Cuero City Zoning Code
PART 3
SITE DESIGN
§ 4.101 Subdivision and Development Design.
A.
Generally.
It is the policy of the City that this Section be applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted on the subject property by this UDC. The City may require modifications to proposed subdivision plats or site plans that otherwise conform to the standards of the UDC in order to enhance the quality of the design in accordance with the qualitative principles of this Section. The standards of this Section shall be applied and interpreted in the context of the other applicable standards that are set out in other Articles of this UDC.
B.
Applicability.
These regulations and development standards shall apply to the following forms of land subdivision:
1.
The division of land into two or more tracts, lots, sites, or parcels.
2.
The dedication, vacation, or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies.
3.
The dedication or vacation of any street or alley through any tract of land regardless of the area involved.
C.
Limits of Control.
The provisions of this Article shall not be applicable to plats of the subdivisions recorded as required by law and approved by the City Council prior to the effective date of this UDC.
D.
Exceptions.
The standards of this Article apply to all development except single-family detached houses or duplexes that are constructed on individual lots or parcels that are not subdivided.
E.
Compatibility Required.
The parcel proposed for development shall be designed in a way that:
1.
Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity along side and rear lot lines;
2.
Protects and preserves site resources to the benefit of both the subject property and abutting properties;
3.
Provides appropriate vehicular and pedestrian linkages between residential uses and retail, service, and office uses, providing access while protecting neighborhood integrity and individual property values;
4.
Maximizes the access to and benefit of open spaces by providing for a connection to or continuation of the open spaces of abutting properties and providing for maximum frontage and access to such open spaces;
5.
Protects neighboring property from undue stormwater runoff;
6.
Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses, in accordance with the City’s adopted Thoroughfare Plan;
7.
Minimizes interference with existing access to abutting and nearby properties, unless new and improved access is provided by the proposed development; and
8.
Does not reduce the level of service of public utilities that are provided to surrounding development.
F.
Consistency with Capital Improvement Plans.
The proposed development shall conform to all adopted and applicable capital improvement plans of the City, DeWitt County (for capital improvement plans within the City), and the State of Texas with regard to public infrastructure and facilities, including water, sewer, gas, electric, streets, trails, and parks and recreation improvements.
G.
Future Abutting Development.
The parcel proposed for development shall be designed in a way that shows how future development of abutting parcels under common ownership will relate to the parcel proposed for development in terms of transportation linkages, open spaces, and utilities.
H.
Preservation of Density and Intensity.
Design review is intended to permit plan modifications that improve design, but not to require a density or intensity reduction. The design review shall focus on revising the development site plan by altering roads, lots, landscaping, or other plan elements, but not by altering development density or intensity unless the density or intensity exceeds permitted standards or the open space, buffering, landscaping, or resource protection does not meet the requirements of this UDC.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.102 Lots.
A.
Generally.
1.
New lots shall be dimensioned according to the requirements of Division 3.100, New Neighborhood Development Standards. The size, shape, and orientation of lots shall be appropriate to the district in which they are located, the location of the proposed development, and to the type of development contemplated. The lots shall provide an adequate buildable area for the development that is contemplated.
2.
Lots are required to be platted unless specifically exempted by this UDC. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking, loading facilities, landscaping, and other required site improvements or open space/bufferyard areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this UDC.
B.
Shape.
Side lot lines shall be approximately at right angles to the centerlines of abutting streets. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources.
C.
Access and Frontage.
1.
Frontage Width.
The width of required frontage shall not be less than the required lot width.
2.
Residential Lots (except mixed-use and multi-family).
a.
Generally, new single-family detached and single-family attached dwellings shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley that serves not more than 12 dwelling units. Through lots shall take access from the side from which the address is assigned, which shall not be collector or arterial streets.
b.
Manufactured home lots may front only on local streets or private streets within a manufactured home park or subdivision.
3.
Nonresidential, Mixed-Use, and Multi-Family Lots.
Nonresidential, mixed-use, and multi-family lots that take access from collector or arterial streets shall provide adequate on-site maneuvering areas for automobile turnaround.
D.
Through Lots.
Through lots for single-family detached and single-family attached dwellings are not permitted. Where residential development is bounded by one or more arterial streets, lots shall be separated from the arterial street rights-of-way by a Type B bufferyard that is owned and maintained by a property owners’ association (see Division 7.300, Bufferyard Landscaping).
E.
Orientation.
1.
T-Intersections.
The building envelope of lots at the terminal end of a T-intersection shall be offset a minimum distance of 25 feet from the edge of the right-of-way in order to mitigate the impacts of oncoming traffic on the use and enjoyment of the lots.
F.
Width of Irregular Lots.
Key lots or irregular shaped lots shall have sufficient width at the building line to meet frontage requirements. Also, the rear width shall be sufficient to provide access for all utilities including garbage collection, but not less than 10 feet.
G.
Minimum Lot Depth.
No lot shall be platted less than 100 feet in depth except in cases where an irregular shaped tract is platted into lots and a remnant piece of property is of sufficient area to plat one or more lots. The City Council may waive the depth requirement to prevent a hardship on the developer.
H.
Side Lot Lines.
Side lot lines shall be substantially at right angles or radial to street lines.
I.
Replat Affecting Lot Size.
No lot shall be replatted to reduce the size of the lots originally platted by a common dedicator, unless the consent of all the property owners in the same addition has been obtained. The required consent may be implied where another lot or lots in the addition as recorded have already been subdivided and built upon in the manner prescribed above. No residential lot will be reduced in width below 50 foot frontage with an area of 5,000 square feet.
J.
Permit Issuance.
A building permit may be issued when an applicant exhibits a duly executed and recorded deed covering a lot having dimensions of 50 feet by 100 feet and the lot is being assessed for City taxes and conforms to the established lot pattern.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.103 Blocks.
A.
Generally.
The length, width, and shape of blocks shall be determined with regard to the following:
1.
The provision of adequate building sites suitable to the particular needs of the type of use contemplated;
2.
The required lot widths and lot areas for the development;
3.
The need for convenient access, circulation, control, and safety of street traffic;
4.
The need to provide for mobility and accessibility for people who use alternative modes of transportation; and
5.
Limitations and opportunities of soils, natural resources, and uses or features that bound the parcel proposed for development.
B.
Dimensions.
Blocks shall be dimensioned according to the following standards:
1.
Blocks that are used to provide access to single-family detached and/or single-family attached uses shall be of sufficient width to allow two tiers of lots with appropriate lot depths (according to the lot widths and areas applied), unless such arrangement is not feasible.
2.
Generally, blocks that are used to provide access to residential uses shall not be longer than 800 feet. Blocks may be up to 1,200 feet in length if there is a mid-block pedestrian crossing to abutting blocks.
3.
Blocks for nonresidential uses shall be of a width suitable for the intended use, with due allowance for off-street parking lots and loading facilities and other site improvements, landscape areas, and open space areas required by this UDC.
C.
Relationship to Existing Arterial and Collector Streets.
Residential blocks shall be designed so that lots are not oriented for access from arterial or collector streets. Marginal access streets may be approved if necessary for the efficient layout of lots on a parcel proposed for development, provided that:
(Ordinance 2015-30 adopted 10/30/15)
§ 4.104 Access and Easements.
A.
Generally.
During development approval, the City may require the granting of a variety of easements on private property or lots. These easements may be for any of the following, or other approved, purposes:
B.
Utility Easement Width and Location.
Where required, all lots shall provide utility easements for sewer, water, gas, drainage, electricity, cable, fiber-to-the-home, or other public utilities that are necessary or desirable to serve the subdivision. Their width and location shall be such that access and maintenance, repair or reconstruction can be accomplished without undue hardship to the utility. Easement standards shall be maintained by the Building Official and the City Secretary’s Office.
C.
Drainage and Low Impact Development Easements.
To the extent possible, existing surface drainage patterns serving any off-site properties or two or more proposed lots or properties shall be protected by easements or open space. In addition, drainage and low impact development easements shall be placed on lots to convey surface water to storm sewers located on the street or to surface drainage channels located in easements or open spaces as topography and grading dictate.
D.
Fire Protection Easements.
Rear fire protection access easements, where necessary to provide adequate protection for the structure, shall be improved as appropriate for fire protection equipment, at a width of 20 feet, with appropriate turning radii for the City’s fire protection equipment as determined by the Fire Chief.
E.
Pedestrian Access Easements.
Pedestrian access easements may be required in accordance with Article 8, Streets, Sidewalks and Trails, and Infrastructure.
F.
Conservation Easements.
1.
The City shall require conservation easements to preserve open space as required by this UDC, and to protect natural resources that this UDC requires to be protected.
2.
Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements and nondestructive utility and drainage easements are permitted within areas protected by conservation easements.
3.
Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or property owners’ association.
5.
The conservation easements shall be in a form approved by the City Attorney.
G.
Encroachments and Removal of Encroachments.
No permanent encroachment or structures shall be allowed to be located within the area of any easement required by this Section. While the City or utility benefiting from the easement will make efforts to minimize disturbances, both shall have the right to remove any encroachment, structures, fences, landscaping or other improvements placed upon such easements. The City and/or utility shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.
H.
Maintenance of Easements.
The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.105 Open Spaces.
A.
Generally.
This Section is designed to achieve the open space requirements of bufferyards, resource protection, recreation, stormwater management, and preservation of community character.
B.
Principles.
1.
Integrated Design.
Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the proposed development. Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management.
2.
Trails and Drainage Corridors/Waterbodies/Watercourses.
Open space shall be designed to provide trails along drainage corridors, waterbodies, and watercourses. The landscaping along drainage corridors, waterbodies, [and] watercourses shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the drainage corridor or watercourse for the residents of the proposed development.
3.
Other Open Spaces.
Formal open spaces shall be designed to provide areas of focus within the development. Landscaping, furniture, and other amenities for pedestrians shall be installed to enhance this effect.
C.
Design.
The proposed subdivision plat or site plan shall be designed to allocate required open space and/or landscape areas according to the following priorities.
1.
Floodplains.
Avoid development within floodplains and on land that is less than one foot above base flood elevation or in areas which, if developed, would materially increase soil erosion and siltation of waterbodies or watercourses.
2.
Buffers.
Provide appropriate buffers between areas of different uses in accordance with the provisions set out in Division 7.300, Bufferyard Landscaping.
3.
Tree Protection.
Provide for the protection of protected trees in accordance with the provisions of Section 7.103, Land Clearing and Existing Trees.
4.
Recreation and Public Gathering Spaces.
a.
Residential Districts.
In residential districts, use required open space areas to provide active and passive recreation opportunities.
b.
Mixed-Use Districts.
In mixed-use districts (i.e., the C-2 district), use required open space areas to provide for public gathering spaces such as landscape plazas (i.e., visible and accessible from the street), and landscaped courtyards or atriums (i.e., visible and accessible to building occupants).
(Ordinance 2015-30 adopted 10/30/15)
§ 4.106 Streets.
A.
Generally.
This Section sets out the general subdivision and land planning considerations for the layout and alignment of streets. The design objectives, criteria, and dimensional requirements for streets, cul-de-sacs, and alleys are provided in Division 8.100, Streets.
B.
Conformity to the Thoroughfare Plan.
The location and width of all streets shall conform to the thoroughfare plan in conformance with Section 8.103, Thoroughfare Plan.
C.
Alignment of Subdivision Streets with Existing Streets.
D.
Alignment of Local Streets with Arterials and Collectors.
Generally, local streets shall be either:
E.
Width of Public Ways.
The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classification of each street, pursuant to Section 8.101, Street Standards.
F.
Grades and Curves of Public Ways.
The City Engineer shall promulgate the requirements for grades and curves of public ways.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.107 Utilities.
A.
Generally.
1.
All developments shall make provision for water, sewer, stormwater, electric, telephone, and cable service, and may make provision for fiber-to-the-home and other public and/or private utilities available to City residents.
2.
All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.
3.
Utility infrastructure shall be underground and pad mounted at ground level; if within the right-of-way, should not block sidewalks or visibility at intersections.
4.
Once utility service lines have been installed underground, the installation of new aboveground lines in that location is prohibited.
B.
Capacity.
Where a parcel proposed for development is part of a larger tract of land, the City shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development. Where the parcel proposed for development is part of a larger utility service area, the City may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.
C.
Potable Water Line Loops.
Potable water lines shall be looped and shall have a secondary feed to the potable water supply.
D.
Interceptors.
Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2017-09, sec. 1, adopted 4/11/17)
§ 4.108 Naming and Numbering.
A.
Generally.
To facilitate way-finding and the provision of emergency response services, the name of a subdivision, other land development, and streets shall not be the same or substantially similar to the name of another subdivision, other land development, or the name of an existing street, which is located within the City.
B.
Residential Subdivision and Nonresidential Complex Names.
1.
Naming.
Residential subdivisions, other residential land development (e.g., apartment complexes or condominiums, etc.), and nonresidential complexes (e.g., office or industrial parks, etc.), shall not be duplicated or be confused with existing names. Names are subject to approval by the Building Official to eliminate duplicate names.
2.
Exception.
Exceptions shall be made for a group of related, abutting subdivisions (or other land development) that are part of an overall plan of development which include common names according to a common theme (e.g., Pebble Ridge, Pebble Estates, etc.), or given the same name followed by a phase number to identify each phase of the project.
C.
Street Names.
1.
Naming.
Proposed streets which are obviously in alignment with other existing and named streets, shall bear the assigned name of the existing streets. In no case shall the name of proposed streets duplicate or be phonetically similar to existing street name, irrespective of the use of suffix (e.g., Park Street versus Park Avenue) and/or prefix (e.g., West Elm Street versus East Elm Street) if the streets are not contiguous and separated by a thoroughfare that commonly separates the City into quadrants (i.e., Esplanade Street or Main Street).
2.
Interagency Coordination.
Street names will be submitted in writing to the 9-1-1 Coordinator of the Golden Crescent Regional Planning Commission, in Victoria, Texas, for additional review as it relates to the provision of dispatching emergency services.
D.
Property Numbering.
The Building Official shall provide appropriate “property numbers” for all lots for all parcels proposed for development.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.109 Dedications and Improvements.
A.
Generally.
All dedications of streets, easements, open spaces, recreation areas, or any other dedication shall be made on a form approved by the City Attorney. All dedicated areas shall be shown on the subdivision plat or site plan for the parcel(s) proposed for development where such approvals are required, unless the City determines that another form of dedication (e.g., a recorded easement) is more appropriate.
B.
Easements.
Easements for utilities and drainage shall be provided by the applicant as necessary to effectuate their purpose.
C.
Streets.
1.
Streets Within the Proposed Development.
Street dedication(s) shall include required dedications of rights-of-way as needed, or as required by the Thoroughfare Plan. Such dedications shall be made no later than the earliest of the following events:
2.
Existing Streets.
Existing streets shall be evaluated based on the capacity and condition of the existing streets’ ability to support the nature of uses proposed. Where found deficient, the streets shall be constructed or reconstructed according to City standards based upon a traffic generation study or traffic impact analysis (if required as a result of the traffic generation study or traffic impact analysis), that extends to the nearest street capable of carrying the additional traffic generated by the proposed development. Right-of-way for such streets shall be dedicated to the City or other entity that controls the impacted street right-of-way.
D.
Open Space Parcels.
Land areas that are used to satisfy open space ratio requirements shall be shown as separate parcels on plats. The open space parcels shall be restricted to open space uses by plat restrictions or separately recorded covenants, conditions, and restrictions (see also Section 4.110, Required Property Owners’ Association and CCRs).
E.
Recreation and Other Public Use Areas.
Consideration shall be given by the developer to the dedication or reservation of suitable sites for parks, playgrounds, and other areas for public use so as to conform to the recommendations of the Planning and Zoning Commission in the adopted Cuero Comprehensive Plan or other plan that focuses on parks and recreation areas in the City. Areas to be dedicated or reserved for parks, playgrounds, and other public use areas should be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to, or acquired by the appropriate jurisdictional authority. In general, whenever the proposed subdivision contains 20 acres or includes more than 100 lots, consideration shall be given to the reservation or dedication of a suitable area for recreation purposes.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.110 Property Owners’ Association and CCRs.
A.
Property Owners’ Association.
1.
Continuing Obligation.
Any subdivision or development that provides for a continuing obligation (e.g., to own and maintain common open space) may, at the subdivider’s discretion, have the provision of a property owners’ association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures the maintenance and management of such continuing obligation.
2.
Incorporation of Property Owners’ Association.
If a continuing obligation is proposed by the subdivider, at the subdivider’s discretion, the subdivider may incorporate a property owners’ association that will bear responsibility for ensuring continuing compliance as described.
B.
Covenants, Conditions, and Restrictions (CCRs).
1.
Declaration.
Continuing obligations that necessitate ongoing efforts of tenants or successors in title may be included in a declaration of CCRs for the property that shall be recorded in the public records in the chain of title for the property at the subdivider’s expense.
2.
Timing.
If proposed, the subdivider shall provide proposed CCRs to the City:
3.
Plat Annotations.
Where a plat is required, the CCRs shall be referenced on the plat.
C.
Limited Review of Incorporation Documents and CCRs.
1.
Generally.
The City’s right of enforcement shall extend only to those matters that substantially bear upon them. The City will not seek to intervene in purely private disputes about CCRs. The City Attorney shall review the incorporation documents and CCRs to ensure that the following provisions are included in a form that is acceptable to the City:
a.
All items that are required by this UDC or conditions of approval, which may include specific rights of enforcement being granted to the City;
b.
Membership in the property owners’ association shall be mandatory for all owners of property in the subdivision or condominium;
c.
Dues are payable to the property owners’ association at regular intervals;
d.
The property owners’ association has lien rights with respect to unpaid dues;
e.
The property owners’ association has a perpetual existence;
f.
The property owners’ association has all responsibilities required by these regulations or conditions of approval (e.g., ownership and maintenance of common elements); and
g.
The property owners’ association has the capacity to sue and be sued.
2.
Optional Elements.
The CCRs may include any provisions considered desirable by the subdivider with respect to the management and maintenance of the subdivision or condominium, provided that they do not undermine any of the following requirements:
a.
Required membership in, and payment of dues to, the property owners’ association;
b.
Inclusion and enforcement of all of the provisions required by these regulations and any conditions of approval, in a form acceptable to the City Attorney;
c.
Clauses that provide for enforceability by the City of those CCRs that relate to this UDC or conditions of approval; and
d.
Applicable requirements of this UDC at the time of approval of the CCR document.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.111 Survey and Monumentation.
A.
Survey Required.
1.
Generally.
The following shall be used for mapping natural resources or other features of subdivision plats, site plans, or other as otherwise required by this Section. In general, boundaries shall be measured as follows:
2.
Waterbodies and Watercourses.
a.
Floodplains.
All development within the City, not part of a previously approved plan or plat, shall show the boundary of the floodplain and floodway, if such exist on the site. Such delineation shall be by a registered professional land surveyor.
b.
Streams.
Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
c.
Wetlands.
Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers.
d.
Other Waterbodies/Watercourses.
Initial identification of other watercourses/ waterbodies not otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for subdivision plats and development plans.
3.
Soils.
If septic tanks are to be used, soils shall be delineated by on-site testing of the soils to determine soil boundaries.
4.
Topography.
Topographic lines shall be at two-foot contour intervals unless such intervals are impractical due to essentially flat topography.
5.
Vegetation.
Vegetation shall be measured by the canopy line for the determination of areas of woodlands or trees. Other vegetation types shall be measured from the middle of the vegetation transition.
B.
Monumentation.
2.
Requirements.
The following guidelines apply to artificial monuments to be set.
a.
Monuments consisting of a metal pipe must have at least one inch outside diameter and must be at least four feet in length (longer in soft or unstable soil). Such monuments shall be set in concrete six inches in diameter by 18 inches long. Concrete monuments must be at least 3 inches in width or diameter by 24 inches in length, reinforced with an iron rod at least 1/4 inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
b.
Marks on existing concrete, stone, or steel surface must consist of drill holes, chisel marks or punch marks and must be of sufficient size, diameter or depth to be definitive, stable and readily identifiable as a survey monument. Marks on asphalt roads may consist of railroad spikes, large nails, “PK nails,” or other permanent metal spikes or nail-like objects.
c.
Wooden stakes shall not be set as permanent boundary monuments.
3.
Installation.
Monuments must be set vertically whenever possible and the top must be reasonably flush with the finished grade when practical. Monuments subject to damage from earthwork, construction or traffic should be buried at a sufficient depth to offer protection.
4.
Witness Monuments.
When physically impossible to set a monument at the corner, witness monuments shall be set when possible, preferably on each converging line at measured distances from the corner and identified as such in the description and on the plat of the property.
5.
Benchmarking.
For all subdivisions of five lots or more, a permanent benchmark shall be accessibly placed, the elevation of which shall be based on mean sea level as determined by the U.S. Geological Survey and accurately noted on the subdivision plat. Such permanent benchmark shall be brass capped, set in concrete, with a minimum dimension of six inches in diameter, four feet long with a flat top. The top of the brass monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade stamped with one-half-inch numbers.
C.
As-Builts.
As-built plans, certified by a registered land surveyor, shall be submitted to the Building Official and reviewed by the City Engineer upon completion of subdivision infrastructure.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.201 Standard Residential Neighborhood.
A.
Generally.
New residential subdivisions or neighborhoods using the standard development option shall comply with the provisions of this Section using the development standards set out in Division 3.100, New Neighborhoods Development Standards.
B.
Form of Development.
A standard residential neighborhood can include only two different housing types, where most of the land is owned by individual homeowners (either single-family detached, or manufactured housing in a manufactured home park or subdivision). Single-family detached dwellings are residences for one family that are typically located on a privately owned lot, with private yards on each side of the dwelling unit. Single-family detached lots may be owned in fee-simple, or part of a condominium form of ownership surrounded by limited common elements for use by residents of the single-family home, which would serve the same purpose as a private yard.
C.
Minimum Design.
1.
Identifiable Neighborhood.
If a standard residential neighborhood exceeds 150 dwelling units, it shall be designed as multiple identifiable “neighborhoods” with distinct boundaries.
2.
Common Open Space.
Common open space is generally utilized for bufferyard, recreation, and drainage purposes. The general layout and design of the parcel proposed for development shall be configured so as to maximize the number of lots that are within 1,320 feet of usable open space (e.g., park, trail, etc.).
(Ordinance 2015-30 adopted 10/30/15)
§ 4.202 Planned Cluster Residential Neighborhood.
A.
Generally.
New residential subdivisions or neighborhoods using the planned cluster development option shall comply with the provisions of this Section using the development standards set out in Division 3.100, New Neighborhoods Development Standards.
B.
Form of Development.
A cluster neighborhood allows multiple housing types (i.e., single-family detached, duplex, triplex, and townhouse) with smaller lots and building sites that are clustered together in order to provide for additional common open spaces. Often, the common open space is set aside for resource features such as steep slopes, waterbodies, watercourses, woodlands, floodplains, etc. Therefore, cluster development may be used to preserve environmental resources by clustering development on the buildable portions of the property.
C.
Minimum Design.
1.
Interconnected.
Designated resource protection areas shall, to the greatest extent practicable, be interconnected with other open space areas, greenways, and trail systems (if provided) within the parcel proposed for development and on abutting lands where such integration is practical and does not materially compromise the resource value of the protection areas.
2.
Access.
Open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would material [materially] enhance natural resource management.
4.
Compatibility.
Where a planned cluster neighborhood abuts, is adjacent to, or is located across a local street from existing residentially zoned or used property, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.203 Manufactured Home Park or Subdivision.
A.
Generally.
Manufactured home parks and subdivisions shall be designed according to the standards of Division 4.100, General Requirements for Development Design, and this Section. Additional requirements are set out in Table 2.202, Residential Compatibility Standards, and individual manufactured homes are subject to the standards set out in Section 10.103, Manufactured Home Standards.
C.
Site Design.
Manufactured home parks and subdivisions shall meet the following site design standards:
1.
Lot Dimensions.
Lot dimensions shall be as provided in Section 3.101, Development Standards for New Residential Neighborhoods.
2.
Park or Subdivision Access and Circulation.
a.
No vehicular entrance to, or exit from, any manufactured home park or subdivision, wherever such may be located, shall be within 200 feet along streets from any school, public playground, place of public assembly, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
b.
The entrance to the manufactured home park or subdivision shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
c.
The interior roadway shall be in accordance with the standards for public or private local streets and shall not include dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
3.
Lot or Space Access.
Each manufactured home lot or space shall have direct access to the interior roadway.
4.
Off-Street Parking.
The number of off-street parking spaces per manufactured home lot shall be in conformance with Division 5.100, Parking and Loading.
5.
Lighting.
Lighting shall be provided for interior roads and walkways and shall be in conformance with the applicable standards of Division 5.300, Lighting.
6.
Laundry and Maintenance Buildings.
Laundry and maintenance buildings (for use by residents only) may be included in the site design.
7.
Recreation.
When manufactured home parks or subdivisions are established:
8.
Required Bufferyard.
All manufactured home parks or subdivisions shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque masonry fence or wall (see Division 7.300, Bufferyard Landscaping).
9.
Solid Waste Collection.
Centralized solid waste collection, if applicable, shall be in accordance with the provisions set out in Section 11.106, Solid Waste Collection.
10.
Utilities.
All units are served with sanitary sewer, potable water, and electrical power, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
12.
Maintenance.
All grounds in the manufactured home park or subdivision shall be
a.
Shall be paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
b.
Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
D.
Recreational Vehicle Spaces.
Any manufactured home park or subdivision that was lawfully under construction or in operation on July 7, 2011, is allowed to maintain the recreational vehicle (RV) spaces that existed prior to that date. Manufactured home parks or subdivisions that are created after that date shall not include spaces for recreational vehicles, nor allow recreational vehicles, boats, etc. to be located on site.
E.
Site Plan.
A site plan is required showing conformance with each of the site design criteria detailed in this Section, as well as other applicable requirements of this UDC which will be used for review and consideration by the applicable administrative body having jurisdiction.
F.
Expansion or Modification of Existing MHPs or Subdivisions.
1.
Re-review Required.
Any enlargement (e.g., size of property or additional manufactured home lots or spaces, etc.) or modification of site layout of an existing manufactured home park or subdivision shall require a re-review and approval as if it were a new application.
2.
Existing Facilities Brought Into Conformance.
No enlargement or extensions to any manufactured home park or subdivision shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.
G.
Unit Inspection.
When a unit is to be conveyed to a new owner or leased to a new occupant, it shall be inspected by the Building Official. All units that do not comply with standards for manufactured housing shall be given a complete interior and exterior inspection focusing on habitability and safety. If the unit is deemed unfit, the Building Official may require improvements or replacement with a newer unit certified by the U.S. Department of Housing and Urban Development (HUD).
H.
Plat Notation.
A note shall be added to the plat stating that only single-wide or double-wide manufactured homes are allowed, and that double-wide manufactured homes shall not be allowed on lots designed for single-wide manufactured homes.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.204 Recreational Vehicle (RV) Parks.
A.
Generally.
Recreational Vehicle (RV) Parks shall be designed according to the standards of this Section.
B.
Purpose and Intent.
The City Council finds that RV parks can contribute to the City’s long-term economic and social well-being if they are properly located, designed, and maintained to protect the health, safety, and general welfare of the RV park users, abutting properties, and the City as a whole.
D.
Site Design.
RV parks shall meet the following site design standards:
1.
Maximum Density.
The maximum site density for RV parks shall be 20 spaces per acre, where only one recreational vehicle is permitted per recreational vehicle space.
2.
RV Spaces.
Each recreational vehicle space shall comply with the following:
a.
Minimum Space Area.
A minimum of 1,750 square feet in area and 25 feet in width is required consisting of:
i.
Permanent RV Parking Pad.
No less than 10 feet in width by 24 feet in depth shall be used to construct a permanent parking pad consisting of concrete, gravel, asphalt, crushed rock, or similar material; and each parking pad shall be separated by at least 10 feet from any other parking pad;
ii.
Non-RV Off-Street Parking Space.
Each RV space shall have a minimum of one off-street parking space for a vehicle that is not the recreational vehicle.
iii.
Remaining Area.
The remaining area of the recreational vehicle space shall comply with subsection C.11. [D.11.], Maintenance, below;
b.
Space Marker.
A permanent space marker identifying the space number is required to be visible day and night, which shall be visible from the internal private roadway;
c.
Accessory Structures.
Individual RV spaces are not allowed to have accessory structures (e.g., awnings, cabanas, carports, garages, porches, storage sheds, etc.), with the exception of factory installed recreational vehicle extensions (e.g., expandable spaces or awnings).
3.
RV Park Access and Circulation.
a.
The entrance of the internal private roadway shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
b.
The internal private roadway shall have a pavement width of 24 feet in accordance with City specifications, and shall consist of concrete, asphalt, or crushed limestone. The roadway may be 15 feet in width if it is designed for one-way roads as long as there is a minimum of 24 feet of unobstructed clearance, and a minimum of 60 feet in turning area and radii, to permit the free movement of emergency vehicles.
c.
No dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
4.
Lot Access.
Each recreational vehicle space shall have direct access to the interior private roadway and shall be constructed of concrete, gravel, asphalt, crushed limestone, or similar material that controls or reduces dust.
5.
Required Facilities.
Each RV park shall install and maintain the following required facilities:
a.
Office.
An office for the manager and a publicly available telephone which shall be accessible for emergency use 24 hours a day, seven days a week.
b.
Laundry and Maintenance Facilities.
A laundry and maintenance building shall be included in the site design.
c.
Off-Street Parking.
Each RV park shall provide a common guest parking lot consisting of one parking space for every five recreational vehicle spaces.
d.
Sanitary Facilities.
The RV park shall provide the following sanitary facilities in the quantities specified below. Each calculation shall be rounded up to the next nearest whole number, where a minimum of at least one is required. Facilities for males and females shall be separate and located within a permitted building.
e.
Design and Maintenance of Sanitary Facilities.
Design and maintenance of the sanitary facilities shall be in accordance with the following:
i.
Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture-proof material to permit rapid and satisfactory cleaning, scouring and washing;
ii.
The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.
iii.
Toilet and bathing facilities shall be in separate rooms or each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.
iv.
Toilet floors and walls shall be of impervious material, painted white or a light color, and be kept clean at all times. Shower stalls shall be made of tile, plaster, cement or some other impervious material and shall be kept clean at all times. Shower stalls shall be partitioned in any manner as to provide privacy and promote cleanliness. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times.
v.
The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be made of a washable surface, kept clean at all times.
6.
Lighting.
All common buildings and access thereto shall be well lit both inside and out during the night hours and the lighting design shall be in conformance with Division 5.300, Lighting.
7.
Required Bufferyard.
All RV parks shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque fence or wall (see Division 7.300, Bufferyard Landscaping).
8.
Solid Waste Collection.
Centralized solid waste collection shall be in accordance with the provisions set out in Section 11.106, Solid Waste Collection.
9.
Utilities.
In addition to the following, the installation of utilities shall be in compliance with all building codes and other applicable provisions of this UDC.
a.
Drainage.
The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. A stormwater management plan is required in conformance with 8.302, Stormwater Management, Drainage, and Low Impact Development.
b.
Water System.
All common buildings and RV spaces shall be provided with a connection to the City water system if it is located within 1,000 feet of the RV park. If the City water system is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained to install a well. The City must approve all proposed water facility plans prior to construction. The water distribution system shall be designed as follows:
i.
A master water meter shall be installed to serve the RV park. Sub-metering or remetering for private purposes by the owner/operator of the RV park is permitted however sub-metering or remetering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
ii.
A reduced pressure principle backflow preventer will be required to be placed at the lot line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV spaces and located on the right side of the space.
iii.
Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least 3/4-inch.
iv.
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each space.
v.
A shut-off valve below the frost line shall be provided on each branch line.
vi.
The owner/operator shall have complete maintenance responsibility for the water system within the RV park.
vii.
The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the lot line.
c.
Wastewater System.
All common buildings and RV spaces shall be provided with a connection to the City wastewater system if it is located within 1,000 feet of the RV park. If the City wastewater system is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained prior to placement of an on-site sewage facility. The City must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:
i.
Each RV space shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gas-tight seal when connected to a recreational vehicle or have a gas-tight seal plug when not in service.
ii.
The wastewater connection to each RV space shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.
iii.
Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.
iv.
Each collection wastewater line shall provide a vent extending a minimum of 10 feet in height.
v.
The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.
vi.
The responsibility of the City stops at the lot line.
vii.
Each RV park shall be required to install at the lot line, where connection to the City wastewater system is made, a sample well site. The sample well site shall be installed according to City specifications.
d.
Electrical System.
All common buildings and RV spaces shall be provided with a connection to the City electrical system, which shall be installed underground in accordance with the most currently adopted National Electric Code. The electrical system shall be installed as follows:
i.
A master electric meter shall be installed to serve the RV park. Sub-metering or remetering for private purposes by the owner/operator of the RV park is permitted however sub-metering or remetering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
ii.
The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the weatherhead.
iii.
The location of all underground lines shall be clearly marked by surface signs at approved intervals.
iv.
Power supply to each space shall be a minimum of one 20-amp and one 50-amp power supply.
v.
Outlets (receptacles or pressure connectors) shall be housed in an Underwriters’ Laboratories, Inc., approved weatherproof outlet box.
vi.
A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two feet above the floodplain elevation shall be provided.
10.
Fire Protection.
a.
Open fires shall be allowed only in a manner and within a container approved by the Fire Chief.
b.
Each RV space shall be within 600 feet of a fire hydrant. If the City water system is not available, the owner/operator shall install and maintain a pond or container on the property that has a minimum capacity of 20,000 gallons, if one does not already exist on-site. The pond or container shall be filled at all times and be connected to a dry hydrant. The dry hydrant shall have a standard four-inch connection or other such size as approved by the Fire Chief and be installed in a location that is accessible to emergency vehicles.
11.
Maintenance.
In conformance with the landscape surface ratio (LSR) of the district, all grounds in the RV park shall be
a.
Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
b.
Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
E.
Site Plan.
A site plan is required showing conformance with each of the site design criteria detailed in this Section (including all proposed on-site utilities, rights-of-way/easements and roadway configuration, storm drainage, recreational vehicle space layout, building improvements, fencing, buffering, lighting and signage), as well as other applicable requirements of this UDC which will be used for review and consideration by the applicable administrative body having jurisdiction.
F.
License.
The owner/operator is required to hold a valid license issued annually from the City to operate an RV park in the City in accordance with Chapter 159, Recreational Vehicle Parks, of the City’s Code of Ordinances, as amended from time to time.
Editor’s note–Chapter 159 of the 1994 Code of Ordinances, Recreational Vehicle Parks, is repealed by section 15.305 of the Unified Development Code. The reader is directed to section 14.304H of the development code, relating to recreational vehicle park licenses.
G.
Operations.
The owner/operator shall collect the following information as part of the registration process for each person renting an RV space in the RV park:
1.
Name;
2.
Full address of permanent residence;
3.
Automobile and recreational vehicle license plate number and the state in which each is registered;
4.
Photocopy of the driver’s license of the primary tenant;
5.
The number or letter of the designated space being rented; and
6.
The date of arrival and departure.
H.
Expansion or Modification of Existing RV Parks.
1.
Re-review Required.
Any enlargement (e.g., size of property or additional RV spaces, etc.) or modification of site layout of an existing RV park shall require a re-review and approval as if it were a new application.
2.
Existing Facilities Brought Into Conformance.
No enlargement or extensions to any RV park shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.
I.
Inspections.
1.
Authorized.
The Building Official shall make at least two annual inspections, at six-month intervals, per RV park and additional inspections as are necessary, without prior notice, to determine compliance with this Section.
2.
Entry On Premises.
The Building Official and Code Enforcement Officer shall have the power to enter, during normal operating hours, upon any private or public property with the purpose of inspecting and investigating conditions relating to the enforcement of this Section.
J.
Suspensions.
1.
Notice.
Whenever, upon inspection of any RV park, the Building Official finds that conditions or practices exist which are violation of any provision of this Section applicable to such park, the Building Official shall provide notice in writing to the owner/operator, and if such conditions or practices have not been corrected in the timeframe set forth in the notice, the Building Official will suspend the RV park license and give notice of such suspension.
2.
Cessation of Operations.
Upon suspension of the RV park license, the owner/operator shall cease operation of the RV park.
K.
Abandonment and Restoration.
1.
Plan.
In the event that operations should cease for a period of 24 months, the owner shall be required to provide a written plan and agreement to the Building Official showing evidence of a pending lease/sale agreement or a plan of action setting forth how the site’s improvements (e.g., internal roadways, RV parking pads, buildings and structures, utilities, signs, and other non-vegetative improvements) shall be dismantled and the site restored to its previous unoccupied, natural condition. The start of the 24-month timeframe begins upon notification to the City by the owner/operator, or upon the initial inspection by the Building Official, whichever comes first.
2.
Restoration.
If the City deems the abandoned RV park is public health or safety hazard after the 24 months have expired, the City may restore the property to its natural conditions and place a lien on the property to recover both restoration and administrative costs.
(Ordinance 2015-30 adopted 10/30/15)
§ 4.205 Manufactured Home Overlay (MHO) District.
A.
Purpose and Intent.
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this chapter was passed and amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to consider certain lots or land uses for manufactured homes in an Overlay District under conditional use criteria. Additionally, the purpose of the Manufactured Home Overlay (MHO) District is to provide for areas where manufactured homes may be placed on individual lots as a conditional use to assist with individual needs for a Primary Residence-Owner Occupied Premises. It is intended to provide areas and settings for a quality living environment for manufactured home residents and neighboring property owners.
B.
Generally.
Manufactured homes within the Manufactured Home Overlay (MHO) District shall comply with, but not limited to, Section 14.402, Conditional Uses Permits, in addition to those standards that may be applicable in Section 4.203, Manufactured Home Park or Subdivision, Section 10.103, Manufactured Home Unit Standards, and in Section 12.107, Nonconforming Manufactured Homes, Table 2.102, Residential and Commercial Uses of the Home, Table 2.202, Residential Limited and Conditional Use Standards, Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, Table 3.204A, Lot and Building Standards for NT-R5 Lots and Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.
C.
Standards and Criteria.
A manufactured home proposed to be located within a Manufactured Home Overlay (MHO) District shall be considered under Conditional Use Permit criteria, Section 14.402, Conditional Uses Permits, in addition to and provided that:
1.
Proof of satisfaction for all taxes and liens is to be provided with a Conditional Uses Permit application.
2.
Each manufactured home shall be placed with a model constructed no greater than five years from the date of the proposed placement.
3.
Each manufactured home is to be considered as a primary, owner occupied residence. Proof of ownership by deed is required under permit procedures and utilities are to be maintained in the same proven ownership, upon initial placement and subsequent transfer of ownership.
4.
The manufactured home must meet the minimum standards as a HUD manufactured home unit in accordance with the Manufactured Home Construction and Safety Standards (HUD Code) for the state of Texas.
5.
The manufactured home must display a certification label on the exterior of each transportable section.
6.
The manufactured home is attached to and installed on a permanent foundation and the provisions of the Unified Development Code Section 10.103, Manufactured Home Unit Standards and Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts or Table 3.204A, Lot and Building Standards for NT-R5 Lots setbacks, as well as design standards set forth in Section 4.203, Manufactured Home Park or Subdivision are complied with.
7.
The wheels, tongue, and traveling lights must be removed within 15 days after the manufactured home is placed on the lot.
8.
Required skirting is affixed to the manufactured home, pursuant to Section 10.103, Manufactured Home Unit Standards, (E).
9.
Provision of two (2) off-street improved parking spaces required in connection with the placement of the manufactured home, pursuant to Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.
11.
The proposal must comply with all other development standards of the underlying zoning district.
D.
Applicability of additional regulations.
Permitted uses within the Manufactured Home Overlay (MHO) District include all uses in the underlying zoning district. All structures are required to meet the applicable design and setback standards.
E.
Permit procedures.
A request for a manufactured home within a Manufactured Home Overlay (MHO) District shall be processed in accordance with the building permit application entitled MHO Building Permit and other applications, as required. The permit request will be reviewed for compliance with the standards and criteria of this section by the Building Official. Fees and additional applications as shown, but are not limited to, as follows:
(Ordinance 2016-13, sec. 1, adopted 7/19/16)
§ 4.206 Bed and Breakfast Home or Inn.
A.
Purpose and Intent.
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this chapter was passed and amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to consider certain lots or land uses for Bed and Breakfast Home or Inn (Overnight Accommodations) establishments under Conditional Use Permit application and criteria. It is intended to provide areas and settings for a quality living environment for Bed and Breakfast establishments and neighboring property owners.
B.
Generally.
Bed and Breakfast establishments shall comply with, but not be limited to, Section 14.402, Conditional Uses Permits and Section 4.206, Bed and Breakfast Home or Inn, in addition to those standards that may be applicable in Table 2.102, Residential and Commercial Uses of the Home, Table 2.203, Commercial Use of the Home Limited and Conditional Use Standards, Table 5.101A, Residential and Commercial Use of the Home Parking Requirements and Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses.
C.
Standards and Criteria.
Bed and Breakfast Homes are allowed in an NC Neighborhood Conservation or NT Neighborhood Transition Zoning District, if it is demonstrated that:
1.
Overnight accommodations (lodging) shall occur in the existing primary residence by the issuance of a Conditional Use Permit;
2.
The minimum gross habitable floor area for a non-owner occupied Bed and Breakfast Home is 800 square feet. For an owner occupied Bed and Breakfast Home, the minimum gross habitable floor area is 1,200 square feet, with a minimum of two bedrooms each with a dedicated bathroom provided;
3.
No entrance is specifically dedicated for the Bed and Breakfast Home, unless otherwise required by law;
4.
Proposed external alterations, construction or reconstruction of the dwelling unit to accommodate the Bed and Breakfast Home is to be considered under Conditional Use Permit review;
5.
There shall be no outdoor display or storage of goods, materials, merchandise, or equipment related to the Bed and Breakfast Home that is visible from the exterior of the dwelling unit;
6.
Meals are provided to residents and overnight guests only (e.g. not to function as a commercial kitchen for non-residents or guest);
7.
Small private events for groups of 20 or more in Bed and Breakfast Homes are allowed only by the issuance of a Special Event Permit, see Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses;
8.
All off-street parking complies with the provisions set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements, and may require privacy screening from adjacent properties with a Type A buffer yard, see Section 7.302, Required Buffer yards, to be determined under Conditional Use Permit review;
9.
Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that is affixed securely and flat against a wall of the home;
10.
The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;
11.
The Bed and Breakfast Home will not create or cause any perceptible noise, odor, smoke, heat, dust, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties;
12.
The home is inspected by the Building Official and Fire Marshal, with a written record indicating that the home meets all applicable building and fire codes prior to occupancy as a Bed and Breakfast Home; and
13.
The proposal must comply with all other development standards of the underlying zoning district.
D.
Standards and Criteria.
Bed and Breakfast Inns are allowed in a C-1 Commercial, General or C-2 Central Business District Zoning District, if it is demonstrated that:
1.
Overnight accommodations (lodging) shall occur in the existing primary residence and may occur in a guesthouse or accessory dwelling by the issuance of a Conditional Use Permit;
2.
The minimum gross habitable floor area is 1,200 square feet, with a minimum of one main and one separate guest bathroom provided;
3.
Meals are provided to residents and overnight guests only (e.g. not to function as a commercial kitchen for non-residents or guest);
4.
Small private events for groups of 40 or more in Bed and Breakfast Inns are allowed only by the issuance of a Special Event Permit, see Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses;
5.
The principal use of the Bed and Breakfast Inn is for temporary or overnight accommodations with an accessory use for catering of small private events, as established under a Conditional Use Permit; the preparation of food for catering of small private events is allowed under a Conditional Use Permit, provided ample parking is contained on-site or other arrangements are made to meet the parking needs of the event, when necessary;
6.
All off-street parking complies with the provisions set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements, and may require privacy screening from adjacent properties with a Type B buffer yard, see Section 7.302, Required Buffer yards, to be determined under Conditional Use Permit review;
7.
Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that is affixed securely and flat against a wall of the home, and/or a freestanding sign placed no greater than 6 feet from the Bed and Breakfast Inn dwelling unit and no greater than four feet in height and four feet in area. Compliance with other criteria as set out in Article 9 Sign of the Unified Development Code;
8.
The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;
9.
The Bed and Breakfast Inn will not create or cause any perceptible noise, odor, smoke, heat, dust, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties;
10.
The home is inspected by the Building Official and Fire Marshal, with a written record indicating that the home meets all applicable building and fire codes prior to occupancy as a Bed and Breakfast Inn; and
11.
The proposal must comply with all other development standards of the underlying zoning district.
E.
Applicability of additional regulations.
All structures are required to meet applicable state, local and international codes, where applicable. Bed and Breakfast Home and Inn establishment owners shall also comply with all requirements of the Texas Administrative Code, Title 25 - Health Services, Part 1 - Department of State Health Services, Chapter 228 - Retail Food, Subchapter H - Requirements Applicable to Certain Establishments, Rule § 228.223 - Bed and Breakfast.
F.
Permit procedures.
Once a Conditional Use Permit application has been submitted to the Planning and Zoning Department and received approved [approval] by the Planning and Zoning Commission and City Council, a request for a Bed and Breakfast Home or Inn shall be processed in accordance with the building permit application entitled Bed and Breakfast Compliance Permit-Registry application. The permit request will be reviewed for compliance with the standards and criteria of this section by the Building Official. Fees and additional applications as shown, but are not limited to, as follows:
(Ordinance 2016-25, sec. 1, adopted 1/11/17)
§ 5.101 Required Off-Street Parking and Loading Spaces.
A.
Purpose.
The main purpose of this Division is to establish standards ensuring the availability and safe use of parking lots.
B.
Applicability of Division.
1.
All new development shall provide all of the parking spaces required by this Section and shall comply with all other provisions of this Division.
2.
Expansions to existing development and changes in use of existing buildings that require additional parking shall provide parking to the extent of the new demand created by the expansion or change in use, as set out in Section 12.105, Nonconforming Parking and Landscaping.
3.
Changes in use of existing buildings that result in a fewer required parking spaces shall not be required to provide additional parking spaces.
C.
Calculations.
The number of required parking spaces is calculated according to the formulas set out in this Section, and then adjusted per the standards set out in Section 5.103, Alternatives or Modifications to Required Parking.
1.
Variables for Calculating Required Parking.
The variables used for parking calculations are measured as follows:
a.
Per Square Foot (sf) of Parking Floor Area (PFA).
The phrase “per sf of PFA” means that the number of parking spaces is calculated based on the number of “parking-related” square feet of floor area put to the use. The “PFA” is 85 percent of the gross floor area, plus (unless otherwise specified) the area of any parts of the parcel proposed for development that are delineated and used in a manner that is comparable in function and intensity of use to the use of the inside of the building (e.g., outdoor dining areas).
b.
Per Dwelling Unit (DU) or Per Bedroom (BR).
The phrase “per # DU” means that the number of parking spaces is calculated based on the number of dwelling units. In some cases, the parking requirements are based on the number of bedrooms (per # BR unit) in the dwelling units.
c.
Per Bed.
The phrase “per bed” means that the number of parking spaces is based on the number of beds in the facility instead of the number of sleeping rooms or some other measure. Per bed calculations are normally applied to uses that offer residential care or overnight accommodations with shared rooms.
d.
Per Employee.
The phrase “per employee” means that the number of parking spaces is based on the number of employees during the shift in which the maximum number of employees is present.
e.
Per Seat Capacity.
The phrase “per seat” means that the number of parking spaces is based on the number of seats that are provided for guests (patrons, members, etc.), with benches or pews measured as one seat per each two feet of width; and
f.
Per Square Feet (sf) of Assembly Area.
The phrase “per sf of assembly area” means that the number of parking spaces is based on the number of square feet in the largest room used for assembly (e.g., at a school, this is often a gymnasium, but it could also be a theater or a lunch room).
g.
Others.
Other variables are measured according to their common meanings.
2.
Rounding.
If the final calculation of the number of required parking spaces includes a fractional space, the number of required parking spaces is rounded up to the nearest whole number, regardless of the fraction.
3.
Multiple Mixed-use or Nonresidential Uses.
If several mixed-use or nonresidential uses occupy a single parcel or building, the off-street parking and loading requirements shall be the cumulative total for all uses, or as set out in Section 5.103, Alternatives or Modifications to Required Parking, whichever is lesser.
D.
Required Parking.
The parking spaces required for individual uses are provided in this subsection delineated by the land use classifications set out in Part 1, Zoning Districts and Land Uses.
1.
Residential and Commercial Use of the Home.
Required off-street parking for residential and commercial uses of the home are set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.
Table 5.101A | |
|---|---|
Residential and Commercial Use of the Home Parking Requirements | |
Use | Required Off-Street Parking Spaces |
Residential Uses (Housing Types) | |
Single-Family Detached | |
- Cottage | 2 spaces per du. |
- Industrialized Housing | 2 spaces per du. |
- Single-Family Detached | 2 spaces per du. |
- Manufactured Home | 2 spaces per du. |
Single-Family Attached | |
- Duplex | 2 spaces per du. |
- Triplex | 2 spaces per du. |
- Townhouse | 2 spaces per du. |
- Live-Work Unit | 3 spaces per du. |
Multi-family | |
- Apartment | 1.5 spaces for efficiency unit and 1 BR; 2 spaces per du for 2 BR plus |
Special Neighborhood Types | |
Planned Cluster | Individual spaces as set out above + 1 visitor space per each 5 dwelling units |
Manufactured Home Park, Subdivision or Manufactured Home Overlay District (MHO) | Individual spaces as set out above + 2 visitor spaces per each 5 manufactured home spaces |
Recreational Vehicle (RV) Park | 1 space per RV pad (not including RV space) + 2 visitor spaces for each 5 recreational vehicle spaces |
Commercial Uses of the Home | |
Bed and Breakfast Home or Inn (overnight accommodations) | 1 space per guest room + 1 space per 300 sf. PFA of meeting rooms, ballrooms, administrative offices, outside gathering areas and/or areas used for self-service breakfast for guests only. |
Child-Care, Family Home | 1 space per each 3 children on the premises at any one time + 1 space per each provider, staff member, or employee on duty at any one time |
Child-Care Facility, Group Home | Greater of: 1 space per 3 rooms or 1 space per BR |
Child-Care Facility, Residential (foster home/ agency foster home) | Greater of: 1 space per 3 rooms or 1 space per BR |
Child-Care Facility, Residential (other) | Greater of: 1 space per 3 rooms or 1 space per BR |
Home Occupation | No additional parking required |
2.
Institutional, Recreation and Amusement Uses.
Required off-street parking for institutional, recreation and amusement uses are set out in Table 5.101B, Institutional, Recreation and Amusement Use Parking Requirements.
Table 5.101B | |
|---|---|
Institutional, Recreation and Amusement Use Parking Requirements | |
Use | Required Off-Street Parking Spaces |
Institutional Uses | |
Assisted Living Facility | 1 space per 3 du’s; if not configured as individual du’s; 1 space per each employee + 1 space for each 4 beds |
Child-Care Facility, Day-Care | 1 space per 300 sf PFA |
Hospitals | Special Study. See subsection 5.103B, Special Study. |
Medical Office/Clinic/Medical Lab | 1 space per 250 sf PFA |
Nursing/Convalescent Home | 1 space per 3 beds + 1 space per 2 employees on the largest shift |
Place of Public Assembly (event facilities; meeting halls; fraternal organizations; places of worship) | 1 space per 200 sf PFA |
Schools, Private | Special Study. See subsection 5.103B, Special Study. |
Schools, Public | Special Study. See subsection 5.103B, Special Study. |
Recreation and Amusement Uses | |
Commercial Amusement, Indoor | 6 spaces per 1,000 sf |
Commercial Amusement, Outdoor | Special Study. See subsection 5.103B, Special Study. |
Golf Course/Club | 3 spaces per hole + 3 spaces per 4 driving range stations (if applicable) |
Recreation and Fitness, Indoor | 1 space per 300 sf PFA |
Recreation and Fitness, Outdoor | Greater of: 1 space per each 5 persons seat capacity + 1 space per each 4 seats; or 1 space per each 30 sf PFA |
Sexually Oriented Business | Greater of: 4 spaces per 5 seats; or 1 space per 250 sf of PFA |
3.
Commercial Uses.
Required off-street parking for commercial uses are set out in Table 5.101C, Commercial Use Parking Requirements.
Table 5.101C | |
|---|---|
Commercial Use Parking Requirements | |
Use | Required Off-Street Parking Spaces |
Commercial Uses | |
Alcohol Beverage Sales | On-site consumption: 1 space per 75 sf PFA Off-site consumption: 1 space per 300 sf PFA |
Animal Grooming Facilities | 1 space per 400 sf PFA |
Animal Boarding or Veterinarian Services, Large Animal | 1 space per 200 sf PFA |
Animal Boarding or Veterinarian Services, Small Animal | 1 space per 300 sf PFA |
Bar or Nightclub | 1 space per 75 sf PFA |
Drive-In, Drive-Through Facility | 1 space per 75 sf PFA |
Heavy Retail/Home Center | 1 space per 400 sf PFA + 1 space per 1,000 sf outdoor sales and display area |
Mixed-Use | Minimum 3 spaces |
Nursery/Greenhouse, Retail | 1 space per 300 sf PFA of office or sales floor area + 1 space per 5,000 sf of outdoor nursery area |
Office, General | 1 space per 300 sf PFA |
Overnight Accommodations (hotels, motels) | 1 space per guest room + 1 space per 300 sf PFA of meeting rooms, ballrooms, administrative offices, and areas used for self-service breakfast for guests only + 75% of parking requirements for integrated restaurants and bars that are open to the public |
Pawn Shop | 1 space per 200 sf PFA |
Restaurant | 1 space per each 200 sf PFA; or 1 space per each 4 seats; whichever is greater |
Vehicle Gas or Fueling Station | 1 space per 250 sf PFA |
Vehicle Sales, Rental, and Service | 1 space per employee on maximum shift + 3 spaces per service bay or fueling stall + 1 space per 125 sf PFA of convenience store floor area |
Wholesale | 1 space per 1 employee + 1 space per business vehicle parked on-site + 2 spaces for customer parking |
4.
Agriculture, Industrial, Transportation, Utility and Communication Uses.
Required off-street parking for agriculture, industrial, transportation, utility and communication uses are set out in Table 5.101D, Agriculture, Industrial, Transportation, Utility and Communication Use Parking Requirements.
Table 5.101D | |
|---|---|
Agriculture, Industrial, Transportation, Utility and Communication Use Parking Requirements | |
Use | Required Off-Street Parking Spaces |
Agriculture, General | |
Agriculture, General | N/A |
Nursery/Greenhouse, Wholesale | 1 space per 300 sf PFA of office or sale floor area + 1 space per 5,000 sf of outdoor nursery |
Industrial | |
Heavy Industry | Special Study. See subsection 5.103B, Special Study. |
Light Industry | 1 space per 400 sf PFA |
Mining/Extraction | 1 space per employee on the largest shift |
Oil/Gas Operations | 1 space per employee on the largest shift |
Storage, Self | 1 space per 25 storage units + 1 space per 300 sf of office space |
Storage Yard | 1 space per 300 sf PFA |
Vehicle Wrecking and Salvage Yard; Junkyard | 1 space per 3 stalls |
Warehousing and Logistics | 4 spaces per 5,000 sf of PFA + 1 space over each additional 5,000 sf PFA |
Waste Transfer Station/Recycling Collection Facility | 1 space per 500 sf facility |
Transportation Uses | |
Airport | Special Study. See subsection 5.103B, Special Study. |
Helistop | Special Study. See subsection 5.103B, Special Study. |
Parking, Stand-Alone | No minimum |
Rail Yard | Special Study. See subsection 5.103B, Special Study. |
Utility Uses | |
Power Generation, Small-Scale (renewable, noncombustible) | Special Study. See subsection 5.103B, Special Study. |
Power Generation, Utility Scale | Special Study. See subsection 5.103B, Special Study. |
Public Utilities | Special Study. See subsection 5.103B, Special Study. |
Wireless Telecommunication Facility (WTF) Uses | |
WTF, Attached | 1 space per each freestanding facility (may be grass pavers) |
WTF, Freestanding Non-Stealth | 2 spaces per tower |
WTF, Freestanding Stealth | 2 spaces per tower |
E.
Required Disabled Parking.
As required by the American with Disabilities Act (ADA) a certain number of required disabled parking spaces are required as part of new development and redevelopment (see Section 4.1.2, Accessible Sites and Exterior Facilities: New Construction, of the Texas Accessibility Standards). The disabled parking spaces shall be incorporated into, rather than in addition to, the overall number of parking spaces required by this Section.
F.
Required Loading Spaces.
Where loadings spaces are required as set out in Table 5.101E, Required Loading Spaces, each space shall be a minimum of 35 feet in length by 12 feet in width, and 15 feet in height.
Table 5.101E | |
|---|---|
Required Loading Spaces | |
Gross Floor Area (square feet) | Minimum Loading Spaces |
Up to 20,000 sf | 1 |
Over 20,001 sf to 40,000 sf | 2 |
Over 40,001 sf to 100,000 sf | 3 |
Each additional 60,000 sf over 100,000 sf | 1 additional |
G.
Uses Not Listed.
The Planning and Zoning Commission shall determine the parking requirements for uses that are not listed based on the uses that are most similar to the proposed uses (see Division 2.200, Limited and Conditional Use Standards) or based on parking studies of similar uses that are provided by the applicant and certified by a qualified transportation planner or professional engineer (see Section 5.103, Alternatives or Modifications to Required Parking).
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 6, adopted 7/19/16; Ordinance 2016-25, sec. 5, adopted 1/11/17)
§ 5.102 Location, Design, and Use of Required Parking and Loading.
A.
Location.
1.
Generally.
All off-street parking and loading spaces shall be located on the same lot and in the same zoning district as the building and/or use to be served, except the owners of two or more separate uses may establish a shared parking area to provide the total number of required off-street parking and loading spaces if such proposal is approved by the Planning and Zoning Commission and/or City Council, including any special conditions that may be imposed by the Commission or Council.
2.
Parking Setback.
On-site off-street parking shall be set back behind any required bufferyard (see Figure 5.102A, Location of Required Parking and subsection 7.302C., Street or Railroad Bufferyards).
Figure 5.102A Location of Required Parking  |
B.
Dimensions of Standard Parking Spaces.
Parking spaces shall have the following dimensions.
1.
Generally:
Nine feet in width by 20 feet standard stall depth which equals to 180 total square feet.
2.
90-degree parking spaces that abut a curb or the edge of pavement (allowing an overhang):
Nine feet width by 18 feet reduced stall depth provided there is a six-foot-wide sidewalk, or a minimum five-foot landscape area (see Figure 5.102B, Parking Space Dimensions).
3.
Parallel (0 degree) parking spaces:
Nine feet width by 20 feet standard stall depth.
Figure 5.102B Parking Space Dimensions  |
C.
Parking Space Design and Markings.
1.
Vertical Clearance.
All parking spaces shall have a vertical clearance of at least eight feet. Some larger vehicles like vans, SUVs, and light trucks may need a higher clearance. The applicant should note the maximum vehicle size to be accommodated. All parking structure entrances shall have a clearly marked bar to alert oversized vehicles of height limitations before they enter.
2.
Markings.
a.
All parking spaces that are located in parking lots or provided on a street shall be clearly marked.
b.
All handicap accessible spaces shall be designed with an upright sign exhibiting the universal symbol for accessibility by the handicapped. All such spaces shall be designed in compliance with the standards of the Americans with Disabilities Act.
c.
Parking spaces for residential uses that are located in private garages, carports, or individual driveways do not have to be marked. An area on a private residential lot is considered a parking space if:
3.
Parking Module Standards.
Table 5.102, Parking Module Standards, sets out the minimum horizontal widths for standard parking space depths, parking aisles, and combined parking aisle/stall modules. See also Figure 5.102C, Illustrative Parking Module Configurations.
Table 5.102 | |||||
|---|---|---|---|---|---|
Parking Module Standards | |||||
Dimension | One-Way Parallel | Space Angle (degrees) | |||
30 | 45 | 60 | 90 | ||
Single Row of Parking | |||||
Stall depth | 9' | 18' | 21' | 22' | 20' |
Parking aisle | 12' | 12' | 13' | 18' | 24' |
Minimum width of module (stall depth & aisle) | 21' | 30' | 34' | 40' | 44' |
Two Rows of Parking | |||||
Stall depth | 18' | 36' | 42' | 44' | 40' |
Parking aisle | 12' | 12' | 13' | 18' | 24' |
Minimum width of module (stall depth & aisle) | 30' | 48' | 55' | 62' | 64' |
Figure 5.102C Illustrative Parking Module Configurations |
Illustrative dimensions for one parking row and parking aisle  |
Illustrative dimensions for two parking rows and parking aisle  |
4.
Parking for Residential Development.
The following types of vehicles are allowed in residential parking areas:
a.
The outdoor parking or outdoor storage of not more than two recreational vehicles, campers or boats, or trailers on property zoned NC and NT, stored only in the side or rear yard meeting the setback requirements set out in Division 3.100, New Neighborhood Development Standards and Division 3.200, Established Neighborhoods.
b.
The parking of one commercial car or truck not exceeding seven feet in height nor having more than one and one-half ton capacity as specified by the manufacturer, that is used in connection with the occupant’s business or livelihood.
c.
The parking of passenger cars owned by the occupants of the dwelling and their visitors.
D.
Loading Space Design and Markings.
All uses shall provide off-street loading spaces as set out in Section 5.101, Required Off-Street Parking and Loading Spaces.
2.
Use of Rights-of-Way.
Where off-street loading [spaces] are required, at no time shall any part of a truck or van be allowed to extend into a public right-of-way while the truck is being loaded and unloaded.
3.
Design.
Off-street loading spaces shall be designed to not conflict with the general circulation patterns on the site, nor interfere with any fire exits or emergency access facilities to either the building or site.
E.
Use of Required Parking.
1.
Generally.
Required off-street parking spaces shall be available for operable passenger automobiles of the residents, customers, patrons, and employees of the use to which they relate.
2.
Storage.
Storage materials, boats, campers, recreational vehicles, or inoperable vehicles, or overnight parking of trucks or trailers is prohibited in parking areas of multi-family, nonresidential, and mixed-use developments, unless:
3.
Outdoor Display of Merchandise.
The sale of goods or merchandise is prohibited in parking areas unless in conformance with Section 11.104, Outdoor Storage and Display of Merchandise.
4.
Prohibition.
No area required by the City for the use of private, off-street parking shall be used as a commercial parking lot.
F.
Surfacing.
All parking and loading areas shall be graded and maintained so that water does not accumulate on such areas nor flow or drain onto abutting public or private property. The surfacing of parking and loading areas shall be as follows:
1.
Paved Parking.
Except as otherwise specifically required, all off-street parking and loading spaces together with access and circulation drives, driveways, and parking aisles shall be surfaced or improved with an improved hard surface approved by the Building Official or City Engineer, that will provide an equal protection against potholes, erosion, and dust. Such parking surfaces shall not, however, be required for off-street parking facilities serving athletic fields, outdoor public active or passive recreation areas, public or private parks, or agricultural uses.
2.
Pervious Pavement.
All development with paved parking shall be encouraged to use pervious pavement or pervious pavement systems. From the standpoint of complying with Subsection F.1., above, pervious pavement shall be considered “paved” if it complies with the following:
a.
The pervious pavement or pervious pavement system shall be designed and certified by a registered engineer or landscape architect to carry a wheel load of 4,000 pounds.
b.
In nonresidential and mixed-use districts for uses other than residential, pervious pavement or pervious pavement systems, except pervious asphalt or pervious concrete, shall not be used for access and circulation drives, driveways, parking aisles, disabled parking spaces, or loading spaces.
c.
Pervious pavement or pervious pavement systems that utilize turf grass shall be limited to overflow parking which is not typically used on a daily or regular basis.
d.
The use of pervious pavement or pervious pavement systems shall not count as landscape area nor allow parking lots to be located anywhere not otherwise permitted by this UDC.
e.
The use of pervious pavement or pervious pavement systems shall be prohibited in areas on a lot used for the dispensing of gasoline or other engine fuels or where hazardous liquids may be absorbed into the soil.
3.
Unpaved Parking.
Off-street parking areas that are not required to provide the type of surface set out in subsection F.1., above, shall be graded and surfaced with crushed stone, gravel, or other suitable material to provide a surface that is stable and that will help to reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such parking area abuts a paved street, the driveway approach shall be paved with asphalt, concrete, bituminous surface treatment, or other such material meeting the City’s construction and material specifications, for a distance of 25 feet back from the edge of the paved street to prevent gravel from being deposited on the paved public or private street.
G.
Maintenance.
Access and circulation drives, driveways, parking aisles, off-street parking and loading spaces, and on-site traffic directional or control devices shall be kept in good condition and parking space lines or pavement markings on improved hard surfaces shall be kept clearly visible and distinct.
(Ordinance 2015-30 adopted 10/30/15)
§ 5.103 Alternatives or Modifications to Required Parking.
A.
Generally.
This Section sets out several ways to modify or reduce the number, or determine the adequate number, of off-street parking spaces that must be provided by Section 5.101, Required Off-Street Parking and Loading Spaces.
B.
Special Studies.
Some of the uses that are listed in the tables set out in Section 5.101, Required Off-Street Parking and Loading Spaces, have nonlinear or widely varying parking demand characteristics. Accordingly, their parking requirements are listed in the table as “Special Study.” Required parking for these uses shall be established by special study according to the standards of this Section. A special study shall also be required for any land use not listed in Section 5.101, Required Off-Street Parking and Loading Spaces.
1.
Requirements.
a.
The special study shall be conducted by a qualified transportation planner or traffic engineer at the applicant’s expense. The Building Official shall maintain a list of qualifications and/or certifications that are acceptable to the City for this purpose.
b.
The special study shall provide:
i.
A peak parking analysis of at least five comparable uses.
ii.
Documentation regarding the comparability of the referenced uses, including name, function, location, floor area, parking availability, access to transportation network (including vehicular or other if applicable), use restrictions, and other factors that could affect the parking demand.
2.
Approval of Special Study.
a.
The Planning and Zoning Commission and/or City Council may rely upon the special study or may request one round of additional information or analysis, including, but not limited to alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand, as supported by sound engineering principles.
b.
As a condition of approval of a special study, the Planning and Zoning Commission and/or City Council may require that land be reserved or land-banked for additional parking if there is a demonstrably high probability the use could change, resulting in a higher demand for parking.
C.
Reduction of Parking or Loading Requirements by Demonstration of Lesser Demand Management.
The City may approve a reduction in the number of required parking or loading spaces if the applicant demonstrates that such a reduction is appropriate based on specific parking demand forecasts for the proposed use, provided that:
1.
The Planning and Zoning Commission and/or City Council may require that space be reserved or land-banked for additional parking upon a determination that there is a reasonable likelihood that the use itself or the nature of the use could change in a manner that increases its parking demand.
2.
The City may rely on the applicant’s special study (see subsection B., Special Studies, above) or the special study conducted by the City’s consultant.
3.
The City may retain a qualified traffic engineer, at the applicant’s expense, to review the parking demand forecast and provide recommendations to the City.
4.
The comparability of the uses shall be documented in detail, which includes their location, gross floor area, street access, use types and restrictions, hours of operation, peak parking demand periods, and all other factors that were considered by the traffic engineer that could affect parking demand.
(Ordinance 2015-30 adopted 10/30/15)
§ 5.201 General Access and Circulation Requirements.
A.
Generally.
For the purposes of this Section:
B.
Access to Single-Family Detached and Attached Lots.
1.
Existing Lots.
Existing access to single-family detached and duplex lots from arterial or collector streets is permitted. However, the existing access shall be moved from the arterial or collector to a local street if:
2.
New Lots.
New single-family detached, duplex, or single-family attached dwelling units shall not take access to arterial or collector streets unless they have more than 200 feet of frontage (see Table 5.201, Access Spacing Same Side of Street). The driveway shall be at least 12 feet wide, but not more than 25 feet wide at the property line, and shall be designed to prevent vehicles from backing onto an arterial or collector street.
C.
Access and Circulation of Nonresidential and Mixed-Use Lots.
1.
Parcels proposed for development that front on arterial and collector streets shall provide cross-access to abutting parcels unless cross-access is unfeasible.
2.
Where connections to abutting parcels are possible, but not currently provided:
a.
The parcel proposed for development shall include a stub-out at a location that allows for a reasonable connection to the abutting parcel (i.e., one that allows for reasonable development of both parcels) in the future; and
b.
The applicant shall record a cross-access easement in a form acceptable to the City Attorney to allow for future connection of the stub-out to a comparable facility on the abutting parcel. In general, the City may require cross-access easements to include one or more of the following:
3.
All entrances and exits to a parking lot and interior circulation patterns, shall be clearly delineated by appropriate directional signage and/or pavement markings. If directional signs are used as part of this delineation, the signs shall be in accordance with Article 9, Signs.
4.
Driveways providing access to parking lot circulation drives and parking aisles shall be at least 25 feet wide, but not more than 45 feet wide (at the property line), and configured to direct traffic safety into and out of the parcel proposed for development. Such configuration may include or require a median separation between ingress and egress lanes.
5.
No more than one driveway access point is allowed per lot per frontage serving a single use. Lots that have frontage on two separate streets (e.g., a corner lot) may have a single driveway access point on each street. No more than two of ingress/egress is allowed per lot. Points of access to a shopping center, industrial plant, or other similar multi-use or high traffic volume use with similar characteristics shall be determined by the Building Official at the time of approval of the site plan based on a traffic impact analysis. Based on the traffic analysis, acceleration and deceleration, and left-hand turn lanes may be required at the expense of the applicant.
6.
Access shall be spaced according to the subsection C., Access Spacing, Same Side of the Street, of this Section. Temporary access (or a continuation of current access) may be provided to parcels which cannot comply with this requirement, provided that reasonable access is unavailable through improved cross-access easements or consolidation of abutting lots.
D.
Access Spacing, Same Side of the Street.
The minimum access spacing for access points on the same side of the street is set out in Table 5.201, Access Spacing, Same Side of the Street.
Table 5.201 | |||||||
|---|---|---|---|---|---|---|---|
Access Spacing, Same Side of the Street | |||||||
Street Classification | Local | Collector | Primary or Minor Arterial | ||||
Posted Speed Limit | any | any | <= 30 | <= 35 | <= 40 | <= 45 | <= 50 |
Access Serves Residential Land Use | 20' | 40' | 200' | 250' | 300' | 360' | 425' |
Access Serves Nonresidential or Mixed-Use Land Use | 40' | 200' | 200' | 250' | 300' | 360' | 425' |
Access Serves Industrial Land Use | 60' | 200' | 200' | 250' | 300' | 360' | 425' |
(Ordinance 2015-30 adopted 10/30/15)
§ 5.301 General Outdoor Lighting Requirements.
A.
Generally.
The maximum permitted illumination and the maximum permitted luminaire height shall conform to the standards of this Section.
B.
Fixture Type.
1.
Generally, light fixtures shall be “cut-off” fixtures that limit lighting that is visible or measurable at the property line.
C.
Cut-off Requirements.
1.
Except as otherwise allowed for in this Division, all lighting (including, but not limited to street, parking lot, security, walkway, and building) shall conform with the Illuminating Engineering Society of North America (“IES”) criteria for full cut-off fixtures, which is 100 percent of light output below 90 degrees, and 90 percent of light output below 80 degrees from a vertical line through the fixture.
2.
Lighting fixtures that illuminate landscape plantings, pedestrian walkways, signage, or product display areas shall also conform to the full cut-off fixture requirement.
3.
All lighting fixtures that are mounted within 15 feet of a residential property line or public right-of-way boundary shall be classified as IES Type III or Type F (asymmetric forward throw). These fixtures shall be fitted with a “house side shielding” reflector on the side facing the residential property line or public right-of-way.
4.
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 will not extend beyond the illuminated object.
5.
For upward-directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the primary building roofline.
D.
Maximum Freestanding Fixture Height.
No freestanding light fixture shall be greater than 25 feet in height.
E.
Maximum Illumination.
1.
Outdoor lighting shall be deflected, shaded, and focused away from abutting properties and shall not be a nuisance to such abutting properties.
2.
Outdoor lighting shall be designed so that any overspill of lighting onto abutting properties shall not exceed three-tenths footcandle, measured vertically, and three-tenths footcandle, measured horizontally, on abutting properties.
3.
The ground-level luminance ratio (the ratio between the luminance of the brightest point on the property and the darkest point on the property) shall not exceed 12 to one.
4.
If additional light is necessary, it shall be provided within an enclosed structure.
F.
Canopy Lighting.
Canopy lighting for uses that have sheltered outside work or service areas, such as vehicle gas and fueling stations, shall meet the standards of this Section. All luminaires shall be recessed into the canopy so that they cannot be viewed off-site from an eye height of four feet (to protect automobile drivers from glare).
G.
Outside Wall-Mounted Lighting.
Outside wall-mounted lighting shall also comply with the standards of this Section, except that lighting that is required by the Federal Aviation Administration (“FAA”) shall comply with federal standards.
H.
Prohibited Lighting.
1.
Generally.
No outdoor lighting may be used in any manner that is likely to interfere with the safe movement of motor vehicles on public thoroughfares.
2.
Prohibitions.
The following are prohibited:
a.
Any fixed light not designed for roadway illumination that produces incident or reflected light that could impair the operator of a motor vehicle;
b.
The installation, use, or maintenance of beacons or searchlights;
c.
Lights that are mounted on the ground or poles for the purpose of illuminating a building facade, except in the C-1, C-2, and PR districts where not visible from other districts or public rights-of-way; and
d.
Exposed strip lighting or neon tubing used to illuminate building facades or outline buildings or windows or flickering or flashing lights installed in like fashion, except for temporary decorative seasonal lighting.
(Ordinance 2015-30 adopted 10/30/15)
§ 5.302 Outdoor Recreation and Commercial Amusement Lighting Requirements.
B.
Limited Use Standards, General.
Except for the recreational uses set out in subsection C., below, lighting may be approved by limited use approval if all of the following are demonstrated:
D.
Limited Use Standards, Recreation Fields.
Ball diamonds, playing fields, driving ranges, tennis courts, and similar amusement or recreation uses have unique requirements for nighttime visibility and, generally, have limited hours of operation. These uses may meet the following limited use standards for approval of lighting:
1.
The site plan meets all other UDC requirements and, to the maximum extent possible, lighting is located to avoid shining at residential uses.
2.
Luminaires are no more than 80 feet above grade.
3.
The light sources are full cut-off fixtures. The luminaire may have a cut-off angle that extends beyond the property boundaries if:
a.
A landscaped bufferyard is provided to prevent light and glare spillover to abutting residential property. The Building Official may require more opaque bufferyards than those in Division 7.300, Bufferyard Landscaping, to achieve this objective.
b.
The maximum permitted illumination does not exceed one footcandle at the residential property line or the street curb, whichever is less.
4.
If the development is within 300 feet of a residential district, the lights are turned off by 10:00 PM.
(Ordinance 2015-30 adopted 10/30/15)
§ 6.101 Use of Designated Open Space.
A.
Generally.
This Section lists the uses that are permitted in the designated open spaces that are required elsewhere in this UDC. If the use is located within a floodplain or floodway, then the standards of Section 6.102, Use of Special Flood Hazard Area (SFHA), Flood Fringe and Floodways, also applies. These standards do not apply to open spaces that are owned by public entities, including the City of Cuero.
B.
Permitted Uses and Functions.
Open spaces may be put to the following uses or functions, subject to any applicable standards of this Division, and other applicable sections of this UDC.
1.
Agricultural Uses.
Where agricultural and outdoor nursery/greenhouse, wholesale uses are allowed by Section 2.105, Agricultural, Industrial, Transportation, Utility, and Communication Uses, the area of land put to agricultural and outdoor nursery/greenhouse, wholesale uses is counted as open space. In other districts, noncommercial production of crops (e.g., orchards or garden plots that are an amenity to development) is allowed in designated open space areas.
3.
4.
Recreation Uses.
a.
Ball fields, golf courses, nature areas, picnic areas, and play courts are allowed in designated open space areas, provided that the provided that [sic] associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 15 percent of the designated open space area and no structures are allowed within the floodplain.
b.
Nature centers are allowed in designated open space areas, provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 20 percent of the designated open space area.
c.
Pools are allowed in designated open space areas, provided that if a pool house is present, it is less than 1,500 square feet in floor area.
d.
Trails and associated structures necessary for trail crossings are allowed in designated open space areas, including the floodplain.
e.
Passive recreation uses.
(Ordinance 2015-30 adopted 10/30/15)
§ 6.102 Use of Special Flood Hazard Area (SFHA), Flood Fringe, and Floodways.
A.
Generally.
1.
This Section sets out the permitted uses and restrictions of land that is within the special flood hazard area (SFHA), flood fringe or floodway, and performance standards for the construction and operation of the uses. If the land within the SFHA, flood fringe or floodway is also designated open space, then the standards of Section 6.101, Use of Designated Open Space, also apply.
2.
Floodplain must be preserved for the primary function of conveying unobstructed floodwaters. Land within the floodplain may be used for other purposes so long as the primary conveyance and storage function of the floodplain is preserved, the use is not a detriment to water quality, and the use is consistent with the UDC.
B.
Permitted Uses of SFHAs.
The City has determined that the following uses and improvements may be considered within a SFHA if it is determined that the proposed use or improvement is in conformance with the floodplain management regulations and floodplain management goals. It must be demonstrated that none of the conditions in subsection D., below, will occur as a result of the proposed use or improvement.
1.
Agricultural Uses.
The following agricultural uses are allowed in the SFHA:
2.
Recreation Uses.
The following recreation uses are allowed in the SFHA:
a.
Nature areas, picnic areas, and trails.
b.
Ball fields.
c.
Golf courses, provided that:
i.
The applicant provides a management plan that demonstrates that downstream water quality will not be adversely affected by fertilizers and pesticides associated with the use;
ii.
Tees and greens are elevated above base flood elevation, and no fill is used to raise tees or greens, except in areas where the fill causes no rise in the floodway; and
d.
Play courts/playground equipment.
e.
Recreational camps.
f.
Trails and paths open to the general public.
3.
Public Facilities.
The following public facilities are allowed in the floodplain.
a.
Structures for watershed protection and similar uses.
b.
Detention and water quality facilities associated with approved master drainage plans.
c.
Local streets which perpendicularly cross the floodplain to provide access; provided that alternative access outside of the SFHA is also available.
d.
Underground public utilities as long as adequate cover exists to protect the utilities.
e.
Parking for active park and public facilities.
C.
Nonpermitted Uses of the SFHA.
1.
Use Factors.
In general any use that has potential for the following to occur is prohibited in the SFHA:
a.
Obstruction of the floodwater flow so that the SFHA is altered in elevation in excess of the allowable criteria (unless approved through a floodplain modification study).
b.
Reduction in the carrying capacity of the channel (unless approved through a floodplain modification study).
c.
Potential for material, equipment, or facilities to become dislodged or displaced and to be deposited downstream causing culvert or bridge blockage, channel degradation, or damages to other properties.
d.
Potential for negatively impacting water quality.
2.
Prohibited Uses.
The City has determined that the following uses are prohibited within the SFHA:
a.
All structures including residential, nonresidential, mixed-use, recreational or temporary.
b.
Substantial improvement to existing structure(s).
c.
Additions to or placement of manufactured homes.
d.
Fencing, including solid or perforated wood, split rail, chain link, stone, brick and/or other materials.
e.
Landscaping walls or structural walls that extend or flatten land and that encroach into the floodway or flood fringe.
f.
Permanent toilet facilities.
g.
Structures, ponds, or appurtenances related to water and wastewater treatment facilities.
h.
Parking lots not associated with an approved SFHA use.
i.
Detention or water quality ponds not part of a regional or approved drainage master plan.
3.
Storage of Materials.
a.
Storage of hazardous or floatable materials in the SFHA, flood fringe and floodway is prohibited. These materials represent a significant potential public health, environmental or safety risk. Floatable materials can also become lodged in culverts, bridges and channels resulting in increased damages resulting from increased flood depths or diversion of floodwaters.
b.
Temporary storage of construction-related vehicles and materials may be permitted, depending upon location and type of material storage, as long as the material can be relocated in accordance with an emergency action plan that has been approved by the Floodplain Administrator.
D.
Performance Standards for Use of SFHAs, Flood Fringe, and Floodways.
1.
No SFHA use shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.
2.
No structure (temporary or permanent), fill, (including fill for roads and levees), deposits, obstruction, storage of materials, or other SFHA uses which, acting alone or in combination with existing or future SFHA uses, shall be permitted that adversely affect the efficiency or the capacity of the floodway, or which increases flood heights or adversely affects the storage capacity of the SFHA based on the assumption of an equal degree of encroachment extending for a significant reach on both sides of the stream.
3.
Impervious surfaces in the SFHA shall be minimized. Proposed impervious surfaces in the floodplain are subject to approval by the City Engineer with respect to generated stormwater runoff.
4.
All uses of the SFHA shall comply with applicable floodplain management regulations contained in Division 6.200, Floodplain Management and Flood Damage Prevention.
5.
No fill is allowed within the flood fringe.
E.
Uses Not Listed.
Uses not specifically listed above may be permitted if, in the opinion of the Building Official, they are similar in character to permitted uses in this Section, and are in conformance with the intent of this Section and other applicable sections of this Article. Uses not specifically prohibited in this Section should not be construed as allowed by exclusion. However, since floodplains are subject to periodic inundation and are therefore unsuitable for human habitation, no new structure in the SFHA shall be used for human habitation.
(Ordinance 2015-30 adopted 10/30/15)
§ 6.201 Authority, Findings of Fact, Purpose, Interpretation, and Methods.
A.
Authority.
Section 16.315, Tex. Water Code (the Flood Control Insurance Act) delegates the responsibility to local governmental units to adopt regulations that are designed to minimize flood losses. The City Council adopts this Division pursuant to this grant of authority. The regulations of this Division are intended to set out requirements that are not less stringent than those which are required for participation in the National Flood Insurance Program.
B.
Findings of Fact.
The City Council finds that:
1.
The flood hazard areas of the City are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2.
These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
C.
Purpose.
It is the purpose of this Division to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sanitary sewer lines; streets and bridges located in floodplains;
6.
Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and
7.
Ensure that potential buyers are notified that property is in a flood area.
D.
Interpretation.
In the interpretation and application of the floodplain management regulations, all provisions shall be:
E.
Methods.
In order to accomplish its purposes, this Division sets out regulations that:
1.
Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
2.
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3.
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
4.
Control filling, grading, dredging and other development which may increase flood damage; and
5.
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 2015-30 adopted 10/30/15)
§ 6.202 General Provisions.
A.
Applicability.
This Division applies to all areas of special flood hazard within the jurisdiction of the City.
B.
Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for the DeWitt County, Texas and Incorporated Areas (City of Cuero, Community ID #480196), dated January 6, 2011,” with accompanying Flood Insurance Rate Maps and/or Flood Boundary - Floodway Maps (FIRM and/or FBFM) dated January 6, 2011, and any revisions thereto are hereby adopted by reference and declared to be a part of this Division.
C.
Establishment of a Floodplain Development Permit.
A floodplain development permit shall be required to ensure conformance with the provisions of this Division.
D.
Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Division and other applicable regulations.
E.
Abrogation and Greater Restrictions.
This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, conditions, or restrictions (CCRs). However, where this Division and another ordinance, easement, covenant, condition, or restriction (e.g., a deed restriction) conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F.
Warning and Disclaimer of Liability.
The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Division does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Division shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this Division or any administrative decision lawfully made hereunder.
(Ordinance 2015-30 adopted 10/30/15)
§ 6.203 Standards for Flood Hazard Reduction.
A.
Generally.
This Section sets out the general and specific standards for flood hazard reduction.
B.
General Standards for Flood Hazard Reduction.
1.
Generally.
The requirements of this subsection apply to all new construction and substantial improvements in areas of special flood hazard.
2.
Resistance to Hydrodynamic and Hydrostatic Loads.
All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
3.
Construction to Minimize Flood Damage.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
4.
Flood Damage Resistant Materials.
All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
5.
Protection of Building Service Facilities.
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
6.
Protection of Water Supply Systems.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
7.
Protection of Sanitary Sewer Systems.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.
8.
Location of On-Site Waste Disposal Systems.
On-lot sanitary sewage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
9.
Limitations on Fill.
a.
No fill shall be placed within a special flood hazard area unless the effect of the fill on water storage and water quality is fully mitigated in one or more of the following ways:
i.
Excavation of a volume of soil comparable to the volume that was filled to bring the surface of the land to the base flood elevation. However, excavation is prohibited at depths that would be likely to:
ii.
A stormwater management system is installed or improved in a location and manner that compensates for the removal of the filled area from the floodplain; or
iii.
If the compensatory storage is provided in the floodplain, the combination of filling, compensatory storage, and detention is intended to lower the flood elevation by increasing channel capacity.
b.
If fill is placed, the applicant shall provide a Hydraulics and Hydrology (H&H) study, which shall verify full mitigation, or, alternatively, support [supply] a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA).
C.
Specific Standards for Flood Hazard Reduction.
1.
Generally.
The requirements of this subsection apply to all areas of special flood hazards where base flood elevation data has been provided as set forth in:
2.
Residential Construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), duct work, exposed plumbing, and electrical components elevated at least one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied (see Section 14.303D., Floodplain Development Permit).
3.
Nonresidential Construction.
a.
New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either:
i.
Have the lowest floor (including basement) elevated at least one foot above the base flood elevation; or
ii.
Together with attendant utility and sanitary facilities, be designed so that below an elevation that is two feet above the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. This option is only allowed if the Floodplain Administrator finds that the criteria for a floodplain variance that are set out in Section 14.303E., Floodplain Development Variance, are met.
b.
A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection.
c.
A record of such certification which includes, if applicable, the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
4.
Enclosures.
New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b.
The bottom of all openings shall be no higher than one foot above grade; and
c.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
5.
Manufactured Homes.
a.
Manufactured Homes in Zone A.
All manufactured homes to be placed within special flood hazard area Zone A shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
b.
Manufactured Homes in Zones A1-30, AH, and AE.
All manufactured homes that are placed or substantially improved within special flood hazard area Zones A1-30, AH, and AE, on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, shall be:
c.
Manufactured Homes in Zones A1-30, AH, and AE (Existing Manufactured Home Parks and Subdivisions).
All manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE that are not subject to the provisions of subsection C.5.b., of this subsection be elevated so that either:
6.
Recreational Vehicles.
a.
Recreational vehicles that are placed on sites within Zones A1-30, AH, and AE shall:
i.
Be on the site for fewer than 180 consecutive days; or
ii.
Be fully licensed and ready for highway use, or
iii.
Meet the permit requirements of Section 14.303D., Floodplain Development Permit, and the elevation and anchoring requirements for “manufactured homes” in subsection C.5., of this subsection.
b.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
D.
Standards for Subdivision Proposals.
1.
Generally.
All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall be designed in light of the findings of fact contained in Section 6.201B., Findings of Fact, and in a manner that is consistent with Section 6.201C., Purpose, and Section 6.201E., Methods.
2.
Permit Requirements.
All proposals for the development of subdivisions (including the placement of manufactured home parks and subdivisions) shall meet Floodplain Development Permit requirements of Section 14.303D., Floodplain Development Permit, and Division 6.200, Floodplain Management and Flood Damage Prevention.
3.
Generation of Base Flood Elevation Data.
Base flood elevation data shall be generated for subdivision proposals and other proposed development (including the placement of manufactured home parks and subdivisions) which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, and Section 13.202B.5.a., Floodplain Information and Determination.
4.
Adequate Drainage Required.
All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall have adequate drainage to reduce exposure to flood hazards.
5.
Arrangement of Development.
The standards of Part 2, Density, Intensity, Bulk and Scale, allow for the use of varied lot sizes and/or housing types in order to achieve the permitted density and protect the required amount of open space. In the application of these standards, parcels proposed for development shall be located outside of special flood hazard areas if possible.
6.
Modification of Open Space Ratio.
Not less than 30 percent of the special flood hazard area of a parcel proposed for development shall be protected as common open space. This area is counted towards the open space ratio required by Section 3.101, Development Standards for New Residential Neighborhoods, then the larger open space ratio applies.
7.
Elevated Primary Access Required.
The primary access to the subdivision (the access that connects to the highest order street or that provides the most direct route to the largest number of lots in the subdivision, as determined by the City Engineer) shall be elevated to or above the base flood elevation to allow for access by emergency vehicles.
8.
Location of Public Utilities and Facilities.
All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall have public utilities and facilities such as sewer, gas, electrical and water distribution systems located and constructed to minimize or eliminate flood damage.
E.
Standards for Areas of Shallow Flooding (AO/AH Zones).
1.
Generally.
Located within the areas of special flood hazard established in Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, are areas designated as areas of shallow flooding. These areas have special flood hazards associated with flood depths of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the provisions of this subsection shall apply.
2.
Elevation of New Construction and Substantial Improvements (Residential).
All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated to the highest of the following:
3.
Elevation of New Construction and Substantial Improvements (Nonresidential).
a.
All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated to the highest of the following:
b.
In the alternative to elevating the building, the building may be floodproofed such that, together with attendant utility and sanitary facilities, it is designed so that below an elevation that is one foot above the depth number specified for the AO Zone, or below an elevation that is one foot above the base flood elevation in an AH Zone, the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. This option is allowed only if the Floodplain Administrator finds that the criteria for a floodplain variance that are set out in subsection 14.303E., Floodplain Development Variance, are met.
4.
Certification Required.
A registered professional engineer, architect (for floodproofing options only), or registered professional land surveyor (for building elevation options only) shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied. See Section 14.303D., Floodplain Development Permit.
5.
Drainage Paths.
Within Zones AH and AO, adequate drainage paths around structures shall be provided on slopes, to guide floodwaters around and away from proposed structures.
F.
Floodways.
1.
Generally.
Located within areas of special flood hazard established in Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the provisions of this subsection shall apply:
2.
Encroachments Prohibited.
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3.
Permitted Exceptions.
a.
If subsection F., of this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 6.202, General Provisions, and this Section; and
b.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
(Ordinance 2015-30 adopted 10/30/15)
§ 6.301 General Environmental Standards.
A.
Generally.
All uses and activities permitted by this UDC within the City shall conform to the performance measures and standards of this Section, using adequate and appropriate prevention and/or mitigation techniques as necessary.
B.
Noise.
No use shall be permitted that causes serious annoyance to occupants of abutting properties due to excessive noise.
C.
Vibration.
No use shall be permitted which produces ground vibrations noticeable without instruments at the lot line of the premises on which the use is located.
D.
Smoke Emissions.
All uses shall comply with local, state and federal regulations pertaining to the emission of smoke.
E.
Odors.
No use shall be permitted to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located, subject to applicable state air quality regulations.
F.
Dust and Debris.
Uses shall be maintained in an orderly condition and conducted in a manner that avoids the spread of dust, debris, and litter to other properties and public rights-of-way. Hazardous materials, refuse, or items that can be carried away by wind or water shall be secured in buildings, structures, or other such enclosure.
G.
Toxic or Noxious Matter.
No use shall for any period of time discharge across boundaries of a lot line on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to persons, property, or the use of property or land, or render unclean the waters of the state to the extent of being harmful or inimical to public health, animal or aquatic life, or the use of such waters for domestic water supply, recreation, or other legitimate and necessary uses. Disposal of toxic or hazardous waste within the City is specifically prohibited.
H.
Nuclear Radiation.
Any operation involving radiation (i.e., the use of gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other atomic or nuclear particles), shall be permitted only in accordance with state and federal laws, rules, and regulations, or any other applicable regulation.
I.
Electromagnetic Radiation and Interference.
No person shall operate or cause to be operated for any purpose a planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception.
J.
Heat or Glare.
Any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line. Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded to avoid creating a nuisance across lot lines. The light intensity from illumination of any kind shall not exceed fifty footlamberts at any point along the line of the lot containing the light source.
K.
Pedestrian and Environmental Safety.
1.
All nonresidential, mixed-use, or multi-family construction sites shall be enclosed with a barrier fence approved by the Building Official.
2.
Any type of excavation shall be enclosed by a silt fence, hay bales, or other proven practice of runoff mitigation measures, and/or a barrier fence approved by the Building Official until covered or enclosed by a permanent fence.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.101 General Requirements.
A.
Generally.
Requirements for the removal and/or planting of all landscape material is set out in this Article. The minimum open space ratio (OSR) from Table 3.101A, Standard and Alternative Residential Development Standards, and Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts, or the minimum landscape surface ratio (LSR) from Table 3.301A, Nonresidential and Mixed-Use Development Standards, is combined with this Article, in addition to other applicable requirements of this UDC, to determine the type, quality, quantity, and location of required landscape material on a parcel proposed for development.
B.
Purpose and Intent.
The purpose of this Article is to establish landscaping standards that protect and preserve the appearance and character of the City, improve the compatibility of abutting uses, protect the health and quality of life of the residents through the preservation of protected trees on property within the City, and conserve scarce water resources by promoting the planting of native and drought-resistant trees and shrubs. In establishing these standards, it is the City Council’s intent to encourage the preservation of trees and their value to the community, increase the compatibility of abutting uses, and to minimize the effects on the surrounding environment due to noise, dust, debris, artificial light intrusions, and other impacts of an adjoining or nearby use.
C.
Applicability of Standards.
This Article applies to all new development, redevelopment, and substantial improvements in the City, and where specifically indicated, to existing trees and landscaping. The application of this Article may be limited by Article 12, Nonconformities.
D.
Exceptions.
The following are exceptions to the standards of this Article:
1.
Individual existing lots of record that are used for existing single-family detached or attached dwellings, or duplexes, unless required by this Article (see Section 7.103, Land Clearing and Existing Trees) or are redeveloped or substantially improved as set out in Division 3.200, Established Neighborhoods.
2.
Modifications to nonresidential buildings where the building expansion or redevelopment does not exceed the gross floor area of the existing building by more than 10 percent or 3,000 square feet, whichever is less.
3.
Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping in compliance within this Article would be impractical or unreasonable, in which case the Building Official may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided.
E.
Approved, Allowed, and Prohibited Plants.
1.
Approved Landscape Plants.
Only approved landscape plants count towards the landscape requirements of this Article. A list of such plants is set out in Appendix A, Plant Lists.
2.
Allowed Landscape Plants.
Plants that are not listed on the approved plant list are allowed, but they are not counted towards compliance with this Article. Applicants who wish to count such plants are advised to seek an amendment to the approved plant list to include them. See Section 7.104, Selection of Landscape Material.
F.
Planting Locations.
In addition to the other requirements of this Article, the following rules apply to the installation of plants.
1.
Distance from Utilities.
a.
No street trees or large trees shall be planted under or within 10 lateral feet of any overhead utility lines.
b.
No trees, except street tree species that are approved by the City, shall be planted over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility line, or as required by the owner of the utility or the requirements of the specific easement.
2.
Sight Distance Triangles.
Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree would have to be materially compromised in order to maintain sight distance triangles. See Section 8.102E., Sight Distance Triangle Requirements.
G.
Completion of Landscape Improvements.
1.
Bufferyard and Street Trees.
Bufferyard and street tree landscaping must be completed prior to a certificate of occupancy being issued. If this requirement would result in the installation of landscaping during an inappropriate season, then the City may:
a.
Allow the site plan to be recorded upon condition that security is provided for the installation of the required landscaping during planting season; or
b.
Issue a temporary certificate of occupancy, on the condition that a permanent certificate of occupancy will not be issued unless the required landscaping is installed.
2.
All Other Landscaping.
All other landscaping must be installed before issuance of a permanent certificate of occupancy. A temporary certificate of occupancy may be issued if necessary to allow for the planting of landscaping improvements during an appropriate season or weather condition.
H.
Irrigation Systems.
A water-efficient irrigation system is required for all new landscape plantings (including street trees) for nonresidential, mixed-use, and multi-family lots that require continued or periodic watering to be sustained.
I.
Maintenance.
1.
For a period of one year from the issuance of a certificate of occupancy, maintenance of the landscape areas and plantings required by this Article shall be maintained and all plant materials that die shall be replaced by the owner/operator.
2.
The City may inspect each site periodically after issuance of the certificate of occupancy to ensure compliance with the Article.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.102 Landscape Plan Approval.
A.
Generally.
Compliance with the standards of this Article shall be demonstrated by schematic landscape and irrigation plan.
B.
Contents of Schematic Landscape Plan.
The landscape plan shall include the elements that are set out in this Section. The Building Official may waive elements of the landscape plan if the Building Official finds that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The Building Official is authorized to require additional information on the landscape plan as needed to administer the requirements of this UDC. The schematic landscape plan shall include all of the following information:
1.
Plan Drawing.
A plan view, drawn to scale, that shows:
a.
The location and species of each plant, showing the anticipated canopy or spread of the plant five years after installation;
b.
The general layout of irrigation systems;
c.
The location of existing landscaping for which credit is requested, including the diameter at breast height measurements of large trees; and
d.
The location of property lines; building footprints, utility easements, and power lines.
2.
Tabular Information.
Tabular information that shows, for each landscape area required by this Article:
a.
The surface area available for planting;
b.
The number of large trees, evergreen trees (note: evergreen trees are denoted in “remarks” in the tables of Appendix A, Plant Lists), small trees, and shrubs, perennials, or ornamental grasses that are required in each area; and
c.
The number of, and species of, large trees, evergreen trees, small trees, and shrubs, perennials, or ornamental grasses that are provided in each area (if any conversions from one classification of plant to another are applied, the conversions shall also be shown); and
d.
Any credits that are requested for preserving existing trees or shrubs pursuant to Section 7.103D., Credit for Preservation of Trees.
C.
Approval and Timing of Approval.
1.
Plans meeting the standards of this UDC shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
2.
Landscape plans containing street trees, open spaces, and residential bufferyards shall be submitted for approval at the preliminary plat application stage.
3.
Landscape plans containing development landscaping; nonresidential, mixed-use, or multi-family bufferyards; shall be submitted for approval during the site plan review process, which is prior to the building permit stage.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.103 Land Clearing and Existing Trees.
A.
Purpose.
Existing trees, because of the beneficial qualities and natural beauty they add to the community, shall be retained to the maximum extent practicable in any development or for any redevelopment or substantial improvement of an existing property.
B.
Preservation of Protected Trees.
Development shall be designed to the maximum extent practicable so that existing protected trees (including historic street trees) are preserved and located in designated open spaces or landscape surface areas.
1.
Tree Preservation.
Site plans and plats shall be designed to preserve existing trees and vegetation to the greatest extent possible and shall seek to incorporate existing stands of trees as well as individual trees. Sensitivity to site grading, storm drainage, building location and orientation and parking lot configuration shall be demonstrated by the developer to ensure tree and vegetation preservation. The intent of these regulations is to recognize the need to alter the landscape during site development activities, while setting out standards necessary to ensure tree preservation to the greatest extent possible.
2.
Trees Preserved - Plat or Plan Review Determination.
The developer shall prepare and present a tree preservation concept plan and statement at the pre-application conference with the Department or with application for a plat or site plan review. The concept plan shall clearly indicate the general location and massing of woodland areas, areas with dense shrubbery, and isolated individual protected trees and designate which areas or trees are to be preserved and which are to be removed. The Building Official or Planning and Zoning commission shall have the authority to review and evaluate the above and advise the applicant to proceed forward or seek alternative site design to improve preservation of existing trees.
C.
Limitations on Clear Cutting.
Sites that include more than three protected trees per acre shall not allow land disturbing activity in preparation of development that results in a clear cut of existing vegetation. Instead, protected trees shall be removed only if:
2.
They are unhealthy or structurally unsound;
3.
They are within 10 feet of an approved building footprint;
4.
They are within five feet of the paved area of an approved street or parking lot;
5.
They are within eight feet [of] an approved outdoor recreation area that by its nature requires the removal of the trees (e.g., ballfields);
6.
They are within an approved stormwater retention/detention area and are not adapted to such conditions; or
7.
They are within six feet of a utility easement and would interfere with the use of the easement as determined by the City Engineer.
D.
Credit for Preservation of Trees.
It is the policy of the City to promote the preservation of its healthy mature tree canopy. Healthy, mature trees that are preserved on-site shall count as more than one tree for the purposes of landscaping requirements, as set out in Table 7.103, Credit for Preservation of Trees.
Table 7.103 | |||
|---|---|---|---|
Credit for Preservation of Trees | |||
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit) | Credit for Preserved Tree | ||
Diameter at Breast Height | Tree Height | Years Established | |
At least 3.5 inches, but less than 5 inches | At least 10 ft., but less than 15 ft. | Any | 1 large tree |
At least 5 inches, but less than 9 inches | At least 15 ft., but less than 24 ft. | 5 | 2 large trees |
At least 9 inches, but less than 12 inches | At least 24 ft., but less than 32 ft. | 10 | 3 large trees |
At least 12 inches, but less than 16 inches | At least 32 ft., but less than 40 ft. | 15 | 4 large trees |
16 inches or more | 40 ft. or more | 20 years or more | 5 large trees |
(Ordinance 2015-30 adopted 10/30/15)
§ 7.104 Selection of Landscape Material.
A.
Generally.
Plant material that is used to demonstrate compliance with this Article shall be selected as provided in this Section.
B.
Approved Plant List.
A list of approved plants is set out in Appendix A, Plant Lists. The list separates plants into “large trees,” “small trees,” “evergreen trees,” and “shrubs,” and classifies each according to whether or not the species counts towards the Xeric planting requirements. The Tree Board (see Section 13.104, Tree Board) is the delegated the authority to modify the approved plant list. At least 75 percent of each category of plants (i.e., large trees, small trees, evergreen trees, and shrubs) that are used to meet the landscaping requirements of this Article shall be listed as Xeric in Appendix A, Plant Lists.
C.
Minimum Size of Plants at Installation.
Plant material that is installed to comply with the requirements of this Article shall be of the following minimum sizes at installation as set out in Table 7.104, Minimum Size of Plants at Installation.
Table 7.104 | |
|---|---|
Minimum Size of Plants at Installation | |
Type of Plant Material | Minimum Size at Installation |
Large Tree | 3 inch caliper |
Small Tree | 2.5 inch caliper |
Evergreen Tree | 6 feet in height |
Palm Tree | 10 feet clear trunk height |
Shrub | 5 gallon container |
D.
Substitution of Large Trees.
No more than 40 percent of the required trees to comply with this Article may be palm trees.
E.
Quality of New Plantings.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.201 Street Trees.
A.
Generally.
Street trees are those trees which are planted at regular intervals in the street right-of-way and shall be planted according to the standards of subsection B., below, in the following circumstances:
1.
Along both sides of all streets (except alleys) in the C-2 and R-2 districts (except where the street is an existing street without room for the installation of street trees);
2.
Along both sides of new streets in other districts where there is sufficient right-of-way width to accommodate the street tree lawn; and
3.
Along existing rights-of-way where a street tree lawn is present and the entity responsible for the right-of-way authorizes the improvement.
B.
Street Tree Requirements.
Street trees shall be provided in street tree lawns or street tree grates in sidewalks as follows (see Figure 7.201, Street Trees; Street Tree Lawns and Street Tree Grates):
1.
Along new public streets or private street easements that are created on a parcel proposed for development;
2.
In medians (including cul-de-sacs) that are created on a parcel proposed for development (see Figure 7.201, Street Trees; Street Trees in Cul-de-sacs);
3.
In medians that are constructed near a parcel proposed for development in order to manage the traffic impacts of the development, provided that the medians:
a.
Are of sufficient width to accommodate the root system;
b.
Are maintained by the property owners’ association of the development that provides the median; and
c.
The installation of street trees in the median would not be detrimental to public safety.
Figure 7.201 Street Trees |
Street Tree Lawns  |
Street Tree Grates  |
Street Trees in Cul-de-sacs  |
C.
Required Spacing.
1.
Generally.
Street trees shall be spaced 60 feet on center in street tree lawns or street tree grates, but shall not be installed in locations that interfere with required sight triangles (see Section 8.102E., Sight Distance Triangle Requirements). Special plantings may be clustered if it is demonstrated that the cluster arrangement will not negatively affect the long-term health of the clustered trees.
2.
Wide street tree lawns and medians.
a.
If a median or street tree lawn is greater than 20 feet in width, then large trees shall be installed in two rows, with trees staggered, each row spaced 60 feet on-center.
b.
If a median is 11 feet or more in width, up to 20 feet in width, then it shall be planted with large trees, spaced a distance equal to the diameter of the tree canopy at maturity, less than 10 percent.
D.
Types and Species of Street Trees.
1.
Type.
To maintain a consistent appearance along individual street segments, all trees planted shall be large trees with single-stemmed trunks, branched no lower than six feet above median grade (for visibility purposes), and shall be suitable for installation in the space within the street tree lawn or within a street tree grate.
E.
Substitution of Large Trees.
Small trees may be substituted for large trees in locations where building setbacks or build-to lines would create conflicts between buildings and large trees, or where overhead utilities require trees with a mature height that is less than the elevation of the power lines. However, if such substitutions are made, then:
F.
Maintenance.
Street trees required by this UDC shall be maintained by a developer, lot owner/operator, tenant, property owners’ association or other entity having a legal interest in the ownership of the subdivision or lots in the subdivision.
H.
Timing of installation.
Street trees shall be installed prior to the acceptance of subdivision improvements, or if the development is not a subdivision, then prior to the issuance of the first certificate of occupancy.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.202 Residential Landscaping.
A.
Generally.
Residential lot landscaping and open space landscaping are required on parcels proposed for development as follows:
1.
Residential Lot Landscaping.
Residential lot landscape areas are required on lots (see subsection B., below) within new residential subdivisions and when new houses are constructed on infill lots within the NC and NT districts.
2.
Minimum OSR Requirements.
All landscape area plantings on a lot may be used to meet the open space ratio (OSR) requirements as set out in Table 3.101A., Standard and Alternative Residential Development Standards, or Table 3.101B., Residential Development Standards in Nonresidential and Mixed-Use Districts. Required street tree plantings may not be used to satisfy the minimum OSR requirements, as they are planted in the right-of-way, and not on individual lots.
B.
Residential Lot Landscaping.
1.
Generally.
Single-family detached and single-family attached residential lots shall be surrounded by yard areas.
2.
Required Plantings and Location.
Required plants shall be installed as specified below. Any plants in excess of the minimum required plants may be installed in any location on the lot provided there is adequate room for healthy growth and stability.
3.
Substitution of Large Trees.
Small trees may be substituted for large trees if the dimensions of the lot are such that the large trees would not have room to grow to a full canopy without conflicting with buildings or each other. For the purposes of this substitution, one large tree equals two small trees.
4.
Ground Covers and Sod.
Front yard areas of residential lots that are not covered by buildings, driveways, swimming pools, or other hard surfaces shall be sodded or planted with permitted ground covers as set out in Appendix A, Plant Lists, unless they are covered by woodlands, crops, or feedstock.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.203 Nonresidential, Mixed-Use, and Multi-Family Landscaping.
A.
Generally.
Parking lot landscape areas are required on parcels proposed for development as follows:
1.
Minimum Landscape Surface Ratio (LSR) Requirements.
All landscape area plantings on a lot (including parking lot landscaping and bufferyards) may be used to meet the minimum landscape surface ratio (LSR) requirements as set out in Table 3.301A., Nonresidential and Mixed-Use Development Standards (for nonresidential and mixed-uses), and open space ratio (OSR) requirements as set out in Table 3.101B., Residential Development Standards in Nonresidential and Mixed-Use Districts (for multi-family uses). Required street tree plantings may not be used to satisfy the minimum LSR or OSR requirements, as they are planted in the right-of-way, and not on individual lots.
2.
Planting Numbers and Locations, Generally.
The minimum number and type of site and parking lot landscape area plants required are set out in this Section. Minimum plant requirements may only be planted in the area specified in the requirement. For example, if a specified number of trees are required per parking lot island, as required by subsection C. [B.], Parking Lot Landscaping, of this Section, then those required plantings may only be planted in areas delineated in Figure 7.203A, Nonresidential, Mixed-Use, and Multi-Family Landscape Areas, as “parking lot landscaping,” and may not be used to meet the minimum requirements for bufferyards, or street tree plantings. The minimum requirements for these landscape area plantings are set out in subsection C. [B.], Parking Lot Landscaping, of this Section (for parking lots), Section 7.201, Street Trees (for street trees), and Division 7.300, Bufferyard Landscaping (for required bufferyards).
Figure 7.203A Nonresidential, Mixed-Use, and Multi-Family Landscape Areas  |
B.
Parking Lot Landscaping.
1.
Generally.
Parking lot landscaping is required within and around nonresidential and multi-family parking lots that contain more than five parking spaces. This subsection does not apply to single-family detached or single-family attached uses.
2.
Parking Lot Planting Locations.
As illustrated in Figure 7.203B., Parking Lot Landscape Areas, or Figure 7.203D, Large Parking Row Reduced Interior Islands, as an alternate plan, parking lot landscape areas are required as follows:
a.
At the ends of parking rows, planted in endcap islands that are not less than nine feet wide and the length of the parking row (i.e., if there is single row of 90-degree parking spaces, the length is 18 feet; if there is a double row of 90-degree parking spaces, the length is 36 feet), with 10-foot curb radii on the side closest to the parking aisle.
b.
In the middle of parking rows at intervals required by subsection C.3. [B.3.], below, planted in interior islands that are not less than nine feet wide and the length of the parking space (i.e., if there is single row of 90-degree parking spaces, the length is 18 feet; if there is a double row of 90-degree parking spaces, the length is 36 feet), with five-foot curb radii on the side closest to the parking aisle.
c.
At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking rows.
d.
A three-foot landscape hedge along 25 percent of parking lot when it is adjacent to street right-of-way and access drives to multi-tenant shopping centers. See Figure 7.203C., Illustrative Composition of Parking Lot Landscape Hedge.
Figure 7.203B Parking Lot Landscape Areas  |
Figure 7.203C Illustrative Composition of Parking Lot Landscape Hedge  |
3.
Parking Lot Planting Requirements.
Parking lot landscape islands shall be provided at an interval of one island for each 10 parking spaces, or fraction thereof, planted as follows:
a.
Each interior and endcap island shall be planted with a minimum of:
i.
One large tree per parking row; and
ii.
Ground cover, which shall:
a.
Consist of xeric shrubs, ornamental grasses, or perennials that are planted at intervals of not less than three feet in a bed of mulch, and sod, which may only be used for a maximum of 25 percent of the ground cover area.
b.
Not include concrete, asphalt, or other impervious surfaces, with the exception of decorative pavers or stamped, dyed concrete which may be used only within the first foot of the parking island to allow persons to access their vehicle without stepping on landscaping.
c.
Each parking lot corner shall be planted with two large trees or five small trees and ground cover in conformance with subsection C.3.a.ii. [B.3.a.ii.], of this Section.
4.
Large Parking Row Planting Requirements.
a.
In parking lots where parking rows have equal to or exceed 30 parking spaces, the interior planting islands (planted at intervals of not less than one island for each 10 parking spaces) may be reduced to 16 square feet configured in a diamond pattern, with the center point of the diamond located at the point where two (for a single parking row) or four parking spaces meet (for double parking rows). See Figure 7.203D, Large Parking Row Reduced Interior Islands.
b.
In these reduced parking islands, one small tree shall be planted with the remaining area being filled in with mulch or other ground cover.
Figure 7.203D Large Parking Row Reduced Planting Island  |
5.
Substitution of Large Trees.
Small trees may only be substituted for large trees if the dimensions of the lot are such that the large trees would not have room to grow to a full canopy without conflicting with the building or overhead utilities. For the purposes of this substitution, one large tree equals two small trees.
6.
Protection of Planting Areas.
Planting areas shall be protected by wheel stops and six-inch curbs per the specifications of the City Engineer. Curbs may be punctuated to allow for stormwater flows into biological treatment areas, as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with their protective function (see subsection D., Use of Island for Low Impact Development, below).
7.
Purpose and Maintenance.
The primary purpose of planting trees in parking lots is to provide shade and reduce peak temperatures throughout the parking lot. Secondary purposes are to improve air quality, reduce maintenance costs for improved hard surfaces, support stormwater management, and improve overall appearance. To preserve the benefit of the primary purpose, trees shall not be pruned in a manner that attempts to restrict the overall growth of the canopy, except in instances where large trees would not have room to grow to a full canopy without conflicting with buildings or each other.
C.
[Reserved.]
D.
Use of Islands for Low Impact Development.
Wherever possible, landscape areas may be used for low impact development (LID) to satisfy stormwater management requirements. These landscape areas may have to exceed the minimum areas required by subsections B., and C., above, in order to meet ensure [sic] engineering best management practices (BMPs) requirements are met (see Section 8.302C., Low Impact Development (LID).
(Ordinance 2015-30 adopted 10/30/15)
§ 7.301 Bufferyards Classifications.
A.
Generally.
The district bufferyards that are required by this UDC are based on the amount of screening (i.e., opacity) they provide. Bufferyards are classified from less screening (Type A) to more screening (Type C).
B.
Purposes of Bufferyards.
Bufferyards are used to screen development from streets and abutting properties, to enhance the streetscape, to improve compatibility of abutting uses, and to protect natural resources from impacts of nearby development.
C.
Opacity and Width Standards.
1.
Opacity Standards.
The opacity of the bufferyard is a measure of the percentage of the view that is blocked by the bufferyard from grade to a height of 35 feet. Opacity relates to planting density, plant forms, bufferyard widths, and the presence of structures (e.g., fences and walls) or topography (e.g., natural slopes or constructed berms).
2.
Width Standards.
Comparable opacities can be achieved with bufferyards of different widths. However, in certain circumstances (e.g., where noise, dust, runoff, or other non-visual impacts are to be mitigated by the bufferyard), the width of the bufferyard may be as important or more important than its opacity. Where bufferyard widths are specified by limited or conditional use standards, Option 2, in subsection D., (with narrower widths) is not allowed unless a structure is specifically required as part of the limited or conditional use standards.
D.
Bufferyard Options.
There are two bufferyards options. Landscape only bufferyards are the preferred option and use a higher density of plant material to screen abutting properties. For properties more constrained by size, a second option provides a similar level of screening, but allows a berm or fence to be used in conjunction with a smaller width of landscape strip and lower density plant material. Each option identifies the width of the buffer and the numbers and types of plants required per 100 linear feet, or portion thereof. The minimum planting requirements for each type and composition of bufferyard are set out in Table 7.301, Bufferyard Classifications, which is then combined with the district, street and railroad, and parking lot buffer design standards set out in Section 7.302, Bufferyard Standards.
Table 7.301 | ||||||
|---|---|---|---|---|---|---|
Bufferyard Classifications | ||||||
Type (Opacity) | Width | Required Plantings per 100 Linear Feet | Height of Berm, Wall or Fence1 | |||
Large Trees | Small Trees | Evergreen Trees | Shrubs | |||
Option 1: Landscape Only Bufferyard | ||||||
Type A (8%) | 5' | 1 | 2 | X | 10 | N/A |
Type B (18%) | 10' | 2 | 2 | 1 | 12 | N/A |
Type C (40%) | 15' | 3 | 5 | 3 | 15 | N/A |
Option 2: Landscape with Berm, Wall, or Fence2 | ||||||
Type A (8%) | 3' | X | X | X | 10 | 30" tall masonry wall |
Type B (18%) | 5' | 1 | 1 | X | 15 | 3' tall masonry wall |
Type C (40%) | 10' | 3 | 3 | 1 | 20 | 3' tall (average) variable berm or 5' tall fence |
TABLE NOTES: | |
|---|---|
N/A - Not Applicable. | |
1. | A berm, wall, or fence is not required for landscape only bufferyards. |
2. | Plant material, except large trees, must be installed on the outside of the wall or fence facing the street or abutting properties. |
E.
Illustrative Bufferyards.
Set out in Figure 7.301, Illustrative Bufferyards, are the illustrative levels of opacity (i.e., screening) achieved by the different types of bufferyards (e.g., Type A versus Type B, or landscape only versus landscaping with a berm, wall, or fence).
Figure 7.301 Illustrative Bufferyards |
Landscape Only Bufferyard - Type A  |
Landscape Only Bufferyard - Type B  |
Landscape Only Bufferyard - Type C  |
Landscape with Berm, Wall, or Fence Bufferyard - Type A  |
Landscape with Berm, Wall, or Fence Bufferyard - Type B  |
Landscape with Berm, Wall, or Fence Bufferyard - Type C  |
F.
Relationship to Other Bufferyard Requirements.
Some limited or conditional uses may have different requirements for bufferyards, as specified in Division 2.200, Limited and Conditional Use Standards. If bufferyards are required by another section of this UDC along property boundaries that are also district boundaries, then the most restrictive bufferyard requirement is required.
(Ordinance 2015-30 adopted 10/30/15)
§ 7.302 Required Bufferyards.
A.
Generally.
Bufferyard standards for district boundaries, streets and railroads, and parking lots are set out in this Section using the classifications set out in Section 7.301, Bufferyard Classifications.
B.
District Boundary Bufferyards.
Set out in Table 7.302A, District Bufferyard Standards, are the required bufferyards between zoning districts that are not separated by a public street. The rows show the zoning of the parcel proposed for development and columns show the zoning of the abutting land. Two letters are shown for each condition. The bufferyard required for the proposed use is listed first. The letter listed second is the buffer that is required on the abutting property. Where “–” is found there is no bufferyard required.
Table 7.302A | |||
|---|---|---|---|
District Bufferyard Standards | |||
Zoning of Parcel Proposed for Development | Zoning of Abutting District | ||
Agriculture District | Residential Districts | Nonresidential Districts | |
Agriculture District | –/– | –/A | –/B |
Residential Districts | A/– | A/A | A/B |
Nonresidential Districts | B/– | B/A | A/A |
C.
Street or Railroad Bufferyards.
Set out in Table 7.302B, Bufferyard Requirements for Streets and Railroads, are the required bufferyards for any development abutting an arterial, collector, or local street, or railroad right-of-way.
Table 7.302B | ||||
|---|---|---|---|---|
Bufferyard Requirements for Streets and Railroads | ||||
Zoning of Parcel Proposed for Development | Adjoining Street or Railroad Rights-of-Way | |||
Arterial | Collector | Local | Railroad | |
Agriculture District | N/A1 | N/A1 | N/A1 | N/A1 |
Residential Districts | C | B | A | C |
Nonresidential Districts | A | A | A | C |
TABLE NOTES: | |
N/A - Not Applicable. | |
1. | For agricultural only, no buffer is required. However, residential subdivisions shall follow the same requirements as set out for residential districts. |
(Ordinance 2015-30 adopted 10/30/15)
§ 8.101 Street Standards.
A.
Generally.
The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relations to existing and planned streets, to topographical conditions, to public safety and in their appropriate relation to the proposed uses of the land to be served by the streets.
B.
Street Classifications.
Streets shall be classified according to the following functional classifications (see the sections of 2030 Thoroughfare Plan and Roadway Design Standards (i.e., functional classifications) in Chapter 3, Mobility, of the Cuero Comprehensive Plan):
C.
Alleys.
Alleys are not “streets,” but the functional classification “alley” is assigned to them.
D.
Street Arrangement.
The arrangement of streets in a subdivision shall be as follows:
1.
Provide for the continuation or appropriate projection of existing streets in surrounding areas;
2.
Conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impracticable;
3.
Local streets shall be so laid out that their use by through traffic will be discouraged;
4.
Where a subdivision abuts or contains an existing or proposed arterial street, the City Council may require marginal access streets, reverse frontage, deep lots with rear service alleys, or treatment as may be necessary for adequate protection to residential properties and to afford separation of through and local traffic;
5.
Reserve strips controlling access to streets shall be prohibited;
6.
Street jogs with centerline offsets of less than 125 feet shall be avoided;
7.
Arterial street intersections shall be at 90-degree angles, plus or minus five degrees; and
8.
Other street intersections shall be laid out so as to intersect as nearly as possible at right angles; no street shall intersect at less than 90 degrees, plus or minus 15 degrees.
E.
Right-of-Way and Pavement Widths.
1.
Generally, widths of rights-of-way shall conform to those set out in Table 8.101, Right-of-Way and Pavement Widths.
2.
Where additional right-of-way is needed to obtain vertical curve, grade, sight distance triangles, turn lanes, or medians, the required right-of-way shall be adjusted to the extent necessary in accordance with local needs, as determined by the City Engineer. See the sections of 2030 Thoroughfare Plan and Roadway Design Standards (i.e., functional classifications) in Chapter 3, Mobility, of the Cuero Comprehensive Plan.
Table 8.101 | ||
|---|---|---|
Right-of-Way and Pavement Widths | ||
Classification | R.O.W. Width | Pavement Width1 |
Primary Arterial | ||
- undivided with turn lane | 100 ft. | 48 ft. with a 14 ft. center turn lane |
- divided | 120 ft. | 48 ft. with 12 ft. center median |
Minor Arterial | 80 ft. | 60 ft. |
Collector | ||
- with no turn lane | 60 ft. | 32 ft. |
- with center turn lane | 60 ft. | 36 ft. with 12 ft. center turn lane |
Local Streets | ||
- standard | 50 ft. | 27 ft. |
- alternate | 50 ft. | 32 ft. |
Access/Service Roads | 24 ft. | 40 ft. |
Alternate Cross-Sections for Bicycle Lanes | See Figure 3.5, Alternate Cross-Sections for Bicycle Facilities, in Chapter 3, Mobility, of the Cuero Comprehensive Plan. | |
TABLE NOTES: | |
1. | Measured from back of curb to back of curb. |
3.
The adjacent landowner shall maintain the right-of-way between the edge of pavement (if there is no curb) or the inside edge of the curb for the length of the property owner’s frontage and to the centerline of a recorded or proposed alley. It is the duty of the adjacent landowner to keep streets and alleys, whether private or public, free of debris, weeds higher than 24 inches, filth, carrion and impure, or unwholesome matter.
F.
New Streets.
New streets of like alignment shall bear the names of existing streets and shall be dedicated at equal or greater widths than the existing streets. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be shown on the preliminary plat and be subject to the approval of the City Council (see Section 4.108, Naming and Numbering).
(Ordinance 2015-30 adopted 10/30/15)
§ 8.102 Access and Connectivity.
A.
Generally.
In addition to the provisions set out in Section 8.101, Street Standards, the design and construction of all new streets shall comply with the provisions of this Section.
B.
Alleys.
Alleys established after the effective date shall comply with the standards of this Section.
1.
Use of Alleys.
Alleys may be used only:
a.
In residential development and/or districts, alleys shall be parallel, or approximately parallel to the frontage of the street.
b.
In nonresidential and mixed-use development and/or districts, alleys shall be located in activity centers where it is necessary to provide service access to buildings. However, the City Council may waive this requirement where other definite and assured provision is made for service access, including off-street loading, unloading and parking consistent with and adequate for the use proposed. Service alleys in nonresidential and industrial districts and developments shall be a minimum of 25 feet in width.
2.
Alley Right-of-Way.
The standards for right-of-way in an alley are as follows:
a.
Nonresidential Districts and Developments.
Alleys shall be a minimum of 25 feet in width.
b.
Residential Districts and Developments.
Alleys shall be a minimum of 15 feet in width.
c.
Mixed-Use Developments.
Alley right-of-way width shall comply with either subsection B.2.a. or B.2.b., above, depending on whether the alley is serving a residential or nonresidential use.
3.
Surfacing and Edging.
The surfacing and edging of alleys shall be in accordance with the City standards. If the alley is not paved in accordance to City standards, the proposed plat shall be accompanied by a covenant, condition, or restriction that garbage collection shall be from the street only.
4.
Connectivity.
C.
Access and Connectivity.
1.
Access.
a.
Subdivisions with 30 or more lots, or multi-family developments with 50 or more dwelling units, shall provide no less than two access points to/from existing streets. Those access points shall be located as far apart as practical and consistent with Division 5.200, Access Management and Circulation.
b.
The street layout of a subdivision shall provide public street access to all building sites and parcels.
c.
Street alignments within subdivisions shall utilize horizontal curves, islands, street offsets, intersections, or other methods that allow adequate access and promote traffic calming.
2.
Off-site Connectivity.
a.
Wherever streets have been dedicated or platted on adjacent properties for extension into or through a proposed subdivision, then those streets shall be incorporated into the street layout of the proposed subdivision.
b.
Subdivision streets shall be extended to the boundaries of the parcel proposed for development in appropriate locations to provide for future connections to other properties.
D.
Dead-End Streets/Cul-de-Sacs.
Cul-de-sacs are allowed only as provided in this subsection.
1.
Design Type.
Dead-end streets, when designed to be so permanently, shall culminate in a cul-de-sac per the standards of this Section. Dead-end streets, when designed to be so temporarily, shall conform to subsection D.4., Temporary Turnarounds, of this Section.
2.
Maximum Length.
Dead-end streets in the form of a cul-de-sac, when designed to be so permanently, shall not be longer than 600 feet as measured from a point beginning at the intersection of the cul-de-sac street centerline with the projection of the intersecting street’s curb line, along the centerline of the cul-de-sac street to the cul-de-sac, and directly through the cul-de-sac to its furthest point from the point of beginning.
4.
Temporary Turnarounds.
Dead-end streets that are planned for extension to connect to future development shall terminate in a temporary turnaround with a 50-foot radius, which allows for emergency vehicles to turn around without backing (“T” and “Y”-shaped turnarounds are not allowed). The turnaround shall have an improved hard surface and a base that meets the requirements for a public street. A gravel surface may be allowed if the temporary turnaround will be in use for less than 12 months and security is provided to pave the turnaround if the anticipated connection is not made within 12 months.
E.
Sight Distance Triangle Requirements.
1.
Required Site Distance Triangle.
Within the triangular area formed by the right-of-way lines of intersecting streets and a line connecting points 25 feet on either side of such intersecting rights-of-way, including triangles formed from centerlines of driveways, there shall be clear space and no obstruction to vision (see Figure 8.102, Sight Triangle Requirements).
Figure 8.102 Sight Triangle Requirements  |
2.
Sight Distance Triangle to be Kept Free of Obstructions.
No person shall place or maintain any structures, fences, landscaping, or other objects within any sight distance triangle that obstructs or obscures site [sight] distance visibility by more than 25 percent of the area between the ground and eight feet, except for the following:
a.
Landscaping, structures, or fences that protrude no more than 30 inches above the adjacent roadway surface may be permitted within the sight distance triangle.
b.
Trees may be planted and maintained within the sight distance triangle if all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface and the location of the trees planted, based on the tree species’ expected mature height and size, does not obstruct sight visibility by more than 25 percent of the site [sight] distance triangle area.
F.
Private Streets.
[1] Private streets may be developed if all of the following are demonstrated:
1.
The private subdivision is a minimum of 10 acres.
2.
The area being developed would not result in a concentration of private street subdivisions in one area of the City to the extent that such development would dominate the neighborhood development pattern.
3.
Access shall meet the City’s right-of-way standards, shall be accessible to general traffic circulation, delivery of City services, and emergency responders.
4.
Setbacks from private streets shall be measured in the same manner as setbacks from public streets.
5.
Private streets shall be constructed to the same standards as public streets.
6.
A property owners’ association shall be established in a form approved by the City at the time of final plat approval, which will:
(Ordinance 2015-30 adopted 10/30/15)
§ 8.103 Thoroughfare Plan.
A.
Generally.
Thoroughfare planning and future right-of-way protection is a priority for the City. The Thoroughfare Plan is located in the 2030 Thoroughfare Plan section of Chapter 3, Mobility, of the Cuero Comprehensive Plan, and it identifies desired alignments of arterial and collector streets throughout the City and its extraterritorial jurisdiction (ETJ).
B.
Effect.
New arterial or collector streets, in addition to improvements to existing arterial and collector streets shall be consistent with the most recently adopted Thoroughfare Plan.
(Ordinance 2015-30 adopted 10/30/15)
§ 8.201 Sidewalks.
A.
Generally.
Concrete sidewalks are required along all public and private streets in the City. See the sections of 2030 Thoroughfare Plan and Roadway Design Standards (i.e., functional classifications) in Chapter 3, Mobility, of the Cuero Comprehensive Plan.
C.
Location of Sidewalks.
1.
Sidewalks shall be provided between the right-of-way line and the edge of pavement. Generally, the outer edge of the sidewalk shall abut or be no more than one foot from private property lines.
2.
Sidewalks may meander to protect the root systems of mature trees, provided that no sidewalk is located closer than three feet to the back of curb (or edge of pavement if no curb is present). This arrangement shall not reduce the right-of-way width requirement.
3.
Sidewalks shall also be installed in pedestrian access easements. The pedestrian access easement shall be a minimum of 10 feet.
D.
Completion of Sidewalk Networks.
Adequate provision shall be made to ensure the timely completion of the sidewalk network associated with all parcel[s] proposed for development.
E.
Modification of Sidewalk Requirements.
Sidewalk requirements may be altered or waived if a sidewalk or trail plan that provides equal or greater pedestrian circulation is submitted to and approved at the time of a preliminary plat. These trade-offs may be permitted if better pedestrian and bicycle access and connectivity is provided through the use of off-street trails or multi-use pathways that connect to sidewalks or other off-street trails or multi-use pathways on the perimeter of the parcel proposed for development.
F.
Mid-Block Crossings and Cul-de-sacs.
1.
Pedestrian access easements and sidewalks shall be located at mid-block crossings when the City block exceeds 800 feet in length, and in cul-de-sacs, when connections to other streets, cul-de-sacs, and off-street trails are within 150 feet, measured from the shortest distance between the two points.
2.
The width of the pedestrian access easement shall be at least 10 feet and the width of the sidewalk connection shall be a minimum of five feet (see Figure 8.201, Pedestrian Pathways in Residential Cul-de-sacs).
3.
Connections to off-street trails may be constructed of asphalt if the trail that is being connected to is constructed of asphalt.
Figure 8.201 Pedestrian Pathways in Residential Cul-de-Sacs  |
G.
Existing Sidewalks.
1.
It is the duty and obligation of all owners, occupants, and users of real property abutting upon streets within the City, at their own cost and expense, to:
a.
Keep and maintain the sidewalks (and paving laid thereon) bordering their property at level at curb grade, free of demolition, depressions, excavations, elevations, inequalities, obstacles, obstructions, or encroachments, natural or artificial, above or below ground level, or which overlap, impinge upon, or appropriate any part of the sidewalk area or the space up to eight feet above it;
b.
Allow no oils, greases, ice, snow, or water to collect or remain thereon; and
c.
Generally, in every manner, to keep the sidewalks in a safe, adequate, and non-defective condition so that they are easily accessible to and may be freely and safely used by the public for travel by foot.
2.
That where and when, by reason of a violation of any of the above provisions, injury or damage is occasioned to or inflicted upon any person, whether on the sidewalk or in the street, primary liability for all the injury or damage shall rest upon the owner, occupant, and user of the property abutting upon the defective sidewalk.
3.
It shall be unlawful for any person, partnership, or corporation to construct, demolish, reconstruct, or repair any sidewalk, setback, driveway, curb, gutter, or work incident thereto in the streets and alleys of the City without first obtaining a permit for the work from the Building Official, applications for which permits shall be made on forms furnished by the City.
4.
No permit issued under this Subsection or any construction to be done thereunder, shall be assigned, transferred, or sublet but the permittee shall remain in personal charge of all work done thereunder.
5.
The City Manager, Building Official, or City Engineer designated by the City Manager shall furnish information establishing lines and grades for the construction, reconstruction, or repair of any improvement covered by this Subsection. All construction shall be in accordance with said lines and grades and subject to approval of the City Manager, Building Official, or designated official. Stakes shall be set by or at the expense of the property owner.
6.
No materials shall be used in any construction mentioned in this Article until the same has been inspected and approved by the Building Official, and any material which is not approved by the Building Official shall be removed from the streets and sidewalks at the expense of the property owner. No concrete mixture shall be poured until forms and excavations have been inspected and approved by the Building Official or authorized representative.
7.
No more than one-third of the width of the street shall be occupied by materials, equipment, or tools, and barricades shall be placed around the equipment so as to leave at least two-thirds of the street open for traffic, which barricades and street obstructions shall be supplied with lights at nighttime so that the same will serve as protection to the public as a result of the obstruction in the streets.
H.
Specifications for Materials and Equipment.
1.
Cement.
Cement shall be Portland cement meeting the current standard tests for commercial cement.
2.
Water.
Water for concrete shall be clean and free from injurious amounts of oil, acid, alkali, organic matter, or other deleterious substances. In general, City water will be required
3.
Fine Aggregate.
Fine aggregate shall be clean, sharp natural sand, graded from coarse to fine (using laboratory sieves with square openings), as set out in Table 8.201A, Aggregate Limits:
Table 8.201A | |
|---|---|
Final Aggregate Limits | |
Sieve Size | Total Passing (Percentage by Weight) |
3/8 inch | 100 |
No. 4 | 95-100 |
No. 16 | 45 to 80 |
No. 50 | 5 to 30 |
No. 100 | 0 to 8 |
No. 200 | 0 to 3 |
TABLE NOTES: |
Not more than two percent of clay or loam by volume shall show at the end of one hour’s settlement of the water in which a sample of the sand has been thoroughly washed. Sand shall contain no more than one-half percent by weight of organic or other deleterious matter. |
4.
Coarse Aggregate.
Coarse aggregate shall consist of clean, hard, tough gravel or broken stone, and shall contain no more than one-half percent by weight of soft, friable, thin, elongated or laminated pieces, and alkali, organic, or other deleterious matter. Material for coarse aggregate shall be graded from coarse to fine within the following limits (using laboratory sieves with square openings), as set out in Table 8.201B, Coarse Aggregate Limits: Pit-Run Materials. Pit-run materials may be used if they meet the requirements of this section.
Table 8.201B | |
|---|---|
Coarse Aggregate Limits | |
Sieve Size | Total Passing (Percentage by Weight) |
2 inch | 100 |
1-1/2 inch | 95-100 |
3/4 inch | 35 to 70 |
3/8 inch | 10 to 30 |
No. 4 | 0 to 5 |
5.
Pit-Run Materials.
Pit-run materials may be used if they meet the requirements of this Section.
6.
Measurement of Materials.
Materials shall be measured in accurate measuring boxes, buckets, or wheelbarrows in a manner that the quantities can be closely controlled during the progress of the work. Shovel measurement will not be permitted.
7.
Concrete Quality.
It is the intent of this Section to secure for every part of the work, concrete of homogeneous structure which, when hardened, will have the required strength and resistance to weathering. To this end, the strengths of concrete will be as follows:
a.
2000 pounds per square inch for curbs, gutters, sidewalks, and residential driveways.
b.
300 [sic] pounds per square inch for setbacks and commercial driveways.
c.
These strengths to be obtained in 28 days by tests on 6-inch by 12-inch cylinders. The tests shall be made at the expense of the City, except that the contractor shall furnish the concrete.
8.
Prior Test Records.
In the event that the contractor furnishes reliable test records of concrete made with materials from the same sources and of the same quality and mixed in the same proportions in connection with current work, all or a part of the strength tests specified herein may be waived by the City Manager.
9.
Workability of Concrete.
The concrete shall be of the consistency and composition that it can be worked readily into the corners and angles of the forms and around the reinforcement without permitting the materials to segregate or free water to collect on the surface. The contractor shall adjust the proportions of cement and aggregate as may be necessary to produce a mixture which will be easily placeable at all times, due consideration being given to the methods of placing and compacting used on the work.
10.
Slump.
The slump as measured by a standard slip cone shall in no case exceed six inches.
11.
Mixing Equipment.
The mixing equipment shall be capable of combining the aggregates, cement, and water within the specified time into a thoroughly mixed and uniform mass, and of discharging the mixture without segregation.
a.
Machine Mixing.
The mixing of concrete shall be done in a batch mixer of approved type which will insure a uniform distribution of the material throughout the mass. The equipment at the mixing plant shall be so constructed that all materials, including the water, entering the drum can be accurately proportioned and be under control. The entire batch shall be discharged before recharging. The volume of the mixed material per batch shall not exceed the manufacturer’s rated capacity of the mixer. The mixing period shall be not less than one minute and shall be measured from the time when all of the solid materials are in the mixer drum, provided that all of the mixing water shall be introduced before one-fourth of the mixing time has elapsed.
b.
Truck Mixing.
Truck mixers shall be of the revolving drum type, watertight, and so constructed that the concrete can be mixed to insure a uniform distribution of materials throughout the mass. Except as subsequently provided, the truck mixer shall be equipped with a tank for carrying mixing water. Only the prescribed amount of water shall be placed in the tank unless the tank is equipped with a device by which the quantity of water added can be readily verified. The mixing water may be added directly to the batch, in which case a tank shall not be required. The maximum size of batch in truck mixers shall be in accordance with the specified rating of the mixer.
c.
Hand Mixing.
Hand mixing of concrete will not be allowed.
12.
Re-tempering.
The re-tempering of concrete or mortar which has partially hardened; that is, mixing with or without additional cement, aggregate, or water, will not be permitted.
13.
Protection.
a.
All concrete shall be protected so that the temperature at the surface will not fall below 40° F or that there will be no loss of moisture from the surface for 24 hours after the concrete is poured.
b.
Protection against loss of moisture from the surface of the concrete shall be accomplished by keeping the surface continuously wet for one day. This may be done by any one of the following methods:
14.
Field Tests of Concrete.
a.
During the progress of construction, the City Manager may have tests made to determine whether the concrete as being produced complies with the standards of quality specified. The contractor shall cooperate in the making of the tests to the extent of allowing free access to the work for the selection of samples and storage of specimens, and in affording protection to the specimens against injury or loss through his operations.
b.
Three cylinders will generally be made for each class of concrete used in any one day’s operation.
c.
Samples of concrete for test specimens shall be taken at the mixer, or in the case of ready-mixed concrete, from the transportation vehicle during discharge. When, in the opinion of the City Manager, it is desirable to take samples elsewhere, they shall be taken as directed by him.
15.
Failure to Meet Requirements.
Should the strengths shown by the test specimens fall below the values required, the City Manager shall have the right to require changes in proportions on future work or shall have the right to require the removal and replacement of those sections which failed to develop the required strength.
16.
Foundation and Preparation of Sub-Grade.
a.
The foundation shall consist of firm, hard soil from which all vegetable matter and other loose material have been removed.
b.
All soft and spongy places must be dug out and the resulting holes filled with solid materials, thoroughly tamped. Exceptionally hard, compacted spots in the sub-grade must be loosened and tamped to provide a uniform bearing.
c.
If, in the opinion of the City Manager, the soil in the foundation is of a character that it will swell or shrink with changes in its moisture content to an extent that the concrete may be damaged, the soil shall be excavated four inches below sub-grade and refilled with sand.
d.
Material for fills shall be placed and tamped in six-inch layers. The top of all fills shall extend at least one foot beyond the edges of the walk or other structure, and the slopes of fills shall be at least two feet horizontal to one foot vertical to prevent undue erosion.
17.
Forms.
a.
Forms shall conform to the shape, lines, grades, and dimensions of the concrete.
b.
Lumber used in forms for exposed surfaces shall be dressed to a uniform thickness, and shall be free from loose knots or other defects. Joints in forms shall be horizontal or vertical where appearance of the finished surface is of importance. For unexposed surfaces and rough work, undressed lumber may be used. Lumber once used in forms shall have nails withdrawn, and surfaces to be in contact with concrete thoroughly cleansed before being used again.
c.
Forms shall be sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together so as to maintain the desired position and shape during and after placing concrete.
d.
The inside of metal forms shall be coated with non-staining mineral oil or other approved material, or in case of wood forms they shall be thoroughly wetted.
e.
The removal of forms shall not be started until the concrete has attained the strength necessary to support its own weight and any construction live loads.
18.
Depositing Concrete.
a.
Before beginning placement of concrete hardened concrete and foreign materials shall be removed from the inner surface of the mixing and conveying equipment.
b.
Water shall be removed from the space to be occupied by the concrete before concrete is deposited, unless otherwise directed by the City Manager. Any flow of water into an excavation shall be diverted through proper side drains to a sump, or be removed by other approved methods which will avoid washing the freshly deposited concrete.
c.
Concrete shall be handled from the mixer, or in the case of ready-mixed concrete from the transporting vehicle, to the place of final deposit as rapidly as practicable by methods which shall prevent the separation or loss of the ingredients. Under no circumstances shall concrete that has partially hardened be deposited in the forms as nearly as practicable in its final position to avoid re-handling. It shall be deposited so as to maintain, until the completion of the unit, a plastic surface approximately horizontal.
d.
Concrete, regardless of the type of transporting vehicle, shall have, when deposited in the forms, the quality required.
e.
Concrete, during and immediately after depositing, shall be thoroughly spaded, rodded, and compacted.
f.
Accumulation of water on the surface of the concrete due to water gain, segregation, or other causes during placement and compacting shall be prevented as far as possible by adjustments in the mixture. Provision shall be made for the removal of the water as may accumulate so that under no circumstances will concrete be placed in the accumulations.
g.
Concrete shall be deposited continuously, or in layers of the thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams and planes of weakness within the section.
h.
Before depositing new concrete on or against concrete which has hardened, the forms shall be re-tightened. The surface of the hardened concrete shall be roughened as required by the City Manager in a manner that will not leave loosened particles of aggregate or damaged concrete at the surface. It shall be thoroughly cleaned of foreign matter and laitance, and saturated with water. To insure an excess of mortar at the juncture of the hardened and the newly deposited concrete, the cleaned and saturated surfaces, including vertical and inclined surfaces, shall first be thoroughly covered with a coating of mortar or neat cement ground against which the new concrete shall be placed before the ground has attained its initial set.
i.
Sidewalks, driveways, setbacks, and all other flat work are to be of one-course concrete construction.
19.
Sidewalks.
a.
Sidewalks shall be of concrete and have a minimum thickness of four inches. In the residential portions of the City, sidewalks shall be four feet in width. In case greater widths are desired, special authorization shall be secured from the City Engineer. In nonresidential, mixed-use, and multi-family districts, the walks shall occupy the entire width from property line to curb. The walk shall be sloped 1/4 inch in one foot above the curb.
b.
An entrance sidewalk for a residence in a residential area may vary from the four-foot standard sidewalk width if the requirements of the particular location are such as to warrant a narrower or a wider walk; however, no entrance walk shall be less than three feet nor more than six feet in width.
c.
Sidewalks on grades up to and including three percent shall be given a smooth float finish, and on grades over three percent shall be given a brush finish. Immediately after the concrete is placed it shall be tamped and then struck off with a template. The surface shall then be “floated” or “darbied” and dusted. This dry dust, consisting of one part Portland cement to one and one-half parts sand, must be sprinkled on the wet concrete not more than 20 minutes after the concrete is placed; and not more than 10 minutes after the first coat of dust is applied, the work is to be struck off with a straight edge or darby and the second coat applied. As soon as the concrete has become firm, it shall be floated with a wood float and then, be troweled with a steel trowel to a uniform, smooth surface. Following this the walk shall be edged and grooved.
d.
To obtain a suitable brush finish a fine-haired brush not less than four inches in width shall be used. The brush is to be swept lightly [over] the surface of the concrete with a sweeping, circular motion. The entire surface shall be brushed until a uniform appearance is obtained, care being taken that the edges and jointer tool marks are not obliterated.
e.
To obtain a suitable smooth float finish, the concrete as soon as it has become firm, shall be floated with a wood float to a uniform smooth surface. Following this the walk shall be edged and grooved. The walk shall then be floated transversely or longitudinally, care being taken that the edger and jointer tool marks are not obliterated.
f.
That portion of the sidewalk in the driveway shall be placed as driveway, but finished as sidewalk.
g.
The edger shall be of steel three inches wide with a one-quarter inch radius and shall be used on the edges against the forms, expansion joints and old work in order to give the work a finished appearance. The spacing of the jointer marks shall not exceed five feet and shall conform to the jointer marks in the curb. The jointer shall leave a mark three-sixteenth of an inch in width and three-eighths of an inch in depth. The marks formed by the edger and the jointer shall be on a true line. The marks left by these tools on the flat surface of the walk shall be troweled out.
20.
Special Sidewalks.
Sidewalk surfaces constructed of materials other than concrete may be installed only on written approval of the City Engineer. Request for the approval shall be made by the owner in writing with a sketch indicating the work to be done. Any sidewalk surface constructed of a material other than concrete shall be laid on a four-inch concrete base and shall be constructed so that it will form an integral part with the base. Approval for a special sidewalk will include specifications for the construction of the type of sidewalk to be installed.
21.
Curb and Gutter.
a.
Separate gutter, where curbs are in place or combined curb and gutter shall be constructed in accordance with the standards shown on the attached plans. Construction of curb without gutter will not be permitted. The radius of the curb return at a street intersection will be designated by the City Engineer.
b.
In not more than one hour after the concrete has been placed, the curb form shall be removed and a thin coating not over one-quarter inch thick of finish mortar, composed of one part cement to two parts fine aggregate, shall be worked into the exposed faces of the curb and gutter by means of a trowel and “mule.” Curb and gutter shall be finished true to line and grade with the aid of a straight edge, steel trowel, steel “gooseneck” and fine-haired brush. The straight edge is to be used on the face of the curb and in the gutter. The curb and gutter is to be worked with a steel trowel and “gooseneck” to give the work the appearance of a trowel finish. It is to be edged and jointed in the same manner as specified for sidewalk, and after the work has become firm it is to be brushed lightly longitudinally with a final crosswise brushing.
c.
Curbs and gutters constructed of material other than concrete may be installed only with written approval of the City Engineer. Request for the approval shall be made by the owner in writing with a sketch indicating the work to be done. Approval for the curbs will include specifications for the construction of the type of curb to be installed.
22.
Driveways.
a.
Driveways shall be classified as residential, light commercial, and heavy commercial, and shall be constructed in accordance with the standards indicated on the attached plans.
b.
Driveway flat work shall be of one-course construction and given a smooth wood float finish.
c.
Driveways curbs shall be given the finish specified for curb and gutter.
d.
Driveways shall be marked in rectangular squares not over five feet wide by cutting through the finished surface as specified for sidewalks.
23.
Residential Driveways.
a.
A residential driveway shall include any driveway leading into residential or other private property where no heavy wheel loads may be expected.
b.
The minimum width shall be 10 feet.
c.
The curb return shall have a minimum radius of 2 feet, 6 inches.
d.
Residential driveways shall be of concrete five inches thick including the sidewalk and gutter section.
24.
Commercial Driveways.
a.
All driveways into places of business which serve or are served by automobile traffic shall be classified as light commercial driveways. All driveways which shall be subject to other types of commercial use, including (but without limitation) gas stations and warehouses, shall be classified as heavy commercial driveways. Special permission must be obtained from the City Engineer before a light commercial or heavy commercial driveway may be built. Request for the approval shall be made by the owner in writing with a sketch indicating the location and dimensions of the commercial driveway.
b.
Light commercial driveways, including the sidewalk and gutter sections, shall be of plain concrete five inches thick. Any sidewalk which is free from cracks on the proper grade and in good condition may remain in place when a light commercial driveway leading thereto is installed, but if any the sidewalk shall become dangerous to the public it shall be removed and replaced by the property owner with concrete of the required thickness. Heavy commercial driveways, including the sidewalk and gutter sections, shall be of reinforced concrete five inches thick, and where a sidewalk exists within the limits of the driveway, the sidewalk shall be replaced with reinforced concrete five inches thick.
c.
Three-eighths inch round deformed bars of reinforcing steel on 18-inch centers both ways shall be placed in heavy commercial driveways two inches from the finished surface, and shall be securely tied at each intersection. Wire mesh consisting of six gauge wire on six-inch centers, both ways, or an approved equal, may be used as an alternate to bars of reinforcing steel.
d.
Metal reinforcement shall be accurately positioned and secured against displacement by using annealed iron wire ties or suitable clips at intersections, and shall be supported by concrete or metal supports, spacers or metal hangers.
e.
The reinforcing steel shall be placed so as to have one bar three inches from and parallel to the outside edges of the driveway slab and adjacent to expansion joints. All splices in the steel shall be lapped at least 40 times the diameter of the steel. Where wire mesh is used, the outside wire shall be not more than one and one-half inch from the outside edge of the concrete.
f.
The curb returns shall have a radius of not more than the distance from the front edge of the sidewalk to the face of the curb and not less than two feet six inches.
g.
In case a driveway, due to development of the abutting property, has become obsolete and of no further use to the property, the owner may be required by the City Council to remove the driveway and replace it with a standard curb and gutter and, where necessary, a sidewalk, all at his own expense.
25.
Setbacks.
a.
A setback is that additional area formed by setting the curb back from the regular curb alignment toward the property line to obtain a more convenient parking space in the street abutting a commercial establishment.
b.
In no case shall a setback be constructed where the additional depth obtained is less than eight feet.
c.
A setback may be installed only on written approval of the City Manager. Request for the approval shall be made by the owner in writing accompanied by a sketch indicating the work to be done.
d.
The property owner shall be required to maintain the setback area in a clean, presentable condition at his own expense. In case the setback area is not maintained properly the owner may be required by the City Council to remove the setback within a reasonable length of time and replace it with a standard curb and gutter and where necessary, a sidewalk, all at his own expense.
e.
In case a setback, due to development of the abutting property, has become obsolete and of not further use to the property, the owner may be required by the City Council to remove the setback and replace it with a standard curb and gutter, and where necessary, a sidewalk, all at his own expense.
f.
The setback shall be of plain concrete five inches thick, and shall be given a smooth wood float finish and be marked in rectangular squares as specified for sidewalks. Setback curbs shall be given the finish specified for curb and gutter.
26.
Expansion and Contraction Joints.
a.
Transverse expansion joints one-half inches in thickness and to the full depth and width of the work shall be spaced not over 25 feet apart in curb gutters, driveways, setbacks, and sidewalks. These joints shall be placed on dividing lines between lots where practicable. A one-half inch expansion joint shall be installed where a sidewalk intersects, joins or abuts a stormwater inlet or other structure, another walk or a curb. Where the sidewalk occupies the entire space between the curb and sidewalk and between the sidewalk and building or wall.
b.
Expansion joint material at least one-half inches in thickness shall be placed in a concrete driveway where the driveway slab or curb abuts the pavement, gutter, curb, and sidewalk, as indicated on the attached standard plan. Expansion joint material shall be neatly trimmed to the surface of the finished work.
c.
The expansion joint material used shall completely fill the space required.
d.
Scrap pieces of joint material that cannot readily be assembled without open seams shall not be used.
27.
Repair Work.
a.
Repair work shall comply with the provisions of this Section except that sections of structures being replaced shall in general conform as nearly as possible in dimensions, shape, and appearance with the structure in place.
b.
Sections of sidewalks, driveways, curbs, and gutters to be repaired shall be cut out and replaced to the jointer marks.
c.
The contractor shall be required to backfill his work properly to the full depth of the structure. He shall be required to remove from the site all surplus excavated material and debris and put the work into a neat and presentable condition.
d.
In case the surplus excavated material on the site is not sufficient to backfill the structure to its full required depth, the contractor shall be required to obtain the additional material and backfill the structure properly as indicated on the attached standard plans, which are made a part of this Article.
Editor’s note–The standard plans referred to in subsection d. are not printed herein.
I.
General Penalty.
1.
Any person who violates any provision of this Article for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not to exceed:
a.
$2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, and public health and sanitation other than vegetation and litter violations;
b.
$500 in all other cases provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
2.
If the maximum penalty provided by this Article for any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the state, then the maximum penalty for violation as provided by state statute shall be the maximum penalty under this Article. Each day any violation of this Article or of any ordinance shall continue shall constitute a separate offense.
3.
Statutory reference: Maximum fine for general violations, see Tex. Local. Government Code Section 54.001.
(Ordinance 2015-30 adopted 10/30/15)
§ 8.202 Pedestrian and Bicycle Improvement Opportunities Implementation.
A.
Generally.
Changing conditions call for increased attention to the City’s bicycle and pedestrian (i.e., sidewalk) system. In order to address broken or fragmentation of this system, the City adopted a Pedestrian and Bicyclist Improvement Opportunities map in the Cuero Comprehensive Plan. The Pedestrian and Bicyclist Improvement Opportunities map illustrates priority areas based on their proximity to high traffic pedestrian areas such as schools, parks, downtown, employment and commercial services, and connections to residential development as well as lays out routes for on-street bicycle lanes and off-street trails.
B.
Sidewalks.
1.
Areas of Importance.
Areas of importance include those within one-quarter (1/4) mile of the following facilities:
2.
Requirements.
In the areas set out in subsection B.1., of this Section, sidewalks shall be constructed in conformance with Section 8.201, Sidewalks, for parcels proposed for development for any new development, redevelopment, or substantial improvement. See the sections of 2030 Thoroughfare Plan and Roadway Design Standards (i.e., functional classifications) in Chapter 3, Mobility, of the Cuero Comprehensive Plan.
C.
On-Street Bicycle Lanes.
Several city-wide on-street bicycle lanes have been set out on the Pedestrian and Bicyclist Improvement Opportunities map in the Cuero Comprehensive Plan. As new site plans and plats are approved for new parcels proposed for development, redevelopment, or substantial improvement, these on-street bicycle lanes shall be designated.
D.
Off-Street Trails.
Conceptual off-street trails have been set out on the Pedestrian and Bicyclist Improvement Opportunities map in the Cuero Comprehensive Plan. As such, all parcels proposed for development shall comply with the following:
1.
A 25-foot access easement and an eight-foot-wide off-street trail shall be designed, constructed, and marked according to the most current AASHTO requirements.
2.
Where a off-street trail crosses a public or private street, the street shall be signed and painted designated such crossing for the protection of trail users.
3.
Maintenance responsibilities shall be established at the time of a preliminary plat.
(Ordinance 2015-30 adopted 10/30/15)
§ 8.301 General Standards for All Infrastructure Improvement.
A.
Generally.
The City’s public health, safety, and welfare is protected and advanced by safe, reliable, and sustainable water supply and safe and effective treatment of effluent. All utilities shall be constructed and installed at the owner and/or developer’s expense and meet the requirements of this UDC, state regulations, and with current official standards of the City.
1.
Connection Required.
All new parcels proposed for development that are within the City’s utility service area shall be connected to the City’s potable water and sanitary sewer lines or other central community sewer system. Water and/or sewer utilities are subject to payment of water and sewer plant fees in effect at the time of issuance of the building permit or connection to the utility if no permit is required.
2.
Location.
All new development shall locate utilities underground.
B.
Water Supply and Fire Protection.
1.
Generally.
Water supply for new parcels proposed for development shall be sufficient to provide for the development’s potable water demand, irrigation needs, and fire protection needs. Water shall be supplied using fire-rated lines that are acceptable to the City’s Fire Department, and installed to the specifications of the City Engineer.
2.
Capacity.
Applicants for approval of new parcels proposed for development, or changes to existing development that the Building Official finds are likely to involve material additional water demand, shall submit certification from the City Engineer that capacity is available to serve the proposed development.
3.
Fire Hydrants.
Fire hydrants shall be provided and spaced to the specifications of the Fire Department and the most recently adopted Fire Code.
C.
Sanitary Sewers.
1.
Generally.
Sanitary sewer service for new parcels proposed for development shall be sufficient to provide for the development’s demand for such service. Sanitary sewer lines shall be installed to the specifications of the City Engineer.
2.
Capacity.
Applicants for approval of a new parcel proposed for development, or changes to existing development that the Building Official finds are likely to involve material additions to the sanitary sewer demand, shall submit certification from the City Engineer that capacity is available to serve the proposed development.
D.
Gas Utility.
The developer shall be responsible for providing gas for the subdivision from the nearest gas system available, at the developer’s expense in accordance with an agreement entered into with the Building Official and installed to the specifications of the City Engineer.
E.
Electric Utility.
The developer shall be responsible for providing electrical connection from the nearest electrical system available, at the developer’s expense in accordance with an agreement entered into with the Building Official and installed to the specifications of the City Engineer. The point of service for the electric utility shall be near the property line of the premises to be served.
(Ordinance 2015-30 adopted 10/30/15)
§ 8.302 Stormwater Management, Drainage, and Low Impact Development.
A.
Stormwater Management.
1.
Generally.
In addition to the provision for drainage to move stormwater safely through the City and avoid flooding damage or safety risks, there is a need to clean stormwater to maintain the health of the waterbodies and watercourses in the community by reducing or eliminating pollutants before they reach them. There are three strategies that may be applied as part of the stormwater treatment process, including avoidance, minimization, and mitigation. For the most part, avoidance strategies are built into this UDC as are a number of minimization strategies. The UDC is based on making maximum use of avoidance and, then, minimization.
2.
Mitigation.
Mitigation is required prior to discharging stormwater into streams with a defined watercourse or channel, except where community stormwater management facilities intended to serve the area of the development exist downstream. The extent to which the mitigation facilities are needed depends on the degree to which the avoidance and minimization techniques are used. In addition to calculating the reduced size of the detention facilities, the extent of the cleaning capacity shall be calculated. The following are best management techniques:
a.
Retention with Vegetation.
The preferred stormwater best management practice is initial retention and infiltration of runoff in depressed landscape or natural areas, including low impact development (see subsection C., Low Impact Development, below). These areas should be shallow and vegetated with natural vegetation that can tolerate temporary ponding of water. All such facilities shall be designed to hold a three-inch storm. These, in conjunction with vegetative swales, if properly designed, may eliminate or sharply reduce the need for a settlement basin.
b.
Wet Basin.
Wet basins are most effective in cleaning stormwater. The basin shall be at least a two-part basin, with an initial pool for settlement of solids that has a cleanout access point. The second part is the detention basin where water is detained for additional treatment. All wet basins shall be designed with wetland buffers on the safety ledges, at the area that separates the settlement pool from the main basin, outlet, and inlet. The water retained in the basin between flow events is actively cleaned so that when stormwater comes in, the cleaner water is pushed out. Where feasible, these basins shall be used.
c.
Dry Basin.
These basins are designed to drain within 24 hours for which water quality treatment is negligible. They may require use in conjunction with avoidance techniques that address the majority of the water quality treatment or a combination of minimization and mitigation techniques.
B.
Drainage.
1.
Generally.
Drainage systems shall be designed according to the standards of this Section, any applicable drainage plan, and per the specifications of the City Engineer.
2.
Adequate Rights-of-Way Required.
Whenever any waterbody, watercourse, or surface drainage channel is located in an area that is being subdivided, the subdivider shall dedicate adequate rights-of-way that are sufficient to provide for the drainage course and access for the purposes of cleaning, widening, deepening, sloping, improving, or protecting the watercourse and for drainage maintenance.
3.
Separate Easement Required.
Drainage easement or right-of-way shall not be considered a part of street right-of-way.
4.
Prohibited Encroachment.
Lots created along a drainage channel shall not encroach upon or into a drainage easement.
5.
Required Review and Approval.
All design features for stormwater drainage in a development shall be subject to the approval of the City Engineer. Should there be site-specific conditions that warrant or demand deviation from the above criteria, these considerations may be reviewed by the City Engineer. Such a request for deviation shall be made in writing with supporting documentation. Approval of any deviation from these specifications shall be made in writing by the City Engineer. Cost alone shall not be sufficient grounds for approval of a deviation. The Building Official shall be notified in writing of any approved deviations from the specifications contained in this subsection.
6.
Improvement Standards.
a.
Surface Drainage.
An adequate drainage system, including necessary closed drainage systems, pipes, culverts, intersectional drains, drop inlets, bridges, and other drainage improvements shall be provided for the proper drainage of all surface water. Storm catchbasins shall be located such that a maximum of 450 linear feet drains into two basins.
b.
Runoff Reduction Requirement:
Drainage systems shall include a means of retention/detention to provide a 10 percent reduction in runoff from pre-construction conditions. Requests for a lower percentage reduction must be approved in writing by the City Engineer or appointee designated by the City Manager.
c.
Design Specification:
Subsurface storm drains shall be of reinforced concrete, or an approved equal, and a minimum of 15 inches or greater in diameter, as determined by the City Engineer.
d.
Requirements for Storms:
7.
Stormwater Management/Drainage Report.
Any owner, developer, subdivider, or their agent who apply to subdivide, develop, improve, or build any residential or nonresidential development or subdivision must, in addition to any other requirement of law or ordinance, submit a stormwater management/drainage plan designed by a registered engineer in the state of Texas, including the following.
a.
Subdivision and site plan applications shall be accompanied by a stormwater management/drainage report, which shall include, at a minimum, the following information:
i.
A cover sheet with the name of the subdivision and the contact information for the engineering firm that prepared the stormwater management/drainage report;
iv.
A calculations sheet that shows:
a.
Time concentration estimates;
b.
Runoff coefficient assumptions; and
c.
Storage volume calculations.
d.
Stormwater management/drainage facilities shall be provided and constructed at the expense of the applicant pursuant to City stormwater management policy and as specified by the City Engineer. The applicant shall be solely responsible for the design and installation of drainage facilities so as to prevent flooding or like damage to any abutting property.
8.
Environmental Safety.
Subdivision and site plan applications must be accompanied by a stormwater management plan for the development construction phase, to include silt fencing, hay bales, or other proven practices of runoff mitigation measures.
C.
Low Impact Development (LID).
1.
Allowed LID Techniques.
The following are techniques that can be used to minimize the impact of impervious surfaces by reducing connected impervious surfaces to a minimum, thereby reducing the area and cost of mitigation techniques:
a.
Water Gardens.
Convey drainage from rooftops or drives to water gardens. The water garden shall be landscaped with natural vegetation that includes unmowed ground covers and woody plants that can tolerate periodic inundation. When conveying the roof runoff to open spaces with natural vegetation, care must be taken to assure sheet flow, not channelized flow, to prevent erosion.
b.
Rain Barrels or Cisterns.
Rain barrels or cisterns can be designed into the buildings or yards so that roof runoff is directed to these storage facilities and used for beneficial purposes such as lawn watering, vehicle washing, or other nonpotable purposes. A variety of commercial products are available for this purpose. Their installation must be partly assured by the subdivider’s surety.
c.
Pervious Pavements.
Residential driveways and nonresidential and mixed-use parking spaces (not access or parking aisles, nor ADA parking spaces, or loading areas) may be constructed from pervious concrete to provide infiltration of runoff. Pervious concrete or asphalt is recommended for minor roads or heavily used parking areas. Concrete or other containment structures that hold gravel or turf are recommended for driveways or low use parking areas.
d.
Vegetated Swales.
These shall be used unless the subdivider can show they are impractical or that the slopes would result in erosion.
e.
Swale Blocks.
The swale block is installed at intervals along a vegetated swale to allow the water to build up into a series of pools, slowing water flow and allowing the vegetation to assist in cleaning the water and settling out solids. The blocks shall be slotted to allow them to drain down and have a notch to permit maximum flows during the 50-year storm without overflowing the swale. Their use slows flows and decreases pollutant loading and the detention facilities shall be sized to account for the reduction in flows.
f.
Curb and Gutter.
Curb and gutter systems and their associated storm sewer system are undesirable because they greatly increase peak discharge rate and prevent infiltration or treatment of stormwater. Curb and gutter systems shall be used only where needed to contain parking, when swales cannot safely convey the volume and peak discharge rate of stormwater without erosion, or where curbs are needed to contain parking on streets. When roads transverse open space areas, curbs shall be removed. Streets can be narrowed and parking provided in bays, allowing parking to be prohibited. This eliminates the need for curbs.
g.
Curbs without Storm Sewers.
Where curbs are required for parking containment, they should be designed with slots or discharge sections to convey the stormwater to swales.
h.
Green Roofs.
The use of green roofs, roofs that have been planted in vegetation, shall be strongly encouraged for buildings with roof areas in excess of 40,000 square feet. These provide both stormwater storage and cleaning of the water.
2.
Requirements.
Low impact development strategies may be used as part of an overall stormwater management program for a parcel proposed for development. Use of such strategies, including integration into landscape areas and on-lot open spaces, shall be designed and incorporated into the overall stormwater management/drainage report (set out in subsection B., above) and as applicable, a landscape plan (set out in Section 7.102, Landscape Plan Approval).
(Ordinance 2015-30 adopted 10/30/15)
§ 9.101 Purpose, Intent, Authority, and Applicability.
A.
Purpose.
It is the purpose of this Article to provide uniform sign standards which promote a positive City image reflecting order, harmony, and pride, thereby strengthening the economic stability of the City’s business, cultural, and residential areas.
B.
Intent.
It is the intent of this Article to provide comprehensive regulation of signs, including the erection, alteration, and maintenance of all types of billboards, signs, bills, and posters within the City limits, in order to protect and enhance the health, safety, and welfare of the general public, and provide such comprehensive regulations in a manner which will be compatible with all applicable City ordinances.
C.
Authority.
The City Council finds that:
1.
The City has the authority to regulate signs under the United States Constitution, the Constitution of the State of Texas, and the City of Cuero Home Rule Charter;
2.
This Article advances important and substantial governmental interests;
3.
The regulations set out in this Article are unrelated to the suppression of constitutionally protected free expression and do not involve the content of protected messages that may be displayed on signs;
4.
The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by this Article; and
5.
Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful and accessible to minors may be prohibited.
D.
Applicability.
1.
Generally.
All construction, relocation, enlargement, alteration, and modification of signs within the City shall conform to the requirements of this Article and all state and federal regulations concerning signs and advertising, and applicable building codes as adopted by the City in Chapter 150, Building Regulations, [Article 4.02] of the Cuero Code of Ordinances, as may be amended from time to time.
2.
Signs Permitted Before Effective Date.
a.
The provisions of this Article shall not apply to on-premise signs in existence on April 6, 1995, except in the following circumstances:
b.
If a permit for a sign has been issued in accordance with all City ordinances in effect prior to the effective date of this UDC, and provided that construction is begun within six months of the effective date of this UDC and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions of this UDC regarding nonconforming signs.
3.
Relationship to Other Regulations.
These regulations recognize that there are other regulations that pertain to signage (e.g., Chapter 216, Regulation of Signs by Municipalities, of the Tex. Local Gov’t Code, as amended from time to time). Where any provision of this Article covers the same subject matter as other regulations, the more restrictive regulation shall apply.
E.
Sign Permit Required.
Unless exempted in Subsection F., Signs that Do Not Require a Sign Permit, of this Section, approval of a sign shall be by sign permit, which may be issued simultaneously with a separate building permit (see also Section 14.304D, Sign Permits).
F.
Signs that Do Not Require a Sign Permit.
1.
Address Signs.
Address signs on the facade of the residential or nonresidential building, as long as they do not exceed more than 14 inches in height.
2.
Carried Signs.
Signs that are being carried by people (however, such signs are not exempt if they are set down or propped up against objects).
3.
Construction Signs.
Signs located on residential lots shall not exceed six square feet in area, provided the sign is confined to the site of construction, there is only one sign per street front of the property under construction, and the sign is not illuminated.
4.
Decorative Signs.
Clearly incidental, customary and commonly associated with a holiday, provided that such signs shall be displayed for a period of not more than 60 consecutive days nor more than 60 total days in any one year.
5.
Holiday Decorations.
Holiday decorations that are displayed for not more than two months per year.
6.
Integral Signs.
Signs for public assembly facilities that are etched into stone, concrete, or another building material, or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached, provided the sign does not exceed six square feet.
7.
Interior Signs.
Signs that are not visible from residential lots, abutting property, or public rights-of-way.
8.
Official and Legal Notice.
Official and legal notice signs that are issued by any court, public body, person, or officer in performance of a public duty, or in giving any legal notice, including signs that are required to be posted to give notice of pending action pursuant to this UDC.
9.
Official Flags.
One duly adopted official flag of each the nation, state, county, or City, illuminated or non-illuminated, may be flown on a property provided the flag is affixed to a permanent flagpole or flagpoles that are mounted to a building (either temporary or permanent), and provided the flag does not encroach across property boundaries. The maximum allowable square footage of the flag is to be determined by the maximum building height permitted and the size of the flagpole in the designated zoning district.
10.
Signs with De Minimus Area.
Signs that are affixed to a building or structure (even if wall signs are not permitted in the district or for the use), which do not exceed one square foot in sign area, provided that only one such sign is present on each elevation that is visible from public rights-of-way or neighboring property; and signs that are less than three-fourths of a square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets.
11.
Traffic-Control Signs.
Traffic-control signs and other signs related to public safety that the City or another jurisdiction installs or requires a developer to install.
12.
Unofficial Flags.
Up to a maximum of three unofficial flags may be flown on a property provided the flag(s) are attached to a permanent flagpole or a flagpole that is mounted to the building (temporary or permanent), and provided the flag(s) do not encroach across property boundaries. The maximum allowable square footage of the flag is to be determined by the maximum building height permitted and the size of the flagpole in the designated zoning district.
13.
Way-finding Signs.
Signs located throughout a property for the individual, sole purpose of directing traffic flow or indicating the locations of buildings or departments and services within the development, provided such signs do not exceed six square feet in sign area or a maximum height of five feet. Way-finding signs may be illuminated or non-illuminated and must observe the applicable setbacks and the provisions of Section 8.102E., Sight Distance Triangle Requirements.
(Ordinance 2015-30 adopted 10/30/15)
§ 9.102 Prohibited Signs and Design Elements.
A.
Generally.
This Section identifies signs and sign elements that are not allowed anywhere in the City.
B.
Prohibited Signs.
1.
Mobile, portable, or wheeled signs.
2.
Posters, pennants, ribbons, streamers, strings of light bulbs, spinners or other moving devices.
3.
Any sign in danger of falling or which is otherwise unsafe. Such signs shall be immediately repaired or removed, upon notice for such action by the Building Official to the owner or occupant of the premises on which the sign is located.
4.
Off-premise signs, including billboard signs. There shall be no new construction or placement of any off-premises sign within the City limits except: A noncommercial message may be placed on any off-premises sign and displayed for no more than 30 days in any six-month period. A noncommercial message is a message other than that considered to be commercial advertising for a business.
5.
Pre-existing, nonconforming billboard signs cannot be converted to an electronic changeable message (digital) billboard format.
6.
Relocation of pre-existing, nonconforming billboard signs is prohibited unless it is required by construction of a project using public funding provided that such relocation is restricted to a limited period of time.
7.
Signs erected or maintained on trees, or painted or drawn upon rocks or other natural features.
8.
Signs placed on parked vehicles or trailers for the purpose of advertising a product or business located on the same or abutting property, excepting an identification sign that is affixed to a vehicle regularly operated in the pursuance of day-to-day business or activity of an enterprise.
9.
Signs placed, inscribed or supported upon a roof or upon any structure that extends above the roof line of any building.
10.
Inflatable images.
11.
Signs containing flashing, moving, intermittent, or running lights or which imitate traffic-control devices (in size, color, lettering, or design), provided however, that electronic changeable copy signs shall be permitted per this Division.
12.
Signs that employ any part or element which revolves, rotates, whirls, spins or otherwise makes use of motion to attract attention.
13.
Beacons or searchlights.
14.
High intensity strobe lights.
15.
Signs with more than two sign faces.
16.
Signs on public property. Any signs found upon any public property may be removed by the City.
17.
Tree-cutting or similar clearing of vegetation on public rights-of-way to provide better view of off-premises signs is prohibited.
C.
Prohibited Sign Materials.
Paper and cloth signs are not suitable and shall not be used for exterior use (except high quality, weather-resistant cloth for awnings). Wood signs must be sealed and maintained to keep moisture from deteriorating the sign. Signs may not be constructed of plywood or particle board, by simply painting letters on wood, or using “sticker” letters. Commercial grade vinyl letters applied onto glass are permissible.
D.
Prohibited Design Elements.
1.
The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent:
a.
Sound, smoke, or odor emitters;
b.
Awnings that are backlit and/or made of plastic or vinyl;
c.
Stacked products (e.g., tires, soft drink cases, bagged soil or mulch);
d.
Unfinished wood support structures, except that stake signs may use unfinished stakes.
e.
Street or other furniture items (bus shelters, park benches, transit stations, trash receptacles, directional kiosks, etc.).
2.
The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent, which are visible from public rights-of-way:
a.
Flags, banners, or comparable elements that are designed to move in the wind, but only when such elements are attached to another sign type (e.g., flags may be attached to flagpoles, but may not be attached to monument signs).
b.
Revolving, rotating, whirling, spinning, or other moving parts to attract attention.
c.
Bare light bulbs, except on holiday displays which are exempted from regulation by Section 9.101F, Signs that Do Not Require a Permit, or those used in the restoration or reproduction of nostalgic historical displays of a past era.
d.
Flashing lights, except on holiday displays which are exempted from regulation by Section 9.101F, Signs that Do Not Require a Permit.
f.
Semi-trailers, shipping containers, or portable storage units, unless:
i.
The trailers, containers, or portable storage units are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags;
ii.
The display of signage is incidental to the use for temporary storage, pickup, or delivery; and
iii.
The semi-trailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage.
E.
Prohibited Content.
1.
The following content is prohibited without reference to the viewpoint of the individual speaker:
a.
Text or graphics of an indecent or immoral nature and harmful to minors;
b.
Text or graphics that advertise unlawful activity;
c.
Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or
d.
Text or graphics that present a clear and present danger due to their potential confusion with traffic-control signs or signs that provide public safety information (for example, signs that use the words “Stop,” “Yield,” “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
2.
The narrow classifications of content that are prohibited by this subsection are either not protected by the United States or Texas Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each paragraph of this subsection be individually severable in the event that a court of competent jurisdiction is to hold one or more of them to be inconsistent with the United States or Texas Constitutions.
F.
Abatement of Prohibited Signs.
1.
All signs, sign structures, and supports placed upon or projecting across public property, or right-of-way, as of April 6, 1995, shall be removed in accordance with the following:
a.
Those which present a danger to persons or property because of their condition may be removed immediately by the City Manager, and stored at the owner’s expense.
b.
Those which may present a visual obstruction to traffic, as determined by the City Engineer or such engineer’s representative, may be removed immediately by the City Manager, and stored at the owner’s expense.
c.
All other such signs which become abandoned signs after such date shall be removed by the owner or user thereof within 30 days after written notice to remove is given by the City Manager. The City Manager may cause the removal of any such sign remaining after such time, to be stored at the owner’s expense.
2.
Any sign constructed, installed, or erected after April 6, 1995, which becomes in violation of a restriction contained herein shall be made to conform to such restriction within six months after it becomes in violation, or such sign shall be removed. The City Manager may cause the removal of any such sign remaining after such time, to be stored at the owner’s expense.
3.
Any sign which presents a danger to persons or property because of its condition may be removed by the City Manager and stored at the owner’s expense.
4.
All signs shall be maintained in good condition in terms of structure and appearance. No sign owner or user shall allow the copy or face of a sign to become torn, cracked, or otherwise dilapidated. Upon the second or subsequent conviction of the owner or user of a sign for violation of this provision in the municipal court, the court may order the removal of such sign by the City Manager.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2017-09, sec. 2, adopted 4/11/17)
§ 9.103 Sign Measurements.
A.
Generally.
The area of signs that are permitted in Division 9.200, Permanent and Temporary Signs, shall be measured as follows:
1.
The total area of all signs permitted on a lot shall include the area of all sign faces visible from public right-of-way, including signs placed on windows or doors, but shall not include directional signs that are less than three square feet in area.
2.
The frontage of a nonresidential or mixed-use building is equal to the number of linear feet of the facade facing the principal street or containing the main entrance, as determined by the Building Official.
3.
The frontage of an undeveloped lot is the dimension of the lot abutting the principal street.
B.
Sign Area.
1.
Generally.
The area of a sign shall be measured by a perimeter enclosing the outer limits of text or graphics, together with any frame that differentiates the sign from the background, but excluding the supports on which the sign is placed. Channel letters or other sign elements placed on a wall without a frame or background shall include the area that encloses all lettering, including the space between letters, words, and other sign elements (see Figure 9.103A, Sign Area, Generally, for area enclosed by red line).
Figure 9.103A Sign Area, Generally |
 |
 |
Note: The areas of these sign types is calculated as A x B, or in the case of a round sign, as the area measured by the radii of the sign. |
2.
Double-Faced Signs.
For double-faced signs, one display face is measured in computing sign area when the sign faces are parallel, or where the interior angle is 60 degrees or less, provided that the signs are mounted on the same sign base. If the two faces are of unequal area, the area of the sign is that of the larger face.
C.
Clearance.
Clearance is the distance measured between the bottom of a sign and the nearest point on the ground surface beneath it.
D.
Sign Height.
Sign height shall be computed as the vertical distance from either:
1.
The finished grade at the base of the sign; or
2.
The centerline of the nearest road to which the sign is oriented and on which the lot has frontage, to the highest component of the sign, as determined by the Building Official. For purposes of determining sign height, finished grade shall be the grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
(Ordinance 2015-30 adopted 10/30/15)
§ 9.104 Sign Maintenance and Removal.
A.
Generally.
Signs and the ground area around signs shall be maintained as provided in this Section. These regulations apply to all signs, temporary or permanent, attached or detached, unless otherwise specifically provided herein. Signs that do not have a permit, or are not maintained as set out in subsection B., below, are subject to the provisions set out in subsections C. or D., below.
B.
Required Maintenance.
1.
Code Compliance.
All signs shall be constructed and installed in accordance with applicable provisions of this UDC, as well as any other applicable ordinance adopted by the City.
2.
Message.
Signs shall display a message. Signs that do not display a message shall be removed in accordance with subsection D. [E.], below.
3.
Sign Face and Structure.
The materials of the sign face and structure shall be maintained in a good condition (e.g., not broken, cracked, chipped, torn, discolored, unlevel, or otherwise excessively weathered).
4.
Ground Area.
The ground area around any freestanding (detached) sign shall be kept free and clean of weeds, trash, or other debris.
C.
Violations.
Any sign constructed, installed, or erected after April 6, 1995, which becomes in violation of a restriction contained in this Article shall be made to conform to such restriction within 30 days after it becomes in violation.
D.
Penalty.
Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined any sum not to exceed $1,000 as provided. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
E.
Removal.
1.
Sign Removal Without Compensation.
a.
As set out in Section 216.003, Municipal Regulation, of the Tex. Local Gov’t Code, the City Manager may require the relocation, reconstruction, or removal of any freestanding on-premise sign without compensation not sooner than the first anniversary date the business, person, or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located.
b.
If the premises containing the sign or sign structure is leased, the City Manager may not require the relocation, reconstruction, or removal until the second anniversary after the date the most recent tenant ceases to operate on the premises.
c.
The date to which the City starts the one-year or two-year timeframe is from the sooner of the following:
2.
Sign Removal With Compensation.
The City may require the relocation, reconstruction, or removal of any on-premise sign with compensation as set out in Chapter 216, Regulations of Signs by Municipalities, of the Tex. Local Gov’t Code.
(Ordinance 2015-30 adopted 10/30/15)
§ 9.201 Residential District Signs.
A.
Generally.
1.
This Section only applies to multi-family uses, manufactured home parks or subdivisions, recreational vehicle parks, and/or entrance monuments for subdivisions with a property owners’ association.
2.
Permanent signs located within the residential districts, or multi-family uses in nonresidential districts, require the approval of a sign permit as set out in Section 14.304D., Sign Permits, and shall comply with the standards of this Section.
B.
Standards.
1.
Subdivision Entrance Signs.
a.
A residential subdivision containing more than 10 dwelling units may be permitted one freestanding monument sign at each entrance to the subdivision provided that:
b.
In lieu of a standard two-sided monument sign, a qualifying residential subdivision which has decorative entrance walls may be permitted one sign, not exceeding 25 feet in area, mounted on the decorative wall on each side of the main entrance to the subdivision.
2.
Commercial Uses of the Home Signs.
Approved home occupation and child-care facilities may be permitted one sign, which may be either a wall or monument sign, provided that such sign shall not exceed a maximum of four square feet in area and six feet in height, and shall be located at least 10 feet from any street right-of-way and 25 feet from any side lot line.
3.
Nonresidential Use Signs.
Public schools and other nonresidential limited and conditionally permitted uses are allowed:
a.
One wall sign which shall not exceed one-half square foot in area for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance as determined by the Building Official; and
b.
One monument sign which shall not exceed 25 square feet in area and six feet in height. Such signs shall be located at least 10 feet from any street right-of-way and 25 feet from any residentially used or zoned property line. Such signs may be a changeable copy sign provided that they comply with all of the requirements for changeable copy signs as set forth in Section 9.203, Changeable Copy Signs.
(Ordinance 2015-30 adopted 10/30/15)
§ 9.202 Nonresidential and Mixed-Use District Permanent Signs.
A.
Generally.
Permanent signs located within the nonresidential and mixed-use districts require the approval of a sign permit as set out in Section 14.304D., Sign Permits, and shall comply with the standards of this Section.
B.
Sign Area Limitations.
The total area of all signs shall not exceed the number of square feet indicated in the following formulas:
1.
Total Signage Area.
a.
The aggregate area of all permanent signs for each use, parcel, building, or land under common ownership of record or control shall not exceed one and one-half square feet for each lineal foot of lot frontage, subject to the following:
i.
A minimum combined area of 85 square feet shall be allowed for all lots regardless of frontage.
ii.
For lots with spaces for more than one business or activity, in which at least 50 percent of the business or activity spaces are occupied as of April 6, 1995, such area restriction shall not apply to signs other than freestanding signs used on such lot.
b.
Buildings or parcels having frontage or a facade facing a second street, may increase the permitted total aggregate sign area allowed for permanent signs in subsection B.1.a., of this Section, by 25 percent.
2.
Multi-Tenant, Multi-Unit, and Multi-Building Uses.
Calculating allowable sign area per each unit or building shall be as follows:
a.
New Development.
i.
For parcels proposed for development, the developer shall prepare and submit as part of the site plan, an overall sign program that specifies the amount of sign area that is reserved for signing the overall development (i.e., freestanding monument signs along frontages, on-site directional signage, etc.). As part of the sign program, the developer has to specify the amount of sign area to be allocated to each unit or building (if any) used in signs for the overall development (e.g., individual placards on freestanding monument signs at the entrance to the development).
ii.
The remaining sign area not reserved for the entire development shall be divided and allocated proportionally between each unit or building (as applicable) based on the lineal frontage of the building which constitutes the main access to each unit or building.
b.
Existing Development.
i.
In existing development (e.g., shopping centers) where the sign area was calculated based on the overall lineal frontage of the property, the existing sign area for each unit of the building shall remain proportionally the same as the amount of signage that was originally allocated to that individual unit or building.
ii.
In existing development where a new tenant takes occupancy in a unit or building in which the original allocation of sign area is not able to be determined, the Zoning Board of Adjustment may grant a variance allowing that individual unit or building a maximum sign area equal to the proportional sign area allowed for individual units or buildings as set out in subsection B.2.a., New Development, above. This allowance can occur even if the additional sign area causes the sign area for the overall development to exceed its maximum allowable sign area.
iii.
For existing development which is further divided into smaller units or tenant spaces, the maximum allowable sign area for each subdivided unit or tenant space shall remain as calculated in subsection B.2.b.i or B.2.b.ii., above.
C.
Permanent Signs.
Total permanent sign area may be allocated to any or all of the following sign types subject to the following restrictions and requirements:
1.
Wall Signs.
In all nonresidential or mixed-use districts, wall signs shall comply with the following:
a.
One wall sign shall be permitted for each building, or one per each business or activity in a mixed-use, multi-tenant, multi-unit, or multi-building development.
b.
Wall signs shall not project more than 18 inches in front of the building wall nor beyond any building corner.
c.
Wall signs shall not extend above the height of the building.
2.
Marquee Signs.
Only in the C-2 district, marquee signs shall comply with the following:
a.
One marquee sign shall be permitted for each building, or one per each business or activity in a mixed-use, multi-tenant, multi-unit, or multi-building development.
3.
Projecting Signs.
Only in the C-2 district, projecting signs shall comply with the following:
4.
Window Signs.
In all nonresidential or mixed-use districts, window signs shall comply with the following:
5.
Freestanding Pole or Pylon Signs.
In all nonresidential or mixed-use districts, except the C-2 district, freestanding pole or pylon signs shall comply with the following:
a.
Only one sign shall be allowed on each lot which fronts the right-of-way of only one public street. For lots fronting on more than one public street, the allowable sign area in Subsection 5.b, below, may be divided between two freestanding pole or pylon signs oriented toward different streets.
b.
The maximum area of such sign or signs shall be one-half of the combined sign area allowed for the lot.
c.
For corner lots fronting on two intersecting streets, one freestanding pole or pylon sign may be located at the corner of such a lot, subject to setback requirements in Subsection 5.e, below. All other freestanding pole or pylon signs shall be located within the middle two quarters of the front lot width.
d.
The maximum height of a freestanding pole or pylon sign shall vary directly with the setback of the sign, according to the following formula: maximum height = setback + five feet to an absolute maximum height of 30 feet.
e.
The minimum setback for on-premise signs shall be 10 feet; provided that directional signs not more than three feet in height may be placed within such setback, and shall not be counted against the allowable combined sign area.
6.
Freestanding Monument Signs.
In all nonresidential or mixed-use districts, except the C-2 district, freestanding monument signs shall comply with the following:
a.
Location.
i.
Freestanding monument signs shall only be placed between the property line and the applicable building or parking setback area (i.e., behind street bufferyards).
ii.
Freestanding monument signs shall not be located closer than five feet from the lot line of another nonresidential or mixed-use lot, nor within 50 feet of another nonresidential or mixed-use freestanding monument sign, nor within 25 feet from a lot used for residential purposes. These separation requirements shall not preclude each nonresidential or mixed-use property owner from having at least one sign, provided however, that any sign not meeting the separation distance requirements of this subsection, shall have the sign located as far away from the existing sign on the abutting property as practically possible.
b.
Design.
i.
All freestanding monument signs shall be located on a sign base constructed of concrete at least six inches thick, but less than 18 inches in height.
ii.
All freestanding monument signs serving buildings with a combined square footage of 15,000 square feet or greater shall be designed using the same building materials as used on the principal building on the property for which it advertises.
iii.
Sign face maximum, as set out below, are per sign face if configured on a single back-to-back freestanding sign.
iv.
No freestanding monument sign shall contain more than two sign faces.
v.
No portion of the sign face may extend past the sign base.
c.
Maximum size.
Not including the square footage of buildings on outparcels, such signs shall not exceed:
i.
Buildings with combined square footage less than 15,000 square feet: 36 square feet in sign area per sign face and not to exceed four feet in height.
ii.
Buildings with combined square footage 15,000 square feet to less than 60,000 square feet: 64 square feet in sign area per sign face and not to exceed 8 feet in height.
iii.
Buildings with a combined square footage greater than 60,000 square feet: 80 square feet in sign area per sign face and not to exceed 10 feet in height.
d.
Landscaping.
i.
Landscaping comprised of grass, flowers, shrubs, or small trees, shall be installed and maintained around the perimeter of each freestanding monument sign in an area equal to the area of the sign face, provided however, that the maximum amount of landscaping required around the base of any sign shall not exceed 100 square feet (see Section 7.104, Selection of Plant Material).
ii.
Landscaping installed around a freestanding monument sign can be counted towards meeting minimum planting requirements as long as it complies with the provisions of Article 7, Landscaping, Buffering, and Tree Protection.
(Ordinance 2015-30 adopted 10/30/15)
§ 9.203 Changeable Copy Signs.
A.
Generally.
Manual and electronic changeable copy signs may be incorporated into signage as set out in this Section.
B.
All Changeable Copy Signs.
1.
Required Enclosure.
Manual and electronic changeable copy signs are only permitted on monument signs or marquee signs which enclose the changeable copy message component on all sides with a finish of brick, stone, stucco, powder coated (or comparably finished) metal, or other approved material sign face that extends not less than six inches from the message display in all directions. Gaps between the changeable copy component of the sign and the finish of the sign structure is permitted to accommodate locks and hinges for a cover for the changeable copy area, but only to the extent necessary for such locks and hinges to operate.
2.
Maximum Number.
Only one manual or electronic changeable copy component of a sign is allowed per lot.
3.
Maximum Changeable Copy Sign Face.
Manual and electronic changeable copy components of overall signs, including their frames, shall make up not more than 50 percent of the allowable sign area on a monument sign and 75 percent on a marquee sign. The balance of the sign area shall utilize permanently affixed letters or symbols (see Figure 9.203, Example Changeable Copy Sign Areas).
Figure 9.203 Example Changeable Copy Sign Area |
Manual Changeable Copy Sign  |
Electronic Changeable Copy Sign  |
C.
Manual Changeable Copy Signs.
In addition to the standards that apply to all changeable copy signs (as set out in subsection B., All Changeable Copy Signs, of this Section), manual changeable copy signs shall comply with the following:
1.
Quality of Lettering.
Lettering shall be of a single style and shall be of uniform color and size.
2.
Internal Illumination.
Manual changeable copy signs shall not be internally lit unless:
a.
They use opaque inserts with translucent letters, numbers, or symbols;
b.
Blank opaque inserts that are the same color as the opaque portions of the letters, numbers, and symbols are used over all areas of the sign where copy is not present; and
c.
The opaque portion of the letters, numbers, and symbols is the same color.
D.
Electronic Changeable Copy Signs.
In addition to the standards that apply to all changeable copy signs (as set out in subsection B., All Changeable Copy Signs, of this Section), electronic changeable copy signs shall comply with the following:
1.
Display Standards.
Electronic message displays shall:
a.
Contain a static message that may only be monochrome, variable shades, or full color.
b.
Contain a default design that will freeze the sign in one position with no more illumination than 0.3 footcandles above ambient light if a malfunction occurs.
c.
Display messages for a period of not less than eight seconds and the change sequence must be accomplished within an interval of two seconds or less.
d.
Not use transitions or frame effects between messages.
e.
Not include animation, video, audio, pyrotechnic, or bluecasting (bluetooth advertising) components.
2.
Hours of Operation.
a.
Electronic message displays shall be turned off each day by the later of 11:00 PM or upon closing of the associated land use (signs may be turned back on at 5:00 AM).
b.
When located within 200 feet of a residential use or district, electronic message displays shall be turned off each day by no later than 9:00 PM and may be turned back on no earlier than 7:00 AM.
3.
Lighting.
Electronic display messages shall:
a.
Not exceed 0.3 footcandles above ambient light when measured from a specified distance. This measurement calculates the illumination of the sign and incorporates a scientific formula to ensure consistency of the measurement when applied to electronic display messages of all varying sizes and resolutions. The instrument to measure the illuminance of electronic message centers shall be an illuminance meter more commonly referred to as a lux or footcandle meter. The illuminance meter must have the ability to provide a reading up to two decimal places and must be set to read footcandles. The method to calculate the appropriate distance from which the illuminance shall be measured is the square root of the area of the electronic message display component times 100.
b.
Be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with a maximum illumination of 0.3 footcandle over ambient light conditions.
(Ordinance 2015-30 adopted 10/30/15)
§ 9.204 Temporary Signs.
A.
Generally.
Temporary signs are permitted subject to the standards of this Section and require the approval of a temporary sign permit as set out in Section 14.304D, Sign Permits, unless otherwise specified.
B.
Residential Districts.
Garage sale signs are permitted without a sign permit as long as the garage sale[s] are in conformance with Chapter 101, Garage Sales, [Article 5.02] of the Cuero Code of Ordinances.
C.
Nonresidential and Mixed-Use Districts.
Each nonresidential or mixed-use property is allowed one temporary sign (e.g., a banner) that may be displayed for a period of not more than 30 days every six months for grand openings or other temporary, short-term promotional advertisements, provided that:
D.
Enforcement.
Temporary signs that are installed improperly or illegally will be removed by the City and the violators will be notified of such violation. If it is determined that the sign cannot be easily removed, the Building Official, or a designee, will notify the offender of their temporary sign violation. Offenders will have two business days to remove the sign. If the sign is not removed within this time period they are subject to enforcement actions as set out in Article 15, Enforcement and Legal Status.
(Ordinance 2015-30 adopted 10/30/15)