Balch Springs Zoning Ordinance

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1 Balch Springs Zoning Ordinance Prepared for: City of Balch Springs, Texas Adopted: April 2017 Prepared by: FREESE AND NICHOLS, INC N. Haskell Avenue, Suite 3300 Dallas, TX BCS16317

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3 Table of Contents Table of Contents Enacting Clause... 3 Purpose... 3 Zoning District Map Regulation... 3 Zoning District Boundaries... 5 Compliance Required / Interpretation / Rules of Construction... 6 Zoning Districts Established... 9 Equivalency Table for Zoning Districts SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Dimensional Standards Table Uses Permitted by District Classification of New and Unlisted Uses Use Chart Conditional Development Standards Regulations of Specific Uses Nonconformities Accessory Buildings and Uses Landscape Requirements Screening Standards Parking Standards Lighting Standards Supplementary Regulations Design Standards Page 1

4 Table of Contents Planning Director Building Official Planning and Zoning Commission City Council Board of Adjustment General Application Processing Pre-Application Meeting Complete Applications Alternative Compliance Public Hearings and Notification Requirements for Zoning Related Applications Zoning upon Annexation Zoning Text and Map Amendments Platting Property Not Zoned Creation of Building Site Certificates of Occupancy and Compliance Site Plan Requirements PD Application and Review Specific Use Permit (SUP) Amortization of Nonconforming Uses Zoning Regulation Appeal Zoning Variance Zoning Special Exception Zoning Vested Rights Petition Standard Zoning Definitions Page 2

5 Section 1. General Provisions Enacting Clause General Provisions This ordinance is hereby enacted and adopted as the zoning ordinance for the city of Balch Springs, Texas. Purpose Implementation of the Comprehensive Plan The zoning regulations and districts established in this Zoning Ordinance have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. The zoning regulations and districts have been designed to achieve the following purposes: Lessen congestion in the streets; Secure safety from fire, panic and other dangers; Promote health and the general welfare; Provide adequate light and air; Prevent the overcrowding of land; Avoid undue concentration of population; and Facilitate the adequate provision of transportation, water, wastewater, schools, parks, and other public requirements. Zoning Ordinance Considerations The zoning regulations and districts have been made with reasonable consideration for, among other things, the character of the districts, a district s peculiar suitability for the particular uses specified, conserving the value of buildings and encourage the most appropriate use of land through the City consistent with the Comprehensive Plan. Zoning District Map Regulation Official Zoning District Map The official Zoning District Map shall be labeled the Official Zoning District Map of the City of Balch Springs, Texas and shall be maintained as a physical hard-copy file and an electronic file. The Official Adoption Date and the Last Amended Date shall be shown on the official Zoning District Map. Management, Physical Locations, and Maintenance of the Official Zoning District Map Three identical copies of the Zoning District Map shall be adopted and shall bear the signature of the Mayor and the attestation of the City Secretary. The three official copies of the Zoning District Map shall be filed and maintained as follows: a. One copy shall be filed with the City Secretary and retained as an original record and shall not be changed in any manner. b. One copy shall be filed with the Building Official and shall be maintained with all changes and subsequent amendments for observation in issuing building permits and enforcing the Zoning Ordinance. Page 3

6 Section 1. General Provisions c. One copy shall be filed in the office of the Planning Director and shall be maintained by posting thereon all changes and amendments. In the case of a conflict between these maps, this map in the office of the Planning Director and its amendments shall govern. The Planning Director shall maintain an electronic file of the official Zoning District Map, as it was originally adopted. Incorporating Updates to the Official Zoning District Map The Planning Director shall be responsible for updates to the official Zoning District Map. The Planning Director s copy of the official Zoning District Map shall be used for reference and shall be maintained by incorporating all subsequent amendments enacted by official action of the City Council. The Planning Director shall use all reasonable means to protect the official Zoning District Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs. Changes or Amendments Reflected on the Map Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning District Map files (i.e., physical and electronic) promptly after the amendment has been approved by the City Council. The Planning Director shall maintain a descriptive log of amendments to the map. The Planning Director shall use all reasonable means to ensure that no changes are made to the official Zoning District Map without authorization by official action of the City Council. Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map In the event that the official Zoning District Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt a new official Zoning District Map by ordinance following a public hearing. The new official Zoning District Map shall replace and supersede any prior official Zoning District Map. As a true replacement map, the new official Zoning District Map shall not amend or otherwise change district boundaries or classifications from the prior official Zoning District Map. Informational Zoning Maps with Updates Informational zoning maps that are intended to represent the official Zoning District Map, with updated changes in zoning districts and boundaries as they are made, may be made from time to time and placed on physical display and on the City s website. The Planning Director shall be responsible for all informational zoning maps and the frequency of updates. Page 4

7 Section 1. General Provisions Zoning District Boundaries Boundary Delineations 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: Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. Boundaries indicated as approximately following City limits shall be construed as following City limits. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. Boundaries indicated as following the centerline of creeks, streams or drainage ways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline. Boundaries indicated as parallel to or extensions of features indicated within 1.04.A. 1 through 1.04.A. 5 above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map. Whenever any street, alley or other public way is vacated by official action of the City Council, 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. 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. Page 5

8 Section 1. General Provisions Compliance Required / Interpretation / Rules of Construction Compliance Required This Zoning Ordinance applies to all land, buildings, structures or appurtenances located within the City that are hereafter: Occupied, Used, Erected, Altered, Removed, Placed, Demolished, or Converted. Interpretation Restrictiveness Where the regulations in this Zoning Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards shall govern. Abrogation of Private Agreement These Zoning Ordinance regulations do not abrogate any easement, covenant or other private agreement. Cumulative Effect These Zoning Ordinance regulations are cumulative and may impose additional limitations upon all other laws and ordinances previously passed or that may be passed in the future on any subject matter set forth in these regulations. Error Correction In the event that any property or zoning district set forth on the Zoning District Map as provided in Section 1.03 Zoning District Map of the Zoning Ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended or supplemented. a. Applicants The property owner of said tract, the City Council, or the Planning and Zoning Commission may submit an application to the Planning Director to initiate the error correction process. b. Process The error correction shall be processed as a zoning map amendment according to Zoning Text and Map Amendments. Page 6

9 Section 1. General Provisions Rules of Construction The language set forth in these regulations shall be interpreted in accordance with the following rules of construction. Number The singular number includes the plural, and the plural the singular. Tense The present tense includes the past and future tenses, and the future the present. Mandatory and Permissive Language The words shall and must are mandatory while the word may is permissive. Gender Terms The masculine gender includes the feminine. Parentheses Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word. Conflicts If there is an expressed conflict: a. The text of the Zoning Ordinance controls over the charts or any other graphic display in the Zoning Ordinance; and b. The use regulations control over the district regulations in the Zoning Ordinance. Page 7

10 Section 1. General Provisions (This Page is Intentionally Left Blank for Double-Sided Printing) Page 8

11 Section 2. Zoning Districts Zoning Districts Established Purpose Zoning Districts The purpose of this section is to create zoning districts, to specify the nature and components of the permitted development and uses within them, and to establish regulations regarding the physical character and intensity of development in order to protect the public health, safety and welfare. Zoning Districts Established All land within the corporate limits shall be classified into one of the following zoning districts. Table 1: Zoning Districts Residential Zoning Districts 2.03 SF-6, Single-Family Dwelling District 2.04 SF-8, Single-Family Dwelling District 2.05 SF-10, Single-Family Dwelling District 2.06 SF-40, Single-Family Dwelling District F, Two-Family Dwelling (Duplex) District 2.08 TH, Townhouse (Attached) Dwelling District 2.09 MF-16, Multiple-Family Dwelling District 2.10 MF-24, Multiple-Family Dwelling District Nonresidential Zoning Districts 2.11 O, Office District 2.12 LR, Local Retail District 2.13 C, Commercial District 2.14 I, Industrial District Special Zoning Districts 2.15 M, Mixed Use District 2.16 H, Highway Development 2.17 PD, Planned Development District Special Provision For existing single-family dwellings that are substandard or dilapidated such that habitation thereof is unsafe or unsecure, but which may be demolished or removed and thereafter reconstructed through the use of public funds available for that purpose, the minimum living area of each one-family dwelling may be 1,000 square feet. Page 9

12 Section 2. Zoning Districts Equivalency Table for Zoning Districts The following table identifies zoning districts adopted in previous ordinances and the zoning district regulations that now apply in this Zoning Ordinance to those districts. Table 2: Zoning Districts Equivalency Table Previous Zoning Designation Current Zoning District Residential Zoning Districts Residential SF-6, Single-Family Dwelling District - SF-8, Single-Family Dwelling District - SF-10, Single-Family Dwelling District - SF-40, Single-Family Dwelling District D, Duplex Dwelling District 2F, Two-Family Dwelling (Duplex) District - TH, Townhouse (Attached) Dwelling District MF Multiple-Family Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District Nonresidential Zoning Districts GI, Government Institutional O, Office District LR, Local Retail District LR, Local Retail District C, Commercial District C, Commercial District CIM, Commercial/Industrial/Manufacturing I, Industrial District Special Zoning Districts - M, Mixed Use District - H, Highway Development PD, Planned Development District PD, Planned Development District Page 10

13 Section 2. Zoning Districts SF-6, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at 7-8 dwelling units per acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4 Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 11

14 Section 2. Zoning Districts SF-8, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at 5-6 dwelling units per acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4 Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 12

15 Section 2. Zoning Districts SF-10, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at approximately 4 dwelling units per acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 13

16 Section 2. Zoning Districts SF-40, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at approximately one dwelling unit per acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 14

17 Section 2. Zoning Districts 2F, Two-Family Dwelling (Duplex) District Purpose Statement This district is intended to provide for development of quality duplex residential development. This district is envisioned to include small areas or entire neighborhoods consisting entirely of duplexes. Additionally, this district serves to provide for a transition between lower density residential areas and more intense residential areas or nonresidential areas. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 15

18 Section 2. Zoning Districts TH, Townhouse (Attached) Dwelling District Purpose Statement This district is intended to provide for development of townhouses built to accommodate three (3) to twelve (12) dwelling units per building. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Lot Provisions for Dwelling Units a. Each dwelling unit shall be located on a single lot that fronts a dedicated street or other approved public access easement and is served individually by water, wastewater, electric, and gas utility services. b. There shall be no more than one dwelling unit on any lot. Building Separation a. Townhouse buildings (three (3) to twelve (12) dwelling units) shall not exceed 310 feet in length. b. The minimum separation between townhouse buildings shall be twenty (20) feet. Mechanical Equipment, Refuse Containers, and Waste Storage a. Mechanical equipment, refuse containers, and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. Garages a. All dwelling units shall have a two-car enclosed garage. b. Access to the garage shall be by means of a driveway connecting with an adjacent public street, alley, public access easement, private street, or private access easement. Page 16

19 Section 2. Zoning Districts MF-16, Multiple-Family Dwelling District Purpose Statement This district is intended to provide for development of attached residential units, such as multi-family developments, at a maximum residential density of 16 dwelling units per acre. (The dwelling units per acre (DU/A) calculation is exclusive of all streets, alleys and sidewalks, but inclusive of open space, recreational, and service areas.) This district is for moderate densities. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4. The maximum residential density shall be 16 dwelling units per acre. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Front Yard Regulations a. No structure shall be located in the front yard. b. No off-street parking shall be allowed in any front yard. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear. Garages A minimum of twenty-five (25) percent of the total number of dwelling units in the multi-family development shall have a one-car enclosed garage, two hundred forty (240) square feet minimum, attached or detached, per dwelling unit. Mechanical Equipment, Refuse Containers, and Waste Storage Mechanical equipment, refuse containers and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. Storage Area Every dwelling unit shall have an enclosed storage area of not less than thirty (30) square feet of Floor Area, eight feet (8 ) high, exclusive of interior closet space. Page 17

20 Section 2. Zoning Districts Private Recreation Areas a. Recreation Area Required i. All multi-family developments shall have at least one (1) recreation area, in a location free of traffic hazards, easily accessible to all residents within the development, and centrally located where topography permits. b. Recreation Space Requirement i. Not less than eight percent (8%) of the gross development area shall be devoted to recreational facilities, generally in a central location. In large developments (two acres or larger) these may be decentralized. ii. Recreation areas include space for community buildings and community uses, such as adult recreation and child play areas, and swimming pools, but do not include vehicle parking, commercial, maintenance, and utilities areas. c. Playground Space i. When playground space is provided, it shall be so designated and shall be protected from traffic, streets, and parking areas. ii. Such space shall be maintained in a sanitary condition and free of dangerous conditions and hazards. Site Plan Required for Rezoning to the MF-16, Multiple-Family Dwelling District A Site Plan, as outlined in Site Development Requirements, shall be required for all Zoning Text and Map Amendments. Applications seeking the MF-16, Multiple-Family Dwelling District designation. The Site Plan shall be included as part of the ordinance approving the Zoning Text and Map Amendments. Page 18

21 Section 2. Zoning Districts MF-24, Multiple-Family Dwelling District Purpose Statement This district is intended to provide for development of attached residential units, such as multi-family developments, at a maximum residential density of 24 dwelling units per acre. (The dwelling units per acre (DU/A) calculation is exclusive of all streets, alleys and sidewalks, but inclusive of open space, recreational, and service areas.) This district is for urban densities. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.A. Dimensional Standards for Residential Districts and all applicable regulations in Section 4. The maximum residential density shall be 24 dwelling units per acre. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Front Yard Regulations a. No structure shall be located in the front yard. b. No off-street parking shall be allowed in any front yard. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear. Garages A minimum of twenty-five (25) percent of the total number of dwelling units in the multi-family development shall have a one-car enclosed garage, two hundred forty (240) square feet minimum, attached or detached, per dwelling unit. Mechanical Equipment, Refuse Containers, and Waste Storage Mechanical equipment, refuse containers and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. Storage Area Every dwelling unit shall have an enclosed storage area of not less than thirty (30) square feet of Floor Area, eight feet (8 ) high, exclusive of interior closet space. Page 19

22 Section 2. Zoning Districts Private Recreation Areas a. Recreation Area Required i. All multi-family developments shall have at least one (1) recreation area, in a location free of traffic hazards, easily accessible to all residents within the development, and centrally located where topography permits. b. Recreation Space Requirement i. Not less than eight percent (8%) of the gross development area shall be devoted to recreational facilities, generally in a central location. In large developments (two acres or larger) these may be decentralized. ii. Recreation areas include space for community buildings and community uses, such as adult recreation and child play areas, and swimming pools, but do not include vehicle parking, commercial, maintenance and utilities areas. c. Playground Space i. When playground space is provided, it shall be so designated and shall be protected from traffic, streets, and parking areas. ii. Such space shall be maintained in a sanitary condition and free of dangerous conditions and hazards. Site Plan Required for Rezoning to the MF-24, Multiple-Family Dwelling District A Site Plan, as outlined in Site Development Requirements, shall be required for all Zoning Text and Map Amendments. Applications seeking the MF-24, Multiple-Family Dwelling District designation. The Site Plan shall be included as part of the ordinance approving the Zoning Text and Map Amendments. Page 20

23 Section 2. Zoning Districts O, Office District Purpose Statement This district is intended to provide for low intensity office and professional uses. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 21

24 Section 2. Zoning Districts LR, Local Retail District Purpose Statement This district is intended to provide for locations for various types of local retail trade and businesses primarily serving the surrounding neighborhoods. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 22

25 Section 2. Zoning Districts C, Commercial District Purpose Statement This district is intended to provide for locations for low intensity commercial, storage, and warehousing uses. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 23

26 Section 2. Zoning Districts I, Industrial District Purpose Statement The I, Industrial District is intended for large-scale basic or primary industrial uses that involve extensive processing, manufacturing or assembly of large products or equipment. Because of the nature of the products or character of activities, uses in the district may produce visual, auditory, or olfactory effects beyond the boundaries of the property on which the use is located. Therefore, these uses are surrounded with similar industrial uses. It is the intent to reserve large tracts exclusively for industrial activities defined herein. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 24

27 Section 2. Zoning Districts M, Mixed Use District Purpose Statement Mixed Use refers to a development style that creates areas which combine a mix of zoning categories within one defined zoning district. For example, residential, restaurants, retail, office and public uses may be allowed in the same building, same lot, same tract, and/or the same block, developed both vertically and horizontally. Benefits of mixed use developments include: Flexibility of building spaces over time; Revitalizations of commercial districts; Development of multi-family housing at appropriate locations; Efficiency in provisions of public facilities and services; Convenience for residents and workers; Reduction in frequency and distance for vehicle trips; and Environmental protection. This district is intended to permit establishment of integrated residential and nonresidential activities where appropriate and desirable, under conditions that assure an acceptable level of harmony among land uses. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. The maximum residential density (i.e., dwelling units per acre) shall be unlimited within the M, Mixed Use District. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 25

28 Section 2. Zoning Districts H, Highway Development Purpose Statement This district is designed to encourage quality development along the Interstate Highway 635 and Interstate Highway 20 corridors, which is recognized for its important economic development potential. It is intended as a mixed-use district comprised of retail and commercial uses, with a preference for regional retail shopping centers. Banks, hotels and other Interstate-related commercial services are appropriate within the district. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Page 26

29 Section 2. Zoning Districts PD, Planned Development District Purpose Statement The purpose of this district is to encourage higher quality development in the City by allowing flexibility in the planning and development of projects. A PD, Planned Development District may be used to permit new or innovative concepts in land utilization or diversification that could not be achieved under conventional zoning approaches. Any combination of residential, commercial, light industrial, public or recreational uses as approved by the City Council may be permitted. General Description and Purpose The PD designation shall be used for the following purpose(s): a. To Master plan a site; b. To carry out specific goals of the Comprehensive Plan, City or public/private partnered projects; c. To develop mixed use development, transit-oriented development, or traditional neighborhoods with a variety of uses and housing types; and d. To preserve natural features, open space, and other topographical features of the land. The PD designation shall not be used for the following purpose(s): a. To obtain zoning variances from existing development standards; b. To secure agreement between an Applicant and nearby property owners to receive zoning approval; and c. To assign responsibility to the City of private deed restrictions or covenants. Base Zoning District A PD shall contain at least one base zoning district to regulate all uses and development regulations not modified by the PD ordinance. For all existing PD Districts that do not specify a residential or nonresidential use, the Planning Director shall classify PD as residential or nonresidential based on the Future Land Use Map in the Comprehensive Plan. For all nonresidential PD Districts that do not have a base zoning district, the base zoning district shall be LR, Local Retail District; For all residential PD Districts that do not have a base zoning district, the base zoning district shall be SF-8, Single-Family Dwelling District. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. See PD Application and Review. Dimensional Regulations See Section 2.18.B. Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. See PD Application and Review. Development Standards See PD Application and Review Minimum Land Area Requirement A minimum of three (3) acres is required for all PD, Planned Development Districts Page 27

30 Section 2. Zoning Districts (This Page is Intentionally Left Blank for Double-Sided Printing) Page 28

31 Section 2. Zoning Districts Dimensional Standards Table Dimensional Standards for Residential Districts* Regulation SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District Lot Dimensions Minimum Lot Area (1) 6,000 SF 8,000 SF 10,000 SF 40,000 SF 7,000 SF per duplex or 3,500 SF per Dwelling Unit 2,500 SF 2 Acres (87,120 SF) 2 Acres (87,120 SF) Minimum Lot Width: Interior Lot Corner Lot ' per duplex or 35' per Dwelling Unit 75' per duplex or 37.5' per Dwelling Unit Minimum Lot Depth Yard Setback Dimensions Minimum Front Yard Setback (2) Minimum Front Yard Setback If lot is served by a paved alley and no front entry is provided or allowed (i.e., no driveway may be in the front yard and access must be from the alley.) Minimum Side Yard Setback: Interior Lot between attached units/ 7.5 minimum on end units 0 between attached units/ 10 minimum on end units Corner Lot Exterior (Street) Yard Minimum Rear Yard Setback: Where an alley adjoins the rear lot line (3) Floor Area Where no alley adjoins the rear lot line 5 = 1 story structure with no alley access 5 = any structure (garage, carport) with alley access 10 = 2 story structure 20 = 2.5 story structure 10 =-1 story structure 20 = 2 story structure 5 = 1 story structure with no alley access 5 = any structure (garage, carport) with alley access 10 = 2 story structure 20 = 2.5 story structure 10 =-1 story structure 20 = 2 story structure 5 = 1 story structure with no alley access 5 = any structure (garage, carport) with alley access 10 = 2 story structure 20 = 2.5 story structure 10 =-1 story structure 20 = 2 story structure 5 = 1 story structure with no alley access 5 = any structure (garage, carport) with alley access 10 = 2 story structure 20 = 2.5 story structure 10 =-1 story structure 20 = 2 story structure 5 = 1 story structure with no alley access 5 = any structure (garage, carport) with alley access 10 = 2 story structure 20 = 2.5 story structure 10 =-1 story structure 20 = 2 story structure 5 = 1 story structure with no alley access 5 = any structure (garage, carport) with alley access 10 = 2 story structure 20 = 3 story structure 10 =-1 story structure 20 = 2 story structure Minimum Floor Area 1350 SF 1550 SF 1750 SF 1750 SF None None Structure Height 5 = 1 story structure 20 = portions of structure that (a) exceeds one-story and (b) is adjacent to any SF or 2F zoning district 50 = any structures over 1 story with windows or doors facing SF or 2F zoning district 0 = 1 story structure 40 = portions of structure that (a) exceeds one-story and (b) is adjacent to any SF or 2F zoning district 50 = any structures over 1 story with windows or doors facing SF or 2F zoning district 650 SF per 1 Bedroom unit. 950 SF per 2 Bedroom unit. 150 SF per each add l room. 5 = 1 story structure. 20 = portions of structure that (a) exceeds one-story and (b) is adjacent to any SF or 2F zoning district 50 = any structures over 1 story with windows or doors facing SF or 2F zoning district. 0 = 1 story structure. 40 = portions of structure that (a) exceeds one-story and (b) is adjacent to any SF or 2F zoning district 50 = any structures over 1 story with windows or doors facing SF or 2F zoning district 650 SF per 1 Bedroom unit. 950 SF per 2 Bedroom unit. 150 SF per each add l room. Maximum Height (feet/stories) 40 / 2.5 Stories 40 / 2.5 Stories 40 / 2.5 Stories 40 / 2.5 Stories 40 / 2.5 Stories 42 / 3 Stories 42 / 3 Stories 42 / 3 Stories Building Area Coverage Maximum Lot Area allowed to be Covered by Buildings (percentage includes all buildings) 50% 50% 60% 65% 65% 80% 60% 60% Density/Dwelling Units per Acre (Max) N/A N/A N/A N/A N/A N/A *For existing single-family dwellings that are substandard or dilapidated such that habitation thereof is unsafe or unsecure, but which may be demolished or removed and thereafter reconstructed through the use of public funds available for that purpose, the minimum living area of each one-family dwelling may be 1,000 square feet. Page 29

32 Section 2. Zoning Districts Dimensional Standards for Nonresidential District Regulation O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Lot Dimensions Minimum Lot Area (1) 6,000 SF 8,000 SF 8,000 SF 30,000 None 30,000 SF Minimum Size of a PD = 3 acres Minimum Lot Width None Minimum Lot Depth None 120 None Yard Setback Dimensions (2) Minimum Front Yard Setback (2) = Nonresidential 5 = Residential None Minimum Side Yard Setback (2) Interior Lot 5 = When not adjacent to residential district 15 = When adjacent to residential district 5 = When not adjacent to residential district 15 = When adjacent to residential district 5 = When not adjacent to residential district 25 = When adjacent to residential district 10 = When not adjacent to residential district 35 = When adjacent to residential district 5 = When not adjacent to residential district 5 = When adjacent to residential district 5 = When not adjacent to residential district 5 = When adjacent to residential district None None Minimum Rear Yard Setback (2) Corner Lot None Structure Height Maximum Height (feet/stories) 35 / 2.5 Stories 35 / 2.5 Stories 35 / 2.5 Stories 70 / 5 Stories 70 / 5 Stories 70 / 5 Stories N/A Building Area Coverage Maximum Building Area Coverage (all buildings) 60% 60% None 50% 65% None N/A The minimum lot width and minimum lot depth do not constitute minimum lot area, except for the single-family and duplex districts. Page 30

33 Section 3. Zoning Land Use Regulations Uses Permitted by District Zoning Land Use Regulations Land and buildings in each of the zoning districts may be used for any of the specified uses in Section 3.03 Use Chart. No land shall be used and no building or structure shall be erected, altered, or converted for any use other than those specified as a permitted use in the district in which the property is located. Legend for Use Chart P Use is permitted in district indicated Use is prohibited in district indicated S P-# S-# Use is permitted in district upon approval of a Specific Use Permit (SUP) Use is permitted in the district indicated if the use complies with conditional development standards or limitations in the corresponding numeric end note in Conditional Development Standards. Use is permitted in the district indicated by Specific Use Permit (SUP) if the use complies with conditional development standards or limitations in the corresponding numeric end note in Conditional Development Standards. Classification of New and Unlisted Uses Existence of New and Unlisted Uses Any use not listed in the Use Chart is prohibited. Planning Director Interpretation of a New and Unlisted Use Use Chart If the Planning Director is unable to classify the use under one of the existing listed uses, then the Planning Director shall initiate a Zoning Text Amendment pursuant to procedures set forth in Zoning Text and Map Amendments. Any applicant seeking a land use not otherwise authorized by this chapter or as listed in this section may make application to amend this section to include the unlisted use and may at the same time make application for Specific Use Permit (SUP) for such use, on a specific property. In such a case both amendments may be heard at the same time by the Planning and Zoning Commission; may be heard at the same time by the City Council; and the adoptive ordinances may be acted upon by the City Council on the same date. The use of land or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses permitted in the zoning district in which the property is located, as shown in the Use Chart. Page 31

34 Section 3. Zoning Land Use Regulations (This Page is Intentionally Left Blank for Double-Sided Printing) Page 32

35 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Residential Uses Assisted Living/Nursing Home P P P 22 Dwelling, Single-Family (Detached) P P P P 22 Dwelling, Single-Family (Attached Duplex) P P 22 Dwelling, Single-Family (Attached Townhouse) P P S 22 Dwelling, Multi-Family P P P S 22 Guest House/Servants Quarters P-10 P-10 P-10 P Industrialized Housing S-15 S-15 S-15 S-15 S-15 S Mobile Home Parks, Trailer Parks, Trailer Courts, Trailer Subdivisions S-17 S-17 S Retirement Housing P P P P P S 22 Studio Residence P S 22 Nonresidential Uses Adult Day-Care Services P P S 22 Agricultural Use P-1 22 Airport or Airport Facility S 22 Alternative Financial Establishment S-2 S-2 S-2 22 Ambulance Service P P 22 Amusement Center S S S 22 Amusement, Commercial (Indoors) S S S S 22 Amusement, Commercial (Outdoors) S-3 S-3 S-3 22 Antique Shop P P P P 22 Page 33

36 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Art Gallery or Museum P P P P 22 Automobile Body Shop S S S S 22 Automobile or Other Motorized Vehicle Sales and Service S-4 S-4 S-4 22 Automobile Parts Store (New Only) P P P P P 22 Automobile Service Garage (Major) S S S 22 Automobile Service Garage (Minor) S S S S 22 Bakery (Retail Sales Only) P P P P P 22 Bank or Financial Institution P P P P P 22 Banquet Hall S-5 S-5 S-5 S-5 22 Bar S-6 S-6 22 Bed and Breakfast Inn S S S S 22 Beverage (Package) Store S-7 S-7 S-7 S-7 S-7 22 Book Store P P P P 22 Bowling Alley S P S S 22 Car Wash, Full Service S S S 22 Car Wash, Self Service S S S 22 Carpentry Shop P P 22 Catering Service S S S S 22 Cement Storage S S S S S 22 Ceramic and Pottery Manufacturer S P S 22 Child Care Home ( 6 Children) P P P P P P P P 22 Child-Care Home ( 7 Children) S S S S S S S S 22 Page 34

37 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Child-Care Facility (Children s Home) S S S S S S S S S S S S S S 22 Child Care Facility (Daycare) S S S S S S S S S 22 Commercial Motor Vehicle Parking S-8 S-8 22 Commercial Parking Lot or Garage S-8 S-8 22 Contractor s Shop or Storage Yard P P 22 Convenience Store S S S 22 Convenience Store with Drive-Through S S S 22 Country Club S S S S S S S S S S S S 22 Dance, Music, or Drama Studio P P P P P 22 Donation or Recycling Collection Point P P P P P P 22 Educational Services Office P P P P P 22 Electrical Power Substations S S S S S S S S S S S S S S 22 Electronic Cigarette Establishment S S S 22 Flea Market S S 22 Florist P P P P 22 Exterminating Company P P 22 Farmer s Market S P S S 22 Feed Store P P P P P 22 Funeral Home or Mortuary S S S S S S 22 Equipment Repair Shop S P P S S 22 Furniture Repair and Upholstering Shop P P 22 Gasoline or Diesel Passenger Vehicle Filling or Service Station S-9 P-9 P-9 S-9 P-9 22 Page 35

38 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Gasoline or Diesel Truck Filling or Service Station S S S 22 Gasoline or Diesel Truck Filling or Service Station with Overnight Parking S 22 Golf Course S S S S S S S S 22 Grocery Store P P P P 22 Group Homes ( 4 Persons) P P P P P P P P 22 Group Homes (>5 Persons) S S S S S S S S 22 Gym or Health/Fitness Center S P P P P P 22 Halfway House S S S S 22 Heliport or Helistop S-11 S-11 S-11 S-11 S Home-Based Business P-12 P-12 P-12 P-12 P-12 P-12 P-12 P-12 P 22 Hospital, Acute Care S S S S S S 22 Hospital, Chronic Care S S S S S S 22 Hotel S-13 S-13 S-13 P Hotel, Resident Extended Stay S-14 S-14 S-14 S Institution for the Care of Alcoholic, Psychiatric or Narcotic Patients P P S S 22 Jewelry Manufacturing or Assembly P P 22 Kennel S S S S S 22 Laundry, Commercial P P S 22 Laundry, Dry Cleaning Drop-Off/Pick-Up P P P P 22 Laundry, Self-Service P P P 22 Leather Product and Saddle Manufacturing P P S P 22 Library P P P P P 22 Page 36

39 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. (Light) Assembly and Manufacturing Processes S S 22 Liquor (Adult/Alcoholic Beverage) Store S-16 S Manufacturing or Industrial Operations S P 22 Meat Market S P P S 22 Medical Clinic P P P P P 22 Motel S-13 S Motor Freight Company S Movie Theatre S S S S 22 Movie Theatre, Drive In S S S 22 Nursery, Retail Sales Only P P P P 22 Newspaper Printing P P 22 Office, Professional, Medical, or Business P P P P P 22 Outside Display P-19 P-19 S Outside Storage P-20 P-20 P-20 P-20 P Pallet Businesses and Yards S Park, Playground, or Community Center, Public P P P P P P P P P P P P P P 22 Pawn Shop S P P S S 22 Personal Service Shop P P P P 22 Pet Store P P S P 22 Photographer s or Artist s Studio/Film Processing P P P 22 Plastic Products Manufacturing S P 22 Play Field or Stadium, Public P P P P P P P P P P P P P P 22 Page 37

40 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Plumbing/Electrical/Air Conditioning Store (Retail Sales Only) P P P P 22 Police or Fire Station P P P P P P P P P P P P P P 22 Printing/Duplication Shop or Mailing Center S P P P S 22 Private Club S S S 22 Public Use or Building P P P P P P P P P P P P P P 22 Radio or TV Station P P P P P 22 Railway right-of-way and Tracks and Passenger Stations S S S S S S S S S S S S S S 22 Recycling Center S-23 S Recycling Facility S-23 S Religious Use P P P P P P P P P P P P P P 22 Research or Scientific Laboratory S P P S S 22 Restaurant or Cafeteria, with Drive-Up Window or Curb Service P P P P P 22 Restaurant or Cafeteria, without Drive-Up Window or Curb Service S P P P P P 22 Retail Stores and Shops P P P P 22 RV Parks S S S S S S S S S S S S S S 22 School, Career P-24 P-24 P-24 P-24 P-24 P School, College or University (Private) S-24 S-24 S-24 S-24 S-24 S School, College or University (Public) P-24 P-24 P-24 P-24 P-24 P School, K-12 (Private) P P P P P P P P P P P P P P 22 School, K-12 (Public) P P P P P P P P P P P P P P 22 Seamstress or Tailor Shop P P P P 22 Sexually Oriented Business S 22 Page 38

41 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Shoe Repair Shop P P P P P 22 Self-Storage (Mini Warehouse Facilities) S S S S 22 Self-Storage, Security and Mini-Warehouse S S S S 22 Sundry Store P-25 P-25 P-25 P-25 P Tattoo Studio S S 22 Taxi Garage or Dispatch P P 22 Telephone Exchange (No Offices or Storage Facilities) P P P P P P P P P P P P P P 22 Temporary Building for New Construction S S S S S S S S S S S S S S 22 Temporary Storage Unit/Container P-26 P-26 P-26 P-26 P-26 P-26 P-26 P-26 P Textile Manufacturing, with dust and odor control S P 22 Thrift Store S S S 22 Tobacco Store S-27 S-27 S Truck Dealership S S S S 22 Truck Stop S Truck Terminal S S 22 Used Car Lot S S 22 Vehicle Storage Facility S 22 Veterinarian Clinic S S 22 Water Storage S S S S S S S S S S S S S S 22 Water Treatment Facility S S S S S S S S S S S S S S 22 Warehouse P P 22 Weight Loss Center P P P P P 22 Page 39

42 SF-6, Single-Family Dwelling District SF-8, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District TH, Townhouse (Attached) Dwelling District MF-16, Multiple-Family Dwelling District MF-24, Multiple-Family Dwelling District O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development PD, Planned Development District Section 3. Zoning Land Use Regulations Legend for Use Chart P Permitted in district indicated Prohibited in district indicated S Permitted in district upon approval of a Specific Use Permit (SUP) P-# Permitted if compliant with the corresponding numeric end note in Conditional Development Standards. S-# Permitted by Specific Use Permit (SUP) if compliant with the corresponding numeric end note in Conditional Development Standards. Wholesale Center P P S S 22 Wind Energy System S-28 S-28 S-28 S-28 S-28 S-28 S-28 S-28 S-28 S-28 S-28 S-28 S-28 S Wireless Communication System S S S S S S S S S S S S S S 22 Woodworking and Planing Mill P P 22 Page 40

43 Section 3. Zoning Land Use Regulations Conditional Development Standards The following conditional development standards shall apply: Agricultural Use Standards for Select Zoning Districts a. Shall be subject to the following conditions: i. Commercial farm, ranch, stable, garden, orchard or plant nursery, on a tract of five acres or more (unless permitted on a smaller tract by approval of a Specific Use Permit (SUP)) are permitted provided no retail sales are conducted from the premises. Alternative Financial Establishment Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall only be permissible where the place of business containing the alternative financial establishment is not within 1,000 feet of any lot containing another financial establishment as measured from property line to property line. ii. Shall not be located within 300 feet, measured from property line to property line from a lot in a residential district. iii. Shall only operate within a freestanding building and may not operate in the same structure as any other use. iv. Required off-street parking: One space per 350 square feet of floor area. v. Shall also include vehicle storage area excluding required off-street parking for vehicles stored or held for collateral from Alternative Financial Establishment transaction. vi. A Car (Auto) Title Loan Business with a freestanding building and current State of Texas Motor Vehicle Dealer License shall not display to the general public more than four vehicles that are for sale on its property. Amusement, Commercial (Outdoors) Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. ii. No intermittent or flashing lights shall be permitted. iii. Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement. iv. No exterior auditory devices shall be permitted. Automobile or Other Motorized Vehicle Sales and Service Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. ii. No intermittent or flashing lights shall be permitted. Page 41

44 Section 3. Zoning Land Use Regulations iii. Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement. iv. All building façades shall be constructed with the same masonry materials that meet the masonry regulations for the zoning district in which the property is located. v. No exterior auditory devices shall be permitted. Banquet Hall Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall apply adequate buffering techniques to protect the adjacent properties. ii. Shall submit documentation regarding the provision of security guards or law enforcement officers during all events. iii. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys shall be subject to inspection on a regular basis for purposes of security enforcement and removing litter. iv. Shall have frontage on and access to a thoroughfare with an existing or planned right-ofway of at least 100 feet. Bar Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall only be permissible where the place of business containing the beverage store is not within 300 feet of a church, colleges and universities, learning center or library, public or private school or day care or hospital. The measurement of the distance between the place of business of liquor stores shall be from the nearest property line of a church, colleges and universities, learning center or library, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections and as in compliance with the Texas Alcohol Beverage Commission (TABC) distance requirements. The measurement of the distance between the place of business where alcoholic beverages are sold and day care centers, child care facilities, and public schools shall be a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections. Beverage (Package) Store Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall only be permissible where the place of business containing the beverage store is not within 300 feet of a church, colleges and universities, learning center or library, public or private school or day care or hospital. The measurement of the distance between the place of business of liquor stores shall be from the nearest property line of a church, colleges and universities, learning center or library, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections and as in compliance with the Texas Alcohol Beverage Commission (TABC) distance requirements. The measurement of the distance between the place of business where alcoholic beverages are sold and day care centers, child care facilities, and public schools shall be a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections. Page 42

45 Section 3. Zoning Land Use Regulations Commercial Motor Vehicle Parking and Commercial Parking Lot or Garage Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Shall be subject to the following conditions: i. Shall not be located within 500 feet of any residential use or district, measured in straight line, without regard to intervening structures or objects, from the nearest boundary of the lot where the use is conducted to the nearest boundary of the zoning district issue. ii. Required off-street parking, none. However, off-street stacking spaces or passenger unloading zones may need t be provided along major collector streets. iii. All loading shall occur within the confines of the property and/or parking lot and shall not occur on public streets. Gasoline or Diesel Passenger Vehicle Filling or Service Station Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Shall be subject to the following conditions: i. Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single-family residential uses shall maintain a minimum setback of at least one hundred twenty-five feet (125 ). ii. The hours of any car wash operation may be limited when located adjacent to property zoned for single-family residential uses. iii. No exterior illumination (either direct or indirect) shall cross a residential property line nor be a nuisance to traffic. iv. No outside/outdoor vending machines, such as soda, video rental, or newspaper vending machines, are permitted. Guest House/Servants Quarters Standards See 3.07 Accessory Buildings and Uses for standards. Heliport or Helistop Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless: (a) Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state; (b) The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and (c) No substantial adverse impact exists on residence or businesses within the 1,000 feet requirement. Home-Based Business Standards a. Shall be subject to the following conditions: i. No persons other than members of the family residing on the premises shall be engaged in such business; Page 43

46 Section 3. Zoning Land Use Regulations ii. The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 500 square feet or ten percent (10%) of the square footage of the dwelling area or Accessory Building, whichever is greater, shall be used in the conduct of the home-based business; iii. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home-based business; iv. No sign advertising a home-based business shall be placed on property where a homebased business is conducted; v. Any sales in connection with such home-based business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises; vi. No traffic shall be generated by a home-based business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home-based business shall be met off the street and other than in a required front yard; vii. No equipment, process or work shall be used or conducted in such home-based business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; viii. The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home-based business or as an accessory use; and ix. No Outside Storage or Outside Display of any type shall be permitted with any homebased business. Hotel and Motel Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall provide staff on-site 24 hours a day ii. Shall provide at least three amenities from the list below: (a) Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet (b) Spa/sauna (c) Weight room/fitness center (d) Playground (e) Sports court (f) Plaza/atrium (g) Game Room iii. Full-service restaurant (minimum seating capacity of 35). iv. A minimum of 100 guest room units. v. A meeting/conference room (1,000 square feet minimum). Page 44

47 Section 3. Zoning Land Use Regulations Hotel, Resident Extended Stay Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall provide staff on-site 24 hours a day ii. Shall provide at least five amenities from the list below: (a) Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet (b) Spa/sauna (c) Weight room/fitness center (d) Playground (e) Sports court (f) Plaza/atrium (g) Game Room (h) Jogging Trail (i) Conference room (1,000 square feet minimum) (j) Full-service restaurant (minimum seating capacity of 35). iii. Shall have a setback of a minimum of 100 feet from the boundary of any residential district. iv. A minimum of 50 percent of the room units shall contain kitchen facilities. v. A minimum of 75 guest room units. Industrialized Housing Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Industrialized Housing shall be permitted within all single-family Residential Zoning Districts, see Table 1: Zoning Districts for a list of districts. c. Shall be subject to the following conditions: i. Industrialized Housing shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction. ii. Industrialized Housing shall conform to all applicable zoning standards for the respective zoning district. iii. Industrialized Housing shall be placed on an approved platted lot. iv. Single-family and duplex Industrialized Housing shall: (a) Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the Industrialized Housing is proposed to be located, as determined by the most recent county certified tax appraisal roll; (b) Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the Industrialized Housing is proposed to be located; Page 45

48 Section 3. Zoning Land Use Regulations (c) Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and (d) Be securely affixed to an approved permanent foundation. v. For purposes of subsection 3.04.A. 15.c.iv above value means the combined taxable value of the industrialized housing and the lot after installation of the housing. Liquor (Adult/Alcoholic Beverage) Store Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Shall only be permissible where the place of business containing the liquor store is not within 300 feet of a church, colleges and universities, learning center or library, public or private school or daycare, or hospital. The measurement of the distance between the place of business of liquor stores shall be from the nearest property line of a church, colleges and universities, learning center or library, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections and as in compliance with the Texas Alcohol Beverage Commission (TABC) distance requirements. The measurement of the distance between the place of business where alcoholic beverages are sold and day care centers, child care facilities, and public schools shall be a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections. ii. To the extent allowed by applicable law, as it exists and as it may be amended, any use or business which operates as a liquor store shall be no closer than 1,000 feet to a liquor or beverage store. The measurement of the distance between the place of business of liquor stores and beverage stores shall be from the nearest property line to property line. iii. Existing beverage stores and/or buildings requesting conversion to a liquor store shall be installed with a two-hour fire barrier separation wall. iv. Remodels or existing buildings seeking conversion for operation as a liquor store constructed prior to the adoption of the ordinance from which this section derives shall have a minimum floor area or building square footage of 2,500. Mobile Home Parks, Trailer Parks, Trailer Courts, Trailer Subdivisions Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Mobile Home Parks, Trailer Parks, Trailer Courts, Trailer Subdivisions shall be on a minimum of 20 acres site. Motor Freight Company and Truck Stop Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Shall be subject to the following conditions: i. Shall not be located within 500 feet of any residential use or district, measured in straight line, without regard to intervening structures or objects, from the nearest boundary of the lot where the use is conducted to the nearest boundary of the zoning district issue. Outside Display Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: Page 46

49 Section 3. Zoning Land Use Regulations i. Outside Display areas shall not be placed or located more than thirty feet (30') from the main building and shall not exceed fifty (50) percent of the linear frontage of the building. ii. Outside Display areas shall be permitted year round. iii. Outside Display areas shall not occupy any of the parking spaces that are required by this Zoning Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of 45 days per display and a maximum of two (2) displays per calendar year. iv. Outside Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way. v. Outside Display areas shall not extend into public Right-of-Way or onto adjacent property. vi. Outside Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner. vii. Outside Display is permitted only as an Accessory Use and is not a permitted Principal Use. Outside Storage Standards a. Shall be subject to the following conditions: i. Outside Storage shall not be located in the front yard. ii. Outside Storage screening shall be required only for those areas surrounding Outside Storage. iii. A six foot (6') screening fence or wall shall be provided and maintained either surrounding the Outside Storage or at the property line or street adjacent to the area to be screened by one or a combination of the following methods: (a) Solid masonry consisting of rock, stone, or other material that is visually and qualitatively equivalent; (b) Wrought iron in conjunction with solid landscape screening; (c) Wood or wood vinyl in conjunction with solid landscape screening; and, (d) An equivalent alternative screening method approved by the Building Official. iv. Outside Storage of materials, commodities, or equipment shall be screened with a minimum six feet (6') screening fence or wall, and shall not be visible from the street or from adjacent property. v. No Outside Storage may exceed the height of the screening wall or fence. Pallet Businesses and Yards Standards a. Shall be subject to the following conditions: i. Height Regulations (a) No pile/stack of pallets shall be piled/stacked to a height that is higher than twenty (20) feet. (b) All piles/stacks of pallet, that are located immediately adjacent to a required front, side or rear yard shall not be piled/stacked to a height that is higher than eight (8) feet. (c) All piles/stacks of pallets, that are located immediately adjacent to a required building/permanent structure setback line shall not be piled/stacked to a height that is higher than eight (8) feet. Page 47

50 Section 3. Zoning Land Use Regulations ii. (d) All piles/stacks of pallets, that are located immediately adjacent to a required offstreet parking area(s) and loading/unloading facility(ies) shall not be piled/stacked to a height that is higher than ten (10) feet. Area Regulations (a) Front Yard There shall be a minimum front yard setback of fifteen (15 ) feet. (b) Side Yard There shall be a minimum side yard setback of fifteen (15 ) feet. (c) Rear Yard iii. Setback There shall be a minimum rear yard setback of fifteen (15 ) feet. (a) A minimum setback of fifteen (15) feet in width shall be maintained between the piles/stacks of pallets and all building(s) and/or permanent structure(s) on the lot/tract hosting the Pallet Businesses and Yards. (b) A minimum setback of fifteen (15) feet in width shall be maintained between all offstreet parking area(s) and loading/unloading facility (ies) on the lot/tract hosting the Pallet Businesses and Yards and the pile/stacks of pallets. iv. Intensity of Use (a) Ground Coverage The total combined land area that is covered by piles/stacks of pallets shall not exceed a total of seventy five (75) percent of the total area of such lot or tract of land. (b) Aisles There shall be an aisle between each row of piled/stacked pallets. Each aisle shall be a minimum of four (4) feet in width. (c) Rows of Piled/Stacked Pallets The maximum width of all rows piles/stacks of pallets shall be sixteen (16) feet. The maximum length of any row of piles/stacks of pallets shall not be greater than forty (40) feet. (d) Storage All piles/stacks of pallets shall be stored in the open air. No piles/stacks of pallets shall be placed in a building or in any type of covered/roofed enclosure for the pose of storage for any length of time. v. Parking and Loading Facilities (a) All off-street parking areas/spaces shall be located within the confines of the premises of the Pallet Businesses and Yards. (b) Dedicated off-street employee parking space shall be provided at a ratio of one (1) space for each employee. This requirement shall be based on the maximum number of employees that are present on-site during peak periods of operation. Employee parking area(s)/spaces only, may be designed/laid-out in such a way as to facilitate the parking of automobiles/vehicles in a front- to-rear format. Said individual frontto-rear parking spaces shall be restricted to a maximum capacity of no more than three (3) automobiles/light duty vehicles in length. Page 48

51 Section 3. Zoning Land Use Regulations (c) Three (3) additional parking spaces for visitors and two (2) additional parking spaces for handicapped individuals shall be required. All handicapped space must be identified with the traditional markings that are customarily associated with same. (d) All parking spaces shall be permanently marked and be readily visible for the easy identification of their location. (e) At no time shall any piles/stacks of pallets be placed on/stored in any portion of the off-street parking area(s). (f) Off-street loading and unloading facilities shall be provided on the premises of the Pallet Businesses and Yards. Said facilities shall be: in the open air; a minimum of twelve hundred (1200) square feet in total area; and be obviously marked, in terms of location with signage and markings, on the pavement or other approved allweather surface. (g) All loading and unloading activities small be conducted only in the designated offstreet loading and unloading facilities. (h) No vehicles, awaiting loading and/or unloading, shall be permitted to queue or park within 500 feet of the premises of the Pallet Business and Yard on the paved surface or the shoulder area or the unpaved portions of the right-of-way of the City s roads or streets. vi. Repair/Reconstruction/Rehabilitation of Pallets (a) Pallets may be repaired/reconstructed/rehabilitated within the confines of a building, permanent structure and/or any type of covered/roofed enclosure. (b) Said pallets that are to be/being repaired/reconstructed/rehabilitated shall only be within the confines of a building, permanent structure and/or any type of covered/roofed enclosure during those periods of time when said repair/reconstruction/iehabilitation activities are actually taking place. (c) All debris/scrap pallets from said repair/reconstruction/rehabilitation activities shall be stored, at all times, in nonflammable containers that are located in the open air. All debris/scrap pallets shall be disposed of in a proper manner, without the use of on-site burning of any kind. (d) The building, permanent structure and/or any type of covered/ roofed enclosure where the said repair/reconstruction/rehabilitation of all pallets takes place, shall be maintained at all times in a broom swept clean condition. vii. Yard Surface The composition of the minimum allowable surface of a pallet storage yard area shall be one which is comprised of crushed rock, which is maintained in a dust-free condition, having a minimum depth of four (4) inches. The entire perimeter of the dust-free, crushed rock area shall be bordered with a concrete curb that rises to a height that is a minimum of four (4) inches above the surface of the dust-free, crushed rock area. The surface of the dust-free, crushed rock area shall be contoured/graded in such a way that no storm water will be able to runoff from the surface of the crushed rock area onto any adjoining properties. viii. Enclosure The entire perimeter of the property hosting a pallet business and/or pallet yard shall be enclosed with a solid screening as outlined in Section 4.02 Screening Standards. ix. Pallet Businesses and Yards must adhere to current Internaltional Fire Code (IFC). Page 49

52 Section 3. Zoning Land Use Regulations PD, Planned Development District Standards Permitted uses shall be determined through Section 2.17 PD, Planned Development District and Section 7.09 PD Application and Review. Recycling Center and Recycling Facility Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Shall be subject to the following conditions: i. Shall only be permissible where the place of business containing the recycling facility is not within 5,000 feet of any residential lot or district measured from property line to property line of said recycling facility. ii. Required off-street parking: One space per 300 square feet of floor area. iii. Shall include separate parking area for loading and unloading of materials. iv. Required application materials shall include submittal of a completed SUP application packet, an environmental impact study, and an infrastructure impact study completed, stamped, and sealed by a professional engineer (P.E.) and approved by appropriate city staff. v. Site shall include buffering consisting a solid fencing eight (8) feet in height. School, Career, School, College or University (Private), and School, College or University (Public) Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. The school tract shall be a minimum of two (2) acres in area. ii. The school building or buildings shall conform to the current building code requirements for an educational use. iii. The school shall have enrolled at all times a minimum of 100 students. iv. The school shall be accredited by the state to provide academic instruction for any of grades, kindergarten through 12. Sundry Store Standards a. Shall be subject to the following conditions: i. The property line of a Sundry Store shall not be located within one thousand (1,000) feet of another Sundry Store s property line. Temporary Storage Unit/Container Standards a. Shall be subject to the following conditions: i. Units shall not be placed in the right-of-way. ii. Shall obtain approval from the Planning Director. iii. Shall not be located within five (5) feet of the property line. iv. Shall not be placed in the front yard, except for the driveway. v. Property shall not have Temporary Storage Unit/Container for more than thirty (30) business days in a calendar year. Page 50

53 Section 3. Zoning Land Use Regulations Tobacco Store Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Shall be subject to the following conditions: i. Shall not be within 1,000 feet of a church, public or private school or day care, or hospital. The measurement of the distance between the places of business of tobacco stores shall be from the nearest property line of a church, public or private school or day care, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections. Wind Energy System Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Shall be subject to the following conditions: i. Wind energy systems shall not be erected, constructed, relocated or maintained in the territorial limits of the city unless a valid special use permit has first been approved then a building permit and the wind energy system is in full compliance with the ordinances of the city, and all applicable laws and regulations. Wind energy systems shall not be permitted, erected, constructed or installed on any lot or tract of property if the setbacks and spacing requirements of this article are not met. ii. Primary structure required on lot. A wind energy system may be erected only after a primary structure has been constructed on the lot. A wind energy system may not be constructed on a vacant lot. If an occupied primary structure is removed from a lot or property, a wind energy system must be removed from said property. iii. Prohibited locations. No portion of a wind energy system or the required setback shall encroach upon or be erected, constructed or located within any public right-of-way; public or private easement or within any front, side or rear property setback area. No part of a wind energy system may extend beyond the property lines or required building lines of the lot on which the wind energy system is located unless the adjacent property is contiguous and maintains the same owner. iv. Required setbacks; platting. A tower for a wind energy system shall be set back from the property lines and any overhead or above ground public or private utility line, cable or primary structure, at a distance equal to 110 percent of the system height. No tract of property shall be subdivided, platted or replatted such that a pre-existing wind energy system will fail to meet the foregoing requirements. v. A wind energy system shall be erected and installed according to the instructions of the system manufacturer and under the seal of a professional engineer registered in the State of Texas. All components of the system must be in compliance with the ordinances of the city, and all applicable state and local building codes. All wind energy systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate wind energy systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliances, then the owners of the wind energy system shall bring such wind energy system into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. vi. The system must have a certificate of compliance from Underwriters Laboratories, Inc., with the most current standard or UL 1741 standard for safety for inverters, converters, controllers, and interconnection system equipment for use with distributed energy resources. All applicable components of the wind energy system shall meet and comply with the city's building codes and electrical code. Page 51

54 Section 3. Zoning Land Use Regulations vii. The system height shall not exceed 70 feet. Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the wind energy system. The system height shall provide a minimum of ten feet of clearance between the rotor diameter and fencing or other system elements at the base of the tower. viii. Control of access. All wind energy systems shall operate within an area enclosed by approved fencing that is no less than six feet in height. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The abovementioned equipment shall be secured by a lockable mechanism. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground. ix. Electrical wires. All electrical wires associated with a wind energy system, other than the wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground. x. Sound pressure levels. Sound pressure levels shall not exceed a noise level of 55 decibels as measured from the property line closest to the wind energy system. xi. Interference. The owner of a wind energy system shall mitigate any interference with electromagnetic communications, such as, but not limited to, radio, telephone, television or broadband signals caused by the operation of a wind energy system. xii. Appearance, color and finish. The wind generator and tower shall remain painted or finished matching the color or finish that was originally applied by the manufacturer, unless approved in the wind energy system permit. The color of finish shall be nonreflective and non-obtrusive. xiii. Maintenance. The paint, finish, landscaping and structural integrity of a wind energy system and each of its components shall be maintained at all times. All such systems shall be kept in good working order. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then the city shall order an immediate cessation of the wind energy system until all violations and/or safety concerns have been resolved. xiv. Lighting. All lights not required by the FAA are prohibited. When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency. A tower structure may be artificially lighted only with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute. Flashing red obstruction lights (FAA type L- 864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA types L-865 or L-866), high intensity flashing white lights (FAA types L-856 or 857) or dual flashing red obstruction lights and medium intensity flashing white obstruction lights (FAA types L-864/L865) may be used only when the FAA specifies that the specific lighting pattern is the only lighting pattern acceptable to promote aviation safety and refuses an applicant's request for authorization to use the lighting required by this article. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited. xv. Signage prohibited. No advertising or signage of any type, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, shall be allowed or permitted on a wind energy system. xvi. Limit of one. No more than one wind energy system shall be erected, constructed, operated or permitted on any single lot or tract. xvii. Utility grid wind energy systems larger than 20 kw are prohibited within the city. Page 52

55 Section 3. Zoning Land Use Regulations Regulations of Specific Uses Location and Arrangement of Residential Buildings on Lots for Single-Family or Duplex Uses a. Only one (1) main building for single-family or duplex use may be located upon a lot. b. Every dwelling shall face or front upon a public street or approved access easement, other than an alley. Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses a. Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one (1) main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts. i. All main buildings shall face upon a public street or approved access easement other than an alley. b. No parking area, storage area, or required open space for one building shall be computed as being the open space yard or area requirements for any other building or other use. c. On lots zoned and used for multi-family use, the minimum separation distance between any two buildings shall be thirty feet (30 ). Uses with Flammable, Toxic, and Hazardous Materials a. The storage, manufacture, utilization, or dispensing of substances that may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code. b. The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, fifty (50) percent of the limit of such as is given in Threshold Limit Values as adopted at the most recent International Fire Code and International Building Code. c. No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way. d. The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the City Manager as a part of the Building Permit application and shall be based upon the requirements of the International Fire Code and International Building Code. Page 53

56 Section 3. Zoning Land Use Regulations Nonconformities Intent of Provisions Existence of Nonconformities a. A nonconformity describes a use, structure, or lot that does not conform to the current standards of the Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception, and have been rendered nonconforming due to a change in the applicable standards and regulations. b. The City Council has determined that it is in the best interest of the City for Nonconformities to be brought into conformance with the Zoning Ordinance within six (6) months of the approved date of the new ordinance. Any Nonconforming Uses that are not brought into compliance within six (6) months, the City Council may initiate the Amortization of Nonconforming Uses process as outlined in Section c. The purpose of this Section Nonconformities is to establish provisions for the allowance and potential alteration of uses, structures and lots that do not conform to currently applicable zoning standards or regulations. d. Nonconformities occur in three (3) general categories, or combination thereof. i. Nonconforming Uses ii. A nonconforming use can occur when an existing use is no longer allowed in a zoning district. Nonconforming Structures A nonconforming structure can have a lesser setback, yard, or height lot area or dimension requirement than required by the Zoning Ordinance. iii. Nonconforming Lots A nonconforming lot can be nonconforming as to lot area or dimension requirement. e. It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area. Incompatible Uses Nonconformities are hereby declared incompatible with the permitted uses in the districts involved. Establishment of Legal or Illegal Nonconformities Legal Nonconformities a. Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the effective date of this Zoning Ordinance, at which time they were in conformance with applicable standards shall be considered Legal Nonconformities. b. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this Section Nonconformities. Illegal Nonconformities a. Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with current zoning standards and were not in conformance with Page 54

57 Section 3. Zoning Land Use Regulations applicable standards at the time of their inception shall be considered Illegal Nonconformities. b. Such uses, structures, or lots and shall be subject to penalties. Single-Family Residential Uses Previously conforming single-family residential uses on platted lots approved prior to the Zoning Ordinance effective date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Zoning Ordinance. Existing Platted Lots Are Conforming Lots Any existing vacant lot platted prior to the Zoning Ordinance effective date that was legally conforming shall be deemed a conforming lot. Changing Uses Nonconforming Use to Conforming Use Any nonconforming use may be changed to a conforming use, and once a change is made, the use shall not be changed back to a nonconforming use. Nonconforming Use to Another Nonconforming Use A nonconforming use shall not be changed to another nonconforming use. Conforming Use in a Nonconforming Structure Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use by the process outlined in 3.06.F. Expansion of Nonconforming Uses and Structures. Expansion of Nonconforming Uses and Structures An expansion of a Nonconforming Use or Nonconforming Structure is allowed in accordance with the following. Prohibited Expansion or Reoccupation A Nonconforming Use or Nonconforming Structure shall not be expanded, reoccupied with another Nonconforming Use, or increased as of the effective date of this Zoning Ordinance, except as provided in 3.06.F. Expansion of Nonconforming Uses and Structures. Nonconforming Use Expansion in Existing Building A Nonconforming Use may be enlarged, increased, or extended within an existing building provided: a. No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition. b. Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding fifty percent (50%) of the current replacement value of the building. c. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use. Nonconforming Use Prohibited from Expansion beyond Existing Building A Nonconforming Use located within any building shall not be extended to occupy any land outside the building. Page 55

58 Section 3. Zoning Land Use Regulations Residential Lot Exemption The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than required by the Zoning Ordinance that was an official Lot of Record prior to the effective date may be used for a single-family dwelling. Expansion of Nonconforming Structures with Conforming Uses Buildings or structures that do not conform to the area regulations or development standards in the Zoning Ordinance but where the uses are deemed conforming may only increase or expand the nonconforming structure in compliance with the current Zoning Ordinance Standards. In no case, shall a nonconforming structure increase the amount of nonconformity. Reuse of Nonconforming Structure by Conforming Uses Allowed a. Nonconforming Structures that have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use. b. If re-occupied by a conforming use, then the new conforming use shall meet the applicable parking (Section 4.03 Parking Standards), and fire lane requirements for health, safety, and welfare reasons. Restoration of Nonconforming Structures Total or Partial Destruction a. If a Nonconforming Structure is destroyed by fire, the elements, or natural catastrophic event, it may be rebuilt as a Nonconforming Structure to its pre-destroyed dimensions and setbacks. i. The construction must comply with all current building codes, and zoning regulations in effect at the time the structure received its building permit. ii. The construction must commence within 12 months of the date of destruction. iii. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner s right to restore or reconstruct the Nonconforming Structure, except in conformance with the Zoning Ordinance. iv. If the regulations cannot be determined or if the regulations are disputed for the time the structure received its building permit, then the Board of Adjustment shall hold a hearing and shall take evidence, such as previously adopted ordinances, photographs, and tax records, to determine the standards that apply. v. Any change to a dimension or a setback of the Nonconforming Structure shall be approved by a Zoning Variance. b. If the owner of a Nonconforming Structure has a Nonconforming Use and fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, then the Nonconforming Structure and Nonconforming Use shall be deemed to be discontinued or abandoned. Movement of Nonconforming Structure A Nonconforming Structure may be relocated within the same platted lot, and shall comply with all setback and screening requirements. Completion of Structures Nothing in the Zoning Ordinance shall require any change in the plans, construction, or designated use of the following: Approved Building Permit A building or structure for which a Building Permit has been issued or a Site Plan approved prior Page 56

59 Section 3. Zoning Land Use Regulations to the effective date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this Zoning Ordinance. Building in the Approval Process A building or structure for which a complete Application for a Building Permit was accepted by the Planning Director on or before the effective date, provided however, that such Building Permit shall comply with all applicable ordinances in effect on the date such application was filed. Abandonment of Nonconforming Uses Once a Nonconforming Use has been abandoned, the Nonconforming Use shall not be allowed to be reintroduced within the applicable zoning district. This prohibition of the reoccupation or reintroduction of an abandoned Nonconforming Use shall be enforced by the denial of building permit or certificate of occupancy applications. A Nonconforming Use shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Planning Director indicates that a structure designed or arranged for a Nonconforming Use has ceased to be used in a bona fide manner as a Nonconforming Use for a period of six (6) consecutive calendar months. For purposes of calculating the six (6) month period, a use is abandoned upon the occurrence of the first of any of the following events: a. On the date when the use of land is physically vacated; b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; c. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or d. On the date a final reading of water or power meters is made by the applicable utility provider(s). A Nonconforming Use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Zoning Ordinance. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned. Abandonment of a Nonconforming Use requires intent. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned. Unless the nonconforming use status is reinstated pursuant to 3.06.K. Loss of and Reinstatement of Nonconforming Use Status, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use. Loss of and Reinstatement of Nonconforming Use Status Loss of Nonconforming Use Status If the Planning Director determines that a Nonconforming Use has met the definition of abandonment and has lost its nonconforming use status, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use. Application for Nonconforming Use Status Reinstatement a. The owner or operator of the abandoned Nonconforming Use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated. b. Written application for reinstatement of nonconforming rights must be made within thirty (30) days after the denial of building permit or certificate of occupancy application for the Nonconforming Use. Page 57

60 Section 3. Zoning Land Use Regulations Board of Adjustment Hearing a. The Board of Adjustment shall hold a hearing on the requested reinstatement of a Nonconforming Use status within 30 calendar days of the request or the next scheduled Board of Adjustment, whichever is greater. b. The applicant and the Planning Director shall submit any evidence or findings to the Board of Adjustment for consideration in the case. c. The Board of Adjustment shall use the above abandonment criteria in deliberating the case. Board of Adjustment Decision The Board of Adjustment may reinstate the Nonconforming Use status and thus allow the building permit or certificate of occupancy application to be processed only if the Board of Adjustment finds that the use was not discontinued for six (6) months or more. The failure of the owner or operator to remove on premise signs shall not be considered (on its own) evidence of a continuing use. Nonconforming Use Created by Acquisition of Right-of-Way Lawful Conforming Structure Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of Rightof-Way by eminent domain proceedings, dedication, or purchase by the City, the county, the state, or a federal agency creates a Nonconforming Structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the Right-of-Way. In the event the structure is partially or totally destroyed by natural causes; the structure may be rebuilt. Cases in which the Owner Receives Compensation for Screening or Landscaping In the event the owner of an interest in real property receives compensation for screening or landscaping in the form of curative measures or damages to the remainder in a Right-of-Way acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback. Cases in which the Owner Receives Compensation for Demolition A Certificate of Occupancy and Compliance shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, curative measures are those actions, corrections, repairs or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property. Page 58

61 Section 3. Zoning Land Use Regulations Accessory Buildings and Uses Residential Accessory Buildings and Uses The following regulations apply to Accessory Buildings servicing lots zoned for residential uses. Table 3: Residential Accessory Building Requirements Standard Lots up to 10,000 S.F. Lots 10,000 S.F. up to 21,999 S.F. Lots 22,000 S.F. and greater Maximum Square Footage of All Accessory Buildings (Combined Area) 400 S.F. 1,000 S.F. 20% of the rear yard Maximum Height of Accessory Buildings Buildings 121 S.F. 399 S.F. = 12 ; Buildings 400 S.F. or greater = 16 Buildings 121 S.F. 399 S.F. = 12 ; Buildings 400 S.F. or greater = 16 Buildings 121 S.F. 399 S.F. = 12 ; Buildings 400 S.F. or greater = 16 Maximum Number of Accessory Buildings Maximum Allowed Building Area Coverage Main and accessory buildings shall not exceed the allowable coverage percentage of the zoning district in which they are located. Minimum Front Setback 25 * 25 * 25 * Minimum Side Setback Minimum Rear Setback Minimum Setbacks for Corner Lots 10 * 15 * 15 * Prohibited Locations Accessory Buildings in Easements are prohibited Barns and other Types Livestock Housing Accessory Buildings containing livestock (e.g., chickens, hogs, horses, etc.) shall be located at least seventy-five (75) feet from any existing dwelling. * No Accessory Building shall be placed so as to protrude in front of the main building. Accessory Buildings and uses incidental to other permitted uses are permitted within residential zoning districts and include private garages, carports, tool house, lath or greenhouse as hobby (no business), home workshop, children's playhouse, private stables (no rental), barns, or coops (no rental); private swimming pool and garden shelter. The following regulations apply to Guest House/Servants Quarters operating as Accessory Buildings or as a use attached to the main building. a. A Guest House/Servants Quarters shall not be less than six hundred (600) square feet when built over a garage, nor less than seven hundred fifty (750) square feet when free-standing, Page 59

62 Section 3. Zoning Land Use Regulations and shall not contain more than one thousand (1,000) square feet of living area or 30 percent of the main structure, whichever is less. i. Nothing herein shall authorize the occupancy or the use of a Guest House/Servants Quarters by anyone other than a bona fide guest or servant employed by the occupant of the main structure on such lot, estate or land. ii. A Guest House/Servants Quarters may be constructed as a part of the main building. b. Any Accessory Building for human habitation shall not be occupied until the main dwelling has been completed. c. Only one (1) Guest House/Servants Quarters shall be allowed on any individual tract of land. d. Guest House/Servants Quarters shall not be leased or rented. Accessory Building and Use Limitations in Association within Dwelling, Single-Family (Attached Townhouse) Development Only the following Accessory Buildings and uses are permitted for Dwelling, Single-Family (Attached Townhouse) developments: a. One stall attached garage (Garage, Private (Attached)); or b. One stall detached private garage (Garage, Private (Detached)). Architectural Elements for Residential Accessory Buildings a. All Accessory Buildings 120 square feet and larger shall meet the building material requirements of Section 4.06.A. 1.b Masonry Regulations for Accessory Buildings. b. The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building unless the accessory building is prefabricated or pre-finished. Nonresidential Accessory Buildings The exterior façade of all Accessory Buildings shall be constructed to meet the requirements of Section 4.06.A. 2.b Masonry Regulations for Accessory Buildings. In the nonresidential districts, an Accessory Building shall not exceed the height of the main building and shall not exceed fifty percent (50%) of the floor area of the main building, and shall be used for purposes accessory and incidental to the main use. Nonresidential Accessory Uses Allowed on the First Floor of Multiple-Family Developments The nonresidential accessory use shall be allowed only if the accessory use is within the same building as an active multiple-family use and is located on the first floor of the building. Single-Family or Duplex Residential Flags and Flagpoles Scope The regulations set out in this section apply to flags and detached flagpoles for single-family and duplex homes in all residential zoning districts. Setbacks The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the top of the pole. Size a. The height of a flag pole shall not exceed twenty-five feet (25') measured from the natural grade. Page 60

63 Section 3. Zoning Land Use Regulations b. The size of the flag shall in no event exceed twenty-four (24) square feet in area. Number a. No more than one (1) flagpole shall be allowed per building site or lot. b. No more than three (3) flags may be mounted vertically and displayed on the flagpole located on a building site or lot. Furcated poles with multiple mounting structures shall not be allowed. c. Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings and flags that are displayed flush to the face of the building are not limited in number. Additional Standards See Section of the City Code of Ordinances for additional Accessory Building Regulations. Page 61

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65 Section 4. Site Development Requirements Site Development Requirements Landscape Requirements Purpose Landscape Requirements provide guidelines concerning landscape, trees, vegetation and other materials to ensure aesthetic appeal and minimize adverse impacts of light, noise, movement or activities throughout the City. Landscaping Regulations Nonresidential Landscaping Requirements Nonresidential Landscaping shall be required according to the following sections. Table 4: Nonresidential Landscaping Requirements (Section References) Section Number Section Title 4.01.B. 1.a Landscaped Edge Along Street Right-of-Way 4.01.B. 1.b 4.01.B. 1.c 4.01.B. 1.d 4.01.B. 1.e 4.01.B. 1.f Interior Parking Lot Landscaping Landscaping for Corner Lots Landscaping/Screening for Parking Lots Adjacent to Residential Areas Foundation Plantings for Buildings 50,000 Square Feet or Larger Landscaping for Nonresidential Areas Adjacent to Residential Areas a. Landscaped Edge Along Street Right-of-Way All retail, commercial, industrial and other nonresidential uses shall comply with the following requirements: i. Landscaped Edge A landscaped edge shall be provided adjacent to all streets. (a) The landscaped edge shall be the following minimum widths, exclusive of street Right-of-Way. Landscaped edge width adjacent to an Interstate : Twenty (20) Feet Landscaped edge width adjacent to an Arterial: Fifteen (15) Feet Landscaped edge width adjacent to a Collector: Ten (10) Feet (b) Within the landscaped edge, one (1) Large Tree (Shade) shall be planted per 30 feet of street frontage. The Planning Director may approve the grouping or clustering of trees to accommodate driveway spacing, utilities, drainage facilities or similar site features. (c) All required trees shall be a minimum 3 caliper form Table 6: Approved Plant Material List. Page 63

66 Section 4. Site Development Requirements ii. Vehicle Headlight Screening Abutting the Landscaped Edge Where parking lots, drives, and access easements abut the landscaped edge, Shrubs shall be planted to form a contiguous buffer adjacent to the Landscape Edge. (a) Shrubs shall be from 5 gallon containers at the time of planting. (b) The number of required Shrubs shall be calculated solely on the area of the required landscaped edge. (c) Shrubs shall be planted in planting beds. (d) A berm may be placed within the landscaped edge in lieu of the required Shrubs unless needed for a headlight screen. (See 4.01.B. 1.d for possible additional landscaping requirements.) (e) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs. (f) The slope of the berm shall not exceed a 33 percent grade. iii. No more than 50% of the required plant materials shall be of the same species. iv. Any permeable surface not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with turf or other living ground cover. Figure 1: Parking Lot Headlight Screening Page 64

67 Section 4. Site Development Requirements b. Interior Parking Lot Landscaping Any nonresidential parking area that contains more than 10 parking spaces shall provide interior landscaping in addition to the required Landscaped Edge (4.01.B. 1.a.i): i. Interior Parking Lot Landscaping shall include all areas within the paved boundaries of the parking lot as well as planting islands, curbed areas, corner lots, parking spaces and all interior driveways and aisles. ii. (a) Landscaped areas outside of the parking lot may not be used to meet the Interior Parking Lot Landscaping requirement. There shall be ten (10) square feet of Interior Parking Lot Landscaping for each parking space or fraction thereof. iii. 3 feet parking buffer shall be provided for ninety (90) degree parking with two (2) rows facing each other. iv. There shall be one (1) Large Tree (Shade) tree or an Small Tree (Ornamental) for every ten (10) parking spaces or fraction thereof. All required trees shall be a minimum 3 caliper form Table 6: Approved Plant Material List. v. All landscaped areas shall be protected by a raised six (6) inch concrete curb or wheel stops. vi. Where an existing parking area is altered or expanded to increase the number of spaces to more than ten (10), Interior Parking Lot Landscaping shall be provided on the new portion of the lot in accordance with the above standards. vii. The requirements listed above shall not apply to structured parking garages. viii. The landscaping requirements shall not be taken away from the dimensions of any parking spaces. c. Landscaping for Corner Lots Corner lots at the intersection of two or more Arterial shall comply with the following landscaping requirements in addition to the required plantings for the Landscaped Edge and Interior Parking Lot Landscaping: i. A minimum of ten percent (10%) of the site area shall be devoted to landscaping; ii. Figure 2: 3 feet buffer requirement for 90-degree parking A minimum landscaped area of 900 square feet shall be located at the intersection corner of the lot. (a) This landscaped area shall be provided within an area measured a minimum distance of 40 feet from the projected corner of the intersection on both sides of the lot. Page 65

68 Section 4. Site Development Requirements d. Landscaping/Screening for Parking Lots Adjacent to Residential Areas Where parking is within 50 feet of residentially zoned property and is not screened from view by a wall, berm or other screen, a continuous screen of must be placed adjacent to the parking. The required landscaping shall comply with the following regulations: i. Shrubs shall be 5-gallon minimum at the time of planting and planted in planting bed. ii. The required Shrubs shall create a minimum three (3) foot tall screen within two (2) years of the date of planting. e. Foundation Plantings for Buildings 50,000 Square Feet or Larger i. Foundation plantings are required for buildings or groups of contiguous buildings that are 50,000 square feet or larger. ii. One shall be required for every ten thousand square feet of gross building area. iii. These trees shall be 3 minimum caliper. iv. These trees shall be planted within thirty feet (30 ) of the front facade. v. These plantings are intended to provide pedestrian areas while breaking up the large areas of impervious surface. vi. Trees can be grouped or planted in singular form. vii. These tree plantings should be placed so as not to impede sign visibility or pedestrian safety. viii. Trees intended for foundation plantings shall meet the following criteria: Figure 3: Building with Foundation Plantings (a) Trees planted less than four (4) feet from the back of curb shall be planted in a tree grate with a minimum diameter width of four (4) feet. Figure 4: Building without Foundation Plantings (b) Small Tree (Ornamental)s may be substituted for Large Tree (Shade)s at a building s foundation at the rate of five Ornamental Trees for each required Large Tree (Shade) (5:1). Small Tree (Ornamental)s shall have a minimum size of three (3) inch caliper. Multi-trunked trees will be required to meet a three (3) inch requirement based on standard nursery trade specifications. (c) Trees may be placed in groups with appropriate spacing for the species. Page 66

69 Section 4. Site Development Requirements (d) The requirements of this section may be reduced if approved by the Planning Director and when additional pedestrian features such as plazas, seating areas, fountains and outdoor recreation facilities are provided. These facilities must occupy an area equal to or greater than five percent (5%) of the building s total square footage. f. Landscaping for Nonresidential Areas Adjacent to Residential Areas A 20-foot wide landscaped buffer shall be provided adjacent to an existing residential or vacant land zoned for residential uses. Residential Landscaping Requirements Figure 5: Landscape Buffer Residential Landscaping shall be required in all Residential Zoning Districts according to the following sections. Any area within M, Mixed Use District, H, Highway Development, or PD, Planned Development District containing landscaping standards shall be regulated by the more restrictive standards. Section Number 4.01.B. 2.a 4.01.B. 2.b Table 5: Residential Landscaping Requirements Section Title Multi-Family and Single-Family Attached (Duplexes, Townhomes) Landscaping Requirements Landscaping Requirements for Single-Family Developments a. Multi-Family and Single-Family Attached (Duplexes, Townhomes) Landscaping Requirements i. Landscape Edge A landscaped edge shall be provided adjacent to all streets. (a) The landscaped edge shall be a minimum width of 15 feet, exclusive of street Rightof-Way. (b) Within the landscaped edge, one (1) Large Tree (Shade) shall be planted per 30 feet of Landscaped Edge. The Planning Director may approve the grouping or clustering of trees to accommodate driveway spacing, utilities, drainage facilities or similar site features. (c) Trees shall be 3-inch caliper minimum per Table 6: Approved Plant Material List. ii. Shrub Buffer for Parking Lots and Drives Where parking lots and drives abut the landscaped edge, shrubs shall be planted to form a contiguous buffer along the common boundary line. (a) The number of required Shrubs shall be calculated solely on the area of the required landscaped edge. (b) Shrubs shall be 5-gallon minimum at the time of planting and planted in planting beds. (c) A berm may be placed within the landscaped edge in lieu of the required shrubs unless needed for a headlight screen. (d) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs. (e) The slope of berm shall not exceed a 33 percent grade. Page 67

70 Section 4. Site Development Requirements iii. No more than 50% of the required plant materials shall be of the same species. iv. Any permeable surface not occupied by trees, shrubs, plantings beds, signs or other permitted fixtures shall be planted with turf or other living ground cover. v. Parking areas shall be landscaped in addition to the required landscaped edge. (a) Twenty (20) square feet of landscaping for each parking space shall be provided within the paved boundaries including one (1) Large Tree (Shade) or Ornamental Tree per ten (10) parking spaces. (b) All required trees shall be a minimum 3 caliper from Table 6: Approved Plant Material List. vi. All landscaped areas shall be protected by a raised six (6) inch concrete curb or wheel stop. vii. One (1) Large Tree (Shade) or Small Tree (Ornamental) per 1,000 square feet of required open space (e.g., required yards) shall be provided. viii. No site developed prior to the effective date of this section shall be required to conform to the landscaping requirements of this section unless the site is redeveloped or there is a thirty percent (30%) or more increase in the existing square footage of building area and/or reconstruction of the existing parking lot. ix. Additional Multi-Family Landscape Requirements The multi-family complex shall be landscaped in accordance with B. Landscaping Regulations. If more than one apartment building is permitted to be placed upon a single lot, the following areas shall be landscaped: (a) A twenty (20) foot strip along the front and rear of the buildings as measured from the foundation. (b) A fifteen (15) foot strip along all other sides of the buildings as measured from the foundation. (c) That area adjacent to building corners determined by extending the front, rear, and side landscape limits to their point of intersection. (d) Any additional landscape area that is needed to meet the City s requirements shall be indicated and fully described upon the plat. b. Landscaping Requirements for Single-Family Developments i. Two Large Tree (Shade)s or Small Tree (Ornamental) shall be provided in residential subdivisions for each lot. ii. Trees shall be 3-inch caliper minimum per Table 6: Approved Plant Material List iii. All required trees must be planted prior to request for final building inspection of the dwelling unit. Page 68

71 Section 4. Site Development Requirements Landscape Maintenance Requirements a. This subsection (4.01.B. 3) shall not apply to Single-Family lots for Single-Family structures. b. All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed. c. Landscaped areas shall be kept free of trash, litter, weeds and other such materials or plants not a part of the landscaping. d. An automatic irrigation system with rain and freeze sensors is required for all landscaping except for Single-Family residences. e. All cut areas front, side and rear must have sod for erosion control. f. Any Developer desiring to install and maintain landscaping materials and irrigation facilities within the City Right-of-Way must first receive written approval from the Planning Director g. Replacement of dead landscaping shall occur prior to the issuance of a certificate of occupancy. Figure 6: Landscaping in Single-Family Developments Page 69

72 Section 4. Site Development Requirements Approved Plant Materials a. The use of artificial plants or turf are prohibited. b. Use of drought tolerant plants are encouraged to meet the requirements of the ordinance. c. The following is the approved plant material list for plant materials required in the ordinance. Table 6: Approved Plant Material List Type of Planting Common Name Botanical Name Large Tree (Shade) Small Tree (Ornamental) Caddo Maple Pecan Shagbark Hickory Deodar Cedar Texas Persimmon Russian Olive Honey locust Black Walnut Eastern Black Walnut Eastern Red Cedar Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oak Chinquapin Oak Shumard Oak Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lacebark Elm Siberian Elm Acer barbatum Caddo Carya illinoensis Carya ovata Cedrus deodara Diospyros virgininiana Eleagnus anigustifolia Gleditsia triacanthos Juglans nigra Juglans nigra Juniperus virginiana Juniperus virginiana Liguidambar styraciflua Magnolia grandfolia Pistacia chinensi Pistacia texana Quercus macrocarpa Quercus muhlenbergii Quercus shumardi Quercus shumardi Texana Quercus virginiana Sapindus drummondii Taxodium distichum Ulmus alata Ulmus americana Ulmus crassifolia Ulmus parvifolia Ulmus parvifolia Ulmus pumila River Birch Betula nigra Eastern Redbud Cercis canadensis Redbud Cercis canadensis Desert Willow Chilopsis linearis Dogwood Cornus florida Possumhaw Holly Ilex decidua Eastern Platka Holly Ilex opaca Foster Holly Ilex opaca #1 - #5 Yaupon Holly Ilex vomitoria Golden Raintree Koelrutaria paniculata Crepe Myrtle Lagerstroernia indica Flowering Crabapple Malis Spp. Wax Myrtle Myrica cerifera Afghan (Eldarica) Pine Pinus eldarica Ornamental Plum Prunus blireiana Cherry Laurel Prunus caroliniana Purple Plum Prunus cerasifera Mexican Plum Prunus mexicana Callery Pear Purus calleryana Flowering Pear Purus calleryana Texas Sophora Sophora affinis Chaste Tree Vitex agnus-castus Page 70

73 Section 4. Site Development Requirements Table 6: Approved Plant Material List Type of Planting Common Name Botanical Name Atlas Cedar Cedrus atlantica Manetti Deordar cedar Cedrus deodara Crytomeria Cryptomeria japonica Leyland Cypress Cupressocyparis leylandi NRS Holly Ilex aquifolium Burford Holly Ilex cornuta burfordii Tree Form Holly Ilex opaca AIT / Ilex perny Yaupon Holly Ilex vomitoria Cedar spp. Juniperus spp. Juniper spp. Juniperus spp. Wax Myrtle Myrica cerifera Mock Orange Philadelphus sp. Fraser Photinia Photinia xfraseri Afghan (Eldarica) Pine Pinus eldarica Cherry Laurel Prunus caroliniana Vitex Vitex angus-castus Living Screen Shrubs Abelia Barberry Japanese Boxwood Elaegnus Dwarf Yaupon Chinese Holly Dwarf Burford Holly Junipers Texas Sage Nandina Fraser Photinia Abelia sp. Berberis sp. Buxus sp. Eldesnus sp. Flex vomituria nana Ilex cornuta Ilex cornuta burfordii Juniperus spp. Leucophyllum frutescens Nandina domestica Photinia xfraseri Page 71

74 Section 4. Site Development Requirements Alternative Compliance for Landscape Requirements A request for Alternative Compliance may be submitted and acted upon in accordance with Section 7.01 Alternative Compliance. The Planning Director may approve the following, based upon a finding that the proposed alternative is, at a minimum, equivalent to and meets the spirit and intent of this 4.01.B. Landscaping Regulations. a. Location or Type of Required Landscape Materials i. Alternatives or minor changes to the location or type of required landscape materials may be required due to unusual topographic constraints, visibility restrictions, siting requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks. ii. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the amount of landscape materials. b. Required Landscaping Edges and Buffers i. Alternatives or minor changes to the required landscaped edges and buffers along a street frontage if immediately adjacent properties on both sides (at side property lines) may have a smaller or no landscape buffer, in order to maintain consistency between an existing parking lot and drive aisle alignments. ii. If an alternative landscape edge or buffer is granted, an equal amount of landscape area and trees shall be provided elsewhere on the site as may be deemed appropriate by the Planning Director. c. Landscaping for Nonresidential Areas Adjacent to Residential Areas i. Partial or complete relief may be provided from the landscaping buffer requirement within 4.01.B. 1.f, if the applicable lot is smaller than two (2) acres. ii. If an alternative buffer is granted, adequate screening shall be provided to ensure an equivalent buffer effect. Page 72

75 Section 4. Site Development Requirements Tree Preservation and Mitigation Requirements Purpose The purpose of this section is to conserve, protect, and enhance existing healthy and safe trees and natural landscape on land that is being developed. It is not the intent of this section to require a tree removal permit to remove trees located on existing developed sites. Applicability a. All residential and nonresidential properties must first obtain a tree removal permit for development or redevelopment purposes. b. If a tree has sustained damage which creates an immediate hazard to life or property, the Planning Director may approve the removal of such tree. c. An Application for a tree removal permit shall be filed with the Planning Director and shall include the location, species, caliper, height and canopy coverage of all trees proposed to be removed. The Planning Director shall promptly approve or deny the application and may include conditions for approval. d. All existing single-family residential developments shall be exempt from 4.01.C. 2.a. Tree Preservation Survey a. A tree survey shall be required with submittals of each of the following: i. A detail plan, ii. A subdivision Plat; iii. Plans required for a Building Permit. b. If the proposed detail plan, plat or building permit will not result in new construction or expansion of existing development, a tree survey shall not be required. Tree Preservation Regulation a. The tree survey shall identify the location, species, caliper and approximate canopy coverage of all healthy trees which are 3-inch caliper in size or larger when measured at 4½ feet above the ground. b. Trees identified by survey shall be preserved in accordance with the following requirements: i. A minimum of 60 percent of the trees which are three-inch caliper in size or larger shall be preserved. ii. If more than 40 percent of such trees are removed, then each caliper inch of the largest trees removed in excess of 40 percent must be replaced with one caliper inch of a new tree of a species included on the tree list set forth in 4.01.C. 4.b.v. (a) The minimum size replacement tree is three-inch caliper. For the purposes of this section, tree replacement calculations shall begin with the largest tree removed and continue in descending order. For example, in a lot of ten trees, five of which are 8- inch caliper and five of which are 4-inch caliper, four of the 4-inch caliper trees and one of the 8-inch caliper trees are removed; therefore, one tree must be replaced to meet such requirement. The tree that must be replaced is the largest tree removed; in this case, the 8-inch caliper tree shall be replaced. However, the 8-inch caliper tree may be replaced with one 8-inch caliper tree, with two 4-inch caliper trees, or any combination of trees 3-inch caliper or larger which adds up to eight caliper inches. iii. 90 percent of the healthy and growing trees which are classified as "large" on the tree list set forth in 4.01.C. 4.b.v of this section and which are 10-inch caliper in size or larger must be preserved. Page 73

76 Section 4. Site Development Requirements iv. 80 percent of the healthy and growing trees which are classified as "small," on the tree list set forth in 4.01.C. 4.b.v of this section and which are 4-inch caliper in size or larger must be preserved. v. Trees to be replaced must be included in the following list: Large Boxelder Bitternut Hickory Pecan Northern Catalpa Texas Sugarberry Hackberry White Ash Green Ash Texas Ash Honey Locust Black Walnut Eastern Red Cedar Sweetgum Osage Orange Chinaberry Red Mulberry Sycamore Eastern Cottonwood Burr Oak Chinkapin Oak Sumard Red Oak Texas Red Oak Black Locust Black Willow Western Soapberry Chinese Tallow Balch Cypress American Elm Cedar Elm Slippery Elm Southern Magnolia Crabapple Live Oak Table 7: Trees to be Replaced Small Indigo Bush Amorpha Chittamwood Hawthorn Redbud Roughleaf Common Persimmon Eastern Wahoo Loquat Deciduous Holly Privet Waxmyrtle Photinia Chickasaw Plum Mexican Plum Cherry Laurel Common Pear Carolina Buckthorn Smooth Sumac Texas Sophora Mexican Buckeye Rusty Blackhaw Chastetree Toothache Tree Shrubalthea Chinese Holly Burford Holly American Holly Yaupon Holly Crapemyrtle c. All trees to be preserved shall be identified as such and shall be included on the landscape and screening plan. d. Existing trees may be used to fulfill tree planting requirements pertaining to screening and landscaping if such trees are in a healthy and growing condition. e. Existing trees to be preserved shall be protected by barricades or other acceptable methods during site preparation and construction to provide an area having one foot of radius for each caliper inch when measured at 4½ feet above the ground. i. The protected area shall not be used for vehicle or equipment parking or storage of materials. Page 74

77 Section 4. Site Development Requirements ii. A minimum of 75 percent of the protected area shall be maintained as permeable landscape area at grades existing prior to site development. Such area shall be maintained on a permanent basis following completion of site development. f. If any tree is removed in violation of the requirements set forth in this section, including an injury to a tree resulting from failure to follow required tree protection measures which causes, or may reasonably be expected to cause, the tree to die, the city shall have the authority to enact the following administrative and civil penalties on the owner of the property from which the tree was removed: i. A monetary penalty of $ per caliper inch of width of the removed tree; and ii. Replacement with a new tree having a total tree caliper width equivalent to twice that of the removed tree. Such replacement tree shall have a minimum caliper width of three inches and shall be planted in a location approved by the director of planning and zoning. Funds paid to the city as tree removal penalties shall be deposited in a special account and used by the city to provide and support landscape planting on public property. g. The Board of Adjustment shall have the authority or jurisdiction to consider or grant Zoning Variance to the requirements of this section. Fee in Lieu of Tree Replacement i. The City Council may approve payment of a fee in lieu of replacement trees. ii. The fee shall be equal to the cost of the replacement trees and shall include the installation or planting cost. The Applicant shall submit a written estimate from a nursery as verification of the cost. iii. The fee in lieu option is available for only the following cases: (a) If the proposed Development is heavily treed and the existing tree canopy would prohibit the growth of the replacement trees, or (b) If the required replacement trees were to be installed, then the replacement trees would be planted under the canopy of an existing tree. Critical Root Zone Protection a. Each tree to be preserved shall have a Critical Root Zone surrounding the tree, measured at the drip line. b. The following activities are prohibited in the Critical Root Zone: i. Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous or hazardous materials on or around tree and roots. Poisonous or hazardous materials include, but are not limited to, paint, petroleum products, concrete or stucco mix, dirty water or any other material which may be harmful to tree health; ii. The use of tree trunks as a winch support, anchorage, temporary power pole, sign posts or other similar function; iii. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval of the City; iv. Soil disturbance or grade change; v. Impervious paving; vi. Vehicular traffic; and vii. Drainage changes Page 75

78 Section 4. Site Development Requirements c. The following restrictions apply during construction near the Critical Root Zone i. All trees shall be protected by a fence, frame, or box constructed around the drip line of the preserved tree. ii. A minimum of three (3) inches of mulch or compost shall be spread beneath the drip line of the preserved tree. iii. No person shall excavate any ditches, tunnels or trenches, place any paving material or place any drive or parking area within the drip line without prior written approval of the Planning Director at the time of Site Plan. iv. No rope, wire, nails, advertising posters, or other contrivance shall be attached. Page 76

79 Section 4. Site Development Requirements Screening Standards Purpose Standards set forth in this subsection establish the screening requirements for the various land uses and zoning districts. General Requirements Screening Required Between Nonresidential and Residential a. Residential screening wall is required for new subdivisions along Arterial streets. b. A masonry screening wall separating a nonresidential zoning district from a residential zoning district shall be required pursuant to this section. c. A required masonry screening wall shall be at least six (6 ) feet in height, but not more than eight feet (8 ), unless specifically permitted or required by this Section or unless approved by a PD, Planned Development District, Site Plan, or Specific Use Permit. Responsibility for Constructing the Screening Wall a. When new construction abuts the boundary of an existing development, then the Developer of the new construction, regardless of whether the new construction is residential or nonresidential, shall erect the screening wall adjacent to the common property line with the existing development. The screening wall shall extend along the entire shared portion of the common property line. b. The design and construction material of the screening wall shall be as specified in 4.02.B. 4. Screening Walls for Loading Docks a. Nonresidential uses with loading docks or delivery entrances that front a Collector or Arterial shall be screened by a minimum six (6 ) feet tall masonry screening wall to obscure views of loading docks and loading spaces. b. Loading docks and delivery entrances within the I, Industrial District are exempt from the above requirement of 4.02.B. 3.a. c. The following standards apply if service or loading dock areas are adjacent to residential uses. i. Service/loading areas shall be screened from view at a height of eight feet (8 ) at the residential property line. ii. This 8-foot wall must screen the entire loading dock or space. iii. Screening materials shall utilize similar masonry materials to the building s façades. Screening Wall Materials a. Any screening wall required by this Section shall be constructed of the following materials: i. Brick, stone, or split-face concrete masonry unit; or ii. Pre-cast concrete wall or poured-in-place concrete wall with a similar appearance as brick, stone or split-face concrete masonry unit. b. All construction materials shall be earth-tone masonry colors including white. i. Where a masonry screening wall is constructed of split-face concrete masonry units or pre-cast concrete or poured-in-place concrete with a similar appearance as brick, the decorative or split-face side of the wall shall face the adjacent residential properties or street. ii. An unfinished Haydite block wall or a wall with non-earth tone colors shall be prohibited. Page 77

80 Section 4. Site Development Requirements iii. Smooth-faced concrete masonry units shall not be permitted as a construction material for a screening fence. Screening Wall Design a. If masonry is used on the main building, then all masonry walls shall be constructed with the same masonry materials as the main building. b. The screening wall shall be designed and constructed to prevent any drainage or erosion problems. Figure 7: Screening Wall- Masonry Mechanical Equipment Screening Requirements for Nonresidential Properties a. General i. In all nonresidential development, all mechanical equipment whether ground-mounted, roof-mounted or otherwise attached to the building shall be screened from view. ii. Mechanical equipment areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. iii. The location, construction, and screening of all mechanical equipment shall be shown on the Site Plan or design drawings. b. Ground-Mounted Mechanical Equipment i. Ground-mounted mechanical equipment, with the exception of an electricity delivery provider s distribution equipment, shall be placed behind a screening wall or Living Screen equal to or greater than one foot (1 ) above the height of the unit. ii. The screening wall shall be constructed of masonry materials. c. Roof-Mounted Mechanical Equipment i. Roof-mounted mechanical equipment shall be screened from view with a parapet wall, mansard roof or alternative architectural element. ii. The height of the screening element shall be equal to or greater than the height of the mechanical unit(s) provided that the element shall not extend more than six feet (6 ) above the roof. iii. When the height of a mechanical unit exceeds the maximum permitted height of the screening feature, an additional roof setback for the unit shall be required at a ratio of two horizontal feet (2 ) for each additional one foot (1 ) of vertical height above the maximum six feet (6 ). iv. Screening for mechanical equipment shall apply to new building construction only. Page 78

81 Section 4. Site Development Requirements Screening of Outdoor Waste Storage a. General i. Waste storage areas housing refuse containers, dumpsters, and similar facilities shall be constructed, located, and screened to prevent interference with the peace, comfort and repose of the occupants of any associated or neighboring building or residence. ii. The location, construction and screening of all waste storage areas shall be shown on the Site Plan. b. Screening Required i. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be screened on three sides with a masonry screening wall that shall be constructed to a minimum height of one foot (1 ) above the container height, but shall not exceed eight feet (8 ) in height. ii. The container shall be screened by the masonry wall capable of screening the area. iii. The screening wall shall be similar to or extensions of the development s architectural design. c. Incidental Use Requirement and Location Standards Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers that are used for waste disposal purposes shall: i. Only be allowed as an incidental use; and ii. Only be allowed when located behind the building line established by the structure and not within any required landscaped area. See Outside Storage Standards. Page 79

82 Section 4. Site Development Requirements Parking Standards Vehicle Parking and Space Regulation Required Minimum and Maximum Parking for Residential Uses. Use group Single-Family Detached Accessory dwelling Two-Family or Duplex Multifamily (apartment, townhouse, condominium etc.) Table 8: Parking Requirement for Residential Uses Minimum 2 spaces per housekeeping unit in addition to required parking for the principal dwelling 2 spaces per housekeeping unit For one bedroom units Automobile 1.5 spaces For two bedroom units 2 spaces For three or more bedroom units In addition, (regardless of the mix of unit type and size), guest parking shall be provided at a ratio of per 5 dwelling units. Guest parking shall be located in an area or areas commonly accessible to all units NA NA NA Maximum NA NA NA Bicycle (Optional) 1.5 spaces for each 50 automobile spaces required 2.0 spaces 2.25 spaces per 4 dwelling units Rooming House, Lodging House, Fraternity/Sorority House, Tourist Home or B&B Senior Adult Housing - Independent living Nursing Home or Convalescent Home Adult Care Residence, Group Home, or Juvenile Residence per 2 bedrooms per 2 units plus one space per employee per 4 beds plus per employee per every 3 beds plus per employee per bedroom per 1.5 units plus per employee per 3 beds plus per employee per every 2 beds plus per employee NA for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required Continuing Care Retirement Community (contains multiple elements of independent living, assisted living and convalescent care in one campus/complex) Minimum parking shall be calculated based upon the sum of the parking requirements (specified in this table) for each component of the complex Sum of the maximum requirements of the individual components of the complex for each 50 automobile spaces required Page 80

83 Section 4. Site Development Requirements Required Minimum and Maximum Parking for Nonresidential Use Use group Auditoriums, Gymnasiums, Movie Theaters, Churches, and other places of assembly not otherwise listed Club or Lodge Elementary School or Middle School High School College, Business School or Vocational School Library or Museum Convention Center Live Performance Theater or Music Hall Stadium and Arenas Hospital Public Facilities, Community Centers, Neighborhood Facilities and Recreational Facilities Public Transit Station or Private bus station Table 9: Parking Requirement for Nonresidential Uses Automobile Minimum per 4 seats in the largest assembly hall per 200 sq. ft. of floor area 1.5 spaces per classroom 5 spaces per classroom 6 spaces per classroom per 300 sq. ft. of display area per 3 seats in the largest assembly hall plus per 400 sq. ft. of exhibit hall space per 3 seats per 3 seats per 2 beds plus per 400 sq. ft. of reception, administration, diagnostic, surgical and outpatient space per 500 sq. ft. of floor area plus per 3 seats for each place of assembly within the facility per 300 sq. ft. of floor area Maximum per 3 seats in the largest assembly hall per 150 sq. ft. of floor area 2.0 spaces per classroom 6.5 spaces per classroom 7.5 spaces per classroom per 250 sq. ft. of display area per 2.5 seats in the largest assembly hall plus per 300 sq. ft. of exhibit hall space per 2.5 seats per 2.5 seats per bed plus per 300 sq. ft. of reception, administration, lab, diagnostic, surgical and outpatient space per 400 sq. ft. of floor area plus 1 space per 2.5 seats for each place of assembly within the facility per 200 sq. ft. of floor area Bicycle (Optional) for each 50 automobile spaces required for each 50 automobile spaces required Equal to 10% of the student capacity Equal to 10% of the student capacity Equal to 6% of the classroom capacity of each building for each 50 automobile spaces for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required 12% of the required number of automobile spaces 35% of the number of automobile spaces required or a minimum of 20, whichever is greater Page 81

84 Section 4. Site Development Requirements Use group Parks: Active - i.e., ball fields, playgrounds, picnic shelters, bandstands, beach, etc. Parks: Passive - does not include any facilities to accommodate active organized recreation Post Office and Private Postal services Parking garage, commercial parking lots, public parking lots Marina (Hickory Creek Future Use) Retail (except furniture and appliance sales) Retail: Furniture and appliance sales Shopping Center, Shopping Mall Grocery Store Home Improvement Superstore Discount Club or Superstore Office (except medical or dental office or clinic) Medical Office or Clinic, Dental Office or Clinic Table 9: Parking Requirement for Nonresidential Uses Automobile Minimum 5 spaces per acre of facility plus 1 space per every 4 persons of total maximum capacity of the facilities included in the park To be determined by the Parks & Recreation staff or Public Works Director based upon estimated peak usage of the facility per 250 sq. ft. of floor area Maximum 6 spaces per acre of facility plus per 3 persons of total maximum capacity of the facilities included in the park 125% of the minimum parking per 200 sq. ft. of floor area Bicycle (Optional) Minimum of 10 spaces plus 1 additional space for each 50 automobile spaces required Minimum of 5 spaces plus 1 additional space for each 50 automobile spaces required for each 50 automobile spaces required NA NA 10% of the number of automobile spaces provided for every 2 boat slips per 250 sq. ft. of sales area per 400 sq. ft. of sales area per 250 sq. ft. of sales area per 250 sq. ft. of sales area per 250 sq. ft. of sales area per 250 sq. ft. of sales area per 300 sq. ft. of floor area per 250 sq. ft. of floor area for every slip per 166 sq. ft. of sales area per 300 sq. ft. of sales area per 166 sq. ft. of sales area per 166 sq. ft. of sales area per 140 sq. ft. of sales area per 140 sq. ft. of sales area per 250 sq. ft. of floor area per 200 sq. ft. of floor area for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required Bank: No Drive-Thru Bank: With Drive-Thru per 250 sq. ft. of floor area per 400 sq. ft. of floor area per 200 sq. ft. of floor area per 200 sq. ft. of floor area for each 50 automobile spaces required for each 50 automobile space required Page 82

85 Section 4. Site Development Requirements Use group Personal Services (i.e. dry cleaner, barber shop, beauty salon, tailor, etc.) Restaurant, Eating and Drinking establishments Live entertainment, karaoke, nightclub, bar or similar places of assembly without fixed seats Commercial Recreation - within a building (unless otherwise listed) Commercial Recreation - outdoors Bowling Alley Motel & Tourist Homes Hotel with total meeting space in excess of 1,000 sq. ft. Hotel with total meeting space of 1,000 sq. ft. or less Hotel, Resident Extended Stay Kennel or Veterinary Hospital Day Care or Nursery School Table 9: Parking Requirement for Nonresidential Uses Automobile Minimum per 200 sq. ft. of service area per 75 sq. ft. of floor area exclusive of kitchen and freezer areas per every 3 persons based upon maximum occupancy per 200 sq. ft. of floor area 5 spaces per acre of facility plus per 4 persons of total maximum capacity of the facilities per employee plus 4 spaces per lane per guest room per guest room plus per 100 sq. ft. of meeting or banquet room per guest room 2 spaces per guest room per 400 sq. ft. of floor area per 500 sq. ft. of floor area Maximum per 166 sq. ft. of service area per 60 sq. ft. of floor area exclusive of the kitchen and freezer area per every 2.5 persons based upon maximum occupancy per 166 sq. ft. of floor area 6 persons per acre of facility plus per 3 persons of total maximum capacity of the facilities per employee plus 5 spaces per lane 1.25 spaces per guest room 1.25 spaces per guest room plus per 75 sq. ft. of meeting or banquet room 1.25 spaces per guest room plus per 75 sq. ft. of meeting or banquet room 3 spaces per guest room plus per 75 sq. ft. of meeting or banquet room per 300 sq. ft. of floor area per 400 sq. ft. of floor area Bicycle (Optional) for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile space required 12% of the total automobile spaces required Minimum of 10 spaces plus 1 additional space for each 50 automobile spaces provided for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required. for each 50 automobile spaces required. for each 50 automobile spaces required for each 50 automobile spaces required Page 83

86 Section 4. Site Development Requirements Use group Funeral Home or Mortuary Automobile Repair and Service House sales, mobile home sales, trailer sales, boat sails, and other outdoor equipment sales Commercial Nurseries Car Wash Facility: Self- Service All Other Car Wash Facilities (full-service and/or automated) Research Lab Manufacturing Warehousing Self-Storage Facility Enclosed - All storage units are contained within a building accessible from a single entry and interior hallways Table 9: Parking Requirement for Nonresidential Uses Automobile Minimum per employee plus one of the below ratios, whichever is greater: per 50 sq. ft. of public viewing area or per 3 seats in the chapel per 300 sq. ft. of service area per 300 sq. ft. of sales, office and waiting area per 300 sq. ft. of floor space plus per 5,000 sq. ft. of lot area 1 parking space at each end of every stall plus 1 parking space per stall located elsewhere on the site Stacking area to accommodate 3 vehicles per bay plus 2 parking spaces per bay elsewhere on-site per 400 sq. ft. of floor area per 500 sq. ft. of floor area per 2,000 sq. ft. of floor area 5 spaces adjacent to the office/entry plus per 50 units Maximum per employee plus one of the below ratios whichever is greater: per 40 sq. ft of public viewing area or per 2.5 seats in the chapel per 200 sq. ft. of service area per 200 sq. ft. of sales office and waiting area per 250 sq. ft. of floor space plus 1.5 spaces per 5,000 sq. ft. of lot area 1 parking space at the end of every stall plus 1.5 parking spaces per stall located elsewhere on the site Stacking area to accommodate 4 vehicles per bay plus 3 parking spaces per bay elsewhere onsite per 300 sq. ft. of floor area per 400 sq. ft. of floor area per 1,500 sq. ft. of floor area 7 spaces adjacent to the office/entry plus per 30 units Bicycle (Optional) for each 50 automobile spaces required for each 50 automobile spaces required each 50 automobile spaces required for each 50 automobile spaces required NA NA for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required for each 50 automobile spaces required Page 84

87 Section 4. Site Development Requirements Use group Self-Storage Facility Not Enclosed - All storage units are individually accessible from vehicular drive aisles Table 9: Parking Requirement for Nonresidential Uses Automobile Minimum 5 spaces adjacent to the office plus drive aisles measuring a minimum of 28 feet between units Maximum 7 spaces adjacent to the office plus drive aisles measuring a minimum of 28 feet between units NA Bicycle (Optional) Page 85

88 Section 4. Site Development Requirements Required Minimum and Maximum Parking for Mixed Uses Table 10: Parking Requirement for Mixed Uses Use group Mixed Uses - Any combination of two or more uses located upon the same site, within the same building or space Parking Dimensions and Surfaces Minimum Automobile Total spaces equal the sum of the requirements for each individual use unless credits and/or alternative parking standards are applied as permitted elsewhere in this chapter Maximum Total maximum number of spaces equals to the sum of the max. parking limits of the individual uses Bicycle (Optional) for each 50 automobile spaces required Parking Dimensions A minimum space of at least 9 feet by 18 feet shall be provided for each vehicle. Surface Material All areas within the City that are used for the parking of motor vehicles shall be paved with impervious surface materials and shall be constructed in accordance with the following minimum specifications: a. Reinforced concrete shall have a five-inch minimum thickness, 3,000 psi, on four-inch cushion and shall be reinforced with No. 4 bars, 24-inch centers both. b. Asphaltic concrete shall have a four-inch thick type D HMAC on a six-inch crushed stone base or four percent lime stabilized soil compacted to not less than 95 percent as determined by TSDHPT test method Tex-113-E. Loading Space Nonresidential uses permitted by the zoning ordinance shall provide permanently maintained offstreet loading spaces with adequate access. Each loading space shall measure no less than ten feet wide by 25 feet long and shall have a vertical clearance of at least 14 feet and a backing space of at least 24 feet. Buildings of 20,000 square feet or less shall require one loading space. Buildings in excess of 20,000 square feet shall require two loading spaces. Loading spaces shall not be located any closer than ten feet to any existing or proposed rights-ofway, or closer than 20 feet to any residential use or any property zoned for residential uses. No loading space shall be erected within a fire access zone. Parking Garages/Vertical Stacked Parking and Modular Automated Parking Systems (MAPS) Parking garage arrangements shall be permitted at a height not to exceed four stories. Vertically stacked parking arrangements and modular automated parking systems shall be permitted. Vertically stacked systems which are not automated and which require vehicles and or lifts to access the stacked vehicle storage system shall provide a standard drive aisle between bays. Additional clearances may be required upon review by the appropriate building code official and the fire code official. Modular automated parking systems (MAPS) are not required to meet the standard parking space or drive aisle dimensions. They are required to meet all other applicable codes and ordinances. Page 86

89 Section 4. Site Development Requirements Minimum Parking Surface Area Figure 8: Parking Garage a. No owner, occupant or person in charge of property zoned residential shall cause, suffer, permit or allow the construction, placement or maintenance of a driveway or minimum improved parking surface on such property which covers more than 50 percent of the front yard. b. It is an affirmative defense to prosecution under this subsection if a driveway is: i. A circular drive connecting to a street or alley by at least two driveway approaches, and covers not more than 65 percent of the yard; or ii. Within a residential front yard and parking is prohibited or restricted by ordinance on that portion of the street abutting the yard, and the driveway covers not more than 65 percent of the yard. Violation; Penalty a. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $2, Each day a violation of this section continues shall constitute a separate offense. b. Nothing in this section is intended to diminish in any respect deed restrictions which may impose more stringent requirements than this section. Page 87

90 Section 4. Site Development Requirements Lighting Standards Purpose The purpose of this subsection is to: Reduce the problems created by improperly designed and installed outdoor lighting; Reduce problems of glare on operators of motor vehicles, pedestrians and land uses; Minimize light trespass; Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area that certain kinds of outdoor lighting fixtures can illuminate; and Preserve the night sky as a natural resource. General Requirements The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this subsection. Buffer Areas and Required Setback Areas Light sources or luminaires are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways and hike and bike trails. Outdoor Advertising Lighting a. Light for outdoor advertising shall be designed to function as full cutoff type of luminaires. b. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting. The applicant is responsible for acquiring a signed letter from the FAA stating that the proposed lighting is acceptable. c. See Figure 9: Shielded/Cutoff Light Sources for examples. Shielded Light Source Required a. All luminaires located on nonresidential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three (3) feet above grade on the lot line abutting a Residential Property. b. In all other instances, the light source must be completely shielded from direct view of at a point six (6) feet above grade on the lot line. c. See Figure 9: Shielded/Cutoff Light Sources for examples. Light Trespass Limitation All luminaires located on private property shall be designed or positioned so that the maximum illumination at the property line next to a Residential Property shall not exceed one-quarter (¼) foot-candle and shall not exceed one-half (½) foot-candle adjacent to a street right-of-way. Canopy Lighting Lighting recessed for canopies covering fueling stations at automobile service stations and drivethrough facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source and lenses (bulb or lamp) are completely shielded from direct view at a point five (5) feet above the grade on the lot line. Page 88

91 Section 4. Site Development Requirements Wall or Roof Lighting a. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas and yard areas within thirty (30) feet of the building. b. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Building Official finds the following: i. That the proposed lighting is not in conflict with the stated purpose; ii. Figure 9: Shielded/Cutoff Light Sources That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic. Page 89

92 Section 4. Site Development Requirements Open Area Used for Motor Vehicle Parking, Storage or Access a. Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaires. b. Freestanding luminaires are permitted to be a maximum of thirty (30) feet in height. c. When a luminary is located within one hundred (100) feet of a Residential Property the maximum permitted luminaires height shall be twenty (20) feet. d. All luminaires must have a total cutoff angle equal to or less than ninety (90) degrees. e. The use of exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only when the Building Official finds the following: i. That the proposed lighting is not in conflict with the stated purpose; ii. That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic. Figure 10: Examples of Cut-Off Angles Signs Externally illuminated signs, advertising displays, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded. Flags, Statues, and Other Similar Objects Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare. Buildings Building façades and architectural features of buildings may be floodlighted when the following conditions are met: a. Floodlight fixtures are equipped with shields and are located so as to limit the fixture s direct light distribution to the façade or feature being illuminated; b. The configuration of the floodlight installation shall block all view to the floodlight fixture s lamps from adjacent properties; and Page 90

93 Section 4. Site Development Requirements c. The maximum luminance of any floodlighted surface does not exceed the foot-candles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces. Exterior Lighting Plan a. Submission of Plan i. Applicability ii. A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a use of greater intensity than a one (1) or two (2) family dwelling. Submission Official The lighting plan shall be submitted to the Building Official. iii. Submission Criteria The submission shall contain but shall not necessarily be limited to the following: (a) Plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; (b) Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaires; and (c) Photometric plan and data sheets, such as that furnished by manufacturers, or similar to that furnished by manufacturers, showing the angle of cut off or light emissions. iv. Once the plan is approved by the Building Official, the exterior lighting of the property shall conform to the approved lighting plan. v. A lighting plan required by this 4.04.B. 11 Exterior Lighting Plan shall expire at the same time that the approved Site Plan for which it was submitted expires. b. Lamp or Fixture Substitution Should any outdoor light fixture or the type of light source therein be changed after the issuance of the Building Permit or Certificate of Occupancy and Compliance, a change request with adequate information, as required in 4.04.B. 11.a above herein, to ensure compliance with the Zoning Ordinance must be submitted to the Building Official for review and approval prior to the substitution. Prohibited a. Prohibited Lighting Fixtures i. Cobra head type lighting fixtures having dished or drop lenses or refractors shall be prohibited. ii. See Figure 9: Shielded/Cutoff Light Sources for examples. b. Lights Prohibited from Flickering or Flashing Flickering or flashing lights shall be prohibited. Illumination a. Intensity of Illumination The intensity of illumination projected from one property to another property is determined by the zoning district classification of the adjacent property and shall not exceed the following intensities, as measured from the property line of the adjacent property: Page 91

94 Section 4. Site Development Requirements Table 11: Maximum Illumination between Properties Underlying Zoning of Adjacent Property Foot- Candles Horizontal Foot- Candles Vertical Single-Family (detached and attached) Residential Districts Multi-Family Residential Districts Commercial Districts, streets Industrial Districts b. Maximum Outdoor Illumination Level The maximum computed or measured outdoor illumination level on a property shall not exceed 20 foot-candles outdoors at any point, except that lighting under canopies (such as for service stations) shall not exceed 30 foot-candles. c. Measurement of Illumination i. Meter required (a) Lighting levels of outdoor lighting shall be measured in foot-candles with a directreading portable light meter with a color and cosine corrected sensor with multiple scales. (b) Reading accuracy should be within ± five percent (5%). (c) The meter shall be tested and calibrated by an independent commercial photometric laboratory or manufacturer within one year of date of use as attested to by a certificate issued by such laboratory. ii. Horizontal Method of Measurement (a) The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. (b) Readings shall be taken only after the cell has been exposed to provide a constant reading. (c) Measurements shall be made when the meteorological optical range is six miles or further so that measurements will not be adversely affected by atmospheric scatter. (d) Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off. (e) This procedure eliminates the effects of moonlight and other ambient light. (f) The difference between the two readings shall be compared to the foot-candle ratings listed in 4.04.B. 13. iii. Vertical Method of Measurement (a) The meter sensor shall be mounted at five feet above ground level in a vertical position, perpendicular to the property line and facing the outdoor lighting in question. (b) Readings shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off. (c) This procedure eliminates the effects of moonlight and other ambient light. (d) The difference between the two readings shall be compared to the foot-candle ratings listed in 4.04.B. 13. Page 92

95 Section 4. Site Development Requirements Exemptions The following are exempt from the standards contained in the Zoning Ordinance. a. Decorative Seasonal Lighting Decorative seasonal lights used for temporary purposes. b. Residential Dwellings i. Lighting for residential dwellings, provided that: ii. (a) The lamps have a power rating of less than or equal to seventy-five (75) watts, (b) A cutoff component is incorporated in the design of the luminaires, and (c) The lighting level at the property line shall not exceed the maximum level specified within the Zoning Ordinance. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on and off by a motion sensor and the lamp is not on for a continuous period exceeding ten (10) minutes. c. Specific Signs Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement. d. Temporary Emergency Lighting Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all vehicular luminaires. e. Hazard Warnings Hazard warning luminaires, which are required by federal and state regulatory agencies. f. Residential Party Lights i. Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and lanterns. ii. The party lights shall be removed within a two (2) weeks after a social gathering. g. Specific Recreation i. Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are exempted from the general standards of this section. ii. Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto a residentially used or zoned property. iii. The maximum permitted illumination at the residential property line shall not exceed two (2) foot-candles. h. Public Street or Sidewalk Projects The City Council may vary from the requirements of this section as part of the approval of public street or sidewalk projects. Page 93

96 Section 4. Site Development Requirements Supplementary Regulations Carport Regulation Carports are allowed in all zoning districts subject to issuance of a building permit. Carports shall: Be separated from the main structure Be restricted to 16 height Have trim fascia on all exterior sides and have internal gutter system. Be open on all four sides. Comply with all zoning ordinance requirements. If no portion of the carport structure encroaches beyond the front building line of the primary residential structure and exists entirely within the side or rear yard of the lot, the structure may be built to the side or rear yard property lines, provided that the carport structure has a gutter diverting rainfall runoff to the sides of the structures and onto the surface of the host property. A carport shall be constructed of a minimum of 22 gauge metal, wood or masonry. No storage of any type other than vehicular storage is permitted within a carport structure. The parking surface of the carport must be of similar material as the driveway surface. Carports may be constructed in both front and rear driveway areas. Fencing Regulations Fencing Regulations for Residential Districts a. Only metal or masonry columns for support. b. A fence must be finished on all sides. c. Barb wire is allowed in residential zoning for agricultural purposes only, with a minimum of 2 acres. d. Electrical fence may be allowed on residential zoned property of 2 acres or more. Electrical current shall be no more than 12 volts DC pulsating charge, with one (1) foot separation between electrical fence and existing fence on interior side of fence only. e. Fences exceeding four feet in height shall not be constructed on lot lines parallel to a street, public place or public way or outside building lines unless the owner of the fence has received prior written approval from the Chief Building Official. Fencing Regulations for Nonresidential Districts a. Only metal or masonry columns for support. b. A fence must be finished on all sides. c. Barb wire is allowed in commercial zoning for safety purposes only. Barb wire shall have a clearance from the ground minimum six (6) feet and maximum eight (8) feet, allowing no more than ten (10) feet overall fence height. d. Concrete blocks are an allowable material. e. Commercial Property using metal panels as a fence material shall be installed vertically with factory applied color and must be of all same color. f. Electrical fence may be allowed on commercial zoned property. Current shall be no more than 12 volts DC pulsating charge, with one (1) foot separation between electrical fence and existing fence on interior side of fence only. Page 94

97 Section 4. Site Development Requirements Trash Enclosures a. All dumpsters or trash enclosures must be enclosed on at least three sides. b. Must be of non-see through (solid) material. c. Shall be built to an architectural standard consistent with the main structure, or material approved by Building Official. d. Minimum height of enclosure to be seven (7) feet. e. Minimum 8-inch concrete pad. Page 95

98 Section 4. Site Development Requirements Design Standards Exterior Building Materials Residential Development a. Masonry Regulations for Residential Buildings i. All buildings within the corporate limits of the city, hereinafter placed, built or commenced to be used for residential purposes, shall have exterior walls of at least 80 percent masonry, with 20% other approved material (cementitious-fiber siding with at least 50-year warranty) of the total building of all new construction structures, including all frame work surrounding all doors and windows, exclusive of doors, windows, the area above top plate line, gables and roofs. ii. The 80 percent masonry requirement shall also apply to all additions or modifications to the principal building and to all attached garages. iii. As used herein, "masonry" shall mean brick or stone or stucco. "Stucco" shall mean exterior Portland cement, hand-applied in three coats to a minimum thickness of ¾ inches. Exposed or painted cement, concrete or cinder blocks, fiber cement siding or other materials of similar characteristics shall not be permitted or considered as masonry iv. Any home additions or modifications shall be built to an architectural standard consistent with the main structure in terms of exterior wall coverings and roofing b. Masonry Regulations for Accessory Buildings i. If the main structure is not of brick or masonry exterior construction, the accessory building of over 120sf shall be built to a minimum architectural standard consistent with the main structure in terms of exterior wall coverings and roofing. ii. All detached accessory buildings of 121 square feet up to 399 square feet herein after shall be restricted to maximum height of no more than twelve (12) feet and have exterior walls consistent with the main structure or with any approved siding material with the exception of corrugated metal. iii. All detached accessory buildings of 400 square feet or larger herein shall be restricted to maximum height of no more than 16 and have exterior walls consistent with the main structure or with any approved material with the exception of corrugated metal. Nonresidential Development a. Masonry Regulations for Nonresidential Buildings. i. Elevations facing Right-of-Way must be 100% masonry ii. Rear elevations (not facing the public Right-of-Way) may be of other approved material. b. Masonry Regulations for Accessory Buildings i. Elevations facing Right-of-Way must be 100% masonry. ii. Rear elevations (not facing the public Right-of-Way) may be of other approved material. Page 96

99 Section 4. Site Development Requirements Architectural Standards Nonresidential Development a. Nonresidential Building Orientation Any building within view of a public Right-of-Way shall either face such Right-of-Way or shall have a facade facing such Right-of-Way in keeping with the character of the Front Façade. b. Nonresidential Design Elements Requirements Following is a list of design elements that, based upon the size of a building (see 4.06.B. 1.c below), shall be incorporated into a building s design: 1 Canopies, awnings, or porticos Table 12: Menu of Nonresidential Design Elements 2 Overhangs 3 Recesses or projections 4 Arcades 5 Peaked roof forms 6 Arches 7 Outdoor patios 8 Display windows 9 Architectural details; such as, tile work or moldings, integrated into the building façade 10 Integrated planters or wing walls that incorporate landscape and sitting areas 11 Offsets, reveals or projecting ribs used to express architectural or structural bays c. A building s floor area shall determine the minimum number of required design elements (See Table 12: Menu of Nonresidential Design Elements implemented in its construction as set forth in the table below: Table 13: Required Minimum Number of Design Element Building Square Footage Minimum Number of Design Elements 0 50,000 sq. ft. 3 50, ,000 sq. ft. 5 Over 100,001 sq. ft. 7 d. Nonresidential Front Façade Entry Requirements i. A Front Façade shall be articulated and designed to present a distinctive entry presence, emphasizing the building s entry point along the façade. ii. Each building shall provide a sheltered entry. e. Nonresidential Building Articulation Façade depth and height articulation shall be required on the front façade of a building, per the following: i. Depth articulation of at least three (3) feet shall be required for every thirty (30) feet of building façade length. Depth articulation applies only below the roofline. ii. Height articulation for flat roofs of at least five (5) feet shall be required for every fifty (50) feet of building façade length. Pitched roofs do not require height articulation. Page 97

100 Section 4. Site Development Requirements f. Tripartite Building Design/Composition i. Buildings shall incorporate a tripartite building composition (base, middle and top). ii. The tripartite shall be proportioned to the other elements of the tripartite and the overall structure. Top Middle Base Top Middle Base g. Roof Design Standards i. All structures shall be constructed with a pitched roof, flat roof with a parapet, true mansard roof, or any combination thereof. ii. Figure 11: Tripartite Building Design/Composition All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible. iii. Parking structure decks shall not be considered roofs. iv. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this paragraph, visible shall be defined as capable of being seen at a height of six feet (6 ) while standing at the highest grade on the property line. Page 98

101 Section 4. Site Development Requirements h. Alternative Compliance for Design Standards A request for Alternative Compliance may be submitted and acted upon in accordance with Section 7.01 Alternative Compliance. The Planning Director may approve the following, based upon a finding that the proposed alternative is, at a minimum, equivalent to and meets the spirit and intent of this 4.06 Design Standards. i. Nonresidential Design Elements ii. (a) Alternatives to the nonresidential design elements listed in Table 12. (b) Alternatives shall, in the determination of the Planning Director, produce a similar or greater level of architectural design than the elements listed in Table 12. Nonresidential Building Articulation (a) Alternative articulation standards which differ from the requirement found in 4.06.B. 1.e may be approved. (b) Alternative articulation standards shall, in the determination of the Planning Director, produce a same or greater level of articulation than the requirement found in 4.06.B. 1.e. Residential Developments a. Single-Family Anti-Monotony Standards All new single-family residential developments shall have at least four (4) of the following seven (7) elements, single-family homes built with public funds shall be exempt from this requirement: i. Front Facades or Elevations ii. No single front facade of a home may be duplicated within six (6) lots as measured along the curb line. Front Wall Massing There shall be no uninterrupted wall length for fifteen (15) feet along any front façade of the dwelling unit. iii. Varying Front Setbacks Variations of the front setback of at least five (5) feet shall be required, building shall not be within the required front setback established within Dimensional Standards for Residential Districts. iv. Covered Front Porch (a) Percent of single-family units. No less than thirty-five (35) percent of the total number of single-family units in any platted block should contain a front covered porch that is permanently attached to and an integral part of the primary structure constructed of like and similar materials to those of the primary structure. (b) Front setback encroachment The front porch can be allowed to encroach into the minimum required front setback by eight (8) feet. (c) Minimum dimensions Each covered front porch shall be a minimum eighty (80) square feet and have a minimum depth from the primary structure of eight (8) feet. Page 99

102 Section 4. Site Development Requirements v. Architectural Relief Required Two-story single-family structures shall not have more than one side with fewer 2 outside corners. Outside corners shall be defined according to the following illustration. (a) Illustration of prohibited design. Roof Lines Walls Outside Corner A Two-Story Single-Family House (b) Illustration of allowed design. Figure 12: Architectural Relief Prohibited Design Roof Lines Walls Outside Corner Architectural relief will be required by allowing only one side of a two-story single-family house to have fewer than four (4) outside corners. vi. Architectural Focal Point One of the following architectural focal points should be incorporated into each housing unit. (a) Chimney Figure 13: Architectural Relief Allowed Design The exterior veneer of a chimney constructed as part of or an extension to the exterior wall of a residential structure must be constructed of like or similar brick or other masonry material to that of the primary structure. The exterior veneer of chimneys shall not be constructed of wood or lumber products. Page 100

103 Section 4. Site Development Requirements (b) Window Enhancements The use of transoms, bay windows, stained glass, or other similar window enhancements. vii. Minimum Roof Pitch A minimum 4:12 roof pitch shall be required for each primary structure. b. Standards for Garages for Single-Family Units The placement of garages in a neighborhood can have a substantial impact on a neighborhood s visual appearance. If alleys are not used in the design of a neighborhood, then driveways must be attached to the street. As a result, a smaller amount of space is available for on-street parking in smaller lot subdivisions. Typically, when no alley is present, a common design layout is for the garage to be placed facing the street. This design layout generally establishes the garage as the most dominant visual feature from the view of the street, and it generally does not contribute to the visual appeal of a neighborhood and does not conform to the image of quality neighborhoods established in the Comprehensive Plan. i. Applicability ii. (a) All Single-Family lots of 10,000 sq. ft. or greater in size and lots for single-family homes built with public funds shall be exempt from this section. (b) When an existing single-family residential Block has 75 percent or more lots with single-family houses that do not comply with standards included in this section, the Planning Director may authorize a waiver for a new single-family house to have a garage design that does not comply with this section but reflects the existing garage designs within the Block. Garage and driveway design option All applicable single-family units shall have one of the following driveway and garage configurations. (a) The driveway shall be designed in a letter J formation and connected to a garage with a side entrance as shown below. Figure 14: Prohibited Garage Design Page 101

104 Section 4. Site Development Requirements Figure 15: J-Driveway with the Garage behind the House Figure 16: J-Driveway with the Garage in the front of the House Page 102

105 Section 4. Site Development Requirements Figure 17: J-Driveway with the Garage in the Front and Side of the House (b) The driveway is designed straight to a garage that is set back fifteen (15) feet from the front building line; or Figure 18: Straight Driveway with the a 15 Minimum Garage Setback from the Front Building Line Page 103

106 Section 4. Site Development Requirements (c) The driveway is designed and connected to a detached garage and is located in the rear yard of the property. Figure 19: Straight Driveway with Detached Garage Page 104

107 Section 4. Site Development Requirements iii. Enclosed spaces and driveway width Each single-family unit shall have a minimum of two (2) enclosed parking spaces with a minimum driveway width of sixteen (16) feet. iv. J-Drive Turning Radius and Backing Space Each j-drive shall have one of the following combinations of turning radius and backing space. Figure 20: J-Drive Turning Radius and Backing Space Page 105

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