Alvarado City Zoning Code
ARTICLE IV
SUPPLEMENTARY REGULATIONS
§ 42-55 Supplementary district regulations.
(a)
Generally.
To the extent applicable, the regulations set forth in this section shall supplement the general regulations set forth in the various zoning districts, and to the extent there is a conflict between such general regulations and these supplementary district regulations, these supplementary district regulations shall supersede them.
(b)
Calculation of setbacks.
(1)
Front yards.
The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet and subsurface structures, platforms, or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard.
a.
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a final plat.
b.
Where a building line has been established by a plat approved by the city council or by ordinance and such line requires a greater or lesser front yard setback than is prescribed by this chapter for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat provided no such building line shall be less than 20 feet, except as approved under a planned development. The board of adjustment may grant a variance to the required front yard as in other case.
c.
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
d.
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.
e.
On any corner lot for which front and side yards are required, no wall, fence, structure, sign, tree, or other planting or sloped terrace or embankment may be maintained higher than three feet above the street grade so as to cause danger or hazard to traffic by obstructing the view of the intersection from a point 30 feet back from the right-of-way corner. Visual clearance shall be provided in all zoning districts so that no fence, wall, vegetation, architectural screen, earth mounding, or landscaping obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection.
f.
Where a future right-of-way line has been established on a plat for future widening or opening of a street upon which a lot abuts, the front or side yard shall be measured from the future right-of-way line.
(2)
Side yards.
Every part of a required side yard shall be open and unobstructed except for:
a.
Accessory buildings and swimming pools as permitted herein;
b.
The ordinary projections of window sills, belt courses, cornices, and other architectural features not more than 12 inches into the required side yard; and
c.
Roof eaves projecting not more than 36 inches into the required side yard. Balconies shall not project into the required side yard.
When a non-residentially zoned lot or tract abuts upon a residentially zoned lot or tract, a minimum side yard of ten feet shall be provided on the nonresidential property. An opaque wood fence or masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line. |
(3)
Rear yards.
The required rear yard shall be open and unobstructed by any object that is greater than 30 inches in height above the average grade of the yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required rear yard.
(c)
Exceptions to yard regulations.
Chimneys shall be permitted to encroach 30 inches into any required yard in residential zoning districts.
(d)
Exceptions to height regulations.
The general height limitations contained in the various zoning district height and area regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(e)
Exceptions to lot width regulations.
This chapter shall not prohibit the use of a lot that has less width than required in the applicable zoning district if such lot was a lot of record and in separate ownership at the time of adoption of this chapter.
(f)
Structure to have access.
Every building hereafter erected, placed, reconstructed, altered or enlarged shall be on a lot adjacent to a public street, or with access to any approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(g)
Accessory buildings.
(1)
Permanent accessory buildings, residential.
Permanent accessory buildings which are placed on a permanent foundation shall be allowed in residential zoning districts subject to the following regulations:
a.
Accessory buildings shall not exceed one story in height and must be located behind the primary structure.
c.
No separate accessory building shall be erected within six feet of any other building.
d.
No accessory building shall be used as a place of habitation or for commercial purposes.
e.
The total floor area of the accessory building on one lot shall not exceed 30 percent of the floor area of the main building on the lot, except that this requirement shall not limit the floor area of an accessory building to less than 200 square feet.
f.
Accessory buildings shall not occupy more than 50 percent of the rear yard.
g.
An accessory building that exceeds 200 square feet must meet the masonry requirement of the primary structure.
h.
An accessory building may be constructed as part of the main building, in which case the regulations controlling the primary structure shall apply.
i.
No accessory building will be permitted without a primary structure being located on the same premises.
j.
No such building shall be located within or encroach upon any utility or drainage easement.
k.
No accessory building shall be placed or constructed on a lot until construction of the principal building has commenced, and no accessory building shall be occupied until the principal building is completed and is being used or occupied.
(2)
Temporary and portable type accessory buildings, residential.
Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any residential district subject to the following regulations:
a.
Accessory buildings shall not exceed 12 feet in height and must be located behind the primary structure.
c.
Maximum floor area of 200 square feet.
d.
Two per lot. Total area of accessory buildings shall not exceed 50 percent of the area behind the rear building face.
e.
No separate accessory building shall be erected within six feet of any other building.
f.
Construction material. Each accessory building must have an exterior finish of materials similar to the principal building on the lot on which it is located. A portable building less than 120 square feet may be of metal commercial kit construction and must be properly secured to prevent overturning, utilizing a method acceptable to the building official.
g.
No accessory building will be permitted without a primary structure being located on the premises.
(3)
Residential detached garage regulations.
In all residential districts, detached garages shall not exceed 25 feet in height and must be located behind the primary structure:
b.
No separate detached garage shall be erected within six feet of any other building.
c.
No detached garage shall be used as a place of habitation or for commercial purposes.
d.
The total floor area of the detached garage on one lot shall not exceed 30 percent of the floor area of the main building on the lot, except that this requirement shall not limit the floor area of an accessory building to less than 600 square feet.
e.
A detached garage shall not occupy more than 50 percent of the rear yard.
f.
A detached garage that exceeds 600 square feet must meet the masonry requirement of the primary structure. This requirement does not apply to lots greater than one-half acre.
g.
No detached garage will be permitted without a primary structure being located on the same premises.
h.
A detached garage shall provide space for not more than one motor vehicle for each 3,000 square feet of lot area.
(4)
Permanent accessory buildings, nonresidential.
The following accessory building and use regulations apply only to property in a nonresidential zoning district.
a.
The height of accessory buildings shall be the same as the primary structure.
c.
No separate accessory building shall be erected within six feet of any other building.
d.
An accessory building shall meet the masonry requirements of the primary structure.
e.
No accessory building will be permitted without a primary structure being located on the same premises.
f.
No permanent accessory building shall be located within or encroach upon any utility or drainage easement.
g.
The building may be used for any permitted accessory use allowed in the district in which the accessory building is located.
(5)
Nonresidential temporary and portable type accessory buildings.
Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any nonresidential district as follows:
a.
Construction purposes only.
In all nonresidential zoning districts, a temporary building shall be permitted for construction purposes only, provided the building shall be removed upon completion or abandonment of construction work or removed upon request of the city manager.
b.
Permit required.
Permits shall be issued for temporary buildings on construction sites for a period of six months only, with a renewal clause for a similar period.
(h)
Performance standards.
The following are maximum accepted levels of noise, vibration, smoke, particulate matter, and toxic and noxious matter allowable for all uses. To the extent these levels conflict with the levels of performance set forth in a specific zoning district, the more stringent level shall apply. These levels shall be shown on the performance standards report submitted with the required site plan unless the submission of all or part of the report is waived by the zoning administrator, based upon his determination that the proposed use will not produce the listed effects.
(1)
Noise.
The day-night average sound level at the property line shall not exceed 75 decibels, unless the property line abuts property zoned for residential uses where the maximum day-night average sound level shall not exceed 65 decibels. The day-night average sound level (LDN) is the 24-hour average sound level, in decibels, obtained after addition of ten sound decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m.
(2)
Vibration.
At the point of measurement taken on the property line of the source property which has the highest reading, the sound pressure level or impact level of any operation or plant shall not exceed the decibel limits for the octave bands designated in column I below, unless the point of measurement is located on a property line which is also the boundary line of a residential district in which case the limits set forth in column II shall apply.
Frequency (cycles/second) | Column I Displacement (in.) | Column II* Displacement (in.) |
|---|---|---|
0 to 10 | .0022 | .0008 |
11 to 20 | .0016 | .0005 |
21 to 30 | .0010 | .0002 |
31 and Over | .0005 | .0001 |
*Steady state—Vibrations, for the purpose of this chapter, which are continuous or, if in discrete pulses, are more frequent than 60 per minute. Impact vibrations, that is, discrete pulses which do not exceed 60 pulses per minute, shall not cause in excess of twice the displacement stipulated. |
(3)
Smoke, particulate matter and visible emissions.
Smoke or visible emissions emitted from any vent, stack, chimney, skylight, or window shall not exceed an opacity of 20 percent averaged over a five-minute period. Any emission of air pollutant must be in accordance with the requirements of the state. Emissions shall not exceed any of the following net ground level concentrations:
(4)
Toxic and noxious matter.
The handling processing, storage and disposal of hazardous, toxic, or noxious materials shall be in accordance with applicable state and federal laws and regulations. In addition, the city council may establish additional performance standards, including setbacks, berms, and buffers, for the siting of facilities which handle, treat, store, or dispose of potentially hazardous or dangerous materials.
(5)
Odor.
No operation shall permit odors to be released which are detectable at the property line and which offensively affect the sense of smell.
(6)
Glare.
All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zoning district boundary line.
(7)
Effluent.
If the proposed use is to emit sanitary sewage effluent containing industrial wastes or other effluent into the city's sanitary sewer system which is considered by the city engineer to be unusual to or be damaging to the sanitary sewer system, a description of methods of pretreatment of the effluent must accompany the development site plan.
(8)
Additional standards.
The city council may establish additional performance standards to protect neighboring areas and land uses from potential uses which may be hazards and nuisances.
(i)
Transmitting and receiving antennas and antenna facilities.
(1)
Purpose.
The purpose of these regulations is to establish general guidelines for the siting of antennas and antenna facilities, including telecommunications antennas and towers, and to:
a.
Protect residential areas and land uses from potential adverse impacts of antennas and antenna facilities;
b.
Encourage the location of antenna facilities in nonresidential areas;
c.
Minimize the total number of antenna facilities throughout the community;
d.
Strongly encourage co-location on both new and existing antenna facility sites as a primary option rather than construction of additional single-use facilities;
e.
Encourage the users of antenna facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
f.
Encourage users of antenna facilities to configure them in a way that minimizes the adverse visual impact of the facility through careful design, siting, landscape screening, and innovative camouflaging techniques;
g.
Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently;
h.
Consider the public health and safety of antenna facilities; and
i.
Avoid potential damage to adjacent properties from facility failure through engineering and careful siting of facilities. In furtherance of these purposes, the city shall give due consideration to the city comprehensive land use plan, zoning map, existing land uses, and environmentally sensitive areas in considering sites for the location of antenna facilities.
(2)
Amateur radio equipment and TV antennas (including ham radio and CB equipment but not including commercial uses) shall be permitted as a special exception within residential zoning districts in accordance with the following regulations:
a.
Antenna facilities may be building attached, monopoles, or lattice towers;
b.
Only one antenna facility per lot of record;
c.
An antenna that is attached to a building shall not extend more than ten feet above the building on which it is mounted;
d.
An antenna facility shall be limited to having the number and size of antenna attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements;
e.
Setbacks:
f.
Separation. There will be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;
g.
Antenna facilities shall not be permitted in any easement;
h.
Lights. No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;
i.
A building permit must be obtained prior to the construction and/or installation of an antenna facility except TV antennas;
j.
No part of an antenna, antenna facility or any attachment thereto may extend beyond the property line of the owner of such antenna or antenna facility.
(3)
Satellite receive-only antennas.
b.
A special exception is required for:
1.
A satellite receive-only antenna which exceeds one meter in diameter to be located in a residential zoning district;
2.
A satellite receive-only antenna which exceeds two meters in diameter to be located in a nonresidential zoning district except governmental antennas; and
3.
Any non-governmental independently supported commercial antenna facility.
(4)
Commercial radio, television and microwave towers.
a.
No commercial radio, television, or microwave tower shall be located within a distance equal to at least the height of such tower from any residential structure or from any residential district. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.
b.
No commercial radio, television, or microwave reflector antenna support structure shall be closer to any residential district boundary line than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two stories. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.
c.
The location of commercial radio, television, or microwave reflectors, antennas, or support structures and associated foundations and any support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.
d.
All commercial communication operations or radio, television, or microwave reflectors, antennas, or structures shall be prohibited in residential districts.
e.
All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.
(j)
Outdoor display.
The outside display or sale of goods, products, or inventory is not permitted within the nonresidential zoning districts except as set forth herein or as specifically authorized in each district.
(1)
C-1 and C-2 commercial districts.
a.
Outside display or sale of goods, products, or inventory shall be permitted only on the sidewalk adjacent to the building; provided such goods, products or inventory shall not extend more than ten feet from the building and shall not be more than five feet in height; and provided further, that there shall be at least five feet in width of unobstructed sidewalk remaining.
b.
The restrictions in subsection (j)(1)a. shall not be construed to prohibit the following, provided the sidewalk clearances as stated in subsection (j)(1)a. are met:
1.
Storage and display of Christmas trees for a period not to exceed 60 days prior to and five business days after Christmas Day each year.
2.
Merchandise dispensing units placed adjacent to a building.
3.
Storage and display of merchandise normally placed on gasoline pump islands.
4.
Storage, display, and sale of newspapers in newspaper racks or the outside display of merchandise by a retail landscape nursery.
5.
"Sidewalk sales" for periods not exceeding five days in each month.
c.
The accessory seasonal display of plant and related landscape materials such as fertilizer, peat moss, and ornamental landscape items by a permitted retail use may be displayed upon approval by the zoning administrator only under the following conditions:
1.
The plants and related materials shall be located on an all-weather hard surface.
2.
All of the plants and related materials shall be located behind the front and side building lines.
3.
The storage area for display of plants and related materials shall not occupy any required parking spaces. Excess parking spaces may be used if all other requirements in this subsection (j) are met.
4.
The storage area for display of plants shall not occupy more than five percent of the total lot area.
(2)
M-1 and M-2 districts not abutting residential district.
In districts M-1 and M-2 that do not abut a residential district, the following regulations shall apply:
a.
Outdoor display shall not be located in any required parking/loading space.
b.
If display is located within the required front yard setback, the stacking height of merchandise/inventory shall not exceed five feet nor shall merchandise/inventory be located within the public open space easement or visibility triangle of a corner lot.
c.
The restrictions in subsection (j)(2)b. shall not be construed to prohibit the following, provided the height restrictions as stated in subsection (j)(2)b. are met.
1.
Storage and display of Christmas trees for a period not to exceed 60 days prior to and five business days after Christmas Day each year.
2.
Merchandise dispensing units placed adjacent to a building.
3.
Storage and display of merchandise normally placed on gasoline pump islands.
4.
Storage, display, and sale of newspapers in newspaper racks or the outside display of merchandise by a retail landscape nursery.
(3)
M-1 and M-2 districts abutting residential district.
In districts M-1 and M-2 that abut a residential district, the following regulations shall apply:
a.
Outdoor display shall not be located in any required parking/loading space.
b.
Any property line of the nonresidential district adjacent to a residential district shall be screened from view with a screening device as defined in this chapter.
c.
No stacking of outdoor displays shall exceed the height of the required screening device.
d.
If display is located within the required front yard setback, the stacking height of merchandise/inventory shall not exceed five feet nor shall merchandise/inventory be located within the public open space easement or visibility triangle on a corner lot.
e.
A ten-foot landscaped buffer strip shall be installed adjacent to the screening device. Said landscaped buffer strip shall consist of dense evergreen shrubs, each shrub being from no less than a five-gallon container, capable of growing a minimum of six feet in height within two years of planting. A combination of evergreen shrubs and trees accomplishing the same effect as stated above may be used.
f.
The prohibition in subsection (j)(3)d. shall not apply to:
1.
Storage and display of Christmas trees for a period not to exceed 60 days prior to and five business days after Christmas Day each year.
2.
Merchandise dispensing units placed adjacent to a building.
3.
Storage and display of merchandise normally placed on gasoline pump islands.
4.
Storage display and sale of newspapers in newspaper racks.
(k)
Sand, gravel, stone or earth sales.
No sand, gravel, stone, earth or similar natural materials (materials) shall be stored or displayed for sale without such materials being placed in or upon a bunker, bin, or other man-made impervious surface. The materials may not be placed for sale or stored upon any unimproved surface.
(l)
Garage sales.
(1)
Definition.
A garage sale is the sale of items normally accumulated by a household.
(2)
Permits and conditions of sales.
a.
No person or business shall conduct a garage sale without a city-issued garage sale permit. A garage sale permit fee as adopted by resolution of the city council from time to time shall be paid to the city at the time application is made. The permit applicant must be at least 18 years of age, present a state-issued form of identification and provide a valid mailing address when obtaining a garage sale permit.
b.
No more than three garage sales shall be permitted for the same residence during any 12-month period. The duration of the garage sale shall not exceed three consecutive days.
c.
Garage sales are to be held on a lot that has a physical structure such as a home or business with a city utility account.
d.
No items shall be purchased for a garage sale for the purpose of resale.
e.
Signs advertising the garage sale shall comply with the sign code of the city.
f.
If a garage sale permit was purchased and the majority of the scheduled dates for the sale are affected by rain or other inclement weather, as determined by the city manager, a rain-out permit may be issued at no cost provided the applicant notifies the city the next business day following the expiration of the garage sale permit. A rain-out permit shall authorize the continuation of the garage sale for the number of days the sale was disrupted by inclement weather, as determined by the city manager. The new permit must be issued within 30 days of the date of issuance of the original permit. If the permit was issued for two or three days and the rain or inclement weather affects only one day during the permit period, a rain-out permit shall not be issued.
(m)
Parking of major recreational vehicles in street or public right-of-way.
In all residential districts, major recreational vehicles may be parked on a street for the express purpose of being loaded or unloaded only. Such vehicles shall not be parked in any street or public right-of-way for a period exceeding 24 hours.
(n)
Parking of vehicles for the purpose of sale.
No vehicle shall be parked on any property within the city for the principal purpose of displaying such vehicle for sale except:
(1)
On a property that is zoned and licensed for vehicle sales; or
(2)
On residentially zoned property not more than one vehicle may be displayed for sale at any time if such vehicle is owned by a resident on the residential premises. There shall be a rebuttable presumption that a vehicle is parked for the principal purpose of displaying said vehicle for sale if it is parked in such a location with a "for sale" sign or other indication that the vehicle is for sale.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015; Ordinance 2022-0020, sec. 1, adopted 11/21/2022; Ordinance 2024-0018 adopted 9/16/2024)
§ 42-56 Site plans.
(a)
Generally.
Whenever a site plan is required by this chapter, the site plan must conform to the requirements of this section.
(b)
Administrative site plans.
Site plans may be approved administratively by the zoning administrator unless approval is required under subsection 42-56(c). An aggrieved party may appeal the decision of the zoning administrator to the board of adjustment in accordance with the provisions of this chapter.
(c)
City council approval.
The following site plans must be acted upon by the city council after recommendation by the planning and zoning commission:
(1)
A site plan submitted in conjunction with an application for a specific use permit in any zoning district (public hearing required);
(2)
A site plan submitted in conjunction with an application for a zoning change to GH, MH-1, MH-2, MH-3, MF, M-1, M-2, CBD, or I.
Changes in any site plan approved by the city council shall be processed the same as the original approval of the site plan, unless a determination is made by the zoning administrator that a proposed change of detail does not alter the basic relationship of the proposed development to adjacent property, and does not alter the uses permitted or increase the density, floor-area ratio, height ratio, or reduce the yards provided at the boundary of the site as indicated on the approved site plan. Such changes may be authorized by the zoning administrator. An aggrieved party may appeal the decision of the zoning administrator to the zoning board of adjustment in accordance with the provisions of this chapter. |
(d)
Site plan review.
The purpose of site plan review is:
(1)
To insure compliance with the zoning ordinance, while allowing for design flexibility;
(2)
To assist in the orderly and harmonious development of the city;
(3)
To protect adjacent uses from obstructions to light, air, and visibility;
(4)
To provide protection from fire;
(5)
To avoid undue concentrations of population and overcrowding of land; and
(6)
To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.
(e)
Notice and hearing.
The following notice and hearing requirements shall apply to site plans requiring city council approval:
(1)
Owners of record of property within 200 feet of the property under consideration will be notified of site plan consideration by the planning and zoning commission.
(2)
The zoning administrator shall have at least one sign erected on the property for which site plan consideration of the planning and zoning commission has been requested. The sign shall have total area of at least four square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a site plan and the telephone number of the public official from whom dates of public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the review or approval of any site plan or the holding of any public hearing.
(3)
Hearings held by the city council for consideration of site plans for specific use permits shall be conducted in accordance with the provisions of state law and section 42-96. An approved site plan for a specific use permit shall become part of the amending ordinance.
(4)
A separate notice and hearing shall not be required for site plan approval in connection with a zoning change or other action requiring notice and a hearing.
(f)
Form and content.
The site plan shall contain the information listed below, as determined applicable by the zoning administrator. Any or all of the required features may be incorporated on a single drawing, if such drawing is clear and capable of evaluation by the planning and zoning commission, the city council, and the officers required to enforce and interpret this chapter.
(1)
A scale drawing on a minimum sheet size of 18 inches by 24 inches is required, showing any proposed public or private street(s) and alley(s); building site(s) or building lot(s); any area(s) proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets and an accurate survey of the boundary of tract, as well as a ledger size (11 inches by 17 inches) for file purposes.
(2)
Topography with contour interval of not less than two-foot intervals.
(3)
Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required.
(4)
Where building(s) are proposed, a site plan showing the location of each building and the minimum distance between building(s), and between building(s) and the property lines, street lines and/or alley lines, shall be submitted.
(5)
The square footage of each proposed building on the site.
(6)
Front, side, and rear building elevations of all proposed structures.
(7)
The height of the building(s) and type of construction materials.
(8)
A plan indicating the arrangement and provision of off-street parking, off-street loading, and points of entry from adjoining streets.
(9)
Landscape plan.
(10)
Fire lanes as designated by the fire department.
(11)
The location of all fire hydrants.
(12)
A table showing land area, building area, parking area and a ratio of building area and land area, and a ratio of building/parking area and land area.
(13)
The location of all outside facilities for waste disposal.
(14)
The type, location, height, and orientation of all external illumination facilities.
(15)
The location, size, height, and orientation of all proposed signs.
(16)
The 100-year floodplain and floodway limit locations and showing the floodplain map number and date.
(17)
A drainage plan shall be made a part of the site plan for development projects influenced by or containing major drainageways or containing flood-prone areas as determined by the city engineer.
(18)
A performance standards report if deemed necessary by the zoning administrator because of the characteristics of the activities to be conducted on the site.
(19)
All pedestrian walks, malls, and open area(s) for use by tenants or the public; the types of surfacing of such paving or turfing to be used at all locations on the site.
(20)
Scale, north arrow, date of site plan preparation, and name(s) and address(es) of those responsible for the preparation of the site plan.
(21)
Title block, name of owner/applicant, developer, land planner, and/or other relevant participant.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-57 Parking regulations.
(a)
General provisions.
In all zoning districts there shall be provided, in connection with appropriate allowable use, off-street vehicle parking space in connection with the following requirements. In any case where specific requirements result in a fraction of a parking space the next larger whole number of spaces shall be required.
(b)
Certificate of occupancy.
All land uses must provide paved parking areas at the time of the issuance of the certificate of occupancy. In situations that demonstrate unique and unusual circumstances, as determined by the zoning administrator, an administrative, one time extension may be given for an additional six-month period.
(c)
Off-street parking.
Shall mean all areas dedicated to parking and maneuvering that are located on-site. Off-street parking will not be permitted in any street right-of-way.
(d)
Requirements for off-street parking spaces.
For the purpose of this section, an off-street parking space shall be a minimum of nine feet in width and 18 feet in length as set forth below (see figure 57-1, which is incorporated in and made a part of this chapter).
Type and Angle | Length (ft.) | Width (ft.) |
|---|---|---|
Single row 90 degree | 18 | 38 including drive lane |
Two rows 90 degree | 18 | 56 including drive lane |
Single row 60 | 18 | 34 including drive lane |
Two rows 60 | 18 | 52 including drive lane |
Single row 45 | 18 | 30 including drive lane |
Two rows 45 | 18 | 48 including drive lane |
Single parallel to aisle | 20 | 9 |
(See also figure 57-1, which is incorporated in and made a part of this chapter.) |
FIGURE 57-1 PARKING LOT LAYOUT  |
(e)
Entrances, exits, and internal circulation in nonresidential districts.
In nonresidential districts, when driveways are less than 20 feet in width, separate marked entrances and exits shall be provided so that traffic shall flow in one direction only. Entrances and exits to an alley may be provided if prior approval is obtained in writing from the city. When more than one aisle is provided, adequate internal circulation shall be provided between the aisles to allow movement between the aisles without using public right-of-way.
(f)
Non-parking areas and maneuvering space.
No parking shall be allowed in nonresidential districts within an area measuring 18 feet square with one side of the square along a property line and a second side of the square along the width limit of a drive approach in any district. The above noted 18-foot square area of no parking shall be behind the property line and adjacent to the throat of a driveway. The requirements of this subsection are depicted on figure 57-2, which is incorporated in and made a part of this chapter. Maneuvering space shall be completely off the right-of-way of a public street, place or court.
FIGURE 57-2  |
(g)
General parking surfaces.
In all zoning districts, parking areas, vehicle maneuvering areas, loading areas, driveways and approaches for all uses, including one- and two-family dwellings, shall be a paved surface, unless otherwise specified in this chapter. All parking requirements applying to a stated unit of measurement shall be understood to include a parking space for each unit or fraction thereof.
(h)
Change in use.
In nonresidential zoning districts, when the occupancy of any building is changed to another use, parking shall be provided to meet the requirements of this section for the new use.
(i)
Parking areas that utilize rights-of-way.
In nonresidential districts, parking areas which would require the use of public rights-of-way for maneuvering shall not be acceptable for the furnishing of required off-street parking spaces other than for one- and two-family dwellings. Parking parallel to the curb on a public street shall not be substituted for off-street requirements. Parking is limited to private property; the use of rights-of-way area between the property line and the back of the curb is contrary to this chapter.
(j)
Loading and unloading requirements.
In nonresidential districts, all business uses shall provide and maintain, in addition to other parking requirements, off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public street. The loading and unloading zone must be distinct from the drive lane. No portion of the drive lane shall be included as part of the loading and unloading zone. Such space shall consist of a minimum area of ten feet by 25 feet and be provided as follows:
Gross Floor Space (sq. ft.) | Loading or Unloading Berths |
|---|---|
25,000 feet or less | 1 |
25,001 to 84,000 | 2 |
84,001 to 156,000 | 3 |
156,001 to 236,000 | 4 |
Each 100,000 additional | 1 additional |
(k)
Handicapped parking spaces.
In each parking facility in districts MF, C-1, C-2, M-1, M-2, CBD, and I, a portion of the total parking shall be specifically designed, located, and reserved for vehicles licensed by the state for use by the handicapped. These spaces will be provided according to the following schedule:
Total Spaces in Lot | Minimum No. of Handicapped Spaces |
|---|---|
Up to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
Over 501 | 2% of total |
Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 13 feet wide by 18 feet long, with a vertical clearance of 7.5 feet, shall be located in an area not exceeding two percent slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. Parking spaces for the handicapped shall be signed in accordance with state law and restricted for use by the handicapped only. |
(l)
Landscaping of parking lots.
It is the purpose of this section to require incorporation of landscaping into the design and construction of parking areas while maintaining standards necessary for safe parking and maneuvering space. Within parking lots, landscaping shall be provided as follows:
(2)
Unless otherwise approved by the zoning administrator, trees planted to satisfy parking lot landscape requirements shall be chosen from the species specified by section 42-58(g).
(3)
Existing, on-site trees of any species that are of six inches minimum caliper, measured 12 inches above grade may be counted towards landscaping requirements established for parking lots.
(4)
An irrigation system must be provided with all landscape plans. Irrigation plans shall comply with the design standards set forth by the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation.
(5)
Landscaping adjacent to public rights-of-way.
a.
A five-foot landscaped strip shall be provided adjacent to all public and private rights-of-way on lots with an area greater than one acre, but less than five acres.
b.
A ten-foot landscaped strip shall be provided adjacent to all public and private rights-of-way on lots with an area greater than five acres.
c.
Within landscaped strips adjacent to rights-of-way, landscaping shall be required as follows:
1.
One canopy tree or two ornamental trees, at a minimum three-inch caliper, for each 60 linear feet of frontage.
2.
An average density of one five-gallon evergreen shrub for each five linear feet of frontage; provided, however, that any landscaping materials that will be located within ten feet of any public right-of-way shall not, at ultimate growth, exceed 30 inches in height above street grade unless otherwise permitted by the city. Shrubs may be grouped to provide variety in design.
3.
A landscaped berm may be provided in lieu of required shrubs. The berm must be an average height of three feet, but in no case less than 18 inches, above the average grade of the street and parking lot curbs, and must be planted with evergreen groundcover and/or shrubs to provide full plant coverage of the berm surface area. A variation in height of the berm is encouraged. Shrubs may be grouped to provide variety in design. The combined height of the berm and ultimate height of plant materials shall not exceed 30 inches in height from street grade in any area that is within ten feet of a public right-of-way.
(6)
Parking lot interior.
a.
Developments with an area less than five acres shall be designed with a maximum of 20 parking spaces between landscape islands. Parking aisles of 20 or more spaces in length shall terminate in landscape islands.
b.
Developments with an area five acres or greater shall provide one landscaped island at least 162 square feet in area for each 12 parking spaces.
c.
Within parking lot interiors, landscaping shall be provided as follows:
1.
One canopy tree or one ornamental tree at a minimum three inches in caliper per landscape island.
2.
Grass, evergreen groundcover or shrubs to a maximum ultimate height of 30 inches from parking lot grade, of a type that will provide full coverage of the landscape island shall be provided. Planted area shall be exclusive of the area within 18-inch radius from each required tree.
3.
Areas that are not covered with live plant materials shall be permanently maintained with natural mulch materials such as hard wood, pine bark, or other typical mulch materials.
(7)
Exception: accessible parking. The design and location of accessible parking spaces shall comply with the State of Texas Architectural Barriers Act. A landscape island may be omitted at an aisle termination for the purpose of providing required access to accessible parking spaces.
(8)
Landscape material which is located within the interior of a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 24 inches in height and seven feet in height. No shrubs shall exceed 24 inches in height. Tree canopies shall be at least seven feet in height.
(9)
For large existing trees located in the parking area, which are being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.
(10)
For each landscaped island of at least ten feet by 20 feet located within a parking lot, credit for four parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than ten percent or to less than ten total spaces.
(11)
Curbing or other protective devices or barriers shall be installed to protect landscaped areas from vehicular encroachment.
(m)
Safety standards for off-street parking.
(1)
Safety barriers, protective bumpers or curbing shall be provided to prevent encroachment onto abutting public or private property.
(2)
Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, when circulating within a parking facility, and when entering and exiting a parking facility.
(3)
Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.
(4)
Lighting.
Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use, and shall not cause glare to traffic on a public roadway.
(5)
Fencing and screening.
A parking lot in any nonresidential district which abuts residentially zoned property shall have a wall or privacy fence not less than six feet in height located for the length of the common property line. However, such a fence shall not be required within the front or exterior setback area of the nonresidential use.
(6)
Noise
Areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound reduction.
(7)
Maintenance.
All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended.
(8)
Drainage.
All parking facilities shall be graded and provided with permanent storm drainage facilities, meeting the construction specifications set by the city engineer.
(n)
Existing buildings.
Nothing in this section shall require the furnishing of additional parking spaces for existing buildings which are not enlarged or changed to a new use.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-58 Landscaping and screening standards.
(a)
Purpose.
(1)
It is the purpose of this section to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping and the retention of existing trees, which are intended to:
a.
Promote the value of property, enhance the welfare, and improve the physical appearance of the city and protect the character and stability of residential, commercial, institutional and industrial areas within the city;
b.
Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and unvegetated surfaces within the urban environment; and
c.
Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the city.
(2)
This section establishes landscaping requirements only in zoning districts C-1, C-2, M-1, M-2, and I and for all specific uses that specify that the requirements of this section be met.
(3)
Single-family, manufactured home subdivision and two-family residential uses shall be required to conform to the requirements of subsection 42-58(i).
(4)
Developments within the MF and MH-1 zoning districts shall be required to comply with the landscaping requirements set forth in section 42-58(j).
(5)
Nonresidential uses located within the SF-1, SF-2, GH, TF, MF, MH-1, MH-2, and MH-3 zoning districts, which consist of principal structures, parking areas, and signage, shall be required to comply with the requirements contained in this section.
(b) Artificial plants Caliper Canopy tree Development Grasses Groundcover Irrigation system Landscaping Landscape area Shrubs
Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
means a manufactured or assembled representation of live plant material constructed from man-made material for the purpose of closely resembling live plant material and to be used as a substitute to live plant material.
means the diameter of the trunk of a tree measured 12 inches above the ground.
means a perennial woody plant single or multiple trunk, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as a shade tree.
means the changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property.
means thin and broad-bladed surface material typically planted from seed, sprigs, or plugs with the intention of providing a uniform and aesthetic groundcover very close to the surface of the ground.
means and consists of low-growing, dense-spreading plants typically planted from containers.
means a method of conveyance and application of water to live plant material for the purpose of maintaining said plant material in a live and healthy condition.
means the planting, arranging, cultivating, and maintenance of live plant material in such a manner that said material is aesthetically pleasing and contributes to the overall design of a development site.
means and consists of an area included in and around a development site that has been planned to complement the development site with natural grass, groundcover, trees, or other natural plant materials.
consists of plants that grow vertically in a multi-branched growth pattern from the ground level to heights usually not to exceed six feet. These plants may be sculpted and trimmed to present aesthetic shapes and forms.
(c)
Events requiring compliance.
Land uses not previously subject to landscaping requirements shall be required to comply with this section upon issuance of a building permit satisfying either of the following conditions:
(1)
Remodeling, alterations or additions for which a site plan is required under the terms of this zoning chapter; or
(2)
Remodeling or alterations taking place within a 12-month period the total value of which exceeds 25 percent of the valuation of property improvements (excluding land value) as shown on the current county tax rolls.
(d)
Landscaping.
Landscape installation is required as follows:
(1)
Landscaping of 20 percent of the total lot shall be required, unless credits are obtained by additional plantings as set forth in subsection 42-58(g). Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants in excess of the minimum standards established in this section may not reduce the landscape requirement to less than ten percent of the total lot area;
(2)
Where the construction is to be a single-phase or multi-phase development, only the area being constructed in the current phase shall be required to comply with the landscape regulations. However, each phase will be required to meet the landscaping requirements as it is being developed;
(3)
The use of native and adapted, drought-tolerant plants is encouraged to meet requirements of this section;
(4)
Artificial plants or artificial turf are expressly prohibited;
(5)
An irrigation system must be provided with all landscape plans for nonresidential development. Irrigation plans shall comply with the design standards set forth by the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation;
(6)
The term "ornamental tree" shall be defined as a single- or multi-trunk tree with a maximum height of approximately 30 feet and maximum crown diameter of approximately 30 feet, and a minimum height of approximately 20 feet and minimum crown diameter of approximately 15 feet;
(7)
Grass, groundcover, trees, shrubs, flowering and non-flowering plants, stonework, and water features may all be used as components of required landscaping in conjunction with the following minimum planting standards:
a.
Grass and/or groundcovers shall not be allowed to comprise over 90 percent of any required landscape area.
(e)
Landscaping plan required.
(1)
The landscape plan may be prepared by the applicant or his designee. The landscape design is not required to be prepared by a registered or certified professional. Any required irrigation system must be designed in accordance with the standards of the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation.
(2)
The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this section shall be provided and approved prior to the issuance of a building permit.
(3)
The landscape plan shall contain the following information:
a.
Scale of drawing;
b.
Location of all trees to be preserved. The method of preservation during the construction phase of development shall be approved by the zoning administrator;
c.
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
d.
Species of all plant material to be used;
e.
Size of all plant material to be used;
f.
Spacing of plant material where appropriate;
g.
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
h.
Description of a plan that will be implemented to maintain the landscaping and other landscape features shown on the landscape plan; and
i.
Persons responsible for the preparation of the landscape plan.
(f)
Location criteria.
(1)
Not less than 40 percent of the total landscaping shall be located in the designated front yard.
(2)
In the M-1 and M-2 districts only the front yard 40 percent of the total 20 percent coverage shall be required. The rear and side yard landscape requirements may be waived upon submittal of a landscape plan showing other requirements.
(3)
All landscape material shall comply with visibility requirements of the city regulations including the subdivision ordinance and this chapter.
(g)
Credits for landscape area reduction.
Required landscape area may be reduced to less than the 20 percent specified by subsection 42-58(d). As provided below, the application of credits shall not reduce the required landscape area to less than ten percent of the total lot area. Reduction of area may be achieved by planting additional trees, shrubs, and flowering plants. Area reduction credits may be granted for additional enhancements in the following manner:
(1)
Three-inch caliper tree, planted or saved: 200 sq. ft.
(2)
Six-inch tree caliper, planted or saved: 400 sq. ft.
(3)
One shrub, less than five gallons: ten sq. ft.
(4)
One shrub, five gallons or greater: 25 sq. ft.
(5)
For each one square foot of drought tolerant area: two sq. ft.
a.
Total landscaping on a lot shall not be reduced through credits by more than 50 percent of the landscaped area required.
b.
Drought tolerant area and methodology shall be clearly located and detailed on the site plan.
c.
Area reduction credit, based on tree size, shall be granted for all saved trees regardless of species.
d.
Unless otherwise approved by the zoning administrator, area reduction credit for newly planted trees shall only be granted for installation of the following species:
Afghan pine
Bald cypress
Bigtooth maple
Bur oak
Caddo maple
Canopy trees
Chinese pistache
Crape myrtle
Dogwood
Eastern red cedar
Eve's necklace
Flowering crabapple
Forest pansy redbud
Lacebark elm
Little gem magnolia
Japanese maple
Mexican plum
Oklahoma redbud
Ornamental pear
Ornamental trees
Osage orange
Pecan
Shumard oak
Southern live oak
Southern magnolia
Texas red oak
Western soapberry
(h)
Installation and maintenance.
(1)
All required landscaped area shall be permanently landscaped with living plant material, and shall have either have an irrigation system installed or shall be accessible to a hose bib, faucet, or other water source on the same lot or tract. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements.
(2)
Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
(3)
All plant materials shall be maintained in a healthy, neat and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.
(4)
Plant materials which die shall be replaced with plant materials of similar variety size within 90 days, with a one-time extension not exceeding 90 days being provided upon approval of the zoning administrator.
(i)
Landscaping for single-family, manufactured home subdivision and two-family residential uses.
The landscaping requirements set forth in this subsection shall apply to SF-1, SF-2, GH, TF, MH-2 and MH-3 residential districts.
(1)
Lots shall have a minimum landscaping requirement of one canopy tree located in any required front yard.
(2)
Required canopy trees shall be a minimum of three caliper inches.
(3)
Existing trees of equal or greater size within the front yard area may be counted toward this requirement.
(4)
In cases when the applicant can show that required trees cannot reasonably be placed on the lot due to size, configuration or amenities, the zoning administrator may reduce the required number of trees to a number that can reasonably be accommodated on the subject lot.
(j)
Landscaping in MF and MH-1 districts.
The following minimum requirements shall be observed for development located within the MF and MH-1 districts.
(1)
Landscape buffer of 20 feet will be required along any property line abutting a SF-1, SF-2, GH, MH-2, MH-3 or TF residential district.
(2)
Not less than 20 percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways, and internal streets.
(3)
Landscaping consisting of the planting of new or retention of existing shrubs, trees, and flowering plants shall be placed in the yard facing any public roadway.
(4)
Method of irrigation must be indicated on the site plan.
(5)
All landscaping shall be permanently maintained. Should any plant material used in any landscaping required under this chapter die, the owner of the property shall have 90 days after notification from the city to obtain and install a suitable replacement plant material. Landscaped areas shall be kept fee of trash, litter, weeds and other material or plants not a part of the landscaping.
(6)
An irrigation system must be provided with all landscape plans in the MF and MH-1 districts. Irrigation plans shall comply with the design standards set forth by the state commission on environmental quality, in Texas Administrative Code title 30, chapter 344, Landscape Irrigation.
(k)
Certificate of occupancy.
(1)
All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of a certificate of occupancy being granted. A one-time extension not to exceed 90 days may be granted upon approval of the zoning administrator.
(2)
If landscaping requirements have not been satisfied within the 90-day period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this chapter.
(l)
Nonconforming uses and lots.
All uses that were in existence at the time of the adoption of this section, which do not meet the landscape requirements, will be considered nonconforming. These nonconforming uses/lots will be subject to the following.
(1)
When the owners of properties that do not comply with the landscape requirements of this section are required to provide landscaping, the minimum standards in this subsection shall apply.
(2)
A minimum of ten percent of total lot area must be devoted to landscaping. Grass, groundcover, trees, shrubs, flowering and non-flowering plants, stonework, and water features may all be used as components of required landscaping in conjunction with the following minimum planting standards:
a.
Grass and/or groundcovers shall not be allowed to comprise over 90 percent of any required landscape area.
(m)
Modification of landscape requirements.
The zoning administrator may approve minor variations in the location of required landscape materials due to unusual topographic constraints, setting requirements, preservation of existing stands of native trees or similar conditions, or to maintain consistency of established front yard setbacks. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials. The landscape plan shall be submitted to the zoning administrator and shall specify the modifications requested and present a justification for such modifications.
(n)
Relief from landscaping requirements.
The planning and zoning commission and city council may, upon completion of the following, grant relief from landscaping requirements in situations where the individual circumstances, such as the presence of existing facilities or unusual topography, limit the applicant's ability to comply with the landscaping requirements:
(1)
Application for relief from landscaping requirements may be made by any property owner, or other person having a proprietary interest in the property for which relief is requested.
(2)
Applications shall be made in writing and shall specify the property conditions or considerations that make the requested relief necessary.
(3)
Applications shall include a proposed landscape plan, drawn to scale, illustrating the area available for landscaping and specifying proposed plantings by size, type and location. The proposed plan shall indicate the means by which irrigation will be provided and provide a phasing schedule for completion of the plan.
(4)
Applications shall be accompanied by an application fee as currently established or as hereafter adopted by resolution of the city council from time to time.
(5)
Applications shall be presented to the planning and zoning commission. Applications for relief shall not require a public hearing. The planning and zoning commission, after considering a proposed plan, may recommend that it be approved as presented, approved with modification, or denied.
(6)
Following consideration by the planning and zoning commission, a proposed landscape plan shall be forwarded to the city council with the commission's recommendation. The city council shall act to approve a plan, as presented, approve it with modifications, or deny the application.
(7)
City council's action regarding a proposed landscape plan shall be documented as follows:
a.
If approved, the zoning administrator shall sign two copies of the approved plan. One copy shall be returned to the applicant. The second copy shall be retained as permanent record by the city.
b.
If approved with modification, the applicant shall amend the plan to reflect the required modifications. The applicant shall return two copies of the amended plan to the city within 14 calendar days of the city council's action to approve the plan with modifications. The zoning administrator shall sign two copies of the amended plan. One copy shall be returned to the applicant. The second copy shall be retained as permanent record by the city.
c.
If disapproved, the zoning administrator shall sign two copies of the plan that have been marked as being disapproved. A letter prepared by the zoning administrator, stating the reasons for disapproval, shall be attached to each signed plan. One copy of the plan shall be returned to the applicant. The second copy shall be retained as permanent record by the city.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-59 Fences.
(a)
No fence or hedge shall exceed four feet in height in the required front yard in any district.
(b)
No fence shall exceed eight feet in height, except as otherwise provided in this chapter.
(c)
Fences shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area.
(d)
Notwithstanding any other provision of this section, where subdivisions are platted so that the rear yards of residentially zoned lots, including but not limited to SF-1, SF-2, GH, TF, MH-1, MH-2, MH-3, MF, and residential PD, are adjacent and back to a dedicated roadway, the developer shall provide, at his sole expense, a brick or decorative solid masonry wall with a minimum height of six feet located on the street right-of-way line.
(1)
When a brick or masonry wall is erected adjacent to a dedicated roadway, the color of the wall shall be uniform and/or compatible on both sides of a street between two intersecting streets. When walls are built in sections, the color shall be as closely similar as possible, but shall in no case be incompatible.
(2)
All brick and masonry screening walls shall be placed on an engineered concrete footing, with provision for drainage under the wall. Masonry or brick columns shall be expressed at a minimum of 30 feet on centers and should typically be taller than the remainder of the wall. The exterior of all sides of each wall shall be finished with the same material and shall be similar in appearance. Developers are encouraged to create offsets in brick or decorative masonry walls to provide visual variety. At development and subdivision entry features, all walls and raised planter beds shall be of brick or decorative masonry construction.
(3)
Developers are encouraged to create offsets in brick or masonry walls to provide visual variety.
(e)
No fence shall impede the visibility of or from any point of ingress or egress to any parking lot or driveway or any intersection of a street or highway.
(f)
On any corner lot for which front and side yards are required, no wall or fence shall cause danger or hazard to traffic by obstructing the view of the intersection from a point 30 feet back from the right-of-way corner. Visual clearance shall be provided in all zoning districts so that no fence or wall obstructs the vision of a motor vehicle driver approaching any street, alley or driveway intersection.
(g)
Prohibited materials.
Electrical fences or electrical attachments of any type designed to administer a shock, shall not be constructed within the legal limits of the city. Permanent barbed wire and razor wire fences of any type or dimension shall not be constructed within the legal limits of the city. Vee arms or base and arms with barbed wire not to exceed three strands will be permitted in all districts except SF-1, SF-2, GH, TF, MH-1, MH-2, MH-3, MF, or any residential planned development and said attachments shall be considered as part of the fence in determining the height of the fence and shall not protrude over property lines. The lowest strand of barbed wire shall be a minimum of six feet above ground level.
(h)
Temporary fences.
Temporary fencing for the purpose of protecting or securing of construction sites shall be allowed and must be removed at the completion of the project.
(i)
Inspection.
When a fence is completed it must be inspected. The office of the building official shall be notified upon completion of the fence. The building official will issue a card of acceptance if the fence complies with the provisions of this chapter or it will be rejected. All fences constructed under the provisions of this chapter shall be maintained so as to comply with the requirements of this chapter at all times.
(j)
Existing fences.
Any fence constructed prior to enactment or amendment of this chapter will not be restricted by this chapter. Any fence constructed at any time on property not within the city, but annexed by the city at a later date will not be restricted by this chapter. Any fence reconstruction, modifications, enlargements, extensions, alterations or any construction other than maintenance of the fence as it existed at the time of enactment or amendment of this chapter or annexation of property containing the fence shall be regulated by this chapter.
(k)
Emergency ingress and egress required.
In order to allow ingress/egress of emergency and maintenance personnel and equipment, at least one self-closing and self-latching gate or opening not less than three feet in width shall be required with each fence or wall that is adjacent to or running parallel with a public right-of-way, alley, drainage, utility or access easement. One such opening is required for each lot or in cases when the lot frontage is greater than 200 feet, an opening or gate shall be located not more than 200 feet from another opening on the same property. Double frontage lots shall be required to have an opening only on the street used as the frontage for the property.
(l)
Property owners' responsibility.
The construction of a fence or wall on the property line shall not negate the owners' responsibility to maintain and keep the following specified areas free and clear of debris and high weeds:
(m)
Maintenance of fences.
The owner or any person who has a fence shall be responsible for maintaining the fence in a neat and functional condition.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)