Sec Zoning District Boundaries Sec Compliance Required and Application of Regulations

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2 Zoning Ordinance, Ordinance No. 398 of the City of Westworth Village, Texas. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling. C. A copy of the official Zoning District Map shall be placed in the office of the City Administrator or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official Zoning District Map or this copy. Sec Zoning District Boundaries A. The zoning district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules shall apply: 1. Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. 2. Boundaries shown as approximately following platted lot/tract lines shall be construed as following such lot/tract lines. 3. Boundaries shown as approximately following City limits shall be construed as following such City limits. 4. Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines. 5. Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainage ways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines. 6. Boundaries shown as parallel to, or extensions of, features described in Subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map. 7. Whenever any street, alley or other public way is vacated by official action of the City Council, or whenever such area is used for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts. 8. The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. 9. Where physical features on the ground are at variance with information shown on the Zoning District Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections (1) through (8) above, then the lanning and Zoning Commission shall interpret and recommend to the City Council the appropriate zoning district boundaries. 10. Zoning changes which are still valid and which were made between the effective date of the previous Zoning Ordinance and the effective date of this Chapter are indicated in approximate locations on the Zoning District Map. For exact legal descriptions, refer to the adopting ordinances for each particular zoning change. Sec Compliance Required and Application of Regulations A. All land, buildings, structures or appurtenances thereon located within the City of Westworth Village, Texas, which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties as per Section of this Chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise. B. No uses shall be allowed which are prohibited by State or Federal law or which operate in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental rotection Agency (EA), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), U.S. Army Corps of Engineers, or any other applicable State or Federal agency, as the case may be.

3 C. The City of Westworth Village shall consider the appropriateness of all uses, construction standards and dimensional standards (including height) of any property which may be included within the Naval Air Station, Fort Worth, Joint Reserve Base Air Installation Compatible Use Zones (AICUZ). D. No lot/tract upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Chapter, nor shall a part of a yard or other open space required by this Chapter for any building/lot/tract be included as a part of a yard or other open space similarly required for another building/lot/tract. E. No building shall hereafter be erected or altered: 1. To have more narrow or smaller front, side or rear yards than those required by this Chapter; 2. To exceed the maximum height allowed by this Chapter; 3. To occupy a greater percentage of lot/tract area than allowed by this Chapter; or 4. To accommodate or house a greater number of families than is specified within this Chapter for the zoning district in which such building is located. Sec Definitions For the purpose of this Chapter, certain terms and words are to be used and interpreted as defined in this section. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word shall is mandatory and not directory. For any term or use not defined herein, Webster s Dictionary (latest edition) shall be used. Accessory building (business or industry) means, in nonresidential districts, a subordinate building used for purposes incidental to and in conjunction with the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building. Accessory building (residential) means, in a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse, home workshop, children s playhouse, storage building, garden shelter, etc. Accessory use means a use that is customarily incidental, appropriate and subordinate to the principal use of land or buildings and that is located upon the same lot/tract therewith. Airport or landing field means a place where aircraft can land and take off that is usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers. Alley means a minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may also be used for public utility purposes. Ambulance service means the provision of private emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles. Amusement arcade (also video arcade) means any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent (10%) of the public floor area is devoted to three or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffleboards, pool tables or other similar amusement devices. However, the term amusement device, as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports. Amusement, commercial (indoor), means an amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses. Amusement, commercial (outdoor), means an amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited

4 to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses. Antique shop means a retail establishment engaged in the selling of works of art, furniture and/or other artifacts of an earlier period, with all sales and storage occurring inside a building. Art gallery or museum means an institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public. Assisted living facility means a congregate residence facility for ten or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single-occupancy or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis. Auto finance and leasing means leasing of automobiles, motorcycles, and light load vehicles. No outside storage is permitted. Auto laundry or car wash means a structure used to wash motorcycles, automobiles and light load vehicles. Auto parts and accessory sales means the use of any building or other premises for the primary display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. No outside storage is permitted. Auto rental means storage of vehicles for the purpose of renting automobiles or light trucks. Auto sales means retail sales of new or used automobiles or light load vehicles and the service of new or used vehicles. Auto storage or auto auction means the storage or impoundment, on a lot/tract or tract which is paved in accordance with parking lot/tract paving requirements set forth in this Chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles. Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, light duty trucks and sport utility vehicles, vans and minivans, motor scooters and motorcycles. Automobile accessory installation means minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories. Automobile repair garage means an establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles. Automobile repair, major, means general repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under Automobile repair, minor and other similar uses. Automobile repair, minor, means minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under Automobile repair, major or any other similar use. Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period as determined by Section Automotive gasoline or motor fuel service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under Automobile repair, minor. Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period as determined by Section Bakery or confectionery (retail) means a facility less than 1,500 square feet for the production and/or sale of baked goods. Bakery or confectionery (wholesale or commercial) means a manufacturing facility over 1,500 square feet for the production and distribution of baked goods and confectioneries intended for off-premises distribution. Ballroom dancing means an establishment open to the general public for dancing.

5 Bank, savings and loan, or credit union means an establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds. Barn means a structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock. Basement (or cellar) means a portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground prior to berming, using measurements taken at each corner of the building which meets the ground or when subdivided and used for commercial or dwelling purposes, other than a janitor employed on the premises. Bed and breakfast inn or facility means a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five rooms for transient guests for compensation. Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Administrator or his/her designee shall determine the outline of the block. Boardinghouse or roominghouse means a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided. Building site. See Lot/tract definition. Bus station or terminal means any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers. Caretakers or guards residence means a residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises. Carnival, circus or tent service (temporary) means outdoor or indoor commercial amusement provided on a temporary basis. Carport means a structure that is open on a minimum of three (3) sides and designed or used to shelter vehicles; also referred to as covered parking area. Cemetery or mausoleum means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbarium s crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. Cemetery, animal, means the same as cemetery except only for the burial of dead animals. Certificate of occupancy means an official certificate issued by the city through the City Administrator or his/her designee which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued. Child care center (or day care center) means a commercial institution or place designed for the care or training of 12 or more unrelated children under 14 years of age for less than 24 hours a day. Church, rectory or temple means a building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises. For the purposes of this Chapter, religious study and other similar activities which occur in a person s primary residence shall not apply to this definition. City means the City of Westworth Village, Texas. City Administrator or his/her designee means the inspector or administrative official charged with responsibility for issuing permits and enforcing this Chapter and building code of the City. City council means the governing body of the City. Civic center means a building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a government agency. Cleaning plant (commercial/wholesale) means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis. Cleaning shop or laundry (small shop, pickup and self-service) means a custom cleaning shop not exceeding 2,500 square feet of floor area and may include customer self-service laundry and cleaning. College or university means an institution established for educational purposes, accredited or recognized by the state, offering courses for study beyond the secondary education level and covering a program or series of programs of academic study.

6 Commercial amusement (indoor). See Amusement, commercial (indoor). Commercial amusement (outdoor). See Amusement, commercial (outdoor). Community center means a building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency. Community home means a place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the state department of mental health and mental retardation (also see Chapter 123 of the Texas Human Resources Code, as amended). Comprehensive plan means the plan adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City. Concrete batching plant (permanent) means a permanent manufacturing facility for the production of concrete. Concrete batching plant (temporary) means a temporary manufacturing facility for the production of concrete during construction of a project, and to be removed when the project is completed. Continuing care retirement community means a housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change. Contractor s shop with outside storage yard means a building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles. Convenience store with (or without) gasoline sales means a retail establishment selling a limited selection of prepared food or groceries for off-premises consumption, sundries and possibly gasoline, if pumps are provided. This establishment does not include or offer any automobile repair services. Copy shop or printing shop means an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet. Country club (private) means a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests. Court means an open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space. Coverage means the lot/tract area covered by all buildings located thereon, including the area covered by all overhanging roofs. Custom personal service shop means a tailor, dressmaker, shoe shop, barbershop, beauty shop or similar shop offering custom service. Day camp for children means a facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis. Density means the total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre. Detached means having no physical connection above the top of the floor line of the first floor with any other building or structure. Distribution center means a building or facility used for the storage and distribution of wholesale items/products. Drapery or furniture upholstering shop means an establishment for the production, display and sale of draperies and soft coverings for furniture. Dwelling means any building or portion thereof, which is designed or used as living quarters for one or more families. Dwelling, single-family attached (townhouse). See Single-family dwelling, attached. Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. Educational facilities means public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children, such as the Head Start rogram. Electrical substation means a subsidiary station in which electric current is transformed. Enclosed building means a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.

7 Fairgrounds or exhibition area means an area or space either outside or within a building for the display of topicspecific goods or information. Family means individuals living together as a single housekeeping unit in which not more than four individuals are unrelated to the head of the household by blood, marriage, or adoption. Family home (residential child care) means a facility that regularly provides care in the caretaker s own residence for not more than six children under 14 years of age, excluding the caretaker s own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker s own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Texas Human Resources Code, as amended, and in accordance with such standards as may be promulgated by the State Department of Human Resources. Farm, ranch, garden, crops or orchard means an area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Feed and grain store means an establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery. Fire, police or municipal building means any public service building of the municipal government including a library or city hall, but excluding storage yards, utility shops and equipment centers. Floodplain means an area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM, Flood Insurance Rate Map of the city. Floor area means the total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways. Floor area ratio (FAR) means the floor area of a main building or buildings on a lot/tract, divided by the lot/tract area. Florist shop means an establishment for the display and retail sale of flowers, small plants and accessories. Food processing means a manufacturing or light industrial use that primarily deals with the processing and packaging of food products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products created and packaged on the premises may be allowed as an accessory use. Food store means a retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. repared food for off-premises consumption may be sold only as a secondary or accessory use. Franchised private utility means a utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the city. Fraternal organization, lodge, civic club, or union means an organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union. Front yard. See Yard, front. Funeral home or mortuary means a place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Furniture, home furnishings or appliance store means a retail store selling goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances. Garage/accessory dwelling means a residential dwelling unit attached to or over a garage but not attached to the main residential structure. Garage, private, means an accessory building, or a part of a main building, that is enclosed on at least three sides, used for storage of automobiles and used solely by the occupants and their guests. Also called enclosed parking space. Garden shop means a facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building. Gasoline service or filling station. See Automotive gasoline or motor fuel service station.

8 General commercial plant means establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants. General manufacturing. See Industrial, manufacturing. General retail stores means this major group includes retail stores which sell a number of lines of merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (also see Retail shop ). Golf course means an area improved with trees, greens, fairways, hazards, and which may include clubhouses. Gymnastic or dance studio means a building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance. Hauling or storage company. See Motor freight company. Heavy load vehicle means a self-propelled vehicle having a manufacturer s recommended gross vehicle weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term truck shall be construed to mean heavy load vehicle unless specifically stated otherwise. Heavy machinery sales and storage means a building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit. Heliport means an area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities. Helistop means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted. Home for aged, residence, means a home where elderly people are provided with lodging and meals without nursing care being a primary function. Home occupation means any activity carried out for gain in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes as described within Section Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities. Hospitals can be limited purpose establishments, such as: A. Acute care means an institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the state. B. Chronic care means an institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the state. Household appliance service and repair means the maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines. Household care facility means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Chapter 247 of the Texas Health and Safety Code, as amended (ersonal Care Facility Licensing Act), and Chapter 123 of the Texas Human Resources Code, as amended (Community Homes for Disabled ersons Location Act), as they presently exist or may be amended in the future. Household care institution means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.

9 Industrial, manufacturing, means establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer. Industrialized home or modular home means: A. A residential structure that is: 1. Designed for the occupancy of one or more families; 2. Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and 3. Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system. B. Industrialized housing includes the structure s plumbing, heating, air conditioning, and electrical systems. C. Industrialized housing does not include: 1. A residential structure that exceeds three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof; 2. Housing constructed of a sectional or panelized system that does not use a modular component; or 3. A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location. Institution for alcoholic, narcotic or psychiatric patients means an institution offering outpatient treatment to alcoholic, narcotic or psychiatric patients. Kennels (indoor pens) means an establishment with indoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes. Kennels (outdoor pens) means an establishment with outdoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes. Kindergarten or nursery school (private) means an establishment where more than three children are housed for care and/or training during the day or portion thereof. Kiosk means a small, freestanding, one-story structure having a maximum floor area of one hundred (100) square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of fifty (50) square feet. Kitchen, residential, means, generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this Chapter, generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a kitchenette which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.). Laboratory equipment manufacturing means a facility that makes or produces equipment or products used for research or testing. Laboratory, scientific or research, means an establishment that engages in research, testing or evaluation of materials or products, but not medically-related (see Medical facilities and Medical laboratory ). Landscaping means material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving. Laundromat or self-serve washateria means a facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron. Light load vehicle means a self-propelled vehicle having a manufacturer s recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pickup trucks, sport utility vehicles, vans and minivans, recreational vehicles (less than thirty-two (32') feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

10 Light manufacturing or industrial use means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing. Loading space means an off-street space or berth used for the delivery and loading/unloading of vehicles. Local utility line means the facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad-mounted and pole-mounted transformers. Lot/tract means a platted (as specified in Chapter 212 of the Texas Local Government Code, as amended) parcel of land that is occupied or intended to be occupied by one main building or a group of main buildings and any accessory building, which includes such parking, landscaping and open space as are required by this Chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street. Lot/tract area means the total area, measured on a horizontal plane, included within lot/tract lines. Lot/tract, corner, means a lot/tract which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. Lot/tract depth means the mean horizontal distance between the front and rear lot/tract lines which create an area that meets the zoning district s minimum width and depth requirements. Lot/tract, double frontage, means a lot/tract having frontage upon two non-intersecting streets, as distinguished from a corner lot/tract. Lot/tract, flag, means a lot/tract having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet. Flag, or panhandle, lot/tracts are typically discouraged. Lot/tract frontage means that dimension of a lot/tract or portion of a lot/tract abutting onto a street, excluding the side dimension of a corner lot/tract. Lot/tract, interior, means a lot/tract other than a corner lot/tract. Lot/tract, key, means a corner lot/tract whose exterior side is adjacent to the front yard of another lot/tract. Lot/tract line, front, means the narrower side of the lot/tract abutting a street. Where two lot/tract lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot/tract frontage. For a lot/tract which has a boundary line which does not abut the front street line, is not a rear lot/tract line, and lies along the same general directional orientation as the front and rear lot/tract lines, said line shall be considered a front lot/tract line in establishing minimum setback lines. Lot/tract line, rear, means the lot/tract line farthest from and most parallel to the front lot/tract line. For triangular lot/tracts, the point opposite the front lot/tract line shall be considered the rear lot/tract line and have a value of zero. Lot/tract line, side, means any lot/tract line not the front or rear lot/tract line. Lot/tract lines or property lines means the lines bounding a lot/tract as defined in this Section. Lot/tract of record means a lot/tract which is part of a subdivision, the plat of which has been recorded in the office of the county clerk. Lot/tract width means the horizontal distance measured between side lot/tract lines parallel to the front lot/tract line, and measured from the point on the building line which is closest to the front lot/tract line. Main building means the building or buildings on a lot/tract which are occupied by the primary use. Manufactured home display or sales means the offering for sale, storage, or display of new or previously owned moveable manufactured housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis. Manufactured housing means any one of two types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user s permanent site, and which are regulated by the Texas Manufactured Housing Standards Act, Chapter 1201 of the Texas Occupations Code, as amended. For the purpose of this Chapter, there are two types of manufactured homes: A. Mobile home means a moveable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, B. HUD-Code manufactured home means a moveable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential

11 dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a moveable manufactured home that was constructed after June 15, Manufactured housing park means a parcel of land not less than three (3) acres nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for short-term or long-term occupancy by manufactured or mobile homes, trailers and/or recreational vehicles (including travel trailers) in designated spaces. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities. Manufactured housing space means a plot/tract of ground within a manufactured housing park, or manufactured housing subdivision which is designed for the accommodation of one manufactured or mobile home, trailer or RV unit. Manufactured housing subdivision means a parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned mobile home units or HUD-Code manufactured homes on platted lot/tracts which can be purchased outright by the owners of the mobile home units. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities. Masonry construction means that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows. Mausoleum means property used for the interring of the dead and where bodies are interred above ground in stacked vaults. Medical facilities means: A. Medical clinic or office means a facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions. B. Dental office or doctor s office means the same as medical clinic. C. Massage establishment means any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state law. Massage therapy, as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, or tub, shower or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy or any derivation of those terms. Massage and therapeutic do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. D. ublic health center means a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith. E. Sanitarium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents. F. Surgical outpatient facility means an establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices. G. Medical laboratory means an indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing. Mini-warehouse means small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited. Minor medical emergency clinic. See Medical clinic or office.

12 Model home means a dwelling in a developing subdivision, located on a legal lot/tract of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision. Motel or hotel means a facility offering temporary lodging accommodations or guestrooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guestroom shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. Motor freight company means a company using trucks or other heavy load vehicles to transport goods, equipment and similar products. The term motor freight company includes companies that move residential or commercial belongings. Motor vehicle means any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses. Motorcycle means a usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this Chapter, motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles. Motorcycle sales and repair means the display, sale and/or servicing, including repair work, of motorcycles. Multiple-family dwelling means three or more dwelling units on a single lot/tract designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadraplex), as well as traditional apartments. Municipal facility or use means any area, land, building, structure and/or facility which is owned, used, leased or operated by the city. Nonconforming use means a building, structure, or use of land lawfully occupied as of the effective date of this Chapter, which does not conform to the use regulations of the district in which it is situated. Nursery means an establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting. Nursing, convalescent or rest home. See Skilled nursing facility. Occupancy means the use or intended use of the land or buildings by proprietors or tenants. Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements of this Chapter, located on the lot/tract or tract occupied by the main use or within 150 feet of such lot/tract or tract, and located within the same zoning district as the main use or in an adjacent parking district. Office center means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc. Office showroom means an establishment with no more than twenty-five percent (25%) of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. Office warehouse means an establishment with more than twenty-five percent (25%) of the total floor area devoted to storage and warehousing, but not generally accessible to the public. Offices, professional and general business, means a room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations; but excluding medical offices. A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations; but excluding medical offices. Officially approved place of access means access to a property, other than from a dedicated street, which is approved by the city. Outside display means outside temporary display of finished goods that are specifically intended for retail sale but not displayed outside overnight. Outside storage means the keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot/tract or tract for more than twenty-four (24) hours. Also referred to as open storage.

13 aint shop means a commercial establishment where painting services are performed, but not automotive-related painting services. (For automotive-related painting services see Automobile repair, major. ) arcel means any unplatted tract of land, or any portion of an unplatted tract of land (also see Tract ). ark or playground (private). See rivate recreation facility. ark or playground (public). See ublic recreation. arking lot/tract means an off-street, ground level area, paved in accordance with city parking lot/tract standards, for the short-term or long-term storage of motor vehicles. arking lot/tract or structure, commercial (auto) means an area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress. arking space means an off-street area, paved in accordance with city parking lot/tract standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street. awnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily pre-owned items are also allowed, provided that the sale of such items complies with local, state and federal regulations. ersonal service shop or custom personal services means establishments less than 2,000 square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his apparel and including, but not limited to, barber/beauty shops, dressmaking, shoe shining and repair, dry cleaning and laundry pickup stations, tailor or seamstress services, and other similar types of uses. No outside storage permitted. et and animal grooming shop means a retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals. etroleum distribution/storage/wholesale facility means a facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions. lanned development district means planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners. lanning and zoning commission means an agency appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. The planning and zoning commission is also referred to as the commission. lat means a plan showing the subdivision of land, creating building lot/tracts or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the city, and which is approved by the city and recorded in the plat records of the county. latted lot/tract. See Lot/tract and Lot/tract of record. layfield or stadium (private) means an athletic field or stadium owned and operated by an agency other than the city or the school district. layfield or stadium (public) means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play. ortable building sales means an establishment which displays and sells structures capable of being carried and transported to another location, but not including manufactured housing, as defined by this Chapter. orte-cochere. A roofed structure over a driveway, which connects to a primary or secondary building entrance, allowing a vehicle to pass through, or stop and discharge / load passengers while protected from the weather. remises means land together with any buildings or structures situated thereon. rimary use means the principal or predominant use of any lot/tract or building. rincipal building. See Main building. rivate club means an establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the

14 provisions of, that portion of Chapter 32 of the Texas Alcoholic Beverage Code, as amended, as the same may be hereafter amended, and as it pertains to the operation of private clubs. rivate recreation facility or private park means a recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public. roduce stand means a seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site. rofessional service means work performed which is commonly identified as a profession, and which may be licensed by the state. ropane sales means sales of gaseous substances commonly used for household purposes such as propane and/or butane; includes the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc. ublic agency building, shop, yard or facility means any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: the state, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the city is defined as municipal facility or use. ublic recreation means publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in this Code. ublic view means areas that can be seen from any public street. Rear yard. See Yard, rear. Recreation center means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities. Recreational vehicle/camper sales and leasing means an establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles. Recreational vehicle (RV) means a self-propelled, mobile living unit which is typically used for temporary human occupancy away from the users permanent place of residence. A recreational vehicle may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also Heavy load vehicle. ) Recreational vehicle (RV) park means an area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also Manufactured housing park ) Recycling kiosk means a small uninhabited structure, not to exceed one hundred twenty (120) square feet, or temporary container which provides a self-service location for the depositing of recyclable materials such as aluminum cans, glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers. Rehabilitation care facility (halfway house) means a dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit. Rehabilitation care institution means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Residence means the same as a dwelling; also, when used with district, an area of residential regulations. Residence hotel means a multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, clubhouse, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this Chapter. Residential district means a district where the primary purpose is residential use. Restaurant or cafeteria (with drive-through service) means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window.

15 Restaurant or cafeteria (with no drive-through service) means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which does not have a drive-through window. Restaurant or eating place (drive-in service) means an eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises. Retail or service, incidental, means the rendering of retailing or services incidental to the primary use. Such retail or service use shall be operated for the benefit of convenience of the employees, visitors or customers of the primary use. Incidental uses shall mean uses which occupy less than fifteen percent (15%) of the main use. Retail store or shop means an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Also see General retail stores. ) Retirement housing for the elderly (also independent living center or congregate housing) means a development providing self-contained dwelling units specifically designed for the needs of ambulatory elderly persons. Units may be rented or owner occupied. To qualify as retirement housing, a minimum of eighty percent (80%) of the total units shall have a household head fifty-five (55) years of age or greater. No long-term or permanent skilled nursing care or related services are provided. Room means a building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities. Roominghouse. See Boardinghouse. Salvage or reclamation of products means the reclamation and storage of used products or materials. (See also Wrecking yard. ) Sand, gravel or stone extraction and/or storage means the process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth. School, business, means a for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools. School, commercial trade, means a for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades. School, private (primary or secondary), means a school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools. School, public or parochial, means a school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools. Screened means shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature. Seasonal uses means the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year. Servant s quarters or guesthouse means an accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a fulltime basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities. Shopping center means a group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements. Side yard. See Yard, side. Single-family dwelling, attached, means a dwelling that is part of a structure containing more than two dwellings, which is joined to another dwelling at one or more sides by a shared wall, which is designed for occupancy by one family, and which is located on a separate lot/tract delineated by front, side and rear lot/tract lines.

16 Single-family dwelling, detached, means a dwelling designed and constructed as a freestanding structure for occupancy by one family, and located on a lot/tract or separate building tract having no physical connection to a building located on any other lot/tract or tract. Skilled nursing facility (also termed nursing home, convalescent home or long-term care facility) means a residence providing primarily inpatient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization. Small engine repair shop means a shop for the repair of lawnmowers, chainsaws, lawn equipment, and other machines with one-cylinder engines. Stable, commercial, means a stable used for the rental of stall space or for the sale or rental of horses or mules. Stable, private, means an area used solely for the owner s private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale. Storage or wholesale warehouse means a building used primarily for the storage of goods and materials. Story means that portion of a building (above grade) that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. For the purposes of computing building height pursuant to this Chapter, the average height for a story shall be defined as twelve feet (12'). The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories of a building shall be measured from a point representing the average slope from front to back, or side to side, of the building. Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story. Street means any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60'). Street intersection means any street which joins another street at an angle, whether or not it crosses the other. Street yard means the area between the building front line and the front property line. Structural alterations means any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water Studio for radio and television means a building or portion of a building used as a place for radio or television broadcasting. Studio, health/reducing/fitness, means, but is not limited to, an establishment which provides facilities and equipment which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only. No outside signage may be used to advertise accessory uses. Studio, tattoo or body piercing, means a building or portion of a building used for selling and/or applying tattoos, permanent cosmetics, and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body. Swimming instruction as a home occupation means the teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a specific use permit which may specify operating conditions and standards and which may limit the number of students and operating times. Swimming pool, commercial, means a swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee. Swimming pool, private, means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners. Tandem arking. Stacked parking spaces a minimum of nine (9') feet wide and thirty-eight (38') feet long that includes an enclosed parking space (garage) and the driveway approach to the garage at least eighteen (18') feet in length outside of any public right-of-way or fire lane easement. Such tandem parking spaces shall be counted as two

17 required parking spaces, up to a maximum of 50% of the required parking (25% garage and 25% stacked driveway space). Tavern/Bar means a place of business where customers gather to drink alcoholic beverages on the premise, licensed by TABC category where less than 75% of sales come from food or non-perishables. Telemarketing center means an establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises. Telephone and exchange, switching/relay or transmitting station means a line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards. Temporary means used or lasting for only a limited period of time; not permanent. Temporary building means any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, and does not require on-site installation of utilities and/or foundation. Temporary field office or construction yard or office means a structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the City Administrator or his/her designee and shall be subject to review and renewal for reasonable cause. Tennis court, private, means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the specific use permit. Theater or playhouse (indoor) means a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances. Theater, drive-in (outdoor) means an open lot/tract with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. Tire dealer, no open storage, means a retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage. Tire dealer, with open storage, means a retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage. Tool and machinery rental shop means a building or a portion of a building used for the display and rental of tools, machinery and instruments. Tract means a single individual parcel or lot/tract. Tractor sales. See Heavy machinery sales and storage. Trade and commercial schools. See School, commercial trade. Trailer, hauling, means a vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats. Trailer home. See Manufactured housing, mobile home. Trailer or manufactured housing space. See Manufactured housing space. Trailer park or court. See Manufactured housing park. Trailer rental means the display and offering for rent of trailers designed to be towed by automobiles and light load vehicles. Trailer, travel or camping, means a portable or mobile living unit which is used for temporary human occupancy away from the users permanent place of residence, which does not constitute the users principal place of residence, and which is designed to be towed behind another vehicle. Transportation and utility structures/facilities means permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations. Truck means a light or heavy load vehicle (see definitions for Light load vehicle and Heavy load vehicle ). Truck and bus leasing means the rental of new or used panel trucks, vans, trailers, recreational vehicles or motordriven buses in operable condition and where no repair work or intensive cleaning operations are performed. Truck and bus repair means an establishment providing major and minor automotive repair services to heavy load vehicles.

18 Truck sales (heavy trucks) means the display, sale or rental of new or used heavy load vehicles in operable condition. Truck stop means a facility for the parking, refueling and/or minor repair of heavy load vehicles, such as tractortrailer trucks. These facilities may also include retail sales of food and/or other items, restaurants, restroom/showers facilities, and/or temporary sleeping quarters. Truck terminal means an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. The term truck terminal may include facilities for the temporary storage of loads prior to shipment. Two-family dwelling (duplex) means two attached dwellings in one structure, each designed to be occupied by one family. Usable open space means an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten feet (10'), and may include landscaping, walks, recreational facilities, water features and decorative objects such as artwork or fountains. Use means the purpose for which land or buildings are or may be occupied in a zoning district. Utility distribution/transmission lines means facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the city or private utility company. Variance means an adjustment in the application of the specific regulations of this Chapter to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustment of the city can grant a variance. Veterinarian clinic means an establishment where animals and pets are admitted for examination and medical treatment (also see Kennels ). Wrecking yard (junkyard or auto salvage) means any lot/tract upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale. Yard means an open space at grade between a building and the adjoining lot/tract lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot/tract line and the main building shall be used. Yard, front, means an open, unoccupied space located in front of the front elevation of a building and extending across a lot/tract between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. Yard, rear, means an open, unoccupied area extending across the rear of a lot/tract measured between the lot/tract lines and being the minimum horizontal distance between the rear lot/tract line and the rear of the outside wall of the main building. On both corner lot/tracts and interior lot/tracts, the rear yard shall in all cases be at the opposite end of the lot/tract from the front yard. Yard, side, means an open, unoccupied area between the building and side line of the lot/tract and extending from the front lot/tract line to the rear lot/tract line and being the minimum horizontal distance between a side lot/tract line and the outside wall of the side of the main building. Zoning board of adjustment means a board which is appointed by the city council, and which is authorized to grant special exceptions or variances to this Chapter, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter. Also referred to as the BOA. Zoning district means a classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development. Zoning district map means the official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this Chapter. (See Section regarding the zoning district map and Section regarding zoning district boundaries). ARTICLE 2 - ZONING ROCEDURES AND ADMINISTRATION

19 DIVISION 1 - NONCONFORMING USES AND STRUCTURES Sec Intent of rovisions A. Within the districts established by this Chapter or amendments thereto, there may exist lot/tracts, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Chapter was enacted, amended or otherwise made applicable to such lot/tracts, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Chapter to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections of the Ordinance are met. B. It is further the intent of this Chapter that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. C. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved. Sec Nonconforming Status A. Any use, platted lot/tract or structure which does not conform with the regulations of this Zoning Ordinance on the effective date hereof, except as expressly provided in Section , shall be deemed a nonconforming use, platted lot/tract or structure provided that: 1. Such use, platted lot/tract or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or 2. Such use, platted lot/tract or structure was a lawful, nonconforming use, platted lot/tract or structure under the immediately prior zoning ordinance; or 3. Such use, platted lot/tract or structure was in existence at the time of annexation into the City, was a legal use of the land at such time, and has been in regular and continuous use since such time. B. Any other use, platted lot/tract or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Chapter, and except as provided in Section (C), shall be deemed to be in violation of this Chapter, and the City shall be entitled to enforce fully the terms of this Chapter with respect to such use, platted lot/tract or structure. C. The following types of platted lot/tracts shall be deemed in conformance with the provisions of this Chapter, notwithstanding the fact that such lot/tract does not meet the standards of this Chapter in the district in which it is located: 1. Any vacant lot/tract that conformed to the City s zoning district regulations at the time that it was platted; or 2. Any lot/tract occupied by a single-family dwelling authorized under the zoning district regulations in which the lot/tract is located. D. A lot/tract of record that is nonconforming may be occupied by a single-family dwelling. Sec Continuing Lawful Use of Land and Structures A. A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created. B. A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use. Sec Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structures or Land A. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Chapter and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied. B. A nonconforming use or structure shall be conclusively deemed abandoned, irrespective of any intent of the property owner, in the following circumstances: 1. The use ceases to operate for a continuous period of six (6) months; 2. The structure remains vacant for a continuous period of six (6) months; or

20 3. In the case of a temporary use, the use is moved from the premises for any length of time. C. The use of a nonconforming structure that has a replacement cost of two thousand dollars ($2,000.00) or less, which does not conform to the provisions of this Chapter, or any amendment thereto, shall be discontinued and the structure removed within six (6) months following the effective date of this Chapter. D. If the use of any lot/tract, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this Chapter is made nonconforming by this Chapter, then such storage use shall cease within six (6) months following the effective date of this Chapter. The lot/tract, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners. Sec Changing Nonconforming Uses A. A nonconforming use shall not be changed to another nonconforming use. B. A nonconforming use may be changed to a conforming use; however, once such change is made, the use shall not be changed back to a nonconforming use. C. A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use. Sec Expansion of Nonconforming Uses and Structures A. A nonconforming use may be extended throughout the structure in which it is located, except as set forth in Section (c), provided that: 1. The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; 2. No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and 3. The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming. B. A nonconforming use occupying a structure shall not be extended to occupy land outside the structure. C. A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Chapter. Sec Reconstruction or Repair of Nonconforming Structure A. If more than fifty percent (50%) of the total appraised value, as determined by the Tarrant County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Chapter. B. If less than fifty percent (50%) of the total appraised value, as determined by the Tarrant County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within six (6) months following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the six (6) months reconstruction period may be extended, at the sole discretion of the City Administrator or his/her designee. The denial of an extension may be appealed to the City Council. C. If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Section , above. D. Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Chapter. E. Nothing in this Chapter shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure s appraised value, as determined by the Tarrant County Appraisal District. If the repairs exceed fifty percent (50%) of the structure s appraisal value, the structure shall be demolished and may only be rebuilt in conformity with this Chapter.

21 F. Notwithstanding anything herein to the contrary, a single-family residence which is destroyed by an unintentional act of nature including fire shall be permitted to be reconstructed to the square footage in existence at the time of destruction, but not less than allowed in SF-B zoning (1,250 sq. ft.), with a front entry garage, without City Council or Board of Adjustment approval regardless of the extent of destruction, provided that the construction complies with all current building codes and standards and is commenced within six (6) months of the date of destruction or three (3) months after insurance settlement. The failure of the owner to start such reconstruction within six (6) months of issuance of a building permit shall forfeit the owner s right to restore or reconstruct the dwelling except in conformance with this Article. Sec Nonconforming Lot/Tracts Nothing in this Chapter shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Chapter. Sec Right to roceed reserved Nothing contained in this division is intended to alter any rights that may have accrued under prior regulations, pursuant to sections , and to of the Texas Local Government Code, as amended. DIVISION 2 - LANNING AND ZONING COMMISSION * Sec Function The lanning and Zoning Commission (also referred to as the Commission ) shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the lanning and Zoning Commission are further defined in Section of this Article. Sec Created; Membership; Officers; Rules and Bylaws A. There is created, in accordance with Chapter 211 of the Texas Local Government Code the lanning and Zoning Commission, hereinafter sometimes referred to as the Commission, which shall consist of at least seven (7) registered voters of the City of Westworth Village. B. Members shall be nominated for appointment by the City Council of the City of Westworth Village, and each person so nominated shall be approved by a simple majority vote of the full City Council before becoming a member of the Commission. C. All appointments to the Commission shall serve as a member of the Commission for a term of two (2) years or until removed from the Commission by the City Council. The City Council may remove or replace any Commission member at any time by a simple majority vote of the full Council. Three of such members terms shall expire on May 31 of even-numbered years and four on May 31 of odd-numbered years. D. Any vacancy(ies) on the Commission shall be filled for the remainder of the unexpired term via appointment by a simple majority vote of the full City Council. E. Members of the lanning and Zoning Commission serve at will and may be removed from office at any time by a simple majority vote of the full City Council either upon its own motion or upon recommendation of the lanning and Zoning Commission. Failure to attend three (3) consecutive regular meetings shall be cause for removal from office, unless such absences were due to unusual circumstances beyond the member s control such as sickness of the member or someone within the member s immediate family. F. The members of the Commission shall regularly attend meetings and public hearings of the Commission, shall serve without compensation, and shall not hold any other office or position with the City while serving on the Commission. G. The Commission shall elect from its members a Chairman and Vice-Chairman to serve for one (1) year. The City of Westworth Village shall keep minutes of all meetings held by the lanning and Zoning Commission as well as the full record of all recommendations made by the Commission to the City Council. H. The Commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the City Council, and such rules, regulations and bylaws shall be subject to approval by the City Council. Such rules, regulations and bylaws shall include, among other items, provisions for:

22 1. All regular and special meetings to be open to the public, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended; 2. A record to be kept of all proceedings, to be open for inspection by the public, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended; 3. Reporting to the governing body and the public, from time to time and annually as requested; and 4. Rules of order and the holding of public hearings on its recommendations. Sec Meetings; ublic Record The lanning and Zoning Commission shall meet in the City Hall building or in some other specified location as may be designated by the presiding Chairperson and at such intervals as may be necessary to orderly and properly transact the business of the Commission. Sec owers and Duties A. The Commission shall have all the rights, powers, privileges and authority as authorized and granted by and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in Chapters 211 and 212 of the Texas Local Government Code, as amended. B. The lanning and Zoning Commission shall be an advisory body and adjunct to the City Council, and shall make recommendations regarding amendments to the Comprehensive lan, changes of zoning for real property, Zoning and Subdivision Ordinance amendments, approval of plats of subdivisions, and other planning-related matters. The lanning and Zoning Commission shall conduct a regular review of the City s Comprehensive lan and shall be prepared to make recommendations to the City Council, as deemed necessary, to keep the City s Comprehensive lan current with changing conditions and trends and with the planning needs of the City. The lanning and Zoning Commission shall also serve in an advisory capacity on any other planning-related matter(s) in the City, including the periodic review of the City s impact fee ordinance(s). Sec rocedure on Zoning Hearings The procedure and process for zoning changes and Zoning Ordinance amendments shall be in accordance with Division 4 of this Article. Sec Joint Meetings with the City Council Whenever the City Council and the lanning and Zoning Commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is determined to be in the best interest of the City to do so, the City Council and the lanning and Zoning Commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings. DIVISION 3 - BOARD OF ADJUSTMENT * Sec Created There is hereby created a Board of Adjustment, hereafter referred to as the Board for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to, to grant variances from and to hear appeals regarding the terms of this Chapter that are consistent with the general purpose and intent of this Chapter. Sec Members; Terms of Office A. As authorized by Sec (g), Texas Local Government Code, members of the city council shall act as the Zoning Board of Adjustment with the Mayor being an alternate member. B. The Mayor ro-tem shall act as the Chair of the Board of Adjustment. C. The Mayor, as an alternate member, shall only participate in the absence of a member. D. The Board shall have the power to make the rules, regulations and bylaws for its own governance, which shall conform as nearly as possible to those rules, regulations and bylaws governing the City Council.

23 Sec Meetings Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public, and minutes shall be kept of all proceedings at Board meetings. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board shall always be heard by at least seventy-five percent (75%) of the members, which constitutes four (4) members. Sec Authority of Board of Adjustment A. The Board shall have the authority, subject to the standards established in Sections through of the Texas Local Government Code, as amended, and those established herein, to exercise powers and to perform duties including the following: 1. Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter; 2. Hear and decide special exceptions to the terms of this Chapter when the ordinance requires this Board to do so; 3. Authorize, in specific cases, a variance from the terms of this Chapter if the variance is not contrary to the public interest and if, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of this Chapter is observed and substantial justice is done; and 4. Hear and decide other matters authorized by ordinance. B. In exercising its authority under Section (A)(1) above, the Board may reverse or affirm, in whole or in part, or modify the administrative official s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official. C. The concurring vote of at least seventy-five percent (75%), or four (4) members, of the full Board is necessary to: 1. Reverse an order, requirement, decision or determination of an administrative official; 2. Decide in favor of an applicant on a matter on which the Board is required to review under this Zoning Ordinance; 3. Authorize a variance from a provision of this Zoning Ordinance; or 4. Hear and decide special exceptions to a provision of this Zoning Ordinance, as set forth in Section Sec Limitations on Authority A. The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in Section B. The Board shall have no power to grant or modify Special Exceptions authorized under this Chapter. Sec Variances A. The Board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance with the terms of this Chapter. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot/tract width or depth, or parking requirements may be granted. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein below required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community. B. Conditions Required for Variance. No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with Section of this Chapter and the Board shall make findings:

24 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his/her land; 2. The circumstances or conditions are not economic hardships created by the property owner; 3. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 4. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and 5. That the granting of the variance will not have an adverse effect on surrounding properties, preventing the use and enjoyment of other land within the area in accordance with the provisions of this Chapter. Such findings of the Board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Chapter so that the public health, safety and welfare may be secured and that substantial justice may be done. C. Findings of Undue Hardship. In order to grant a variance, the Board must make findings that an undue hardship exists, using the following criteria: 1. That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property; 2. That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; 3. That the relief sought will not injure the permitted use of adjacent conforming property; and 4. That the granting of a variance will be in harmony with the spirit and purpose of the Ordinance. D. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this Chapter on other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land. E. The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone. Sec Special Exceptions A. Special Exceptions for Nonconforming Uses and Structures. Upon written request of the property owner, the Board may grant special exceptions to the nonconforming uses and structures provisions of Section , limited to the following, and in accordance with the following standards: 1. Expansion of the land area of a nonconforming use, up to a maximum of ten percent (10%); or 2. Expansion of the gross floor area of a nonconforming structure, up to a maximum of twenty-five percent (25%), provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property; or 3. Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon a finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land. 4. In granting special exceptions under this Section, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the Zoning Ordinance. 5. To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

25 6. To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance. 7. Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. 8. The Board may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this Zoning Ordinance, or if it will otherwise improve or enhance public health, safety or welfare. Sec Appeals to the Board of Adjustment A. Authority. In addition to the authorization of variances and special exceptions from the terms of this Chapter, the Board shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter, or other provision of the Code of Ordinance where authorized. The Board may reverse or affirm, in whole or in part, or may modify the administrative official s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board has the same authority as the administrative official. B. Who May Appeal. Any of the following persons may appeal to the Board a decision made by an administrative official: 1. A person directly aggrieved by the decision; or 2. Any officer, department, board or office of the City affected by the decision. 3. rocedure for Appeal. The appellant must file with the Board and the official from whom the appeal is taken a written Notice of Appeal specifying the grounds for the appeal. The Notice of Appeal shall be filed within fifteen (15) calendar days after the decision has been rendered. Upon receiving the Notice, the official from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed. The Board may hold an expedited hearing in the event the official, from whom the appeal is taken, certifies in writing to the Board facts supporting the official s opinion that a stay would cause imminent peril to life or property. The appellant party may appear at the appeal hearing in person, by agent or through an attorney. The Board shall decide the appeal within thirty (30) calendar days after the written appeal request was received. The Board may reverse or affirm, in whole or in part, or modify the administrative official s order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination. Sec rocedures A. Application and Fee. An application for a variance, special exception or appeal by the Board shall be made in writing using forms prescribed by the City, and shall be accompanied by an application fee, as set forth in the currently adopted City Fee Schedule, a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale. B. Review and Report by the City. The City Administrator or his/her designee shall visit the site where the application for the proposed variance or special exception would apply and the surrounding area, and shall report his/her findings to the Board. C. Notice and ublic Hearing. The Board shall hold a public hearing for consideration of the variance or special exception request no later than forty-five (45) calendar days after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within two hundred feet (200') of the affected property at least ten (10) calendar days prior to the public hearing. Notice shall also be published in the official local newspaper before the fifteenth (15th) calendar day prior to the public hearing.

26 D. Action by the Board of Adjustment. The Board shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in Section has been satisfied. The Board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this Chapter. E. Burden of roof. The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the Board. F. Waiting eriod. No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a period of six (6) months following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the Board or the City Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the Board, but such circumstances shall in no way have any force in law to compel the Board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property. Sec Finality of Decisions; Judicial Review All decisions of the Board are final and binding. However, any person aggrieved by a decision of the Board may present a verified petition to a court of record which states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board s decision is filed in the City Secretary s office. The Board s decision shall be deemed filed in the office of the Board on the first (1st) business day following the date on which action was taken by the Board. DIVISION 4 - AMENDMENTS TO ZONING ORDINANCE AND DISTRICTS, ADMINISTRATIVE ROCEDURES, AND ENFORCEMENT * Sec Declaration of olicy and Review Criteria A. The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except: 1. To correct any error in the regulations or map; 2. To recognize changed or changing conditions or circumstances in a particular locality; 3. To recognize changes in technology, the style of living, or manner of conducting business; 4. To change the property to uses in accordance with the City s adopted Comprehensive lan; or 5. To promote the general welfare of the community in furtherance of legitimate governmental objectives. B. In making a determination regarding a requested zoning change, the lanning and Zoning Commission and the City Council shall consider the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the City as a whole; 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area; 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development; 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change; 5. How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and 6. Any other factors which will affect or impact the public health, safety, morals, or general welfare. Sec Authority to Amend Ordinance

27 A. The City Council may from time to time, after receiving a recommendation thereon by the lanning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any amendment to the Zoning Ordinance text or to zoning district boundaries may be ordered for consideration by the City Council, may be initiated by the lanning and Zoning Commission, or may be requested by the owner of real property, or his/her authorized representative. B. Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per Section below), or by the lanning and Zoning Commission or the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner. C. No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Westworth Village, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant s responsibility to provide evidence or proof that all taxes have been paid. Sec Application A. Each application for zoning, rezoning, a Specific Use ermit (SU), or for a text amendment to a provision(s) of this Zoning Ordinance, shall be made in writing on an application form available in the City Administrator s or his/her designee s office. The application shall be delivered to the City and shall be accompanied by payment of the appropriate fee as established in the currently adopted City Fee Schedule. An accurate metes and bounds description of the subject property, or other suitable legal description, a survey, and other appropriate exhibits such as site plans, maps, architectural elevations, information about proposed uses, and any other information that is determined necessary by the City Administrator or his/her designee shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in Section , shall also be submitted along with the formation of a lanned Development (D) district. B. All zoning change requests involving real property shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner s agent to file the zoning change request. C. Official Submission Date and Completeness of Application. 1. For the purpose of these regulations, the official submission date shall be the date upon which a complete application for a zoning change request, containing all elements and information required by this Chapter, is submitted to the City Administrator or his/her designee. No application shall be deemed officially submitted until the City Administrator or his/her designee determines that the application is complete and a fee receipt is issued by the City. Failure by the City Administrator or his/her designee to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the official submission date shall become the 10th calendar day following initial receipt of the application by the City. 2. Zoning applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the City and shall not be scheduled on a lanning and Zoning Commission agenda until the proper information is provided to City staff. Sec Notice of ublic Hearing A. For zoning and rezoning requests involving real property, the lanning and Zoning Commission shall hold at least one public hearing on each zoning application, as required in Texas Local Government Code Chapter 211, as amended. For proposed changes to zoning district boundaries, notice of the public hearing to occur before the lanning and Zoning Commission shall be accomplished by providing written notice of the public hearing to be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent

28 before the tenth (10th) calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail. Changes in the Ordinance text which do not change zoning district boundaries do not require written notification to individual property owners. B. The City may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application. The City shall make available one (1) copy of all rules and procedures in the City Administrator s office. C. Sign osting. There shall be erected at least one (1) sign on the property proposed to be rezoned, which sign shall have the total area of at least four (4) square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council, or upon a withdrawal of the request by the applicant, whichever comes first. The sign shall state that the property posted is under consideration by the City for a zoning change request and shall contain the telephone number to contact city hall for specific information about the scheduled hearing date and the requested zoning action. The erection or continued maintenance of the sign shall not be deemed a condition precedent to the granting of any zone change or the holding of any public hearing. Sec lanning and Zoning Commission Consideration and Recommendation A. The lanning and Zoning Commission shall perform its duties in accordance with Section and with applicable provisions in the City s Code of Ordinances. B. The Commission shall hold a public hearing on a zoning or rezoning request. After all public input has been received and the public hearing closed, the Commission shall make its recommendations on the proposed zoning request and concept plan, if applicable, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the City s Comprehensive lan. The lanning and Zoning Commission may, on its own motion or at the applicant s request, defer its decision/recommendation from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Commission elects to defer the request, such deferment shall specifically state the time period of the deferment by citing the meeting date whereon the request will reappear on the Commission s agenda, and further notice in the newspaper and to surrounding property owners shall not be required. C. When the Commission acts upon a zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or disapproval of the request. The lanning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The lanning and Zoning Commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the lanning and Zoning Commission fails to finally report after sixty (60) days, it should be deemed to have recommended negatively to the proposal. If the Commission s recommendation is to approve the request, either as submitted or with additional conditions, then the request will be automatically forwarded to the City Council for a public hearing thereon, as provided in Section below. D. Withdrawal. Any proposal or application may be withdrawn by the proponent after the lanning and Zoning Commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the City Council will not consider it. Sec City Council Consideration A. Applications Forwarded from the lanning and Zoning Commission to the City Council. 1. Every zoning application which is recommended for approval or approval with conditions by the lanning and Zoning Commission shall be automatically forwarded to the City Council for a public hearing to be held following appropriate public hearing notification by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar

29 day prior to the date of the public hearing. The City Council may then approve the request, approve it with conditions, or disapprove it by a majority vote of the Council members present and voting. 2. An application which is recommended by the lanning and Zoning Commission for denial will be forwarded to the City Council. Ultimate approval of any zoning request which was recommended for denial by the lanning and Zoning Commission will require a three-fourths majority vote of the full City Council. No zoning change, however, shall become effective until after the adoption of an ordinance by the City Council for same and its publication as required by law. B. City Council Action on Zoning, Rezoning or Text Amendment Requests. After a public hearing is held before the City Council regarding the zoning application, the City Council may approve the request in whole or in part, deny the request in whole or in part, defer the application to a future meeting, specifically citing the City Council meeting to which it is deferred, or it may refer the application back to the lanning and Zoning Commission for further study. 1. If the City Council approves the request, then Section (D) will apply. 2. If the City Council denies the request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the Zoning Ordinance, in the case of a text amendment request submitted by a property owner or citizen, for a period of one (1) year following the denial. Where the request was initiated by the City and involved a proposed amendment to the text of the Zoning Ordinance, a waiting period is not required before the request can be reconsidered. The City Council may, at its option, waive the one-year waiting period. C. rotests. For zoning and rezoning requests involving real property, a favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) or more of the land area covered by the proposed change, or of the land area within two hundred feet (200') of the subject property, in accordance with the provisions of Section of the Texas Local Government Code. If a protest against such proposed zoning change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending two hundred feet (200'), such zoning change shall not become effective except by a three-fourths vote of the full City Council. D. Final Approval and Ordinance Adoption. Upon approval of the zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City Administrator or his/her designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the City Council takes action to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct description and all required exhibits have been submitted to the City Administrator or his/her designee and the amending ordinance shall not be formally adopted until it is adopted by the City Council, signed by the Mayor, and attested by the City Secretary. Sec Administration and Enforcement A. The City Administrator or his/her authorized representative, shall administer and enforce the provisions of this Chapter. If the City Administrator or his/her authorized representative finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this Chapter are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice shall be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The City Administrator or his/her authorized representative shall have the right to enter upon any premises at any reasonable time in conformance with local and state laws, for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Chapter. B. Stop Work Orders. Whenever any building or construction work is being done contrary to the provisions of this Chapter, the City Administrator or his/her authorized representative shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the City to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this Chapter, in accordance with Section (enalty for Violations), and may incur penalties for such violation. Sec Schedule of Fees, Charges and Expenses

30 A. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal. The City Council, upon the recommendation of the lanning and Zoning Commission, shall determine and adopt a fee schedule for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings, that are called for in this Chapter, as set forth in the currently adopted City Fee Schedule, for the City s filing fee schedule. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant s ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the City in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval, in accordance with Section (C), the City Administrator or his/her designee shall issue a fee receipt and shall create a case file as a permanent City record thereof. DIVISION 5 - BUILDING ERMITS; CERTIFICATES OF OCCUANCY AND COMLIANCE Sec Building ermits Required A. No building or other structure valued at more than $ shall be erected, moved, added to, or structurally altered without a permit, issued by the City Administrator or his/her designee. No building permit shall be issued except in conformity with the provisions of this Ordinance, except after written order from the Zoning Board of Adjustment. B. Application for Building ermit. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the City Administrator or his/her designee of the building and land, the number of families, housekeeping units or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance. One copy of the plans shall be returned to the applicant by the City Administrator or his/her designee after they shall have marked such copy either as approved or disapproved and attested to it by their signature on such copy. The second copy of the plans, similarly marked, shall be retained by the City Administrator or his/her designee. C. Certificates of Zoning Compliance for New, Altered, or Nonconforming Uses. It shall be unlawful to use or occupy or permit the use of occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the City Administrator or his/her designee stating that the proposed use of the building or land conforms to the requirements of this Ordinance. D. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the City Administrator or his/her designee. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this Ordinance, owners or occupants of nonconforming uses or structures shall have three months to apply for certificate of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this Ordinance. E. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work. F. A temporary certificate of zoning compliance may be issued by the City Administrator or his/her designee for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. G. The City Administrator or his/her designee shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person. H. Failure to obtain a certificate of zoning compliance shall be a violation of this Ordinance and punishable under Section of this Ordinance.

31 I. Expiration of Building ermit. If the work described in any building permit has not begun within one hundred eighty (180) days from the date of issuance thereof, said permit shall expire; it shall be canceled by the City Administrator or his/her designee; and written notice thereof shall be given to the persons affected. J. Building ermit Time Limits. If the work described in any building permit has not been substantially completed within one (1) year of the date of issuance thereof, said permit shall expire and be canceled by the City Administrator or his/her designee, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. K. Information rovided in Applications, lans, ermits, and Certificates of Zoning Compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the City Administrator or his/her designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, construction, or variance which is unauthorized shall be deemed violation of this Ordinance, and punishable as provided by Section hereof. Sec Cancellation of Building ermit Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this Chapter, shall render such building permit void, and the City Administrator or his/her designee is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this Chapter. Sec Certificate of Occupancy A. A Certificate of Occupancy shall be required for any of the following: 1. Occupancy and use of a nonresidential building hereafter erected or structurally altered; 2. Change in use of an existing nonresidential building to a use of a different classification; and 3. Change in the use of land to a use of a different classification. 4. Any change to a building as defined by Section of the City of Westworth Village Code of Ordinances. B. No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the City Administrator or his/her designee. The application fee(s) for a Certificate of Occupancy shall be as set forth in the currently adopted City Fee Schedule. C. A record of all Certificates of Occupancy shall be kept on file in the City Administrator s office, or his/her designee office, and copies shall be furnished upon request to any person in accordance with State laws governing public records. D. rocedure for New or Altered Buildings. Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said Certificate shall be issued after the City Administrator or his/her designee orders the building or structure inspected and finds no violations of the provisions of this Chapter or other regulations which are enforced by the City Administrator or his/her designee. Said Certificate shall be issued by the City Administrator or his/her designee after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this Chapter. E. rocedure for a Change in Building Use. Written application for a Certificate of Occupancy for the use of or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the City Administrator or his/her designee. If the proposed use is found to be in conformity with the provisions of this Chapter, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the City Administrator or his/her designee. F. Contents of Certificate of Occupancy. Every Certificate of Occupancy shall contain the following: 1) building permit number; 2) the address of the building; 3) the name and address of the owner; 4) a description of that portion of the building for which the Certificate is issued; 5) a statement that the described portion of the building has been inspected for compliance with the requirements of the City s Building Codes for the particular group and division of

32 occupancy; 6) the name of the City Administrator or his/her designee; 7) use(s) allowed; 8) maximum number of persons/occupants; and 9) issue date of Certificate of Occupancy. G. osting of Certificate of Occupancy. The Certificate of Occupancy for all commercial buildings shall be posted in a conspicuous place on the premises and shall not be removed except by the City Administrator or his/her designee. H. Revocation of Certificate of Occupancy. The City Administrator or his/her designees, may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this Chapter whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this Chapter or the building code and other codes adopted by the City, and any amendments thereto. Sec Completion of Buildings in rogress Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this Chapter, and the remaining construction of which shall have been completed within one (1) year following the effective date of this Chapter. In addition, any nonresidential building or structure for which a building permit has been approved by the City not more than one (1) year prior to the effective date of this Chapter may be constructed according to the terms of that building permit. DIVISION 6 - CONCET LAN AND SITE LAN REVIEW ROCESSES Sec urpose of Site lans This Section establishes a site plan review process for proposed nonresidential, mixed use and higher density residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, coverage, and other utilities and services. Sec Applicability A. Site plan review and approval shall be required for all nonresidential, mixed use, townhouse, single-family attached, and multi-family residential projects and structures, and for any lanned Development district or Specific Use ermit. Authorized nonresidential structures within a residential zoning district are subject to the site plan review and approval requirements of this division. B. No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the City. The site plan review process shall include up to three (3) steps: 1. re-application conference; 2. Site plan review/approval; and 3. Construction of project (after City approval of required site plan and other associated plans, including construction plat and engineering plans). Sec Exemptions and Exceptions Site plan review shall not be required for single-family residential developments, unless the proposed subdivision will include a private amenity, facility or a golf course. In these instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area, pursuant to Section (A)(10). Sec Site lan Submission Requirements A. All required items and/or information for an application for a site plan must be received by the City Administrator or his/her designee in order for the application to be considered complete, pursuant to Section Section , and incomplete submissions will not be reviewed until all deficient items and information have been received. The site plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale

33 no smaller than one inch equals one hundred feet (1" = 100') and on sheets twenty-four inches by thirty-six inches (24" x 36"), and it shall clearly show in detail how the site will be constructed. The site plan shall include, but not be limited to the following: 1. An application form, provided by the City, with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property. 2. Appropriate filing fee, as set forth in the currently adopted City Fee Schedule. 3. Verification that all taxes and assessments on the subject property have been paid, pursuant to Section A title block within the lower right-hand corner of the site plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Tarrant County, Texas; 5. A vicinity or location map that shows the location of the proposed development within the City, and in relationship to existing roadways; 6. The boundary survey limits of the tract and each proposed lot/tract and scale distances with north clearly indicated; 7. The names of adjacent additions or subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, creeks, etc.; 8. The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, with recording information; existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks, including the 100-year floodplain, if applicable; any other important natural features, such as rock outcroppings, caves, wildlife habitats, etc.; and all substantial natural vegetation; 9. roposed strategies for tree preservation including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction; 10. The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets, lot/tracts and blocks, proposed driveways including driveway widths and distances between driveways, proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings; 11. Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages (for multi-tenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; floodplains/drainage ways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development-related features; 12. A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.) any existing wooded areas, trees to be planted, and irrigation plans, if required; and 13. Color building facade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the City Administrator or his/her designee. 14. Copies of the site plan (on 24" x 36" sheet, and drawn to a known engineering scale that is large enough to be clearly legible), and other required information, the quantity of which shall be determined by the City Administrator or his/her designee.

34 15. General layout for the required public improvements, such as water, wastewater, grading/storm drainage, water quality, fire lanes and hydrants, screening and landscaping, the quantity of which shall be determined by the City Administrator or his/her designee. 16. Reduced copies (11" x 17") of the site plan as required by the City Administrator or his/her designee. 17. One set of all site plan pages submitted to the City in a readily readable digital format burned onto a CD-ROM. 18. Any additional information/materials, such as plans, maps, exhibits, legal description of property, information about proposed uses, and other information deemed necessary by the City Administrator or his/her designee in order to ensure that the development request is understood. 19. If the application is for a single-family subdivision, a construction plat may qualify as a site plan, notwithstanding other information contained herein that may still be deemed as required with the application. B. To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the City Administrator or his/her designee shall have the authority to update such requirements for site plan and development review applications. It is the applicant s responsibility to be familiar with, and to comply with, these requirements. C. Extent of Area that should be Included in a Site lan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed. D. Effect of Review. The site plan shall be considered authorization to proceed with construction of the site provided all other required City approvals are obtained, including but not limited to a construction plat, engineering plans, landscape plan, building facade and elevation plans, and building permits. Sec ayment of All Indebtedness Attributable to Subject roperty No person who owes delinquent taxes, fees, delinquent paving or other assessments, impact fees, or any other delinquent debts or obligations to the City of Westworth Village, and which are directly attributable to a piece of property shall be allowed to submit an application for site plan approval until the taxes, fees, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant s responsibility to provide evidence or proof that all taxes, debts and obligations have been paid. Sec Official Submission Date and Completeness of Application A. For the purpose of these regulations, the official submission date shall be the date when a complete application for approval of a site plan which contains all elements and information required by this Chapter is submitted to the City Administrator or his/her designee. No application shall be deemed officially submitted until the City Administrator or designee determines that the application is complete and a fee receipt is issued by the City. Failure by the City Administrator or his/her designee to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the official submission date shall become the 11th calendar day following initial receipt of the application by the City. B. Site plan applications which do not include all required information and materials, as referenced in this Chapter and per other City development review policies which may change from time to time, will be considered incomplete, and shall not be accepted for official submission by the City; therefore, the application shall not be scheduled on a lanning and Zoning Commission agenda until the proper information is provided to City staff. Sec Supplemental Requirements The City s staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, materials sample board, and similar information. Approval of a site plan may establish conditions for construction based upon such information.

35 Sec rinciples and Standards for Site lan Review and Evaluation The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Westworth Village, and to ensure that all developments are, to the best extent possible, constructed according to the City s codes and ordinances. The City Administrator or his/her designee shall review the concept plan or site plan for compliance with all applicable City ordinances; for harmony with surrounding uses and with long-range plans for the future development of Westworth Village; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare. Site plan review and evaluation shall be performed with respect to the following: A. The plan s compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Westworth Village. B. The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood. C. The relationship of the development to adjacent uses in terms of harmonious design, facade and elevation treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts. D. The provision of a safe and efficient vehicular and pedestrian circulation system. E. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. F. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings. G. The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare lan of the City of Westworth Village, as amended. H. The use of landscaping and screening walls to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design. I. Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties. J. The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses. K. rotection and conservation of soils from erosion by wind or water or from excavation or grading. L. rotection and conservation of water courses and areas that are subject to flooding. M. The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants. Sec Site lan Approval rocess and Revisions A. re-application Conference. The applicant(s) should avail themselves of the advice and assistance of the City officials, and should consult early and informally with the City Administrator or his/her designee and other applicable administrative officers before preparing a site plan in order to save time, money and to avoid potential unnecessary delays. rior to formal application for approval of any concept plan or site plan, the applicant(s) shall request and attend a pre-application conference with the City Administrator or his/her designee and any other pertinent City official(s) in order to become familiar with the City s development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer and/or surveyor. B. City Staff Review. Upon official submission of a complete application for site plan approval, the City shall commence technical review of the development proposal by forwarding a copy of the application to development review team members. Development review team members shall review the application and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the site plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the City Administrator or his/her designee no later than seven (7) calendar days prior to the lanning and Zoning Commission meeting. Failure to resubmit corrected copies of the site plan back to the City no later than seven (7) days before the lanning and Zoning Commission meeting, shall be cause for the City Administrator or his/her designee to forward the site plan application to the Commission as it was originally submitted rather than the corrected version. If, upon resubmission of the corrected site plan to the City, the City Administrator or his/her

36 designee determines that the application is still incomplete or not correct, the site plan application may be subject to denial. C. Action by the lanning and Zoning Commission and the City Council. All site plan applications shall be reviewed by the lanning and Zoning Commission, and if in conformance with the provisions of this Chapter and all other applicable regulations and codes of the City, the application shall then be considered for approval by the City Council in conformance with the procedures set out in Section and the following: The lanning and Zoning Commission shall review the site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the site plan. If the lanning and Zoning Commission recommends approval of the site plan, with or without conditions, it will be forwarded to the City Council for consideration. If the lanning and Zoning Commission recommends disapproval of a site plan application, the Commission shall state such disapproval. The City Council shall consider the site plan at a public meeting. The City Council may also, where appropriate, remand the site plan application back to the Commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony). The City Council shall determine final approval or disapproval of all site plan applications. D. Revisions to the Approved Site lan. 1. Minor Revisions/Amendment. It is recognized that final architectural and engineering design may necessitate minor changes in an approved site plan. In such cases, the City Administrator, or his/her designee shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an amended site plan which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council s approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Administrator or his/her designee. If the City Administrator or his/her designee refuses to approve an amended site plan, then the applicant shall resubmit the amended site plan as a revised site plan as described in Subsection (2) below, whereupon the revised site plan shall be scheduled for consideration by the lanning and Zoning Commission and City Council. 2. Major Revisions. In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a revised site plan must be resubmitted, reviewed by the City Administrator or his/her designee and reconsidered by the lanning and Zoning Commission and the City Council in accordance with the site plan review and approval procedures set forth in this Section. Sec Lapse of Site lan Approval The approval of a site plan shall be effective for a period of two (2) years, in accordance with the provisions of Section of the Texas Local Government Code, as amended. Sec Extension and Reinstatement rocedure A. rior to the lapse of approval for a site plan, the applicant may submit a written petition to the City Administrator or his/her designee to extend the time for plan approval. Such petition shall be considered at a public meeting before the lanning and Zoning Commission and a recommendation forwarded to the City Council for action, and then City Council may grant an extension at such meeting. If no petition for extension of site plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for site plan approval shall be deemed a new project ; shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this article; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made. B. In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the site plan at that point in time. The City Council shall either extend the site plan or deny the request, in which instance the originally approved site plan shall be deemed null and void. The property owner must thereafter submit a new site plan application for approval as a new project, and shall conform to the zoning and development regulations then in effect.

37 Sec Concept lan Requirements A. Applicability. Submission and approval of a concept plan, if required, can be the first step in the approval process for a development project, either residential or nonresidential, if the applicant prefers to do so. City review and approval of a concept plan has many benefits for both the City and the applicant. The applicant benefits in that he/she gains preliminary review and scrutiny as well as input and suggestions on the overall conceptual layout of the proposed development from the City s development review team. Approval of a concept plan may also offer the applicant some level of confidence that subsequent plan submissions will be favorably received and approved with few major changes to the project s design and layout provided that the project complies with City regulations. For example, once the site plan and construction plat are submitted for a nonresidential project, unforeseen changes in site layout can prove to be expensive in terms of design and engineering costs and time lost due to major plan revisions. The City benefits in that it is allowed to become familiar with and involved in the project early in the development process. This allows the City to plan for and closely coordinate the provision of public facilities and services, thereby potentially avoiding future problems such as undersized utility lines, inadequate roadway capacities, unanticipated shortfalls in public services, and fiscal inefficiencies resulting from lack of planning and coordination. Submission and approval of a concept plan is mandatory for a zoning request for a lanned Development. Submission and approval of a concept plan is encouraged, but not required, in the following circumstances: 1. In conjunction with a zoning or rezoning request for a property that is intended for development; 2. rior to submission of an application for a site plan and/or construction plat for a property that is intended for development; or 3. In conjunction with any project where a road is to be established or realigned. B. urpose. The purpose of a concept plan is to allow opportunity for the lanning and Zoning Commission and City Council to preview various development-related aspects of the project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance with the Zoning Ordinance, Subdivision Ordinance, and other applicable plans and guidelines; and the property s relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community. C. Extent of Area that Should be Included in a Concept lan. When the overall development project is to be developed in phases, the concept plan area shall include the entire zoned property from which the phases are being developed, as well as an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area. D. rocedures and Submission Requirements for Concept lan Approval. Submission of an application for concept plan approval shall be preceded by a pre-application conference with the City, pursuant to Section (A). The concept plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets twenty-four inches by thirty-six inches (24" x 36"), and it shall show the following: 1. A title block within the lower right-hand corner of the concept plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer, architect or surveyor responsible for the design or survey, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Tarrant County, Texas; 2. A vicinity or location map that shows the location of the proposed development within the City, and in relationship to existing roadways; 3. The boundary survey limits of the tract and scale distances with north clearly indicated; 4. The names of adjacent subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, creeks, etc. The

38 concept plan shall include a depiction of all contiguous holdings of the property owners, the existing/proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lot/tracts and any residential uses anticipated, and a generalized circulation plan for the subject property; 5. The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, including recording information; existing buildings; railroad rights-of-way; topography (contours at five-foot intervals) with existing drainage channels or creeks, including the 100-year floodplain, if applicable; any other important natural features, such as rock outcroppings, caves, wildlife habitats, etc.; all substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries; 6. roposed strategies for tree preservation, including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction; 7. The layout and width (i.e., right-of-way lines) of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lot/tracts and blocks, including proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings; and 8. A general arrangement of land uses and buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages, massing, orientation, loading/service areas, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas; any proposed sites for parks, schools, public facilities, public or private open space; floodplains/ drainageways; and other pertinent development-related features. E. Effect of Review. The concept plan shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed formal authorization or approval by the City until a final site plan is approved for the development. If the applicant chooses to construct only the initial phase(s) of a multi-phase project designated in the concept plan, a new concept plan may be required for site plan approval of subsequent phases, if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next. The approved concept plan shall be valid pursuant to the provisions of Section ARTICLE 3 - ZONING DISTRICTS DIVISION 1 - GENERALLY Sec Zoning Districts Established The City of Westworth Village, Texas is hereby divided into the following zoning districts. The use, height, area regulations, and other standards, as set out herein apply to each district. The districts established herein shall be known as: Table Zoning Districts Zoning Designation Residential Zoning Districts SF-A SF-B SF-C SF-R MH MF Large lot Single-Family Residential Single-Family Residential Custom Single-Family Residential Single-Family Redevelopment Manufactured Housing Multifamily Residential

39 Zoning Designation Nonresidential Districts GC O C LI Golf Course Office Commercial Light Industrial

40 Sec Summary of Area Regulations Table DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS Minimum Lot Size And Dimensions Minimum Yard Setback (Ft.) Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street arking Spaces Max Height Ft. Max Imperv Cover SF-A SF-B SF-C.1 Large Lot Single- Family Residential Single-Family Residential Custom Single- Family Residential (25% of District) 20, * 35 35% 7, * 27 50% 2, /0 5 2* 35 70% SF-C.2 Custom Single- Family Residential (75% of District) 7,200 (avg) * 35 70% SF-R Single-Family Redevelopment 6, (rear access) 60 (front access) None 20' (residence at least 30' from street) 5 10 for primary structure 5 for front accessed rear parking structure 2* 35 70% MH Manufactured Housing Residential 7, * 27 50% MF Multifamily Residential 10, *See provisions for parking for each zoning district as well as Section By unit size Section %

41 Minimum Lot Size and Dimensions DIMENSIONAL REQUIREMENTS NONRESIDENTIAL ZONING DISTRICTS Minimum Yard Setback (Ft.) Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off- Street arking Spaces Max Height Ft. Max Imperv Cover GC Golf Course NA NA NA 25 NA NA Section NA O Office 10, (a) 15 (b) Section % (c) C Commercial 10, (d) Section % LI Light Industrial 20, (e) 25 (e) Section % (a) (b) (c) (d) (e) Unless adjacent to common wall construction then Zero (0') feet and adjacent to residential zoning twenty-five (25') feet. Adjacent to residential zoning twenty-five (25') feet. Developed area includes primary and accessory structures and impervious parking/drive areas. Adjacent to residential zoning fifty (50') feet with heavy landscaping as buffer. Adjacent to residential zoning one hundred fifty (150') feet with heavy landscaping as buffer. Sec Consolidated ermitted Use Table A. Use of Land and Buildings. Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this Ordinance. B. ermitted rincipal Uses. No principal use shall be permitted in any district unless it appears in the following permitted use table. C. Legend for the ermitted Use Table: S Use is permitted in district indicated Use is permitted in district indicated upon approval of Specific Use ermit Use is prohibited in district indicated

42 RESIDENTIAL USES Table ermitted Uses COMMERCIAL/ INDUSTRIAL USES SF-A SF-B SF-C SF-R MH MF ERMITTED USES GC O C LI RESIDENTIAL USES Accessory Building/Structure (Residential) Accessory Building/Structure (Nonresidential) Accessory Dwelling Caretaker s/guard s Residence Community Home S Duplex/Two- Family Family Home Adult Care Family Home Child Care S Four-Family (Quadraplex) Home Occupation Multifamily (Apartments) rivate Street Subdivision Rooming/Board House Single-Family Detached HUD-Code Manufactured Home Single-Family Industrialized Home S Single-Family Townhouse (Attached) Single-Family Zero Lot/Tract Line/atio Homes Swimming ool (rivate Use only by resident)

43 S Three-Family (Triplex) OFFICE USES Armed Services Recruiting Center Check Cashing Service Credit Agency Insurance Agency Offices Offices (Brokerage Services) Offices (Health Services) Offices (Legal Services) Offices (Medical Office) Offices (rofessional) Offices (arole - robation) Real Estate Offices Telemarketing Agency Bank Savings and Loan Security Monitoring Company (No Outside Storage) ERSONAL AND BUSINESS SERVICE USES Appliance Repair Artist Studio Ambulance Service (rivate) Automobile Driving School (including Defensive Driving)

44 Barber/Beauty Shop/College (barber or cosmetology school or college) S Barber/Beauty Shop (non-college) S S S S S S Bed & Breakfast S S Communication Equipment (installation and/or Repair - No outdoor sales or storage) Computer Sales Credit Unions Dance/Drama/Music Schools (erforming Arts) Extended Stay Hotels/Motels (residence hotels) S S S Exterminator service (no outdoor sales or storage) Financial Services (Advice/Invest) Funeral Home Hotel/Motel S S S Martial Arts School Kiosk (providing a service) S S S Laundry/Dry Cleaning (Drop Off/ick Up) Locksmith Mini-Warehouse/Self Storage S S Newspaper or Job rinting hoto Studio hotocopying/duplicating Sexually Oriented Business

45 Shoe Repair Studio for Radio or Television (without tower) Tailor Shop Tool Rental (Indoor Storage only) Tool Rental (with Outdoor Storage) S Travel Agency RETAIL USES Alcoholic Beverage Retail Sales, Beer Barns, Bars, Liquor Stores, etc. (No drive-through) All-Terrain Vehicle (go-carts) Dealer/Sales S S S Antique Shop (household items; no outside storage) Art Dealer/Gallery Auto Dealer (rimarily New/Used Auto Sales as accessory use only) S Auto Dealer, New/Used Auto Sales S Auto Supply Store for New & Rebuilt arts Bakery (Retail) Bike Sales and/or Repair Book Store Building Material Sales Cabinet Shop (manufacturing) Confectionery Store (Retail) Consignment Shop

46 Convenience Store without gas sales Department Store Drapery Shop/Blind Shop Florist Food or Grocery Store Furniture Sales (Indoor) Garden Shop (Inside Only; no outside storage) Gravestone/Tombstone Sales Handicraft Shop Hardware Store Home Improvement Center Lawnmower Sales and/or Repair Major Appliance Sales (indoor) Market (ublic, Flea) S S Mobile home, modular home, and manufactured home sales and display facilities S S Motorcycle Dealer (primarily new/used/ repair) S Motor home, trailer and recreational vehicles sales, rental, and display facilities ersonal Watercraft Sales (primarily new/repair/rental) S S S Needlework Shop ermanent Cosmetics S et Grooming (Indoor Kennels)

47 et Shop/Supplies harmacy lant Nursery (Retail Sales/Outdoor Storage) Recycling Kiosk Restaurant S Restaurant (Drive-In/Drive through) Tavern/Bar S S S S Retail Store (Misc.) Security Systems Installation Company Studio Tattoo or Body iercing Temporary Outdoor Retail Sales/Commercial romotion (30-day time limit; permit required) Upholstery Shop (Non-Auto) Used Merchandise/Furniture Store) Vacuum Cleaner Sales and Repair Veterinarian/Small Animal Clinic (Indoor Kennels) Woodworking Shop (ornamental) TRANSORTATION AND AUTO SERVICE USES Aircraft, Aircraft Hardware or arts Manufacture Auto aint/body Repair S S S Auto Financing & Leasing Auto Glass Repair/Tinting (no outside storage)

48 Auto Interior Shop/Upholstery S Auto Muffler Shop S Auto Repair (General) S Auto Repair as an Accessory Use to Retail Sales S Auto Tire Repair/Sales (Indoor no outside storage) Auto Wrecker Service Car Wash (Self-Service; Automated) S S Full-Service Car Wash (Detail Shop) S S Limousine/Taxi Service ublic Garage/arking Structure Quick Lube/Oil Change/Minor Inspection Automobile, Mobile Home, Heavy Equipment Manufacturing Automotive Gasoline or Motor Fuel Service Auto Rental Railroad or Bus assenger Terminal AMUSEMENT AND RECREATIONAL SERVICE USES Amusement Devices/Arcade (Four or more Devices) Amusement Services (Indoors) S S Amusement Services (Outdoors) S S S Ballpark, stadium, athletic field (private) S S S Billiard/ool Facility (Three or More Tables) S S

49 Bingo Facility S S Bowling Center Broadcast Station (with Tower) S S S S S S S Country Club (rivate) Dance Hall/Dancing Facility S S Day Camp Dinner Theater Driving Range S S Subject to standards within Section Earth Satellite Dish (rivate, less than 3' in diameter) Subject to standards within Section Exhibition Hall S Fairground S S Golf Course (Miniature) S S S S S S S S Golf Course (rivate) S Golf Course (ublic) Health Club (hysical Fitness; Indoors Only) Motion icture Theater (Indoors) Motion icture Studio, Commercial Film Museum (Indoors Only) ark and/or layground (rivate) S ark and/or layground (ublic) S Travel Trailers/RVs (Short-Term Stays) S S Rodeo Grounds S S Swimming ool (rivate; Membership)

50 Swimming ool (ublic) S S S S S Tennis Court (Lighted) S S S S S Tennis Court (rivate/lighted) Tennis Court (rivate/not Lighted) Theater (Non-Motion icture; Live Drama) Video Rental/Sales (Non Sexually Oriented Business) Subject to standards within Section Subject to standards within Section INSTITUTIONAL/GOVERNMENTAL USES Antenna (Noncommercial) Antenna (Commercial) Subject to standards within Section Subject to standards within Section Assisted Living Facility Subject to standards within Section Subject to standards within Section Broadcast Towers (Commercial) Cellular Communications Tower/SS Subject to standards within Section Subject to standards within Section Cemetery and/or Mausoleum Child Day Care (Business) Church/lace of Worship Civic Club Clinic (Medical) Community Center (Municipal) S S S S S S Electrical Generating lant S S S S S S S S S Electrical Substation

51 S S S S S S Electrical Transmission Line Emergency Care Clinic Fire Station Franchised rivate Utility (not listed) Fraternal Organization Gas Transmission Line (Regulating Station) S S S Governmental Building (Municipal, State or Federal) Group Day Care Home Heliport Helistop Hospice Hospital (Acute Care/Chronic Care) Library (ublic) Mailing Service (rivate) Nonprofit Activities by Church Nursing/Convalescent Home hilanthropic Organization hone Exchange/Switching Station olice Station ost Office (Governmental) Subject to standards within Section Radio/Television Tower (Commercial) Subject to standards within Section Rectory/arsonage

52 Retirement Home/Home for the Aged School, K through 12 (rivate) School, K through 12 (ublic) School, Vocational (Business/Commercial Trade) S S S S S S S Sewage umping Station S S S S S S Utility Distribution Line S S S Water Supply Facility (rivate) S S S S S S Water Supply Facility (Elevated Water Storage) S S S Water/Wastewater Treatment lant (ublic) S COMMERCIAL AND WHOLESALE TRADE USES Book Binding Electrical Service Shop Feed & Grain Store Furniture Manufacture Heating & Air Conditioning Sales/Services (no outside storage) Livestock - Wholesale awn Shop S ropane Sales S S Taxidermist Transfer Station (Refuse/ickup) Veterinarian (Outdoor Kennels or ets) Warehouse/Office S

53 Welding Shop LIGHT INDUSTRIAL/ MANUFACTURING USES Temporary Model Home Sales Office, No Outside Storage including Vehicles (Only with Model Home ermit) Chemical roducts Manufacturing & Storage (indoors) Contractor s Office/Sales, with Outside Storage including Vehicles S S Contractor s Temporary On-Site Construction Office (only with permit) Electronic Assembly Electronic Data rocessing Electrical Equipment or Appliance Manufacturing Electroplating Engine Repair/Motor Manufacturing, Re- Manufacturing and/or Repair Feed Mill Flour Mill, Yeast lant Foundry, Forge lant, Rolling Mill Galvanizing, Hot-Dip Metal rocess Kitchen Equipment Manufacturing Laboratory Equipment Manufacturing Machine Shop Maintenance & Repair Service for Buildings S S

54 Metal Fabrication lant Micro Brewery (on-site mfg. & sales) S S Oil Well Tools, Oil Well Equipment Manufacturing S Outside Storage S etroleum roducts Manufacturing & Storage laning Mill S lumbing Shop (no outside storage) rocessing of Chemicals or Mineral Extraction Research Lab (Non-Hazardous) Sand/Gravel Sales (Storage) Sign Manufacturing Stone/Clay/Glass Manufacturing Textile or Garment Manufacturing Wood, lastic Container Manufacturing S S

55 D. Classification of New/Unlisted Uses. It is recognized that new types of land use will arise in the future, and forms of land use not presently anticipated may seek to locate in the City of Westworth Village. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the ermitted Use Table shall be made as follows: 1. Initiation. a) A person, City department, the lanning and Zoning Commission, or the City Council may propose zoning amendments to regulate new and previously unlisted uses. b) A person requesting the addition of a new or unlisted use shall submit to the City Administrator or his/her designee all information necessary for the classification of the use, including but not limited to: (1) The nature of the use and whether the use involves dwelling activity, sales, services, or processing; (2) The type of product sold or produced under the use; (3) Whether the use has enclosed or open storage and the amount and nature of the storage; (4) Anticipated employment typically anticipated with the use; (5) Transportation requirements; (6) The nature and time of occupancy and operation of the premises; (7) The off-street parking and loading requirements; (8) The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; (9) The requirements for public utilities such as sanitary sewer and water and any special public services that may be required; and (10) Impervious surface coverage. 2. The City Administrator or his/her designee shall refer the question concerning any new or unlisted use to the lanning and Zoning Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in Section (D)(1)(b) above. An amendment to this Chapter shall be required as prescribed by Article 2, Division 4 of this Chapter. 3. The lanning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted, by right or by SU. 4. The lanning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall approve or disapprove the recommendation of the lanning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the Zoning Ordinance according to Article 2, Division 4 of this Chapter. 5. Standards for new and unlisted uses may be interpreted by the City Administrator or his/her designee as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined above shall be followed for determination of the appropriate district. The decision of the City Administrator or his/her designee may be appealed according to the process outlined in Section (D)(2) (4) above. DIVISION 2 - LARGE LOT SINGLE-FAMILY RESIDENTIAL - SF-A Sec General urpose and Description The SF-A, Large Lot Single-Family Residential district is intended to provide for development of primarily low-density detached, single-family residences on lot/tracts of not less than 20,000 square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SF-A district shall have, or shall make provision for, municipal water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns which discourage non-local

56 traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts. Sec ermitted Uses Those uses listed for the SF-A district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height 1. Two and one-half (2.5) stories, or thirty-five feet (35') for the main building/house. 2. One story, or fifteen feet (15') for other accessory buildings, including detached garage, garden shed, accessory dwelling units, gazebo, etc. Sec Area Regulations A. Size of Lot/Tracts 1. Minimum Lot/Tract Area. Twenty thousand (20,000) square feet. 2. Minimum Lot/Tract Width. One hundred feet (100'). Lots bordering streets on curves or contours or cul-de-sac lots shall be one hundred feet (100') in width at the front building line. 3. Minimum Lot/Tract Depth. The average depth of the lot shall not be less than one hundred twenty feet (120'). 4. Maximum Density. The maximum density of single-family dwelling units per acre (du/ac) is 2 (2) du/ac. B. Size of Yards 1. Minimum Front Yard. Thirty-five feet (35'). 2. Minimum Side Yard. Twenty feet (20') for an interior side yard; twenty-five feet (25') from a street right-of-way line for a corner lot/tract on a residential or collector street; twenty-five feet (25') for a corner lot/tract on an arterial street; twenty-five feet (25') from a street right-of-way line for a key corner lot/tract. 3. Minimum Rear Yard. Thirty-five feet (35') for the main building. C. Maximum Lot/Tract Coverage. Thirty-five percent (35%) including main buildings and accessory buildings. D. arking Regulations 1. Single-Family Dwelling Unit. A minimum of two (2) attached and enclosed parking spaces behind the front building line on the same lot/tract as the main structure, plus two (2) additional parking spaces on a paved driveway (all concrete or a similar paved surface such as turf pavers, brick pavers). Carports are prohibited with single-family dwelling units with the exception as provided under Section (J). 2. Other and Exceptions. See Section of this Chapter, Off-Street arking and Loading Requirements. E. Minimum Floor Area per Dwelling Unit. One thousand eight hundred (1,800) square feet (Section ). F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special Requirements A. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes. B. Above-ground electrical fencing (does not include underground virtual fencing, which is allowed), wire mesh (such as hog wire, chicken wire) and barbed wire are prohibited (Section ). C. Open storage is prohibited (except for materials for the resident s personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties). D. Single-family homes with side-entry garages where lot/tract frontage is only to one street (not a corner lot/tract) shall have a minimum of twenty-four feet (24') from the door face of the garage to the side property line with a paved 6' hammerhead turnaround provided for on-site maneuvering of vehicles. The minimum setback from any garage door to a street or alley right-of-way line shall also be twenty-four feet (24'/or build line).

57 E. The elimination of a garage space by enclosing or converting any portion of the garage space with a stationary building wall shall be prohibited unless another garage of the same size is built on the lot/tract within the proper setbacks, not exceeding the maximum lot/tract coverage, etc. F. Site plan approval shall be required for any authorized nonresidential use in the SF-A district. G. Other Regulations. As established by Article 4 - Development Standards. DIVISION 3 - SINGLE-FAMILY RESIDENTIAL - SF-B Sec General urpose and Description The SF-B, Single-Family Residential, district is intended to provide for planned residential development of primarily detached, single-family residences on smaller and more compact lot/tracts of not less than 7,200 square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SF-B district shall have, or shall make provision for, municipal water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns which discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts. Sec ermitted Uses Those uses listed for the SF-B district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two stories, or twenty-seven feet (27') for the main building/house. 2. One story, or fifteen feet (15') for other accessory buildings, including detached garage, garden shed, gazebo, etc. Sec Area Regulations A. Size of Lot/Tracts. 1. Minimum Lot/Tract Area. Seven thousand two hundred (7,200) square feet (Section ). 2. Minimum Lot/Tract Width. Sixty feet (60'). Lots bordering streets on curves or contours or cul-desac lots shall be sixty feet (60') in width at the front building line. 3. Minimum Lot/Tract Depth. The average depth of the lot shall not be less than one hundred twenty feet (120'), except that a corner lot or cul-de-sac lots, having a minimum width of not less than eighty feet (80'), may have an average depth of less than one hundred twenty feet (120') provided that the minimum depth is not less than ninety feet (90'). 4. Maximum Density. The maximum density of single-family dwelling units per acre (du/ac) is four (4) du/ac. B. Size of Yards. 1. Minimum Front Yard. Twenty-five feet (25'). 2. Minimum Side Yard. Five feet (5') for an interior side yard; fifteen feet (15') from a street right-ofway line for a corner lot/tract on a residential or collector street; fifteen feet (15') for a corner lot/tract on an arterial street; fifteen feet (15') from a street right-of-way line for a key corner lot/tract. 3. Minimum Rear Yard. Fifteen feet (15') for the main building. C. Maximum Lot/tract Coverage. Fifty percent (50%) by main buildings and accessory buildings. D. arking Regulations. 1. Single-Family Dwelling Unit. A minimum of two (2) attached and enclosed parking spaces behind the front building line on the same lot/tract as the main structure, plus two (2) additional parking spaces on a paved driveway (all concrete or a similar paved surface such as turf pavers, brick pavers). Carports are prohibited with single-family dwelling units with the exception as provided under Section (J). 2. Other and Exceptions. See Section Off-Street arking and Loading Requirements.

58 E. Minimum Floor Area per Dwelling Unit. One thousand two hundred fifty (1,250) square feet (Section ). F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special Requirements A. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes. B. Above-ground electrical fencing (does not include underground virtual fencing, which is allowed), wire mesh (such as hog wire, chicken wire, chain link) and barbed wire are prohibited (Section ). C. Open storage is prohibited (except for materials for the resident s personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties). D. Single-family homes with side-entry garages where lot/tract frontage is only to one street (not a corner lot/tract) shall have a minimum of twenty-four feet (24') from the door face of the garage to the side property line with a paved 6' hammerhead turnaround provided for on-site maneuvering of vehicles. The minimum setback from any garage door to a street or alley right-of-way line shall also be twenty-four feet (24'). E. The elimination of a garage space by enclosing or converting any portion of the garage space with a stationary building wall shall be prohibited unless another garage of the same size is built on the lot/tract within the proper setbacks, not exceeding the maximum lot/tract coverage, etc. F. Site plan approval shall be required for any authorized nonresidential use in the SF-B district. G. Other Regulations. As established by Article 4 - Development Standards. DIVISION 4 - CUSTOM SINGLE-FAMILY RESIDENTIAL SF-C Sec General urpose and Description The SF-C, Single-Family Residential, district is intended to provide for planned residential development of a mix of single-family zero lot line residential, single-family attached (townhome) residential to not exceed greater than twenty-five percent (25%) of the gross land area of the zoning district and single-family detached residences to compose of seventy-five percent (75%) of the gross land area of the zoning district. Zero lot line and single-family attached (townhome) residential lots shall have a minimum lot size of 2,500 square feet and single-family detached residential lots shall be on average 7,200 square feet in size. The SF-C zoning district may contain churches, schools and public parks. Areas zoned for the SF-C district shall have, or shall make provision for, municipal water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns which discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts. Sec ermitted Uses Those uses listed for the SF-C district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two and one-half stories, or thirty-five feet (35') for the main building/house. 2. One story, or fifteen feet (15') for other accessory buildings, including detached garage, garden shed, gazebo, etc. Sec Area Regulations A. Size of Lot/Tracts. 1. Minimum Lot/Tract Area. a) SF-C.1 (25% of district): Minimum lot size of two thousand five hundred (2,500) square feet. b) SF-C.2 (75% of district): Average lot size seven thousand two hundred (7,200) square feet. 2. Minimum Lot/Tract Width.

59 a) SF-C.1 (25% of district): Twenty-five feet (25'). Lots bordering streets on curves or contours or cul-de-sac lots shall be twenty-five feet (25') in width at the front building line. b) SF-C.2 (75% of district): Forty feet (40'). Lots bordering streets on curves or contours or culde-sac lots shall be forty feet (40') in width at the front building line. 3. Minimum Lot/Tract Depth. The average depth of the lot shall not be less than one hundred feet (100'). 4. Maximum Density. The maximum density of zero lot line single-family dwelling units and singlefamily attached (townhomes) per acre (du/ac) is twelve (12) du/ac. The maximum density of singlefamily detached residences is five (5) du/ac. B. Size of Yards. 1. Minimum Front Yard a) SF-C.1 (25% of district) minimum front yard is five feet (5'). b) SF-C.2 (75% of district) minimum front yard is fifteen feet (15'). 2. Minimum Side Yard a) Zero lot line single-family lots shall have zero feet (0') on one side and five feet (5') side yard on the other side. Single-family attached (townhome) dwellings shall not have an interior side yard; however, a minimum five foot (5') side yard is required at the end of a building. The ends of any two adjacent building complexes or rows of buildings shall be at least ten feet (10') apart. The required side yards shall be designated upon a construction plat approved by the lanning and Zoning Commission. b) A complex or continuous row of attached single-family dwellings shall have a minimum length of three (3) dwelling units (triplex), a maximum length of eight (8) dwelling units, and shall not exceed two hundred eighty feet (280') in length. c) For single-family detached lots the interior side yard is five feet (5') and fifteen feet (15') from a street right-of-way line for a corner lot/tract on a residential or collector street; fifteen feet (15') for a corner lot/tract on an arterial street; fifteen feet (15') from a street right-of-way line for a key corner lot/tract. 3. Minimum Rear Yard. Five feet (5') for the main building; twenty-four feet (24') for rear garage entry (to the face of the garage doors). EXCETION: Custom Single Family (SF-C) zoning districts existing as of January 1, 2012 shall have a minimum setback of fifteen feet (15 ) measured from the property line or the nearest edge of pavement of the alley or shared access, whichever is greater, to the garage door or this measurement may be further reduced provided a minimum of twenty-four feet (24 ) of pavement is provided. This measurement of pavement shall be made perpendicular to the garage door to the far side of the alley or shared access. C. Maximum Lot/tract Coverage. Seventy percent (70%) by main buildings and accessory buildings. D. arking Regulations. 1. SF-C.1 (25% of district): For zero lot line and single-family attached dwelling units, a minimum of two (2) enclosed parking spaces for each dwelling unit, located behind, beside or incorporated into the dwelling unit, and accessed only from the rear via an alley, and located on the same lot/tract as each dwelling unit (see Section Off-Street arking and Loading Requirements). Carports are prohibited with single-family dwelling units with the exception as provided under Section (J). 2. SF-C.2 (75% of district): For single-family detached dwelling units a minimum of two (2) enclosed parking spaces for each dwelling unit plus two (2) additional parking spaces on a paved driveway. Carports are prohibited with single-family dwelling units with the exception as provided under Section (J). 3. For developments within the SF-C.1 areas, designated visitor parking spaces shall be provided in off-street, common areas at a ratio of one (1) guest/visitor space per four (4) units. 4. Additional parking shall be required for any recreational uses, clubhouse, office, sales offices and other similar accessory structures and uses.

60 5. All driveways and parking areas shall be concrete or a similar paved surface such as turf pavers, brick pavers. 6. Other and Exceptions. See Section Off-Street arking and Loading Requirements. E. Minimum Floor Area per Dwelling Unit. 1. SF-C.1 (25% of district): For zero lot line single-family and single-family attached (townhome) dwelling units: one thousand fifty (1,050) square feet (Section ). 2. SF-C.2 (75% of district): For single-family detached dwelling units: one thousand five hundred (1,500) square feet (Section ). F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special Requirements A. Usable Open Space Requirements. Except as provided below, any single-family attached subdivision shall provide usable open space which equals or exceeds twenty percent (20%) of the gross platted area, excluding rightsof-way for collector and larger sized streets. Usable open space shall not be required for a single-family attached development if it contains twenty (20) or fewer lot/tracts, and if the property contiguous to the subdivision is either developed for use(s) other than single-family attached homes or is restricted by zoning to not permit single-family attached development. roperties that are separated by thoroughfares larger than a collector street and/or by drainage/utility easements in excess of sixty feet (60') in width shall not be considered as contiguous. B. Maintenance Requirements for Common Areas. A property owners association is required for continued maintenance of common land and facilities. C. Alleys. Each attached dwelling unit within the SF-C.1 district shall be rear-entry only from an alley that is constructed along with the rest of the subdivision (i.e., at the same time as the streets, utilities, etc.) and that is in conformance with the City s design standards for alleys. D. Refuse Facilities. Every single-family attached dwelling unit shall be located within one hundred fifty feet (150') of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than thirty feet (30') to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with Section (E). E. All utilities shall be provided separately to each lot/tract within an SF-C district so that each unit is individually metered. F. A swimming pool shall be provided in single-family attached developments of fifty (50) or more units. G. Each zero lot line single-family residence or single-family attached residence within the SF-C district shall contain a private yard with not less than four hundred (400) square feet of area (i.e., a back yard or large side yard). rivate yards may include a patio cover, gazebo or other similar non-enclosed structure, which does not cover more than twenty-five percent (25%) of the area of the private yard, and they may also include a swimming pool, swing set, play fort, or other private leisure amenity. H. The elimination of a garage space by enclosing or converting any portion of the garage space with a stationary building wall shall be prohibited unless another garage of the same size is built on the lot/tract within the proper setbacks, not exceeding the maximum lot/tract coverage, etc. I. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes. J. Above-ground electrical fencing (does not include underground virtual fencing, which is allowed), wire mesh (such as hog wire, chicken wire, chain link) and barbed wire are prohibited (Section ). K. Open storage is prohibited, except for materials for the resident s personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties. L. Single-family and two-family homes with side-entry garages where lot/tract frontage is only to one street (not a corner lot/tract) shall have a minimum of twenty-four feet (24') from the door face of the garage to the side property line with a paved 6' hammerhead turnaround provided for on-site maneuvering of vehicles. The minimum setback from any garage door to a property line or alley right-of-way line shall also be twenty-four feet (24'). M. Site plan approval shall be required for any authorized single-family attached or nonresidential use in the SF-C district.

61 N. Other Regulations. As established by Article 4 - Development Standards. DIVISION REDEVELOMENT SINGLE-FAMILY RESIDENTIAL - SF-R Sec General urpose and Description The SF-R, Redevelopment Single-Family Residential, district is intended to provide for residential redevelopment of primarily detached, single-family residences on smaller and more compact lot/tracts of not less than 6,000 square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SF-R district shall have, or shall make provision for, municipal water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets and alleys; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts. This area shall be located south of Westworth Blvd. (SH 183), west of the Trinity River, north of the Fort Worth City Limits, and east of Seymour. Sec ermitted Uses Those uses listed for the SF-R district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two stories, or thirty-five feet (35') for the main building/house, measured from grade to the highest ridge. 2. One story, or fifteen feet (15') for other accessory buildings, including detached garage, garden shed, gazebo, etc. Sec Area Regulations A. Size of Lot/Tracts. 1. Minimum Lot/Tract Area. Six thousand (6,000) square feet (Section ). 2. Minimum Lot/Tract Width. Sixty feet (60') for lots having front accessed rear parking. Minimum Lot/Tract Width: Fifty-five feet (55') for lots having rear accessed parking. 3. Lots bordering streets on curves or contours or cul-de-sac lots shall be sixty feet (60') in width at the front building line. B. Size of Yards. 1. Minimum Front Yard. Twenty feet (20'), but residence may be no closer to the street than thirty feet (30'). 2. Minimum Side Yard. Five feet (5') for an interior side yard; fifteen feet (15') from a street right-ofway line for a corner lot/tract on a residential or collector street; fifteen feet (15') for a corner lot/tract on an arterial street; fifteen feet (15') from a street right-of-way line for a key corner lot/tract. 3. Minimum Rear Yard. Ten feet (10') for the main building; five feet (5') for front accessed rear parking (detached garage). C. Maximum Lot/tract Coverage. Seventy percent (70%) by main buildings and accessory buildings. D. arking Regulations. 1. Single-Family Dwelling Unit. A minimum of two (2) enclosed parking spaces behind the main structure on the same lot/tract as the main structure. Two (2) additional parking spaces on a paved driveway (all concrete or a similar paved surface such as engineered brick pavers) shall also be required. For rear accessed garaged driveways, there shall be a minimum depth of eighteen (18) feet from the property line. Carports are prohibited with single-family dwelling units with the exception as provided under Section (J). a) For alley lots, all parking shall be rear accessed. b) For lots not on alleys, all parking shall have front accessed rear parking

62 2. orte-cocheres. orte-cocheres shall be attached to the main structure and may only be one (1) story in height, opened on two or more sides. orte-cocheres shall not encroach into the front yard setback but may encroach into the side yard setback up to three feet (3') from the property line. 3. Other and Exceptions. See Section Off-Street arking and Loading Requirements. E. Minimum Floor Area per Dwelling Unit. Two thousand (2,000) square feet (Section ). F. Minimum Exterior Construction Standards. There shall be 100% masonry construction for all front, side, and rear elevations. Allowed masonry products shall be brick, stone or other approved masonry material. Unique or innovative architectural styles may be evaluated by the City Administrator. Sec Special Requirements A. Fencing shall be prohibited within the front yard. B. Minimum roof pitch within this district shall be 6:12 pitch; however, unique or innovative architectural styles may be evaluated by the City Administrator. C. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes. D. Above-ground electrical fencing (does not include underground virtual fencing, which is allowed), wire mesh (such as hog wire, chicken wire, chain link) and barbed wire are prohibited (Section ). E. Open storage is prohibited (except for materials for the resident s personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties). F. The elimination of a garage space by enclosing or converting any portion of the garage space with a stationary building wall shall be prohibited unless another garage of the same size is built on the lot/tract within the proper setbacks, not exceeding the maximum lot/tract coverage, etc. G. Site plan approval shall be required for any authorized nonresidential use in the SF-R district. H. All utilities shall be installed underground to all structures. I. Other Regulations. As established by Article 4 - Development Standards. DIVISION 5 - MANUFACTURED HOUSING - MH (LANNED DEVELOMENT ONLY) Sec General urpose and Description The MH, Manufactured Housing, district is a detached residential district establishing standards for the location of HUD-code manufactured and mobile homes ( manufactured housing ) in developments specifically designated for manufactured housing parks and subdivisions which shall be allowed as a lanned Development only; no stand-alone MH zoning districts shall be allowed. Manufactured housing subdivisions include individually platted lot/tracts for sale within the subdivision, for the placement of manufactured housing units. A manufactured housing park offers spaces for the placement of manufactured housing units on a lease or rental basis. The Manufactured Housing district establishes area and design requirements for parks and subdivisions, as well as yard requirements for individual lot/tracts. Both parks and subdivisions provide open space and recreational areas appropriate for the acreage and number of units contained. Areas zoned for the MH district shall have, or shall make provision for, municipal water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns which discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts. Sec ermitted Uses Those uses listed for the MH district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Area Regulations A. Size of Lot/Tract (for each Lot/Tract within a manufactured housing subdivision): 1. Minimum Lot/Tract Area. Seven thousand, two hundred (7,200) square feet per unit. 2. Minimum Lot/Tract Width. Sixty feet (60'). 3. Minimum Lot/Tract Depth. One hundred feet (100').

63 B. Size of Space (for each space within a manufactured housing park): 1. Minimum Lot/Tract Area. Three thousand, five hundred (3,500) square feet per unit. 2. Minimum Lot/Tract Width. Forty feet (40'). 3. Minimum Lot/Tract Depth. Eighty feet (80'). C. Size of Yards (for each space within manufactured housing park or subdivision): 1. Minimum Front Yard. Twenty-five feet (25') from a dedicated street, private street or drive; 2. Minimum Side Yard. Five feet (5'); ten feet (10') between units; fifteen feet (15') for a corner lot/tract on a street. 3. Minimum Rear Yard. Fifteen feet (15'). 4. Garages shall be provided; the entry (i.e., door) side of the garage shall have a twenty-four-foot (24') setback as measured from any property or street right-of-way line. Garage door shall not face the street. D. Minimum Floor Area per Dwelling Unit. One thousand, two hundred fifty (1,250) square feet (Section ). E. Maximum Lot/Tract Coverage. Fifty percent (50%) for main building/unit plus any accessory buildings. F. arking Regulations. Two (2) attached and enclosed garage spaces per unit located on the same lot/tract as the unit served (see Section Off-Street arking and Loading Requirements); all driveways and parking areas shall be concrete or a similar paved surface such as turf pavers, brick pavers. Carports are prohibited with single-family dwelling units with the exception as provided under Section (J). G. Minimum Lot/Tract Area for a Manufactured Housing ark (manufactured housing on undeveloped lot/tracts). Twenty thousand (20,000) square feet per lot/tract. H. Area for Manufactured Housing Subdivision. Minimum project area three (3) acres; maximum project area thirty-five (35) acres. I. Maximum Height Limit. 1. Two (2) stories, or twenty-seven feet (27') for the main building/house. 2. One story, or fifteen feet (15') for other accessory buildings, including detached garages, management office, clubhouse, gazebo, mail kiosks, etc. J. Minimum Exterior Construction Standards. Consistent with federal and state regulations of HUD-code manufactured and mobile homes. Sec Special Requirements for Manufactured Housing arks A. Tenant arking. Each parking space shall be an approved all-weather surface (i.e., concrete or a similar paved surface such as turf pavers, brick pavers), in accordance with City standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured housing and for public parking in the park. B. Visitor and Supplemental arking. In addition to parking spaces required for each manufactured housing unit, there shall be paved parking provided for the manufactured housing community in general (see Section Off- Street arking and Loading Requirements): 1. Two (2) visitor parking spaces for every three (3) manufactured housing lots. 2. One (1) supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four (4) manufactured housing lots. 3. Supplemental spaces may be located anywhere within the manufactured housing community provided that no manufactured housing space shall be situated further than one hundred fifty feet (150') from a visitor space. 4. Each parking space will be not less than nine feet by eighteen feet (9' x 18'), which is not to be included in the lot/tract size. C. Access. Each manufactured housing community shall have direct access from an improved public street or an internal street. Where an internal private street provides access, the same shall be paved in accordance with City standards for a public street, and it shall be dedicated to the public as an emergency access/fire lane easement to allow for the rapid and safe movement of vehicles used in providing emergency health or public safety services. Each emergency access/fire lane easement shall have a clear unobstructed width of twenty-four feet (24'), shall connect to a dedicated public street, and shall have a turning area and radii of a minimum of fifty feet (50') to permit free movement of emergency vehicles. Dead-end streets are not allowed. Cul-de-sac streets shall not exceed four hundred feet (400') in length. Fire lane easements shall be maintained by the manufactured housing park.

64 D. Walkways. Designated concrete walkways four feet (4') in width will be provided on both sides of roadways or streets. E. Street Names and Signs. Within each manufactured housing park, all streets shall be named, and manufactured housing numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be submitted to the City Administrator or his/her designee along with the construction plat application, reviewed by the appropriate City staff with respect to street naming procedures set forth within the Subdivision Ordinance and/or the City s Code of Ordinances, and approved by the lanning and Zoning Commission on the plat for the subdivision. All dwelling unit address numbering shall be assigned by the City Administrator or his/her designee. F. Other Signs. Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be in accordance with the Manual of Uniform Traffic Control Devices and approved by the City. G. Intersections. Internal streets shall intersect adjoining public streets at approximately ninety degrees (90 ) and at locations which will eliminate or minimize interference with traffic on those public streets. H. Street Lighting. Street lighting within the manufactured housing park shall be provided and maintained by the owners of the manufactured housing park. I. Utilities. All electrical distribution lines and all telephone/cable and other utility lines shall be underground. J. Drainage and Soil rotection. The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured housing space shall provide adequate drainage for the placement of a manufactured housing. Exposed ground surfaces in all parts of every manufactured housing park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust. K. Firefighting. 1. Approaches to all manufactured housing shall be kept clear for firefighting. 2. The owner or agent of a manufactured housing park shall be responsible for the instruction of any staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. Owner shall supply standard City fire hydrants located within three hundred feet (300') of all manufactured housing spaces, measured along the drive or street. 3. The owner or agent of a manufactured housing park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of six inches (6") in height. L. Refuse Facilities. Every manufactured housing dwelling unit shall be located within one hundred fifty feet (150') of a refuse facility, measured along the designated pedestrian travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than thirty feet (30') to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with Section M. Anchorage of Manufactured Housing. To insure against natural hazards such as tornados, high winds and electrical storms, anchorage for each manufactured housing shall be provided according to the Building Code and State law. N. Skirting. 1. All manufactured housing units shall provide skirting from the top of the unit s frame to grade. Skirting shall totally enclose and secure from view the unit s axles and all required anchors, footings, and piers. 2. All required skirting shall be masonry, and shall be of a color similar to the materials used in the construction of the manufactured housing unit such that it blends with the overall appearance of the unit. O. Maintenance Requirements for Common Areas. A property owners association is required for continued maintenance of any common land and facilities provided within the manufactured housing park/subdivision. Sec Special Requirements

65 A. Single-family, duplex, or townhouse residential units constructed in this district shall conform to SF-B or SF-C district standards, respectively. B. Open storage is prohibited. C. Usable Open Space Requirements. Except as provided below, any manufactured home development shall provide usable open space which equals or exceeds fifteen percent (15%) of the total land area within the development. D. A swimming pool shall be provided in manufactured housing developments of fifty (50) or more units. E. One playground area containing at least five (5) pieces of play equipment shall be provided for every one hundred (100) dwelling units, or fraction thereof. The playground equipment shall be of heavy duty construction, such as is normally used in public parks or on public school playgrounds. F. Site plan approval shall be required for any manufactured housing park or authorized nonresidential use allowed in the MH district. G. Other Regulations. As established by Article 4 - Development Standards. Sec Replacement of HUD-Code Manufactured Homes In the event that a HUD-Code manufactured home occupies a lot in the City, the owner of the HUD-Code manufactured home may remove the HUD-Code manufactured home from its location and place another HUD-Code manufactured home on the same property, provided that the replacement is a newer HUD-Code manufactured home, and is at least as large in living space as the prior HUD-Code manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-Code manufactured home is limited to a single replacement of the HUD- Code manufactured home on the same property. DIVISION 6 - MULTIFAMILY RESIDENTIAL - MF Sec General urpose and Description The MF, Multifamily Residential, district is an attached residential district intended to provide the highest residential density of up to twenty-five (25) dwelling units per acre. The principal permitted land uses will include low- and midrise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between nonresidential development or heavy automobile traffic and medium- or low-density residential development. Areas zoned for the MF district shall have, or shall make provision for, municipal water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete drive aisles with logical and efficient vehicular circulation patterns; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts. Sec ermitted Uses Those uses listed for the MF district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height: 1. Two and one-half (2.5) stories, or thirty-eight feet (38') for the main building(s). 2. One story, or fifteen feet (15') for other accessory buildings, including detached garages, clubhouse, gazebo, mail kiosks, laundry rooms, etc. Sec Area Regulations A. Size of Lot/Tracts: 1. Minimum Lot/Tract Area. Ten thousand (10,000) square feet not to exceed twenty-five (25) dwelling units per acre (calculated on gross acreage). 2. Minimum Lot/Tract Width. One hundred feet (100'). 3. Minimum Lot/Tract Depth. Two hundred feet (200').

66 B. Size of Yards. 1. Minimum Front Yard. Twenty-five feet (25'). All areas adjacent to a street shall be deemed front yards. 2. Minimum Side and Rear Yard. Fifteen feet (15'), unless adjacent to a single-family or single-family attached district then side and rear setbacks shall be according to the height of the multifamily building, as follows: a) One-story building - twenty-five feet (25'). b) Two-story building - thirty-eight feet (38'). 3. Building Separation: a) One-story buildings. Fifteen feet (15') for building facades without penetrations; twenty feet (20') for building sides with penetrations. C. Minimum Floor Area per Dwelling Unit. (Section ) 1. Efficiency unit. Six hundred (600) square feet per unit. 2. One-bedroom unit. Six hundred ninety (690) square feet per unit. 3. Two- or more bedroom unit. Nine hundred (900) square feet for the first two bedrooms, plus an additional two hundred (200) square feet for every bedroom over two. D. Maximum Lot/Tract Coverage. Fifty percent (50%) total, including main and accessory buildings. E. arking Regulations: spaces for each efficiency or one-bedroom unit spaces for each two-bedroom unit spaces for each three-bedroom unit spaces for each four- or more bedroom unit. 5. The average number of parking spaces for the total development shall be no less than two (2) spaces per dwelling unit, at least one (1) of which shall be enclosed for each dwelling unit. 6. No parking space may be located closer than six feet (6') from any building, or closer than two feet (2') from any side or rear lot/tract line. 7. All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of live plant materials, berms or low masonry walls that match the exterior finish of main buildings, or any combination of the above. 8. All driveways and parking areas shall be concrete or a similar paved surface such as turf pavers, brick pavers. 9. See Section Off-Street arking and Loading Requirements, for additional requirements. 10. Carports may be allowed within the MF district as long as the carports may not be placed along any road, street or highway frontage and are located behind primary structures. F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special Requirements A. Usable Open Space Requirements. Except as provided below, any multifamily development shall provide usable open space which equals or exceeds twenty percent (20%) of the total lot/tract area. B. Landscape Area Requirements. A minimum of twenty percent (20%) of the total lot/tract area shall be devoted to a combination of landscaping and usable open space (see above). See Article 4, Division 2 of this Chapter for landscaping requirements. C. Refuse Facilities. Every multifamily dwelling unit shall be located within one hundred fifty feet (150') of a refuse facility, measured along the designated pedestrian travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than thirty feet (30') to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with Section (E). D. Screening Requirements. See Section for screening requirements. E. A swimming pool shall be provided in multifamily developments of fifty (50) or more units, plus one (1) additional pool per one hundred (100) units.

67 F. One playground area containing at least five (5) pieces of play equipment shall be provided for every one hundred (100) dwelling units, or fraction thereof. The playground equipment shall be of heavy duty construction; such as is normally used in public parks or on public school playgrounds. G. Single-family, duplex, or townhouse residential units constructed in this district shall conform to SF-B or SF-C district standards, respectively. H. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes. I. Open storage is prohibited. J. A four-foot (4') wide paved walkway shall connect the front door of each ground floor unit to a parking area. The minimum width of any sidewalk adjacent to head-in parking spaces shall be six feet (6') to accommodate a twofoot (2') bumper overhang for vehicles. K. Buildings shall not exceed two hundred feet (200') in length. L. Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements, shall not be visible from a public street and screened by an eight-foot (8') fence. M. All buildings containing residential units shall provide signage which clearly identifies the address or building numbers of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel. N. All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas and follows the dark sky regulations. O. Site plan approval shall be required for any authorized multifamily or nonresidential use in the MF district.. Other Regulations. As established by Article 4 of this Chapter. DIVISION 7 - GOLF COURSE DISTRICT - GC Sec General urpose and Description The GC, Golf Course District is a special zoning district permitting the operation of a private or public golf course, including accessory uses and activities. Golf courses can be stand alone or as adjacent with compatible residential subdivisions/communities or commercial, office or business park. Golf courses shall be allowed only within GC Golf Course Districts in order to achieve compatibility with adjacent uses through the provisions of this Section. Sec ermitted Uses Those uses listed for the GC district in Section of this Chapter as or S are authorized uses permitted by right or specifically permitted uses, respectfully. Special uses must be approved utilizing the procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two (2) stories or thirty-five feet (35') for primary structures. 2. One (1) story, fifteen feet (15') for accessory buildings. Sec Area Regulations A. Size of Lot/Tracts 1. No minimum size of lot/tract for the GC zoning district is set, however, the lot/tract must be of sufficient size to adequately provide and maintain a full eighteen (18) hole golf course with associated primary and accessory structures and parking. B. Size of Yards 1. The perimeter setback for all buildings and structures shall be twenty-five (25') feet when abutting a residentially developed tract or a residential zoning district. 2. No perimeter setback is required where the golf course does not abut a residentially developed tract or residential zoning district. 3. Internal to this district there are no zoning setback requirements; however building and fire code requirements must still be met.

68 4. For uses requiring a specific use permit, stricter setbacks may be governed by the required site plan. Sec Special District Requirements A. arking Requirements. As established by Section Off-Street arking and Loading Requirements. B. Minimum Exterior Construction Standards. See Section for exterior construction standards. C. Site lan Review. Review and approval of a site plan by the lanning and Zoning Commission and the City Council (in accordance with Article 2, Division 6 of this Chapter) shall be required for any tract/lot/tract within the GC district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site lan as approved by the City Council. D. Landscaping Requirements. See Article 4, Division 2 of this Chapter. E. Screening Requirements. See Article 4, Division 4 of this Chapter. F. Open storage and outside display are prohibited. G. Color Building facade and elevation plans shall be submitted for review and approval along with the Site lan. Facade and elevation plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The City Administrator or his/her designee may, as he/she deems appropriate, require submission of additional information and materials during the Site lan review process. H. Lighting. 1. Lights illuminating an accessory driving range shall be arranged so that the source of light is deflected away from and not directed toward any abutting residential uses or residential zoning districts and shall meet the requirements of Section All other lighting shall be in accordance with Section I. Signs. 1. No sign, display or other exterior indications of accessory uses shall be visible from a public thoroughfare. 2. All other signage shall be in accordance with Article 4, Division 8. DIVISION 8 - OFFICE DISTRICT - O Sec General urpose and Description The O, Office, district is established to create an appropriate setting for low intensity office and professional uses. The district can be used as a transition district between residential uses and more intense uses, and with appropriate buffers and landscaping, this district may be located in close proximity to residential districts. ermitted uses should be compatible with adjacent residential areas by limiting heights to one (1) or two (2) stories, and shall not include uses that create excessive amounts of traffic, noise, trash or late-night business operations. Traffic generated by uses in this district shall not be encouraged to travel through residential areas. Adaptive reuse of existing structures is encouraged. Buildings in this district should be compatible and similar in scale with residential uses and adjacent property. Sec ermitted Uses Those uses listed for the O district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two (2) stories or thirty-five feet (35') for the main building(s), except maximum height shall be twenty-five feet (25') for any portion of a building that is located within one hundred and fifty feet (150') of a residential zoning district. 2. One (1) story, twelve feet (12') for accessory buildings. Sec Area Regulations

69 A. Size of Lot/Tracts. 1. Minimum Lot/Tract Area. Ten thousand (10,000) square feet. 2. Minimum Lot/Tract Width. One hundred feet (100'). 3. Minimum Lot/Tract Depth. One hundred feet (100'). B. Size of Yards. 1. Minimum Front Yard. Twenty-five feet (25') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard. 2. Minimum Side and Rear Yard. Fifteen feet (15'), Minimum Side or Rear Yard Adjacent to a Residential District - twenty-five feet (25'). Minimum Side Yard to Common Wall Construction. Zero feet (0'). C. Maximum Lot/Tract Coverage. Fifty percent (50%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.). D. Maximum Floor Area Ratio (FAR). One to one (1:1). E. arking Requirements. As established by Section Off-Street arking and Loading Requirements. F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special District Requirements A. Driveway Spacing (i.e., distance between driveways, measured edge-to-edge): 1. Arterial Street - One driveway per two hundred (200) linear feet of frontage. 2. Collector Street - One driveway per one hundred (100) linear feet of frontage. 3. Local Street - One driveway per fifty (50) linear feet of frontage. 4. Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency. B. Site lan Review. Review and approval of a site plan by the lanning and Zoning Commission and the City Council (in accordance with Article 2, Division 6 of this Chapter) shall be required for any tract/lot/tract within the O district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site lan as approved by the City Council. C. Landscaping Requirements. See Article 4, Division 2 of this Chapter. D. Screening Requirements. See Article 4, Division 4 of this Chapter. E. Open storage and outside display are prohibited. F. Color Building facade and elevation plans shall be submitted for review and approval along with the Site lan. Facade and elevation plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The City Administrator or his/her designee may, as he/she deems appropriate, require submission of additional information and materials during the Site lan review process. G. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes. H. Maintenance Requirements for Common Areas. A property owners association is required for continued maintenance of any common land and facilities provided within the development. I. Other Regulations. As established in the Development Standards, Article 4 of this Chapter. DIVISION 9 - COMMERCIAL DISTRICT - C Sec General urpose and Description The Commercial - C district is intended to provide a location for retail, commercial and service-related establishments, such as retail and wholesale product sales, contractor s shops, automotive repair services, upholstery shops, and other similar commercial uses. Uses in this district may utilize open storage areas that are screened from public view. The uses envisioned for the district will typically utilize smaller sites and have operation characteristics which are generally not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets is also a primary consideration. Sec ermitted Uses

70 Those uses listed for the C district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two (2) stories or thirty-five feet (35') for the main building(s), except maximum height shall be twenty-five feet (25') for any portion of a building that is located within one hundred and fifty feet (150') of a residential zoning district. 2. One (1) story for accessory buildings. Sec Area Regulations A. Size of Lot/Tract. 1. Minimum Lot/Tract Area. Ten thousand (10,000) square feet. 2. Minimum Lot/Tract Width. One hundred feet (100'). 3. Minimum Lot/Tract Depth. One hundred feet (100'). B. Size of Yards. 1. Minimum Front Yard. Twenty-five feet (25') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard. 2. Minimum Side and Rear Yard. Ten feet (10') unless adjacent to a residentially zoned property. 3. Interior Side Yards. When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site so that lot/tracts/lease spaces are abutting one another, no side yard is required provided it complies with the City s Building Code. 4. Minimum Side or Rear Yard Adjacent to a Residential District. Fifty feet (50') and shall be open space with heavy landscaping. C. Maximum Lot/Tract Coverage. Fifty percent (50%) including main and accessory buildings. D. Maximum Floor Area Ratio (FAR). One to one (1:1). E. arking Requirements. As established by Section , Off-Street arking and Loading Requirements. F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special Requirements A. Driveway Spacing (i.e., distance between driveways, measured edge-to-edge): 1. Arterial street - One driveway per two hundred (200) linear feet of frontage. 2. Collector street - One driveway per one hundred (100) linear feet of frontage. 3. Local street - One driveway per fifty (50) linear feet of frontage. 4. Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency. B. Site lan Review. Review and approval of a site plan by the lanning and Zoning Commission and the City Council (in accordance with Article 2, Division 6 of this Chapter) shall be required for any tract/lot/tract within the C district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site lan as approved by the City Council. C. Landscaping Requirements. See Article 4, Division 2 of this Chapter. D. Screening Requirements. See Article 4, Division 4 of this Chapter. E. Outside display of merchandise and seasonal items, such as Christmas trees, pumpkins, etc., shall be limited to the following: 1. Shall not be placed/located more than thirty feet (30') from the main building. 2. Shall not occupy any of the parking spaces that are required by this Chapter for the primary use(s) of the property, except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two (2) displays per calendar year. 3. Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way. 4. Shall not extend into public right-of-way or onto adjacent property.

71 5. All outside display items shall be removed at the end of business each day, except for large seasonal items such as Christmas trees. 6. All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner. F. Open storage is limited to a maximum of five percent (5%) of the total lot/tract area, shall not be located in front of the building facing the major thoroughfare or on top of the building, and must be screened in accordance with the provisions of Article 4, Division 4 of this Chapter so that it is not visible from any public street or adjacent property. However, periodic display of seasonal items, i.e. Christmas trees, pumpkins, etc., is allowed during the appropriate time periods in conformity with the provisions set forth herein. G. Color building facade and elevation plans shall be submitted for review and approval along with the Site lan. Facade and elevation plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The City Administrator or his/her designee may, as he/she deems appropriate, require submission of additional information and materials during the Site lan review process. H. Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes. I. Maintenance Requirements for Common Areas. A property owners association is required for continued maintenance of any common land and facilities provided within the development. J. Other Regulations. As established in the Development Standards, Article 4 of this Chapter. DIVISION 10 - LIGHT INDUSTRIAL DISTRICT - LI Sec General urpose and Description The LI, Light Industrial District is intended primarily for light industrial manufacturing uses with accompanying open storage and supporting commercial uses. This district is not intended to be located in or near areas of residential development. Sec ermitted Uses Those uses listed for the LI district in Section of this Chapter as or S are authorized uses permitted by right or specially permitted uses, respectively. Special uses must be approved utilizing procedures set forth in Section Sec Height Regulations A. Maximum Height. 1. Two (2) stories or forty feet (40') for the main building(s), except maximum height shall be twentyfive feet (25') for any portion of a building that is located within one hundred and fifty feet (150') of a residential zoning district. Sec Area Regulations A. Size of Lot/Tract. 1. Minimum Lot/Tract Area. Twenty thousand (20,000) square feet. 2. Minimum Lot/Tract Width. One hundred feet (100'). 3. Minimum Lot/Tract Depth. One hundred fifty feet (150'). B. Size of Yards. 1. Minimum Front Yard. Fifty feet (50') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard. 2. Minimum Side and Rear Yard. Twenty-five feet (25') unless adjacent to a residentially zoned property. 3. Minimum Side or Rear Yard Adjacent to a Residential District. One hundred fifty feet (150') and shall be open space with heavy landscaping. C. Maximum Lot/Tract Coverage. Fifty percent (50%) including main and accessory buildings. D. Maximum Floor Area Ratio (FAR). One to one (1:1).

72 E. arking Requirements. As established by Section of this Chapter, Off-Street arking and Loading Requirements. F. Minimum Exterior Construction Standards. See Section for exterior construction standards. Sec Special Requirements A. Driveway Spacing (i.e., distance between driveways, measured edge-to-edge). 1. Arterial street - One driveway per two hundred (200) linear feet of frontage. 2. Collector street - One driveway per one hundred (100) linear feet of frontage. 3. Local street - One driveway per fifty (50) linear feet of frontage. 4. Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency. B. Site lan Review. Review and approval of a site plan by the lanning and Zoning Commission and the City Council (in accordance with Article 2, Division 6 of this Chapter) shall be required for any tract/lot/tract within the LI district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site lan as approved by the City Council. C. Landscaping Requirements. See Article 4, Division 2 of this Chapter. D. Screening Requirements. See Article 4, Division 4 of this Chapter. E. Open storage is limited to a maximum of twenty percent (20%) of the total lot/tract area, shall not be located in front of the building facing the major thoroughfare or on top of the building, and must be screened in accordance with the provisions of Article 4, Division 4 of this Chapter so that it is not visible from any public street or adjacent property. F. Color building facade and elevation plans shall be submitted for review and approval along with the Site lan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The City Administrator or his/her designee may, as he/she deems appropriate, require submission of additional information and materials during the Site lan review process. G. Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes. H. Other Regulations. As established in the Development Standards, Article 4 of this Chapter. DIVISION 11 - LANNED DEVELOMENT OVERLAY DISTRICT - D Sec General urpose and Description A. The City Council of the City of Westworth Village, Texas, after public hearing and proper notice to all parties affected and after recommendation from the lanning and Zoning Commission, may authorize the creation of a lanned Development (D) district. B. The lanned Development (D) district is a zoning district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options, or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A lanned Development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Chapter, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes: 1. To provide for a superior design on lot/tracts or buildings; 2. To provide for increased recreation and open space opportunities for public use and enjoyment; 3. To provide amenities or features that would be of special benefit to the property users or to the overall community; 4. To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats; 5. To protect or preserve existing historical buildings, structures, features or places; 6. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and 7. To meet or exceed the standards of this Chapter.

73 C. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility. Sec ermitted Uses A. An application for a D district shall specify the base zoning district(s) upon which the D is based, and the use or the combination of uses proposed, including any of the proposed uses which are not allowed by right in the base zoning district. B. In the case of residential D districts, the proposed lot/tract sizes shall be no smaller than the lot/tract sizes allowed in the base zoning district for each type of housing except for minor changes in a small percentage of the lot/tracts, not to exceed five percent (5%), in order to provide improved design, or to provide flexibility in the layout of the subdivision or diversity in lot/tract size choices. Sec lanned Development Requirements A. Any development requirements for a particular D district that deviate from those of the base zoning district(s) shall be set forth in the amending ordinance granting the D district. These shall include, but may not be limited to: allowed or additional uses, lot/tract area, lot/tract width, lot/tract depth, yard depths and widths, building height and size, building exterior construction, lot/tract coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, property management associations, and other requirements as the City Council and lanning and Zoning Commission may deem appropriate. B. In the D district, uses and development standards shall conform to the standards and regulations of the base zoning district(s) unless specifically stated otherwise in the D ordinance. The base zoning district(s) shall be stated in the D granting ordinance. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this Chapter as applicable to each base zoning district, applications without this list will be considered incomplete. The D district shall conform to all other regulations of the applicable base zoning district(s), as well as all other sections of the Zoning Ordinance, unless specifically changed or excluded in the ordinance establishing the D. A D that is based upon more than one (1) base zoning district shall also include a legal (metes and bounds) description and graphic exhibit describing/showing the proposed boundaries of each respective area and its base zoning district (e.g., shown as roposed D-SF-A, roposed D-C, etc.). C. The ordinance granting a D district shall include a statement as to the purpose and intent of the D district granted therein, as well as a general statement citing the reason for the D request. D. The minimum acreage for a planned development district shall be one (1) contiguous acre. Sec Submission of Concept lan In establishing a lanned Development district in accordance with this Article, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each D district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan shall be required along with the D zoning application. A preliminary plat may be submitted in lieu of the concept plan for a single- or two-family D, as required by the City Subdivision Ordinance, if the applicant prefers to do so, and if the applicant wishes to expend the resources and funds necessary to prepare a complete preliminary plat submission. A. Concept lan. This plan shall be submitted by the applicant at the time of the lanned Development request. The concept plan is part of the zoning submission process and it is not to be considered a permit as that term is envisioned in Chapter 245 of the Texas Local Government Code, as amended. The plan shall show the applicant s intent for the use of the land within the proposed D district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The City may prepare application form(s) that further describe and explain the following requirements: 1. Residential D Concept lan. A concept plan shall be submitted with any residential D zoning request for a development comprised of single-family or two-family (duplex) dwellings on individually platted lot/tracts, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot/tract arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data. For a single- or two-family D (or portion of a D) - A preliminary plat, as required by the City Subdivision Ordinance, shall be submitted for approval

74 within one (1) year from the approval date of the concept plan for all or some portion of the D covered by the overall D concept plan. If a preliminary plat is not submitted within one (1) year, then the D concept plan may be subject to review by the lanning and Zoning Commission and the City Council to determine its continued validity. If the City determines that the D concept plan is no longer valid or that the proposed development is no longer viable, then a new D concept plan, including a zoning application to amend the D ordinance and its accompanying concept plan, must be submitted for review and approval prior to construction plat review/approval, and any subsequent issuance of a building permit, for any single- or two-family portion of the D district. 2. Nonresidential or Multifamily D Concept lan. A concept plan shall be submitted with any nonresidential, multifamily, single-family attached, or manufactured housing D zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The concept plan shall show the types of use(s) proposed; access, topography and boundaries of the D area; existing physical features of the site; existing and proposed streets, alleys, easements and lot/tract lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development (see Article 2, Division 6 of this Chapter for concept plan requirements and procedures). For a nonresidential, multifamily, single-family attached, or manufactured housing D (or portion of a D) - A detailed site plan shall be submitted for approval within one (1) year from the approval date of the concept plan for all or some portion of the D covered by the overall D concept plan. If a detailed site plan is not submitted within one (1) year, then the D concept plan may be subject to review by the lanning and Zoning Commission and the City Council to determine its continued validity. If the City determines that the D concept plan is no longer valid or that the proposed development is no longer viable, then a new D concept plan, including a zoning application to amend the D ordinance and its accompanying concept plan, must be submitted for review and approval prior to detailed site plan review/approval, and any subsequent issuance of a building permit, for any nonresidential, multifamily, single-family attached, or manufactured housing portion of the D district. B. D Site lan (detailed). Submission and approval of the detailed D site plan shall be in accordance with Article 2, Division 6 of this Chapter, and shall accompany an application for a nonresidential, multifamily, single-family attached, or manufactured housing lanned Development zoning if the applicant prefers to submit the detailed site plan in lieu of the required D concept plan. The detailed D site plan shall establish the final plans for development of the lanned Development district (or any portion thereof), and it shall substantially conform to the site layout and development data approved on the D concept plan, which shall be adopted along with the D ordinance. If a D concept plan was previously approved for the overall D district, then a detailed D site plan, along with the required engineering/architectural site construction plans and preliminary plat, may be submitted for only the sections or lot/tracts that are proposed for immediate development rather than for the entire D. If no concept plan was approved with the ordinance establishing the D, then a concept plan for the entire D must be submitted and approved prior to approval of a detailed site plan, along with the required engineering/architectural site construction plans and preliminary plat, for only the portion(s) of the D that are proposed for immediate development. For any single- or two-family residential district (SF-A, SF-B, SF-C, SF-R), a preliminary plat shall qualify as the site plan. C. Lapse, Extension or Reinstatement of the D site plan shall be in accordance with the provisions above and the provisions in Article 2, Division 6 of this Chapter. Sec Approval rocess and rocedures A. The procedure for establishing a lanned Development zoning district shall follow the procedures for zoning amendments as set forth in Article 2, Division 4 of this Chapter. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan that is submitted along with the D zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the D zoning

75 request shall also include the accompanying concept plan, and if the D is approved then the concept plan shall become a part of the ordinance establishing the D district. B. The ordinance establishing the lanned Development zoning district shall not be approved (or adopted) until the accompanying concept plan is approved by the City Council, and until all other procedural requirements set forth in Article 2, Divisions 4 and 6 are satisfied. Sec Report Required for lanned Development District Zoning Request When a zoning request for a lanned Development district is being considered, a written report from the City Administrator or his/her designee discussing the project s impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies, such as the applicable School District and/or utility companies, may be submitted to the lanning and Zoning Commission prior to the Commission making any recommendations to the City Council. In the event written comments and advisement are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a recommendation to the City Council without said comments or advisement. Sec refix of lanned Development Districts All lanned Development zoning districts approved in accordance with the provisions of this Chapter, as may be amended, shall be prefixed by a D designation and assigned a unique identification number (e.g., D-1, D-2, D- 3, and so on), and shall also be referenced on the Zoning District Map. A list of such lanned Development districts, showing the uses permitted and any other special stipulations of each D district, shall be maintained in the Office of the City Secretary. Sec rior lanned Development Ordinances Remaining in Effect rior to adoption of this Chapter, the City Council previously established certain lanned Development districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this Chapter, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective lanned Development districts shown on the Zoning District Map as of the effective date of this Chapter. Each prior D ordinance is hereby assigned a unique identification number (e.g., D-1, D-2, D-3, and so on), and subsequent D ordinances adopted after the effective date of this Chapter shall be similarly numbered for identification purposes. DIVISION 12 - SECIFIC USE ERMITS Sec urpose and Intent A. Nature of Specific Use. A specific use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This Section sets forth the standards used to evaluate proposed special uses and the procedures for approving Specific Use ermit applications. B. ermit Required. No specific use shall be established and no building permit shall be issued for any use designated as a specific use within any zoning district until a Specific Use ermit (SU) is issued in accordance with the provisions of this Article. An application for an SU shall be accompanied by a concept plan or a detailed site plan prepared in the manner described in Article 2 division 6 of this Chapter. The concept plan or site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Section Sec Status of Specially ermitted Uses The following general rules apply to all special uses: A. The designation of a use in a zoning district as may be permitted by SU in Section of this Chapter does not constitute an authorization or assurance that such use will be approved. B. Approval of an SU shall authorize only the particular use for which the SU is issued.

76 C. No use authorized by an SU shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Specific Use ermit in accordance with the procedures set forth in this Section and Article 2, Division 4 of this Chapter. D. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, and any permits that may be required by regional, State or Federal agencies. Sec Application for Specific Use ermit A. Application Requirements. An application for a Specific Use ermit may be submitted by the property owner or by the property owner s designated representative to the City. The application shall be accompanied by a concept plan or site plan prepared in accordance with the requirements of Article 2, Division 6 of this Chapter. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a Specific Use ermit. B. Subdivision Approval. If the proposed use requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a Specific Use ermit. Approval of the Specific Use ermit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the Specific Use ermit shall take effect upon final plat approval of the phase of the subdivision containing the property on which the special use is to be located. Sec rocedures for Specific Use ermits A. lanning and Zoning Commission Recommendation. Upon receipt of the recommendation from the City Administrator or his/her designee the lanning and Zoning Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the Specific Use ermit application. Following the public hearing, the lanning and Zoning Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council. If the appropriateness of the use cannot be assured at the location, the lanning and Zoning Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district. B. City Council Action. The City Council shall be the final decision-maker on applications for Specific Use ermits. Following a public hearing and in consideration of the lanning and Zoning Commission s recommendations, the City Council shall approve, modify or deny the proposal for a Specific Use ermit in accordance with Article 2, Division 4 of this Chapter. If the appropriateness of the use cannot be assured at the location, the application for Specific Use ermit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district. Sec Standards A. Factors for Consideration. When considering applications for a Specific Use ermit, the lanning and Zoning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the concept plan/site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The lanning and Zoning Commission and the City Council shall specifically consider the extent to which: 1. The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive lan; 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use meets all supplemental standards specifically applicable to the use as set forth in Article 4 of this Chapter; 4. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to: a) Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

77 b) Off-street parking and loading areas; c) Refuse and service areas; d) Utilities with reference to location, availability, and compatibility; e) Screening and buffering features to minimize visual impacts, and/or setbacks from adjacent uses; f) Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; g) Required yards and open space; h) Height and bulk of structures; i) Hours of operation; j) Exterior construction material and building design; and k) Roadway adjustments, traffic-control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate developmentgenerated traffic on neighborhood streets. 5. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity. B. Conditions. In approving the application, the lanning and Zoning Commission may recommend, and the City Council may impose, such additional conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section, in accordance with the procedures in Article 2, Division 4 of this Chapter. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable City Code or Ordinance, and they cannot relax or grant relief from any of the City s minimum standards. Any conditions imposed shall be set forth in the ordinance approving the specific use, and shall be incorporated into or noted on the concept plan or site plan for final approval. The City Administrator or his/her designee shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The City shall maintain a record of such approved special uses and the site plans and conditions attached thereto. C. rohibition on Waivers and Variances. The foregoing additional conditions shall not be subject to variances that otherwise could be granted by the Board of Adjustment nor may conditions imposed by the City Council subsequently be waived or varied by the BOA. In conformity with the authority of the City Council to authorize special uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this Chapter, to secure the general objectives of this Section; provided, however, that the City Council shall not waive or modify any approval factor set forth in Section (A). Sec Expiration and Extension Specific Use ermit may be rescinded by the City Council, on its own motion and at its discretion, for failure to commence development or for failure to extend the time for performance for the concept plan or site plan approved along with the SU ordinance. Sec Amendment No proposed or existing building, premise or land use authorized as a special use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the Specific Use ermit, unless such amendment is authorized in accordance with the standards and procedures set forth in this Section, and the Specific Use ermit and approved concept plan or site plan are amended accordingly. Sec Other Regulations The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use ermit. Sec Use Regulations Uses allowed by SU are specified in Section ARTICLE 4 - DEVELOMENT STANDARDS

78 DIVISION 1 - OFF-STREET ARKING AND LOADING REQUIREMENTS Sec Generally These requirements apply generally to all districts except as otherwise noted: A. arking spaces and loading berths required herein, together with aisles and maneuvering area, shall have an all-weather surfacing, enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley. An all-weather surface shall be construed to mean a bituminous or portland cement concrete paved surface conforming to the requirements of the Standard Construction Specifications of the City of Westworth Village. B. In determining the required number of parking spaces fractional spaces shall be counted to the nearest whole space. arking spaces located in buildings used for repair garages or auto laundries (car washes) shall not be counted as meeting the required minimum parking. C. The floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements. D. Where a lot or tract of land is used for a combination of uses, the off-street parking requirements shall be the composite or sum of the requirements for each type of use and no off-street parking space provided for one type use or building shall be included in calculation of the off-street parking requirements for any other use or building. E. Off-Street arking. For all parking adjacent to a public thoroughfare; parking spaces so situated that the maneuverings of a vehicle in entering or leaving such spaces is done on a public street shall not be classified as off-street parking in computing any parking requirements herein, except in SF-A, SF-B, SF-C, SF-R, MH. F. No off-street parking space shall be located either in whole or in part, in a public street or sidewalk, parkway, alley or other public right-of-way. Maneuvering areas located adjacent to a public street shall be computed from the curb line of the street. Sidewalk areas shall be a minimum of four feet wide and shall be permanently designated. All sidewalks shall be located on public property. G. No off-street parking or loading space shall be located, either in whole or in part, within any fire lane required by ordinance of the City or within aisles, driveways, or maneuvering areas necessary to provide reasonable access to any parking space, except in SF-A, SF-B, SF-C, and SF-R Districts. H. No required off-street parking or loading space shall be used for sales, nonvehicular storage, repair or service activities. I. Lighting facilities, if provided, shall be so arranged as to be reflected away from property zoned or used for residential purposes. J. Carports. 1. Carports are generally prohibited within single-family developments with the exception of any single-family building or structure which was completed prior to the date of adoption of this Chapter by the City Council of the City of Westworth Village. 2. Carports constructed under the exception allowed by Section (J)(1) shall be constructed as follows: a) At least three (3) sides are open and; b) All sides of any carport which is closer than twenty-five (25') feet to any right-of-way line of any public road, street or highway must be open, and; c) The front of the carport overhang shall not be closer than twelve (12') feet to any right-of-way line of any public road, street, or highway. 3. Multifamily and nonresidential developments may construct carports as long as the enclosed number of parking spaces has been achieved and that no carport shall be constructed along the frontage of any public road, street or highway. Carports are to be installed behind the primary structure(s). K. orte-cocheres. orte-cocheres may be constructed within the City of Westworth Village if they are constructed according to the following: 1. Shall be attached to a residence and shall be an integral part of the primary structure.

79 2. Shall not encroach into a required setback as set forth by the underlying zoning district except in the SF-R district. In the SF-R district, porte-cocheres may encroach into the required side yard setback up to three (3') feet from the property line. 3. Shall be erected over a driveway constructed of asphalt or concrete. 4. Shall not exceed one (1) story in height. 5. Shall be open on two (2) or more sides. Sec Minimum Off-Street arking Standards Unless otherwise provided for in this Ordinance, in all districts there shall be provided, in connection with appropriate permitted uses, off-street vehicle parking spaces in accordance with the following requirements: A. In any district, there shall be provided on each single-family residential lot two vehicle parking spaces of not less than one hundred sixty-two (162) square feet each open or enclosed. No driveway may terminate in the front yard except at the point of connection to the structure or in the case of a circular drive, both terminations must be at the curb cuts. The driveway connection to the building must be offset from the centerline of the front building line by a distance of at least twenty-five percent (25%) of the width of the lot, unless connecting directly to a garage or covered parking area. This is not intended to preclude driveways occupying the space between the house and side yard nearest the driveway. B. B. In all districts where such use is permitted, there shall be provided on any lot devoted to multifamily residential use parking spaces of not less than one hundred sixty-two (162) square feet, as provided in Section , Off-Street arking and Loading Requirements. C. Required off-street parking for residential uses shall be provided on the lot or tract occupied by the principal use, except in Single-Family Attached (Townhomes) (SF-C), where one of the required spaces may be within one hundred (100') feet of each lot or tract. D. Required off-street parking for permitted nonresidential uses in the SF Districts and for permitted uses in all other districts shall be provided on the lot or tract occupied by the principal use or upon a lot or tract dedicated to parking use by an instrument filed for record and consolidated under a single Certificate of Occupancy with the principal use. Such parking facility shall be located in the same zoning district as the principal use; provided, that the Board of Adjustment may permit a parking facility as a special exception, under such regulations and conditions as the board may deem advisable, when: 1. The proposed parking facility is on a site within three hundred (300') feet of the principal use property; and 2. The principal use is located in an SF District and the proposed parking facility is located in one of such districts; or 3. The principal use is located in a C or less restrictive district and the proposed parking facility is located in one of such districts. In the granting of such special exception, the board shall approve the location of entrances and exits to parking areas, and may require screening devices along parking area boundaries. 4. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located up to three hundred (300') feet from an institutional building served and up to five hundred (500') feet from any other nonresidential building served. 5. Not more than fifty percent (50%) of the parking spaces required for; (a) theaters, bowling alleys, dance halls, nightclubs, cafes or similar uses, and not more than eighty percent (80%) of the parking spaces required for a church or school auditorium or similar uses may be provided and used jointly by (b) similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that written agreement thereto is properly executed and filed as specified below. 6. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City and executed by the

80 parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. E. In all districts where such use is permitted, there shall be provided for nonresidential use, parking spaces of not less than one hundred sixty-two (162) square feet, as provided in Section , Off-Street arking and Loading Requirements. Such parking spaces shall be striped or otherwise clearly designated on the parking surface, and shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles. F. No publicly owned property may be considered by the owner of any private property in determining whether or not his property meets the parking and loading requirements of this Chapter.

81 Sec Off-Street arking and Loading Space Requirements Table Schedule of arking Requirements Uses (1) RESIDENTIAL No. of arking Spaces Required for Each Additional Requirements (a) Single-Family Detached Unit 2 Dwelling Unit 2 attached and enclosed behind the front building line plus 2 additional parking spaces on a paved driveway. (Except for any primary structure which was constructed prior to the date of approval of this Chapter by the City Council of Westworth Village.) (b) Single-Family Detached (Redevelopment) (c) Single-Family Detached (Zero Lot Line Unit) (d) Single-Family Attached Unit (Townhouse, Duplex) 2 Dwelling Unit 2 attached or detached enclosed behind the primary structure plus 2 additional spaces on concrete or similar surface such as engineered brick pavers. See Division 4.5, Section D for additional parking regulations. All garage doors shall be of high quality design and materials. 2 Dwelling Unit 2 attached and enclosed behind the front building line. Accessed only from rear via an alley 2 Dwelling Unit 2 attached and enclosed behind the front building line. 1 guest/visitor space per 4 units (e) Manufactured Housing Unit 2 Dwelling Unit 2 attached and enclosed behind the front building line. 2 Visitor parking spaces for every 3 manufactured housing lots. 1 vehicle storage space for boats, campers and similar

82 vehicles for every 4 manufactured housing lots. (f) Multifamily Dwelling Unit (Apartment, Fourplex) 1. 5 Efficiency or 1-Bedroom Unit An average of 2 parking spaces per unit shall be achieved for the complex. At least 1 parking space per unit shall be an enclosed garage. 2 2-Bedroom Unit Bedroom Unit 3 4-bedroom Unit (g) Boarding or Rooming House 1 Rooming Unit (h) Hotel, Motel or Tourist Court 1 Guest Room or Residence Unit Minimum of 3 extra for Guests or Visitors, for first twenty rooms then one for every ten rooms thereafter (i) rivate Dormitory per Designed Occupancy 1.5 Two Occupants (2) INSTITUTIONAL AND SECIAL (a) Community or Welfare Center Square Feet of Floor Area (b) School - rivate or ublic 1. Elementary 1 25 Students 2. Junior High 1 18 Students 3. Senior High 1 5 Students (c) lace of ublic Assembly 1 4 Seats (d) College or University 1 4 Day Students (e) Church or Auditorium 1 4 Seats in Sanctuary or per 70 sq. ft. if no fixed seating

83 (f) Kindergarten, Day Nursery or Day Care 1 8 upils (g) Hospital - Chronic Care 1 6 Beds (h) Hospital - Acute Care 1 Bed (i) Home for the Aged 1 Dwelling Unit (j) Library Square Feet of ublic Area (k) Fraternity or Sorority Members or Residents (l) Student Religious Center Square Feet of Floor Area (m) Mortuary, Funeral Chapel 1 4 Seats in Chapel (3) RECREATION, SECIAL AND ENTERTAINMENT (a) Theater 1 4 Seats (b) Bowling Alley 6 Lane 1 per 300 Square Feet Floor Area (c) Tavern, Nightclub 1 30 Square Feet Floor Area (d) Commercial Amusements (Outdoor) of Buildings Square Feet of Site Area Exclusive of Building (e) Ballpark, Stadium 1 8 Seats (f) Lodge, Fraternal Organization Square Feet of Floor Area (4) ERSONAL SERVICE AND RETAIL (a) ersonal Service Shop Floor Area Square Feet of Floor Area (b) Retail Stores or Shops (Inside) Square Feet of Floor Area

84 (c) Furniture Store Floor Area 1 1,000 Square Feet of Floor Area (d) Open Retail Sales Square Feet of Floor Area Exclusive of Building (5) FOOD AND BEVERAGE SERVICE (TO INCLUDE RIVATE CLUBS) (a) Eating or Drinking lace Square Feet of Floor Area Minimum of 12 Spaces (b) Eating or Drinking lace (Inside Only) Square Feet of Floor Area (6) BUSINESS SERVICE (a) Bank Square Feet of Floor Area 3 queue spaces per drive-thru lane (b) Savings and Loan or Similar Institution Square Feet of Floor Area 3 queue spaces per drive-thru lane (c) Medical, Dental, Clinic or Office Square Feet of Floor Area (d) Other Office, Business or rofessional Square Feet of Floor Area (7) AUTOMOTIVE AND EQUIMENT (a) Service Station Floor Area Square Feet of Floor Area (b) Auto Repair, Garage or Shop (Indoor) Square Feet of Floor Area (c) Auto arts and Accessories Sales Square Feet of Floor Area (d) Vehicle or Machinery Sales (Indoor) Square Feet of Floor Area Minimum of 4 Spaces Minimum of 5 Spaces Minimum of 10 Spaces Minimum of 5 Spaces

85 (e) Vehicle or Machinery Sales (Outdoor) 1 1,000 Square Feet of Floor Area (f) Car Wash 5 Service Lane (8) STORAGE, WHOLESALE AND MANUFACTURING (a) Brick or Lumber Yard or Similar Area 1 4,000 Square Feet of Site Area (b) Open Storage of Sand, Gravel or etroleum (c) Warehouse and Enclosed Storage, Wholesale or Manufacture Operation 1 4,000 Square Feet of Site Area 1 3,000 Square Feet of Floor Area (d) Wholesale or Manufacture Operation 1 1,000 Square Feet of Floor Area (e) Freight Docks 1 1,000 Square Feet of Floor Area

86 Sec Dimensions for Off-Street arking A. For 90-degree angle parking, each parking space shall be not less than nine feet (9') wide nor less than eighteen feet (18') in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four feet (24') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty-four feet (24') perpendicular to the building or parking line. B. For 60-degree angle parking, each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than nineteen feet (19') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty feet (20') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty feet (20') perpendicular to the building or parking line. C. For 45-degree angle parking, each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than eighteen feet (18') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen feet (18') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than eighteen feet (18') perpendicular to the building or parking line. D. When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement. When maneuvering space is located adjacent to a public street and no curb line exists or no curb is required, the future curb line shall be located by the City Engineer. E. Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this Chapter, said off-street parking facilities shall comply with minimum requirements for parking and maneuvering space herein specified. Sec Rules for Computing Number of arking Spaces In computing the number of parking spaces required for each of the above uses the following rules shall govern: A. Floor Area shall mean the gross area of the specific use. B. Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number. C. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature. D. Whenever a building or use constructed or established after the effective date of this Chapter, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of 50% or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. E. In the case of mixed uses, the parking spaces required shall equal the sum of the requirement of the various uses computed separately. Sec Off-Street Loading Space Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles or materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements: A. For business and manufacturing uses: one loading space for the first 10,000 square feet of floor area in the building and one additional loading space for each 50,000 square feet, or fraction thereof. B. Each required loading space shall have a minimum size of ten feet (10') by twenty-five feet (25'). Sec Fire lanes Fire lanes shall be provided in all multifamily, single-family attached, manufactured/mobile homes, and nonresidential developments, as required by the adopted fire code of the City. Fire lanes shall be a minimum width of twenty-four (24') feet of paving, and shall have a minimum inside turning radius at curves of twenty (20') feet, or

87 as required by the Fire Code. Street right-of-way of dedicated fire lanes shall be located in such a way as to provide fire access within one hundred fifty (150') feet of all portions of buildings as listed above. The minimum overhead vertical clearance over fire lanes shall be fourteen (14') feet of any overhead structure (e.g., canopy, roof overhang, vertical height control device, etc.). Fire lanes shall be constructed of materials which will comply with the current load weight requirements of fire apparatus utilized in the protection of the City of Westworth Village. DIVISION 2 - LANDSCAE REQUIREMENTS Sec urpose Landscaping is accepted as adding value to property and is in the interests of the general welfare of the City. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area which, in turn, helps to reduce the amount of impervious surface area, stormwater runoff, and consequent nonpoint pollution in local waterways. Therefore, landscaping is hereafter required of new development and redevelopment of existing properties. Sec Scope and Enforcement The standards and criteria contained within this Division are deemed to be minimum standards and shall apply to all new, or altered, exceeding thirty percent (30%) of the original floor area, construction occurring within the City. Additionally, any use requiring a Specific Use ermit or a D zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SU or D district. The provisions of this Section shall be administered and enforced by the City Administrator or his/her designee. The landscape standards in this Section apply to nonresidential and multifamily developments, including uses such as schools and churches within a residential zoning district, and minimal front yard landscaping standards apply to single-family and duplex residential developments and individual lot/tracts. If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this Section, the City Administrator or his/her designee shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant or agent shall have thirty (30) days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this Chapter. Sec ermits No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Administrator or his/her designee, along with the site plan and engineering/construction plans. A landscape plan shall be required as part of the site plan submission, as required in Article 2, Division 6 of this Chapter. The landscape plan may be shown on the site plan (provided the site plan remains clear and legible) or may be drawn on a separate sheet. rior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan. In any case in which a certificate of occupancy is sought at a season of the year in which the City Administrator or his/her designee determines that it would be impractical to plant trees, shrubs or ground cover, or to successfully establish turf areas, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six (6) months of the date of the issuance of the certificate of occupancy. Sec Landscape lan rior to the issuance of a building, paving, grading or construction permit for any use, a landscape plan as part of the site plan shall be submitted to the lanning and Zoning Commission. The Commission, shall review such plans and shall provide City Council with a recommendation and City Council shall take final action on such plans. If the plans are in accordance with the criteria of these zoning regulations an action of approval shall be taken. If the plans are not in conformance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscaping plans shall be prepared by a person knowledgeable in plant material

88 usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information: A. Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form. B. Location, size and species of all trees to be preserved (do not use tree stamps unless they indicate true size and location of trees). C. Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features. D. Species and common names of all plant materials to be used. E. Size of all plant material to be used (container size, planted height, etc.). F. Spacing of plant material where appropriate. G. Layout and description of irrigation, sprinkler, backflow prevention systems, or water systems including location of water sources in accordance with TCEQ Chapter 344 rules. H. Description of maintenance provisions. I. Name and address of the person(s) responsible for the preparation of the landscape plan. J. North arrow/symbol, and a small map showing where the property is located. K. Date of the landscape plan. Sec General Standards The following criteria and standards shall apply to landscape materials and installation: A. All non-paved surfaces shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total pervious surface area. B. lant materials shall conform to the standards of the approved plant list for the City of Westworth Village (see Section for the approved plant list) and the current edition of the American Standard for Nursery Stock (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. C. Trees shall have an average crown spread of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') of crown spread. Large trees shall be a minimum of three inches (3") in caliper (measured four feet (4') above the ground) and seven feet (7') in height at time of planting. Small ornamental trees shall be a minimum of one and one-half inch (1.5") in caliper and five feet (5') in height at time of planting. All new trees shall be provided with a permeable surface under the dripline a minimum of five feet (5') by five feet (5') diameter. D. Shrubs not of a dwarf variety shall be a minimum of two feet (2') in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous seventy-five percent (75%) visual screen which will be at least six feet (6') high within three (3) years after time of planting, except for parking lot/tract/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting. E. Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth. F. Grass areas shall be sodded, plugged, sprigged, or hydro-mulched, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion. G. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting. H. All landscaped areas shall be equipped with an automatic, underground irrigation system with freeze and moisture sensors to prevent watering at inappropriate times. Landscaped areas having less than ten (10) square feet in area may be irrigated by some other inconspicuous method. If appropriate xeriscape planting techniques are utilized, the City Council may waive the requirement for an underground irrigation system at the time of site plan approval. However, the landscaping shall be

89 required to be maintained in a healthy, living and growing condition, and any irrigation devices shall not be visible from public streets or walkways. I. Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of horizontal distance for each one foot (1') of vertical height). All berms shall contain necessary drainage provisions as may be required by the City s Engineer. J. Clear Cutting rohibited. Clear cutting of trees is prohibited within the City of Westworth Village. Cutting of trees and land clearing may be done for development purposes, with a tree removal permit in accordance with an approved final plat and/or engineering site plan. Cutting of trees and land clearing for other-than-development purposes shall be considered by the City Council. The existing natural landscape character of the city shall be preserved to the extent reasonable and feasible. In an area along the street frontage containing a stand of recommended trees, the developer shall use best good faith effort to preserve such trees. Sec Minimum Landscaping Requirements for Nonresidential and Multifamily Developments A. For all nonresidential and multifamily developments, including schools, churches, day care facilities, and other similar uses in a residential district, at least twenty percent (20%) of the lot/tract area shall be pervious, permanently landscaped area. For corner lot/tracts, a six hundred (600) square foot landscaped area shall be provided at the street intersection, which can be counted toward the twenty percent (20%) requirement. B. A minimum twenty-five-foot (25') landscaped street buffer adjacent to the right-of-way of any arterial is required for the first two hundred and fifty feet (250') from the beginning (i.e., tangent) point of the street corner radius. Beyond the first 250 feet, the landscaped street buffer may either continue at the 25-foot width (developer s option), or it shall transition down to a required width of fifteen feet (15') along the remainder of the arterial frontage (minimum length of transition shall be one hundred feet (100')). A minimum fifteen-foot (15') landscaped street buffer shall be required along any street frontage for any other nonresidential or multifamily development (including schools, churches, day care facilities, and other similar uses in a residential district). Corner lot/tracts fronting two (2) arterials shall provide the appropriate required landscape buffer on both street frontages. One (1) large shade tree, four (4) small ornamental trees and four (4) shrubs (five (5) gallon minimum) shall be required per fifty (50) linear feet (or portion thereof) of street buffer frontage. Trees should be grouped or clustered to facilitate site design and to provide an aesthetically pleasing, natural looking planting arrangement. The landscaped street buffer area may be included in the required landscape area percentage. C. Landscape areas within parking lot/tracts should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. Landscape areas shall be no less than five feet (5') wide, shall equal a total of at least sixteen (16) square feet per parking space, and shall be dispersed throughout the parking area (i.e., not confined to the perimeter). There shall be a landscaped area with at least one (1) large shade tree within sixty feet (60') of every parking space. There shall be a minimum of one (1) large shade tree planted within the parking area for every ten (10) parking spaces for parking lot/tracts having more than twenty (20) spaces. Within parking lot/tracts, landscape areas should be located to define parking areas and to assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows and within bays of parking such that bays do not generally exceed fifteen (15) parking spaces in length, and all islands shall contain at least one (1) tree (large or ornamental). All landscape areas shall be protected by a monolithic concrete curb or wheel stops, and shall remain free of trash, litter, and car bumper overhangs. D. Each lot/tract shall provide a minimum five foot (5') wide landscaped buffer strip around the sides and rear perimeters of the lot/tract, provided that each side or rear lot/tract line does not abut residentially zoned property, which requires a screening wall, per Article 4, Division 4 of this Chapter. Within the five foot (5') perimeter buffer, shall be provided a four foot (4') tall screen comprised of hardy, evergreen shrubs, decorative walls with shrubs, or similar landscaping. If a side or rear lot/tract line abuts a residentially zoned property, and for nonresidential and institutional uses in residential zoning districts, then that portion(s) of the perimeter buffer strip shall observe the required screening per Article 4, Division 4 of this Chapter, shall be a minimum of ten feet (10') in width, and shall be required to have one (1) large shade tree, in lieu of the four foot (4') high screen described above for every thirty linear feet (30') for overstory screening/buffering for the adjacent residences. E. Only shrubs, ground covers and small ornamental trees shall be used under existing or proposed overhead utility lines.

90 F. Vehicular driveways from the public right-of-way and sidewalks, in accordance with City regulations, shall be permitted through all required landscaping. Sec Minimum Landscaping Requirements for Single-Family and Two-Family Residential Developments A. For all single-family and two-family developments, each residential lot/tract shall be required to have either two (2) canopy shade trees (3" minimum caliper) or one (1) canopy shade tree (3" minimum caliper) and two (2) ornamental trees (2" minimum caliper). All single-family residential lots of less than 7,200 square feet shall have either one (1) canopy shade tree (3" minimum caliper) or two (2) ornamental trees (2" minimum caliper). B. The shade trees shall be a minimum of three inch (3") caliper measured forty-eight inches (48") above the ground. If the tree is located on a slope, measurement shall be from the highest side of the slope. The shade trees shall be selected from the current approved tree list contained in Section C. Minimum height required. Shade trees: seven feet (7'). Sec Sight Distance and Visibility A. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections (see Section for visibility requirements at street intersections and corners). B. Landscaping, except required grass and low ground cover, shall not be located closer than three feet (3') from the edge of any vehicular pavement in order to avoid visibility problems when plant materials mature. C. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Administrator or his/her designee, the requirements set forth herein may be slightly reduced, if necessary, to remove the conflict. Sec Maintenance A. The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. lant materials which die shall be replaced with plant material of similar variety and size, within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured four foot (4') above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured four foot (4') above the ground on a caliper-inch for caliper-inch basis (e.g., for a 6" tree, two 3" replacement trees shall be required). A time extension may be granted by the City Administrator or his/her designee if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his/her agent. B. It shall be the duty of any person or persons owning or occupying real property bordering on any street to prune trees next to the street in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view from any street or alley intersection (see visibility requirements, Section ). The minimum clearance of any portion of a tree overhanging public street right-of-way shall be fourteen feet (14'), and overhanging a public sidewalk shall be eight feet (8'). C. Failure to maintain any landscape area in compliance with this Section is considered a violation of this Section and may be subject to penalties of Section Sec Common Name Approved lant List Table Approved lant List Scientific Name Canopy Trees Bald Cypress Texas Red Oak Taxodium distichum Quercus texana

91 Bur Oak Live Oak Red Oak Lacey Oak Chinquapin Oak Escarpment Live Oak ost Oak Cedar Elm Lace Bark Elm Chinese istache Texas Ash ecan (native) Southern Magnolia Black Walnut Eastern Red Cedar Bigtooth Maple Caddo Maple Western Soapberry Osage Orange Quercus macrocarpa Quercus virginiana (Escarpment) Quercus shumardi Quercus glaucoides Quercus muhlenbergii Quercus fusiformis Quercus stellata Ulmus crassifolia Ulmus parvifolia istacia chinenis Fraxinus texensis Carya illinoinensis Magnolia grandiflora Juglans nigra Juniperus virginiana Acer gradidentatum Acer saccharum Sapindus drummondii Maclura pomifers (thornless and fruitless) Ornamental Trees Yaupon Holly ossumhaw Holly Crape Myrtle Redbud Eve s Necklace Texas Mountain Laurel rairie Crabapple Mexican lum Wax Myrtle Hawthorne Hawthorne Hawthorne Ilex vomitoria Ilex decidua Lagerstroemia indica Cercis canadensis Sophora affinis Sophora secundiflora yrus ioensis runus mexicana Myrica cerifera Crataegus phaenopyrum Crataegus crus-galli Crataegus reverchonii

92 Chaste Tree Mexican Buckeye Rusty Blackhaw Viburnum Smoketree Smoketree Desert Willow Goldenball Leadtree Texas Buckeye False Indigo Texas ersimmon Carolina Buckthorn rairie Flame-leaf Sumac Vitex agnus-castus Ungnadia speciosa Viburnum rufidulum Cotinus obovatus Cotinus caggyria Chilopsis linearis Leucaena rietusa Aesculus glabra var. arguta Amorpha fruticosa var. angustipolic Diospyros texana Rhamnus caroliniana Rhus lanceolata Shrubs Cenizo Red Yucca Lantana Turk s Cap avonia rickly ear Cherry Sage Rough Leaf Dogwood American Beautyberry Bird of aradise Coralberry Elaeagnus Holly, Dwarf yaupon Holly, Dazzler Holly, Nellie R. Stevens Hypericum, Upright Mahonia, Leatherleaf Nandina, Compact Nandina, Gulfstream Leucophyllum frutescens Hespenaloe paruiflora Lantana horrida Malvaviscus drummondii avonia lasiopetala Opuntia phaceacantha Salvia greggii Cornus drummondii Callicarpa americana Caesalpinia gilliesii Symphoricarpos obiculatus Elaeagnus macrophylla Ilex vomitoria Ilex cornuta Dazzler Ilex x Nellie R. Stevens Hypericum patulum Mahonia bealeii Nandina domestica compacta N. d. Gulfstream

93 Nandina, Standard hotinia, Chinese rivet, Southern River rivet, Variegated Spiraea, Anthony Waterer Sumac, Smooth Wax Myrtle, Dwarf N. domestica hotinia serrulata Ligustrum vulgare Ligustrum luicidum variegata Spiraea x bumalde goldflame Rhus glabra Myrica pusilla Sec Non-desirable lant Materials The following plant materials are non-desirable. Due to their detrimental impact on foundations, sidewalks and other impervious areas, their negative impact on the built environment, and/or their intolerance to natural conditions, these plant materials shall not be used. If these materials are existing, they do not have to be removed from the site. They may not, however, be counted towards meeting any landscaping required by this article. Table Non-Desirable lant Materials American Elm Arizona Ash Bois d'arc Cottonwood Fruitless Mulberry Hackberry Lombardy oplar Mimosa Mulberry Siberian Elm Silver Maple Sycamore Weeping Willow DIVISION 3 - ACCESSORY BUILDING AND USE REGULATIONS Sec General Requirements A. In a residential district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located in the rear portion of the property. B. In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located in the rear portion of the property and must match the design standards and be constructed out of the same material as the main structure of the primary building in regards to the exterior finish. C. Accessory dwelling units in SF-A zoning districts shall be allowed as an incidental residential use of a building on the same lot/tract as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards: 1. The accessory dwelling unit must be constructed to the rear of the main dwelling, and separate from the main dwelling. 2. The accessory dwelling unit may be constructed only with the issuance of a building permit, and shall be constructed out of the same material as the main structure. 3. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet. 4. Setback requirements shall be the same as for the main structure. 5. Accessory dwellings are not permitted without the main or primary structure.

94 6. All accessory dwellings and accessory structures shall use the utilities from the main structure electrical service, water and sewer, and other utilities. 7. Accessory dwellings shall conform to the height limitations for accessory buildings in each zoning district. No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one (1) accessory dwelling unit (i.e., garage/accessory dwelling, servant s/caretaker s quarters, etc.) shall be allowed on any lot/tract within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold. Sec Area Regulations for Residential Districts A. Size of Yards: 1. Front Yard: Detached accessory buildings shall be prohibited in front of the main building. 2. Side and Rear Yards: a) There shall be an interior side and rear yard setback not less than ten feet (10') from any side or rear lot/tract line provided that such accessory building is separated from the main building by a minimum distance of ten feet (10'). In the case of an accessory building (of any size) being closer than ten feet (10') to the main building, the minimum side and rear yard requirements for the main building shall be observed. A side yard adjacent to a street shall observe the same setback as the main building. b) A side/rear setback of five feet (5') may be used for a portable (i.e., removable) accessory building not exceeding one hundred twenty (120) square feet in floor area, and not exceeding a total ridge height of eight and one-half feet (8.5'), as the case may be on new construction permitted subsequent to adoption of this ordinance. c) Garages located and arranged so as to be entered from an interior side yard shall have a minimum setback of twenty-four feet (24') from the side lot/tract line. Garages arranged to be entered from the side yard, facing a public street, or from a rear or side alley shall have a minimum distance equal to the required yard for the main building or twenty-four feet (24'), whichever is greater. B. Carports are prohibited within residential districts with the exceptions of Section (J). C. Accessory buildings are not permitted without a main structure. D. Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings (including accessory dwellings) may be allowed in certain zoning districts by SU if there is no adverse impact upon adjacent properties. E. Metal, masonry, cementitious fiberboard, or wooden portable accessory buildings less than one hundred twenty (120) square feet and no greater than eight and one-half feet (8.5') in total ridge height are permitted. Such buildings shall not be used as an enclosed parking area or garage. F. In all residential districts, the total floor area of all accessory structures shall not exceed fifty percent (50%) of the square footage of the livable area of the residence on the premises, or five percent (5%) of the lot/tract area, whichever is larger. G. There shall be no more than two (2) accessory buildings on any residential lot/tract. H. Accessory buildings and structures clearly incidental to a farm, ranch, orchard, truck garden or nursery (including but not limited to barns, stables, equipment sheds, poultry houses, swine pens, granaries, pump houses, water tanks and silos) are permitted in the SF-A district provided that accessory buildings and structures on tracts that contain less than four (4) acres shall be limited to fifty (50%) percent of the area of the principal dwelling, provided further that such allowable area shall not be less than one thousand five hundred (1,500) square feet. Sec Area Regulations for Accessory Buildings in Nonresidential and Multifamily Districts A. Size of Yards: 1. Front Yard: Same as for main structure. Detached accessory buildings shall be prohibited in front of the main building. 2. Side and Rear Yards: Same as for main structure.

95 B. Carports. Refer to Section (J) regarding the use of carports in the City of Westworth Village. C. Accessory buildings are not permitted without a main structure. D. Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings may be allowed in certain zoning districts by SU if there is no adverse impact upon adjacent properties. E. Metal, masonry, cementitious fiberboard, or wooden portable accessory buildings less than one hundred twenty (120) square feet and no greater than eight and one-half feet (8.5') in total ridge height are permitted, but only if a solid fence or wall of eight feet in height and built as the structure is built on the side/rear lot/tract line to screen the building from adjacent property and from the view of a public street. Such buildings shall not be used as an enclosed parking area or garage. Sec Exterior Construction Standards for Accessory Buildings See Section for exterior construction standards for accessory buildings. DIVISION 4 - FENCING, WALLS AND SCREENING REQUIREMENTS Sec urpose To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this Section in accordance with the following standards. Sec Screening of Nonresidential, Multifamily Areas and Manufactured Housing Subdivisions A. In the event that a multifamily or manufactured housing district (including lanned Developments - Ds) sides or backs upon a single-family or duplex residential district, or in the event that a nonresidential district (including Ds) sides or backs upon any type of residential, a solid brick/masonry screening wall of not less than six feet (6'), nor more than eight feet (8'), in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. 1. For these required screening walls, and also for screening walls/fences along arterials, ornamental lighting and detailing that are placed on top of the masonry support columns may exceed the maximum eight-foot (8') height limit by up to twenty-four inches (24") provided that they are decorative in nature and are integrated into (and complementary to) the design of the screening wall, and provided that light fixtures do not illuminate adjacent property or cause a nuisance to adjoining neighbors. 2. Grand entryway features into subdivisions from an arterial shall be located on private property, and shall be owned and maintained by a private entity. 3. Such features shall not extend over public right-of-way, and shall be limited to a height of ten feet (10') above grade unless otherwise approved on the screening/ landscaping plans by the City Council, upon recommendation by the lanning and Zoning Commission. 4. All fences/walls, other than private wood fences on residential lot/tracts, which shall only require a fence permit from the City, and subdivision entryway features shall be properly engineered, and shall be approved by the City Administrator or his/her designee and by City Council through the site plan review process. 5. The owner of the multifamily or manufactured/mobile home property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the singlefamily or duplex residential district. 6. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall. 7. Any screening wall or fence required under the provisions of this Section or under a Specific Use ermit, lanned Development district, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings, except limited gates for pedestrian access, if approved, and which are finished on both sides with the same or similar materials and colors as the main building on the property that is responsible for the screening wall. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. 8. Alternative equivalent screening may be approved through the site plan approval process.

96 B. In nonresidential, multifamily and manufactured housing districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area. In this case, the screening fence/wall shall be extended out to the street right-ofway line by the developer of the nonresidential, multifamily or manufactured/mobile home development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the main buildings, except for a manufactured housing park. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multifamily or manufactured/mobile home development (see Section for sight visibility requirements). C. All fences and walls require permits. D. In districts permitting open storage, screening shall be required only for those areas used for open storage. All materials shall be adequately screened from visibility. A minimum six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods: 1. Solid masonry (brick, concrete block or concrete panels). 2. Wrought iron (style - which includes steel or aluminum materials) with solid landscape screening. 3. Alternate equivalent screening may be approved through the site plan approval process. No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') shall require a Specific Use ermit. E. Refuse storage areas which are not within a screened rear service area and which are visible from a public rightof-way for all nonresidential, multifamily and manufactured housing park uses shall be visually screened by a minimum six foot (6') solid masonry wall on at least three sides. The fourth side, which is to be used for garbage pickup service, shall provide a solid gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading. F. lans and specifications for screening and/or fencing around ground-mounted utility structures shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the City Administrator or his/her designee for review and approval prior to construction of said screening/fencing. Sec Fences in Residential Areas A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 1. Build shall mean construct, erect, or place or cause, suffer or allow another to construct, erect or place. 2. Fence shall mean any structure which exceeds eighteen (18) inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in this Chapter. 3. Residentially zoned shall mean property zoned single-family, single-family attached, or any property zoned as a planned development district, where the base zoning within the D district is one (1) of the foregoing. 4. Zoning ordinance shall mean City Zoning Ordinance, as set out in this Chapter, as amended. B. Height Limitation. No fence shall be built so as to exceed eight (8') feet in height on any residentially zoned property. C. Measurement of Fence Height. Fence height shall be measured from the grade adjacent to the fence from the applicant s side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from the top of the retaining wall. D. lacement of osts and Rails. osts and rails must be placed on the inside of the fence so that they are not facing a street. Where fences are adjacent to an arterial or collector road as defined by the City, posts shall be composed of metal. E. lacement of Double Fencing: The placement of double fencing surrounding or abutting any single-family tract/lot is prohibited. Double fencing shall include two or more fence lines on or adjacent to each other which may define the property line or close approximation thereof.

97 F. ermit Requirement. It shall be unlawful for any person to construct or repair a fence that is equal to or greater than twenty-five (25) percent of the total existing linear footage of a fence on any lot without having first obtained a fence permit from the City. A person may not construct or repair less than twenty-five (25) percent of the total linear footage of a fence more than once in a consecutive six-month period. Adequate plans and specifications, as determined by the City Administrator or his/her designee, must accompany each application for a permit. 1. Maintenance. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when installed and accepted as provided herein, and shall be maintained as follows: a) Such fence shall not be out of vertical alignment more than twenty (20%) percent. b) All damaged, removed or missing portions of such fence shall be replaced or repaired with comparable materials of a comparable color to the remaining portion of such fence. 2. Appeals. a) An appeal from a decision of the City Administrator or his/her designee under the terms of this article shall be made to the Board of Adjustment. b) When in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may authorize special exceptions to the regulations provided in this article in order to permit reasonable development and improvement of property where the literal enforcement of the regulations would result in an unnecessary hardship. G. rohibited Materials. 1. No person shall build any fence composed, in whole or in part, of: a) Barbed wire or razor wire; b) Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires; c) Used materials (as defined by the City); d) An electric fence; e) Galvanized sheetmetal, corrugated metal, or corrugated fiberglass (excluding vinyl or fiberglass composite manufactured specifically as fencing materials); or f) Materials not approved for exterior exposure. g) Chain-link fencing with the exception of any building or structure which was completed prior to the date of adoption of this Chapter by the City Council of the City of Westworth Village. 2. The following are affirmative defenses to a violation of this section: a) When mandated by state or federal statute. b) When required for public safety for local governmental facilities. H. Not ermitted on ublic roperty. No fence or any part of such fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a plane so as not to overhang public property. I. Within Easements. No newly constructed fence shall be located within any easement except by prior written approval of all agencies having any interest in such easement. Fences within utility and maintenance easements must be constructed with metal posts and removable fence sections. All vertical bars must be a minimum of three (3) inches on center and must not exceed three and fifteen-sixteenths (3-15/16) inches on center. The maximum diameter of all vertical and horizontal bars shall be two (2) inches. The minimum clearance between the bottom of the fence and grade is two (2) inches. J. Screening Walls. Where new subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a public place including but not limited to, thoroughfares, arterial roads, drainage easements and public parks, a screening wall shall be provided meeting Section K. Front Yard Fencing. No front yard fencing shall be allowed within the SF-R district. For all other districts no fence shall be built within the required front yard, as defined in the Zoning Ordinance, except for lots that have an area of one and one-half acres (1.5) acres or greater. Front yard fencing shall be limited to four (4) feet in height and shall not be of solid construction, providing that at least fifty (50%) percent of the fence be open. L. Gates Required.

98 1. Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three (3) feet in width and with a minimum headroom clearance of six (6) feet, eight (8) inches in height. 2. Gates for vehicular use must be a minimum of twenty-four (24) feet from the property line for all types of property other than residential. M. Wind Load Requirement. Fences must be able to structurally support fencing materials for a seventy (70) MH wind speed. N. Sight Visibility. See Section for sight visibility requirements for fences and screening walls. O. Special urpose Fencing. Special purpose fencing, such as fencing around tennis courts, dog runs, etc. is permitted. Special purpose fencing shall comply with the requirements as set forth in this section. Smooth, nonclimbable two-inch by four-inch mesh on metal posts will be acceptable behind the building line. Any other materials require approval from the City Administrator or his/her designee.. re-existing Nonconforming Fences. A fence that does not comply with the requirements of this Article as of the effective date of this Chapter, shall be allowed to remain on the property. In addition, the owner of property shall be allowed to repair or replace a pre-existing nonconforming fence with identical materials used in the construction of the pre-existing nonconforming fence, or shall use materials authorized by this Chapter. In no event, shall the owner of property be allowed to repair or replace a pre-existing nonconforming fence with different materials prohibited by this section. DIVISION 5 - EXTERIOR CONSTRUCTION AND DESIGN REQUIREMENTS Sec Definitions The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Masonry Construction. This term shall be construed to mean that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows. As applicable to meeting the minimum requirements for the exterior construction of buildings within each zoning district, the term masonry construction shall include the following materials: 1. Hard fired brick (kiln fired clay or slate material; severe weather grade; minimum thickness of three inches when applied as a veneer; shall not include unfired or underfired clay, sand or shale brick; may include concrete brick if it conforms to the same ASTM standards, and to the above stated additional standards, as hard fired clay brick); 2. Stone (includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all-weather stone that is customarily used in exterior building construction; may also include castor manufactured-stone product, provided that such product yields a highly textured, stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance-free; natural or man-made stone shall have a minimum thickness of three and five-eighths inches when applied as a veneer); 3. Decorative concrete block (highly textured finish, such as split-face, indented, hammered, fluted, ribbed or similar architectural finish; coloration shall be integral to the masonry material and shall not be painted on; minimum thickness of three and five-eighths inches when applied as a veneer; shall not include lightweight or featherweight concrete block or cinder block units); 4. Concrete pre-cast or tilt-wall panels (only allowed if a highly textured, architectural finish which is at least as textured in appearance and physically as face brick or stone; can be brick-like or stone-like in appearance; coloration shall be integral to the masonry material and shall not be painted on; shall not include smooth, untextured or inadequately textured finishes); and 5. Glass blocks or tiles (of the type customarily used in exterior building construction; shall not comprise more than thirty percent (30%) of any exterior wall surface, nor more than twenty percent (20%) of the building s total exterior on all wall surfaces combined; shall not be highly reflective or mirror-like finish).

99 6. Stucco, exterior plaster, adobe or mortar wash surface material as long as the installation of the stucco is of a traditional three-part process. B. The following materials shall not qualify nor be defined as masonry construction in meeting the minimum requirements for the exterior construction of buildings: 1. Exterior insulation and finish system (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material; 2. Cementitious fiberboard siding (such as Hardylank, HardyBoard, or similar products); 3. VC or other plastic-based siding material; 4. Lightweight or featherweight concrete blocks or cinderblocks; or 5. Any other cementitious product not listed above. C. See the definition of masonry construction in Section Sec Minimum Exterior Construction Standards The standards and criteria contained within this subsection are deemed to be minimum standards and shall apply to all new building construction occurring within the City. A. Single-Family. 1. All new single-family residences located within SF-B and SF-C zoning districts shall be of exterior fire-resistant construction, and shall have at least one hundred percent (100%) of the total front exterior walls, excluding doors and windows, and seventy-five percent (75%) of the total side and rear exterior walls, excluding doors and windows, constructed of brick, stone, or other masonry material of equal characteristics in accordance with the City s Building Code and Fire revention Code. 2. All new single-family residences located within SF-A shall be of exterior fire-resistant construction, and shall have a minimum of eighty-five percent (85%) masonry construction for the entire residence. 3. All new single-family residences located within the SF-R district shall be of exterior fire-resistant construction and shall have 100% of front, side and rear exterior, excluding doors and windows, constructed of brick, stone, or other approved masonry material. Unique or innovative architectural styles may be evaluated by the City Administrator. 4. Areas of a residence elevations that are devoted to windows, doors, covered porches or stoops, chimneys, breezeways or courtyards shall not be counted as wall surface when calculating the masonry requirement provided that covered porches and stoops are at least four feet (4') deep and eight feet (8') wide (i.e., at least thirty-two (32) square feet in area) and breezeways are not over four feet (4') wide and eight feet (8') deep (i.e., no larger than 32 square feet in area) and courtyards are no larger than 500 sq. feet. 5. Concrete, concrete block or metal exterior construction is not permitted on any single-family residential structure. 6. Roof materials for a single-family structure shall be comprised of architectural/ dimensional composition shingle (30-year minimum), flat pan standing seam metal roofing (only with a factory baked-on muted color finish; no bright colors or natural-colored metal roofing allowed), or terra-cotta or slate tile in muted colors. Minimum roof pitch shall be at least 8:12, unless otherwise stated in the applicable zoning district or D ordinance. Exceptions to roof pitch based on unique or innovative architectural styles shall be evaluated by the City Administrator or his/her designee as to the applicability and/or appropriateness of the style within the community. B. Multifamily and Single-Family Attached Residential. 1. All multifamily and single-family attached residential dwelling units shall be of exterior fireresistant construction, and shall have a minimum of eighty-five percent (85%) masonry construction for the entire structure. 2. Any exterior elevation of a multifamily or single-family attached building that faces, or is visible from, a public or private street shall be one hundred percent (100%) masonry. No single elevation of the residence shall be comprised of less than seventy-five percent (75%) masonry construction. Areas of a multifamily or single-family attached building elevation that are devoted to windows, doors, covered porches or stoops, chimneys, breezeways or courtyards shall not be counted as wall surface when calculating the masonry requirement provided that covered porches and stoops are at least four feet (4') deep and eight feet (8') wide (i.e., at least thirty-two (32) square feet in area) and breezeways

100 are not over four feet (4') wide and eight feet (8') deep (i.e., no larger than thirty-two (32) square feet in area) and courtyards are no larger than 500 sq. feet. 3. Concrete, concrete block, or metal exterior construction is not permitted on any multifamily or single-family attached residential structure. 4. Roof materials for a multifamily or single-family attached structure shall be the same as for singlefamily detached or duplex residences as per Subsection (A) above. 5. All elevations of buildings that face a public street or a residentially zoned district shall have elevation offsets of at least five feet (5') for every fifty foot (50') length of flat wall, both horizontally and vertically. C. Nonresidential and Institutional Buildings. 1. All nonresidential and institutional buildings shall have a minimum of one hundred percent (100%) masonry construction. 2. Any roof materials for a nonresidential or institutional structure that are visible from a public street shall be comprised of architectural/dimensional, composition shingle (30-year minimum), flat pan standing seam metal roofing (only with a factory baked-on muted color finish; no bright colors or natural-colored metal roofing allowed), or terra-cotta or slate tile in muted colors. Minimum roof pitch of a gabled or otherwise pitched roof shall be at least 8:12, unless otherwise stated in the applicable zoning district or D ordinance, and except for flat-roofed structures that shall have a highly articulated parapet that conceals the roof and any roof-mounted equipment. 3. All facades of main buildings that face a public or private street or a residentially zoned district shall have elevation offsets of at least five feet (5') for every fifty-foot (50') length of flat wall, both horizontally and vertically. D. Exemptions. The following structures are exempt from the masonry construction requirements outlined within this subsection: 1. Historic structures (with a local, State or national designation/registry as an historic structure); 2. Accessory building in a single-family, duplex or single-family attached zoning district that has equal to or less than one hundred twenty (120) square feet of floor area; 3. Accessory and maintenance buildings (any size) for a public golf course, a public or parochial school no larger than one hundred twenty (120) square feet, or any City facility; 4. Temporary construction buildings and field offices (provided that such facilities are legally permitted by the City for a specific period of time, and provided that they are completely removed from the premises upon expiration of the permit or upon completion of construction, whichever occurs first); Temporary sales offices shall be permitted with first model home, provided that sales office is completely removed from the premises upon expiration of the permit or upon completion of construction; and 5. Residential and nonresidential structures legally in existence as of the effective date of this Chapter, and any additions to such structures that do not exceed twenty percent (20%) of the original building size (as it existed on the effective date of this Chapter). Such additions shall be allowed to be constructed of the same exterior materials as the original building. E. Accessory Buildings. 1. In a single-family, single-family attached zoning district - Accessory buildings that have over one hundred twenty (120) square feet of floor area shall conform to the minimum exterior construction standards for the main building on the lot/tract, tract or site, and shall be compatible in exterior finishes and colors as the main building. 2. In a multifamily or nonresidential zoning district - Accessory buildings (any size) shall conform to the minimum exterior construction standards for the main building on the lot/tract, tract or site, and shall be architecturally compatible in design and constructed of the same exterior finishes and colors as the main building. F. Alternative Exterior Materials. 1. All written requests for alternative exterior building materials shall be clearly noted and described in detail on a color elevation plan that is submitted along with the site plan (for multifamily, singlefamily attached and nonresidential structures only). The City shall require submission of an actual sample(s) of the proposed exterior finish material(s) along with the elevations plan and the site plan.

101 2. The lanning and Zoning Commission may recommend, and the City Council may approve, an alternative exterior construction material(s) if it is determined to be equivalent or better than the exterior materials otherwise required by this Subsection and by the City s Building Code as part of the site plan approval process. 3. Consideration for exceptions to the above exterior construction requirements shall be based only upon the following: a) Architectural design, creativity and innovation; b) Compatibility with surrounding structures; c) Relative ease of maintenance of the material(s); d) Long-term durability and weather-resistance of the material(s); and e) Long-term stability in property value due to the high quality of the material(s). DIVISION 6 - SULEMENTAL REGULATIONS Sec Setback Measurements A. Measuring Setbacks. All setback measurements shall be made as described in Article 3, Zoning Districts. B. Building Setbacks. All setbacks established on a recorded plat shall be enforced, even if they exceed the required setbacks in this Chapter. Setbacks established on a recorded plat shall only be changed via ordinance. Sec Front Yard A. On all corner lot/tracts, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and duplex lot/tracts have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard. B. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. C. The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. Open porches extending into the front yard shall not be enclosed. D. Minimum lot/tract widths for lot/tracts with predominate frontage on the curved radius of a street (e.g., culde-sac or eyebrow portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the final plat. Lot/tract widths for all lot/tracts shall be as set forth in the respective zoning district for each lot/tract. E. Gasoline service station pump islands (and their canopy structures) that parallel a public street may be located a minimum of eighteen feet (18') to the property line adjacent to a public street. For pump islands (and canopies) that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. ump islands and their canopies may extend beyond the front building line as described above, provided that all other requirements of this Chapter are met, but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street. F. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line. Sec Side and Rear Yards A. Unless otherwise provided in this Ordinance, every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side or rear yard, and roof eaves projecting not to exceed forty-eight inches (48") into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be

102 enclosed. A canopy may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet (5') from the adjacent property line. B. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line. C. Where retaining walls are installed/required, said retaining walls shall be constructed of stone, brick or other masonry materials. Wood products/materials are not approved for retaining wall development/construction. Sec Special Height Regulations In districts where the height of buildings is restricted to two (2) or more stories, cooling towers may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water standpipes and tanks, church steeples, domes and spires, ornamental cupolas, City or School District buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit. Sec Communications Antennae and Support Structures/Towers A. Applicability. 1. These regulations apply to all commercial and amateur antennae and support structures, unless exempted in Subsection (2) below. 2. Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the FCC), television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty feet (20') or more in height: a) In a nonresidential zoning district, antennae that are two meters or less in diameter; b) In any zoning district, antennae or satellite dishes less than four (4') feet in diameter designed to only receive television broadcasts; c) In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and d) In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet (20') in height. 3. Support structures or antennae legally installed before the effective date of this Chapter are not required to comply with this Chapter, but must comply with all applicable State, Federal and local requirements, building codes and safety standards. B. Special Definitions. For the purpose of this Section, the following special definitions shall apply: 1. Antenna, Microwave Reflector & Antenna Support Structure means an antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (TVROS), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors. 2. Antenna (Noncommercial/Amateur) means an antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet (6') in diameter shall also be considered as a noncommercial antenna. 3. Antenna (Commercial) means an antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet (6') in diameter shall also be considered as a commercial antenna.

103 4. Collocation means the use of a single support structure and/or site by more than one communications provider. 5. Communications Operations (Noncommercial/Amateur) means the transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain. 6. Communications Operations (Commercial) means the transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain. 7. Height means the distance measured from the finished grade of the lot/tract/parcel to the highest point on the support structure or other structure, including the base pad and any antennae. 8. Radio, Television or Microwave Tower. See Antenna, Microwave Reflector & Antenna Support Structure. 9. Telecommunications Tower or Structure. See Antenna, Microwave Reflector & Antenna Support Structure. 10. Temporary/Mobile Antenna means an antenna and any associated support structure/equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment. 11. Wireless Communication Tower or Structure. See Antenna, Microwave Reflector & Antenna Support Structure. C. General Requirements. 1. Antennae and support structures may be considered either principal or accessory uses. 2. Antenna installations shall comply with all other requirements of the Zoning Ordinance and the Code of Ordinances, unless otherwise specified herein or exempt under applicable state or federal law. 3. No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure, unless otherwise specified herein. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building. 4. No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards. 5. All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission ( FCC ), the Federal Aviation Administration ( FAA ), and/or all other applicable Federal, State and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six (6) months or as may otherwise be required by the applicable regulating authority. 6. A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless otherwise exempt from these regulations. All installations shall comply with applicable Federal, State and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance. 7. Amateur or commercial antennae shall not create electromagnetic or other interference with the City of Westworth Village and Tarrant County s radio frequencies and public safety operations, as required by the FCC. 8. No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas or a traffic safety problem. 9. Safeguards shall be utilized to prevent unauthorized access to an antenna. Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a

104 fence, a climbing guard, warning/hazard signs or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use. 10. Temporary antennae shall only be allowed in the following instances: a) In conjunction with a festival, carnival, rodeo or other special event/activity; b) In case of an emergency (e.g., severe weather, etc.) or a news coverage event; c) When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna. 11. Collocation is greatly encouraged by the City. a) All new support structures over fifty feet (50') in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided. b) A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty feet (50') of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by SU, then its new location shall be within the physical/land boundaries of the SU). The original (i.e., former) support structure shall be removed from the property within ninety (90) days following completion of the new structure. c) Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure. 12. Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, they shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. They shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet (3'), and which will attain an ultimate height of six feet (6') at maturity. A six-foot (6') solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron may only be used in conjunction with a landscaped screen as specified above. 13. Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39") in diameter and antennae do not extend over ten feet (10') above the roof of the building. A letter certifying the roof s/building s structural stability shall be written and sealed by a registered architect or engineer, and shall be submitted to the City Administrator or his/her designee prior to any approval of a roof-mounted antenna. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings. 14. All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification/replacement. 15. Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications, etc.). 16. In all residential zoning districts, or adjacent thereto (including SF-A, SF-B, SF-C, MF and MH), commercial antennae and antenna support structures are not allowed, except as specified within this Section.

105 a) A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure. 17. A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties. 18. In nonresidential zoning districts (including O, C, and LI), commercial antennae and antenna support structures are allowed as follows: a) Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Specific Use ermit (SU), up to a maximum of one hundred seventy-five (175') feet, provided the structure conforms in all other aspects of the base zoning district s regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts. b) A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure. c) A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties. Sec Minimum Dwelling Unit Area Minimum dwelling unit areas specified in this Chapter shall be computed exclusive of breezeways, garages, open or covered porches, and accessory buildings. The minimum dwelling unit area shall be defined as the habitable floor area of the dwelling. Sec Open Storage Areas Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in Section ). Sec Sight Visibility A. Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping, sign or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between twenty-four inches (24") and eight feet (8') above the ground. The triangular areas are defined as follows: 1. Alley intersects a public street right-of-way. The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection, and the third side being a line connecting the ends of the other two (2) sides. 2. Minor street intersection (except a street intersecting onto an arterial, see below) or intersection of private driveway onto a public street. These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length along the right-of-way lines (or along the driveway curb line and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides.

106 3. Major street intersection (the intersection of two arterials). These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of fifty feet (50') in length along the right-of-way lines from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides. B. Shrubs and plant materials that are typically less than twenty-four inches (24") in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of twenty-four inches (24"). C. A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, picket fence effect when they attain mature size. Sec ad Sites A. ad sites, which shall be defined as sites or lot/tracts that are no larger than one and one-half (1.5) acre in size, shall not occupy more than seventy-five percent (75%) of any street frontage of a development. B. Buildings on pad sites may not block more than fifty percent (50%) of the view into a development. Sec Access Standards for Nonresidential and Multifamily Lot/Tracts A. All nonresidential lot/tracts, including pad sites, shall share driveway curb openings via mutual access easements from one lot/tract to adjacent lot/tracts, for fire and emergency access, as well as for public convenience. B. All nonresidential and multifamily lot/tracts, including pad sites, shall have either direct or indirect, via mutual access/fire lane easements on adjacent property, access to a median opening if located on a median-divided roadway, whether existing or planned in the future. Driveways for all nonresidential and multifamily lot/tracts, including pad sites, shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway. DIVISION 7 - SECIAL REGULATIONS FOR CERTAIN TYES OF USES Sec Day Care Centers A. Site plan approval by the lanning and Zoning Commission and City Council shall be required for all day care center sites, whether or not an SU is required. B. Day care centers are a permitted use by right if operated by an organized church and within the building complex of said church. However, operation of day care facilities requires site plan approval and issuance of a Certificate of Occupancy for day care. C. Day care centers are permitted in nonresidential districts only when: 1. The day care center is platted on an individual lot/tract; or 2. The day care center is in a multi-occupant building with direct access to the exterior of the building. Direct access must be provided to the outdoor play space, and the outdoor play space must be immediately adjacent and not separated from the day care center; or 3. The day care center is located in an office structure or similar single-user structure with no direct access to the exterior of the building other than doorways connecting to outdoor play space, as per building code requirements; or 4. The day care center is an accessory use which provides a service to employees, customers or patrons of the principal use. A two-square-foot identification sign may be provided; or 5. The day care center is in an accessory building located on the same lot/tract as the main building and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided. D. All day care centers shall comply with the following standards: 1. All passenger drop-off areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic. Adequate walkways shall be provided. 2. Outdoor play space shall be provided at a rate of sixty-five (65) square feet per child, based upon the maximum design capacity. The required outdoor play space shall have no dimension of less than

107 thirty feet (30'). This requirement may be waived by the lanning & Zoning Commission and/or City Council if the day care is provided for less than four (4) hours per day for each child. 3. No day care center shall be part of a one- or two-family dwelling. 4. A day care center shall abut and derive its primary access from a street with a pavement width of thirty-six feet (36') or greater, and shall have direct access to a median opening on a median-divided roadway (existing or planned). 5. No portion of a day care center site shall be located within three hundred feet (300') of gasoline pumps or underground fuel storage tanks, or any other storage area/facility for explosive materials. 6. All other aspects of a day care center site shall conform to regulations and/or guidelines established by the Texas Department of Human Resources and/or the Texas Department of rotective and Regulatory Services. Sec Home Occupations Definitions and Use Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses. Sec Special rovisions for Home Occupations A. Home occupations shall be permitted as an accessory use in single- and two-family residential zoning districts (i.e., SF-A, SF-B, SF-C, SF-R and MH) provided that they comply with all restrictions herein; B. The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street; C. Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed five hundred (500) square feet); D. The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs; E. Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located; F. The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities; G. One commercial vehicle, capacity of one ton or less, according to the manufacturer s classification, may be used or parked, behind the front building line, on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback; H. The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer s classification; I. There shall be no outside storage, including trailers, or outside display related to the home occupation use; J. No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain; K. The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district; L. The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood; M. The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means; N. The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

108 O. The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area. Sec Applicability of Other Regulations Home occupations shall also be subject to any and all other provisions of local, State and/or Federal regulations and laws that govern such uses. Sec Uses Allowed as Home Occupations Subject to the provisions of Section above, home occupations may include the following uses: A. Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession; B. Author, artist or sculptor; C. Dressmaker, seamstress or tailor; D. Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time; E. Individual tutoring and home schooling; F. Millinery; G. Office facility of a minister, rabbi, priest or other clergyman; H. Home crafts, such as rug weaving, model making, etc.; I. Office facility of a salesman, sales or manufacturer s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises; J. Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine; K. Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations; L. Registered Family Homes (see definition in Section ) in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) children; and M. Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time. Sec Uses rohibited as Home Occupations Home occupations shall not, in any event, be deemed to include the following uses: A. Animal hospitals or clinics, commercial stables, or kennels; B. Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time; C. Restaurants or on-premises food or beverage (including rivate Clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility; D. Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business; E. Office facility for a doctor, dentist, veterinarian or other medical-related profession; F. On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Chapter, and except for occasional garage sales; G. Commercial clothing laundering or cleaning; H. Mortuaries or funeral homes; I. Trailer, vehicle, tool or equipment rentals, sales or leasing; J. Repair shops or services, except as specifically provided in Section above; K. Drapery or furniture upholstery shops; L. Antique, gift or specialty shops; M. Repair shops for any items having internal combustion engines; and

109 N. Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy. Sec Home Occupation Uses Not Classified Any use that is not either expressly allowed nor expressly prohibited by Sections and , respectively, is considered prohibited, unless and until such use is classified by amendment to this Chapter by the Westworth Village City Council, subsequent to an affirmative recommendation by the lanning and Zoning Commission. Sec Effect of Division Upon Existing Home Occupations A. Any home occupation that was legally in existence as of the effective date of this Chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of Article 2, Division 1 of this Chapter provided that the owner/proprietor of such home occupation registers his/her business with the City within ninety (90) days of the effective date of this Chapter, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. roof of the existence of such home occupation use prior to the effective date of this Chapter shall be required upon registration. B. Any home occupation that was legally in existence as of the effective date of this Chapter and that conforms with the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in Subsection (a) above. DIVISION 8 - SIGNS * Sec urpose The regulations established in this Section are intended to provide minimum standards to safeguard life, property, and public welfare, and to regulate and control the use, materials, construction, location, number, maintenance, and the permitting of certain signs and sign structures. In addition, the Ordinance is intended to enhance the beauty of the City by limiting visual clutter. The provisions of this section are not intended to permit a violation of any provision of any other ordinance or federal or state law. Sec Sign Definitions For the purposes of this section, the following definitions shall apply: Awning Sign. An architectural projection that provides weather protection, identity, or decoration, and is supported by the building to which it is attached. It is composed of a lightweight skeleton structure over which a fabric or other material cover is attached. Such sign may be illuminated and shall be considered a wall sign. Banner. A temporary sign made of paper, plastic, or fabric, with or without a frame, containing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric. Banner does not include a flag. Billboard. An off-premise sign which directs attention to a business, person, organization, activity, event, place, commodity, product, or service conducted, sold, or offered at a location other than the premises on which the sign is located. (Not allowed) Builders directional sign. A temporary sign which provides direction or instruction to guide persons to sites where new homes are under construction, usually off-premise. Canopy. A structure made of metal or other material with a frame supported by either one or more columns or the building to which it is accessory, and is open on two or more sides. Construction sign. A temporary sign identifying individuals or companies involved in design, construction, wrecking, financing, or improvements of the premises where work is under construction. Directory sign. A sign which indicates the name and/or address of the tenants or occupants, the address of the premises, and/or identification of any business or occupation which may exist on the premises. Electronic variable message signs. Electronic variable message signs are any sign that utilizes changeable copy messages through internal illumination through light emitting diodes (LEDs) or other light sources. Electronic variable messages signs are intended to be static and are subject to the same size and location restrictions as other signs regulated by this Division. The electronic variable message portion of the sign shall not exceed forty (40%) percent of the total sign face permitted, nor shall it be the only sign face. In addition, an electronic variable message sign is subject to the following restrictions:

110 A. Any change in information on the electronic variable message sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement. B. Any changeable copy on the electronic variable message sign shall not change more than every fifteen (15) seconds. Any changes shall occur with an instant on/off cycle. C. Electronic variable message signs are permitted to contain time and temperature displays. The time and temperature shall remain static for not less than three seconds. External illumination. Illumination of a sign by an artificial source of light which is not contained within the sign itself. Flag. Any fabric containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, nonprofit organization, or corporation. Flashing sign. An illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when the sign is illuminated. For the purpose of this ordinance, any moving illuminated sign affected by intermittent lighting shall be deemed to be a flashing sign. Flashing signs are prohibited within the City of Westworth Village. Freestanding sign. A sign which is not attached to or a part of a building. Gross surface area. The area of the smallest rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentation, or other fixtures, material, or color forming part of the sign. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports become enclosed for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. Gross surface area shall be measured on one side only of a two-faced (back-to-back) sign carrying the same image and message on both faces. Two-faced signs carrying different messages and images on each side shall be considered as separate signs. Illuminated sign. A sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes, or other means that are specifically placed to draw attention to, or provide nighttime viewing of, the subject matter on the sign face. Illumination, external. Lighting by means of an unshielded light source (including neon tubing) which is effectively visible as an external part of the sign. Illumination, internal. Lighting by means of a light which is within a sign having translucent background, silhouetting opaque letters or designs, on which letters or designs are placed, which are themselves made of translucent material. Incidental signs. Small signs of a noncommercial nature, intended primarily for convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephones, and so forth. Inflatable sign. Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. Instructional sign. A sign limited to directional messages, principally for pedestrian and vehicular traffic, such as oneway, entrance, and exit. Logo. Any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product. Marquee. A permanent roof-like structure extending from part of the wall of a building not supported by the ground, and constructed of durable material such as metal, glass, or wood. Menu board. A sign displaying the menu for a drive-up window for a food establishment. Monument sign. A permanent freestanding ground sign generally constructed of brick, stone, or cast concrete foundation across the entire base of the structure. Moving sign. A sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the movement of parts or through the impression of movement, including automatic electronically controlled copy changes, but not including flags, banners, or pennants. (Not allowed) Nameplate sign. An on-premise nonilluminated sign identifying only the name, address, and/or profession of the occupant of the premises on which the sign is located. On-premise sign. A sign which promotes or advertises a business, person, organization, activity, event, place, commodity, product, or service which is conducted, sold, or offered upon the premise where the sign is located. ennant. A temporary wind device usually made of lightweight plastic, fabric, or other material whether or not containing a message of any kind, usually triangular in shape and attached to a single cord.

111 ermanent sign. A sign which is fixed in nature that is erected, affixed, or maintained on a premises for a period of time which is regulated by Table , Schedule for ermanent Signs. ole sign (also called pylon sign). A freestanding sign supported by one or more poles, columns, uprights, or braces placed in or upon the ground and having no guys or braces to the ground or to any other structure. (Not allowed) olitical sign. A temporary sign pertaining to any national, state, county, or local election that supports or opposes an announced candidate, political party, or issue of political significance. ortable sign. Any temporary sign supported by the ground but not attached to the ground, which can be regularly moved from a location at periodic intervals, and which is located upon the premises where the business, profession, activity, commodity, service, or entertainment referred to by the sign is located. (Not allowed) The term portable sign shall include the following: A. Sign that is mounted on a trailer or wheels or is part of a trailer and by its design can be towed from one location to another by the use of attached wheels or by attaching an axle to existing mounts; B. An A-frame type sign; C. A sign affixed by pole or poles to a portable base made of wood, metal, or concrete; D. A sign suspended or attached to a stand with an inverted T base; and E. Any sign whose base is inserted into a sleeve mounted or driven into the ground which can be easily extracted from said sleeve by simply lifting or removing bolts. remises. A lot or tract, or a combination of contiguous lots or unplatted tracts if the lots or tracts or combination are under a single ownership and are reflected in the plat or deed records of Tarrant County. Multi-tenant locations shall be considered as being one premises. ylon sign. See pole sign. (Not allowed) Reader board sign. A sign comprised of nonpermanent letters, numerals, or symbols which may be changed by adding, removing, or rearranging the letters, numerals, or symbols, either manually or electronically. (Not allowed, except for gasoline price signs) Real estate sign. A sign relating to the sale, lease, or rental of the premises upon which such a sign is placed. Roof sign. A sign mounted upon, against, or directly above the roof or parapet line of a building or structure, or that is wholly dependent upon a building for support and that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. (Not allowed) Searchlight. A large outdoor lighting apparatus used to attract attention to a business or a specific location. Secondary sign. A sign located on premise identifying individual uses in a mixed use multi-tenant commercial shopping center. Sign. Any name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light, or insignia, illuminated or nonilluminated, affixed directly or indirectly to or upon any building, window, door, or outdoor structure, which is visible to the general public and calls attention to any business, person, organization, event, commodity, object, product, service, place, or activity, including any permanently installed or situated merchandise or facsimile. Sign area. The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure. Street grade. The average elevation of the projected corners of a property, adjacent to a dedicated street right-ofway or roadway easement, the elevation of the corners being measured at the top of the curb, or the centerline of the street if no curb is present. Temporary event. An event such as a grand opening, or a going out of business sale which lasts for a period of time not to exceed 30 days. Temporary sign. A nonpermanent sign designed or intended to be displayed for a short period of time erected, affixed, or maintained on a premises and regulated by Table , Schedule for Temporary Signs. Vehicular sign. Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises only the company name, address, and/or logo, or temporary signs (with an area less than 3 feet) attached to vehicles which may be removed daily.

112 Wall sign. A sign attached or affixed to an exterior wall of a building or structure or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to the exterior building wall to which it is attached or by which it is supported and not extending more than 12 inches from said wall. A wall sign shall not extend above the wall or parapet to which the sign is attached. For the purpose of this section, awnings, or canopy fascias extending along a building side shall be considered a part of the wall. Warning sign. A sign containing no advertising material, warning the public of the existence of danger. Window sign. A sign attached to, placed upon, or painted on the exterior or interior of a window or door of a building, which is intended for public viewing from the exterior of such building. Yard sign. Any sign of a temporary nature other than a development, real estate, builders or construction sign, which includes the advertisement of a service which has been performed on premise, or construction/repair that has been performed on premises. Sec General Standards A. Height of signs. The height of any sign shall be measured vertically at 90 degrees from the ground at the base of the sign. B. Building and Electrical Codes Applicable. All signs must conform to the regulations and design standards of the Building Code and other ordinances of the City. Wiring of all electrical signs must conform to the electric code of the City. C. Illumination of Signs. Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination upon adjacent public right-of-way and surrounding property. D. Requirement to Repair. Whenever a sign is damaged by wind, is inadequately maintained, is of faulty construction, or is damaged by any other cause, it shall be considered a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the City Administrator or his/her designee, or at the owner s election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign. For purposes of this ordinance, a sign or a substantial part of it is considered to have been destroyed if the cost of repairing the sign is more than 50% of the cost of erecting a new sign of the same type at the same location. E. lacement of Signs. No sign may be erected or placed on public right-of-way. Any signs so erected or placed may be removed by the designated official without notice. No sign may be erected or placed on vacant lots or tracts unless written permission has been given by the property owner and such documentation is provided to the designated official upon the official s request. F. Visibility Triangle. No permanent or temporary sign shall be located to block the visibility triangle as defined in the Section G. Noncommercial Messages. Any sign authorized in this Ordinance is allowed to contain a noncommercial message in place of any other authorized message. H. Off-remise Signs. Off-premise signs shall be prohibited in the City of Westworth Village, with the exception of builders directional signs or instructional signs, when written permission has been given by the property owner and such documentation is provided to the designated official upon the official s request. I. ainted signs: No sign shall be permitted to be painted on the wall of any building or on any part of a building.

113 Sec ermanent Signs Table No permanent sign shall be erected, placed, displayed or located except in accordance with the following table. Table ermitted Signs Table Type of Sign Districts ermitted Maximum Area Maximum Height Number of Signs Requirements rimary Wall (Attached) Nonresidential GC, O, C, LI and D Total signage of up to 10% of rimary wall area, 200 s.f. maximum per sign Top of parapet wall or roof eave height Signage area can be composed of multiple signs Only on 2 walls and no rear walls Secondary Wall (Attached) Nonresidential GC, O, C, LI and D Total signage of up to 5% of Secondary wall area, 200 s.f. maximum per sign Top of parapet wall or roof eave height Signage area can be composed of multiple signs Only on 2 walls and no rear walls Individual Freestanding Monument Nonresidential GC, O, C, LI and D 50 s.f. 8 ft. 1 freestanding sign per street frontage, 2 maximum Only monument signs, no pole signs Multi-tenant Freestanding Monument Nonresidential GC, O, C, LI and D 250 s.f. total, 32 s.f. per business 25 ft. 1 freestanding sign per street frontage, 2 maximum Only monument signs, no pole signs Canopy sign (covering gas pumps, drive-thru lanes or parking areas) Nonresidential O, C, LI and D 32 s.f. Top of canopy fascia On 2 sides of canopy only Canopies not considered separate buildings for signage purposes Multifamily Entry Monument Multifamily: MF and D 50 s.f. 7 ft. 1 per main entrance Lighting allowed Subdivision Entry Monument Residential: SF- A, SF-B, SF-C, SF-R, and D 50 s.f. each 7 ft. 1 pair per main entrance Lighting allowed Sec Temporary Signs Table No temporary sign shall be erected, placed, displayed, or located except in accordance with the following table (refer to Fee Schedule for appropriate fees, unless eligible for exemption): Table Temporary Signs Table Type of Sign Districts ermitted Maximum Area Maximum Height Time Limit Requirements

114 Horizontal Banner Nonresidential GC, O, C, LI and D 50 s.f. Highest point of roof, Attached to building 60 days per year, in 20-day periods Only one allowed, No lighting Vertical Banner (includes feather / bow signs Nonresidential GC, O, C, LI and D 32 s.f. 25 ft. max., 6 ft. min. to bottom of vertical banner 60 days per year, in 20-day periods 50 ft. min. spacing, 100 ft. min. street frontage, 25' min. to side prop. line New Business Coming Soon Nonresidential GC, O, C, LI and D 32 s.f. Highest point of roof, Attached to building During lease space finish out, 60-day max. or 30-day max. with no finish out 1 sign per lease space, on building, No lighting New Business Now Open Nonresidential GC, O, C, LI and D 32 s.f. Highest point of roof 30 days from C.O. Must be affixed to store front ennants Nonresidential GC, O, C, LI and D Not applicable Highest point of roof 21 days Only during Special Events or Grand Openings Balloons over 24" diameter Inflatable objects MF and Nonresidential GC, O, C, LI and D MF and Nonresidential GC, O, C, LI and D Not applicable 50 ft. 21 days Only during Special Events or Grand Openings Not applicable 25 ft. 21 days Only during Special Events or Grand Openings Weekend Builders Advertising All 6 s.f. 3 ft. 12 noon Friday until 12 noon Monday, except holidays 25 max., 5 ft. from curb, 200 ft. or 1 block apart, 40 ft. min. from intersection, No lighting

115 olitical All 32 s.f. 10 ft. 90 days On private property, not on ROW, No lighting, Removed 24 hr. after election or runoff Church charity and civic, On-remises Church, charity/civic, Off-remises All 32 s.f. 15 ft. 10 days prior to event and during event, 30 days max. All 12 s.f. 3 ft. 10 days prior to event and during event, 30 days max. On private property, not on ROW, No lighting, Removed 24 hr. after event On private property, not on ROW, No lighting, Removed 24 hr. after event U.S., Texas or atriotic Flag All 32 s.f. 25 ft. Not applicable 1 per flag type, No spacing requirements Decorative Flag (color only, Logo allowed, no text allowed) MF and D 6 s.f. 25 ft. max., 6 ft. min. to bottom of flag Not applicable Street frontage 0-150' 4 flags ' 5 flags ' 6 flags ' 7 flags over 300' 8 flags Real Estate Land Sale All 100 s.f. 15 ft. Remove prior to development 1 acre min., 2 sign max., 1 sign per frontage, No lighting Residential Construction Residential: SF-A, SF-B, SF-C, SF-R, MF and D 100 s.f. 15 ft. Until project 80% complete 1 sign per major existing street frontage, No lighting

116 Multifamily Units for Rent or Lease Banner MF and D 32 s.f. Highest point of roof on building, or 15 ft. max. for freestanding signs 60 days per year, in 10-day periods 1 per street frontage maximum 2, No lighting For Sale or For Rent on premise SF-A, SF-B, SF-C, SF-R, C 16 sq. ft. 4 ft. N/A No lighting. One sign per lot. No signs in ROW Garage Sale SF-A, SF-B, SF-C, SF-R 6 sq. ft. 4 ft. 1 week per sale. 3 weeks per year. Must be removed no later than 1 day after sale. No signs on public property. Only on private property, no more than 2 per lot.

117 Sec rohibited Signs The following signs are prohibited from installation, construction, repair, alteration, or relocation within the City, except as otherwise permitted in this Ordinance: A. ole or ylon signs B. Roof signs C. ortable signs, A Frame Signs, or Sandwich Board Signs except as used by Agencies and Departments of the City of Westworth Village for public service/safety announcements or information and then only with the approval of the Mayor and/or Administrative Official. D. Moving, flashing, animated, or rotating signs, signs with moving lights, or signs which create the illusion of movement, except for reader boards which convey a message. E. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this does not prohibit signs placed on vehicles and trailers that are incidental to the primary use or ownership of the vehicle or trailer as transportation. F. Signs attached to utility poles or other surfaces which are not the property of the utility or serve a public purpose located within a public right-of-way or easement. G. ermanent off-premise signs, as defined by the Highway Beautification Act. Sec Signs Exempt from Regulation The following signs are exempt from the provisions and regulations of this section: A. ublic signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute, or ordinance. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance. B. Signs on Vehicles. Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as transportation. C. Warning Signs. Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed necessary to warn the public of the existence of danger. D. Flags. Flags of governmental entities or nonprofit organizations. Nothing in this Ordinance shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, or legal notices, or informational, directional, or traffic signs which are legally required and necessary to the essential functions of government agencies. E. Governmental Signs. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc. F. Address Numerals. Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule, or regulation. G. Athletic Signs. Signs used as scoreboards in athletic stadiums. H. Directional Signs. Signs which direct vehicles and pedestrian traffic, which may display arrows, words, or other symbols to indicate direction of facilities. I. Directory Signs. Signs which are located in or adjacent to entrances or foyers. J. Instructional Signs. Signs providing no advertising of any kind, which provide direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to the signs identifying restrooms, public telephones, public walkways, parking areas, and other similar facilities. Sec ermit Requirements Except as herein provided, no permanent sign shall be erected, placed, displayed or located without first obtaining a sign permit from the City.

118 A. Application for ermit. Application for a permit for a permanent sign shall be made in writing upon forms furnished by the City Administrator or his/her designee. Such application shall contain the location by street and address number of the proposed sign, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The City Administrator or his/her designee may require the filing of plans or other pertinent information which, in the City Administrator or his/her designee s opinion, is necessary to ensure compliance with this Ordinance. B. Termination of ermit. A sign permit may be terminated in accordance with the following provisions: 1. A permit shall be active for the life of the sign, as long as it is in compliance with this Ordinance. 2. A permit shall be terminated if the sign for which it has been issued has not been constructed within one year from the date of issuance. 3. A permit issued for any sign including its supporting structure shall automatically terminate in the event the sign shall fail and not be corrected within sixty (60) days. 4. ermit Fees. A sign permit fee shall be paid to the City in accordance with the most current fee schedule adopted by the City. Sec Nonconforming Existing Signs Every sign lawfully in existence on the date of passage of this Chapter may have minor repairs and maintenance done without applying for a permit hereunder, but no such sign or sign facing shall be altered from its original shape, message, layout or design. A damaged nonconforming sign cannot be repaired, maintained or replaced if the repairs, maintenance, or replacement costs exceed fifty-one percent (51%) of the cost of installing a new sign of the same type in the same location and shall be removed. A nonconforming sign cannot be moved from its original location unless a permit is issued pursuant to the provisions of this Section. Temporary permits granted prior to the passage of the Ordinance shall be renewed only if the applicant complies with all provisions of this Section. Sec Removal of Obsolete Signs Any sign which the City Administrator or his/her designee determines no longer serves a bona fide use conforming to this Section, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within ten (10) days after written notification to do so from the City Administrator or his/her designee. Sec Removal or Repair of Dilapidated or Deteriorated Signs If the City Administrator or his/her designee shall determine that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for such sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after such notice. The City Administrator or his/her designee may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. A dilapidated or deteriorated sign shall mean any sign: A. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material missing, or otherwise not in harmony with the rest of the surface; B. Where the structural support or frame members are visibly bent, broken, dented or torn; C. Where the panel is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; D. Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of structural support); E. Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or F. Where the sign or its elements are not in compliance with the building code requirements currently adopted by the City. DIVISION 9 - RESERVED

119 DIVISION 10 - RESERVED DIVISION 11 - LIGHTING AND GLARE STANDARDS Sec urpose Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas. Sec Nonresidential Site Lighting and Glare Standards A. Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet (3'). The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property. B. All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements: 1. Intensity. a) Minimum at any point on the parking area surface to be at least 0.6 footcandles initial, and at least 0.3 footcandles maintained or one-third (1/3) of the average, whichever is greater. b) Illumination shall not exceed an average of one (1) footcandle at ground level and shall distribute not more than 0.25 footcandles of light upon any adjacent residentially zoned area. 2. Height. a) The maximum height of light poles shall conform with the maximum height allowed for the main building in each zoning district. b) Special lighting or lighting higher than the height allowed in the applicable zoning district may be approved by City Council as specifically noted on the site plan. Sec Residential Lighting and Glare Standards A. Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met: 1. Direct lighting over ten feet (10') in height is shielded from adjacent property. 2. No light source shall exceed twenty feet (20') in height. Streetlights and other traffic safety lighting are exempt from this standard. 3. Lighting shall not directly shine on adjacent dwellings. Sec Luminaries Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries installed and maintained so as to reduce glare effect (i.e., minimum seventy degree (70 ) cutoff when measured from horizontal) and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts or one thousand one hundred and eighty (1,180) lumens and strings of lamps are prohibited, except for temporary lighting as provided in Section below. Sec Special or Temporary Lighting - Low Wattage Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used.

120 ARTICLE 5 - INTERRETATION; RESERVING RIGHTS; ENALTY FOR VIOLATIONS; VALIDITY; EFFECTIVE DATE Sec Effect of Interpretation In interpreting and applying the provisions of this Chapter, the City Administrator or his/her designee shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this Chapter shall govern. This Chapter is also not intended to abrogate or annul any lawfully obtained permit issued prior to the effective date of this Chapter. Sec reserving Rights in ending Litigation and Violations under Existing Ordinances By the passage of this Chapter, no presently illegal or nonconforming use shall be deemed to have been legalized unless such use specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing Zoning Ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal and adoption of this Chapter; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. Sec enalty for Violations A. Any person or corporation violating any of the provisions of this Chapter shall, upon conviction, be fined any sum not exceeding two thousand dollars ($2,000.00) and each and every day that the provisions of this Chapter are violated shall constitute a separate and distinct offense. B. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Sec Severability If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Chapter or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Chapter; and the City Council hereby declares it would have passed such remaining portions of this Chapter despite such invalidity which remaining portions shall remain in full force and effect. Section 2: CONFLICT OF ORDINANCES This Ordinance shall be cumulative of all ordinances of the City of Westworth Village, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances in which the conflicting provisions of such ordinances are hereby repealed. Section 3: REEAL All ordinances or parts of ordinances, orders, resolutions, rules, regulations, policies or provisions of the City of Westworth Village in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of such conflict. Section 4: SAVINGS CLAUSE All rights and remedies of the City of Westworth Village are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in

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