a.

Purpose and intent. The purpose of the Downtown Urban Design District (hereafter in this Division, "District") is to establish design standards for new construction and certain renovations of property in the downtown area in order to protect and enhance the character of downtown, encourage economic development and protect property values.

b.

Boundaries of Downtown Urban Design District. The District includes all land located within the area bounded by the following:

Beginning at a point in the west right-of-way line of Washington Street, same being the southeast corner of Lot 1, Block 1, Flynns Addition;

Thence north along the west right-of-way line of Washington Street to a point being the northeast corner of Lot 9, Block 7, The Revised Map of Madden Addition;

Thence northeasterly across SW 11 ^th Avenue to a point being the southeast corner of Lot 5, Block 130, Plemons Addition;

Thence north along the west right-of-way line of Adams Street to a point being the northeast corner of Lot 1, Block 70, Glidden and Sanborn Addition;

Thence east along the south right-of-way line of SW 5 ^th Avenue to a point being the northeast corner of Lot 20, Block 65, Glidden and Sanborn Addition;

Thence north along the west right-of-way line of the 20ft. alley in Block 65, Glidden and Sanborn Addition as projected north to a point being 150ft. north of the northeast corner of Lot 18, Block 9, Glidden and Sanborn Addition;

Thence east along the north property line as projected east to a point being 90ft. north of the northeast corner of Lot 1, Block 2, Glidden and Sanborn Addition;

Thence northeasterly to a point being 185 ft. north of the northwest corner of Lot 10, Block 1, Glidden and Sanborn-Holland Addition;

Thence east to a point being 190 ft. north of the northeast corner of Lot 1, Block 347, Holland's Addition;

Thence south along the east property line Lot 1, Block 347 as projected north, to a point 190 ft. south of the southeast corner of Lot 5, Block 347, Holland's Addition;

Thence southwesterly along the west line of the BNSF railway property, crossing SE 3 ^rd and SE 4 ^th Avenues, to a point 380 ft. east of the northeast corner of the SE 5 ^th Avenue and Grant Street intersection;

Thence west along the north right-of-way line of SE 5 ^th Avenue as projected east from the northeast corner of the SE 5 ^th Avenue and Grant Street intersection, to a point being 180 ft. east of the just mentioned intersection;

Thence south along the east right-of-way line of the 20 ft. alley in Block 352, Mirror Addition as projected south, to a point being 25 ft. east of the northeast corner of Lot 24, Block 402, Mirror's Addition;

Thence southwesterly to a point being the northeast corner of Lot 1, Block 205, Plemons and Mirror Addition;

Thence continuing southwesterly to a point being the southeast corner of Lot 5, Block 235, LA Wells Subdivision;

Thence westerly to a point being the southeast corner of Lot 28, Block 235, LA Wells Subdivision;

Thence west along the south lot line of Lot 28, Block 235 as projected west to a point being the southwest corner of Lot 5, Block 239, JW Cartwright's Subdivision;

Thence west along the north right-of-way line of Interstate-40 west to a point being the southeast corner of Lot 1, Block 1, Flynns Addition and being the point of beginning.

c.

Relationship of Downtown Urban Design District to the Base Zoning Districts. The Downtown Urban Design District is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property. Development of projects in the District shall be subject to the Downtown Urban Design Standards in accordance with this Division. In the event of any conflict between such Standards and any provision of this article, the Standards shall control for propertied within the District.

(Ord. No. 7223, § 2, 7-20-2010)

Development in the District is subject to the development standards contained in the "Downtown Urban Design Standards" (hereafter in this Division, "Standards") as stated in the Exhibit attached to this Division. The Downtown Urban Design Standards are hereby approved and adopted. Such Standards shall be appended to the zoning ordinance, Chapter 4-10 of the Municipal Code of Ordinances as Appendix XXI (B). In the event there is a difference between the Standards and this Division that cannot be harmonized, then the provisions in the Standards shall prevail.

(Ord. No. 7223, § 2, 7-20-2010)

Editor's note— It should be noted that the Exhibit referenced above is not set out at length herein, but is on file and available for inspection in the planning department of the city.

a.

Within the District, issuance of a certificate of appropriateness reflecting compliance with the Standards is required as a prerequisite condition for the issuance of any building permit by the Building Safety Department for projects described in the next sentence. Applications for a building permit may be submitted in conjunction with an application for a certificate of appropriateness, however, no building permit shall be issued for new construction, expansion, renovation, remodeling or other alterations to the exterior of any building (other than painting), parking lot, or public right-of-way or common area open to the public within the District, until a certificate of appropriateness reflecting compliance with the Standards is approved by either the Downtown Design Review Board or the Planning Department as provided in this Article.

b.

Although the Standards address a variety of features or aspects, only the activity or activities to be actually undertaken by the property owner or tenant is subject to review for compliance with the Standard applicable to that feature or aspect undertaken.

c.

A Certificate of Appropriateness certifies only that the submitted plans and other documents comply with the Downtown Urban Design Standards. It does not waive or certify compliance with any other applicable law, ordinance, or procedures such as but not limited to: platting and subdivision regulations, Americans with Disabilities Act, various building and construction codes, environmental, health and safety laws, matters within the purview of general or base zoning regulations for the location.

d.

A Certificate of Appropriateness expires one (1) year after date of approval.

e.

(i)

The Planning Director or designee is authorized to review and approve a certificate of Appropriateness for any of the following items that meet the Standards:

• Signage

• Landscaping and street lighting

• Sidewalk construction, including trees and furnishings

• Minor modifications to the exterior of existing buildings (but excluding painting). For purpose of this subsection, a "minor modification" means one that is not a "major modification" as defined below.

• Temporary construction facilities

• Historic buildings restored to the original state (in kind)

(ii)

Only the Downtown Design Review Board may approve a Certificate of Appropriateness for the following items:

• New construction (meaning construction of a new building on the property)

• Major modification to the exterior of buildings (but excluding painting), which means exceeding fifty (50) percent of the existing building value as shown on the tax rolls (prior to the improvement) and the improvement has a cost of fifty thousand dollars ($50,000.00) or greater.

• Matters that Planning Director or designee refers to the Board

• Requests that vary from the Standards

(Ord. No. 7223, § 2, 7-20-2010)

A pre-design conference with the Planning Director or designee is required before an applicant makes application for a certificate of appropriateness that is to be heard by the Design Review Board. These same materials are required for a certificate of appropriateness that is intended to be issued by the Planning Director or designee. Applicant must provide either an electronic version or two (2) hard copies of a site plan containing the following information to (as applicable to the nature of the specific project):

1.

Footprints of all existing structures;

2.

Proposed footprints of all new structures;

3.

Existing structures adjacent to the property;

4.

Existing and proposed floor plans of first and second floors (schematic drawings);

5.

Building setbacks;

6.

Location of parking areas;

7.

Location of landscape areas;

8.

Two (2) copies of building elevations for all sides of the building;

9.

Photographs of the site and adjoining properties.

(Ord. No. 7223, § 2, 7-20-2010)

The following materials shall be submitted to the Planning Department in connection with an application for a certificate of appropriateness to be heard by the Downtown Design Review Board. The materials must be submitted at least fourteen (14) days before the meeting of the design review board at which the application for a certificate of appropriateness will be considered. The applicant shall provide an electronic version or ten (10) hard copies of each of the following items as appropriate to the nature of the project:

1.

Site plan including:

a.

Footprints of all existing structures;

b.

Proposed footprint of all new structures;

c.

Existing structures adjacent to the property;

d.

Building setbacks;

e.

Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at grade mechanical units, dumpsters, and all other site improvements.

2.

Landscape plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs, and groundcover, location and coverage of irrigation system, and location and description of street furniture.

3.

Schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site.

4.

Schematic building elevations for all sides of the building(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material.

5.

Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures.

6.

For all detached signs, site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter (¼) inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing.

(Ord. No. 7223, § 2, 7-20-2010)

Neither the Planning Director nor Downtown Design Review Board shall deny a certificate of appropriateness because a project does not comply with a preference, as opposed to a required element in the Standards adopted in Section 4-10-121.

(Ord. No. 7223, § 2, 7-20-2010)

a.

All decisions of the Planning Director or designee may be appealed by the applicant to the Downtown Design Review Board by submitting a written appeal to the Planning secretary within ten (10) days after receipt of notification of the planning and development director's or a designee's decision. The Downtown Design Review Board may uphold, reverse or modify the decision of the Planning Director or a designee.

b.

All decisions by the Downtown Design Review Board may be appealed to the Zoning Board of Adjustment by the applicant by following the procedures provided in Chapter 4-10, Article II, Division II. A copy of the written notice of appeal must be filed with the Planning Department secretary.

c.

Except as may be specifically provided otherwise in this Article, the Zoning Board of Adjustment shall provide notices and in all things conduct this appeal just as it would an appeal from a decision of the Building Official under Article II, Division 2 of this chapter. The secretary of the Planning Department shall forward to the Zoning Board of Adjustment a complete record of the matter, including a transcript of the tape of the hearing before the Downtown Review Board. The Zoning Board of Adjustment shall:

1.

Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the Downtown Design Review Board;

2.

Hear new testimony and consider new evidence that was not available at the time of the hearing before the Downtown Design Review Board;

3.

Apply the substantial evidence test to the decision of the Downtown Design Review Board, considering the record made before the Downtown Design Review Board;

d.

In addition to dispositions authorized in Article II, Division 2 of this Chapter, the Zoning Board of Adjustment may uphold, reverse, modify the decision of the Downtown Design Review Board; or, remand the case back to the Downtown Design Review Board for further proceedings consistent with specific guidance given by Zoning Board of Adjustment.

e.

The appellant may withdraw an appeal at time prior to a determination by the Downtown Design Review Board or the Zoning Board of Adjustment.

f.

A hearing before the Zoning Board of Adjustment shall exhaust the administrative remedies of the property owner/appellant under this chapter. Any owner/appellant aggrieved by the decision of the appeals board may file suit in district court.

(Ord. No. 7223, § 2, 7-20-2010)

Editor's note— Ord. No. 6268, § 1(V), adopted Dec. 24, 1996, repealed § 4-10-151, floor area ratio, derived from the 1960 Code, § 26-17; and Ord. No. 6043, § 1(C), adopted Nov. 9, 1993.

(a)

A structure housing an Adult Business shall be located at least one thousand (1,000) feet from any residential PD, R-1, R-2, R-3, MD-1, MD-2, MF-1, MF-2, and MH Zoning District boundary line, or from any Structure used as a residence; from a church, Public or Denominational Schools, hospitals, licensed child care facility, Hotel or Motel, Parks or Playgrounds (public), Playfields or Stadiums (Public), Institutions of Religious, Charitable, or Philanthropic Nature, and from any other Structure housing an Adult Business.

(b)

Distance requirements are to be measured in a straight line in all directions from the Structure housing the Adult Business to any residentially Zoned District boundary line; to any Structure used for a residence, church, school, or hospital; any Lot used for a park; and from Structure to Structure of those facilities housing Adult Businesses.

(c)

The measurements to a Structure shall be taken from the farthest point that a Structure extends in the direction of the measurement, including overhanging roofs and all other projects or portions of said Structure.

(d)

Should an Adult Business be located in conjunction with other Buildings in a manner where said Adult Business is clearly separated from other portions of the Structure (for example, an Adult Business in a shopping center), measurements shall be taken from the boundaries of the space occupied by the Adult Business.

(e)

Should an Adult Business be located in a manner where said Adult Business is situated above the ground level of a multistory Structure and is clearly separate from other activities within the structure, the Adult Business measurements shall be taken from the boundaries of the space occupied by the Adult Business, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line in all directions to any residentially Zoned District boundary line; to any Structure used for a residence, church, school, or hospital; any Lot used for a park; and from Structure to Structure of those facilities housing an Adult Business.

(Ord. No. 5862, § 1, 6-12-90; Ord. No. 6268, § 1(W), 12-24-96; Ord. No. 8217 meeting, § 7, 9-23-2025)

(a)

Viewing Booths in an Adult Business shall be configured in such a manner that there is an unobstructed and unobstructable view of the interior area of the Viewing Booth from outside the entrance to the Viewing Booth at all times.

(b)

Wall or partitions of Viewing Booths between two (2) feet and six (6) feet above floor level shall have no holes or voids in such walls or partitions.

(c)

A Viewing Booth shall at all times be illuminated with not less than that amount of light provided by a twenty-watt bulb.

(d)

It shall be the duty of the person accepting payment from customers of an Adult Business to ensure that the Viewing Booth requirements in this section are in compliance at all times.

(Ord. No. 5862, § 1, 6-12-90)

(a)

Except as herein provided, no Structure or part thereof shall be erected, altered or converted for any use permitted in the District in which it is located unless it is in conformity with all the minimum regulations specified in this division for Lot Area, Lot Width, Lot Depth, Lot Coverage and Front, Side and Rear Yards. The area regulation shall not apply in the usual manner to individual Lots of Parcels in a PD District.

(b)

Where lot area regulations present hardships regarding accessibility or physical barrier issues related to the Americans with Disabilities Act, the Director of Community Services, or designee, shall determine the manner in which requirements of this Article are to be applied, in order to make a reasonable accommodation.

(c)

In determining what is a reasonable accommodation, the Director of Community Services shall consider the following factors:

(1)

Nature of the disability and whether the requested accommodation is directly responsive to the disability;

(2)

Whether the requested accommodation poses a safety risk to the requestor or other persons;

(3)

The relative costs of various alternatives, including modifying the Structure;

(4)

The presence, if any, of existing Structures or variances in the neighborhood which are the same or similar to that sought under this section as an ADA accommodation;

(5)

Availability of alternative accommodations that will have less visual or aesthetic impact on the neighborhood;

(6)

Other accommodation factors suggested or mandated by ADA regulations or interpretative opinions thereof.

(d)

If a question arises as to whether a person has a disability, the extent of disability, or the level of accommodation that is reasonable and necessary, then the Director of Community Services or designee shall first compare statements of the applicant's physician with current legal sources describing conditions that are recognized as a disability under the ADA. If there remains a question, then the Director of Community Services shall request the Disability/Accommodation Review Committee of the Amarillo Transit Department (or a successor or similar body associated with the City of Amarillo) to review the matter and make an advisory recommendation to the Director. The Director will then render a decision using the criteria stated above and taking into consideration the committee recommendation. The Applicant shall cooperate with the reviews described in this section by promptly providing all requested documentation and, by appearing before the Disability/Accommodation Committee, if requested.

(e)

An Applicant who disagrees with the determination of the Director of Community Services may appeal to the Zoning Board of Adjustment by filing a written notice of appeal within fifteen (15) days after the Director renders the decision. The appeal notice must state the specific grounds, reasons, or complaint. The notice must be filed with the Director, who shall transmit to the Board the notice and all papers constituting the record upon which the decision was made. The appeal shall be placed on the agenda for consideration by the Board at its next meeting. The Applicant may appeal the decision of the Board by filing suit in a district court of Potter or Randall County for declaratory relief construing this ordinance or its application to Applicant.

(f)

Any variance, waiver, or accommodation that is allowed or granted under this section is specific to the property described in the application. The accommodation remains in effect only so long as a disabled person occupies the property (be it the person who was the subject of the application or a different disabled person but whose situation would have satisfied the conditions of the determination rendered on the application). Once a disabled person described in the preceding sentence ceases to use the premises as a primary place of abode, then the owner shall, within six (6) calendar months, restore or modify the property to meet the applicable ordinances, sections, and codes as if there had been no reasonable accommodation made.

(Code 1960, § 26-14; Ord. No. 6268, § 1(X), 12-24-96; Ord. No. 6750, § 1, 7-13-2004)

The minimum Residential Lot Area for the various Districts shall be in accordance with the required schedule except that a Lot having less area than herein required which was an official Lot of Record prior to the adoption of this chapter may be used for a one-family Housing Unit, detached, and no Lot existing at the time of passage of this chapter shall be reduced in area below the minimum requirements. In the following Zoning Districts, the minimum Lot Area for each Residential Housing Unit shall be in accordance with Table 1, Summary of Development Standards.

(Code 1960, § 26-14(A); Ord. No. 6268, § 1(Y), 12-24-96)

(a)

The minimum Lot Widths for Lots in the various Districts used for Residential purposes shall be in accordance with the required schedule, except that Lots having less width than herein required which were official Lots of Record prior to the adoption of this chapter may be used for one-family, two-family Housing Units or Manufactured Homes in Zoning Districts permitting those respective uses; provided that, for two-family Housing Units and Manufactured Homes, a Lot may not be less than fifty (50) feet in width. No Lot existing at the time of passage of this chapter shall be reduced in width below the minimum. In the following Zoning Districts, the minimum Lot Width for Residential uses shall be in accordance with Table 1, Summary of Development Standards.

(b)

The width of the Lot shall be measured at the specified Setback or front Building Line, but in no case shall the Lot Width at the front Street Line be less than thirty-five (35) feet or the required minimum Lot Width, whichever is less. (See Appendix Illustration 1 for method of measuring Lot Widths.)

(c)

If the Housing Units in a two-family Structure are sold for individual ownership, then each Housing Unit shall be located on a separately Platted Lot having a minimum Lot Width of thirty (30) feet. Lots platted prior to the adoption of this chapter which are fifty (50) feet in width or greater and official Lots of Record may be reduced in width so long as each Housing Unit is located on a Platted Lot with a minimum width of twenty-five (25) feet. In no case shall the overall width for the total two-family complex be reduced below the minimum for two (2) units.

(d)

After the effective date of this amendment (November 1993), in all zoning districts allowing One-Family Attached Housing Units, One-Family Detached Housing Units may be constructed on Platted Lots with Lot Widths less than shown on Table 1, Summary of Development Standards, for One-Family Detached Housing Units, but equal to or greater than the Lot Width shown for One-Family Attached Housing Units, if approved by a Specific Use Permit and the recorded Plat of the subdivision approved clearly notes that the Lot may be used for One-Family Detached Housing Units.

(e)

In the MD-1 district, Lot widths for single-family attached homes shall be a minimum of twenty-five (25) feet for lots associated with a structure containing more than four (4) attached units. For lots associated with single-family attached structures with three (3) or four (4) attached units, a minimum lot width of twenty (20) feet is required for each lot.

(f)

For single-family detached use only in the MD-1 district, the minimum lot width may be reduced by a maximum of five (5) feet from that described in 4-10-172 Table 1 if driveway access to the lot is from an alley. No driveways shall be allowed from the street if utilizing this subsection.

(Code 1960, § 26-14(B); Ord. No. 6043, § 1(D), 11-9-93; Ord. No. 6268, § 1(Z), 12-24-96; Ord. No. 6568, § 8, 11-27-2001; Ord. No. 8217 meeting, §§ 8, 9, 9-23-2025)

The minimum Lot Depth for the various Districts shall be in accordance with the following schedule, except that a Lot having less depth than herein required which was an official Lot of Record prior to the adoption of this chapter may be used for a one-family Housing Unit, and no Lot existing at the time of passage of this chapter shall be reduced in depth below the minimum set forth. The minimum Lot Depth for Residential uses shall be in accordance with Table 1, Summary of Development Standards, see Appendix Illustration 2 for method of measuring Lot Depth.

(Code 1960, § 26-14(C); Ord. No. 6268, § 1(AA), 12-24-96)

(a)

In the following Zoning Districts, the minimum required Front Yard shall be in accordance with the required schedule, and no Structure or use shall hereinafter be located, erected or altered so as to have a smaller Front Yard than hereinafter required, and no Front Yard existing at the time of passage of this chapter shall be reduced below the minimum set forth in Table 1, Summary of Development Standards.

(b)

Special Front Yard regulations:

(1)

Where a Building Line has been established by Plat that requires a Front Yard greater in depth 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 established by such Plat.

(2)

The Front Yard shall be measured from the property line to the front face of the Building, covered porch, or covered terrace. See Appendix Illustration 5 for method of measuring. Eaves and roof extensions may project into the required Front Yard for a distance not to exceed four (4) feet. The ordinary projections of window sills, belt courses, cornices and other architectural features may project into the required Front Yard for a distance not to exceed twenty-four (24) inches, and subsurface Structures may project into the Front Yard provided such Structures do not extend to a Height greater than forty (40) inches above the average Grade of the curb at the front of the Structure or when no curb exists, forty (40) inches above the average Grade of the Bounding Property Line.

(3)

Where no Front Yard is required, all stairs, eaves, roofs and similar Building extensions shall be located behind the front Street Right-of-way line or property line. In the CB, HC, I-1 and I-2 Districts, marquees or awnings are allowed to extend over public property.

(4)

Where Lots have double Frontage, running through from one (1) 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 (1) Frontage on the Plat, in which event only one (1) required Front Yard need be observed. (See Appendix Illustration 6.)

(5)

On a corner Lot, both Street exposures shall be treated as Front Yards on all Lots Platted after August 19, 1968, except where corner Lots adjoin the entire Street Frontage between two (2) parallel Streets, the longest Street exposure to a lot used for one-family, two-family or Manufactured Home Housing Units shall be considered as a Side Yard, which shall require a setback of not less than ten (10) feet. (See Appendix Illustration 4).

(6)

Where both street frontages of a corner lot used for one-family, two-family or manufactured home housing units are required to be treated as front yards, a front yard of twenty (20) feet or the front yard required for the respective district as specified in this section, whichever is less, shall be observed on the lot frontage of greatest dimension. If such a lot is bounded on the rear by an alley, or is located within an R-3, MD-1, MD-2, MF-1, or MF-2 district, then ten (10) feet setback shall be required on the lot frontage of greatest dimension. (See Appendix Illustration 4C).

(7)

In the MF-2 and O-2 Districts, a minimum Front Yard of fifteen (15) feet shall be required, provided, however, that in no case shall the distance, as measured from the centerline of the Street on which a Building fronts, to the face of the Building be less than one-half the Height of the Building, and in no case need such distance exceed fifty (50) feet regardless of the Height of the Building. (See Appendix Illustration 11.)

(8)

Gasoline service station pump islands may not be located nearer than twenty (20) feet to the front property line, and the outer edge of the Canopy shall not be nearer than ten (10) feet to the front property line.

(9)

In the R-1 and R-2 Districts where a Lot abuts a Cul-de-sac, the required minimum Front Yard shall be twenty (20) feet.

(Code 1960, § 26-14(D); Ord. No. 6043, § 1(E)—(H), 11-9-93; Ord. No. 6268, § 1(BB), 12-24-96; Ord. No. 6350, § 1, 6-23-98; Ord. No. 6568, § 9, 11-27-2001; Ord. No. 8059 meeting, § 2, 6-27-2023; Ord. No. 8217 meeting, § 10, 9-23-2025)

(a)

In the following Zoning Districts, the minimum required Side Yard shall be in accordance with the following schedule, and no Structure or use shall hereafter be located so as to have a smaller Side Yard or each side of such Structure than herein required, and no Side Yard existing at the time of passage of this chapter shall be reduced below the minimum set forth in Table 1, Summary of Development Standards with the following exception:

A Main Building may have a Side Yard less than required if other Main Buildings within the same block or immediately adjacent blocks legally observe a Side Yard setback less than required. The Side Yard with the least restrictive dimension shall establish the minimum Side Yard requirement.

(b)

Special Side Yard regulations:

(1)

Every part of a required Side Yard shall be open and unobstructed by any Structure except for Accessory Buildings as permitted herein, and the ordinary projections of window sills, belt courses, cornices and other architectural features which shall not exceed twelve (12) inches into the required Side Yard, and a roof eave or Canopy which shall not exceed twenty-four (24) inches into the required Side Yard.

(2)

Where highrise Apartment Buildings exceeding three (3) stories in Height are erected in any District permitting such construction, the Side Yard shall be increased one (1) foot for each two (2) feet the Structure exceeds three (3) Stories, but no Side Yard need exceed fifty (50) feet.

(3)

On a corner Lot, a Side Yard adjacent to a Street for a multiple-family Housing Unit not exceeding three (3) Stories in Height shall not be less than fifteen (15) feet, and no balcony or porch or any portion of the Building may extend into such required Side Yard except that a roof may overhang such Side Yard not to exceed four (4) feet.

(4)

On a corner Lot both Street exposures shall be treated as Front Yards on all Lots Platted after August 19, 1968, except where otherwise provided by sections 4-10-170(b)(2) and 4-10-170(b)(4). On Lots which are official Lots of Record prior to August 19, 1968, the minimum Side Yard adjacent to a side Street shall comply with this section. (See Appendix Illustration 4A.)

(5)

A one-family attached Housing Unit shall provide a minimum required Side Yard adjacent to a side Street of ten (10) feet and a minimum of five (5) feet adjacent to an Alley. A minimum required Side Yard of five (5) feet shall be provided at the end of each one-family Attached Housing Unit complex so that the end of any two (2) adjacent Building complexes shall be at least ten (10) feet apart. (See Appendix Illustration 12.)

(6)

No Side Yard is specified for Nonresidential use in the GR, LC, CB, HC, I-1, or I-2 Districts except where a commercial, retail or industrial or other Nonresidential use abuts upon a District boundary line dividing such Districts from a Residential Zoning District in which event a minimum five-foot Side Yard shall be provided on the side adjacent to such Residential Zoning District.

(7)

In Developments of one-family Housing Units, detached Structures may be constructed adjacent to the side Lot Line on one (1) side of a Lot and a Side Yard provided only on the other side of the Lot.

a.

The Side Yard provided shall be the total of the Side Yards which are normally required on each side of the Lot except, where a Front Yard requirement is observed on the Street side of a corner Lot, the total Side Yard requirement shall be considered satisfied. In no case shall less than a ten-foot total Side Yard be maintained.

b.

Side Yard requirements for detached Accessory Buildings shall be the same as are normally required except that, where the Side Yard is provided on one (1) side of the Lot, the same Side Yard required for Main Building shall be observed by Detached Accessory Buildings.

c.

The required side Lot Lines and Building Lines shall be shown by a clearly defined method on a recorded Plat of the Subdivision approved by the Planning and Zoning Commission.

d.

Easements for maintenance, drainage or roof overhang (if permitted) shall be provided adjacent to each Lot where an adjacent Side Yard less than normal is to be permitted and shall be established on the Subdivision Plat approved by the Planning and Zoning Commission.

e.

A Yard of not less than the normally required width shall always be observed adjacent to a public Street, and a Side Yard of not less than five (5) feet shall be observed adjacent to an Alley.

f.

This provision shall not be construed to permit two (2) one-family Housing Units to be built on adjacent Lots without the observance of the total required Side Yard between them, except where two-family and one-family attached Housing Units are permitted by this Chapter.

g.

No openings for access, light, or air are permitted on the wall of any Structure where the normal Side Yard requirement is not observed between such wall and the side Lot Line.

(8)

The Side Yard requirements for Nonresidential Main Buildings in an O-1, O-2 or NS District shall be a minimum of ten (10) feet. Where any Lot in an O-1, O-2 or NS District abuts a Residential Zoning District, the Side Yard of the nonresidential Main Building on such Lot shall be a minimum of twenty (20) feet.

(9)

After November, 1993 in all zoning districts allowing One-Family Attached Housing Units, Side Yard requirements for One-Family Detached Housing Units if less than required by Table 1, Summary of Development Standards, shall clearly depict the Side Yard Setback on a recorded Plat of the subdivision.

(10)

For One-Family Housing Units (Detached and Attached), private easements for maintenance, drainage or roof overhang (if permitted), shall be provided on the adjacent Lot where a Side Yard less than the minimum is allowed and shall be granted on the Subdivision Plat.

(Code 1960, § 26-14(E); Ord. No. 6043, § 1(I)—(L), 11-9-93; Ord. No. 6268, § 1(CC), 12-24-96; Ord. No. 6350, § 1, 6-23-98; Ord. No. 6741, § 1, 6-8-2004)

(a)

In the following Zoning Districts, the minimum required Rear Yard shall be in accordance with the following schedule, and no Building or Structure shall hereafter be located, erected or altered to have a Rear Yard smaller than herein required, and no Rear Yard existing at the time of passage of this Chapter shall be reduced below the minimum set forth in Table 1, Summary of Development Standards with the following exception:

A Main Building may have a Rear Yard less than required if other Main Buildings within the same block or immediately adjacent blocks legally observe a Rear Yard setback less than required. The Rear Yard with the least restrictive dimension shall establish the minimum Side Yard requirement.

(b)

Special Rear Yard regulations:

(1)

In Residential Zoning Districts, no Main Building may be constructed nearer to the rear property line than ten (10) feet. For a single-family detached Residential building without openings for windows, doors, light or air in the wall facing the Alley a Setback of one (1) foot for each two (2) feet of wall Height is allowed.

(2)

In the O-1, O-2, NS, GR, LC, CB, HC, I-1 or I-2 Districts, no Rear Yard is required for Nonresidential uses except where retail, commercial or industrial uses back upon a common District line, whether separated by an Alley or not, dividing the District from any of the Residential Districts listed herein, a minimum Rear Yard of ten (10) feet shall be provided.

(3)

Every part of a required Rear Yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded Lot, except for Accessory Buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four (4) feet into the required Rear Yard.

(4)

Where multiple-family Housing exceeds three (3) Stories in Height, a Rear Yard equal to one (1) foot for each three (3) feet in Height shall be provided except that no such Rear Yard need exceed thirty (30) feet as a result of this provision and except further that in the MF-2, CB and HC Districts, no Rear Yard exceeding ten (10) feet shall be required where the rear wall of a Residential Structure contains no openings or windows for light or air.

(Code 1960, § 26-14(F); Ord. No. 5678, § 1, 4-28-87; Ord. No. 6043, § 1(M), 11-9-93; Ord. No. 6268, § 1(DD), 12-24-96; Ord. No. 6741, § 2, 6-8-2004)

No Structure shall hereinafter be located, erected or altered so as to have a greater Lot coverage than hereinafter required, and no Lot Coverage existing at the time of passage of this chapter shall exceed the maximum set forth in Table 1, Summary of Development Standards.

(1)

Off-street unenclosed parking or loading areas shall not be computed in Lot Coverage as herein specified.

(2)

In addition to Lot Coverage requirements structures must meet all other requirements of the zoning District in which they are located.

(Code 1960, § 26-14(G); Ord. No. 6173, § 1, 7-25-95; Ord. No. 6268, § 1(EE), 12-24-96)

The following Table 1, Summary of Development Standards, includes minimum lot area, minimum lot width, minimum lot depth, minimum front yard, minimum side yard, minimum rear yard, maximum lot coverage, maximum height and minimum required off-street parking requirements set forth in this chapter.

TABLE 1
SUMMARY OF DEVELOPMENT STANDARDS
Residential Zoning Districts

* 20 ft. Front Yard Setback on Lots that abut a Cul-de-sac.  **See Sec. 4-10-171(b)(4).

* To any legal Height not prohibited by other laws or ordinances.

SUMMARY OF DEVELOPMENT STANDARDS
Office Zoning Districts

* To any legal Height not prohibited by other laws or ordinances.  **See Sec. 4-10-171(b)(4).       Continued on the following pages

SUMMARY OF DEVELOPMENT STANDARDS
Retail and Central Business Zoning Districts

* To any legal Height not prohibited by other laws or ordinances.  **See Sec. 4-10-171(b)(4).       Continued on the following pages

SUMMARY OF DEVELOPMENT STANDARDS
Commercial Zoning Districts

* To any legal Height not prohibited by other laws or ordinances  ** See Sec. 4-10-171(b)(4).       Continued on the following pages

SUMMARY OF DEVELOPMENT STANDARDS
Industrial and Planned Development Zoning Districts

*To any legal Height not prohibited by other laws or ordinances.  ** See Sec. 4-10-171(b)(4).

(Ord. No. 6043, § 1(N), (O), 11-9-93; Ord. No. 6268, § 1(FF), 12-24-96; Ord. No. 6568, § 10, 11-27-2001; Ord. No. 6712, § 2, 2-24-2004; Ord. No. 8217 meeting, § 11(Exh. B), 9-23-2025)

(a)

Front Yard:

(1)

Residential Accessory Buildings shall have a Front Yard not less than that specified for the Main Building.

(2)

Nonresidential Accessory Buildings shall be located in the area defined as the Rear Yard.

(b)

Side Yard:

(1)

Residential Accessory Buildings shall have a Side Yard not less than three (3) feet. Residential Accessory Buildings two hundred (200) square feet or less in area shall have no Side Yard requirements.

(2)

Nonresidential Accessory Buildings shall have a Side Yard not less than that specified for the Main Building.

(c)

Rear Yard:

(1)

Residential Accessory Buildings shall have no Rear Yard requirements. If no Alley exists, Residential Accessory buildings larger than two hundred (200) square feet in area shall have a rear yard of not less than ten (10) feet. (See Appendix Illustration No. 3.)

(2)

Nonresidential Accessory Buildings shall have no Rear Yard requirements.

(d)

Special Accessory Building regulations: A Residential Accessory Building may have a Side and Rear Yard less than required if other Residential Accessory Buildings, within the same block or immediately adjacent blocks, legally observe a Side Yard or Rear Yard less than required. The Side Yard with the least restrictive dimension shall establish the minimum Side Yard requirement and the Rear Yard with the least restrictive dimension shall establish the minimum Rear Yard requirement.

(Code 1960, § 26-15(A); Ord. No. 6043, § 1(P), 11-9-93; Ord. No. 6268, § 1(GG), 12-24-96; Ord. No. 6733, § 1, 5-25-2004; Ord. No. 6741, § 3, 6-8-2004)

A stable (private) must be set back fifty (50) feet from the front property line, twenty (20) feet from side property lines and twenty (20) feet from the rear property line and must provide at least one hundred (100) square feet for each horse stabled.

(Code 1960, § 26-15(B))

(a)

General: Carports are allowed in any zoning district when able to meet required Setbacks for Main Building or Accessory Building. If Main Building or Accessory Building setbacks are unable to be met, a person must apply for a specific use permit. The grant or denial of a specific use permit shall be based upon compliance with the requirements of Section 4-10-85 and considerations of the following factors:

(1)

Maximum of one (1) Carport per Lot.

(2)

Maximum floor area of four hundred forty (440) square feet.

(3)

Maximum height limited to twelve (12) feet as measured from floor to the peak of roof.

(4)

No opening on any side shall be lower than seven (7) feet as measured from floor to bottom of carport eave line.

(5)

Perimeter of Carport must remain open on at least three (3) sides. When located in the Front Yard, perimeter of Carport must remain open on at least the three (3) sides that are parallel to the Front and Side Yards. Openings must be unobstructed by walls, screens, lattice work or similar features that would create an enclosed space or obstruct visibility. Supporting vertical members such as columns, poles, and posts must have a cross section no larger than a square that is twelve (12) inches on each side.

(6)

Supporting vertical members, other secondary structural members for lateral bracing, trim, fascia, and other vertical elements must not obscure more than fifteen (15) percent of the vertical plane of any open side.

(7)

Carport (including the roof, eaves, and supporting members) must be set back at least ten (10) feet from the street curb line, or where no curb exists, the edge of paving, or the graded edge of an unimproved street. In no case shall the Carport extend beyond the property line.

(8)

Carport (including the roof, eaves, and supporting members) must be set back at least three (3) feet from a side property line.

(9)

Carport must have a Rear Yard setback of at least ten (10) feet if no alley exists.

(10)

Area beneath the roof of the Carport must be paved with asphalt or concrete to within at least two (2) feet of the edge of roofline. In addition, the driveway leading from the Carport and connecting to a street or alley must be similarly paved and maintained in good condition.

(11)

Carport (including the roof, eaves, and supporting members) must not overhang or intrude into any type of public easement.

(12)

In no case shall the Carport (including the roof, eaves, and supporting members) block or overhang an improved public sidewalk.

(13)

There can be no enclosed use above or on top of Carport.

(14)

Carport must be used solely for the parking of vehicles and not for any other purpose, including storage of any type.

(Ord. No. 6904, § 1, 2-21-2006)

Editor's note— Formerly, Ord. No. 6268, § 1(HH), adopted Dec. 24, 1996, repealed § 4-10-93, Area regulations for nonconforming mobile homes and mobile homes permitted by special exception. Such section was derived from the 1960 Code, § 26-15(C).

(a)

No Building or Structure shall be located, erected or altered so as to exceed the Height limit hereinafter specified for the District in which the Building is located. The maximum Height of Buildings and Structures shall not exceed the maximum Height set forth in Table 1, Summary of Development Standards except as noted in subsection (b).

(b)

Special Height Regulations. In the Districts where the Height of Buildings is restricted to three (3) Stories or less, the following provisions apply:

(1)

Cooling towers, roof gables, chimneys and vent stacks may not exceed forty (40) feet above the average ground level of the Building. Water standpipes and tanks, church steeples, domes and spires, school Buildings, institutional Buildings, and flagpoles, may be erected to exceed three (3) Stories in Height in such District provided that one (1) additional foot shall be added to the Side, Front and Rear Yards Setbacks for each foot that any such structure exceeds three (3) Stories in Height.

(2)

Communication and Broadcast Towers may be permitted to any Height providing a tower's location on a site is set back from all bounding property lines a minimum distance equal to its Height.

(Code 1960, § 26-16; Ord. No. 5894, § 1, 11-6-90; Ord. No. 6268, § 1(II), 12-24-96; Ord. No. 6405, § 1, 3-23-99)

Except as hereinafter provided, no Structure or part thereof shall be erected, altered or converted for any use permitted in the District in which it is located unless there shall be provided on the Lot or Tract, or on an immediately adjacent Lot or Tract, vehicle parking in the following ratio of vehicle spaces for the uses specified in the Designated Districts. As used herein, "immediately adjacent" means sharing a common boundary with at least one-half (½) of the dimension of the boundary of the adjoining Lot or Tract, whether or not such Lots or Tracts are separated by a Street or Alley. Where Off-Street Parking for any use is to be provided on an adjacent Lot or Tract, it shall be consolidated under a single Certificate of Occupancy and Compliance with the main use, and the parking area shall not be sold separately from the main use without first achieving compliance with the requirements for parking to be provided under separate ownership or providing replacement parking and securing a new Certificate of Occupancy and Compliance for the main use.

(1)

The minimum Off-Street Parking spaces for Residential uses shall be as set forth in Table 1, Summary of Development Standards.

In a PD District, one (1) space shall be required for each Dwelling Unit plus such additional requirements as may be specified by the amending ordinance.

(2)

The following parking space schedule for nonresidential uses is applicable to all Districts except the CB Central Business District:

a.

Bank, savings and loan or similar financial establishment—One (1) space for each six hundred (600) square feet of Floor Area;

b.

Bowling alley—Six (6) spaces for each lane;

c.

Clinics or doctors' offices—One (1) space for each three hundred (300) square feet of Floor Area;

d.

Churches—One (1) space for each three (3) seats in the main sanctuary;

e.

Commercial outdoor amusement—Thirty (30) spaces plus one (1) space for each one hundred (100) square feet of Floor Area over two thousand (2,000) square feet;

f.

Convalescent home or home for aged—One (1) space for each six (6) rooms or beds;

g.

Day care center—One (1) space for every three (3) employees or one (1) space for every two hundred (200) square feet of Floor Area, whichever is greater;

h.

Gasoline service station—Minimum of six (6) spaces;

i.

Golf course—Minimum of thirty (30) spaces;

j.

High school, college or university—One (1) space for each classroom, laboratory or instruction area plus one (1) space for each four (4) students accommodated in the institution;

k.

Hospitals—One (1) space for every two (2) beds;

l.

Hotel or motel—One (1) space for each room, unit or guest accommodation;

m.

Institutions of a philanthropic nature—Ten (10) spaces plus one (1) space for each employee;

n.

Library or museum—Ten (10) spaces plus one (1) for each three hundred (300) square feet of Floor Area;

o.

Manufacturing, processing and repairing—One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of Floor Area, whichever is greater;

p.

Offices, general—One (1) space for each four hundred (400) square feet of Floor Area;

q.

Recreational, private or commercial area or building (other than listed)—One (1) space for every four (4) persons to be normally accommodated in the establishment;

r.

Restaurant or cafeteria—One (1) space for each forty-five (45) square feet of usable seating area;

s.

Retail or personal service—One (1) space for each two hundred (200) square feet of Floor Area;

t.

School, elementary or junior high—One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium or other place of assembly;

u.

Storage or warehousing—One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of Floor Area, whichever is greater;

v.

Theaters, meeting rooms and places of public assembly—One (1) space for every three (3) seats; for theaters having more than ten (10) movie screens—One (1) space for every three and one half (3½) seats;

w.

Commercial and industrial uses not listed in a. through v. above—One (1) space per each five hundred (500) square feet of gross Floor Area or one (1) space per each two (2) employees, whichever is greater;

x.

Tavern, lounge or private club—One (1) space for each forty-five (45) square feet, including balconies, of usable Floor Area;

y.

Flea markets—One (1) space for each two hundred (200) square feet of leasable area including customer circulation areas and display areas;

z.

Furniture or carpet stores—One (1) space for each four hundred (400) square feet of Floor Area;

aa.

Apartment complexes for the elderly—Three-quarters (¾) of a space for each Dwelling Unit.

(3)

Special Off-Street Parking regulations are as follows:

a.

In computing the parking requirements for any Building or Development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the Building or Development.

b.

In the R-1, R-2, R-3, MD-1, MD-2, MF-1, MF-2, O-1, O-2 and NS Districts, no lot area, no parking space, Garage or Carport or other automobile storage space or Structure shall be used for the storage of any truck, truck trailer, or van except, such vehicles not exceeding one (1) ton capacity according to the manufacturer's classification. Any such vehicle so parked after having been placarded with a notice by the City of the violation of the foregoing requirement on any previous occasion may be towed from its location or detained at the operator's expense.

c.

Floor Area of Structure devoted to Off-Street Parking of vehicles shall be excluded in computing the Off-Street Parking requirements of any use.

d.

A Building Permit shall be required for any new parking space or change in an existing parking space. For new construction, the permit may be considered part of the Building Permit for the Structure.

e.

To satisfy the Off-Street Parking space requirements of subsections (1) and (2) above, a parking space shall be paved with asphalt or concrete, be provided with a similarly paved driveway connecting it to a Street or Alley and be established, maintained and marked in accordance with the mandatory Parking Design Standards of Section 9, Driveways and parking Lots, of the City of Amarillo Development Policy Manual.

f.

No Off-Street Parking space adjacent to a public Street wherein the maneuvering of the vehicle in parking or leaving the parking space is done on the public Street shall be classified as Off-Street Parking in determining satisfaction of any parking requirements herein specified, except that parking requirements for one- and two-family Housing Units may be met in such manner.

g.

No Off-Street Parking area incidental to a main use, commercial parking Lot or Structure, or vehicle storage area shall project into the Public Right-of-way of any Street or Alley, except that, where not otherwise prohibited by law or ordinance, only customer and employee parking areas incidental to a main use may project beyond the Right-of-way of a Street when the following conditions are met:

1.

The City Traffic Engineer determines such parking arrangement does not create a traffic hazard and adequate space for pedestrian traffic is provided.

2.

The parking area is established and marked in accordance with mandatory Parking Design Standards of Section 9, Driveways and Parking Lots, in the City of Amarillo Development Policy Manual.

Parking spaces provided in such manner shall not be classified as Off-Street Parking in determining satisfaction of any parking requirements herein specified.

h.

In areas platted after May 1976, no land use other than single-family attached/detached and duplex shall have direct access to an alley which is immediately adjacent to or in an A, R-1, R-2, R-3, MD-1 or MH Zoning District.

i.

All vehicle entrances to a Garage where the primary use of the land is for Residential purposes shall be a minimum of twenty (20) feet from a Lot Line which abuts a Street or Alley. However, a vehicle entrance to a Garage from a local side Street (Streets other than arterials or collectors) or an Alley may be less than twenty (20) feet if in accordance with one (1) of the following conditions:

1.

Side Street—If Garages accessing a side Street along the side property line of a corner Lot within the same block have observed a vehicle entrance which is fewer than twenty (20) feet in length, then the vehicle entrance with the least restrictive dimension shall establish the minimum vehicle parking entrance requirement.

2.

Alley—If Garages accessing an Alley along the rear property line of a Lot within the same block have observed a vehicle entrance which is lesser in dimension than twenty (20) feet, then the vehicle entrance with the least restrictive dimension shall establish the minimum vehicle parking entrance requirement.

3.

Side Street or Alley—Vehicle entrances to a Garage may be less than twenty (20) feet if required Off-Street Parking is provided elsewhere on the Lot or Tract.

These provisions shall be superseded on any Lot having a minimum Side Yard or Rear Yard Building Line which has been established by Plat or ordinance which requires a greater Setback distance.

j.

Lanes or spaces for serving vehicles and for waiting vehicles shall be located entirely on the development site and shall in no way encroach into public right-of-way nor shall said lanes or spaces block any designated principal aisle.

(4)

Parking requirements for new or unlisted uses are as follows:

a.

Where questions arise concerning the minimum Off-Street Parking requirement for any use not specifically listed, the requirements may be interpreted as those of a similar listed use.

b.

Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to (4)a. above or where uncertainty exists, the minimum Off-Street Parking requirements shall be established by the same process as provided in section 4-10-84 for classifying new and unlisted use.

(5)

Reduction for Infill Development. To encourage the Development or redevelopment of Infill Lots in the O-1, O-2, NS, GR, LC, HC, and I-1 Districts, the Applicant may elect to reduce the minimum number of Off-Street Parking Spaces required by Sec. 4-10-211(2) by twenty (20) percent.

(6)

Reduction for Adaptive Reuse. To encourage reinvestment in established neighborhoods, promote neighborhood preservation, and revitalize neighborhoods, the incentives specified in this subsection apply for the Adaptive Reuse of Eligible Buildings located in an adopted Neighborhood Plan area or on Route 66 from Downtown to the San Jacinto Neighborhood boundary.

a.

Eligible Buildings.

1.

To be eligible for an Adaptive Reuse parking reduction, a Building shall be located on a Lot within the boundaries of an adopted Neighborhood Plan area or on Route 66 from Downtown to the San Jacinto Neighborhood boundary and be one of the following:

(a)

At least twenty (20) years old; or

(b)

A Dangerous Structure, as defined in Chapter 4-3, Sec. 4-3-3, Abatement of substandard structures; or

(c)

A vacant building that has not been occupied for more than three (3) years.

2.

To be eligible for an Adaptive Reuse parking reduction, any Building that meets the requirements in paragraph (6)a., above, may not be expanded by more than fifty (50) percent of its current Floor Area.

b.

Additional locations for off-street parking.

1.

Required parking may be located on-site or off-site as specified in Sec. 4-10-211, except that off-site parking for an Adaptive Reuse may be located on a Lot that is not immediately adjacent if:

(a)

The off-site parking area is located within one thousand three hundred twenty (1,320) feet of the Eligible Building, measured from the nearest point of entrance to the off-site parking area to the nearest entrance of the Eligible Building by following the shortest route of ordinary pedestrian travel along a public Street or Alley; and

(b)

The use of the off-site parking area by the Land and Building Use(s) of the Eligible Building does not reduce required parking for any other Use below that is required by this division.

2.

If the Eligible Building is located within one thousand three hundred twenty (1,320) feet of a public parking lot or public Parking Structure, any parking spaces in excess of those already dedicated for other Land and Building Uses may be counted for up to fifty (50) percent of the required number of Off-Street Parking Spaces for the Use(s) of the Eligible Building.

3.

Staff will maintain a record of parking space allocations for individual Land and Building Uses in off-site and public parking areas.

c.

Reduction in required number of Off-Street Parking Spaces. The minimum number of Off-Street Parking Spaces required by 4-10-211(1) & (2) for the Adaptive Reuse of an Eligible Building may be reduced by fifty (50) percent.

(7)

Administrative Adjustments.

a.

The Planning Director may adjust the minimum or maximum number of Off- Street Parking Spaces required by up to twenty-five (25) percent for any proposed new development, redevelopment, or change of Land or Building Use.

b.

For proposed new development, redevelopment, or change of Land and Building Use, the Applicant shall, as part of the Site Plan Application demonstrate the need for the administrative adjustment by submitting a parking demand forecast demonstrating the appropriate minimum off-street parking space requirement for the proposed use. The parking demand forecast may be prepared by any design professional such as an architect, professional engineer, or transportation planner.

1.

The professional engineer or transportation planner shall provide documentation verifying parking demand based on:

(a)

Relevant data for the proposed Building Use, if available, such as number of employees, hours of operation, and number and frequency of customer or client visits; and/or

(b)

Actual parking counts for Building Uses or combinations of these Uses that are the same or comparable to the proposed Use(s) in terms of density, scale, bulk, area, type of activity, and location; and/or

(c)

Data from the Institute of Transportation Engineers (ITE), Center for Neighborhood Technology (CNT), Urban Land Institute, or another generally accepted resource for parking demand data.

c.

Any reduction in the required number of parking spaces shall be only for the amount that the Applicant is physically unable to provide.

d.

An Administrative Adjustment under this subsection may be approved in addition to a twenty (20) percent reduction for infill development under subsection 5 or a fifty (50) percent reduction for adaptive reuse under subsection 6.

e.

With the approval of the Traffic Engineer, parking spaces described under subsection (3)f. may be counted toward the required number of off-street parking spaces when located along a road designated as Local by the latest adopted thoroughfare map and associated with a project claiming reduced parking under subsection 6.

(Code 1960, § 26-18(A); Ord. No. 5557, § 1, 11-12-85; Ord. N o. 5678, § 1, 4-28-87; Ord. No. 5679, § 1, 4-28-87; Ord. No. 5693, § 1, 7-7-87; Ord. No. 5918, § 1, 6-5-91; Ord. No. 6053, § 1, 12-7-93; Ord. No. 6268, § 1(JJ), 12-24-96; Ord. No. 6276, § 1, 3-11-97; Ord. No. 6741, § 4, 6-8-2004; Ord. No. 7204, § 3, 1-26-2010; Ord. No. 8097 meeting, § 2, 12-12-2023; Ord. No. 8217 meeting, § 12, 9-23-2025)

Editor's note— Ord. No. 6699, § 7, adopted Nov. 25, 2003, repealed § 4-10-212, which pertained to off-street loading regulations and derived from Code 1960, § 26-19.

(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. The site plan review and approval process is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, and landscaping.

(b)

Applicability. Approval of a site plan is required for the following:

(1)

Prior to the development of any use or structure other than single-family detached (excluding Manufactured Home Parks), single-family attached, or duplex residential development within the City limits.

(2)

A site plan approved as part of a Planned Development District or Specific Use Permit shall be considered a site plan approval.

(c)

Exemptions. Accessory use which is considered incidental to an established development and which results in:

(1)

No change in use, and

(2)

No increase in traffic or is used only for storage and/or warehousing,

(d)

Extent of Area To 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.

(e)

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. 7508, § 1, 3-3-2015)

Prior to the submission of an application for site plan approval, applicants are encouraged to schedule and attend an optional preapplication conference with City staff. To ensure the submittal of adequate information, the City will maintain and provide a Site Plan application along with a separate checklist of specific requirements needed for Site Plan review and approval. All applications and related contents submitted shall be consistent with this article.

(Ord. 7508, § 1, 3-3-2015)

(a)

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

(b)

Review & Approval of a Site Plan.

(1)

Initial Filing: The applicant shall file with the City one (1) hard copy and one (1) digital copy of the Site Plan.

(2)

The Development Review Committee (DRC) shall meet within ten (10) working days after submission of a Site Plan application to review such application for compliance with this article.

(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 then submit to the Planning Director, one (1) hard copy and one (1) digital copy of the revised Site Plan with all conditions and modifications shown or attached.

(6)

Before the Site Plan is officially approved, the Planning Director, or designee, shall review the Site Plan to ensure compliance with the conditions imposed by the DRC to ensure compliance with City regulations. If the Planning Director approves the Site Plan, 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.

(d)

Appeal. 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 thirty (30) 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 that is appealed.

(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. 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; and

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 requiring DRC review, a new Site Plan must be submitted, reviewed, and approved by the DRC.

(f)

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

(1)

The plan's compliance with applicable provisions of the Zoning Ordinance and other applicable ordinances.

(2)

The relationship of the development to adjacent uses in terms of compatibility, access, setbacks, and any other 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 fire fighting and emergency equipment to buildings.

(6)

The coordination and alignment of streets so as to arrange a safe transportation system based on applicable transportation related codes, sound engineering principals and consistent with the City's Functional Classification Transportation Plan, as amended.

(7)

The use of landscaping and fencing to provide adequate screening to shield lights, noise, movement, or activities from adjacent properties where required.

(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 water courses 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.

(11)

The discharge of pollutants off-site by water, air, or other means.

(12)

Obtaining a Certificate of Appropriateness when required by the Downtown Urban Design Overlay District.

(g)

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

(Ord. 7508, § 1, 3-3-2015)

(a)

Validity and Lapse of Site Plan Approval. The approved Site Plan shall be valid for a period of two (2) years. An application for a building permit must be submitted within the two (2)-year period for the Site Plan to remain valid. Construction codes in effect at the time of Site Plan approval shall apply to the Site Plan regardless of any intervening amendments to construction codes, except as provided by law.

(b)

Extension & Reinstatement Procedure. Prior to the lapse of approval for a Site Plan, the applicant may petition the Planning Director (in writing) to extend the Site Plan approval. 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 Division.

(Ord. 7508, § 1, 3-3-2015)

(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.

(2)

In the event that the Building Official finds that a condition of the approved Site Plan has not been met, a stop work order may be issued.

a.

The contractor or developer to correct those items that are in violation of the Site Plan 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 approved Site Plan, 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 or assigns in interest to maintain compliance with the approved Site Plan and amendments thereto. Failure to maintain compliance shall constitute a violation of the Zoning Ordinance.

(Ord. 7508, § 1, 3-3-2015)

The purpose of this Chapter is to set minimum requirements for landscape and irrigation standards for properties with Multiple-Family and nonresidential land uses within the corporate limits of the city. The following regulations are designed to:

(1)

Preserve the value of property while promoting and enhancing the visual appearance of the City;

(2)

Reduce the negative effects of noise, glare, air pollution, and urban heat islands;

(3)

Reduce soil erosion and encourage the reduction of water run-off by decreasing large expanses of impervious area; and

(4)

Promote water conservation and water efficiency by incorporating drought-tolerant plant selections in properly designed landscape areas and using proper irrigation systems;

(Ord. No. 7469, § 2, 8-12-2014)

Building Footprint: A Structure which is covered by a roof or canopy and is not open to the sky. This definition is not intended to include Carports.

Building Official: Head of the Department of Building Safety for the City of Amarillo.

Evergreen Tree: A tree with foliage that persists and remains green year round.

Excess Vegetation: Whether living, dormant, or dead:

(1)

All grasses, weeds, and other plants in excess of eight (8) inches in height that are cultivated and growing in rank profusion; or

(2)

Noxious weeds; or

(3)

Uncultivated brush or weeds in excess of eight (8) inches in height; or

(4)

Shrubs and tree limbs that overhang or obstruct public sidewalks, streets, or alleys in violation of other provisions of this Code of Ordinances.

Provided however, the term "Excess Vegetation" shall not include cultivated flowers, gardens, and lawns.

Groundcover: Living landscape materials or low-growing plants, other than turf grasses, installed in such a manner so as to provide a continuous cover of the ground surface, and which upon maturity normally reach the average maximum height of twenty-four (24) inches.

Hardscape: Including but not limited to building foundation, concrete, asphalt, pavers, or stones set with mortar.

Living Landscape Materials: Living flowers, Groundcover, ornamental grasses, turf, shrubs, vines, and trees.

Multiple-Family Land Use: A use which is designated to occupy three (3) or more Housing Units or Apartments or which is occupied as a home or place of Residence by three (3) or more Families living in independent Housing Units.

Non-Living Landscape Materials: Natural or man-made material free of uncultivated vegetation that is intended to reduce or eliminate watering, growth of Excess Vegetation, and inhibit water runoff while maintaining a pleasant aesthetic appearance. Examples of acceptable materials include: Boulders, wood chips, artificial turf, mulch, crushed or decomposed granite, gravel, cobblestone, crushed rock, sand, ornamental glass, and lava rock. A permeable weed barrier shall be installed under all Non-Living Landscape Materials.

Ornamental Tree: A deciduous tree thirty (30) feet or less in height at maturity, planted primarily for its ornamental value such as flowers, leaf color, size, or shape.

Parking Lot Island: An area, protected by standard curb, and typically surrounded on at least two (2) sides by parking spaces or drive aisle.

Recommended Plant List: A list of perennials, Groundcover, ornamental grasses, turf, shrubs, vines, and trees adopted in the Article XXI, Sec. 4-10-1003. The Planning Director may amend this list from time to time. The Plant List is not set out in the Code, but is on file and available for inspection in the office of the Planning Director.

Shade Tree: A deciduous tree exceeding thirty (30) feet in height at maturity, planted for its high crown of foliage or overhead canopy.

Street Frontage: The property line where a Lot, Tract, or Parcel of land fronts right-of-way.

Total Required Landscaped Area: Ten (10) percent of Building Footprint.

Trash: Debris such as cans, glass, cartons, construction waste, dead tree stumps, dead trees, as well as other items as defined in Section 4-3-2(a) of the Amarillo Municipal Code.

Turf Grass: Cultivated grass typically used for lawns which require regular watering and mowing to maintain a desired height, color, and aesthetic appearance.

Zoning Board of Adjustment: Appointed by the City Council, this board is authorized to make special exceptions, in appropriate cases and subject to appropriate conditions and safeguards, to the terms of this Chapter in harmony with its general purpose and intent and in accordance with general or specific rules contained herein.

(Ord. No. 7469, § 2, 8-12-2014)

Landscaping is required as follows:

(1)

Multiple-Family and nonresidential land uses located on any Lot, Tract, or Parcel of property and adjacent right-of-way in the R-1, R-2, R-3, MD-1, MD-2, MF-1, MF-2, MH, O-1, O-2, NS, GR, CB, and LC Districts. This includes:

a.

All new construction.

b.

Redevelopment resulting in an increase of three thousand (3,000) square feet and thirty-five (35) percent or more of the gross floor area of buildings on a site.

c.

Expansion of existing parking lot area by more than thirty-five (35) percent but less than fifty (50) percent requires landscaping for the new area.

d.

Expansion of existing parking lot area by fifty (50) percent or more, landscaping is required for the entire site.

(2)

Multiple-Family and nonresidential land uses located on any Lot, Tract, or Parcel of property and adjacent right-of-way in the HC District shall meet the requirements of subsection (1) when the property fronts or sides on a freeway, expressway, State highway, or designated section line Arterial Street.

(3)

Nonresidential land uses located on any Lot, Tract, or Parcel of property and adjacent right-of-way in the I-1 and I-2 Districts shall meet the requirements of subsection (1) when the property fronts or sides on a freeway, expressway, or State highway.

(4)

Landscaping of property located within the Downtown Amarillo Urban Design District shall be subject to the Downtown Amarillo Urban Design Standards adopted in Division 3 of this chapter.

(Ord. No. 7469, § 2, 8-12-2014; Ord. No. 8217 meeting, § 13, 9-23-2025)

Landscaping elements may include a combination of Living and Non-Living Landscape Materials. All landscape materials shall be resistant to wind and water erosion as well as growth of Excess Vegetation. Landscaping shall not be used which would conflict in any way with the sight distance requirements or sight restriction requirements of Chapter 16-3, Article III.

(1)

Landscaping Area Requirements.

(a)

An area equal to ten (10) percent of the Building Footprint per Street Frontage shall be landscaped. Landscaping shall be located on that portion of the Lot situated between the proposed Building Line and the property line or lines adjacent to a Street and shall be permanently maintained. Where Section 4-10-170 does not require a Front Yard Setback for a Building, the Building must be set back to accommodate the required Landscaping.

(b)

Right-of-way between back of curb or edge of pavement to property line must be landscaped. However, in no case shall there be less than a ten-foot wide landscaped area.

(c)

Any landscaped area in the right-of-way in excess of ten (10) feet in width may be credited toward the Total Required Landscaped Area requirement.

(d)

The combined total of Non-Living Landscape Materials shall not exceed fifty (50) percent of Total Required Landscape Area.

(2)

Tree Requirements.

a.

All Shade and Ornamental Trees shall have a minimum caliper size of two (2) inches when measured one (1) foot above ground level. In lieu of the caliper requirement, Evergreen Trees shall have a minimum height of six (6) feet above ground level at time of planting.

b.

No tree shall be placed or allowed to grow untrimmed in such a manner as to create a hazard or nuisance to vehicular or pedestrian traffic.

c.

Street front trees. Trees shall be provided within the front yard at the equivalent of one (1) tree per forty (40) linear feet of Street Frontage, or a fraction thereof. If no front yard is required, then trees shall be placed within fifteen (15) feet of the property line parallel to the right-of-way. Trees planted in the right-of-way shall be no closer than six (6) feet from back-of-curb or edge of pavement. In instances where overhead utilities exist, Ornamental Trees shall be used to minimize interference.

d.

Parking lot trees. Trees shall be required in parking areas at a minimum rate of one (1) tree per twenty (20) parking spaces. Trees shall be planted within Parking Lot Islands, with a minimum area of thirty-six (36) square feet with no interior dimensions less than four (4) feet measured at ninety (90) degrees to the interior edges. Such trees shall be placed throughout the parking area to become an integral part of the parking design. Trees shall not impede the distribution of light throughout parking lot.

e.

Irrigation System Requirements.

a.

Irrigation systems shall be designed and installed per applicable state law and Chapter 4-5 of the Amarillo Municipal Code.

b.

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

i.

An automatic underground system;

ii.

A drip irrigation system; or

iii.

An accessible water source located within fifty (50) feet of each landscaping area.

c.

Drip systems shall be required in confined spaces of four (4) feet or less between Hardscape surfaces.

d.

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

e.

The source of irrigation water, whether potable or reclaimed, shall be indicated on the landscape plan.

f.

All sprinkler systems shall be designed in such a manner as to minimize water runoff and to eliminate overspray into adjacent right-of-way, driveways, and parking areas.

(Ord. No. 7469, § 2, 8-12-2014)

Prior to the issuance of a building permit or paving permit, an electronic copy of a landscape and irrigation plan shall be submitted to the Department of Building Safety for review and approval. The plan shall be drawn to scale, including the following details and all additional information necessary to illustrate compliance with the regulations of this Chapter:

(1)

Project Description.

a.

Project name, address and designer's contact information;

b.

Statement of Acknowledgement for site maintenance.

(2)

Site elements.

a.

Property lines;

b.

Setback lines;

c.

Building, driveway, sidewalk, and parking locations;

d.

Public utility easements locations (Xcel, Atmos, Suddenlink, etc.);

e.

Overhead power lines;

f.

Existing tree locations;

g.

Proposed plant material and tree locations;

h.

Type and placement of irrigation systems.

(3)

Landscape Legend.

a.

Plant material names, symbols, sizes and quantities.

b.

Tree names, symbols, caliper of ornamental and shade trees, height of evergreen trees, and quantities.

(4)

Landscape Ordinance Compliance Schedule.

Landscaping Requirements:

a.

Total lot area;

b.

Total Building Footprint;

c.

Total Required Landscaped Area;

d.

Total area of living landscape required;

e.

Total area of living landscape provided;

f.

Total area of non-living landscaping provided.

Street Tree Requirements:

g.

Total length of Street Frontage;

h.

Total number of trees required per Street Frontage;

i.

Total number of trees provided per Street Frontage;

Parking Lot Tree Requirements:

j.

Total number of parking spaces;

k.

Total number of trees Required per parking spaces;

l.

Total number of trees provided per parking spaces.

(Ord. No. 7469, § 2, 8-12-2014)

All submitted landscape and irrigation plans as required under Section 4-10-250 must achieve a score of at least twenty (20) points in order to be approved. Points are awarded for the following items:

(1)

Seventy-five (75) percent of all plant materials are water efficient as listed within the Recommended Plant List .....15 points

(2)

For all required trees, each tree size meets or exceeds three (3) caliper .....2 points

(3)

All parking lot trees are planted in a Parking Lot Island greater than sixty-four (64) square feet per tree .....5 points

(4)

For all areas four feet or less in any dimension, Non-Living Landscape Materials with a permeable weed barrier are used .....2 points

(5)

Preservation of each existing healthy tree two (2) caliper inches or greater .....5 points

(6)

Subsurface irrigation is used for all Turf Grass .....10 points

(7)

Drip irrigation systems are used within all planting beds .....5 points

(8)

Landscape plan designed and sealed by a registered landscape architect .....2 points

(9)

Permeable weed barrier installed in all planting beds .....2 points

(10)

Landscaped area provided exceeds requirement by an additional ten (10) percent .....2 points

(11)

Installation of each additional parking lot tree above the minimum requirement .....2 points

(12)

Root barriers are used to prevent Hardscape damage as trees grow .....5 points

(13)

More than fifty (50) percent of Total Required Landscaped Area is Blue grass or other cool season Turf Grass. This does not include tall turf-type fescue grass varieties .....-5 points

(14)

Planting of each variety of tree not listed on the Recommended Plant List .....-2 points

(Ord. No. 7469, § 2, 8-12-2014)

All requirements of this Division shall be complete prior to the receipt of a certificate of occupancy or final approval of a parking lot permit. If weather conditions prohibit the installation of landscaping, the Building Official may issue a temporary certificate of occupancy. Such issuance shall be contingent upon the property owner or Developer filing of record in the deed records of the county where the site is located an instrument with associated Landscape Plans stating that the required Landscaping shall be installed within six (6) months of the issuance of the temporary certificate of occupancy.

Failure to timely install landscaping in accordance with the plan shall cause revocation of the temporary certificate of occupancy.

(Ord. No. 7469, § 2, 8-12-2014)

(a)

Landscaping shall not be required for a temporary use which will be in operation for a period of one hundred eighty (180) days or less.

(b)

In cases where the desired location for landscaping for the required ten (10) percent of Building Footprint is not within the front setback, the Planning Director or designee may provide written approval for alternative landscape locations.

(c)

In cases where the desired location for required street front trees conflict with access to the lot, the Planning Director or designee may provide written approval for alternative placement. In no instance shall an alternate proposal result in a net reduction of the tree requirement as measured in total tree caliper inches.

(d)

Where it has been determined that site constraints exist which render conformance of a particular site to the landscape requirements impracticable, the Planning Director or designee may provide written approval for an alternate proposal, which provides for landscaping as intended by this Division, vet takes into account the constraints unique to the property in question. In determining the practicability and acceptability of the alternate proposal, the Planning Director or designee shall consider the following factors:

(1)

The configuration of the lot or tract in question;

(2)

The square footage of the property in question;

(3)

The square footage of the property being developed;

(4)

The zoning district of the property in question;

(5)

The zoning districts and landscaping on adjacent property;

(6)

The square footage of property abutting a roadway, compared with the square footage of the entire property;

(7)

The topography and soil on the property in question;

(8)

Alternate proposals of similarly situated properties; and/or

(9)

Other factors or materials relevant to the circumstances of the site in question.

An appeal of the Planning Director or designee's decision may be made to the Zoning Board of Adjustment in accordance with the requirements and procedures in Article II, Division 2 of this Chapter.

(Ord. No. 7469, § 2, 8-12-2014)

The property owner shall maintain all Living and Non-Living Landscape Materials. Living Landscape Materials shall be kept in healthy and growing conditions so as to present a neat and orderly appearance, free from Excess Vegetation and Trash. Non-Living Landscape Materials shall be kept in a neat and orderly appearance, free from Excess Vegetation and Trash. Regular and normal maintenance of landscaping includes weeding, fertilizing, pruning, mowing, irrigating, and removal of trash, debris, and graffiti from Non-Living Landscape elements. It shall also be the responsibility of the property owner to maintain any landscaping in the right-of-way in accordance with Section 4-6-183.

Landscaping which dies shall be replaced by the owner no later than sixty (60) days after notification from the Building Official, with another living plant that is comparable to the existing plant or plant material specified in the approved landscape plan. The Building Official may extend this time period due to weather or other events outside of the reasonable control of the property owner.

(Ord. No. 7469, § 2, 8-12-2014)

(a)

The penalty for violation of these regulations shall be in accordance with the general penalty provisions contained in Section 1-1-5 of this Code of Ordinances. Each day any violation or noncompliance continues shall constitute a separate and distinct offense.

(b)

The City of Amarillo is specifically authorized to enforce this division by appropriate civil action and this remedy is cumulative to the penal fine provided for above.

(Ord. No. 7469, § 2, 8-12-2014)

In a Residential District or within ten (10) feet of the boundary of a Residential District where a wall, fence or screening separation is erected, the standards in this division for Height, location, and design are required.

(Code 1960, § 26-21; Ord. No. 6388, § 1, 12-29-98)

(a)

A fence or wall erected on the property line, or within ten (10) feet of the property line and generally parallel thereto, and located to the rear of the minimum required Front Yard line as determined by the provisions of section 4-10-170 shall not exceed eight (8) feet in Height above the adjacent Grade. A fence, wall or screening for electrical substations as determined by the provisions of section 4-10-294 (e) shall not exceed twelve (12) feet in height (including security fencing on top of fence, wall or screening) above the adjacent Grade.

(b)

A fence or wall erected on the property line and located within the minimum required Front Yard as determined by the provisions of section 4-10-170 shall not exceed four (4) feet in Height above the adjacent Grade, with the following exceptions:

(1)

On a corner Lot, the four (4) foot maximum fence Height shall apply to the Front Yard along the property line of least dimension and to that portion of the Front Yard within ten (10) feet of the property line of greatest dimension;

(2)

On a Lot which abuts a Cul-de-sac and also sides into another Street and is within the boundaries of a Public Improvement District, a fence or wall erected on the side property line adjacent to the non-Cul-de-sac Street and generally parallel thereto, shall not exceed eight (8) feet in Height above the adjacent Grade and need not step down to four (4) feet.

(c)

Residentially developed properties on or adjacent to residential streets may have a fence not exceeding four (4) feet in Height above adjacent Grade between the front property line and the edge of the sidewalk closest to the front property line and a fence not exceeding eight (8) feet in Height above adjacent Grade between the side property line on a corner lot and the edge of the sidewalk closest to the side property line. If no sidewalk exists such fence may not be erected or maintained within four (4) feet from the back-of-curb, or if neither a sidewalk nor a curb exists, such fence may not be erected or maintained within twenty (20) feet from the edge of street paving. Where a trash receptacle is in the right of way, three (3) feet of clearance must be provided between the back of the receptacle and a fence to provide a clear space for walking. The owner or holder of a fence in the right of way shall be fully responsible and liable for all damages, repairs, replacement, and relocation costs should the City require the fence to be dismantled, moved, replaced, or removed from the street right-of-way, whether the removal is temporary or permanent. This paragraph does not allow a fence in an Arterial right-of-way.

(Code 1960, § 26-21(A); Ord. No. 6388, § 1, 12-29-98; Ord. No. 6699, § 11, 11-25-2003)

(a)

Screening walls or visual barriers required under the provisions of this chapter shall be constructed of masonry or of a permanent and substantial type wall or fence material, supported by a frame or base constructed of concrete, metal or other substantial material, and not readily subject to damage by operations within the enclosure or by the effects of winds or other weather elements. Such wall or barrier shall be maintained in good repair and shall not contain openings constituting more than forty (40) square inches in each one (1) square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All walls or fences shall not be less than six (6) feet in Height and all openings in such walls or fences shall be equipped with gates equal in Height and screening characteristics to the wall or fence and shall be closed and securely latched at all times except during business hours. In lieu of a screening wall or fence, a landscaped strip containing a solid planting or hedge not less than six (6) feet in Height, which planting shall be maintained in a healthy growing condition and constituting a visual barrier, may be used with approval of the Building Official.

(b)

Screening and landscaping strips with adjacent vehicle parking shall be protected from vehicle wheels by a bumper rail or wheel barrier located in compliance with Section 9, Driveways and Parking Lots, of the City of Amarillo's Development Policy Manual.

(c)

Stored materials or commodities shall not be stacked so as to exceed the Heights of the screening fence, wall or visual barrier, and such materials or commodities shall not be placed outside the fence, wall or visual barrier.

(d)

Screening walls or visual barriers shall be placed along all portions of any affected Premises which abut any paved public Street (with or without Curb and gutter) and extend along the first one hundred fifty (150) feet beyond the Frontage of such Premises along any side thereof; provided, however, this requirement shall not apply where any Building, Structure or any natural vision barriers exists which effectively screens the portions of such Premises.

(Code 1960, § 26-21(B); Ord. No. 6268, § 1(RR), 12-24-96)

(a)

The side and rear Lot Lines of a non-one-family or non-two-family land use shall be visually screened from immediately adjacent A, R-1, R-2, R-3, MD-1, MH, or residential PD Zoning Districts when the District boundary line is on an Alley, Easement or common Lot Line. Screening shall not be required when the adjacent Residential property is developed with a non-one-family or non-two-family use.

(b)

All screening of a non-one-family or non-two-family site shall be a solid visual barrier not less than six (6) feet in Height and constructed of wood or masonry, or both.

(c)

Where a common Lot Line is the Zoning District boundary, the Height requirement of the visual screening barrier shall comply with the Development standards of the most restrictive adjacent Zoning District.

(d)

Where a Building wall is erected on the site in the area of required screening, the wall may constitute a portion of the visual screening barrier provided the wall contains no openings.

(e)

No portion of a required screening wall or visual barrier shall be utilized for the placement of any Sign or other advertising device.

(f)

No screening wall or visual barrier shall be so located or placed to obstruct the vision from a vehicle approaching any Street or Alley intersection from a Driveway. Locational dimensions of a screening wall or visual barrier shall conform to Chapter 16-3, Article III.

(Code 1960, § 26-21(C); Ord. No. 5557, § 2, 11-12-85; Ord. No. 6268, § 1(SS), 12-24-96; Ord. No. 6699, § 12, 12-25-2003; Ord. No. 8217 meeting, § 14, 9-23-2025)

Editor's note— Ord. No. 6699, § 13, adopted Nov. 25, 2003, repealed § 4-10-270, which pertained to off-street parking space, lot or area screening requirements and derived from Code 1960, § 26-21(D); Ord. No. 5557, § 2, adopted Nov. 12, 1985; Ord. No. 5918, § 1, adopted June 25, 1991.

(a)

Barbed wire or razor wire may not be used on fencing except under the following circumstances:

(1)

Fencing for property used for agricultural or grazing purposes.

(2)

Security fencing for nonresidential uses in Light Commercial, Heavy Commercial, Central Business, Light Industrial and Heavy Industrial Districts where the barbed wire is five (5) feet or more above ground level.

(3)

Security fencing for a site operated by a local, State or federal government agency or a franchised utility company where the barbed wire is five (5) feet or more above ground level.

(b)

Electrical fences shall be installed in accordance with the National Electrical Code as adopted by the City.

(Code 1960, § 26-21(E); Ord. No. 5631, § 1, 9-23-86; Ord. No. 6268, § 1(TT), 12-24-96)

(a)

In the I-1, I-2 and PD Industrial Districts, any use indicated as a permitted use in each respective District on the use schedule shall be permitted. In addition, there shall be permitted any other manufacturing, processing, fabricating, packing or storage use, except those requiring specific use permits, which conform in operation, location and construction to the Performance Standards hereinafter specified for noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, glare and Outdoor Storage. Any use indicated as an allowable use in the above-referenced Districts, as shown by section 4-10-82, shall be permitted. There also shall be permitted any other manufacturing, processing, fabricating, packing or storage use, except those requiring a specific use permit, which conforms in operation, location and construction to the Performance Standards hereinafter specified for noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, glare and outdoor storage.

(b)

The installation of any and all electrical substations that are within one hundred fifty (150) feet of any Residentially zoned or Residentially developed Tract, Parcel or Lot shall conform in all ways, including operation, location and construction, to the Performance Standards for substations hereinafter specified.

(Code 1960, § 26-22(A))

(a)

Noise. At no point at the Bounding Property Line of any use in the I-1 or PD Industrial Districts shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:

(1)

Maximum permissible daytime* octave band-decibel limits at the Bounding Property Line in an I-1 or PD Industrial District:

Note: A Scale levels are provided for monitoring purposes only and are not applicable to detail sound analysis.

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

(2)

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards in an I-1 or PD Industrial District:

When noise is present at nightime, subtract (− 7 db.).

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

When noise is present for not more than:

One-half minute in any one-half-hour period;

One (1) minute in any one-hour period add (+10 db.);

Ten (10) minutes in any two-hour period;

Twenty (20) minutes in any four-hour period.

(3)

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

(b)

Smoke and particulate matter. No operation or use in an I-1 or PD Industrial District shall cause, create or allow the emission for more than five (5) minutes in any one (1) hour of air contaminants which at the emission point or within the property are:

(1)

As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Bulletin 7118 and as specified by the Texas Air Control Board Regulations for the Control of Air Pollution as published by the Texas State Department of Health.

(2)

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 in subsection (b)(1) except that 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 outside atmosphere, the standards in subsection (b)(1) and (2) shall not apply.

(3)

The emission of particulate matter from all sources in an I-1 or PD Industrial District shall not exceed the level specified for Type C Land Use (industrial) by the Texas Air Control Board Regulations for the Control of Air Pollution as published by the Texas State Department of Health.

(4)

The open storage and open processing operations, including on-site transportation movements which are the source of wind or air-borne dust or other particulate matter; or which involves dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage, or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the Tract on which the use is located in concentrations exceeding the level specified for Type C Land Use (industrial) by the Texas Air Control Board Regulations for the Control of Air Pollution as published by the Texas State Department of Health.

(c)

Odorous matter.

(1)

No use shall be located or operated in an I-1 or PD Industrial District which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the Bounding Property Line or any point beyond the Tract on which such use or operation is located.

(2)

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by the American Society for Testing Materials, (A.S.T.M.D.) 1391-57 entitled Standard Method for Measurement of Odor in Atmospheres shall be used, and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

(d)

Fire and explosive hazard material.

(1)

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in an I-1 or PD Industrial District 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 fire department of the City.

(2)

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 such storage or use conforms to the standards and regulations of the Fire Department of the City.

(e)

Toxic and noxious matter. No operation or use permitted in an I-1 or PD Industrial District shall emit a concentration across the Bounding Property Line of the Tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent 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 in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Building Official of the City.

(f)

Vibration. No operation or use in an I-1 or PD Industrial District shall at any time create earthborne vibration which, when measured at the Bounding Property Line of the source of operation, exceed the limits of displacement set forth in the following table in the frequency ranges specified.

(g)

Glare. No use or operation in the I-1 or PD Industrial District shall be located or conducted so as to produce intense glare or direct illumination across the Bounding Property Line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

(Code 1960, § 26-22(B))

(a)

Noise. At no point of the Bounding Property Line of any use in the I-2 District shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:

(1)

Maximum permissible daytime* octave band-decibel limits at the Bounding Property Line in the I-2 Heavy Industrial District:

Note: A Scale levels are provided for monitoring purposes only and are not applicable to detail sound analysis.

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

(2)

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards in the I-2 District:

When noise is present at nighttime, subtract (− 7 db.).

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

When noise is present for not more than:

One-half minute in any one-half-hour period;

One (1) minute in any one-hour period add (+10 db.);

Ten (10) minutes in any two-hour period;

Twenty (20) minutes in any four-hour period.

(3)

Measurement of noise shall be made with an octave band analyzer meeting standards prescribed by the American Standards Association.

(b)

Smoke and particulate matter. No operation or use in the I-2 District shall cause, create or allow the emission for more than five (5) minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are:

(1)

As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Bulletin 7118 and as specified by the Texas Air Control Board Regulations for the Control of Air Pollution as published by the Texas State Department of Health.

(2)

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 in (1) above except that 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, the standards specified in section 4-10-292(b)(1) and (b)(2) shall not apply.

(3)

The emission of particulate matter from all sources in an I-2 District shall not exceed the level specified for Type C Land Use (industrial) by the Texas Air Control Board Regulations for Control of Air Pollution as published by the Texas State Department of Health.

(4)

The open storage and open processing operations including on-site transportation movements which are the source of wind or air-borne dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the Tract on which the use is located in concentrations exceeding the level specified for Type C Land Use (Industrial) by the Texas Air Control Board Regulations for the Control of Air Pollution as published by the Texas State Department of Health.

(c)

Odorous matter.

(1)

No use shall be located or operated in the I-2 District which involves the emission of odorous matter from a source operation where the odorous matter exceeds a concentration at the Bounding Property Line or any point beyond which, when diluted with an equal volume of odor-free air, exceeds the odor threshold (2 odor units).

(2)

The odor threshold and odor unit as herein set forth shall be determined by observation by a person or persons. In any case where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or when specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing Materials A.S.T.M.D. 1391-57 entitled Standard Method for Measurement of Odor in Atmosphere shall be used, and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

(d)

Fire or explosive hazard material.

(1)

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in the I-2 District except when such use is in conformance with all other ordinances of the City and has been approved by the Fire Department.

(2)

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 such storage or use conforms to the standards and regulations of the Fire Department of the City.

(e)

Toxic and noxious matter. No operation or use permitted in the I-2 District shall emit a concentration across the Bounding Property Line of the Tract on which such use or operation is located of toxic or noxious matter which will exceed ten (10) percent 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 in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Building Official of the City.

(f)

Vibration. No operation or use in the I-2 District shall at any time create earthborne vibrations which, when measured at the Bounding Property Line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified:

(g)

Open storage. Open storage of material and commodities is permitted in the I-2 District. No such permitted outdoor storage shall be so located or arranged to intrude into a Public Right-of-way or obstruct the view of such Right-of-way so as to constitute a restriction on the reasonable sight distance on the Right-of-way or at entry to the property therefrom.

(h)

Glare. No use or operation in the I-2 Industrial District shall be located or conducted so as to produce intense glare or direct illumination across the Bounding Property Line from a visible source of Illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

(Code 1960, § 26-22(C))

(a)

Noise. The maximum A-weighted sound levels for any electrical substation shall be as follows:

(1)

The maximum permissible sound level limit at the Property Line between the hours of 8:00 a.m. and 10:00 p.m. shall be fifty-five (55) dBA's.

(2)

The maximum permissible sound level limit at the Property Line between the hours of 10:00 p.m. and 8:00 a.m. shall be 50 dBA's.

(3)

In locations where ambient sound levels are greater than the permissible levels referenced above, an electrical substation shall not increase the existing ambient noise level greater than three (3) dBA's.

(4)

Measurement of noise shall be made with an octave band analyzer meeting standards prescribed by the American Standards Association.

(b)

Vibration. No electrical substation shall at any time create earthborne vibrations which, when measured at the Property Line of the source operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified:

(c)

Lighting. No lighting installed in conjunction with the installation of an electrical substation shall be located so as to produce direct illumination across the Property Line of such intensity as to create a nuisance.

(d)

Electrical disturbance. No electrical substation shall be permitted to emit any electrical disturbance at any point that would adversely affect the operation of any equipment (radio, telephone, television, etc.) other than that of the creator of such disturbance.

(e)

Equipment location. Any equipment within an electrical substation site shall not be permitted nearer than ten (10) feet to any Property Line.

(f)

Screening. For an electrical substation located adjoining, contiguous to or within one hundred fifty (150) feet of any Property Line, visual screening shall be required on property lines adjacent to Residentially Zoned or Developed property. Such screening shall consist of masonry or masonry and wood materials to ten (10) feet in Height, the total Height not to exceed twelve (12) feet (including two-foot security fencing on top of the screening) with placement required on or inside the property lines, and in the case of Front Yards, at or behind the Front Yard Setback line. Exception to the screening shall be allowed for two (2) gates, each no more than twenty (20) feet wide, for access to the electrical substation site when screening is required on all sides. No screening shall be required on any portion of such site which is adjacent to a major arterial Street. The screening required herein shall be properly maintained in good condition at all times.

(g)

Notice to the general public. At the time of purchase or option to purchase any Lot, Parcel or Tract, the purchaser or option holder shall place a Sign on such Lot, Parcel or Tract stating the intention to locate, Develop and construct an electrical substation facility. Such Sign must be placed within twenty-five (25) feet of the property line of greatest dimension paralleling any established or proposed Street and be no less than twelve (12) square feet in size. The Sign required herein shall be properly maintained until the Lot, Parcel or Tract is developed.

(h)

In this section "Property Line" shall be interpreted as the nearest property line of the nearest Residentially Zoned or Residentially Developed Tract, Parcel or Lot adjacent to the proposed location of an Electrical Substation. If the property is across any Street, Alley or other dedicated Open Space from the proposed location, then the far side of the open space farthest from the proposed location shall be interpreted as the Property Line.

(Code 1960, § 26-22(D))

(a)

License Required. All Mobile Food Units must be licensed by the Texas Department of State Health Services and shall meet all of the requirements of this Code.

(b)

Lighting. Exterior lighting must be hooded or shielded so that the light source is not directly visible to a residential use.

(c)

Signs.

(1)

A Mobile Food Unit is limited to signs attached to the exterior of the mobile unit. The signs must:

a.

Be secured and mounted flat against the Mobile Food Unit;

b.

Not project more than six (6) inches from the exterior of the Mobile Food Unit; and

c.

With characters at least three (3) inches tall on both exterior sides of the vehicle, express the following information:

i.

The name of the Mobile Food Unit;

ii.

A brief description of the nature of the business if not included in the name; and

iii.

The Mobile Food Unit's permit number issued by the Texas Department of State Health Services.

(d)

Trash. During business hours, the Mobile Food Unit shall provide a trash receptacle for use by customers, and the area around the Mobile Food Unit must be kept clear of litter and debris.

(e)

Location. All Mobile Food Units shall meet all of the following requirements related to location:

(1)

Must obtain and provide written approval from the property owner, if located on private property;

(2)

Must comply with all visibility requirements for vehicular and pedestrian traffic;

(3)

Must not impede vehicular and pedestrian access to building entrances, alleys, or driveways;

(4)

Must not be located on a parcel without site improvement required by the zoning ordinance, such as paving, landscaping, screening, and parking; and

(5)

If operating from a public right-of-way, must serve curbside, or the side opposite vehicular traffic, and must not impede traffic (pedestrian or vehicular) in any way.

(Ord. No. 8115 meeting, § 10, 2-13-2024; Ord. No. 8207 meeting, § 4, 8-26-2025)