(a)

Purpose. This Section outlines when an expansion to an existing, developed property shall result in the required improvements of this LDC being met.

(b)

Applicability Existing, Developed Property. Submission and approval of a Site Plan in accordance with Article 1, Division 1 [Division 2] of this Chapter 4 shall be required when an expansion to an existing, developed property trigger[s] the required improvements of this LDC.

(c)

Non-Applicability New Development. Nothing in this division shall preclude a new development occurring on previously undeveloped property from having to comply with the required improvements within this division or in any other portion of this LDC.

(d)

Special Exceptions. For nonconforming existing developments to comply with improvements addressed within this division, there may also be special exceptions granted by the Board of Adjustment, as outlined in Chapter 2, Article 7 [Article 6] of this LDC.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Required Improvements. The following improvements required by this LDC shall be adhered to when a substantial improvement or expansion triggers such improvements:

(1)

Landscaping: As required within the applicable zoning district (Chapter 2) and/or in Article 2, Division 2 of this chapter.

(2)

Tree Preservation: As required within Article 2, Division 3 of this chapter.

(3)

Screening & Buffering: As required within the applicable zoning district (Chapter 2) and/or in Article 2, Division 4 of this chapter.

(4)

Outside Storage: As required within the applicable zoning district (Chapter 2) and/or in Article 2, Division 5 of this chapter.

(5)

Fencing: As required within the applicable zoning district (Chapter 2) and/or in Article 2, Division 4 of this chapter.

(6)

Urban Design: As required within the applicable zoning district (Chapter 2) and/or in Article 2, Division 6 of this chapter.

(7)

Lighting: As required within the applicable zoning district (Chapter 2) and/or in Article 2, Division 7 of this chapter.

(b)

Triggers. Expansions to an existing property that meet any of the following criteria shall trigger the requirement for a site plan and all of the improvements outlined in subsection (a) above, unless otherwise specified:

(1)

New Structure or Expansion:

a.

Construction of a new principal structure; or

b.

The expansion of a principal structure that is equal to or more than thirty percent (30%) of the floor area; or

c.

The expansion of a principal structure that is equal to or more than twenty thousand (20,000) square feet;

d.

Expansion of a principal structure greater than 30% where the total floor area of the structure, including the expansion, does not exceed more than 2,500 square feet shall be exempt from this trigger.

(2)

Parking Spaces Increase: An increase in the number of parking spaces or surface area equal to or more than thirty percent (30%) or five thousand (5,000) square feet. In this case, facade material requirements shall not be required. Parking lots of ten (10) parking spaces or less shall be exempt from this trigger.

(3)

Residential Conversion: The conversion of a residential use or structure to a nonresidential use.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 57-2013, pt. 1(Exh. A), 10-24-13; Ord. No. 14-2015, pt. 1 (Exh. A, 1), 3-12-15)

(a)

Purpose. The purpose of a Site Plan is to ensure that a development project is in compliance with all applicable City ordinances and guidelines prior to commencement of construction.

(b)

Applicability. Approval of a Site Plan is required prior to site construction. Approval of a Site Plan is required prior to site construction for any non-exempt development of land within the City limits.

(c)

Requirement. Approval of a Site Plan shall be required for the following:

(1)

All development (see exceptions below) in the following zoning districts:

a.

Residential Medium Density (MD) District

b.

Residential Townhome (TH) District

c.

Residential Multiple-Family-2 (MF) District

d.

Manufactured/Mobile Home (MH) District

e.

College & University (CU) District

f.

Neighborhood Office (NO) District

g.

Office (O) District

h.

Neighborhood Retail (NR) District

i.

General Retail (GR) District

j.

Medical Use (MU) District

k.

Central Business (CB) District

l.

Mixed Use (MX) District

m.

General Commercial (GC) District

n.

Heavy Commercial (HC) District

o.

Light Industrial (LI) District

p.

Heavy Industrial (HI) District

q.

Corridor Overlay (COR) District

r.

Pine Street Overlay District

(2)

All nonresidential development (including churches, schools, etc.) within residential areas or districts.

(3)

All development requiring a Conditional Use Permit (CUP) (refer to Chapter 2, Article 2, Division 3 [Chapter 1, Article 4, Division 3]).

(4)

All development integrating a use that specifically requires a Site Plan as prescribed in Chapter 2, Article 5 [Article 4], Division 3.

(d)

Minor Site Plan.

(1)

A site plan is minor if it meets one of the following:

a.

Accessory use which is incidental to an established commercial development and which results in:

1.

No change in use, and

2.

No increased traffic or business activity or is only used for storage and/or warehousing, and

3.

No violation of height and placement standards contained within the Land Development Code, and

4.

Proposed structure must be less than fifty (50) percent of the area of existing structures, and

5.

No more than 5,000 square feet of new impervious surface may be created.

b.

Construction of covered parking where parking already exists on hard surface. Said construction must result in no violation of height and placement standards contained in the Land Development Code.

(2)

Minor site plans will be subject to review by the DRC but will generally be exempt from any requirement to bring unassociated site elements into conformance with current standards. Specific items from which the minor site plan will be exempted shall include:

a.

Construction of curb and gutter along an existing street.

b.

Modification of existing driveways or access unless additional access is proposed.

c.

Additional parking as long as the proposed improvement does not result in a shortage of required parking.

(e)

Exceptions.

(1)

Site Plan review and approval shall not be required for single-family detached or two-family residential developments, unless the proposed subdivision will include a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, guard house, covered parking, clubhouse, etc.) or a golf course. In these instances, Site Plan submission and approval will be required for the private amenity or facility, the golf course clubhouse/hospitality area, and the gated (restricted access) entrances.

(2)

Site Plan review and approval shall not be required for the expansion or the remodel of an existing building unless triggered per Article 1, Division 1, Section 2 of this chapter. In such case, only a Building Permit for the expansion shall be required.

(f)

Extent of Area That Should Be Included in a Site Plan. When the overall development project is to be developed in phases, the Site Plan area shall include only the portion of the overall property that is to be developed/constructed. However, any excluded area must be separately developable as a stand-alone site in the future. This provision shall not be interpreted to allow portions of a property to be excluded so as to avoid development standards, other requirements, or otherwise required improvements to the site.

(g)

Submittal and Timing. A Site Plan shall be submitted prior to or in conjunction with a building permit application. No building permit shall be issued until a Site Plan, if required, and all other required engineering/construction plans are first approved by the City. No Certificate of Occupancy shall be issued until all construction and development conforms to the Site Plan and engineering/construction plans, as approved by the City.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Procedures & Submission Requirements For Site Plan Approval: Submission of an application for Site Plan approval may be preceded by a pre-application conference with the City (see Section 1.2.1.5). To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for Site Plan review applications. All applications and related contents shall be submitted consistent with these requirements, a checklist of which shall be supplied by the Planning Department.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Responsible Official & Approval Body. The Planning Director shall be the responsible official for processing of a Site Plan. The Development Review Committee (DRC) shall be the responsible body for reviewing and providing comments on a Site Plan. The Planning Director shall be the initial decision-maker of a Site Plan.

(b)

Review & Approval of a Site Plan:

(1)

Initial Filing: The applicant shall file with the Planning Director or his designee 3 copies of the Site Plan; such filing shall comply with the provisions of Chapter 1, Section 1.2.1.2 and any other applicable provisions of Chapter 1, Article 2, Division 1.

(2)

The Development Review Committee (DRC) shall meet within thirteen (13) working days after submission of a Site Plan application to review such application for compliance with these and other applicable City regulations.

(3)

The DRC may postpone review of a Site Plan until adequate information for its review is provided by the applicant. Resubmission of a Site Plan, in this instance, shall not require an additional application fee.

(4)

After completing its review of a Site Plan and determining that a recommendation for approval is the appropriate action, the DRC shall return the Site Plan and all pertinent data, together with a written list of conditions that the Site Plan shall meet as part of such recommendation (if applicable), to the Planning Director or his designee.

(5)

The applicant shall record with the Planning Director, plus five (5) paper copies of the approved Site Plan with all conditions and modifications shown or attached.

(6)

Before the Site Plan is officially approved and recorded, the Planning Director, or designee, shall review the Site Plan to ensure compliance with the conditions imposed by the DRC and with any other conditions he/she deems necessary to ensure compliance with City regulations. If the Planning Director deems the Site Plan to be approved, the Site Plan shall then be dated for recording by the Director of Planning.

(7)

The Director of Planning may approve issuance of permits following Site Plan approval when it is deemed that the required corrections to the Site Plan are minor in nature.

(c)

Review & Approval of a Site Plan for CUP. Site Plans for a Conditional Use Permit (CUP) will be processed according to the procedures prescribed for those applications in Chapter 2, Article 2, Division 3 [Chapter 1, Article 4, Division 3].

(d)

Appeal of Planning Director Decision. The applicant may appeal the decision of the Planning Director to the Planning and Zoning Commission by filing a written notice of appeal in the office of the Planning Director no later than ten (10) calendar days after the date upon which the Planning Director denied the application.

(1)

The notice of appeal shall set forth in clear and concise fashion the basis for the appeal.

(2)

The Planning and Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date upon which the notice of appeal was filed.

(3)

The Planning and Zoning Commission shall determine final approval or denial of a Site Plan application in the case of an appeal.

(e)

Revisions to the Approved Site Plan:

(1)

Minor Revisions/Amendments: It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the Director of Planning, or his/her designee, shall have the authority to approve minor modifications to an approved Site Plan. Such minor modifications shall be shown on an "amended Site Plan." If modifications are such that the Planning Director decides that the DRC needs to review the modifications, a new Site Plan as described in Subsection (d)(2) [(e)(2)] below shall be deemed necessary. For a revision/amendment to be considered minor, the changes shall not cause any of the following circumstances to occur:

(a)

A change in the character of the development;

(b)

An increase in the ratio of the gross floor areas in structures to the area of any lot;

(c)

An increase in the intensity of use;

(d)

A reduction in the originally approved separations between buildings;

(e)

An increase in the problems of circulation, safety, and utilities;

(f)

An increase in the external effects on adjacent property;

(g)

A reduction in the originally approved setbacks from property lines;

(h)

An increase in ground coverage by structures;

(i)

A reduction in the ratio of off-street parking and loading space to gross floor area in the structures.

(j)

A change in the subject, size, lighting, flashing animation or orientation of originally approved signs.

(2)

Major Revisions/Amendments: In the event of revisions that are more extensive in nature, a new Site Plan must be submitted, reviewed, and approved by the DRC.

(f)

Standards for Site Plan Review & Evaluation. The Planning Director shall review the Site Plan for compliance with all applicable City ordinances with respect to the following:

(1)

The plan's compliance with all provisions of this LDC, and other applicable ordinances.

(2)

The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

(3)

The provision of a safe and efficient vehicular and pedestrian circulation system (driveways, etc.).

(4)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(5)

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

(6)

The coordination of streets so as to arrange a convenient system consistent with the City's adopted Thoroughfare Plan, as amended.

(7)

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary.

(8)

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.

(9)

Protection and conservation of watercourses and areas that are subject to flooding.

(10)

The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

(g)

Effect of Review/Approval. Approval of a Site Plan shall be considered authorization to proceed with application for a building permit for the site.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 12-2010, pt. A (Exh. A), 6-10-10)

(a)

Validity & Lapse of Site Plan Approval:

(1)

The approved Site Plan shall be valid for a period of two (2) years in accordance with Chapter 1, Article 2, Division 5. An application for a building permit must be submitted within the two (2) year period for the Site Plan to remain valid.

(2)

Extension & Reinstatement Procedure: Prior to the lapse of approval for a Site Plan, the applicant may petition the City (in writing) to extend the Site Plan approval in accordance with Chapter 1, Article 2, Division 5. If no petition for extension of Site Plan approval is submitted and granted, then the Site Plan shall be deemed to have expired and shall become null and void. Any new request for Site Plan approval shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Duties and Responsible Parties.

(1)

It shall be incumbent upon the Building Official to make all inspections and certifications necessary to ensure that a structure is built in accordance with the approved Site Plan as recorded.

(2)

In the event that the Building Official finds that a condition or modification of the approved Site Plan or a provision of this LDC has not been met, he/she shall issue a stop work order.

a.

It shall be incumbent upon the contractor or developer to correct those items that are in violation of the Site Plan or LDC regulation before construction may resume.

b.

In the event that the structure has been completed, a Certificate of Occupancy may not be issued by the Building Official until the conditions of the Site Plan or provisions of this LDC, as applicable, have been substantially fulfilled.

c.

All action required in order to bring a structure into substantial compliance with the approved Site Plan shall be at the builder's or contractor's expense.

(3)

Following issuance of the Certificate of Occupancy, it shall be the continuing duty of the owner and occupant of the site or their successors in interest to maintain compliance with the approved Site Plan and amendments thereto. Failure to maintain compliance shall constitute a violation of this Land Development Code and expiration of Certificate of Occupancy.

(4)

Any site that is not subject to an approved site plan or is governed by a pre-existing site plan that does not conform to the current standards of this Chapter must maintain compliance with the standards within this Chapter to the extent that the site currently complies with those standards.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 14-2015, pt. 1 (Exh. A, 2), 3-12-15)

(a)

Terminology. The terms "construction permit," "demolition permit," or "building permit" refer to any authorization to construct, alter or place a structure on a lot, tract or parcel. The terms exclude an authorization to construct a capital improvement to be dedicated to the public in support of a proposed land use, the grading of land, the removal of vegetation, and other activities authorized to prepare a development site for construction of a structure.

(b)

Effect. Approval of a construction permit authorizes the property owner to place or construct the structure on the lot, tract or parcel in accordance with the terms of the permit. Approval of a construction permit confirms that the application conforms to all requirements of this Land Development Code pertaining to the construction of the proposed structure.

(c)

Rules of Priority Among Construction Permits. The following rules of priority apply among construction permits:

(1)

A Floodway Development Permit, where applicable, shall be approved prior to a building permit.

(2)

A Building Permit shall be approved prior to a Certificate of Occupancy.

(d)

Prior Approvals. An application for a construction permit is the last step in the development process. All zoning approvals, subdivision plats and site preparation permits needed for development shall be approved before an application for a construction permit may be approved.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Purpose, Applicability, Exceptions and Effect.

(1)

Purpose: The purpose of a Site Preparation Permit shall be to assure that preparatory construction activities on the development site will meet City standards prior to soil disturbance, construction or placement of any increase in impervious cover (such as a concrete or asphalt for a parking area) or of a structure on the tract, parcel or lot.

(2)

Applicability: Approval of a Site Preparation Permit is required prior to any non-exempt development of land within the City limits or within the City's extraterritorial jurisdiction.

(3)

Exemptions: The requirements of a Site Preparation Permit do not apply in whole or in part to the following activities or land uses:

a.

Clearing that is necessary only for surveying purposes and that does not alter the natural grade of the parcel.

b.

Construction or placement of a single-family dwelling, duplex dwelling or industrialized home on a legally platted lot, except for the following:

1.

Landscaping, open space and tree preservation standards;

2.

Public facilities standards related to subsurface sewage disposal; or

3.

Floodplain improvement standards.

c.

Infrastructure or lot improvements authorized under approved construction plans for a finally platted subdivision or development plat, provided that no soil disturbance or construction activities occur prior to approval of such plans.

d.

Agricultural uses.

(4)

Effect: Approval of a Site Preparation Permit authorizes site preparatory activities other than any increase in impervious cover or placement of a structure on the land, subject to the terms of the permit and for the duration of the permit. Approval of a Site Preparation Permit also authorizes the property owner to apply for a building permit.

(b)

Application Requirements.

(1)

Responsible Official: The Building Official shall be the responsible official for a Site Preparation Permit.

(2)

Submittal: All applications shall be submitted on a form supplied by the Building Inspections Department with the required information as stated on the application form. A Site Preparation Permit application may consist of a series of schematic drawings designed to satisfy one or more criteria (see Subsection (d) below) governing the decision on the permit.

(3)

Prior Approvals:

a.

Inside City limits, the property subject to the Site Preparation Permit shall be appropriately zoned for the intended use prior to approval of the Site Preparation Permit.

b.

A Final Plat shall be approved for the land prior to approval of the Site Preparation Permit.

(4)

Accompanying Applications: A Site Preparation Permit may be accompanied by an application for a building permit for the same land, provided that the Site Preparation Permit shall be decided first.

(c)

Processing of Application & Decision.

(1)

Decision: The Building Official shall initially approve, approve with conditions, or deny an application for a Site Preparation Permit, subject to appeal as provided in Chapter 1, Article 3, Division 1 of this LDC.

(2)

Notification: The Building Official shall notify the applicant of his/her decision in accordance with Chapter 1, Section 1.2.2.4 [1.2.2.5] of this LDC.

(3)

Time for Decision: The application for a Site Preparation Permit shall be decided within thirty (30) working days of the official filing date.

(4)

Revised Permit Application: If the conditions of approval require revision to the Site Preparation Permit application, a properly revised application shall be submitted to the Building Official within ten (10) working days of receipt of the notice of decision. The Building Official shall have an additional twenty (20) working days to approve or deny the revised Site Preparation Permit application.

(d)

Criteria for Approval. The following criteria shall be used to determine whether the application for a Site Preparation Permit shall be approved, approved with conditions, or denied:

(1)

The Site Preparation Permit is consistent with the approved construction plans.

(2)

The Site Preparation Permit is consistent with any approved petitions or applications for the same property;

(3)

Where not exempted or satisfied through approval of prior development applications, the following standards in the LDC and the City Code of Ordinances have been satisfied:

a.

Any embankment and excavation standards in the City's adopted regulations have been met;

b.

Any erosion and sedimentation standards in the City's adopted regulations have been met; and

c.

Drainage and stormwater standards.

(e)

Appeals & Relief Procedures.

(1)

Appeal: The applicant for a Site Preparation Permit or any interested person may appeal the decision of the Building Official to the City Manager in accordance with Chapter 1, Article 3, Division 1 of this LDC. The City Manager may sustain, modify or reverse the Building Official decision.

(2)

Waiver Petition: A petition seeking to vary standards applicable to the Site Preparation Permit shall be filed, processed and decided by the Building Official in accordance with Chapter 1, Article 2, Division 1, Section 1.2.1.3 of this LDC prior to the decision on the Site Preparation Permit.

(3)

Vested Rights Petition: Where an applicant claims exemption from one or more requirements applicable to a Site Preparation Permit under this Land Development Code on grounds of vested rights, the applicant may submit a vested rights petition to the Building Official prepared, and appealed if applicable, in accordance with Chapter 1, Article 3, Division 3 of this LDC.

(f)

Expiration & Extension.

(1)

Time of Expiration: A Site Preparation Permit expires if development authorized by the permit has not commenced on the property subject to the permit within one (1) year after final approval of the permit. The Site Preparation Permit may be revoked if a building permit or other permit authorizing construction of a structure on the property has not been issued within one (1) year after the date of approval of the permit, or, if no permit is required, construction of a structure has not commenced on the development site within such period.

(2)

Extension: A Site Preparation Permit may be extended for a period not to exceed an additional one (1) year period by the responsible official, within which development authorized by the permit on the property subject to the permit must be commenced. The date for issuance of a construction permit or commencement of construction of a structure may be extended by the responsible official for a period not to exceed one (1) year.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 12-2010, pt. A (Exh. A), 6-10-10)

(a)

Applicability. An application for a building permit or demolition permit is required within the City limits, or where provided for in a development agreement, in the City's extraterritorial jurisdiction, prior to placement, construction or alteration of a building or structure.

(b)

Effect. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a Certificate of Occupancy.

(c)

Application Requirements.

(1)

Responsible Official: The Building Official shall be the responsible official for a building permit.

(2)

Contents: All applications shall be submitted on a form supplied by the Building Official's office with the required information as stated on the application form.

(d)

Decision. The Building Official shall approve, conditionally approve or deny the application for a building permit.

(e)

Appeals. The applicant may appeal the Building Official's decision on the building permit.

(f)

Reference. Refer to the City's adopted Building Code for further information.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Applicability. An application for a Certificate of Occupancy is required within the City limits, or where authorized by a development agreement, in the City's extraterritorial jurisdiction, after the construction, alteration or placement of a structure on a lot, tract or parcel and prior to habitation or any nonresidential use of the structure, or any occupation of a multifamily structure. A Certificate of Occupancy also is required prior to a change in the use of any structure if the use is a different use based upon the land uses listed in Article 5 [Article 4], Division 2 of Chapter 2 (Land Use Matrix).

(b)

Effect. Approval of a Certificate of Occupancy authorizes habitation or other occupancy of the structure in accordance with the terms of the certificate.

(c)

Application Requirements.

(1)

Responsible Official: The Building Official shall be the responsible official for a Certificate of Occupancy.

(2)

Contents: All applications shall be submitted on a form supplied by the Building Official's office with the required information as stated on the application form.

(d)

Decision. The Building Official shall approve or deny the application for a Certificate of Occupancy.

(e)

Reference. Refer to the City's adopted Building Code for further information.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Reference. Refer to Chapter 3, Article 2, Division 11, and specifically to Section 3.2.11.5.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(Reserved)

(a)

Applicability. Parking, stacking and loading requirements shall apply to all development within the City limits, or where provided for in a development agreement, in the City's extraterritorial jurisdiction, prior to placement, construction or alteration of a building or structure.

(b)

Review and Approval.

(1)

Review by Director of Traffic and Transportation: Off-street parking, stacking, and loading provisions, including ingress and egress to such areas, for more than five (5) vehicles shall be reviewed by the Director of Traffic and Transportation for compliance with traffic regulations prior to approval of a Site Plan by the Planning Director.

(2)

Site Plan: Compliance with the requirements of this division shall be shown as part of the Site Plan, which shall be reviewed and approved in accordance with Section 4.1.1.3 [4.1.2.3] of this Chapter 4.

(c)

Parking Lot Permit.

(1)

When Required: A parking lot permit shall be required for the addition of 5,000 square feet or more of parking lot area, or the addition of 20 spaces or more, when a site plan would not otherwise be required.

(2)

Site Exhibit: Compliance with the requirements of this Article shall be shown as part of a Site Exhibit, which shall be reviewed and approved by the Planning Director, or designee. Compliance shall only be required for the new parking area. Existing parking areas may remain in their existing design.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 14-2015, pt. 1 (Exh. A, 3), 3-12-15)

(a)

Provision and Timing.

(1)

In all zoning districts, off-street parking spaces shall be provided in accordance with the requirements of this division and of the Land Use Matrix, Chapter 2, Article 5 [Article 4], Division 2, at the time any building or structure is erected or structurally altered, or whenever there is a change to a new use with respect to the standards of this division.

(2)

No Certificate of Occupancy shall be issued, no use shall be established or changed, and no structure shall be erected, enlarged, or reconstructed unless the off-street parking and loading spaces are provided in the minimum amount and maintained in the manner specified in these regulations, provided, however:

a.

For the enlargement of a structure or for the expansion for a use of a structure or land there shall be required only the number of off-street loading spaces as would be required if such enlargement or expansion were a separate new structure or use; and

b.

For a change in the use of a structure or land, the number of off-street parking and loading spaces required shall be equal to the number required for the new use;

c.

Site design of parking, loading, and maneuvering areas shall be designed to minimize negative impacts to traffic flow on adjacent streets.

(b)

Limit on Activities and Certain Vehicles.

(1)

In all zoning districts, parking and loading areas shall not be used for refuse containers, for the sale, repair, storage, dismantling, or servicing of vehicles or equipment, for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas.

(2)

The following vehicles are prohibited from being parked or stored on any lot in a residential district, including commercial vehicles of over one and one-half (1-½) ton manufactured capacity, truck tractor, road tractors and special mobile equipment as defined by the Texas Motor Vehicle Laws Uniform Act.

(3)

This provision shall not apply to and shall not prohibit the parking or storing of church and school buses and recreational equipment in residential areas.

(c)

Development Within the CB District. Development within the Central Business (CB) district is unique in terms of parking and therefore shall be required to comply with the following.

(1)

In the case of re-use of an existing building, parking shall not be required.

(2)

In the case of new building construction, a combination of on-street, off-street and shared parking may be utilized to meet the parking requirements for the particular use. The Planning Director as part of Site Plan approval may approve a reduction in the required parking of up to fifty percent (50%) in the case of shared parking.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Minimum Requirements for Off-Street Parking. Requirements are as follows:

(1)

Parking on grass or other non-paved area in any zoning district is prohibited except in the AO or Rural Residential districts for parking related to a private single-family detached residence. All required parking shall be on a paved surface.

(2)

In any multiple-family, duplex, or townhome dwelling unit or condominium development for which leasing offices are provided on the site:

a.

Visitor parking shall be provided according to the "Office, Professional and General Business" parking requirements within the Land Use Matrix, based on the square footage of the leasing office.

b.

Where clubhouses are provided on the site, off-street parking shall be provided according to the "Retail Business, General" parking requirements within the Land Use Matrix, based on the square footage of the clubhouse facility.

(3)

For residence halls, fraternity buildings, and sorority buildings, additional parking spaces may be required by the DRC for fraternity and sorority buildings as a condition of the Site Plan approval where the building does not provide permanent sleeping facilities for all members of the organization.

(4)

The requirements for schools within the Land Use Matrix shall not apply to private schools which do not permit students to bring motor vehicles to the institution; however, the educational institution shall be required to provide adequate off-street parking for faculty, administrative personnel, and athletic events including visiting of parents or other personnel. Such requirements will be calculated based on the applicable parking requirements for the individual uses.

(5)

For any restaurant, eating and/or drinking establishment where permanent outdoor seating areas including decks, patios, or other unenclosed spaces are provided, those areas shall be included in the calculation of gross floor area and total number of seats. Establishments having only outdoor dining consisting of fewer than sixteen (16) seats shall provide a minimum of four (4) parking spaces.

(6)

In addition to required parking spaces, a center-based child day-care center or pre-elementary school shall provide a driveway with separate points of ingress and egress to the premises and having a length sufficient for temporary parking of at least three (3) vehicles whereby the temporary parking spaces do not block access to the other required off-street parking spaces.

(7)

Parking requirements for recreation and amusement facilities that have any combination of the outdoor uses listed in the Land Use Matrix on the same premises shall be calculated based on the sum of the minimum requirements for the individual uses proportionate to the indoor and outdoor areas allocated for each use.

(8)

For a multi-purpose building, such as within a mixed use development, the total required parking spaces shall generally be the sum of spaces necessary for individual uses included.

(9)

Where open land is used for manufacturing, storage, or other operations in a manner similar to indoor operations, such open land shall be added to floor space in determining the number of parking spaces required.

(b)

New or Unclassified Uses. When a proposed land use is not classified in the Land Use Matrix, the parking requirements will be based on the minimum standard which applies to a specified use which is most closely related to the proposed land use, as determined by the Planning Director.

(c)

Parking Location.

(1)

Except as otherwise provided within this Section:

a.

All required off-street parking shall be located on the same lot or tract as the principal use being served by the parking area.

b.

All required off-street parking shall be within the same zoning classification required of the use which the parking area supports (i.e., a parking lot serving a particular commercial activity must be located in a zoning district where that activity being served is also allowed).

c.

Site design of parking, loading, and maneuvering areas shall be designed to minimize negative impacts to traffic flow on adjacent streets.

(2)

For any use, building or structure, where the required off-street parking cannot be provided on the premises because of the size or location of lot, as evidenced by and approved in relation to the Site Plan, such parking may be provided on other property not more than four hundred feet (400') from the building site. In such cases where parking is permitted to be located on a separate lot, such parking shall be conveniently usable without unreasonable:

a.

Hazard to pedestrians;

b.

Hazard to vehicular traffic;

c.

Traffic congestion; or

d.

Detriment to the appropriate use of other properties in the vicinity.

(d)

Off-site Parking. To allow off-site parking where all or part of the minimum number of parking spaces required in Chapter 4, Article 2, Division 1 of this LDC are located within three hundred feet (300') on a lot or tract of land that is legally separate from the property containing the principal use served by the parking area, provided that:

a.

Both lots or tracts are under the same ownership; or

b.

It can be established that two or more uses, applying jointly and concurrently for the special exception, will be sharing a parking area that may be on property that is not under the same ownership as one or more of the uses to be served by the parking, where the shared parking area has a capacity of at least the minimum number of spaces for the use having the greatest minimum requirement, where all uses have their primary need for parking during offsetting periods so that the parking area will be utilized by only one principal use at a time, and where the arrangement is documented through a long-term lease or other written agreement.

c.

Adequate accessible pedestrian connections are provided connecting the parking area and the principal use.

(e)

Collective Parking Facilities.

(1)

No requirement set forth in this division shall be construed to prevent collective utilization of any off-street parking facility for two (2) or more buildings or uses, providing, however, that the total number of off-street parking spaces shall not be less than the sum of the requirements for the particular individual uses computed separately in accordance with the applicable regulations for off-street parking spaces.

(2)

A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned, including the owner/agent of the principal use utilizing the parking and the owner/agent of the lot on which the parking is to be provided. Such written agreement shall assure the continued availability of and access to (i.e., via an easement, etc.) the off-street parking area for the principal use it is intended to serve.

(f)

Alternative Parking Plan.

(1)

The Director of Traffic and Transportation, or designee, may approve an Alternative Parking Plan which shows a reduced need for parking based on the unique characteristics of a particular use or location, shared parking such as projected transit use, high percentage non-motorized customer traffic, or as part of pedestrian-oriented mixed-use development.

(2)

Denial of an Alternative Parking Plan may be appealed to the Board of Adjustment under the procedures for an Appeal of a Responsible Official's Decision.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 19-2010, pt. 1(Exh. A), 8-12-10)

(a)

Public Street Parking. A public street shall not be classified as off-street parking in computing the parking requirements for any use. On-street parking may be permitted to be calculated as part of the required off-street parking requirement if approved by the Planning Director as part of Site Plan approval for uses within the CB District.

(b)

Truck or Bus Parking Areas. Parking spaces used for the parking of trucks or buses shall not be counted toward meeting the requirements of this section.

(c)

Fractional Spaces Resulting from Parking Calculations. When the computation for the number of parking spaces required under this LDC results in the requirements of a fractional space, the fractional space requirement shall be satisfied by adding one (1) additional space to the whole space total.

(d)

Maneuvering Area. All off-street parking spaces shall be accompanied by adequate automobile maneuvering area permitting full and direct ingress and egress to such parking spaces. For each off-street parking space together with three (3) or more parking spaces, the maneuvering area thereto shall be located entirely upon private property, except that the unobstructed width of an abutting alley may be considered for maneuvering area except in industrial areas.

(e)

Nonresidential Driveway Access. For all off-street parking spaces, there shall be adequate provisions for driveway connection with the street system or a paved alley that is at least fifteen feet (15') in width. All connections from a parking area to the street system shall be by a paved driveway or alley reviewed by the Director of Traffic and Transportation as part of the DRC Site Plan review process. All entrances or exits to a parking area shall be designed and constructed in accordance with Chapter 3, Article 2, Division 9 (Driveways).

(f)

Shelter Building. An off-street parking area shall not have more than one (1) attendant shelter building for every fifty (50) parking spaces. The shelter shall conform to all setback requirements for structures and, in residential districts shall not contain more than fifty (50) square feet of gross floor area.

(g)

Barriers. All off-street parking and maneuvering areas shall be separated from the pedestrian ways by a barrier, curb, or tire stop reviewed by the Director of Traffic and Transportation as part of the DRC Site Plan review process. The barrier shall be constructed or arranged to end twenty-four inches (24") from the pedestrian ways.

(h)

Paving of Parking Areas for Permanent, Principal Uses. All required or provided parking areas for permanent, principal uses shall be paved according to City standards and specifications for all-weather surfaces as provided in this LDC and/or in other applicable City codes.

(1)

For single-family and two-family dwellings existing as of the effective date of this LDC, the all-weather surface may be composed of gravel, per City design standards. (However, the driveway extending from the street to the private property boundary shall be paved the same as all other parking areas.)

(2)

For all other parking ingress, egress, and loading areas, the all-weather surface shall be composed of asphaltic or Portland cement bind pavement or other pavement material approved by the City Engineer, so as to provide a durable and dustless surface. The off-street parking area shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide the orderly and safe loading or unloading, parking and storage of vehicles.

(3)

Parking lines in parking lots must be clearly marked by paint, buttons, or other approved material, except that areas used solely for display of vehicles for sale or rental are not required to have marked parking lanes. Vehicle storage areas which are fenced or screened, and are not open to the public, are exempt from these requirements.

(i)

Pedestrian Lanes. When a parking area is designed to accommodate more than one hundred (100) vehicles, and where a majority of the parking spaces are not located next to a building walkway at the perimeter of the building, there shall be provided separate, marked pedestrian walkways to enable pedestrians to safely transit the parking area with minimum hazard. Such walkways shall have a clear width of not less than four feet (4'), exclusive of any vehicle overhang where head-in parking adjoins the walkways.

(j)

Dead-Ends and Turnaround Space. No parking area serving a use other than single-family or duplex dwellings shall be designed or constructed which ends in a dead-end, unless turnaround space of at least nine feet (9') in depth is provided.

(k)

Off-Street Parking Facilities Not Required Herein. When off-street parking facilities are provided in excess of minimum amounts specified in this division, or when off-street parking facilities are provided, but not required by this chapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space specified in this division.

(l)

Lighting. Any lighting used to illuminate any off-street parking area shall be designed and constructed so as to be reflected downward and away from any adjoining property or street.

(m)

Nonconforming Uses and Structures. Any use of property existing at the time of adoption of these regulations and standards that does not conform to the regulations and standards prescribed in this division shall be deemed a nonconforming use and subject to the terms and conditions of Chapter 2, Article 7 [Article 6] of this Code. When any nonconforming structure is structurally altered, as stated in Section 4.1.1.1, adequate parking spaces which meet the requirements of the regulations and standards adopted in this section shall be required for the entire structure and use.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 12-2010, pt. A (Exh. A), 6-10-10)

(a)

Dimensional Standards. All required or provided off-street parking areas shall be designed in accordance with the following dimensional standards:

(1)

Standard Parking Spaces: Standard parking spaces shall be provided in accordance with Table 4-1.

TABLE 4-1: REQUIRED PARKING DIMENSIONS

(b)

Accessible Parking Spaces for Persons with Disabilities.

(1)

Off-street parking spaces shall be reserved for the physically disabled in an amount not less than that required by the Americans with Disabilities Act and the Texas Accessibility Standards accessibility guidelines.

(2)

Each parking space reserved for the physically disabled shall conform to the identification requirements of the state department of licensing and regulation promulgated under state law, and the design specifications enumerated in the Americans with Disabilities Act and the Texas Accessibility Standards accessibility guidelines.

(3)

Current copies of both the state and federal regulations are available in the Traffic and Transportation Division.

(4)

State law offenses for improper use of parking spaces reserved for the disabled upon private property shall apply within the City. Any peace officer and the designated City official enforcing parking regulations may issue citations for improper use.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Minimum Requirements for Off-Street Stacking. A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. Off-street stacking requirements for drive-through facilities shall be as follows.

(1)

Financial Institutions with Drive-Through Facilities: For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces.

(2)

Retail Operations Generally: For retail operations, other than restaurants and kiosks that provide drive-up service, including pharmacy and dry cleaners, a minimum of three (3) stacking spaces for each service window shall be provided.

(3)

Full-Service Car Wash: For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of four (4) stacking spaces. For the finish and drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes and streets.

(4)

Self-Service Car Wash:

a.

For each automated self-service car wash bay, a minimum of three (3) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

b.

For each wand-type self-service car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area and shade structure is provided, outside of circulation aisles, for these activities.

(5)

Automobile Quick-Lube Type Facilities: For automobile quick-lube type facilities, a minimum of three (3) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

(6)

Restaurants with Drive-Through Service: For restaurants with drive-through service, a minimum of five (5) stacking spaces shall be provided for the first (or only) window, and if applicable, a minimum of two (2) stacking spaces for each subsequent window.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Off-Street Loading Requirements. In all districts, for every nonresidential building or part thereof hereafter erected with a minimum gross floor area of ten thousand (10,000) square feet, there shall be provided and maintained, on the same lot with such building, at least one (1) off-street loading space plus additional off-street loading spaces as follows in Table 4-2.

TABLE 4-2: REQUIRED LOADING BERTHS

(b)

Dimensions. Each loading space shall not be less than twelve feet (12') in width, thirty feet (30') in length, and fourteen feet (14') in height. There shall be sufficient space to ensure that all maneuvering required to utilize the loading space will not include street right-of-way.

(c)

Location in Relation to Residential Districts. No loading space shall be located nearer than fifty feet (50') to any lot in any residential district, unless wholly within a completely enclosed building or unless effectively screened on each side which faces said districts by a wall of [or] opaque fence or [of] not less than seven feet (7') in height.

(d)

Alternative Design. Where the specific use proposed for the property does not require a full loading space, as approved by the Planning Director upon recommendation of the Development Review Committee, this requirement may be waived or an alternative design for accommodating such loading space may be approved, recognizing that future use of the subject site may be limited by such action.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Purpose. The purpose of this section is to establish minimum requirements for landscaping, screening, buffering, and outdoor storage and display to achieve the following objectives:

(1)

Improve the quality of life for those living, working, and visiting the City by enhancing the appearance of properties as viewed by the public.

(2)

Enhance and maintain property values by ensuring a minimum level of quality of new development and redevelopment.

(3)

Increase pervious ground cover as a means of controlling stormwater runoff and water quality.

(4)

Limit water use, while allowing attractive landscaping, through the use of xeriscaping and proper irrigation.

(5)

Assist in maintaining adequate air quality in the region and reduce the localized heating caused by large areas of buildings and pavements.

(6)

Provide easy to understand, enforceable standards to ensure compliance with these requirements.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 12-2010, pt. A (Exh. A), 6-10-10)

(a)

The provisions of this section shall apply to any development or redevelopment within the corporate limits of the City of Abilene resulting in an increase of 20,000 square feet, or 50% or more, of the gross floor area of buildings on a site, whichever is less, including the construction of any buildings on a vacant or cleared site.

(b)

No new or amended site plan may be approved for any property unless the applicable provisions of this section are met, per an approved General Landscaping Plan.

(c)

No Certificate of Occupancy shall be issued for any property unless the applicable requirements of this section are met, per an approved Final Landscaping Plan.

(d)

The provisions of this section shall not apply to single-family or two-family residential development, except for Section 4.2.2.3 below.

(e)

The applicant may define a "development lot," smaller than the entire parcel, for which these requirements will apply. The development lot may exclude any areas on which no development activity will occur as part of the site plan, as determined by the Planning Director.

(f)

These standards may be varied through an adopted neighborhood plan, corridor plan, or other small area plan.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Grass or other vegetative cover is generally required for all required landscape areas. A maximum of 15% of the required landscape area may include non-vegetative pervious cover, such as landscaping rocks, pervious pavers, or similar, excluding sidewalks or paths.

(b)

Sidewalks or paths within a landscape area shall be included in the landscape area calculation and shall not count against the impervious cover limit.

(c)

The parkway must remain landscaped except for authorized improvements, such as driveways, sidewalks, or other public infrastructure, including for single-family and two-family residential development.

(d)

A minimum 10-foot-wide landscape area shall be provided along all property lines adjacent to a street, except within the Central Business district or other areas where the building setback is less than 10 feet, in which case the building setback area shall be landscaped.

(e)

Required trees and shrubs:

(1)

One tree plus three shrubs are required per 500 square feet of required landscape area, rounded up to the nearest whole tree or shrub.

(2)

Street trees are required at a rate of 1 per 40 feet of street frontage along Enhancement Corridors, as designated in the City's Comprehensive Plan, and 1 per 60 feet of street frontage along other arterials and collectors. Placement of trees may be varied, but may not result in fewer than the required number of trees for a property.

(f)

Any landscape area within the public right-of-way shall not count toward any landscape area requirements. However, plantings, such as street trees and shrubs, within the parkway shall count toward the general landscaping requirement for a site.

(g)

Landscaping or screening shall not interfere with vision clearance at street or driveway intersections.

(h)

Landscape Irrigation:

(1)

To ensure long-term viability, required landscape areas shall be irrigated by one, or a combination of, the following methods:

a.

An automatic underground system;

b.

A drip irrigation system;

c.

An accessible water source located within 100 feet of each landscaping area.

(2)

No irrigation shall be required for undisturbed natural areas or undisturbed existing trees or shrubs.

(3)

Irrigation systems shall be designed and installed per applicable state law and City ordinance.

(i)

Installation and Maintenance:

(1)

All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards.

(2)

All landscaping shall be maintained and kept in a healthy and growing condition.

(3)

Trees must be 2" caliper at planting, measured 12 inches above ground level. Shrubs must be minimum of one-gallon container size at planting.

(j)

Xeriscaping principles (low water, drought-tolerant) must be used for required landscaping.

(k)

Trees and shrubs used to meet the requirements of this section must be listed as recommended on the "Recommended Trees and Shrubs" list maintained by the Planning Director.

(l)

Parking is not allowed within required landscape areas.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 12-2010, pt. A (Exh. A), 6-10-10)

(a)

Landscaping plans shall be provided as indicated below.

(1)

A General Landscaping Plan shall be provided as part of the site plan review process, which shall include the following:

a.

Delineation of all required landscape areas with dimensions.

b.

Location, size, and species of trees to be preserved for landscaping credit.

c.

Calculation of the landscape area as a percentage of the total site, where applicable.

d.

Calculation of the landscape area between the building and the right-of-way as a percentage of the total area between the building and the right-of-way, where applicable.

e.

Statement on the plan noting that any required irrigation system will be provided.

f.

Statement on the plan noting the number of required trees and shrubs to be provided.

(2)

A Final Landscaping Plan shall be provided and approved prior to the issuance of a Certificate of Occupancy, which shall include the following:

a.

Delineation of all required landscape areas with dimensions.

b.

Location, size, and species of trees preserved for landscaping credit.

c.

Irrigation plan for any required irrigation system.

d.

Calculation of the landscape area as a percentage of the total site, where applicable.

e.

Calculation of the landscape area between the building and the right-of-way as a percentage of the total area between the building and the right-of-way, where applicable.

f.

Calculation of the landscape area within the parking lots as a percentage of the total parking lot area, where applicable.

g.

Location, planting height, container size, and species of shrubs to be provided.

h.

Location, planting height, mature height, planting caliper size, and species of trees to be provided.

i.

Summary table showing amount of landscaping required and the amount provided.

j.

Other details as necessary to ensure conformance with all required standards.

(3)

All required landscaping must be installed prior to the issuance of a Certificate of Occupancy. When seasonal conditions warrant, the building official may issue a temporary certificate of occupancy for up to six months pending completion of landscaping.

(4)

No landscaping plan shall be required for single-family or two-family residential development.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

A minimum percentage of the area of a site located between the building facade and the adjacent street right-of-way must be landscape area, which varies by zoning district based on the following:

(1)

15% of the site for residential multifamily (MD and MF) and neighborhood (NO, NR, and MX) districts.

(2)

5% of the site for commercial or office (O, CU, MU, GR, GC, and HC) districts.

(3)

0% of the site for the central business (CB) district and industrial (LI and HI) districts.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

An Alternative Landscaping Plan may be submitted allowing deviation from the standards of this section based on existing site characteristics such as existing buildings, parking areas, and other site features that make it difficult to comply with these requirements. The Alternative Landscaping Plan must meet the requirements of this section to the extent possible and must use appropriate alternatives to ensure that the objectives of this section are met. The Alternative Landscaping Plan must be approved by the Planning Director. An unfavorable decision by the Planning Director may be appealed to the Board of Adjustment for final determination.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Landscape Area is an area on a site specifically designated for landscaping.

(b)

Landscaping is any combination of living plants (such as grass, groundcover, shrubs, vines, hedges, or trees).

(c)

Non-opaque means a chain-link fence or other fence in which vertical or horizontal members are a minimum of four inches apart.

(d)

Pedestrian way is a sidewalk or pathway physically separated from traffic, parking areas, and driving aisles.

(e)

Street trees are trees that are planted within the parkway or on private property within 10 feet of the property line adjacent to a street. Street trees are commonly placed in the parkway between the curb and the sidewalk.

(f)

Street Yard is an area on a site adjacent to a street that is subject to a building setback.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

The purpose of this section is to establish regulations to provide incentives for the preservation and/or replacement of existing trees within the City of Abilene and to provide requirements for the protection of trees during construction, development, or redevelopment.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

This paragraph applies only to nonresidential and multifamily development. For every premium tree preserved, the developer shall be given credit for two trees as required by this ordinance, for trees in applicable locations. Only trees in good condition, having been protected in accordance with the tree protection requirements, shall be considered for credit. A maximum credit of one hundred percent (100%) of the required trees shall be allowed per site. Determination of credits shall be made by the Planning Director upon completion of site improvements.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

In order to qualify for tree preservation credit, developers shall adhere to the following tree protection measures on all construction sites.

(1)

Prior to grading, brush removal, or construction, the developer shall clearly tag or mark all trees to be preserved.

(2)

The developer shall erect a plastic mesh fence, or other approved fencing material, a minimum of four feet in height around each tree or group of trees to prevent the placement of debris or fill within the drip line.

(3)

During the construction phase of development, the developer shall prohibit cleaning, parking, or storage of equipment or materials under the canopy of any tree or group of trees being preserved. The developer shall not allow the disposal of any waste material such as, but not limited to, paint, oil solvents, asphalt, concrete, mortar, etc. in the canopy area.

(4)

No attachments or wires of any kind, other than those of a protective nature shall be attached to any tree.

(5)

No fill or excavation may occur within the drip line of a tree to be preserved unless there is a specific approved plan for use of tree wells or retaining walls. Major changes of grade (six inches or greater) will require additional measures to maintain proper oxygen and water exchange with the roots. In addition, the developer should adhere to the following guidelines to protect the trees to be preserved:

a.

With grade changes, a reinforced retaining wall or tree well of a design approved by the city should be constructed around the tree no closer than half the distance between the trunk and the drip line. The retaining wall should be constructed so as to maintain the existing grades around a tree or group of trees.

b.

At no time should a wall, pavement, or porous pavement be placed closer than five feet or one foot for every two inches in caliper, whichever is greater, to the trunk of the tree.

c.

Root pruning may be necessary when the critical root zone is to be disturbed.

d.

If a patio, sidewalk, drive, parking lot, or other paved surface must be placed within the drip line of an existing tree, material such as a porous pavement or other approved construction method that will allow the passage of water and oxygen may be required.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

For the purpose of this section, the following terms are defined:

(1)

Drip Line means a vertical line run through the outermost portion of the crown of a tree and extending to the ground.

(2)

Premium Tree means any of the trees noted as such on the "Recommended Trees and Shrubs" list maintained by the Planning Director with a trunk diameter of at least 6 caliper inches.

(3)

Caliper of a tree means the diameter of the tree as measured at four feet above ground level.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Opaque Fences, Walls and Hedges in Residential Zoning Districts. Opaque fences, walls and hedges are permitted in the required front yard of any lot in all residential zoning districts, except MF zoning, only if the height of such fence, wall or hedge does not exceed the height represented by a line connecting a height of seven feet (7') at the building line with a height of two and one-half feet (2-½') at the front property line. No such fence, wall or hedge may exceed two and one-half feet along the front property line.

(b)

Non-Opaque Fences, Walls and Hedges in Residential Zoning Districts. Non-opaque fences in all residential zoning districts, except MF zoning, shall not exceed a line connecting a height not to exceed seven feet (7') at the building line with a height of four feet (4') at a setback of seven feet (7') from the front property line. The four-foot (4'), non-opaque fence may extend to the front property line. Non-opaque shall be defined as a chain-link fence or other fence in which vertical or horizontal members are a minimum of four inches apart.

(c)

Fences, Walls and Hedges in Rear, Interior and Exterior Yards in Residential Zoning Districts. Fences, walls and hedges are permitted in all residential zoning districts, except MF zoning, in rear yards, interior yards, and exterior yards, and shall not exceed seven feet (7') in height between the property line and the building setback line. Reverse (or double) frontage lots and lots having a street on more than two (2) sides shall meet the same requirements on each yard adjoining a street as those lots facing said street. This shall not apply to lots backing up to an arterial street or freeway.

(d)

Fences, Walls and Hedges in Multifamily and Nonresidential Zoning Districts. Fences, walls and hedges in nonresidential zoning and MF zoning districts shall have a maximum height of ten feet (10').

(e)

Location. All fences, walls or hedges must be located on private property and shall be located at least ten feet (10') from the curb or edge of pavement, whichever is closer, of all streets.

(f)

Gates for Vehicular Access. Gates for vehicular access adjacent to a street, not including alleys, must be set back from the curb or edge of pavement by a minimum distance as specified in the Driveways and Access Management Division in Chapter 3.

(g)

Fencing Materials Prohibited. Razor wire, barbed wire, and similar fencing materials are:

(1)

Prohibited within residential zoning, except for agricultural or related uses.

(2)

Prohibited within nonresidential zoning within the front yard setback and in side or rear setbacks where adjacent to residential zoning, except for agricultural related uses or in Heavy Commercial or industrial zoning districts.

(h)

Additional Regulations.

(1)

Where a fence is adjacent to or visible from the public right-of-way, except an alley, the "finished" side of the fence should face the right-of-way.

(2)

Where screening walls or fences exist or are required, openings to ensure adequate pedestrian connectivity shall be provided where appropriate.

(3)

Fences, walls, and hedges must be maintained in a safe and attractive manner.

(4)

New or replacement fences must be constructed of standard fencing materials and may not be constructed of scrap metal, plywood, or other non-standard fencing materials.

(5)

Existing nonconforming fences, walls, and hedges may continue in good condition.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 12-2010, pt. A (Exh. A), 6-10-10; Ord. No. 55-2012, pt. 1(Exh. A), 11-1-12; Ord. No. 14-2015, pt. 1 (Exh. A, 4), 3-12-15)

(a)

Buffer yards consisting of a minimum width landscaping area, landscape plantings, and/or walls or fencing are required between land uses of different intensities for the purpose of mitigating negative impacts such as noise, trash, light, and visual appearance.

(1)

Type A Buffer is required between Residential Multifamily (MD and MF), Office (NO and O), College-University (CU), Medical Use (MU), or Neighborhood Retail (NR) districts and any lower intensity residential district. A Type A Buffer shall consist of a 5-foot wide buffer yard plus at least 15 points based on the points listed in subsection (3) below.

(2)

Type B Buffer is required between Heavy Commercial (HC), General Commercial (GC), or General Retail (GR) districts and a residential district or between any Industrial district and any other non-industrial district other than Heavy Commercial (HC) and General Commercial (GC). A Type B Buffer shall consist of a 5-foot wide buffer yard plus at least 25 points based on the points listed in subsection (3) below.

(3)

Points.

a.

Opaque masonry wall with 6 foot minimum height = 15 points.

b.

Opaque fence with 6 foot minimum height = 5 points.

c.

An existing, continuous fence or wall on the adjacent property = ½ the points of a fence or wall on the subject property.

d.

Each additional 5 feet of buffer yard = 5 points (maximum of 15 points).

e.

One tree with a mature height of at least 20 feet and height of at least 8 feet at time of planting per 25 lineal feet of buffer yard = 10 points.

f.

Three smaller trees per 25 lineal feet of buffer yard = 10 points.

(b)

Buffer yards are required between adjacent uses as indicated. For purposes of this section adjacent includes properties separated by an alley, but does not include properties separated by a street.

(c)

Parking lots, driving lanes, loading areas, or other similar areas of vehicular access shall be screened from residentially zoned property, whether adjacent or across a street, by a continuous hedge, fence, wall, berm, or combination of these, with a minimum height of 36 inches. This requirement shall not be required on expressways and major arterial roads.

(d)

Open space in buffer yards shall be planted in grass or other vegetative ground cover, except for authorized driveways across the buffer yard or approved pedestrian facilities.

(e)

Alternative buffering may be allowed through the site plan review process as long as the buffering and aesthetic intent of these requirements are met.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 14-2015, pt. 1 (Exh. A, 4), 3-12-15)

(a)

Mechanical equipment, excluding roof-mounted equipment, must be screened from view from streets, parking lots, parks, and residential districts with materials consistent with the principal structure.

(b)

Loading docks must be located on the side or rear of the building and screened from streets and residentially zoned property by a landscape buffer per Section 8 [sic] below or by an opaque fence or wall at least 7 feet in height.

(c)

Waste containers must meet the following requirements:

(1)

Must be screened from streets and residentially zoned property by a landscape buffer per Section 8 [sic] below or by an opaque fence or wall at least 7 feet in height.

(2)

With the exception of those located in alleys, waste containers must be located on private property.

(3)

Placement and screening of waste containers must be shown on an approved site plan and must be consistent with all applicable [sic].

(d)

Outdoor storage of materials not displayed for sale is subject to the following requirements:

(1)

Where allowed and required to be screened, outdoor storage must be screened to a minimum height of 6 feet, up to 8 feet where the stored materials are greater than 6 feet in height, through a combination of landscaping, fences/walls, and/or berms.

(2)

Not allowed within 5 feet of a property line.

(3)

In Industrial or Agricultural/Open Space districts, outdoor storage is allowed and must be screened from residential districts.

(4)

In Heavy Commercial (HC) districts, outdoor storage:

a.

Is allowed only as an accessory use,

b.

Is allowed only in rear yards and side yards not adjacent to a street, and

c.

Must be screened from adjacent rights-of-way and less-intensive zoning districts.

(5)

Not allowed in Neighborhood Office (NO), Office (O), Neighborhood Retail (NR), General Retail (GR), General Commercial (GC), Central Business (CB), College-University (CU), or Medical Use (MU) districts.

(e)

Outdoor display of merchandise for sale is subject to the following requirements:

(1)

Outdoor display does not include operable vehicles and recreational vehicles displayed for sale.

(2)

Not allowed within 10 feet of a property line adjacent to a street.

(3)

In Industrial (HI, LI, PI), Agricultural/Open Space (AO), or Heavy Commercial (HC) districts, outdoor display is allowed.

(4)

In General Commercial (GC) and General Retail (GR) districts, outdoor display is:

a.

Limited to 5% of the total site area, up to 15% if any excess over 5% is completely screened from view from rights-of-way and adjacent properties;

b.

Limited to rear or interior side yards or within 20 feet of the front of the principal building;

c.

Only allowed as accessory use.

(5)

In Neighborhood Office (NO), Neighborhood Retail (NR), Office (O), and Central Business (CB) districts, outdoor display is allowed only within 10 feet of the front of a principal building.

(6)

In College-University (CU) and Medical Use (MU) districts, outdoor display is prohibited.

(f)

Designated areas for outdoor storage and/or display must be shown on the site plan.

(g)

All outdoor storage or display must be located on private property.

(h)

Outdoor storage or display may not be located within required landscape areas or required parking spaces and may not impede vehicular or pedestrian traffic.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Purpose. The purpose of this section is to establish minimum standards for urban design to ensure high-quality attractive development that meets the community appearance goals of the City's Comprehensive Plan.

(b)

Applicability.

(1)

The provisions of this section shall apply to development within the corporate limits of the City of Abilene.

(2)

No Building Permit may be issued for a new building unless the applicable provisions of this section are met.

(3)

No Site Plan or Utility Plan shall be approved for any property unless the applicable requirements of this section are met.

(c)

Building Materials. The following standards apply only within the Central Business District and along Enhancement Corridors, as designated in the City's Comprehensive Plan:

(1)

Metal siding and standard concrete block (CMU) are prohibited on exterior facades visible from a street or a parking lot, except in Industrial or Heavy Commercial districts.

(2)

Existing nonconforming structures are grandfathered and allowed to continue and, unless completely replaced, to be maintained or repaired with like materials if damaged.

(3)

Prohibited materials may be used subject to a waiver granted by the Planning Director based on established guidelines. The use of these otherwise prohibited materials must be part of an overall architectural design that meets the aesthetic objectives of this section and the City's Comprehensive Plan. An unfavorable decision by the Planning Director may be appealed to the Planning and Zoning Commission Design Review Subcommittee, appointed by the Chair, for final determination.

(d)

Standards for Large Developments. The following provisions apply to any single building with a gross floor area of 50,000 square feet or greater or multiple buildings on a single site with a total gross floor area of 100,000 square feet or greater:

(1)

Architectural Style. The architectural style of a development shall be coordinated to create visual cohesiveness and avoid blank, monotonous walls through variations in height, depth, color, or texture of a building. Examples of features used to create visual interest include arcades, display windows, awnings, facade articulation and other similar design elements.

(2)

[Reserved.]

(3)

If utilizing a parapet roof, construction shall be of complementary materials and design as the building concealing flat roofs and rooftop equipment, such as HVAC units.

(4)

Facade offsets shall be shown on a site plan and approved as part of the site plan review process.

(5)

Building elevations with enough detail to ensure compliance with these requirements shall be submitted and approved prior to the issuance of a building permit.

(6)

Alternatives to these standards may be approved subject to approval by the Planning Director. Variations to these standards must be part of an overall architectural design that meets the aesthetic objectives of this section and the City's Comprehensive Plan. An unfavorable decision by the Planning Director may be appealed to the Planning and Zoning Commission Design Review Subcommittee for final determination.

(e)

Utilities. Utility lines providing individual service to a site, such as electric, telephone, and cable, shall be installed underground or in rear alleys or easements for all new nonresidential development.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Purpose. The purpose of this subsection is to provide for adequate and safe lighting of private property, while limiting light spillover and glare onto adjacent properties and public streets. Such limitations are intended to prevent the creation of nuisances, promote traffic safety, conserve energy, and preserve the area's dark sky.

(b)

Applicability. This subsection shall be applied to the installation of all new private outdoor lighting fixtures. Outdoor lighting fixtures legally installed prior to the effective date of this ordinance shall not be required to comply with these outdoor lighting standards and may be replaced with like fixtures unless all similar lighting is being replaced.

(c)

Lighting Plan. A lighting plan is required to be submitted and approved prior to a Certificate of Occupancy. Such plan shall provide details to ensure that the standards of this subsection are met. If a lighting plan is not submitted as part of the site plan approval process, the site plan shall include a note indicating that all requirements of this Division shall be met.

(d)

Exempt Lighting. The following luminaires and lighting systems are exempt from these requirements:

(1)

Internally illuminated signs.

(2)

Temporary lighting for theatrical, television, and performance areas.

(3)

Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code.

(4)

Code required exit signs.

(5)

Code required lighting for stairs and ramps.

(6)

Temporary holiday lighting provided that individual lamps are 10 watts or less.

(7)

Lighting required and regulated by the Federal Aviation Administration or other federal or state agency.

(8)

Interior lighting.

(e)

Exterior lighting for outdoor recreational uses. Ball diamonds, playing fields, golf driving ranges, tennis courts, parks, and similar outdoor recreational uses may be exempted from one or more of the outdoor lighting standards of this section if approved by the Development Review Committee. A denial by the Development Review Committee may be appealed to the Board of Adjustment.

(f)

Lighting Standards:

(1)

Use of fully shielded light fixtures.

a.

In order to avoid undue glare and light trespass, all outdoor lighting fixtures shall be fully shielded except incandescent fixtures of one hundred fifty watts or less or other sources of seventy watts or less.

b.

Canopy lighting must be fully shielded.

c.

In no instance shall a commercial outdoor lighting fixture be mounted or oriented such that the lighting element is visible from a property in a residential district.

(2)

No flickering or flashing lights shall be permitted.

(3)

The Board of Adjustment may agree to allow variations from these standards by granting a Special Exception, which may contain conditions, based on specific and reasonable written justification provided by the applicant showing that the purposes and intent of these requirements are met through alternative means.

(g)

Definitions.

Glare means light that causes visual discomfort or disability, or a loss of visual performance.

Light fixture, fully shielded means an outdoor lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal.

Luminaire means the complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket) for a light fixture.

Outdoor light fixture means an outdoor artificial illuminating device, either permanent or portable, used for illumination or advertisement.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Within all districts, with the exception of HI, no direct or reflected glare shall be visible at the lot line.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

In order to assure continuity and effectiveness in the regulation of signs, the City of Abilene has adopted the following goals to be attained by these regulations:

(a)

Sign regulation in the City of Abilene will recognize and appreciate the value of advertising and signage to a successful business climate.

(b)

Sign regulation in Abilene will address contemporary and future needs of Abilene by responding to:

1.

Public safety;

2.

New patterns of growth;

3.

More flexible zoning and land use practices;

4.

The quality of the visual environment.

(c)

Sign regulation in Abilene will be understandable to the public in order to encourage maximum voluntary compliance.

(d)

Sign regulation in Abilene will be simplified to the greatest extent possible so as to improve enforcement and compliance.

(Ord. No. 11-1988, pt 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

It is the purpose of this subpart to further those goals of the City of Abilene set forth in section 4.2.8.1 and to provide uniform sign standards which promote a positive city image reflecting order, harmony, and pride, thereby strengthening the economic stability of Abilene's business, cultural, and residential areas. Objectives to be pursued in applying specific standards are as follows:

(a)

To protect the public welfare and enhance the appearance and economic value of the cityscape by requiring signs that do not create a nuisance to contiguous or adjacent occupancies or to persons using the public right-of-way;

(b)

To assure that the size, scale, height, and location of all signs are directly related to the size and character of the sites upon which the signs are located; and

(c)

To assure that all signs, sign supports, and sign bases shall be so constructed and designed to provide for safety.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

The following definitions shall apply in the interpretation and the enforcement of this division. In the event a word or term is not defined in this section but is defined elsewhere in this Division, the definition set forth in this Division shall be deemed controlling. In the event of conflict between the definition of a word or term set forth in this section and the definition of the same word or term set forth in this Division, the definition set forth in this section shall be deemed controlling as to the interpretation and enforcement of this article.

Area: The area shall be considered to be the entire area within any geometric figure, including, but not limited to, all elements of the matter displayed but not including blank masking, frames, or structured elements outside the sign bearing no advertising or graphic matter.

Business entity: Any person, corporation or group of persons associated for the common purposes of engaging in a commercial or mercantile activity legally permissible under federal, state, and local laws.

Commercial vehicle: Any vehicle which is used on a regular basis during working hours to transport persons, goods, or services for the purpose of engaging in business activities.

Crown of street: The highest point of grade elevation of a cross section of a street, usually at a point approximately on the center line of a street.

Development site: A parcel or abutting parcels of land that have definite boundaries, which is improved or that is to be improved as a single unit of use.

Electronic message sign: A sign whose informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments, including LED (light emitting diode) signs, television screens, plasma screens, video boards, or other digital signs.

Height: Height shall be considered to be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and that point on the crown of the street which is nearest to the point on the sign which is used to establish the setback of the sign, as setback is hereinafter defined. For signs located two hundred (200) feet or further from a street, height shall be considered to be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the highest adjacent grade. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the structural support of the sign.

Mansard roof: A roof having two (2) slopes on all sides, with the lower slope steeper than the upper slope.

Primary use or service: A use or service that is the principal activity on a site.

Secondary use or service: A use or service that is subordinate and incidental to and serves a principal use or service.

Setback: A line parallel to, and the required distance from, the lot frontage adjacent to any street abutting the lot or tract in question, or a line parallel to and the required distance from any lot abutting the side of the lot or tract in question. For purposes of determining the requirements of this section, no portion of any sign or its support shall project or extend beyond the required setback line.

Sign: Any words, numbers, figures, devices, designs, trademarks, or other symbols, which attract attention to or make known such things as an individual, firm, profession, business, commodity, or service, and which are visible from any public street. This definition of "sign" shall include any structure designed to be used for said display. House numbers are not included within the definition of a sign.

Sign, damaged: Any sign which has become deteriorated or damaged and requires reconditioning to restore it to an average, normal state of repair, when such conditioning requires the replacement of broken or damaged glass or other materials, or the straightening of any sign support or other portion of the sign when the sign structure is leaning to such a degree as to be in danger of falling or collapse. A sign shall only be considered damaged whenever the cost of repairing such damage is equal to or greater than sixty (60) percent of the cost, excluding sign supports, of erecting a new sign of the same type at the same location.

Sign, electrical: Any illuminated sign or sign utilizing any electrical devices.

Sign, freestanding: Any sign permanently affixed to the ground and which is not affixed to a building and which is not used for off-premises advertising.

Sign, freestanding (monument): A sign with a display surface that is an integral part of the support structure, which in turn is affixed or permanently fixed in the ground, as contrasted to any other freestanding sign that has separate support or supports attached to the display surface. For the purposes of interpretation in this subpart, "freestanding signs" shall include monument signs, but "freestanding monument signs" shall not include other types of freestanding signs.

Sign, institutional: Any freestanding or monument sign near or in close proximity to a main entrance way to a church, non-profit institution, or educational institution.

Sign, moving message: Any sign which has automatically changing advertising or which has any moving message.

Sign, neighborhood entrance: A monument sign located near or in close proximity to the entrance of a residential neighborhood.

Sign, nonportable: A sign designed or manufactured to be anchored or affixed to the ground, buildings or other structures in a manner restricting easy movement from place to place. Nonportable signs do not include portable signs which have had wheels removed or have been modified in such a way as to be anchored to the ground or other structures by means of chains, cables, stakes, or similar devices unless such modifications will prohibit removal of the sign and reinstallation at another location. Nonportable signs may, however, include signs utilizing posts, poles, beams, and similar structural components that may be affixed to the ground in a temporary fashion. Nonportable signs may also include signs utilizing braces, hangers, wall anchors and similar structural components that may be affixed to buildings or other structures in a temporary fashion. In either case, nonportable signs will conform to the Uniform Building Code.

Sign, off-site advertising or billboard: A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service and/or product not principally located or primarily manufactured or sold on the premises upon which the sign is located. Also referred to as off-premises sign.

Sign, on-site business and/or identification: A sign identifying or advertising a business, person, organization, activity, service, and/or product which is installed and maintained on the same premises as the subject it advertises. Also referred to as an On-Premises Sign.

Sign, portable: A sign which is not designed or manufactured to be permanently anchored or affixed to the ground, building or other structure, but rather is designed or primarily used as a sign which is movable from place to place and which includes, but is not limited to, signs affixed to a trailer or other portable structure and "A" frame or sandwich signs.

Sign, structural: A nonportable sign other than wall signs.

Sign, temporary: A sign, banner, pennant, valance or other device constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without a frame, and any type of sign that is not permanently attached to the ground, wall or building, and which is intended to be displayed for a short period of time (i.e., changeable; not permanent).

Sign, wall: Any sign affixed flat against and parallel to a building wall. For the purpose of this definition, wall shall include window areas.

Visibility triangle: A triangle formed by a diagonal line extending through two (2) points on the two (2) curb lines or edge of pavement line thirty (30) feet from the street corner intersection.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 7-1991, pt. 1, 2-14-91; Ord. No. 57-2008, pt. 1(Exh. A), 10-23-08; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

All signs, other than address identification signs, shall pertain to the identification of the primary uses, by name of the occupant or business, and/or primary services provided or primary products sold on the premises. All other signs may be considered off-site advertising (or billboards) signs, other noncommercial, and private instructional signs as hereinafter provided.

Where applicable, a sign shall, at the time the sign is permitted, meet all requirements of Chapter 8 of this Code of Ordinances and any other applicable requirements of said Code.

Where commercial, advertising or business signs are allowed, then non-commercial speech shall be automatically allowed subject to the same regulation applicable to advertising or business signs.

All signs, including those painted on the walls of buildings, shall be permanently maintained in a safe, structurally sound condition, and in good repair including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. All braces, bolts, clips, supporting frames and fastenings shall be free from deterioration, termite infestation, rot or loosening. All signs shall further be maintained in compliance with any additional requirements for signs as are specified in Chapter 8 of the Code of Ordinances of the City of Abilene and other applicable requirements of said Code.

No sign in any zoning district shall project into the public right-of-way of any street or alley except in the central business district. In a central business district, no sign shall extend outward from any building face into the public right-of-way for a distance of more than within two (2) feet of the street curb, nor shall be erected so as to overhang a sidewalk or public right-of-way at a height of less than eight (8) feet.

(1)

Exception: Waiting benches and other items providing a public service have advertising affixed to them shall be considered signs and allowed in the public right-of-way, subject to the approval of the city council, to include issuance of a street use license, and all other conditions deemed appropriate to ensure the public safety.

Every business location shall be adequately identified by a street address, i.e., street numbers and/or street name, which is clearly visible from the street adjacent to the front entrance of such business. However, the area of a sign which is erected for the sole purpose of providing such street address identification shall not be subtracted from or count against the total allowable sign area requirements for the several districts as hereinafter specified in this subpart. Further, such street address identification may be incorporated into any sign permitted under the terms and provisions of this subpart so long as such street address identification does not increase the maximum allowable sign area of any sign by more than ten (10) percent. The incorporation of such street address identification shall not change the height or setback requirements from the maximums or minimums allowable for such sign prior to incorporation thereof.

All lighting shall be so shielded as to prevent intensive light or glare on adjacent property and roadways.

Fees and charges for services provided by the city shall be determined by city council and placed on file in the office of the city secretary.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 7-1991, pt. 1, 2-14-91; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

Except as provided in section 4.2.8.6, a permit shall be obtained from the city for a proposed sign.

(a)

Structural signs. For purposes of design of structural members on signs, the current Uniform Building Code of the city shall be utilized.

(b)

Electrical signs. All illuminated signs or signs utilizing any electrical devices shall require an electrical permit and shall be wired in accordance with the electrical code of the city.

(c)

Permit to enlarge, alter, repair, etc. No sign shall be altered, rebuilt, enlarged, extended, replaced or relocated, nor shall sign faces be renewed or neon tubing be rearranged when the values of such work exceeds sixty (60) percent of the cost of erecting a new sign of the same type at the same location, except upon the issuance of a permit, and all work done under such permit shall be in conformity with the requirements of this chapter.

The changing of movable parts of signs which are designed for changing, or the repainting of display matter or the repairing of damaged neon tubing while a sign is in place shall not be deemed to be alterations for the purpose of this section.

(d)

Construction time limitations. Construction activities pertaining to permanent off-site signs must commence within thirty (30) days of the date of the sign application permit as filed with the city. Construction will be completed within forty-five (45) days of the above date. Failure to comply with these provisions will result in the revocation of the permit application. In addition, the same applicant may not reapply for another sign permit at the location concerned for a period of six (6) months.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 47-1988, pt. 1, 9-22-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

No permit shall be required to erect any of the signs set forth in this section:

(1)

Non-illuminated signs located on private property that are no greater than six (6) square feet in area;

(2)

Temporary signs;

(3)

Signs in residential zoning;

(4)

Non-illuminated temporary signs placed in or on windows of structures, except as provided in section 4.2.8.10, special regulations for portable signs.

Signs related to an event or occurrence on a specific date must be removed no later than fourteen (14) days subsequent to such event or occurrence.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

The following signs shall be prohibited in all zoning districts:

(a)

Signs or posters, not otherwise regulated, which are tacked, painted, pasted or otherwise affixed to trees, poles, posts, fences or other structures in rights-of-way or easements;

(b)

Banners, pennants, searchlights, twirling signs or any other sign of a similar nature, located upon the sidewalk, curb or right-of-way;

(c)

Flags, banners, or pennants which obstruct the view of traffic;

(d)

Any signs which resemble official traffic-control signs, signals or devices, which bear the words, "Stop," "Go Slow," "Caution," "Danger," "Warning," or similar words;

(e)

Signs which, by reason of their size, location, content, coloring, manner of illumination, or devices causing motion or movement may be confused with or construed as traffic-control signs, signals or devices, or the lights of an emergency or road equipment vehicle, or which hide from view any traffic-control or street signs, signals or devices; or any sign which may, in the opinion of the city manager or his or her designee, create or cause a hazard;

(f)

Any sign or device attached to or located on any vehicle or trailer parked on a public right-of-way or public property.

(1)

Exception: This subsection shall not be construed so as to prohibit typical vehicular signage such as is lettered on a commercial vehicle;

(g)

Any sign which emits audible sound, odor, or visible matter;

(h)

No person shall place any sign on any utility, telephone or electric light pole located on any street, alley sidewalk or park or parkway within the city. Furthermore, signs in any residential area shall not:

(1)

Be placed or erected within any public right-of-way;

(2)

Exceed a size of six (6) square feet.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

Performance guarantee. No permit for the installation, erection, and/or maintenance of signs shall be issued to any person or entity until a performance guarantee has been filed with the City of Abilene to guarantee performance. Said guarantee shall be in the form of a bond issued by a corporate surety, licensed to do business in the State of Texas, or an individual bond, or any other acceptable financial guarantee (such as a letter of credit or cashiers check) shall be approved by the city manager or his or her designee and be in the sum of three thousand dollars ($3,000.00). Said guarantee shall insure that the permittee shall install, erect, repair, and/or demolish signs in accordance with the provisions of this and all other applicable ordinances of the city in a good and workmanlike manner and in accordance with the prevailing standards of the trade. Upon final approval of sign installation, erection, repair and/or demolition, the permittee shall be released from the obligation of the performance guarantee.

(1)

Exception: Wall signs shall be exempted from bonding requirements.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

(a)

All nonportable signs not specifically exempted from permits (by the terms of section 4.2.8.6) shall be permitted only for the purposes identified in this section and within the limitations prescribed by this section.

(b)

Area shall be considered to be the entire area within any geometric figure, including, but not limited to, all elements of the matter displayed, but not including blank masking, frames, or structured elements outside the sign bearing no advertising or graphic matter.

(c)

Height shall be considered to be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and that point on the crown of the street which is nearest to the point on the sign which is used to establish the setback of the sign, as setback is herein defined. For signs located two hundred (200) feet or further from a street, height shall be considered to be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the highest adjacent grade. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the structural support of the sign.

(d)

Setback shall be considered to mean a line parallel to, and the required distance from, the lot frontage adjacent to any street abutting the lot or tract in question, or a line parallel to and the required distance from any lot abutting the side of the lot or tract in question. For purposes of determining the requirements of this section, no portion of any sign or its support shall project or extend beyond the required setback line.

(e)

Visibility triangle shall be considered to mean a triangle formed by a diagonal line extending through two (2) points on the two (2) curb lines or edge of pavement line thirty (30) feet from the street corner intersection. No sign or supporting structure shall be placed within the visibility triangle unless there is a minimum height of eight (8) feet from the ground to the lowest point on the sign or structure projecting over the triangle. In no instance, however, shall such projections extend or project beyond the required setbacks.

(f)

Sign standards. Signs shall meet the standards delineated in the following table and the following footnotes referenced in the table:

(1)

Off-site advertising signs are prohibited within the city limits of the City of Abilene, except as specifically authorized below:

(a)

Regulated by Zoning District:

i.

Off-site advertising signs are only permitted within the following zoning districts: General Retail (GR), General Commercial (GC), Heavy Commercial (HC), Light Industrial (LI), Heavy Industrial (HI), and Agricultural-Open Space (AO).

ii.

Off-site advertising signs are only permitted within the AO district with a Special Exception granted by the Board of Adjustment. In determining the suitability of a site within the AO district, the Board shall consider the proximity of the proposed location to existing or proposed residential uses as may be indicated on the zoning map of the City of Abilene or any land use plans that have been approved by either the Planning and Zoning Commission or the City Council.

iii.

Type III signs are intended to allow for on-premises and/or off-premises advertising purposes, and only permitted in the CB zoning district in the area between South 1 ^st Street, South 4 ^th Street, Elm Street, and South Treadaway Boulevard shall be allowed. A Type III sign may be located on either side of these four boundary streets, subject to compliance with all applicable development standards.

(b)

Regulation of Type I, II and III Signs:

i.

Type I signs are those located along and oriented to a thoroughfare designated as a freeway or expressway in the City's adopted Thoroughfare Plan and are only permitted in the following locations:

Interstate Highway 20;

Loop 322; and

U.S. Highway 83.

ii.

Type I signs shall have a maximum area of 672 square feet and a maximum height of 42 feet, 6 inches or such height so that the bottom of the sign face is 8 feet higher than the adjacent main-traveled way, as defined by the Texas Department of Transportation, whichever is higher.

(c)

Regulation of Type II and III Signs:

i.

Type II signs are those located along and oriented to a thoroughfare designated as an arterial or collector in the City's adopted Thoroughfare Plan and are only permitted in the following locations:

Ambler Avenue;

Antilley Road;

Barrow Street;

Buffalo Gap Road;

Catclaw Drive;

East Highway 80;

East South 11th Street;

Grape Street;

Industrial Boulevard;

Judge Ely Blvd.;

Leggett Drive;

Mockingbird Lane;

North 10th Street;

North 1st Street;

Pine Street;

Pioneer Drive;

Rebecca Lane;

Ridgemont Drive;

Sayles Blvd.;

South 14th Street;

South 1st Street;

South 27th Street;

South 7th Street;

Southwest Drive;

Texas Avenue;

Treadaway Blvd/Pine Street (Business 83);

U.S. Highways 83/277;

U.S. Highways 83/84;

Willis Street.

ii.

Type II signs shall have a maximum area of 378 square feet and a maximum height of 35 feet.

(d)

Regulation of Type III Signs:

i.

Type III signs are those located along and oriented to a thoroughfare designated as a freeway or expressway or as an arterial or collector by the City's adopted Thoroughfare Plan, as listed above for Type I and Type II signs and the following additional locations:

Butternut Street;

Cherry Street from South 1 ^st Street to South 4th Street;

Chestnut Street from South 1 ^st St. to S. 4th Street;

Elm Street from South 1 ^st Street to South 4 ^th Street;

Locust Street from South 1 ^st Street to South 4th Street;

Oak Street from South 1 ^st St. to S. 4th Street;

Pecan Street from South 1 ^st Street to South 4th Street;

South 1 ^st Street from Elm Street to South Treadaway Boulevard;

South 2 ^nd Street from Elm Street to South Treadaway Boulevard;

South 3 ^rd Street from Elm Street to South Treadaway Boulevard;

South 4 ^th Street from Elm Street to South Treadaway Boulevard;

Sycamore Street from South 1 ^st St. to S. 4th Street;

Willow Street from South 1 ^st St. to South 4th Street.

ii.

Type III signs are subject to the following development standards:

1.

Maximum sign area is limited to fifty (50) square feet.

2.

Maximum sign height is limited to the height of the wall on which it is mounted but is limited to a maximum height of twenty (20) feet, as measured grade of the wall on which it is mounted.

3.

Type III signs shall be mounted flat wall. The cantilevered mounting of signs is not permitted.

4.

Type III signs shall be subject to the minimum setback and spacing limitations that apply to Type I and Type II signs.

5.

Type III signs shall be subject to all electronic message sign regulations.

6.

Type III signs shall not utilized as free-standing sign or as a roof mounted sign, and may not be located on an accessory structure, fence, equipment, or other type of building or structure.

(2)

Spacing and separation of off-site advertising signs shall be based on the following:

a.

Signs shall be separated from other off-site advertising signs on the same side of the street by a minimum distance of 1,500 feet on interstate and primary highways, as designated by the Texas Department of Transportation.

b.

Signs shall be separated from other off-site advertising signs on the same side of the street by a minimum distance of 750 feet when not on an interstate or primary highway.

c.

Signs shall be separated from other off-site advertising signs in any direction by a minimum of 250 feet.

d.

No off-site advertising signs shall be permitted less than 135 feet from a lot in a Residential Single-family (RS), Mobile Home (MH), or Multifamily (MF) district.

e.

No off-site advertising signs shall be permitted less than 400 feet from a lot in a Residential Single-family (RS), Mobile Home (MH), or Multifamily (MF) district when adjacent to roadways designated as interstate or primary.

Footnotes:

*Type III signs only permitted on specified streets in CB District.

(1)

No off-site advertising signs shall be permitted less than one hundred thirty-five (135) feet from a lot in a residential single-family or MF district.

No off-site advertising signs shall be permitted less than four hundred (400) feet from a lot in a residential single-family or MF district when adjacent to interstate or primary road systems.

In the AO zoning district, off-site advertising signs may be permitted upon issuance of special exemption by the board of adjustment after a public hearing. In determining the suitability of a site for placement of an off-site advertising sign, the board shall consider the proximity of the proposed location to existing or proposed residential uses as may be indicated on the zoning map of the City of Abilene or any land use plans that have been approved by either the planning and zoning commission or the city council. Setbacks for off-site advertising signs on interstate/primary roads shall be established by the State of Texas.

(2)

The minimum separation shall be measured from signs on the same side of the street.

(3)

Signs on developing property shall be signs on property under current construction or property that is being promoted in advance of sale and development.

Institutional signs and neighborhood entrance signs located within residential districts are permitted to be up to 80 square feet in area and up to 25 feet in height. In addition, only one wall sign is permitted per street frontage so long as such sign exceeds no more than 100 square feet in area. Such signs shall be permitted to be illuminated and may be an electronic message sign.

(4)

Front setback shall be a minimum of ten (10) feet from back of curb or edge of pavement where there is no curb; provided, however, that no sign shall project into the public right-of-way of any street or alley except in the central business district as provided in section 2.3.3.7. The setback from street side property lines for monument signs shall be 5 feet from the property line or 15 feet from the curb, whichever is greater.

Side setbacks shall be ten (10) feet from any side abutting a lot or tract in an AO, RS, RR, PH, TH, MD, MF, MH, or CU district. In all other cases there shall be no side setback.

(5)

Freestanding signs shall have a minimum grade clearance of eight (8) feet six (6) inches. Monument signs shall not exceed a height of 8 feet.

Exception: Freestanding signs (including monument signs) set back a minimum twenty-five (25) feet from all street-side property boundaries do not need a minimum grade clearance of eight (8) feet. A sign so located may also exceed the forty-two-inch height limitation, but shall not exceed the maximum area or height of signs allowed.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 34-1997, pt. 1(Exh. A), 7-24-97; Ord. No. 70-2005, pt. 1(Exh. A), 12-15-05; Ord. No. 17-2007, pt. 1(Exh. A), 5-10-07; Ord. No. 14-2013, pt. 1(Exh. A), 4-11-13; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18; Ord. No. 04-2025, Pt. 1(Exh. A), 1-9-25)

(a)

Permits. Portable signs are prohibited in residential areas, including multifamily and mobile home developments. Prior to the use or placement of any portable sign, a permit must be obtained pursuant to the following terms and conditions. Permits for portable signs may be issued to persons other than sign contractors, and no bonds are required.

(1)

A portable sign permit may be issued for shopping centers, commercial, retail, or office developments; however, only one (1) portable sign per business location is allowed.

(2)

Portable signs shall be located no closer than ten (10) feet to the street and a greater distance if necessary to be located off of the right-of-way. In no case shall the portable sign be located within the public right-of-way. Further, said signs shall not be located in the area designated as the intersection visibility area.

(3)

No portable sign shall be placed so as to project into the public right-of-way of any street or alley.

(4)

Portable signs shall permanently display on the sign in easily readable form the name, address, city, zip code and telephone number of the owner of said sign.

(5)

Portable signs may be internally or indirectly lighted. Any accessory lighting, if present, surrounding the message display area, shall contain only lamps not to exceed sixty (60) watts incandescent or equivalent lumens. All portable signs utilizing electrical power shall be wired in accordance with the City of Abilene's electrical code. Electrical outlets serving the sign must be located entirely beneath the frame of the sign and must be equipped with a ground-fault interrupter device.

(6)

Unsafe signs listed in subsection (b) shall not be eligible for a permit.

(7)

A permit shall be obtained for each portable sign.

(8)

If required, each portable sign shall satisfy any permit requirements in the building code and electrical code.

(9)

Church and school facilities located in residential areas shall be allowed one (1) portable sign for not more than six (6) nonconsecutive two-week periods during any calendar year, regardless of street frontage. This provision shall not exempt the requirements for permitting described herein.

For purposes of this section, residential areas shall be defined as all single-family, multifamily and mobile home zoning districts.

(10)

Portable signs shall be allowed in residential multifamily districts, for purposes other than church or school identification as provided for above, subject to a special exception being granted by the board of adjustment. As with any special exception request, the board of adjustment may attach any conditions to its approval deemed necessary to protect the public health, safety, and welfare.

(b)

Unsafe signs prohibited. It is hereby expressly declared that the following signs are in fact unsafe signs causing immediate danger, and it shall be the duty of the owner of the sign, the lessee of the sign, the owner of the property on which the sign is located, and the owner and manager of any business advertised on the sign to immediately remove the sign, or correct the unsafe conditions, and the refusal to do so will constitute a violation of this section.

(1)

Any portable sign erected, placed, used, altered, or maintained in the public right-of-way.

(2)

Any portable sign or sign-supporting structure which is located within the area defined as the intersection visibility triangle.

(3)

Any portable sign which becomes damaged, as defined in section 4.2.8.3, or any portable sign which is erected or maintained in violation of the provisions of the building code or electrical code.

(4)

Any portable sign located nearer than ten (10) feet from the street.

(5)

Any portable sign which is located or constructed so as to interfere with or confuse the control of traffic on the public streets.

(6)

Any portable sign which resembles an official traffic sign or signal or which bears the words "Stop," "Go Slow," "Caution," "Danger," "Warning," or similar words is prohibited.

(c)

Enforcement.

(1)

Any portable sign erected in violation of this provision shall be an illegal sign pursuant to section 4.2.8.16(a) and may be removed by the city only in compliance with the provisions of that section.

(2)

Any portable sign that does not conform to the regulations prescribed in this Division and which existed lawfully on the date of adoption (i.e., on the effective date) of this Division, or amendment hereto, shall be deemed a nonconforming sign and may be removed by the city only in compliance with the provisions of section 4.2.8.16(b).

(3)

Any on-premises portable sign that no longer advertises or identifies a use/business conducted on the property on which the sign is erected shall be an abandoned sign and may be removed by the city only in compliance with section 4.2.8.16(c).

(4)

If any sign remains unclaimed for a period of sixty (60) days after its removal, or if the removal and storage costs are not paid within such sixty-day period, the city may sell or otherwise dispose of the sign. In calculating the length of the storage period and the storage fee, the first working day after the date of the impoundment shall be considered day number one (1); thereafter, all days including weekends and holidays shall be counted.

(5)

The city manager or his or her designee may enter upon private property which is accessible to the public for the purposes specified in this section to examine signs or their location, obtain information as to the ownership of signs and to remove or cause the removal of a sign declared to be a nuisance pursuant to this section.

(d)

Appeal procedures. Appeals of the provisions of this section shall be in accordance with the procedures set forth in section 4.2.8.17.

(e)

Applicability. The provisions of this section shall be applicable to all portable signs in the city, and nonconforming status or rights will not be granted to existing portable signs.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

In addition to any other requirements of this chapter, electronic message signs shall adhere to the following requirements:

(a)

Operational limitations for on-premises signs over seventy-five (75) square feet in area or any off-premises sign.

(1)

Such signs shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign or sign structure, including the movement or appearance of movement of any illumination or the flashing, scintillating, or varying of light intensity.

(2)

Minimum display time. Each message on the sign must be displayed for a minimum of eight (8) seconds.

(3)

Transition. The transition from one sign message to another must occur within two (2) seconds and may not include flashing or appearance of motion, with the exception of a fade out or in, dissolve, or scroll that must be accomplished within the transition period.

(b)

Operational limitations for all signs.

(1)

Limitations. All such signs shall have no flashing or full motion video.

(2)

Unless permitted as an off-premises sign, such signs shall not include off-premises advertising messages.

(c)

Sign face limitations.

(1)

Each sign structure is limited to not more than two (2) sides with one sign face per side.

(2)

The entire sign face must comply with the operation limitations defined above and a sign face may not be apportioned into separate areas each acting as a separate sign face under these restrictions.

(d)

Brightness.

(1)

All such signs shall be equipped with light sensing devices or a scheduled dimming timer that will automatically dim the intensity of the light emitted by the sign during ambient low-light conditions and at night so that the sign does not exceed the maximum brightness levels allowed in this section.

(2)

Maximum brightness shall not exceed seven thousand (7,000) nits when measured from the sign's face at its maximum brightness during daylight hours and shall not exceed one thousand (1,000) nits when measured from the sign's face at its maximum brightness at night.

(3)

If such sign is located within one hundred (100) feet of a property with residential zoning, the sign must be oriented such that no portion of the electronic sign face is visible from a residentially-zoned property or the brightness is reduced to no more than two hundred fifty (250) nits at night.

(4)

Prior to the issuance of a permit for such sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above.

(e)

The city may order a sign's brightness reduced, its minimum display time increased, or other operational characteristics altered if the city manager or his or her designee, finds that it interferes with or poses a traffic safety hazard to the operation of vehicles. The City may not require an alteration of a sign that would make the sign ineffective for its intended purpose, such as by substantially impairing visibility of the sign.

(f)

All such signs shall be turned off or display a blank screen when malfunctioning.

(Ord. No. 57-2008, pt. 1(Exh. A), 10-23-08; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

The city manager shall designate a member of the city's staff who shall have the responsibility for enforcement of the provisions of this subpart. References herein made to the performance of certain functions by the city shall be deemed references to performance by the city manager's designee. The duties of such designee shall include not only the issuance of permits as required by this subpart, but also the responsibility of ensuring that all signs conform with this subpart and with any other applicable laws, requirements and regulations of this Code of Ordinances or of the City of Abilene and that all signs for which permits are required do in fact have permits. The city manager or his or her designee shall have the authority to adopt regulations and procedures not inconsistent with the terms of this subpart necessary to implement the provisions of this subpart.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this subpart. The regulations of this subpart are not intended to permit any violation of the provisions of any other lawful ordinance or regulation of the city.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

The city shall have the power to issue stop orders, to require the repair or removal of certain signs and/or to revoke sign permits, as provided in this section. In so doing, the city shall comply with all procedural requirements specified in this section for the giving of notice, the issuance of orders, the removal of signs and storage and/or sale thereof by the city, and the conduct of hearings on permit revocations.

(a)

Stop orders. If the city shall determine that work on any sign is being performed without a permit or in a dangerous or unsafe manner, upon written notice and issuance of a stop order by the city, such work shall be immediately stopped. Such notice shall be given to the owner of the property or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. However, where an emergency exists, written notice shall not be required. Following the issuance of a stop order, the city shall initiate proceedings to revoke any permit issued for the work covered by such stop order unless the cause of the stop order is resolved to the city's satisfaction.

(b)

Revocation of permit. The city shall have, and is hereby granted, the power and authority to revoke any and all permits authorized by this Code for violation of the terms and provisions of this Code, subject to the procedural requirements of this Code for notice and hearing. Permits may be revoked if they were issued in error or as a result of misinformation or misinterpretation of the facts associated with their issuance.

(c)

Signs erected without permit. In the event any sign shall be erected within the city without a permit, when such sign shall require a permit, the city is authorized to remove said sign and to store and dispose of the same in accordance with the procedural requirements of this Code.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 7-1991, pt. 1, 2-14-91; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

All signs and sign support structures, including temporary and portable signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of appearance and preservation. No sign will be allowed to be kept in a dilapidated, deteriorated, or unsightly condition, including that signs shall be free from cracked or peeling paint, discolored sign structure or lettering, and missing or damaged parts. Any nonconforming sign which the City determines is in an unacceptable dilapidated, deteriorated, or unsightly condition, to such an extent that the sign is determined to be damaged as defined in Section 4.2.8.3, shall be repaired or removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within forty-five (45) days after written notification to do so.

(Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

(a)

Illegal Signs:

(1)

Should any sign be installed, erected, constructed or maintained in violation of any of the terms of this Code, the City shall give written notice to the owner, lessee, or person responsible for the sign, ordering that the sign be altered so as to comply with this Code or to remove the sign.

(2)

The owner of, or the owner of property with, an illegal (either conforming or nonconforming) sign must apply for a permit from the City within ten (10) days of notification of non-compliance.

(3)

If the owner has not obtained a permit for the illegal sign by the eleventh (11th) day following notification, the owner may be cited for noncompliance and/or the sign may be removed by the City at the expense of the owner.

(b)

Nonconforming Signs: A sign that does not conform to the regulations prescribed in this Division and which existed lawfully on the date of adoption (i.e., on the effective date) of this Division, or amendment hereto, shall be deemed a nonconforming sign. A nonconforming sign shall be allowed to remain as is in the same location wherein it existed on the effective date of this Division subject to the following conditions.

(1)

Minor changes or repair: Changing sign faces or minor repairs that do not change the structure or dimensions of the sign shall be allowed and shall not affect the nonconforming status of a sign.

(2)

Removal: The right to continue all nonconforming signs shall cease and such sign shall be removed within forty-five (45) days after written notice, or the City may do so, whenever:

a.

A sign is altered, moved or relocated without a permit pursuant to the provisions of this Division; or

b.

A sign is damaged or destroyed when the cost of repairing the sign is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location; an existing nonconforming sign that is already in a dilapidated/deteriorated condition or that represents a public safety hazard as of the effective date of this Division of the Land Development Code, and the cost of repairing the sign is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location, must either be repaired/refinished to a reasonable state of repair or removed at the owner's expense.

(3)

Historic/Architectural Significance: Any sign designated by official action of the City as having special historic or architectural significance is exempt from the provisions of this Division regarding elimination of nonconforming signs. However, this in no way should be interpreted to supersede any safety or maintenance requirements.

(c)

Abandoned Sign:

(1)

Any on-premises sign that no longer advertises or identifies a use/business conducted on the property on which the sign is erected must have the sign copy covered or removed within 1 year after the business or uses advertised on the sign have been discontinued, except in the case of a leased property, in which case such a sign shall not be allowed to remain on a property more than 2 years after the date the most recent tenant ceased to operate on the premises;

(2)

Upon failure to comply with these provisions and after 45 days notice by the City, the City is hereby authorized to cause removal of such sign and/or sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or property on which the sign is located.

(Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

(a)

Except as provided in this section, the zoning board of adjustment is authorized to hear and decide appeals related to permit applications, provide interpretation, and grant variances subject to the rules and procedures for the zoning board of adjustment as set forth in section Chapter 1, [Article 1,] Division 5, of the City of Abilene, Land Development Code provided however:

(1)

The board of adjustment may not grant a variance to the terms of this subpart the effect of which would allow erection or placement of any sign prohibited by section 4.2.8.7, prohibited signs.

(2)

The board of adjustment may not grant a variance to the terms of this subpart the effect of which would allow placement of any sign in any district where such sign is prohibited in that district.

(3)

The board of adjustment may not grant a variance which will allow any sign erected in violation of any previous ordinance in effect at the time of the sign's erection to violate the terms of this subpart.

(4)

The board of adjustment may not waive any requirement for any permit, bond, or inspection required under the terms of this subpart.

(5)

The board of adjustment shall not hear any appeal, interpretation, or variance from the provisions of the building code of the city as they apply to the construction of any sign. In instances where such questions arise, it shall be the responsibility of the board of building standards of the city to hear and decide those questions in accordance with its rules and procedures.

(6)

The board of adjustment shall not hear any appeal, interpretation, or variance from the provisions of the electrical code of the city as they apply to any electrical aspects of any sign. In instances where such questions arise, it shall be the responsibility of the board of electrical examiners of the city to hear and decide those questions in accordance with its rules and procedures.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

Violations of provisions of this subpart or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with approval of variances) shall constitute a misdemeanor. Any person who violates this subpart or fails to comply with any of its requirements shall upon conviction thereof be fined in accordance with section 1-9, General Penalties, of this Code. Each day such violation continues shall be considered a separate offense.

The owner or occupant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time that the existing ordinance was repealed and such ordinance adopted shall be discharged or affected by such repeal, but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, and causes presently in process may be prosecuted in all respects as if such prior ordinance had not been repealed.

(Ord. No. 11-1988, pt. 1, 3-10-88; Ord. No. 65-2018, pt. 2(Exh. B), 11-15-18)

(a)

Purpose. The purpose of performance standards in the control of land uses in Abilene is:

(1)

To permit potential hazards and nuisances to be measured factually and objectively;

(2)

To ensure that the community will be protected from hazards and nuisances which can be prevented by processes of control and nuisance elimination;

(3)

To avoid arbitrary exclusion or prosecution based solely on hazards or nuisance produced by any similar type of use in the past.

(b)

Compliance and Enforcement.

(1)

After the effective date of this Ordinance, any use established or permitted, even as a special exception, shall comply with all performance standards herein set forth.

(2)

The City's Environmental Health Section, shall be responsible for the administration and enforcement of all performance standards specified herein.

(c)

Determination of Violation. If the responsible official finds, after making determinations in the manner set forth in this Division 9 of Chapter 4 of this LDC, that a violation exists, he shall act to abate the same.

(1)

The responsible official shall give written notice, by certified mail, return receipt requested, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and shall require abatement of such violation within a prescribed time limit.

(2)

Technical determinations, as described in this division, will be made as hereinafter provided. If violations are found, the costs of such determination shall be charged against those responsible for the violation. If it is determined that no violation exists, such costs will be paid by the City without assessment against the persons or properties involved. The responsible official may grant an extension if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Permissible Noise Levels. At no point at the bounding property line of any use shall the sound pressure level exceed the decibel limits specified in the Octave Band groups designated in the following table:

TABLE 4-3: MAXIMUM PERMISSIBLE DAYTIME* OCTAVE BAND: DECIBEL LIMITS AT THE BOUNDING PROPERTY LINE**

Note: "A scale" levels are provided for monitoring purposes only and are not applicable to detailed sound analysis.

*

"Daytime" shall refer to the hours between sunrise and sunset on any given day.

**

"Bounding Property Line" shall be interpreted as being at the near side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line.

(b)

Adjustments to Table 4-3. The following adjustments shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards:

(1)

When noise is present at nighttime, subtract 7db.

(2)

When noise contains strong pure-tone components or is impulsive, that is when meter changes at 10 decibels or more per second, subtract 7db.

(3)

When noise is present for not more than the following, add 10db:

a.

½ minute in any 30-minute period.

b.

5 minutes in any 1-hour period.

c.

10 minutes in any 2-hour period.

d.

20 minutes in any 4-hour period.

(c)

Noise Measurements. Measurement of noise shall be made with a sound level meter on [and] octave band analyzer meeting the standards prescribed by the American Standards Association.

(d)

Exemptions. The following uses and activities shall be exempt from the noise level regulations herein specified.

(1)

Noises not directly under control of the property user.

(2)

Noises emanating from construction and maintenance activities between the hours of 7:00 a.m. and 9:00 p.m. (daytime hours).

(3)

Noises of safety signals, warning devices and emergency pressure relief valves.

(4)

Transient noise of moving sources, such as automobiles, trucks, and airplanes.

(5)

Nuisance noises that are not directly related to or inherent to the land use or development, such as people assembling, music playing, or domestic animal noises (see other City of Abilene ordinances for regulation of nuisance noise).

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Standards. No operation or use shall cause, create, or allow the emission for more than three (3) minutes in any one hour of air contaminants which at the emission point or within the bounds of the property:

(1)

Are of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the ASTM, except when the presence of uncombined water is the only reason for failure to comply, or when such contaminants are emitted inside a building which prevents their escape into the atmosphere;

(2)

Exceed 0.5 pounds per acre of property within the plant site;

(3)

Exceed four grains of dust or particulate matter per 1,000 cubic feet of air at any boundary line of the tract on which the use is located, as a result of open storage or open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter, or operations such as paint spraying, grain handling, sand or gravel processing or storage or sand blasting.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Odorous Matter Limited. No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter is clearly detectable at the bounding property line or any point beyond the tract on which such use or operation is located.

(b)

General Method and Procedures. The odor threshold as herein set forth shall be determined by observation by the responsible official. In any case where uncertainty may arise, or where the operator or owner of an odor-emitting use disagrees with the responsible official, or where specific measurement of odor concentration is required, the method and procedures specified by the ASTM shall be utilized.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Limits on Manufacture and Storage. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City Fire Chief.

(b)

Storage of Flammable Liquids and Materials. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when the storage or use conforms to the standards and regulations of the City Fire Prevention Code or are approved by the Fire Marshal.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

No operation or use shall emit a concentration of toxic or noxious matter across the bounding property line of the tract on which the operation or use is located which will exceed ten percent (10%) of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health Services.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

No operation or use shall at any time create earth borne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

TABLE 4-4: VIBRATION LIMITS

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

This division is applicable in the City limits.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

General. Mobile/manufactured home parks shall be located on land formally subdivided according to the regulations within this LDC.

(b)

Utilities.

(1)

Accompanying all applications for subdivision of land to be used for mobile/manufactured home park purposes shall be two (2) copies of a schematic drawing indicating the placement of all public or private utility lines and other such facilities. Such schematic must also indicate those utilities adjacent to the park to which hookup and/or extension is proposed.

(2)

All water and sewer utilities within mobile/manufactured home parks shall be considered private, unless such utilities continue through the park to serve, or intended to serve, development beyond it, or if such water lines lie within the park for the purpose of providing fire protection and suppression, in which case the utilities shall be considered public.

(3)

Private water and sewer lines shall be maintained and protected by the park owner/operator.

(4)

Public water and sewer lines, and all appurtenances thereto, shall be located in easements of sufficient width and character as necessary to allow access and inhibit encroachment. Said easements shall be depicted on the Preliminary and/or Final Plat at the time of plat approval.

(5)

All private utilities constructed in mobile/manufactured home parks shall comply with the policies for installation of the utility provider.

(6)

Individual utility connections to mobile/manufactured home units shall be in accordance with requirements of the City plumbing code, as applicable.

(7)

Provision shall be made for plugging the sewer riser when no mobile/manufactured home occupies the space. Surface drainage shall be diverted away from the riser.

(c)

Streets. As described in Section 4.2.9.6 [4.2.10.6] of this division of the LDC, all interior park streets shall be private.

(1)

All easements shall be listed on all plats. These may be refuse collection, public access, emergency vehicle access, utility (public) or drainage easements, and so labeled on the Preliminary and/or Final Plat.

(2)

If private streets are to be used as municipal vehicle access easements, a private property refuse collection agreement, and any other similar agreements formulated after the effective date of this ordinance, must be executed between the subdivider and the City prior to subdivision approval.

(3)

Names for all interior streets shall be depicted on the Preliminary and/or Final Plat.

(4)

Such names shall be subject to the same requirements as names of public streets.

(d)

Lots Created. All mobile/manufactured home spaces must front onto an interior street. Any property intended to allow direct access from a mobile/manufactured home onto a public street shall be formally subdivided, according to the subdivision regulations of this LDC, so as to create subdivided lots that have frontage on the public street. Such lots shall conform to the design standards contained within the subdivision and zoning regulations of this LDC, as applicable, and shall be considered subdivision lots rather than mobile/manufactured home spaces.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Site Plan Required. A Site Plan in accordance with Article 1, Division 1 [Division 2] of this Chapter shall be required for all mobile/manufactured home parks.

(b)

Site Plan Processing and Approval. A Site Plan for a mobile/manufactured home park shall be processed and approved in accordance with Article 1, Division 1 [Division 2] of this Chapter.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Site Requirements. Installation of mobile/manufactured homes on individual park spaces shall comply with all applicable state laws.

(b)

Effect of Permit Approval. The placement of individual mobile/manufactured homes on park spaces requires the issuance of a Mobile/Manufactured Home Installation Permit by the City of Abilene. The permit shall authorize:

(1)

Water and sewer connection.

(2)

Gas utility connection to existing opening.

(3)

Electrical utility connection to existing meter base with lifeline.

(4)

Air-conditioning.

In addition, permit issuance is dependent on conformance with appropriate building setbacks and addressing of the mobile home.

(c)

All new construction of mobile/manufactured home parks, or extensions to them and the placement of mobile/manufactured homes, accessory structures, sanitary facilities, recreation facilities, and permanent buildings shall comply with all applicable development-related regulations of the City of Abilene.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Site Requirements. Any mobile/manufactured housing park constructed after the effective date of the LDC from which this section derives and for any extension or addition to any existing mobile/manufactured housing park shall be done in compliance with the following site requirements:

(1)

Location: A mobile/manufactured housing park within the City limits shall be located only on sites having the applicable zoning classification as defined in Chapter 2 pertaining to zoning.

(2)

Minimum Requirements:

a.

Site Size Requirements. The initial development of any mobile/manufactured home park shall not be less than four (4) acres fully improved, with serviced mobile/manufactured home spaces.

b.

Density. The maximum site density shall be eight (8) mobile/manufactured home units per acre for all mobile/manufactured home parks.

c.

Space Requirements. Each mobile home or manufactured home space shall adhere to the following minimum size standards.

1.

Minimum Space Width: Forty-five feet (45').

2.

Minimum Space Depth: One hundred feet (100'). Space depth shall be measured from the edge of curb or easement boundary line, whichever is more restrictive.

d.

Space Delineation. Space boundary lines shall be permanently delineated by placement of corner pins or monuments, or permanent curb designation.

e.

Yard & Distance Requirements. Mobile/manufactured home minimum setback and spacing requirements shall be as follows in Table 4-3. In no case shall a variance or other regulatory mechanism permit a mobile/manufactured home to be less than three feet (3') from any mobile/manufactured home park property line.

TABLE 4-3: YARD AND DISTANCE REQUIREMENTS

f.

Height Regulations. The height limit for any structure intended for occupancy in the mobile/manufactured housing park shall be 25 feet.

g.

Soil and Ground Cover. Exposed ground surfaces in all parts of every mobile/manufactured housing park shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust.

h.

Drainage. The ground surface in all parts of a mobile/manufactured home park shall be graded and equipped to drain all surface water away from pad sites.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

General. All mobile/manufactured home spaces shall be provided with safe and convenient vehicular access from abutting streets. Access to mobile/manufactured home parks shall be designed to minimize congestion and hazards at park entrances and exits to allow free movement of traffic on adjacent streets.

(b)

Internal Streets. Interior streets shall be provided in mobile home parks, be private streets, and shall be of adequate width to accommodate anticipated traffic and shall meet the following minimum standards:

(1)

All interior mobile/manufactured home spaces shall abut a paved interior private street, which ultimately shall connect with a public street.

(2)

All interior private streets shall have a pavement width of not less than thirty-six feet (36'), measured from face-to-face of curbs.

(3)

All interior private streets shall have concrete curbs and gutters. Curbs may be lay-down or stand-up, and shall be installed according to City of Abilene specifications.

(4)

All interior private streets shall be named. Street names shall be posted at all intersections.

(5)

Any cul-de-sac street shall be limited to five hundred feet (500') in length, measured from the center of the intersecting street to the center of the turnaround. A paved cul-de-sac turnaround having an outside roadway diameter of at least eighty feet (80') shall be provided. The maximum number of mobile/manufactured home spaces along a cul-de-sac street shall be twenty-five (25).

(c)

Internal Street Construction and Maintenance. All internal streets shall be constructed and maintained by the owner or agent. All internal streets shall be free of cracks, holes and other hazards. Internal streets shall be constructed on hard-surfaced, all-weather material and shall be constructed to City of Abilene specifications.

(d)

Internal Streets—Unobstructed Access. Internal streets shall permit unobstructed access to within at least two hundred feet (200') of any portion of each mobile/manufactured home, in order to ensure that police and fire vehicles may have access to any areas of the mobile/manufactured home park. Speed bumps constructed to maintain safe speed of vehicles moving within the mobile/manufactured housing park shall not be considered as obstructions. Speed bumps shall be constructed to City of Abilene specifications.

(e)

Parking Requirements. Two off-street spaces per mobile/manufactured home space shall be provided for parking, and each parking space shall be paved with all-weather material. Each space shall be located to eliminate interference with access to parking areas provided for other mobile/manufactured homes and for public parking in the park. The maneuvering area for and the driveway connection from the parking space to the street shall also be paved.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

General. The private interior street system of the mobile home park shall connect with the public street system via one or more mobile/manufactured home park entrance streets. The number of entrance streets and their relationship to the private street system shall be such that a single blockage on the private street system shall not eliminate access to/from the public street system for more than twenty-five (25) mobile/manufactured home spaces.

(b)

Private Entrance Street Connections to Public System. Private entrance street connections to the public street system shall conform to the following standards:

(1)

Entrance street connections shall be at ninety (90) degrees, plus or minus fifteen (15) degrees.

(2)

Entrance streets shall have a pavement width measured face-to-face of curbs at least forty feet (40') and no more than sixty feet (60').

(3)

The intersection return radius to a public street shall be a minimum of twenty-five feet (25') except for connections to arterial streets, which shall be a minimum of thirty-five feet (35').

(4)

All mobile/manufactured home park entrance streets shall employ, on each side of the entrance street, a minimum fifteen-foot (15') parkway or permanent open area not part of any mobile/manufactured home space. This parkway area shall be located between the curb and any mobile/manufactured home space boundary line. This parkway shall extend for the first one hundred feet (100') of the street, from the public street, whichever is greater. Placement of structures within this parkway is prohibited.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Lighting Within the Park. Street lighting within the mobile home or manufactured housing park shall be provided by the developer along internal streets. Street lighting shall meet the following design criteria:

(1)

Average pole spacing depending on wattage:

a.

Two hundred and fifty feet (250') or less with three hundred feet (300') maximum spacing between poles for seventy (70) watt high pressure sodium or one hundred seventy-five (175) watt mercury vapor streetlight luminaries;

b.

Two hundred and fifty feet (250') or less with two hundred and fifty feet (250') maximum spacing between poles for one hundred seventy-five (175) watt mercury vapor guard lights (measurements are straight line within the streets); or

c.

Any lighting configuration that produces on the street an average lighting intensity of at least 0.22 footcandles and a minimum lighting intensity of 0.01 footcandles.

(2)

Lights shall be located at as many intersections (including "L" intersections) as possible within the constraints of the overall layout.

(3)

There shall be a balanced lighting layout for the overall development. In making adjustments, preference (in terms of uniformity and intensity) is to be given to streets in order of their importance from a traffic function.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

All mobile home or manufactured housing parks shall have a recreational area amounting to five percent (5%) total area of the park.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Compliance with All City Regulations. The following accessory buildings shall be permitted in mobile/manufactured home parks, provided that they comply with all regulations of the City of Abilene, including building codes, this LDC, and any other applicable code or ordinance. Permitted accessory buildings are the following:

(1)

Management offices, repair shops and storage areas;

(2)

Sanitary facilities;

(3)

Laundry facilities; and

(4)

Indoor recreation areas.

(b)

Individual Accessory Buildings. Buildings accessory to individual mobile/manufactured homes, such as individual storage buildings, shall be located in a mobile/manufactured home space in accordance with Chapter 2 of this LDC.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Maintenance of a Register. The owner or agent of a mobile/manufactured housing park shall maintain a register of park occupancy which shall contain the following information:

(1)

Name and park address of mobile/manufactured housing park residents.

(2)

Dates of arrival and departure.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Skirting. Skirting shall be required for each mobile/manufactured home in a mobile/manufactured housing park. Skirting and other additions, when installed, shall be maintained in good repair.

(b)

Fencing. Where off-street parking areas, not located on individual, occupied mobile/manufactured home spaces, for more than five (5) vehicles are located closer than fifty feet (50') from a residential zoning district, said parking area shall be visually screened by an opaque fence or wall at least six feet (6') in height.

(c)

Patio Roofs and Carports. Mobile/manufactured home park spaces may have patio roofs and carports constructed of materials consistent with applicable Building Codes. Also see Division 4 [of Article 4] of Chapter 2 for other accessory use standards.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10)

(a)

Applicability. This division is applicable in the City limits.

(b)

Land Use Matrix. For locations within the City limits, vacation travel trailer parks shall be permitted as outlined in the Land Use Matrix, Chapter 2, Article 5 [Article 4], Division 2.

(c)

Site Plan Required. For locations within the City limits, development of a vacation travel trailer park shall require submittal and approval of a Site Plan depicting the information described in Article 1, Division 1 [Division 2] of this chapter.

(d)

Subdivision Required. Vacation travel trailer parks shall be located on land formally subdivided according to the subdivision regulations within this LDC, specifically within Chapter 3.

(e)

Annual Licensing Required. Vacation travel trailer parks shall be required to meet annual licensing requirements with the Building Inspection Department. Issuance of the required license shall be dependent upon compliance with all applicable health, fire, building, and other City of Abilene Codes and Ordinances to ensure the safe operation of the park. The license shall be conspicuously posted in the park office.

(f)

Conformance to Other Codes. All facilities at vacation travel trailer parks shall conform and comply with City of Abilene health, fire, building and other such codes.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 58-2013, pt. 1(Exh. A), 10-24-13)

(a)

Maximum Site Density. The maximum site density for vacation travel trailer parks shall be twelve (12) units per acre.

(b)

Minimum Site Size. The initial development of any vacation travel trailer park shall not be less than two (2) acres fully developed.

(c)

Site Location. Vacation travel trailer parks shall be located at least three hundred feet (300') from any residential zoning district.

(1)

No vacation travel trailer shall be placed or erected closer than five feet (5') from the property line separating the recreational vehicle park from adjoining property, measuring from the nearest point of the vacation travel trailer.

(d)

Size, Marking and Separation of Individual Sites. Each individual site within the vacation travel trailer park that is reserved for the accommodation of any vacation travel trailer shall have an area of not less than one thousand (1,000) square feet, or forty feet (40') by twenty-five feet (25'), to provide adequate space for a recreational vehicle, a car, and a picnic table/grill. Each individual site shall be defined clearly by proper markers at each corner, shall be level, paved, and well drained.

(1)

Trailers and other recreational vehicles shall be separated from each other and permanent structures by ten feet (10').

(e)

Setback Requirements for Vacation Travel Trailers. Setback requirements for vacation travel trailers shall be as outlined in Table 4-4.

TABLE 4-4: REQUIRED SETBACKS FOR TRAVEL TRAILERS

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 58-2013, pt. 1(Exh. A), 10-24-13)

(a)

Public Street. All vacation travel trailer parks shall be directly linked by an entranceway with a public street.

(b)

Width and Radius. The entranceway shall be at least forty feet (40') in pavement width with a twenty-foot (20') curb radius on collector and arterial streets and fifteen feet (15') on local streets.

(c)

Connection to Construction Standards. The connection of the entranceway with the public street shall be constructed according to municipal construction standards.

(d)

Paving. The entrance roadway from the public street to the main office plus the parking for the office and all uses accessible by the general public shall be paved. All other surfaces intended for regular vehicular use shall have a durable surface, such as compacted base material.

(e)

Private Streets. Entranceways and interior streets shall be considered private streets.

(f)

No Access Through Residential Zoning Districts. There shall be no entrance or exit from the vacation travel trailer park through a residential zoning district.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 58-2013, pt. 1(Exh. A), 10-24-13)

(a)

Infrastructure Systems. Vacation travel trailer parks shall have the option of connecting to municipal water and sewage systems or of seeking appropriate waivers and installing private systems. Private sanitation facilities shall meet all State and City of Abilene health standards and regulations.

(b)

Refuse Containers or Areas. Refuse containers or collection sites shall be conveniently located for park residents. A central refuse collection site for the park as a whole shall be provided. Such a container shall be water tight and rodent proof. If refuse is to be collected by the City of Abilene, central refuse collection areas shall be located in conformance with City standards.

(c)

Accessory Uses. Accessory uses such as an office, recreation facilities, toilets, dumping stations, laundries, etc., shall be permitted, subject to the following restrictions:

(1)

Such establishments and the parking area primarily related to their operations shall not occupy more than ten percent (10%) of the gross area of the park.

(2)

The structures housing such facilities shall not be located closer than fifty feet (50') to any public street.

(d)

Duration of Stay.

(1)

Up to seventy-five percent (75%) of trailer sites may be allowed as long-term stay. Long-term stay trailers may be allowed for up to 12 months and must leave for a minimum of 60 days prior to returning.

(2)

Twenty-five percent (25%) of trailer sites must be designated as short-term stay. Short-term stay trailers may be allowed for up to 3 months and must leave for a minimum of 60 days prior to returning.

(e)

Sanitary Facilities.

(1)

Requirements: Each recreational vehicle park upon which two (2) or more recreational vehicles are erected or placed and where private conveniences for each site are not provided shall provide, at locations described in this section, toilets, urinals, washbasins, slop basins, showers or baths, water faucets or spigots in accordance with the following:

a.

One (1) toilet, sink, and shower for each sex per twenty (20) travel trailer sites or fraction thereof.

b.

All toilets, basins and showers shall be placed in properly constructed buildings located not more than three hundred feet (300') from any recreational vehicle unit served.

c.

Buildings shall be well lighted at all times, day or night, well ventilated with screened openings, and constructed of moisture-proof material to permit rapid and satisfactory cleaning, scouring and washing.

d.

The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.

e.

Slop sinks or basins with water supply shall be provided to serve each four units and shall be constructed in accordance with design, size and material approved by the health officer.

(2)

Toilet and Bathing Facilities: Toilet and bathing facilities shall be in separate rooms or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain onto the shower floor.

(f)

Register of Guests. A register containing the name and address of each occupant of all the park, as well as the date of arrival and departure, the make, model, year, and the license number and state, of vehicles shall be kept and available for periodic inspection.

(Ord. No. 8-2010, pt. 1(Exh. A), 4-22-10; Ord. No. 58-2013, pt. 1(Exh. A), 10-24-13)