceed those required by
state law.
Senate Bill 785 — Cities are not permitted to adopt or enforce zoning regulations or district
boundaries that directly or indirectly prohibit the installation of new HUD -Code manufactured
homes within its limits. This implies that cities must allow HUD -Code homes in at least one
zoning district.
89' Legislative Updates 2
Senate Bill 1202 - Adds a new subsection, 247.0025, to Chapter 247 of the Texas Local
Government Code. This new provision establishes guidelines for third -party reviews of
backup power installations for one- and two-family homes. It appears to permit these third -
party reviews and on -site evaluations to bypass regular inspection requirements of cities.
Senate Bill 1567 — Regarding single-family occupancy, cities cannot limit the number of
unrelated individuals living in a home; however, they can specify the total number of
occupants based on the square footage of the bedrooms. Apply only to home -rule cities that
have a university campus, as defined by Section 61.003 of the Education Code.
Senate Bill 1844 — Property owners are provided a process of disannexation from a city
due to a failure to provide services. This adds a new category of landowners who may
petition for disannexation. A majority of property owners in an area may petition the city if:
1. The area is adjacent to a navigable waterway.
2. The annexation did not comply with Subchapter C, Chapter 43 of the Texas Local
Government Code.
3. Most properties in the area lack connections to city water and wastewater systems,
while other parts of the city are connected.
If a valid petition is filed, the city must disannex the area within 60 days. If the city fails to do
this, petitioners can file a lawsuit to compel disannexation. If successful, the court will order
disannexation and award attorney's fees.
Additionally, the bill states that:
- Landowners in disannexed areas will not receive refunds for past taxes or fees.
- The provision does not apply to previously designated industrial districts.
- Long -incorporated areas can qualify for disannexation.
- Petitions must be signed by landowners, not voters.
All enrolled versions of each bill can be reached via the Texas Legislature Online Bill Search
tool at Texas Legislature Online - Bill Search. All bills should be queried under the 89(R) -
2025 selection option.
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89t" Legislative Updates 3