1. 1.
   Character. Preserve and enhance a community character that conveys a positive, lasting impression on both residents and visitors;
2. 2.
   Functionality. Provide buildings that are functional, safe, and attractive;
3. 3.
   Public Realm. Establish the physical and functional relationships between buildings and the public realm; and
4. 4.
   Form. Prescribe the rules related to building massing, form, and design.

1. 1.
   Adequacy. Ensure that adequate off-street parking for vehicles and bicycles and facilities for loading and stacking are provided for new land uses and changes in use;
2. 2.
   Mitigation of Impacts of Development.  Minimize the negative environmental and urban design impacts that can result from excessive parking, driveways, and drive aisles within parking lots;
3. 3.
   Economic and Environmental Costs. Facilitate economic development and efficiency by providing applicants with cost-saving opportunities through the reduction of required parking spaces, encouragement of efficient land use, minimization of construction expenses, and fostering business growth while maintaining the overall functionality of the urban environment and encouraging pedestrian-friendly character where appropriate.
4. 4.
   Safety. Establish standards and regulations for safe and well-designed vehicle use areas that minimize conflicts between pedestrians and vehicles; and
5. 5.
   Reductions. Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in context-sensitive locations.

1. 1.
   Balance Between Ecology and Aesthetics. Promote the value and benefit of landscaping as a means of protecting and preserving the appearance and character of the City, while recognizing the need to utilize water and other resources as efficiently as possible; 
2. 2.
   Mitigation of Impacts of Development. Remove, reduce, lessen, or mitigate the impacts between differing uses of abutting zoning districts including noise, dust, debris, artificial light intrusions, and other impacts of an abutting or nearby use; 
3. 3.
   Natural Resource Protection and Stormwater Mitigation. Preserve the ecological function of sensitive natural resources, including contributing to the process of air purification, lessening the urban heat island effect that comes with an abundance of paved surfaces, groundwater recharge, control of stormwater runoff, energy conservation, promotion of low-impact development designs and best management practices to reduce the risk of flooding, and restoration of pre-development hydrologic conditions on development sites without solely using traditional storm drainage conveyance systems; and 
4. 4.
   Quality of Life. Promote the health and quality of life of the residents of the City through the protection of trees, the planting of new trees, and the provision of landscaping for development.

1. 1.
   Safety. To promote the safety of persons and property by providing that signs do not: 

   1. a.
      Create a hazard due to collapse, fire, decay, and/or abandonment; 
   2. b.
      Obstruct firefighting or police observation; or, 
   3. c.
      Create traffic hazards by confusing or distracting pedestrians, motorists, or cyclists. 
2. 2.
   Provide Information. To promote the efficient transfer of information through the effective use of signs, with messages that: 

   1. a.
      Afford priority to the conveyance of public safety messages; 
   2. b.
      Allow businesses and services to identify themselves to the public; 
   3. c.
      Allow potential customers to locate a business or service; and
   4. d.
      Ensure that the right to free speech is preserved. 
3. 3.
   Environmental Preservation and Aesthetics. To protect the public welfare and to preserve and enhance the appearance and economic value of the built environment, by providing that signs: 

   1. a.
      Do not interfere with any scenic views; 
   2. b.
      Do not create visual clutter to persons using the public rights-of-way; 
   3. c.
      Do not create a nuisance to occupants or customers of adjacent property by the way of sign size, height, brightness or materials; and
   4. d.
      Do not have a detrimental effect on land or property values. 
4. 4.
   Police Powers. The provisions of this chapter are intended to be an exercise of the City’s police powers to promote and protect the public health, safety, and general welfare within the framework of constitutional freedoms of speech and expression, as protected by the First Amendment to the United States Constitution and Article 1, Section 8 of the Texas Constitution. All regulations in this article are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of persons to speak freely.

1. 1.
   360-Degree Architecture. No particular architectural style is mandated. However, the architectural style of the front facade shall be expressed on all four sides of the building. 
2. 2.
   Building Orientation. 

   1. a.
      Primary entrances shall face a public right-of-way to the maximum extent practicable.
   2. b.
      The Administrator may approve alternative orientations for primary entrances facing common green spaces or other common areas such as courtyards, plazas, and gathering spaces. The placement of a principal dwelling in a perpendicular or sideways orientation on an interior lot is prohibited (See Figure 3.22-1 Building Placement).

1. 1.
   360-Degree Architecture. No particular architectural style is mandated. However, the architectural style of the front facade shall be expressed on all four sides of the building.
2. 2.
   Building Orientation.

   1. a.
      Adjacent to Public Streets. Every front façade with a primary entrance to a dwelling unit(s) shall face the adjacent public street to the maximum extent possible. Every building containing three or more dwelling units shall have at least one building entry or doorway facing each adjacent public street.
   2. b.
      Interior Property Lines. Along interior property lines, apartment building types shall be oriented in a more perpendicular direction to adjacent lower-density residential uses or zoning districts, or adjacent commercial or industrial uses or zoning districts. When parallel orientation is necessary, building setback from the adjacent use or district boundary shall be increased by at least 50 percent.
   3. c.
      Observation onto Public Areas. Primary structures shall be located and designed so that residents can easily observe the common open spaces, circulation paths and access points into the development.
   4. d.
      Courtyards. An apartment building type may be oriented to a common use courtyard. When an inner courtyard is proposed, the courtyard providing access to double-row dwelling groups shall be a minimum of a 1:1 ratio with the building height or a minimum of 20 feet in width, if the building is lower than 20 feet in height.
3. 3.
   Entrances. 

   1. a.
      Pedestrian entry to the site from the fronting street shall be emphasized through landscaping, special paving, gateways, arbors, and/or other similar features.
   2. b.
      Primary building entrances and entrances facing a street shall be covered with a canopy, awning, or similar weather protection.
   3. c.
      Apartment building types with common entries shall provide one zero-step entrance to each building from an accessible path at the front, side, or rear of each building. 
4. 4.
   Building Articulation. All buildings shall contain architectural details that promote good design (see Figure 3.23-1, Illustrative Application of Building Design Standards for Multiplexes and Apartments) which shall include:

   1. a.
      Building frontages greater than 75 feet in length along a street or public right-of-way, including corner lots, shall have a minimum of three of the following:

      1. i.
         Dormers;
      2. ii.
         Gables;
      3. iii.
         Recessed or covered porch entries;
      4. iv.
         Cupolas or towers;
      5. v.
         Pillars, posts, or columns;
      6. vi.
         Balconies;
      7. vii.
         Eaves (minimum 12-inch projections);
      8. viii.
         Overhanging eaves with exposed rafters;
      9. ix.
         Off-sets in building face or roof (minimum 16 inches);
      10. x.
          Decorative patterns on exterior finishes (e.g. scales/shingles, wainscotting, ornamentation, and similar features);
      11. xi.
          Other distinctive features to interrupt the length of the building façade as approved by the Planning Director.
   2. b.
      Front and street sides of buildings visible from the public right-of-way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15 percent of all exterior wall area.
5. 5.
   Stairwells. 

   1. a.
      Stairs and stair wells that provide primary access to units on upper floors shall be covered and fully integrated into the principal and secondary building façades.
   2. b.
      Long, linear, and/or hidden stairways or corridors shall be avoided.
   3. c.
      Stairwells and access to stairwells shall be covered to protect from inclement weather.
   4. d.
      All stairwells may extend from the footprint of the building a maximum of 3 ft. and shall be incorporated into the design of the facade using consistent and compatible materials and design.
6. 6.
   False door or window openings. Use of false door or window opening shall be defined by frames, sills, and lintels.

1. 1.
   Building Orientation. Buildings shall generally be parallel to the street they front unless an alternate orientation is consistent with existing adjacent development.
2. 2.
   Primary Entrance. The primary entrances of buildings shall be oriented:

   1. a.
      Towards a street along the perimeter of the development or towards a public space, if located adjacent to the proposed project; or
   2. b.
      Towards streets in the interior of the development if none of the building's facades has frontage on a public street; or
   3. c.
      As approved by the Planning Director or the Planning and Zoning Commission during site development plan review.
3. 3.
   Siding. Building facade siding of any type shall not occupy more than 35 percent of any elevation facing a public right-of-way. 
4. 4.
   Building Articulation and Relief. The following shall apply to building facades visible from a public right-of-way. 

   1. a.
      Buildings over 25 feet in height shall utilize elements such as massing, windows, canopies, and articulated roof forms to create a visually distinct building base, middle, and top (see Figure 3.24-1, Horizontal Articulation);
   2. b.
      Buildings over 40 feet in length shall incorporate at least three of the following elements each 40 horizontal feet of the building facade:

      1. i.
         Use of columns or vertical piers;
      2. ii.
         Variation in building material; siding style; or color;
      3. iii.
         Provide projections, recessions, or facade reveals that include but are not limited to, columns, pilasters, cornices, and bays with a variation of wall plane at a minimum depth of 12 inches;
      4. iv.
         Roof overhangs above the entrance;
      5. v.
         Entry recesses/projections;
      6. vi.
         Arcades that are physically integrated with the entrance;
      7. vii.
         Raised corniced parapets above the entrance;
      8. viii.
         Gabled roof forms or arches above the entrance;
      9. ix.
         Outdoor plaza adjacent to the entrance having seating and a minimum depth of 20 feet;
      10. x.
          Display windows that are directly adjacent to the entrance;
      11. xi.
          Architectural details, such as tile work and moldings, that are integrated into the building structure and design and are above and/or directly adjacent to the entrance; 
      12. xii.
          Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof; or
      13. xiii.
          Other methods as approved by the Planning Director. 

Generally. A site shall comply with the minimum and maximum parking spaces, where required, based on Table 3.32-1, Minimum and Maximum Vehicle Parking Spaces, for permitted, limited, and special uses in Sec. 2.31, Consolidated Use Table. In addition, off-street loading, and stacking shall be provided, located, and designed in accordance with the standards of this Section. 

1. 1.
   New Uses and Development. Unless otherwise expressly stated, the parking standards of this division apply to all new buildings constructed and all new uses established in all zoning districts. 
2. 2.

   Change of use. When an existing or previously existing use fails to provide the number of off-street parking spaces required under this ULDC and a new use is proposed the existing parking (deficit) may be continued. When the number of parking spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the property, additional spaces are required only to make up the difference between the number of spaces required for the previous use and the number of spaces required for the new use, based on the regulations of this zoning ordinance.

3. 3.
   Enlargements and Expansions.

   1. a.
      Unless otherwise expressly stated, the regulations of this division apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, seating capacity, employees or other units of measurement used for establishing off-street parking requirements.
   2. b.
      In the case of enlargements or expansions that trigger requirements for additional parking, additional spaces are required only to serve the enlarged or expanded area, not the entire building or use. In other words, there is no requirement to address lawfully existing parking space deficits. 

1. 1.
   Prohibited.

   1. a.
      In order to park, load, unload, or stack, no vehicle use area (VUA) shall require a vehicle to maneuver into a public right-of-way except in the case of a single- or two-family dwelling unit or where vehicular access is from an alley.
   2. b.
      In addition, no VUA shall: 

      1. i.
         Hinder the free movement of pedestrians and vehicles over a sidewalk or street; or
      2. ii.
         Overhang or encroach into a public right-of-way, including a sidewalk or into a walkway on private property, except where an encroachment permit is granted; or 
      3. iii.
         Overhang or encroach an adjacent property under separate ownership except where an easement, shared driveway, or private street as described in Article 4, Subdivision Design, is in place. 
2. 2.

   Dimensions. Parking, loading, and stacking space dimensions are exclusive of access drives or aisles. All such spaces shall have a vertical clearance of at least seven feet.

Lighting and Noise. The following standards shall apply to all VUAs:

1. 1.
   Lighting shall comply with Division 3.5, Outdoor Lighting.
2. 2.
   An area used for primary circulation, frequent idling of vehicle engines, or loading activity shall be designed and located to minimize the effects of noise, pollution, and vehicle lights on an adjoining property.

1. 1.
   ​​​​​​Fractions. If the final calculated number of required parking, loading, or stacking spaces includes a fractional space, the number of required spaces shall be increased to the next whole number if the fraction is five-tenths or more, and when the fraction is less than five-tenths, the next lower whole number shall apply.
2. 2.
   Variables for Calculating Required Spaces. The variables used for calculating spaces are measured as shown in Table 3.31-1, Parking, Loading, and Stacking Variable Meanings.

1. 1.
   This Section applies to all uses and structures in all zoning districts, except as provided below.
2. 2.
   Uses within the DTA zoning district shall be exempt from the minimum or maximum off-street parking requirements of this section. Any parking spaces provided shall comply with all other site development standards in this Division. DTA and SJ have specific standards for parking locations.  

1. 1.
   Dimensions. The area is at least 10 feet wide and 20 feet deep in dimension and is not part of an access drive to a private garage or carport;
2. 2.
   Encroachment. The area does not encroach upon a public sidewalk;
3. 3.
   Surface. The area has an improved hard surface as required in Sec.  3.33 (B), Surfacing and Drainage; and
4. 4.
   Access. The area is accessible from the street or alley.

1. 1.
   Tandem Parking. Each parking space shall be accessible from a street or alley through aisles and/or driveways, except that tandem parking arrangements are permitted for single-unit, duplex, and manufactured home uses or as allowed based on an approved parking study as described in Sec. 3.35, Parking Credits and Reductions.
2. 2.
   Dead-End Aisles. Dead-end aisles are not permitted unless adequate turnarounds usable by a two-axle vehicle are provided.
3. 3.
   Marking. All parking spaces for nonresidential and mixed-uses shall be clearly marked on the pavement with white traffic paint or raised pavement markers approved by the City Engineer.
4. 4.
   Parking Space Orientation. Parking areas shall be designed to minimize headlights shining into residential properties.
5. 5.
   Parking Module Dimensions. Parking spaces, excluding required accessible spaces, shall meet the minimum dimensional standards provided in Table 3.33-1, Single Row Parking Space Dimensions, and Table 3.33-2, Double Row Parking Space Requirements

1. 1.
   On-Street Parking Credit.

   1. a.
      On‐street parking spaces may provide credit to satisfy the minimum parking space requirements for residential uses as established in Sec. 3.32, Required Off-Street Parking, on streets designed for on-street parking. The use of on‐street parking spaces to satisfy minimum parking requirements in no way guarantees the use of such parking spaces to residents, employees, or visitors of the subject property. 
   2. b.
      On-street spaces shall be located on a public or private street, shall be available to the general public, and directly abutting the subject property.
   3. c.
      Bus stops, clear zones adjacent to curb cuts, and other areas in which parking is prohibited shall not be 
      included in the calculation of available on‐street parking spaces. 
   4. d.
      An on‐street parking space shall be a minimum of 20 feet in length.  A minimum of 16 linear feet of an on-street parking space shall be directly adjacent to the subject property in order to be counted as a parking space.
2. 2.
   Off-Site Parking Credit. Off-site parking spaces may provide credit to satisfy the minimum parking space requirements in any residential or mixed-use zoning district subject to the following:

   1. a.
      The parking lot complies with all applicable requirements of this ULDC. 
   2. b.
      The parking lot is wholly within a residential or mixed-use zoning district; and
   3. c.
      The off-site parking lot is within 300 feet of the subject property, measured from the nearest property lines.

1. 1.
   Planning and Zoning Commission. The Planning and Zoning Commission may approve a reduction in the number of required parking spaces if the applicant demonstrates that a reduction is appropriate based on the applicant providing a parking study with specific parking demand forecasts for the proposed use and/or on the provision of alternative parking or transportation demand management programs that tend to reduce the demand for parking spaces, provided that:

   1. a.
      The study is prepared by a professional transportation planner or traffic engineer;
   2. b.
      The forecasts are based upon a peak parking analysis of at least five comparable uses; and
   3. c.
      The comparability of the uses is documented in detail, including their location, gross floor area, street access, use types and restrictions, hours of operation, peak parking demand periods, and all other factors that could affect parking demand.
2. 2.
   Transportation Professional. The Planning Director may retain a qualified transportation planner or traffic engineer, at the applicant's expense, to review the parking demand forecast and provide recommendations to the Planning and Zoning Commission.
3. 3.
   Reserve. The balance of the land necessary to meet the parking requirements shall be held in reserve as an undeveloped area, to meet any future needs generated by an expansion of the business, a change in land use, or underestimated parking demand.  

1. 1.
   Vehicles Spaces. Except for a conventional detached home, garden home, or duplex, or where valet or tandem parking is utilized, all required parking shall be designed so that vehicles enter or leave a parking space without having to move any other vehicle.
2. 2.
   Turn-Arounds. Any parking row that does not provide two means of vehicular egress must provide a space designated as a turn-around area. This space shall be located at the end of a parking row, be designed with the minimum dimensions as shown in Figure 3.38-1, Vehicle Parking Turnaround Configuration, or another configuration deemed acceptable by the City Engineer, and include a “No Parking” sign.

1. 1.
   Outside of the MUN, DTA, and SJ Districts. Bicycle parking is required for new development, redevelopment, or substantial improvement of land for which there are at least 50 vehicle parking spaces required.
2. 2.
   MUN, DTA, and SJ Districts. Short-term bicycle parking shall be required for properties that have surface or structured parking with 15 or more parking spaces. Long-term bicycle parking shall be provided for all mixed-use buildings that have 50 or more dwelling units, at a rate of one long-term bicycle parking space per each 10 dwelling units.

1. 1.
   Low-Density Uses. Agricultural and single-unit detached and attached dwellings as set out in Sec. 2.31, Consolidated Use Table; and
2. 2.
   Small Land Uses. Buildings with less than 5,000 square feet of gross floor area.
3. 3.
   DTA District. Properties in the DTA district are exempt from the standards of this Subsection where a minimum of six short-term bicycle parking spaces are present on the same block.

1. 1.
   Mixed-Use or Non-Residential Development Outside of MUN, DTA, and SJ Districts Districts. Development shall provide one short-term bicycle parking space per each 20 vehicle parking spaces.
2. 2.
   MUN, DTA, and SJ Districts. Development shall provide one short-term bicycle parking space per each 10 vehicle parking spaces, plus one long-term bicycle parking space per each 10 dwelling units.
3. 3.

   Multi-Unit Development. One long-term bicycle parking space shall be provided per each 25 dwelling units in association with an apartment complex or the residential element of a mixed-use development.

4. 4.
   Rounding. If the final calculated number of bicycle parking spaces includes a fractional space, then the number of required bicycle spaces is rounded up to the nearest whole number.

1. 1.
   Anchored. Bicycle parking shall be designed so that racks are securely anchored to a hard surface to prevent easy removal.
2. 2.
   Location. Short-term bicycle parking is ideally covered from weather and at least 50 percent of the required spaces shall be located within 50 feet of the main entrance to a building. Secured indoor spaces shall provide room and accessibility for bicycles to satisfy long-term parking requirements.
3. 3.
   Multi-Tenant Sites and Centers. Sites that have more than one principal building shall provide racks within 50 feet of the main entrance of each building.
4. 4.
   Spatial Dimensions and Clearance.

   1. a.
      Area. A bicycle parking space shall be a minimum of six feet long and two feet wide.
   2. b.
      Minimum Wall or Object Clearance. There shall be a minimum space of 24 inches between a wall or solid object and the bicycle rack. 
   3. c.
      Minimum Space Between Racks. There shall be a minimum space of 36 inches between bicycle racks. 
5. 5.
   Accessibility. Bicycle parking facilities shall not interfere with accessible paths of travel or parking as required by the Americans with Disabilities Act (ADA).
6. 6.
   Public Right-of-Way. The City Engineer may permit bike racks to be installed in the public right-of-way. Business operators or property owners who choose to install bicycle parking within the public right-of-way are responsible for maintaining the racks.
7. 7.
   Signage. When not clearly visible, signage of one square foot in size is required to safely direct cyclists to bicycle parking areas.
8. 8.
   Design Guidelines. All bicycle parking spaces shall be constructed in accordance with the latest version of the Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines.

1. 1.
   Location. Foundation planting areas, as illustrated in Figure 3.42-1, Foundation Plantings, below, shall be adjacent to the base of the building, for a minimum of 66 percent of linear feet along the front, corner, and side facades and the average width as set out in Table 3.42-1, Foundation Planting Requirements.  Where planting areas are required, they may be crossed with walkways to provide access to the building.
2. 2.
   Number of Plantings.  A minimum of one small or evergreen tree and five shrubs shall be planted within the foundation planting areas that face the front and exterior side setbacks per every 50 linear feet, measured parallel to the building.  
3. 3.
   Groundcover. The remaining portions of the planting area shall be planted with groundcover or consist of rocks or decorative pavers.   

1. 1.
   Setbacks.  Fences and walls are permitted in any required setbacks.
2. 2.
   Height. The maximum height of a fence or wall within a required front or corner setback shall be 42 inches. The maximum height for any other residential fence or wall shall be eight feet. ​​​​​Fences or walls built parallel to and outside of the corner setback may have a maximum height of eight feet and have no opacity requirement. No fences shall be located within a clear visibility triangle.

1. 1.
   Barbed, razor, or electric wire;
2. 2.
   Corrugated metal (in residential zoning districts only);
3. 3.
   Used lumber;
4. 4.
   Fiberglass, unless one good coat of primer and two coats of neutral paint are applied; and
5. 5.
   Used or salvage materials unless specifically noted on plans and approved by the Building Official.

1. 1.
   Be installed by the subdivider;
2. 2.
   Be eight feet in height;
3. 3.
   Not encroach into the public right-of-way; 
4. 4.
   If wooden, include stone or brick columns spaced a minimum of 30 feet apart;
5. 5.
   Be maintained by the homeowners' association; and
6. 6.
   Be of a consistent design for the entirety of subdivision with a type A bufferyard provided along the fence where adjacent to an arterial street. 

1. 1.
   Barbed Wire. Barbed wire shall not be used on fencing except under the following circumstances:

   1. a.
      Fencing for property used for agriculture or grazing purposes;
   2. b.
      Security fencing for nonresidential uses in the LI or HI district where the barbed wire is six feet or more above the ground level; and
   3. c.
      Security fencing for a site operated by a local, state, or federal government agency or a franchised utility company where the barbed wire is six feet or more above the ground level.
2. 2.
   Electrical Fences. Electrical fences shall be installed in accordance with the National Electrical Code as adopted by the City and may be used only for the purposes designed for and shall be Underwriters' Laboratory approved.  Electrical fencing may be used on a property used for agriculture or grazing purposes only and shall not be used for fencing adjacent to or in any residential district.

1. 1.
   Applicability. The following standards shall apply to the enclosure and screening of commercial waste equipment, including carts on wheels (food waste, trash, and recycling), waste oil containers, compactors, or dumpsters (trash and recycling) for all apartment, Group Living, mixed-use and nonresidential developments. 
2. 2.
   Location. Refuse equipment shall not be allowed within a setback. 
3. 3.
   Paved Surface. Waste equipment shall be placed on a paved surface of either concrete or asphalt.
4. 4.
   Screening Methods.

   1. a.
      Required waste equipment screening may be achieved by designating an enclosed space for waste equipment within a principal building or within an accessory structure such as a garage.
   2. b.
      Where waste equipment is not enclosed within a principal or accessory structure, they shall be screened on all sides (except for the gate area) by permanent and durable materials, other than chain-link or woven wire materials, with a minimum height of six feet. One side of the waste equipment area shall be furnished with an opaque, lockable gate.
   3. c.
      In addition, waste equipment screening shall contain the elements depicted in Figure 3.44-1, Waste Equipment Enclosure Screening.
   4. d.
      The screening walls required by this Section shall:

      1. i.
         Be planted with vines; 
      2. ii.
         Be architecturally compatible, in material and color, with the principal structure on the property; or
      3. iii.
         Display a mural.
   5. e.
      Final renderings of waste equipment screening shall be submitted to the Planning Director for review and approval prior to installation. 

Exempt Lighting. The following uses are exempt from the provisions of this Section:

1. 1.
   Emergencies. All temporary emergency lighting needed by the police, fire department, other emergency services, and public service vehicles;
2. 2.
   Street Lights. Lighting used for the principal purpose of illuminating streets and sidewalks;
3. 3.
   Some Residential. Lighting for single-unit dwellings, multiplexes, townhouses, and manufactured homes;
4. 4.
   Temporary Uses. Lighting associated with an approved temporary use;
5. 5.
   Seasonal Lighting. Seasonal lighting fixtures not to exceed 60 calendar days within any six-month period;
6. 6.
   Ornamental Lighting. Upward-directed architectural, landscaping, and decorative lighting provided direct light emissions are not intended to be visible above the building line roof;
7. 7.
   Flags, Monuments, and Statutes. Light fixtures used to illuminate flags, statues, and any other objects mounted on a pole, pedestal, or platform provided that provided they are illuminated using a narrow cone beam or light fixtures designed to minimize light spillage beyond the illuminated object;
8. 8.
   Water Features. Underwater lighting in fountains, swimming pools, and other water features;
9. 9.
   Building Code. Lighting required by the building code; 
10. 10.
    Gas Lanterns. All exterior lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps; and
11. 11.
    State or Federal Mandates. Lighting required by state or federal law (e.g., Federal Aviation Administration).

1. 1.
   Lighting Imitating Traffic Controls. Light fixtures that imitate an official highway or traffic control light or sign;
2. 2.
   Lighting Affecting Vehicle Traffic. Lighting creating a public hazard, including lighting that creates a glare has a detrimental effect on motor vehicle traffic;
3. 3.
   Laser Source Lighting. Laser source lights or similar high-intensity lights when projected above a line horizontal with the light source;
4. 4.
   Flashing Lights. Light fixtures that have a flashing or intermittent pattern of illumination;
5. 5.
   Tower Lighting. Tower lighting shall not be permitted unless required by the Federal Aviation Administration (FAA);
6. 6.
   Unshielded Security Lights. Unshielded wall packs or unshielded floodlights; and
7. 7.
   Searchlights. Searchlights, except when used by federal, state, or local authorities.

Design Standards.

1. 1.
   Generally. All outdoor lighting types shall be in conformance with Table 3.52-1, Outdoor Lighting Standards, 
2. 2.
   Permitted for Flags and Statues. Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that does not extend beyond the illuminated object.
3. 3.
   No Nuisance. Lighting shall be reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance, or unreasonably interfere with an abutting property owner's right to enjoy their property.
4. 4.
   Constant Intensity. Luminaires shall produce light of constant intensity without changes or flickering.
5. 5.
   Canopy Lighting. Lighting located under canopies shall be mounted flush with or recessed within the canopy ceiling.

1. 1.
   Compliance. All sign structures shall comply with this Division, this ULDC, the Building Code as adopted, the National Electric Code as adopted, and all other City Ordinances. If the standards as described herein are more restrictive, the provisions of this ULDC shall apply. 
2. 2.
   Visibility. All signs shall observe all visibility requirements. No person shall place a sign within visibility triangles, corner clips, or visibility, access, and maintenance easements. No person shall construct or display a sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. See 2.41, Measurements, for Visibility Triangle guidance. 
3. 3.
   Multiple Signs on a Property or Building. The permitting of a sign on a property or building shall not prevent the permitting of other types of signs on a property or building provided the additional signs are permitted in accordance with this ordinance. In some cases, a master sign plan will be needed to allow for the additional signs. 

1. 1.
   Any sign or sign structure which in the opinion of the Planning Director is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, or dilapidation;
2. 2.
   Boxes, tires, or other goods stored in view of the street, etc. which have large product identification that serves as a sign;
3. 3.
   Roof Signs; 
4. 4.
   Wind devices, excluding flags and banners;  
5. 5.
   Pole and pylon signs unless specifically authorized by this ordinance;
6. 6.
   Inflatable signs;
7. 7.
   Human Directional Signs;
8. 8.
   Any sign located upon any tree, publicly-owned light pole, or any utility pole or utility structure;
9. 9.
   Any sign located upon any fence, railing, or wall, except in accordance with this ordinance;
10. 10.
    Any sign located upon any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or street, with the exception of house numbers or fire lane/no parking sign designations;
11. 11.
    Any sign located upon or attached to the supporting members of any fire escape, nor shall it be guyed to or supported by any portion of the fire escape;
12. 12.
    Any sign constructed closer than two feet from any telephone cable, power line, or any street light standard;
13. 13.
    Any sign blocking, interfering, or otherwise hindering pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to access parking;
14. 14.
    Signs constructed of glass or other material, which may shatter upon impact, are prohibited over public right-of-way;
15. 15.
    Signs that are animated or move by flashing, traveling, blinking lights, or other methods that do not provide constant illumination are generally prohibited unless specifically permitted; 
16. 16.
    Any sign that emits audible sound, odor, or smoke; 
17. 17.
    Any illuminated sign (e.g., digital, internally illuminated, externally illuminated, etc.) placed or displayed within 150 feet of a residential dwelling or vacant lot that is in a residential zoning district; 
18. 18.
    Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-way or other public property, unless the sign is placed by City, County, State, or other authorized governmental agency, or with the permission of the City for public purposes, unless permitted within this ordinance; 
19. 19.
    No sign shall be installed, erected, or attached in any shape, manner, or form to block a fire escape or to any door or window that is required ingress and egress for fire safety;
20. 20.
    Temporary signs remaining after expiration of permit and/or those that have been in place for longer than allowed by this ordinance; 
21. 21.
    Any signs which imitate or resemble official traffic or governmental signs that are designed or used in a manner as to interfere with, mislead, or confuse drivers along streets;
22. 22.
    Any sign that violates the intersection visibility requirements of 2.41, Measurements;
23. 23.
    Any sign located in City-owned property or right-of-way except in accordance with Chapters 61.003 and 85.036 of the Texas Electrical Code, as amended or as specifically provided for in the said Code;
24. 24.
    Any sign located in a utility easement. Should a property owner be able to demonstrate to the Planning Director and/or utility company that there is no other viable location, a sign may be located within the utility easement, subject to written approval from the Planning Director and/or utility company, and a letter provided by the property owner releasing the City of any liability for repair or replacement of a sign damaged as a result of work occurring within said utility easement;
25. 25.
    Motor vehicles, tractor trailers, or similar vehicles with signs painted on, attached to, supported by, or otherwise affixed to the vehicle shall not be parked or stored on any property for a time period exceed 48 hours;
26. 26.
    Any sign placed without a permit, either prior to or after the adoption of this Ordinance, if a permit is required; and, 
27. 27.
    Any sign not specifically allowed or governed by this ULDC. 

1. 1.
   Signs located on property owned by the City of Baytown, an independent school district, or any governmental agency are not required to meet the requirements of this ULDC. However, signs located on property owned by the City of Baytown shall be permitted only upon approval by the City Council;
2. 2.
   In no event shall a permit be required for any government/regulatory sign, and a government/regulatory sign may be placed in the public right-of-way;
3. 3.
   Signs and/or notices issued by any court, officer or other person in performance of a public duty. Any such sign shall be removed no later than seven days after the last day it is required to be displayed;
4. 4.
   Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, automated teller machines, or similar devices that are not of a size or design as to be visible from a street or by any person other than those using the machine or device;
5. 5.
   Any sign that is located completely inside a building that is not visible from the exterior (See also the definition of “window sign”);
6. 6.
   Signs that are located within a stadium, open-air theater, park, arena or other outdoor use that are not intended to be visible from a public right-of-way or adjacent property, and can be viewed only by persons within such stadium, open-air theater, park, arena or other outdoor use;
7. 7.
   Certain temporary signs as established in Sec. 3.27, Temporary Signage;
8. 8.
   No more than three flags located on flagpoles or on wall-mounted posts provided that the following shall apply:

   1. a.
      No flag shall be placed in, or encroach over, a public right-of-way or median. This includes setting the flag pole or supporting structure far enough back from lot lines to prevent the flag from billowing out across the right-of-way.
   2. b.
      Flags shall be placed on a flagpole in the ground or on a flag post that is attached to a building wall.
   3. c.
      The maximum height of flag poles shall be 30 feet on lots with residential uses and 40 feet on lots with nonresidential uses. Flag poles that exceed 20 feet in height shall require a professional contractor to install such pole.
   4. d.
      The maximum sign area of an individual flag on a flag pole shall be 40 square feet in residential districts and 60 square feet in nonresidential districts.
   5. e.
      The maximum projection for wall-mounted flag post is six feet and a maximum sign area of 15 square feet per flag.
   6. f.
      Wall-mounted flag posts shall only be attached to the wall or facade of the principal building.
   7. g.
      The illumination and construction of flag poles may be subject to building and electrical permit regulations.
9. 9.
   A single wall sign mounted flush on the facade of an individual dwelling unit that is not illuminated and does not exceed two square feet in area;
10. 10.
    Signs that are an integral part of the historic character of a structure that has been designated an official landmark or historic structure by any agency or body of the governments of the United States, State of Texas, Harris or Chamber Counties, or the City of Baytown;
11. 11.
    Any signs located on umbrellas, seating or similar patio furniture provided they are located outside of the right-of-way and comply with any other applicable standards of this chapter;
12. 12.
    Any sign on a truck, bus or other vehicle that is used in the normal course of a business (e.g., deliveries or fleet vehicles for contractors) for transportation (see also Sec. 3.62,(A), above, or signage required by the state or federal government; 
13. 13.
    Signs installed or required by a governmental agency including the City of Baytown, Harris or Chamber Counties, the State of Texas, and the United States, including local and regional transit agencies;
14. 14.
    Any warning signs or traffic safety signs required by public utility providers; 
15. 15.
    Any address numbers required by the City of Baytown or the U.S. Post Office; 
16. 16.
    Changes of copy on signs with changeable copy or changes of the sign face when such face is a panel that is designed to be removed and replaced; 
17. 17.
    Any signs, including illuminated signs, or related decorations erected in observance of religious, national or state holidays which are not intended to be permanent in nature and which contain no advertising material; and
18. 18.
    General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.

1. 1.
   Permit Required. No sign, other those listed in 3.62, Prohibited and Exempt Signage, as exempt from the requirement of permit, shall be constructed, placed, attached, altered, displayed, and/or secured to the ground, and/or any structure, until a permit for such sign has been issued by the City. Refacing of a sign also requires a separate permit. In no event shall a permit be required for any government/regulatory sign.
2. 2.
   Private Property. All signs shall be located only on private real property with the consent of the property owner. 
3. 3.
   Lighting. Unless otherwise noted in this ordinance, all signs listed here shall comply with the following lighting standards:

   1. a.
      All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. 
   2. b.
      Illuminated signs shall not operate at brightness levels of more than .3 foot-candles above ambient light conditions at the property line, or at a distance equal to the square root of the area of the sign x 100, whichever is closer to the sign, as measured using a foot-candle meter. A photometric plan may be required with the sign permit to show that the lighting meets this ordinance requirement. 
   3. c.
      No sign or associated luminaire shall create light spillover of more than .1 foot-candle at the property line within or bounding a residential use or residential district. A photometric plan may be required with the sign permit to show that the lighting meets this ordinance requirement.  
   4. d.
      Ground-mounted lighting is allowed where the light itself and supporting structure are not visible from the public right-of-way.
4. 4.
   Electronic Message Centers. Where electronic message centers are permitted in this ordinance, the following shall apply in addition to any other standards: 

   1. a.
      All electronic message centers shall be set back a minimum of 200 feet from a residential dwelling unit.
   2. b.
      Any message changes shall be a static, instant message change.
   3. c.
      Messages can only change once every eight seconds or longer.
   4. d.
      The transition time between messages shall be less than one second.
   5. e.
      All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. 
   6. f.
      The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display’s brightness based on ambient light conditions.
   7. g.
      Illumination shall not exceed 0.3 foot-candles over ambient lighting conditions when measured at 50 feet in any direction from an electronic message center sign.
   8. h.
      Audio emissions from electronic message center signs shall be prohibited.
5. 5.
   Clearance.

   1. a.
      Any sign that projects over a sidewalk, walkway, or other pedestrian path shall maintain a clearance of a minimum of nine feet above said sidewalk, walkway, or other pedestrian path.
   2. b.
      Any sign that projects over a driveway, parking area, or vehicular path shall maintain a clearance of 15 feet above said driveway, parking areas, or vehicular path.
   3. c.
      If sign is painted on the wall, there is no minimum clearance.
6. 6.
   Fees. All fees for permitted signs shall be assessed in accordance with the City’s adopted Fee Schedule.
7. 7.
   Permitted Locations/Uses. Where permitted with established uses in ULDC Division 3, such uses shall have been issued a building permit and/or certificate of occupancy.

1. 1.
   Temporary signs are prohibited from being located in any right-of-way.
2. 2.
   Where the right-of-way is unknown, the temporary sign shall be set back a minimum of 10 feet from the edge of any street pavement.
3. 3.
   Temporary signs shall not be mounted, attached, affixed, installed or otherwise secured in a manner that will make the sign a permanent sign.
4. 4.
   No temporary sign shall be mounted, attached, affixed, installed or otherwise secured so as to protrude above the roofline of a structure.
5. 5.
   All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles or structures.
6. 6.
   Unless otherwise specifically stated, temporary signs shall not be illuminated.
7. 7.
   No temporary sign shall require a foundation, support, wiring, fittings, or elements that would traditionally require a building permit or electrical permit.
8. 8.
   Temporary signs shall not be affixed to any permanent sign or permanent structure except when a banner sign is permitted to cover a permanent sign in accordance with this section or when such sign is attached to the principal building as permitted in this chapter.
9. 9.
   No streamers, spinning, flashing, windblown devices or similarly moving devices shall be allowed as part of or attachments to temporary signs.
10. 10.
    Where a temporary sign is designed to have two sign faces (sidewalk signs or temporary yard signs), such sign faces shall be of the same size and mounted back-to-back. In the cases of an A-frame sidewalk sign, the sign faces shall be mounted back-to-back but may have an angular separation between faces to form the A-frame shape.
11. 11.
    For permit applications related to the establishment of a new use or change of use within an existing building, where there is existing permanent sign, a banner sign may be approved for up to 60 consecutive days to cover the existing permanent signs. Such banner sign shall not exceed the sign area of the permanent sign and shall require a certificate of zoning approval.
12. 12.
    Temporary signs shall be constructed of a material that is substantial enough to withstand typical winds and weather for the duration of the placement.
13. 13.
    Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated.
14. 14.
    Signs that meet the intent of Elections Code 259.003 shall follow state law requirements, or as amended.  

1. 1.
   Table 3.65-1, Temporary Signage, establishes the allowances for temporary signs in all zoning districts. All sign types are subject to the general provisions above and the sign-type standards that follow the table. 

1. 1.
   The Master Sign Plan allowance established herein is to provide for additional permanent signage for large-scale projects and developments. The Master Sign Plan provides a review process where any development that includes more than 10 acres or contains buildings with a cumulative floor area of more than 300,000 square feet can submit a master sign plan package that illustrates all the signage that will be used on the lot and the relationships of all these signs to the development. An application shall be required for a master sign plan. 
2. 2.
   The Planning Director shall have the authority to permit the submission of a Master Sign Plan for a project that does not comply with the project size requirement above if:

   1. a.
      The project is a stand-alone, mixed-use project that contains both commercial or office uses with a residential component that contains a density higher than allowed in any residential district; or
   2. b.
      The proposed project will be an expansion of a larger previous planned or built development that will have a master sign plan with similar standards and design; or
   3. c.
      The project will amend the amount of signage of an existing nonresidential development.

1. 1.
   A master sign plan is intended to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development, as well as with the surrounding neighborhood.
2. 2.
   A master sign plan may include more than one freestanding sign per frontage and increases to the maximum height of freestanding signs and maximum sign area allowance where the signage will contribute to the overall design of the development as well as comply with any of the City’s adopted plans or policies.
3. 3.
   Master sign plans may include up to a 25% increase in the maximum attached sign area allowed pursuant to 3.64, Permissible Signs and Standards.
4. 4.
   Submittal Requirements. Master sign applications shall include the following information:

   1. a.
      Elevations of freestanding signs illustrating the materials of construction and maximum dimensions of the signs, shown as generic sign blocks in lieu of specific signs;
   2. b.
      If the sign is to be attached to a building, the elevation shall be composite of the generic sign block and the building to show the maximum dimension proposed;
   3. c.
      Elevations depicting the generic size of the signs in relation to the size of the buildings within the development;
   4. d.
      A plan drawn to preliminary site plan or site plan specifications of the site illustrating the location of existing and proposed signs on the property and, if required by the City, on adjacent properties;
   5. e.
      Other information to illustrate the consistency and uniformity of the signs, as required by City staff; and,
   6. f.
      For nonresidential and multi-family developments, the master sign plan shall be submitted to the City for review with a preliminary site plan or site plan of the property. 

1. 1.
   A Master Sign Plan application shall be submitted to the Planning Director. 
2. 2.
   The plan shall be reviewed by City staff. The plan can be approved by the Planning Director if the Director finds that:

   1. a.
      The master sign plan contributes to the design of the site and surrounding area will be superior to the quality that would result under the regulations and standards of this ordinance; 
   2. b.
      That the signs proposed as part of the master sign plan will create a uniform sign package for the site related to materials, lighting, design and other features of the individual signs; and 
   3. c.
      The proposed signs are compatible with the style or character of improvements and are well-related to each other in terms of location and spacing. 
3. 3.
   The Planning Director may impose reasonable conditions to a master sign plan necessary to carry out the intent of this ordinance. 
4. 4.
   The master sign plan shall require Board of Adjustment approval if waivers are request from the Code.  
5. 5.
   A decision of the Planning Director may be appealed to the Board of Adjustment. 
6. 6.
   An approved master sign plan may only be amended or modified through the same review process required for its approval.

1. 1.
   All signs shall be maintained in a safe and good condition at all times to avoid becoming a neglected, dilapidated, or deteriorated sign, including, but not limited to, the replacement of defective bulbs, parts or materials, painting, repainting, cleaning, and other acts required for the maintenance of said sign and accessory landscaping.
2. 2.
   All signs and sign structures shall be maintained in a safe and attractive condition in accordance with the current adopted version of the building codes.  
3. 3.
   It shall be the responsibility of the property owner, or other entity having legal control or interest of the property, to maintain all signs and sign structures in accordance with this ordinance.
4. 4.
   Signs shall be maintained in a manner that prevents the exposure of any internal elements through the removal of the sign face or the replacement of broken panels or elements.
5. 5.
   Failure to maintain a sign in accordance with this section shall be a violation of this ordinance, subject to the violation and penalties of this ULDC. 

1. 1.
   Neglected signs shall be considered a public nuisance and are prohibited by this ULDC. 
2. 2.
   Upon written notification to the permit holder or business/property owner by the Planning Director, such abandoned sign shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which said sign is located. 
3. 3.
   The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within 10 days. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the City may resort to any civil remedy available to remove or repair the sign, up to and including removal.
4. 4.
   If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the City shall remove it immediately. Within 10 days of the removal of the sign, the City shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign. 
5. 5.
   It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply with the direction of the notice. In the event of failure to comply with such notice provided under Sec. 3.67(C), below, the Planning Director is hereby authorized to cause the removal of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign was located.  

1. 1.
   If the Planning Director determines that any sign is not permitted, unsafe, insecure, dilapidated, or deteriorated, the Director shall give written notice to remove or replace said sign to the person or persons responsible, in accordance with this Division. 
2. 2.
   All signs listed in this Division and other prohibited or non-compliant signs shall be considered a public nuisance and are prohibited by this Division. Upon identification of any prohibited sign, the Planning Director shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the permittee of the sign. The notification shall state that the offending sign shall be removed by the property owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within the time period prescribed by the Planning Director. The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed 10 days) a citation may be issued, and the City may resort to any civil remedy available, including removal by City personnel or City contractor if said sign is located within the right-of-way. If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the City shall remove it immediately. Within 10 days of the removal of the sign, the City shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign.

1. 1.
   If the permit holder, owner of the sign, or owner of the property on which the sign is located, fails to remove or repair the sign within 10 days after said notice or fails to file an allegation of error in accordance with this Ordinance, the Planning Director is hereby authorized to cause the removal of such sign. 
2. 2.
   Any expense incurred by the removal of said sign shall be paid by the permit holder, owner of the sign, or owner of the property on which the sign is located. 
3. 3.
   Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign, which is determined by the Planning Director to be an immediate threat or danger to the health, safety, and general welfare of the public. 
4. 4.
   The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the health, safety, and general welfare of the public. If a sign is determined to be not permitted, then the sign and support structure shall be removed in its entirety.
5. 5.
   The City is authorized to file a lien against any property, which is not otherwise exempt, to recover expenses incurred by the City for the removal of a sign or portion of a sign from a property. 

1. 1.
   A person who violates, causes, allows or permits a violation a section of this Division designated as an offense commits a misdemeanor punishable by a fine not exceeding 500 dollars.
2. 2.
   Each violation of this chapter designated as an offense constitutes a separate offense. 
3. 3.
   No culpable mental state is required to prove an offense under this chapter if the offense involves: 

   1. a.
      Placement of a sign in the right-of-way; 
   2. b.
      Placement of a sign in another person’s property without the person’s permission; or 
   3. c.
      Placement of a sign that encumbers access to a person’s property or encumbers use of a street, sidewalk, trail, path, or driveway.

1. 1.
   Unless permitted by this ordinance, any sign of any nature that is placed, constructed, or maintained on public property in violation of the chapter shall be subject to the following: 

   1. a.
      The sign may be subject to confiscation by City staff and disposed of immediately;
   2. b.
      It shall be presumed fact that the property owner of record at the address specified on a confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign, and upon conviction, that person shall be guilty of a misdemeanor; and,
   3. c.
      If such a sign contains no identifying information other than a telephone number, such information shall be presumed fact that the property owner of record at the telephone number specified on a confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign, and upon conviction, that person shall be guilty of a misdemeanor. 
2. 2.
   The following evidence relative to the name, address, or telephone number contained in the following records shall be a presumed fact of the contents of the record:

   1. a.
      Name; 
   2. b.
      An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself;
   3. c.
      Address; 
   4. d.
      A certified copy of that section of the most recent tax roll or appraisal district record which shows the name and address of the record property owner and an authenticated photograph of the sign or sign itself;
   5. e.
      Telephone number; or 
   6. f.
      An authenticated photograph of the sign or the sign itself showing the telephone number and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at the telephone number. 
3. 3.
   Any presumption contained in this Section is rebuttable and shall have the effects and consequences set forth in the V.T.C.A. Penal Code 2.05.

Generally. All uses and activities permitted within the City shall conform to the following performance measures and standards established in this Section.

1. 1.
   Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and
2. 2.
   Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public right-of-way or easement. 

1. 1.
   Underground Storage Tanks. Underground storage tanks for flammable liquids and gasses shall be located at least 50 feet from the lot line of lots that contain a single-unit or duplex dwelling use;
2. 2.
   Aboveground Storage Tanks. Aboveground storage tanks shall be set back at least 100 feet from such lot lines, unless the board of adjustment determines, based on information provided by the applicant, that a 50-foot setback will ensure compliance with all applicable state standards.
3. 3.
   Setback Exception. The storage tank setback requirements of this subsection shall not apply to tanks that are necessary to single-unit or duplex dwelling units.

1. 1.
   District. Between differing zoning districts; in the form of a district bufferyard;
2. 2.
   Parking. Around vehicle use areas in the form of a parking buffer; and
3. 3.
   Streetscape. Along public and private streets in the form of a streetscape bufferyard.