Sixty feet from the front lot line;

Ten feet from any other street line;

Five feet from any side lot line;

Five feet from any rear lot line;

Accessory buildings shall not be located closer to the front lot line than the front line of the main structure.

Sixty feet from the front lot line;

Ten feet from any other street line;

Ten feet from any side lot line;

five feet from any rear lot line;

Accessory buildings shall not be located closer to the front lot line than the front line of the main structure.

Provide a residential format as an alternative to detached single-family homes;

Allow townhouses to be appropriately intermingled with other types of housing and allow residents of townhouses quality residential neighborhoods;

Ensure location and design standards compatible with surrounding property;

Prevent long, unbroken lines of row housing;

Make efficient, economical, comfortable, and convenient use of scarce land and open space resources; and

Serve the public purposes of increasing density by providing an alternative to conventional arrangements of yards and building areas.

Front yard setbacks and side yard setbacks for corner lots shall be a minimum of ten feet and a maximum of 20 feet. Unenclosed porch, entries and porticos may extend five feet into front yard setback, but no closer than ten feet from the property line.

Side yard setbacks within a single project shall be zero feet for townhomes. End unit townhomes shall be set back a minimum 6 feet from the side property line.

Uninterrupted groupings of attached townhouse units should not exceed six units in width with a minimum separation of 12 feet between groupings. This includes a minimum of six feet at the end of each grouping and the property line.

Not more than three contiguous townhouse units shall be built in a row with the same front line.

Townhouses, including the roof, shall not exceed 60 feet in height.

A garage footprint shall not exceed 625 square feet per unit. Garages in rear yards may have a second floor. A one-story garage shall be no taller than one and one-half stories or 20 feet in height. A two-story garage shall be no taller than 30 feet in height if it is a separate structure.

Townhouses shall have a minimum lot area of 3,500 square feet for each unit. This area may be on the same platted lot as the unit, may come from common open space, or may come from publicly accessed or commonly owned open space, which is within 300 feet of the unit, to be publicly dedicated within an overall project site plan. No more than one unit may claim the same public or common open space area towards meeting the requirement of 3,500 square feet for each unit.

Each townhouse shall have on its own lot one rear yard containing not less than 400 square feet, reasonably secluded from view from right-of ways or from neighboring property.

All parking lots, stalls or garage entrances for townhouse units shall be accessed from the rear of the property, by alleys or an internal drive aisle accessing the rear of the unit. Insofar as practicable, exterior off-street parking facilities shall be grouped in bays at the interior of blocks. No off street parking space shall be more than 100 feet by the most direct pedestrian route from a door of the dwelling unit it is intended to serve.

In townhouse developments with a total area greater than five acres at least 15% of the total area shall be devoted to public or common open space, exclusive of parking areas or accessory buildings. Common open areas may include recreational facilities. Provisions shall be made to assure that common open areas for the use and enjoyment of occupants of townhouses are maintained in a satisfactory manner without expense to the general taxpayer. In addition, the owner of a townhouse development or homeowners association created by the developer by recorded covenants and restrictions, shall preserve for the owners and occupants of the development lands set aside for open areas, parks, or recreational use, and the common off-street parking spaces established for the development.

Provide high density residential living;

Ensure location and design standards compatible with surrounding property;

Make efficient, economical, comfortable, and convenient use of land and open space; and

Serve the public purposes of increasing density.

All parking lots, stalls, carports or garage entrances for mid-rise, multifamily units shall be accessed from the rear of the property, by alleys or an internal drive aisle. Insofar as practicable, exterior off-street parking facilities shall be grouped in bays at the interior of blocks. No off-street parking space shall be more than 200 feet by the most direct pedestrian route from a door of the dwelling unit it is intended to serve.

In mid-rise, multifamily developments with a total area greater than five acres at least 15% of the total area shall be devoted to public or common open space, exclusive of parking areas or accessory buildings. Common open areas may include recreational facilities. Provisions shall be made to assure that common open areas for the use and enjoyment of occupants are maintained in a satisfactory manner without expense to the general taxpayer. In addition, the developer or homeowners association created by the developer by recorded covenants and restrictions, shall preserve for the owners and occupants of the development lands set aside for open areas, parks, or recreational use, and the common off-street parking spaces established for the development.

Not more than 40% of the site area may be occupied by buildings or structures including accessory buildings.

Accessory buildings shall be a maximum of twenty feet in height, unless otherwise permitted by the City Council.

Accessory building setbacks shall be a minimum of 25 feet from all property lines.

Towers or antennae shall be a maximum of 75 feet in height as measured from natural grade to the top of the facility.

Towers or antennae shall be separated from the nearest residential district by a minimum of three feet per one foot of facility height. No such facility shall be located closer than 750 feet to another telecommunications facility. These separation distances are applicable irrespective of city boundaries.

No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash or gas that is toxic, caustic or injurious to humans or property shall be produced.

Towers shall be painted a neutral color to reduce visual obtrusiveness or shall possess architectural characteristics and building materials that are compatible with surrounding buildings.

The design of the entire facility shall incorporate materials, colors, textures, screening and landscape necessary to blend the facility with the surrounding buildings.

No exterior lighting shall be allowed, except as required by the FAA.

The owner of the facility shall be responsible to maintain the facility for function, safety and aesthetics.

No commercial telecommunications facility shall be constructed, refurbished, repaired or installed without a permit from the city.

If the facility has not been in continuous operation for a period of twelve consecutive months, or if a code violation exists which has not been corrected within 30 days after notice by the city, the owner of the facility shall remove the facility within 90 days of receipt of notice from the city notifying the owner of the non-operation or code violation. Failure by the owner to remove the facility within the 90 days shall be grounds for removal by the city. In either case, the owner shall be liable for all costs associated with removal.

Installation and maintenance of a suitable buffer shall be required where an M-3 zone or use abuts any residential zone or use. The installation and maintenance of the buffer shall be the responsibility of the owner of the M-3 zoned property, or his or her lessee, agent or representative. See Article 7, Buffering, Landscaping, and Tree Preservation Regulations.

Tall trees, shrubs, and other landscape materials must be incorporated to screen or obscure undesirable views to towers, antennae or accessory buildings from the surrounding community.

The city may require trees to be planted in adjacent public property or rights-of-way for the purposes of visual screening.

Encourage opportunities for development innovation tailored to a particular site, that while clearly furthering the goals of the comprehensive plan, could not explicitly be established by generally applicable standards or guidelines;

Allow mixed-use development, which offers a greater variety in type, design and layout of buildings;

Encourage land conservation and more efficient use of open space; and

Permit modification of certain controls in a manner so as to produce large area development arranged to better serve community needs.

Multifamily (five or more units).

Retail trade, with no outdoor display or sales.

Clothes cleaner, dry cleaner.

Grocery store.

Office general.

Personal services (excluding tattoo parlors and repair shops).

Community, social uses - indoor.

Food service establishment.

Financial services - banks.

Any other uses not mentioned in the above are prohibited.

Height: 120 feet maximum.

Front setback: 25 feet maximum.

Side setback: no maximum.

Rear setback: 25 feet minimum .

Lot size: 1,000 square feet per unit.

Enclosing walls or courtyards. In the case of outdoor public spaces, cafes or courtyards in front of, or on the side of buildings, the “build to” requirement may be met by including an appropriate wall or fence at the lot line.

Off-street parking areas shall be behind the building and to the sides. Parking must meet all applicable city ordinances, rules and regulations. Provided however:

Services and deliveries shall utilize secondary or rear entrances to the building whenever possible.

Additionally, 4.3.3 of the zoning ordinance shall be adhered to with the following exceptions:

Site access and internal circulation standards are intended to balance the need for site access by vehicles with pedestrian movements. Design elements are intended to create a smooth transition from the public rights-of-way to the property, and to improve the appearance and function of the public rights-of-way for all users, including pedestrians, bicycles, and automobiles.

Curb cuts for property not being subdivided shall be allowed according to the same lot access standards established in the Balcones Heights’ Subdivision Regulations. When the development process requires access standards different from those standards, either from Sec. 153.4.2 of this appendix, requirements specified in a traffic study or by variance, the varying standards shall be applied.

All driveways shall be set back a minimum distance of three feet from the side lot line, except where shared access driveways are permitted. All internal driveway aisles shall be designed to meet minimum fire code standards and on-site driveway and parking standards including sidewalks, planting strips, and parking lanes.

Clear sight lines shall be maintained for all lot access points and internal circulation intersections in accordance with the standards for public street intersections specified in the city ordinance.

Waste receptacles, dumpsters, and ground level mechanical equipment shall be screened from public view by walls, or with sustained landscaping or in a manner permitted by law if such landscaping not be permitted or feasible, except for gate control units.

Whether on-site or incorporated into the building, the required screening treatment is a solid wall enclosure compatible with the materials, colors and architectural style of the building. No wood fencing shall be allowed.

Additional landscape screening around the enclosure is required if the enclosure can be seen from a public street. This required landscape buffer shall be irrigated and maintained.

Screened areas shall be located to the rear or secondary side of the building in order to minimize visual impacts.

When required by this section, all mechanical or operating equipment, materials, or activities not contained within a building, such as drive-through equipment, outdoor storage of materials, stationary machinery, and outdoor servicing activities located in a street yard, shall be enclosed or screened by a wall or fence of solid appearance in sufficient height for this purpose. Such walls or fences may be enhanced with the planting of shrubs.

When required by this section or other ordinances screening of a specified operations (e.g. operating equipment) shall be a wall or fence of solid appearance or tight hedge, with greenery year around, six feet in height at maturity.

Fences are permitted in all zoning districts. A building permit shall be obtained prior to construction of any fence. Fences shall be subject to the standards established in Article 7, Buffering, Landscaping, and Tree Preservation.

All undeveloped yards and open spaces required by this appendix, and all natural screening material, shall be planted according to the specifications in Article 7, Buffering, Landscaping, and Tree Preservation.

In addition to landscape requirements in Article 7, Buffering, Landscaping, and Tree Preservation, this section provides guidelines for private streetscape and landscape design in mixed-use areas, which shall be utilized for this property.

Private landscaping elements shall be consistent with public streetscape plants and materials required for MXD Districts.

Seasonal amenities such as portable planters, street trees or other landscaping are permitted and encouraged as long as pedestrian movement is not hindered.

Any off-street parking area that directly abuts a pedestrian walkway shall incorporate landscape features along the perimeter of the parking lot. A minimum five-foot landscape area shall be maintained between the public right-of-way and the off-street parking area. Landscaping shall include combinations of ground cover, seasonal color, trees, and ornamental fencing.

Parking lots, when adjacent to sidewalks, shall preserve the presence of the required setback or “build to” line, and when adjacent to public sidewalks by means of a wall, fencing and/or landscape element, subject to the requirements of Sec. 153.4.1.5 regarding clear site lines.

Subject to other code requirements, the wall, fence and/or landscape element shall be continuous, except for the pedestrian and vehicle entrance. The pedestrian and vehicle entrance shall not exceed more than 20% of the linear footage of the wall or fence line, except that a minimum five-foot pedestrian entrance and 12-foot vehicle entrance is required.

Parking lots with 50 or fewer spaces and open areas requiring lighting for general purposes shall have light poles that do not exceed 20 feet overall height. Parking lots having more than 50 spaces shall have light poles that do not exceed 40 feet overall height. Luminaries of a sharp cut-off design are required to shield light source above 72 degrees from vertical and providing 1.0 average maintained foot-candles with the following uniformity ratios:

3:1 average/minimum (.33 FC minimum) with the maximum or minimum foot-candle level at any point lighted area.

12:1 maximum/minimum (4.0 FC maximum) are required in all cases with the maximum or minimum foot-candle level at any point lighted area.

A photometric grid shall be furnished by developer at time of building permit application.

Final architectural design to be approved by the City Council.

No blank walls. Site plan configurations and building designs shall not create walls that are predominantly blank and unadorned along public streets except for retaining walls

Encourage opportunities for development innovation tailored to a particular site, that while clearly furthering the goals of the comprehensive plan, could not explicitly be established by generally applicable standards or guidelines;

Allow mixed-use development, which offers a greater variety in type, design and layout of buildings;

Encourage land conservation and more efficient use of open space; and

Permit modification of certain controls in a manner to produce large area development arranged to better serve community needs.

Administrative Office.

Appliance, sales, service, and repair.

Antique Store.

Bakery and Candy & Nut Confectioner, with retail sales.

Barber and Beauty Shops, to include Make-Up Artist.

Bike Shop, sales and repair.

Book Store.

Boutique Shop.

Building/Construction Companies, administrative offices only.

Business Machine, Office Equipment and Computer Software, retail.

Calligraphy Office.

Cell Phone/Electronic Repair Shops.

Church, Temple or Mosque (facilities for worship or study of religion)

Coffee or Sandwich Shop, with no drive thru.

Collectible Shop.

Community, Social Uses-Indoor.

Day Care, tenant use only.

E-commerce and On-line based Supply Shops.

Electric Company, small size only.

Employment Agency.

Estheticians, without burning of candles and incense.

Exterminators.

Florist, with retail sales.

Food Service Establishment.

Food Service Establishment, Food Preparation (Catering Facility).

Game and Movie Rentals Shops.

Glass Repair Shop.

Hand Crafted Wares such as pottery, jewelry, art, manufacturing, and retail.

Hearing Aid, sales and service.

HVAC Company, small size only.

Industrial Tool, retail.

Insulation Companies.

Dance and Performing Art Studios.

Gunsmiths.

Indoor Archery Range, with retail sales.

Interior Decorating Studios.

Locksmith.

Maintenance/Janitorial Service Companies.

Manufacturing-Light.

Martial Arts/Self Defense/Gymnastics Schools.

Medical/Dental Labs, prosthetics, dental appliances.

Medical Professionals for diagnosis, treatment, physicians, dentists.

Medical and Surgical Supply Companies.

Mobile Food Vending Operators.

Museum/Art Gallery.

Non-Profit, offices only.

Office-General.

Photographic Studio.

Plumbing Repair and Fixture retail.

Rental Event Specialties.

Party Planners.

Pest Control Company, with non-hazardous materials.

Private Insurance Providers.

Retail Trade, with no Tattoo or Head Shops.

Retail-Laundry, Dry Cleaner, with pick up and drop off, no processing.

Rug and Carpet Companies.

Shoe Repair.

Sign Shop.

Specified Financial Institutions, with no loan offices.

Silk Screeners.

Tailor and Embroidery Shops.

Tax Office.

Taxidermist,

Trophy Engraving Store.

Warehouse.

Warehouse Trade, with no outdoor sales or display.

Watch Repair.

Any other uses not mentioned in the above are prohibited.

Height: 35 feet maximum.

Front Setback: 20' minimum.

Side Setback: 20' minimum.

Rear Setback: 20' minimum.

Lot Size: 1,000 Square Feet per unit.

Section 153.6.1.2 Parking Dimensions and Size shall be adhered to.

Off-street truck loading requirements cited in Section 153.6.2.1 are not required for this zoning district. Truck loading is permitted within drive aisles but cannot exceed two (2) hours and must provide reasonable accommodation of ingress and egress for vehicular traffic within the site.

Certificates of Occupancy shall be issued on the cumulative required parking based on the current occupancy and required parking spaces. At no time shall a Certificate of Occupancy be issued without meeting the required parking availability.

Primary ingress/egress access shall be on Gill Road with no driveway access along the Interstate Highway 10 West frontage road. Any secondary access point onto Dewhurst Drive that is secured for emergency access only must be equipped with a Knox Box.

Tenants limited to two company vehicles parked outside after hours. No outside parking of trailers, heavy equipment or other company equipment.

Clear sight lines. Clear sight lines shall be maintained for all lot access points and internal circulation intersections in accordance with the standards for public street intersections specified in the City ordinance.

Dumpster Enclosures shall be provided and must match the building exterior and utilize metal doors on the front.

Ground level mechanical/electrical equipment shall be screened from public view by walls, or with sustained landscaping or in a manner permitted by law if such landscaping is not permitted or feasible, except for gate control units.

Architectural compatibility whether on-site or incorporated into the building, the required screening treatment is a solid wall enclosure compatible with the materials, colors and architectural style of the building. No wood fencing shall be allowed.

Additional landscape screening around the enclosure is required if the enclosure can be seen from a public street. This required landscape buffer shall be irrigated and maintained.

Screened areas shall be located to the rear or secondary side of the building to minimize visual impacts.

A landscape buffer shall encompass the entire property. A six-foot stone, concrete or masonry opaque wall shall buffer all properties adjacent to the site.

When required by this article or other ordinances screening of a specified operations (e.g., operating equipment) shall be a wall or fence of solid appearance or tight hedge, with greenery yeararound, six feet in height at maturity.

Use Article 7 of the Zoning Ordinance Landscape materials. All undeveloped yards and open spaces required by this appendix, and all-natural screening material, shall be planted according to the specifications in Article 7, Buffering, Landscaping, and Tree Preservation.

Interior Landscaping. Parking end caps and adjacent to building front facades shall incorporate interior landscaping and may include evergreen bushes, ground covers, perennials, small bushes, and small and medium trees. Xeriscape landscape plans are acceptable to reduce water use.

Clear sight lines shall be maintained for all lot access points and internal circulation intersections in accordance with the standards for public street intersections specified in the city ordinances. No landscaping may encroach into drive aisle or impair site [sight] triangle visibility at intersections.

Perimeter parking landscape. Any off-street parking area that directly abuts a pedestrian walkway shall incorporate landscape features along the perimeter of the parking lot. Landscaping shall include combinations of ground cover, seasonal color, and trees.

A 55-foot electronic sign with the dimensions of 15 feet by 30 feet shall be installed.

Electronic sign will meet section 153.12.16 Electronic signs.

Except for the 55-foot electronic sign, all requirements for signage are to adhere to Article 12 Sign and Advertising Devices of the Zoning Ordinance.

Interior pole or monument directional signs not to exceed 3 feet in height are permitted.

All tenant suites must post the building and suite address clear visibility from the drive aisles. All suites with a rear access door shall clearly depict the business building and suite address. To ensure visibility the numbers and letters should be no less than four inches in height and of a color which contrasts with the background so as to be outstanding.

Luminaries of a sharp cut-off design are required to shield light source above 72 degrees from vertical and providing 1.0 average maintained footcandles with the following uniformity ratios:

A photometric grid shall be furnished by developer at time of building permit application.

Any light used to illuminate a parking lot shall be so arranged as not to be directed into or spill over the property line of an adjacent residential use or district.

Final architectural design to be approved by the City Council.

No blank walls. Site plan configurations and building designs shall not create walls that are predominantly blank and unadorned along public streets except for retaining walls.

Articulation shall be installed on all building fronts and along the rear of the building visible from Beryl Drive/Dewhurst Road.

Parapets and rooflines along the building fronts shall have articulation.

Accessory buildings are not allowed without prior approval of the city council.

Monday through Friday: Business hours shall be limited to 6:00 a.m.-8:00 p.m.

Saturday and Sunday: Business hours shall be limited to 6:00 a.m.-6:00 p.m.

No outside displays allowed;

No outside sales allowed;

No outside storage allowed; and

No work associated with the business allowed outside.

Adherence to all other applicable Balcones Heights ordinances is required unless a variance is approved by the City Council.

Changes or amendments to a Planned Unit Development shall be processed in the same manner as the original request. Slight changes in the detail or reductions in size of less than twenty [percent] (20%) of the minimum required land area of the Planned Unit Development that do not change the intent, meaning or relationship of structures to each other may be approved by the City Administrator or designee.

The City Administrator shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted. The City Administrator may consider the following to determine compatibility:

The nature of the use and Interpretations may be ratified by the City Council by issuing a Special Use Permit upon recommendation by the Planning and Zoning Commission at a regularly scheduled meeting. Should the City Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the City Administrator’s decision shall be recorded in writing. Should the City Administrator determine that a materially similar use does not exist, the matter may be referred to the Planning and Zoning Commission for consideration for amendment to this chapter to establish a specific listing for the use in question. Unless an appeal is timely filed pursuant to Sec. 153.2.2.1.(4) of this chapter, a decision of the City Administrator pursuant to this section is deemed to be valid. If, when seeking periodic ratification of interpretations, the City Administrator’s interpretation is reversed, then decisions made in reliance on the City Administrator’s interpretation shall be deemed to be nonconforming uses.

Article 4: Design and Form Standards.

Article 5: Special Districts, Uses and Conditions.

Article 6: Vehicle Parking and Loading Requirements.

Article 7: Buffering, Landscaping and Tree Preservation.