2. Purposes. In addition to the applicable statements in Sec. 14.101.2, Purposes, the purposes of this Article are to:

1. 1. General. 

1. 1. 1. Enhance and protect the aesthetic interests of the community;
      2. Protect property values and lessen the impact nonresidential and mixed use properties may have on surrounding residential development; and
      3. Promote economic development by making the community a more desirable place to live and shop.

1. 2. Design Standards. 

1. 1. 1. Provide for the structural integrity, safety, durability, and improved maintenance of the facades of buildings;
      2. Prevent monotony in residential and nonresidential areas, while promoting coordinated design, visual interest, articulation, and human scale for the façade of a building; and
      3. Ensure that nonresidential and mixed-use development includes high-quality, well-designed buildings and sites that contribute to the character of the community.

1. 3. Trees, Landscaping, and Buffering.
      1. Establish requirements for the installation and maintenance of landscaping on developed properties in order to improve, protect, and preserve the appearance, character and value of such properties and their surrounding neighborhoods,
      2. Aid in stabilizing the environment’s ecological balance by contributing to the process of air purification, oxygen regeneration, stormwater runoff retardation and groundwater recharge;
      3. Aid in the abatement of noise, glare and heat;
      4. Aid in energy conservation;
      5. Provide visual buffering, and provide contrast and relief from the built-up environment; and
      6. Protect and enhance property values and public and private investment, and enhance the beautification of the city.

1. 4. Parking, Loading, Stacking, and Access.
      1. Require adequate and sufficient off-street parking;
      2. Protect the character and quality of life in the residential neighborhoods from overflow parking;
      3. Ensure that loading areas do not interfere with the function of other vehicular use areas and with surrounding properties;
      4. Require stacking areas to ensure safe and efficient circulation within sites that contain drive-in or drive-through uses;
      5. Manage access in order to maintain the desired function and safety of the adjacent streets;
      6. Abate dust, standing water and the associated health and safety risks resulting from unpaved vehicle use areas; and
      7. Prevent the tracking of gravel and mud onto public streets from unpaved vehicle use areas, which may result in unsafe driving conditions and unnecessary deterioration of public improvements.

1. 5. Signs.

1. 1. 1. Balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;

1. 1. 2. Reduce sign clutter, design elements that contribute to distracted driving, and traffic hazards;

1. 1. 3. Preserve the right of free speech exercised through the use of signs containing noncommercial messages; and
      4. Regulate the number, size, scale, proportions, design, and balance of signs according to content-neutral standards.

1. 6. Outdoor Lighting. Prevent lighted sites from creating light pollution and off-site glare in ways that constitute a hazard to public safety or an interference with the use, value, and enjoyment of nearby properties.

3. Timing of Compliance. No certificate of occupancy shall be issued until all site improvements required in this Article are constructed in conformance with the approved permit or plan required in Article 14.600, Development Review Procedures.
    

Effective on: 5/20/2019

2. Primary Materials. For the purposes of this Section, the following are deemed primary materials:

1. 1. Brick, including thin brick;
   2. Natural or manufactured stone;
   3. Pre-cast concrete panel, provided it has an integrated color and is textured or patterned to appear like brick or stone;
   4. Stucco with a weather barrier layer and wall drainage system; and
   5. Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks

3. Secondary Materials. For the purposes of this Section, the following are deemed secondary materials.

1. 1. Embossed or pre-finished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved by the Director;
   2. Masonry or cement fiberboard siding that, for residential applications, is manufactured and installed in traditional profiles such as four-inch to eight-inch horizontal beveled or shake;

1. 3. Glass;
   4. Tile;
   5. Stainless steel; 
   6. Chrome;
   7. Wood; and
   8. Smooth-faced, finished concrete masonry units.

4. Painting. Natural or manufactured stone shall not be painted.
5. Ground-Mounted Equipment. Mechanical equipment mounted on the ground and associated with apartments, nonresidential and mixed use buildings, including, but not limited to, HVAC systems and meter banks, shall be screened from view from public and private streets by landscaping or screening walls. 

6. Roof-Mounted Equipment. Mechanical equipment mounted on the roofs on apartments and nonresidential and mixed use buildings shall be screened from all ground-level views by:
   1. Parapet walls, which shall include cornice treatments that are of adequate height to screen the equipment (a slope of one-foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); 
   2. Screening walls of an adequate height to hide the roof-mounted equipment, which shall be constructed of materials and of a color that is consistent with and compatible with the design of the buildings; or
   3. Sloped roof systems or other architectural elements of adequate height to hide the equipment from public view.

7. Exemption. A building wall is exempt from the requirements of this Section under the following circumstances:

1. 1. The subject property is zoned IN, Industrial;
   2. The building walls are not visible from an existing expressway, Major Arterial, or Minor Arterial nor are they adjacent to a proposed street of such classifications on the Major Thoroughfare Plan; and
   3. The building contains uses in the following use categories:
      1. Heavy Industrial Use Category;
      2. Light Industrial Use Category;
      3. Warehousing and Freight Movement Use Category; or
      4. Wholesale Trade Use Category.

8. Alternative Building Materials and Forms . The Director may approve alternative building materials and forms not specified in this Section if the Director determines that, compared to the permitted primary and secondary materials, the alternative:
   1. Is substantially equal to or better in quality, durability, and appearance and will not violate any provision of this Section;

   2. Is proposed in order to achieve a minimum bronze certification in Leadership in Energy and Environmental Design ("LEED"), and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists; or

   3. Is part of a building that is certified by the Environmental Protection Agency as designed to earn an  ENERGY STAR rating, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted in this Section.

Effective on: 5/20/2019

1. 1. Common Open Space. Where units are designed to face upon a common open space, the common open space shall be at least 40 feet wide along the adjacent residential property line.
   2. Placement of Buildings. The placement of a principal building in a perpendicular or sideways orientation on an interior or through lot is prohibited (see Figure 14.202.2-1, Building Placement).

1. 3. Exterior Wall Finish Materials. Table 14.202.2-1, Residential Exterior Wall Finish Materials, below, establishes building material requirements of exterior walls, exclusive of windows or door openings.  

1. 4.   Garage Door Orientation. Garage doors on a single-family or duplex dwelling on a lot less than one acre in area shall be oriented in one of the manners depicted in Table 14.202.2-2, Garage Orientation. 

Table 14.202.2-2, Garage Orientation
Requirements	Illustration
Semi-Flush. Garage doors oriented toward the street shall be positioned semi-flush or recessed. Semi-flush doors shall be a minimum of five feet and a maximum of 20 feet behind the front wall plane of the residence. Semi-flush doors may extend a maximum 40% of the width of the residence. No individual semi-flush garage door may exceed 12 feet in width.
Recessed.  Garage doors oriented toward the street shall be positioned semi-flush or recessed. Recessed doors shall be a minimum of 20 feet behind the front wall plane of the residence. There is no restriction on maximum recessed garage door width.
Side-Loaded. Garage doors oriented perpendicular to the front wall plane have no restrictions on door width or recessed position.
Detached. Detached garages placed entirely to the rear of the house have no restrictions on door width or recessed position.  Detached garages that are closer to the street than the rearmost portion of the residence shall be a minimum of 20 feet behind the front wall plane of the residence.

2. Patio Home. In addition to the applicable standards in Subsection A, General, above, the following provisions apply to patio homes. 
   1. Maintenance Easement. The subdivider shall provide a six-foot maintenance easement on each lot adjacent to the zero side setback . All zero lot lines shall be indicated on the preliminary and final plat. The easement on the adjacent property shall provide a minimum of five feet of unobstructed space. 
   2. Windows, Doors, and Other Openings. No windows, doors, or other openings shall be allowed on the building along the zero side setback except for windows that do not allow visibility into the side setback of the adjacent property, such as clerestory, frosted, glass block, or translucent windows. 

1. 3. Eaves Prohibited. Eaves are prohibited on the portion of the building along the zero side setback.

3. Industrialized Housing. In addition to the applicable standards in Subsection A, General, above, the following provisions apply to industrialized housing / modular homes. 

1. 1. IHB Program. Industrialized housing must be constructed to meet or exceed the requirements and standards of the Texas Industrialized Housing and Buildings (IHB) program.
   2. Building Code. Industrialized housing erected or installed in the City limits must be constructed to meet or exceed the requirements and building code standards of the City.
   3. State Statutes. In accordance with Sec. 1202.253, Municipal Regulation of Single-Family and Duplex, Chapter 1202, Industrialized Housing and Buildings of the Texas Occupations Code, industrialized housing shall:

1. 1. 1. Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
      2. Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
      3. Comply with the City’s aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, landscaping, and other site requirements applicable to single-family dwellings; and
      4. Be securely fixed to a permanent foundation.

Effective on: 5/20/2019

4. Building Scale and Massing.
   1. Any portion of a building that is closer than 50 feet from a common property line that abuts a residential district or use shall be no higher than 12 feet above the highest point of the closest residential structures. This does not apply if the residential structure is located across the street from the development or if it is within the same development proposal.

   2. An apartment building containing more than eight dwelling units shall be designed to break up a rectangular floor plan and avoid a box-like or monolithic appearance. 

5. Exterior Walls.

1. 1. Primary Materials. A minimum of 80 percent of first floor exterior walls, exclusive of windows and door openings, shall be finished with the materials listed in Sec. 14.202.1.B, Primary Materials.
   2. Secondary Materials. The remaining percentage of the exterior walls may be finished with the materials listed in Sec. 14.202.1.C, Secondary Materials, provided that masonry or cement fiber board siding may not cover more than 75 percent of any remaining wall surface and shall be installed, if utilized, a minimum of 10 feet above the finished floor level.

6. Building Elements. All buildings in a multiplex or apartment development shall include a minimum of three of the following building elements. 

1. 1. Visual Interest. Elements such as outdoor gathering areas, sculptures, monuments, and other public art installations, or porches, functional shutters, bay windows, or balconies shall be used to contribute to the visual interest of the building.
   2. Architectural Features. Columns, eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building and shall be natural or simulated natural elements such as wood, composite material, architectural metal, brick, or stone.

7. Awnings. Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited.

8. Balconies and Railings. Balcony and railing materials may be different than the materials used on exterior walls.
9. Roofs.

1. 1. Covering. Sloped roofs shall be covered with quality materials, comparable to slate, concrete tile, dimensional shingles, metal shingles, or architectural metal seam roofing.
   2. Massing. Monolithic roof structures that cover more than 4,000 square feet shall include changes in direction, or treatments which break up the appearance of mass. Such treatments may include elements such as dormers, towers, or chimneys.

10. Stairs. Stairs that provide primary access to units on upper floors shall be covered.
11. Garages. Attached street-facing garages shall meet one of the following standards.

1. 1. The garage doors shall not comprise more than 40% of the total length of the building’s facade; or
   2. Every set of two single‐bay garage doors or every double garage door shall be offset by at least five feet from the front plane of an adjacent garage door.

Figure 14.202.4-1, Illustrative Application of Building Design Standards

Allowed

Not Allowed

Effective on: 5/20/2019

1. Generally. Any exterior wall of a nonresidential or mixed-use building visible from a public or private street, a residential property, or public open space shall meet the requirements of this Section. 

2. Exterior Wall Materials. 

1. 1. Primary Materials. A minimum of 80 percent of the primary exterior wall and 60 percent of the ancillary exterior walls shall be finished with the materials listed in Sec. 14.202.1.B, Primary Materials.

1. 2. Secondary Materials. The remaining percentages of the primary and ancillary exterior walls may be finished with the materials listed in Sec. 14.202.1.C, Secondary Materials.

3. Building Form and Design.

1. 1. Building Form.

1. 1. 1. Buildings with up to 30,000 square feet of gross floor area shall have moderate changes in height or roof line, which may be accomplished by a minimum of one of the following techniques:

1. 1. 1. 1. Dormers with ridge lines that are a minimum of three feet below the ridge line of the roof;
         2. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet;
         3. Parapet walls that vary in height by two to four feet for each 100 linear feet of the facade and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; or
         4. Towers that have a height that is four to six feet above the highest peak or ridge of the roof or highest point of the parapet.

1. 1. 2. Buildings with more than 30,000 square feet of gross floor area up to 60,000 square feet of gross floor area shall have major changes in height or roof line, which can be accomplished by a minimum of one of the following techniques:

1. 1. 1. 1. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet; 
         2. Parapet walls that vary in height by more than four feet, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; 
         3. Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements; and/or
         4. Ground-level arcades and second-floor galleries or balconies; or
         5. Other features that reduce the apparent mass of a building as approved by the Director.

1. 1. 3. Buildings with more than 60,000 square feet of gross floor area shall have major changes in height or roof line, which shall, in addition to the requirements for buildings with 30,000 to 60,000 square feet of gross floor area, include:

1. 1. 1. 1. Significant architectural features to identify principal entrances; and
         2. Elements such as towers or significant projections from the building to break up the building mass.

1. 2. Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.
      1. Building Base. A recognizable base shall include a minimum of one of the following:
         1. Thicker walls, ledges, or sill;
         2. Integrally textured, colored, or patterned materials such as stone or another approved masonry; or  
         3. Raised planters, which are integral to the building façade.

1. 1. 2. Building Top. A recognizable top shall include either:
         1. Cornice treatments, other than just colored stripes or bands, with integrally textured materials such as stone or another approved masonry or differently colored materials; or 
         2. Sloping roofs with eaves and brackets.

1. 3. Building Dimensions.

1. 1. 1. Maximum Horizontal Dimension. No building wall shall have an uninterrupted horizontal dimension of more than 80 feet for buildings with footprints of 12,000 square feet and larger and no more than 40 percent of the facade length for buildings with footprints smaller than 12,000 square feet in area.  
      2. Required Offsets. Building walls with a horizontal dimension of more than 80 feet shall have clearly pronounced projections or recesses of at least six feet, and at least four feet for buildings with a horizontal dimension of less than 80 feet, measured perpendicular to the vertical plane of the wall. These projections or recesses shall be spaced not more than 80 feet apart. Projections or recesses shall have a horizontal dimension that is the lesser of:
         1. Twenty feet; or
         2. Twenty percent of the building facade (see Figure 14.202.5-1, Required Offsets).

Figure 14.202.5-1, Required Offsets

1. 4. Building Entrances. 
      1. Each building, regardless of gross floor area, shall have clearly-defined, highly-visible customer entrances that include at least three of the following architectural features:

1. 1. 1. 1. Canopies, porticos, arcades, or overhangs;
         2. Recesses or projections;
         3. Raised corniced parapets;
         4. Over the door or peaked roof forms;
         5. Arches;
         6. Outdoor patios or plazas;
         7. Display windows;
         8. Obviously differentiating architectural details such as moldings that are integrated into the building structure and design; or
         9. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

1. 1. 2. Use of a design element required in Paragraph C.1., Building Form, above, such as an arcade, shall count toward the satisfaction of the building entrance requirements of this Paragraph.  

4. Downtown Zoning District.
   1. Generally. In addition to the applicable standards in this Section, buildings in the DT, Downtown zoning district shall comply with the following standards. In the event of a conflict between the Downtown standards and the standards of Subsections A, B, and C above, the Downtown standards shall control. 
   2. Drive-In and Drive-Throughs Prohibited. Drive-in and drive-through facilities are prohibited in the DT zoning district.  
   3. Certificate of Appropriateness.
      1. Approval in accordance with Sec. 14.604.5, Certificate of Appropriateness, shall be required in order to construct, reconstruct, alter, change, restore, remove, or demolish any exterior architectural feature of a building.
      2. Ordinary repair or maintenance that does not involve changes in architectural and historical value, style, or general design is exempt from requiring a Certificate of Appropriateness.

1. 3. Specific Design Standards for Exterior Rehabilitation. The following standards elaborate on and set out a means for implementing the Secretary of the Interior’s Standards for Rehabilitation, found within the Code of Federal Regulations at 36 CFR 67.7. The Planning and Zoning Commission may consider these standards when taking action on a Certificate of Appropriateness for exterior rehabilitation of a contributing building. 

1. 1. 1. Foundations.
         1. The size and shape of the original door and window openings in the foundation shall be maintained.
         2. Any repair or new construction shall match, to the greatest extent practicable, the original materials in size, color, texture, composition, and joint profile.
         3. Masonry or concrete foundations shall not be painted or covered with cement plaster or stucco.

1. 1. 2. Masonry.
         1. Any repair, restoration, or new construction shall match, to the greatest extent practicable, the color of the original masonry and mortar.
         2. Historic masonry shall not be painted.
         3. Masonry features that are essential to the historic character of a building and are structurally sound shall not be removed or significantly changed.

1. 1. 3. Architectural Metals. Architectural metal features that are in a condition that may be restored shall be retained and preserved, to the greatest extent practicable.

1. 1. 4. Doorways and Windows.
         1. The repair or replacement of deteriorated doorways or windows shall match, to the greatest extent practicable, the size, materials, and appearance of the original doorways and windows.
         2. Original doorway and window openings shall not be removed or sealed off.

1. 1. 5. Storefronts.
         1. Non-historic materials (e.g. plaster, stucco, siding, etc.) shall not be used to cover or conceal the original historic materials.
         2. Storefronts shall be designed using a palette of piers, columns, pilaster, and/or trim to frame display windows.
         3. Facades at street level shall have large window openings that comprise no less than 50 percent of the first floor wall area.
         4. Doors and entryways shall be designed as an integral part of the storefront system.

1. 1. 6. Signs.
         1. The types, sizes, and locations of signs shall comply with the standards set forth in Section 14.205, Signs.
         2. Signs shall not obscure any architectural features on historic buildings.
         3. There shall be no off-premise signs.

1. 1. 7. Awnings. All awnings shall:
         1. Comply with the standards in Paragraph E.6.d., Awnings and Canopies, below;
         2. Extend no more than seven feet from the building facade;
         3. Have columns, beams, and/or brackets of adequate size to give both structural support and visible means for support;
         4. Only be illuminated by:
            1. Recessed fixtures incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the canopy; or
            2. Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy. Indirect lighting fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.

1. 1. 1. 5. Not be longer than a single storefront;
         6. Be compatible with the overall color scheme of the facade from which it projects; and
         7. Not encroach to within two feet of a curb line.

1. 1. 8. Fire Exits. Fire exits shall not be installed on a front building facade.

1. 4. Standards for New Construction and Building Additions.
      1. Building Additions. Additions shall:
         1. Be subordinate to the historic principal building relative to its size and scale;
         2. Only be located on the side or rear elevations; and
         3. Be wholly compatible with, yet distinguishable from, the historic building in terms of the building materials, color(s), and the mass and proportion of windows and doors.

1. 1. 2. Massing and Scale.

1. 1. 1. 1. Building Height. Buildings shall not exceed 115 percent or be less than 85 percent of the average height of the buildings on the two nearest developed lots or buildings on either side of the subject lot or building. A greater variation requires a recommendation by the Planning and Zoning Commission and approval by the City Council.
         2. Roof Lines. Roof lines of each building shall be individually distinguishable with variations of height of no less than two feet. Roofs shall relate to the articulations of the building facades.

1. 1. 3. Colors. Colors shall be reviewed for their historic context for which the following may be considered:

1. 1. 1. 1. Façade colors shall be non-reflective and subtle. The use of primary, high intensity, fluorescent, or metallic colors is prohibited, other than for the sign face.
         2. Except for copper and silver metallic-colored roofs, metallic colors are prohibited on any facade or roof.
         3. Any activity that involves changing color or refreshing color shall be pre-approved by the Planning and Zoning Commission.

1. 1. 4. Materials.
         1. Permitted materials for primary and ancillary exterior walls shall consist of those listed in Sec. 14.202.1.B, Primary Materials, except for glass. 

1. 1. 1. 2. Prohibited materials on front or street-side elevations include: cultured stone, fake brick, rough textured wood siding, wooden shingles on mansard roofs, gravel aggregate materials, EFIS, plywood sheathing, plastic, fiberglass, and stucco.
         3. Windows on the ground floor shall be comprised of clear, non-reflective glass.

1. 1. 5. Architecture.
         1. Form. The general form of structures in Downtown is to be simple, three-dimensional forms characteristic of the appearance and scale of early 1900's main streets that orient to and participate in the activities of the street. 
         2. Detailing.Buildings shall contain architectural details that promote design, but are not limited to the following:
            1. Flourishes (building tops);
            2. Pier and spandrel;
            3. Recessed panels and projected bands or string courses;
            4. Recessed windows and projecting planes;
            5. Expressive sculptural forms;
            6. Ornamentation; and
            7. Towers.

5. Master Planned Zoning District.

1. 1. Generally. In addition to the applicable standards in this Section, buildings in the MP, Master Planned zoning district shall comply with the following standards.
   2. Master Development Plan. Approval in accordance with Sec. 14.604.4, Master Development Plan, shall be required prior to developing a parcel in the MP zoning district.
   3. Percentage of Apartments. A maximum of 40 percent of the land area of the development shall consist of apartments. A building permit for apartment construction shall not be approved for the development until building permits have been approved for a minimum of 20 percent of the planned nonresidential development on the approved Master Development Plan. 
   4. Residential on First Floor. Residential uses are prohibited on the first floor of a vertical mixed use building. 
   5. Nonresidential on First Floor. A minimum of 75 percent of the first floor of a vertically mixed use building shall consist of permitted uses in the Retail Sales and Service and Restaurant use categories. 
   6. Enhanced Building Form and Design.
2. 1. 1. 360-Degree Architecture. No particular architectural style is mandated. However, the architectural style of the front facade shall be expressed on all four sides of the building.
      2. Detailing. All buildings shall contain architectural details that promote good design, which may include a minimum of three of the following:
3. 1. 1. 1. Entry portico;
         2. Chimneys or cupolas;
         3. Transom windows;
         4. Dormers;
         5. Window canopies;
         6. Eaves in excess of 18 inches;
         7. Covered porches (extending along 50 percent of the building facade and projecting a minimum of four feet from the face of the building); or
         8. Decorative window shutters.
4. 1. 4. Awnings and Canopies. Awnings and canopies, if installed, shall meet the following standards:

1. 1. 1. 1. Awnings and canopies shall be attached and integral to the principal structure;
         2. Awnings and canopies shall not obstruct any portion of any window except that transom windows may be located under awnings and canopies;
         3. Canopies shall have columns, beams, and/or brackets of adequate size to give both structural and visible means for support;
         4. Awnings and canopies shall be constructed of durable, protective, and water repellant materials, including, but not limited to, cloth, fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated);
         5. Backlit or internal illuminated awnings or canopies are prohibited; and
         6. A minimum clearance of eight feet from finished grade to the bottom of the awning or canopy is required and it shall not exceed 16 feet in height.

1. 1. 5. Blank Walls. Except where necessary to accommodate the future expansion of a building intended for construction within two years, blank walls are not allowed. No building wall may include an area which is larger than 15 feet tall by 25 feet wide that does not include one or more of the following:

1. 1. 1. 1. Windows;
         2. Doors;
         3. Building wall offset that complies with Paragraph C.3., Building Dimensions, above;
         4. Sign(s), in accordance with Section 14.205, Signs;
         5. Architectural details that relieve the appearance of the blank wall;
         6. A canopy or an arcade; or
         7. Vines or other plantings on wall trellises that cover at least 60 percent of the facade elevation.

6. Outdoor Amenities and Public Art.

1. 1. Non-Industrial Applicability. Retail Sales and Service, Office, and Mixed‐Use developments with a building or buildings that have a gross floor area greater than 60,000 square feet shall set aside an area equivalent to 10 percent of the total building footprint for outdoor amenities.
   2. Eligible Features. The applicant shall provide outdoor amenities that include any one or a combination of the following:
      1. Shaded plaza or patio area providing seating;
      2. Shaded outdoor dining;
      3. Water feature;
      4. Landscaped green area with seating;
      5. Outdoor playground area; or
      6. Shaded public art area.

1. 3. Industrial Applicability. Industrial developments with a building or buildings that have a total gross floor area greater than 100,000 square feet shall set aside an area equivalent to a minimum of 10 percent of the total office square footage for outdoor amenities, as described in paragraph 1 above.
   4. Access. Any such areas shall be accessible by walkways within the development. Amenities may be centralized or dispersed, but shall be located no more than 600 feet (based on the walkways) from the buildings required to provide the amenities.
   5. Fee-in-Lieu. As an option to the requirements set forth above, a fee in lieu of the Outdoor Amenity and Public Art requirements may be provided with approval of the Planning and Zoning Commission. For applicable non‐industrial developments, the fee‐in‐lieu shall be calculated based on the square footage required for the outdoor amenity area multiplied by $5. For applicable industrial developments, the fee‐in‐lieu shall be calculated based on the square footage required for the outdoor amenity area, multiplied by $3. This fee‐in‐lieu shall be payable at the time of applying for a Building Permit. The fee shall be directed to an account established solely for the commissioning, acquisition, and maintenance of public art and the account shall be administered by the Park Board.

3. Maneuvering Space.
   1. Prohibited. No vehicle use area shall require a vehicle to maneuver into a public right-of-way or overhang or encroach an adjacent property under separate ownership in order to park, load, unload, or stack, except:
      1. In the case of single- and two-family dwelling units where backing onto the public right-of-way is permitted; or 
      2. Where a cross access easement as described in Sec. 14.302.8, Easements, is in place.
   2. Barrier. In order to prevent overhang or encroachment described in Paragraph 1, Prohibited, above, a vehicle use area shall include a permanent curb, wall or other physical barrier. Such physical barrier shall be located a minimum of two feet from the right-of-way or property line.

4. Location. Except as permitted in Sec. 14.203.2, Parking Credits and Reductions, a vehicle use area required by this Section shall be located on the same property as the building, use, or structure it serves.
5. Calculations.
   1. ​​​​​​Fractions. If the final calculated number of required parking, loading, or stacking spaces includes a fractional space, the number of required spaces shall be increased to the next whole number if the fraction is five-tenths or more, and when the fraction is less than five-tenths, the next lower whole number shall apply.
   2.   Variables for Calculating Required Spaces. The variables used for calculating spaces are measured as shown in Table 14.203.1-1, Parking, Loading, and Stacking Variable Meanings

1. 3. Multiple Nonresidential Uses. If several nonresidential uses occupy a single parcel or building, the parking requirements shall be calculated separately for each use within the development,  or as set out in Sec. 14.203.2 Parking Credits and Reductions, whichever results in a lesser number of required spaces.

6. Surfacing and Drainage. All vehicle use areas shall be graded, surfaced, and maintained so that water does not accumulate, flow, or drain onto abutting public or private property. The surfacing of vehicle use areas shall consist of asphalt, concrete, or other such material approved by the City Engineer.

7. Dedication of Spaces. Off-street parking, loading, and stacking spaces shall not interfere with one another nor shall they be used interchangeably to meet one another's requirements.
8. Insufficient Vehicle Use Area. The Director may require a land owner to provide additional off-street parking, loading, or stacking spaces even if the number of spaces provided meets the minimum requirement for the established use, if customers, employees, or delivery vehicles are consistently required to park or unload on the street or other properties due to a lack of available vehicle use area.

Effective on: 5/20/2019

1. 2. Shared Parking Reduction.

1. 1. 1. Shared parking allows a reduction of up to 25 percent in the total number of required parking spaces when a property is occupied by two or more uses that typically do not experience peak use of parking areas at the same time. When any land or building is used for two or more uses that are listed in Table 14.203.2-1, Shared Parking Table, below, the minimum total number of required parking spaces may be determined by the following procedures, which are followed by Table 14.203.2-2, Illustrative Shared Parking Credit Calculation, showing an example of how to calculate shared parking reductions.

1. 1. 1. 1. Determine the minimum parking requirements for each use category in Column (A) as if it were a separate use excluding spaces reserved for use by specified individuals or classes of individuals (for example, accessible spaces or spaces posted as “reserved”);
         2. Multiply the sum of required parking spaces for each use by the corresponding percentages for each of the five time periods set forth in Columns (B) through (F) of Table 14.203.2-1, below;
         3. Calculate the total for each time period; and
         4. Select the Column with the highest total to find the required number of shared spaces.

1. 1. 2. Where a shared parking reduction is to be applied to uses on two or more lots under different ownership, the following shall be provided to the Director:
         1. A plan that provides for interconnected parking lots and required residential spaces to be clearly designated and separated from spaces provided for employees, customers, and service;
         2. Recorded easements, accepted on a form acceptable to the City Attorney, that provide, at a minimum:
            1. A guarantee of each owner’s rights to the use of the parking facility;
            2. A requirement that any termination of or amendment to the agreement shall be subject to the approval of the City;
            3. Cross-access among the parking areas and connections to allow parking by the different uses anywhere on the connected properties;
            4. Allocation of maintenance responsibilities;
            5. A pedestrian circulation system that connects uses and parking areas, making it easy and convenient for pedestrians to move between uses; and
            6. A right of enforcement by the City.

1. 3. Off-Site Parking Credit. Off-site parking spaces may provide credit to satisfy the minimum parking space requirements in any nonresidential or mixed use zoning district subject to the following: 

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

3. Parking Study.
   1. The Planning and Zoning Commission may approve a reduction in the number of required parking spaces if the applicant demonstrates that a reduction is appropriate based on the applicant providing a parking study with specific parking demand forecasts for the proposed use and/or on the provision of alternative parking or transportation demand management programs that tend to reduce the demand for parking spaces, provided that:
      1. The study is prepared by a professional transportation planner or traffic engineer;
      2. The forecasts are based upon a peak parking analysis of at least five comparable uses; and
      3. The comparability of the uses is documented in detail, including their location, gross floor area, street access, use types and restrictions, hours of operation, peak parking demand periods, and all other factors that could affect parking demand.

1. 2. The Director may retain a qualified transportation planner or traffic engineer, at the applicant's expense, to review the parking demand forecast and provide recommendations to the Planning and Zoning Commission.
   3. This reduction shall not be used as a means to reduce the size of a parcel of land needed to accommodate a development. The balance of the land necessary to meet the parking requirements shall be held in reserve as an undeveloped area, to meet any future needs generated by an expansion of the business, a change in land use, or underestimated parking demand.

Effective on: 5/20/2019

2. Design and Construction Requirements.

1. 1. Tandem Parking. Each parking space shall be accessible from a street or alley through aisles and/or driveways, except that tandem parking arrangements are permitted for single-family, two-family and manufactured home uses or as allowed based on an approved parking study as described in Sec. 14.203.2, Parking Credits and Reductions.
   2. Dead-End Aisles. Dead-end aisles are not permitted unless adequate turnarounds are provided as stated herein.
   3. Marking. All parking spaces for nonresidential and mixed uses shall be clearly marked on the pavement with yellow or white traffic paint or raised pavement markers approved by the City Engineer.
   4. Access. All driveways and other access shall meet the applicable driveway requirements Sec. 14.203.7, Access.

1. 5. Parking Module Dimensions. Parking modules shall be dimensioned as shown in Table 14.203.3-1, Parking Module Dimensions. The dimensions that are set out in the table are illustrated in Figure 14.203.3-1, Illustrative Parking Module Configurations.

Figure 14.203.3-1, Illustrative Parking Module Configurations
Illustrative dimensions for one stall row parking module				Illustrative dimensions for two stall row parking module

4. Pervious Pavement. Any development with off-street parking may use pervious pavement or pervious pavement systems. To achieve compliance with Sec. 14.203.1.F, Surfacing and Drainage, pervious pavement shall be considered "paved" if it complies with the following:

1. 1. Load. 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;
   2. Pervious Asphalt or Concrete Only. In nonresidential and mixed use developments, 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;
   3. Overflow Parking. Pervious pavement or pervious pavement systems that utilize turf grass shall be limited to overflow parking that is not typically used on a daily or regular basis;
   4. Landscape Area. The use of pervious pavement or pervious pavement systems shall not count as landscape area nor allow parking lots to be located anywhere otherwise prohibited by this UDC;
   5. Fuel and Hazardous Liquids. 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; and
   6. Maintenance. The use of pervious pavement or pervious pavement systems shall be adequately maintained so that the specified level of perviousness continues overtime.

8. Alternative Paving Materials. The City Engineer may approve alternative paving materials not specified in this Section if the City Engineer determines that the alternative, compared to the permitted materials, is substantially equal to or better in quality and durability.

Effective on: 5/20/2019

3. Restrictions. The following restrictions upon the use of accessible spaces shall apply to spaces that are identified and reserved for persons with disabilities by use of parking signs.

1. 1. False Identification. It shall be unlawful for a person who is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person to park a vehicle displaying a disabled person identification card or sticker in a parking space or parking area designated specifically for the disabled.
   2. Parking Without Identification. It shall be unlawful for a person to park a vehicle displaying neither a disabled person identification card or sticker in a parking space or parking area designated specifically for the disabled.
   3. Enforcement. Peace officers, members of the Fire Marshal’s office, and persons designated by the City Manager to enforce parking regulations may enforce the provisions of this Subsection.

Effective on: 5/20/2019

2. Types of Loading Spaces. Each required loading space in the BP, Business Park and IN, Industrial zoning districts shall be a minimum of 12 feet in width and 45 feet in length. All other required loading spaces shall be a minimum of 12 feet in width and 18 feet in length. All required loading spaces shall have a minimum vertical clearance of 15 feet and shall be designated by signs as loading spaces.
3. Mixed Use Developments. Where mixed use developments may be adequately and conveniently served by a common loading area, the Director may approve a reduction in spaces required in Table 14.203.5-1,  Minimum Off-Street Loading Spaces Required. For this purpose, the minimum number of required spaces shall be based on the Use Category having the greatest number of resulting spaces.
4. Outdoor Storage. For the purposes of this section, each two square feet of exterior area used for outdoor storage shall be considered equivalent to one square foot of enclosed gross floor area.

5. Buffering. Loading spaces and docks shall be located behind buildings and screened from view from abutting properties and public right-of-way. Truck access and loading areas that are located between a principal building and a residential property shall comply with the following additional standards:
   1. Use of Loading Shed. The loading area shall be enclosed by a roof and a wall between the building and the property boundary line (i.e., a "loading shed" as depicted in Figure 14.203.5-1, Illustrative Example of a Loading Shed, below) so that the portion of the bufferyard between the loading shed and the property line may be reduced by one level of opacity with the remainder of the bufferyard being the opacity level required by the Landscaping and Bufferyard Table for the applicable zoning district; or
   2. Absence of Loading Shed. The loading area shall be screened along its length by a district bufferyard that has one additional level of opacity (for example, from a Type B bufferyard to a Type C bufferyard) than required by the Landscaping and Bufferyard Table for the applicable zoning district and the loading area shall contain an eight-foot tall masonry wall that is designed and constructed with the same primary exterior finish materials of the principal building. 

Figure 14.203.5-1, Illustrative Example of a Loading Shed

Effective on: 5/20/2019

2. Internal Stacking. 
   1. Generally. Internal stacking spaces are used to measure the capacity of a drive-through lane to hold vehicles while transactions are taking place at drive-through stations. Stacking spaces measure nine feet wide by 20 feet in length and provide direct access to a service window. The position in front of a drive-through station (e.g., a service window, ATM, or station at a drive-through bank) is counted as a stacking space.
   2. Requirements. 
      1. Uses that include drive-through service shall not have fewer than the number of stacking spaces established in Table 14.203.6-2, Internal Stacking Requirements. 
      2. A 10-foot-wide bypass lane shall be required adjacent to stacking lanes to allow vehicles an opportunity to circumvent the drive-through activity and exit the site.
      3. Controlled entrances shall be designed so that vehicles may turn around without entering the gated area or backing out into the public right-of-way.

Figure 14.203.6-1, Illustrative Stacking Requirements

Effective on: 5/20/2019

1. 2.  New Lots. One driveway is required per dwelling unit. New single and two-family lots shall not take access to arterial or collector streets in accordance with Sec. 14.302.3.B, Circulation.

3. Access Management.

1. 1. Driveway Widths.
      1. Single and Two-Family Driveway Widths. Driveways for single and two-family lots shall be a minimum of 12 feet wide and a maximum of 24 feet wide at the property line. Driveway width shall be maintained at a width of no greater than 24 feet between the property line and the garage or carport opening, except that it may be expanded for additional parking or where a turnaround is required to avoid backing onto a non-local street, in the case of a redeveloped lot that does not adjoin a local street. No driveway providing front access for a townhouse shall exceed 20 feet in width.
      2. Multiplex, Apartment, Nonresidential, and Mixed Use Driveway Widths. Driveways for multiplex, apartment, nonresidential, and mixed use lots shall be a minimum of 24 feet wide and a maximum of 45 feet wide at the property line, and configured to direct traffic safely into and out of the parcel proposed for development. The City Engineer may require median separation between ingress lanes and egress lanes.
   2. Alternative Access for Corner Lots. Lots that abut intersections of streets of different classifications shall take access from the street of lesser classification if the access meets the corner clearance requirements of Paragraph 3.d, Corner Clearance, below.
   3. Driveway Spacing and Corner Clearance.
      1. Measurements. Generally, the requirements of this Paragraph are measured along the edge of the travel way, from the closest edge of pavement of the first driveway to the closest edge of pavement of the second driveway, including curb returns. This type of spacing is shown in Figure 14.203.7-1, Illustrative Driveway Spacing and Corner Clearance Measurements, as “spacing, same side" and "spacing, opposite side." 

Figure 14.203.7-1, Illustrative Driveway Spacing and Corner Clearance Measurements

1. 1. 2. Driveway Spacing, Same Side of Street. Table 14.203.7-1, Minimum Driveway Spacing, Same Side of the Street, sets out the minimum driveway spacing for access points on the same side of the street, whether on successive properties or the same property.

1. 1. 3. Driveway Spacing, Opposite Side of Street. In order to prevent conflicting left-turn movements, connections on opposite sides of arterial and collector streets shall be directly opposite each other or offset by a distance of a minimum of 125 feet, unless a median or divider prevents the potential conflicts.
      4. Corner Clearance.
         1. Table 14.203.7-2, Minimum Corner Clearance, sets out the minimum corner clearance for driveways. Since site and intersection design must be considered on an individual basis, greater clearance lengths may be required by the City Engineer if necessary to protect public safety.
         2. Techniques required in Sec. 14.302.8.I, Cross-Access and Shared Access Easements, may be used to meet the requirements of this Section. If the dimensions of an existing lot and the absence of a reasonable opportunity for shared access make compliance with this Subsection impractical, then right-in, right-out access may be permitted at the farthest available point away from the intersection. For example, a fuel sales use on a corner lot that cannot establish shared access with neighboring properties may be permitted to have two right-in, right-out access points (one on each frontage), provided that they are located as far away from the intersection as possible.

4. Driveway Design.
   1. Striping. All driveways shall be clearly striped to show ingress and egress. One-way drives shall clearly   be striped to indicate what direction traffic will flow.
   2. One-Way Driveways. One-way driveways shall not be placed on the same side of a lot. One one-way driveway is permitted per side of a lot unless circulation and parking layout hinder such arrangement.
   3. Driveway Curb Radii.
      1. Curb radii shall meet the street edge of pavement or curb at a point of tangency.
      2. Radii shall describe a full quarter circle arc from the street onto the property accessed, except for one-way driveways.
      3. Table 14.203.7-3, Minimum and Maximum Curb Return Radii,  sets out the required curb return radii for driveway types per street classification.

1. 4. Intersection Angles. All driveways shall intersect a street at essentially right angles except that one-way driveways may intersect at angles no less than 45 degrees.
   5. Minimum and Maximum Driveway Grade. Driveways shall have a minimum slope of 1:48 and a maximum slope of 1:12. Driveways tying into new or existing sidewalks shall meet federal and state accessibility grades.
   6. Circular Driveways.
      1. Circular driveways may be permitted only for single- and two-family lots and shall only be installed on lots with a frontage of 65 or more feet. The inside radius of a circular driveway shall be tangent to the inside curb return radius approximately perpendicular to the street. 
      2. A single circular driveway’s curb opening shall not be located on different intersecting streets.
      3. Circular driveways shall not intersect alleys. 
      4. Circular driveways shall have a minimum of 25 feet of stand up curb between driveway curb radii.

5. Alternative Compliance.  The City Engineer may review and approve a driveway that does not meet the standards of this Section, but that utilizes techniques in Sec. 14.302.8, Cross-Access and Shared Access Easements, or other traffic control techniques if the City Engineer finds that the placement and design of the driveway minimizes traffic hazards. 

Effective on: 5/20/2019

Figure 14.204.1-1, Illustrative Landscaping Types

3. Relationship to Landscape Surface Ratio. The cumulative surface area of development landscaping and bufferyards shall meet or exceed the landscape surface ratio required for the zoning district. 
4. Approved, Allowed, and Prohibited Plants.
   1. Approved Plant Materials. Only approved plant materials count towards the landscape requirements of this Article. A list of approved plant materials is set out in the Approved Plant Lists in the Appendix of this UDC.
   2. Allowed Plants. Plants that are not listed on the Prohibited Plant List, also in the Appendix, are allowed but do not count toward compliance with this Section. The Director may add plants to the Approved Plant List if the applicant demonstrates by credible evidence that the species:
      1. Is not on any of the following lists:
         1. The Texas State Noxious Weed List, U.S. Department of Agriculture; or
         2. The Prohibited Plant List.
      2. Is either native to the region or not invasive; and
      3. Provides habitat for native wildlife or migratory birds.
   3. Prohibited Plants. Plant species that are listed in the Prohibited Plants List are not allowed and may not be requested for addition to the approved plant list.

5. Minimum Size of Plants at Installation. Plant material that is installed to comply with the requirements of this Section shall be of the sizes set out in Table 14.204.1-1, Minimum Size of Plants at Installation; and

6. Existing Trees, Fences, and Walls.

1. 1. Generally. Existing trees, fences, and walls may be counted towards the development and bufferyard landscaping requirements, as applicable, provided that:
      1. The trees, fences, and walls comply with the standards of this Section (including being a species on the Approved Plant List);
      2. The trees are in good health;
      3. The Director verifies that the fences or walls are structurally sound, in good repair, and of an upright condition;
      4. The height and level of screening of the fence or wall meets the intent of this Section with regard to buffering; and
      5. The applicant records an agreement with the City that includes appropriate assurances that if the existing fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will repair or replace it with a fence or wall that meets the bufferyard standards of this Section.
   2. Existing Landscaping Credit. Credit shall be given for existing trees according to the standards of Sec. 14.204.4, Tree Preservation Credit.

7. Required Biodiversity.
   1. Generally. Diversity of the genus and species of trees and shrubs is required in order to prevent monocultures which could result in large-scale losses in the event of disease or blight.
   2. Standards. Within each category of required landscaping (canopy trees, ornamental trees, evergreen trees, and shrubs):
      1. Not more than 40 percent shall be of any one genus; and
      2. Not more than 20 percent shall be of any one species.
8. Protection of Planting Areas. All required planting areas shall be protected by wheel stops or six-inch curbs. Curbs may be punctuated to allow for storm water flows into biological treatment areas, as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with their protective function.
9. Distance from Utilities. As measured from the nearest easement line of such utilities: 
   1. No canopy trees shall be planted under or within 10 lateral feet of any overhead utility lines.
   2. No canopy trees shall be planted within five lateral feet of any underground water or wastewater line.
10. Landscape Plan. Prior to the issuance of a Building Permit on any site within a zoning district to which this Section applies, a landscape plan shall be required. If the required landscaping is part of a development subject to Sec. 14.603.2, Site Plan, the landscape plan shall be a part of the Site Plan.Landscape Plans shall provide the information required in the Appendix of this UDC.
11. Design of Walls. All masonry wall plans and details shall be designed and sealed by a licensed professional engineer, and shall be approved by the City Engineer.

Effective on: 5/20/2019

1. 2. Planting and Decorative Materials.
      1. Street, Interior Side, and Exterior Side. One canopy tree or two ornamental trees shall be planted within the foundation planting areas that face the street, exterior side, and interior side setbacks for each 30 linear feet, measured parallel to the building. Remaining portions of the planting area shall be planted with groundcover. A maximum of 10 percent of the remaining portions of the planting area may consist of decorative pavers or stamped, dyed concrete.  Wet ponds with fountains, vegetated rain gardens, naturalized wetlands, and/or xeriscape gardens may be used in lieu of or together with the required ground cover.
      2. Rear.
         1. If the rear exterior wall of the building is an ancillary exterior wall, or has the required exterior wall materials of an ancillary or primary exterior wall, then the foundation planting area shall be planted with groundcover.
         2. If the rear exterior wall of the building is not an ancillary exterior wall, then it shall be planted in the same manner as a street, interior side, or exterior side foundation planting area.   
      3. Art. The use of sculptures, monuments, and other public art installations in the street and exterior side planting areas shall reduce the required number of building foundation tree plantings by 10 percent.

2. Parking Lot Landscaping. 

1. 1. Generally. Parking lots with five or more parking spaces shall provide permanently landscaped areas consisting of islands and medians within the parking area in accordance with Table 14.204.2-2, Parking Lot Planting Requirements, and as illustrated in Figure 14.204.2-1, Illustrated Parking Lot Planting Requirements. 

Figure 14.204.2-1, Illustrative Parking Lot Planting Requirements

Figure 14.204.2-2, Large Parking Row Reduced Interior Islands

3. Site Landscaping.
   1. Planting Location. All areas not designated as foundation plantings, bufferyards, parking lot landscaping, or utilized for pedestrian and vehicular access to the building (for example, sidewalks, parking spaces, loading spaces, service areas, and drive-in or drive-through facilities) shall be landscaped meeting the requirements of this Subsection.
   2. Trees. One canopy or evergreen tree, or three ornamental trees, shall be planted per 1,000 square feet of the the site landscaping area.
   3. Shrubs. Six shrubs shall be planted per 1,000 square feet of the site landscape area. 
   4. Groundcover. All remaining ground surface not covered by Subsection C.2. and C.3., above, shall be groundcover.
   5. Exception. In place of the required groundcover and shrubbery, wet ponds with fountains, vegetated rain gardens, naturalized wetlands and/or xeriscape gardens may be installed.

Effective on: 5/20/2019

2. Bufferyard Types. Bufferyards may be required:
   1. District. Between differing zoning districts; in the form of a district bufferyard;
   2. Parking. Around vehicle use areas in the form of a parking buffer; and
   3. Street. Along public and private streets in the form of a street bufferyard.
3. Composition of Bufferyards. 
   1. Structural and Natural. Bufferyards, as established in Table 14.204.3-1, Bufferyard Classifications, may be classified as:
      1. Structural Bufferyards. Structural bufferyards include the use of a wall, fence, or earthen berm to achieve the required level of buffering and screening; and
      2. Natural Bufferyards. Natural bufferyards include the use of a higher density of plant materials to achieve the required level of buffering and screening.
   2. Classification. See Section 14.102, Base Districts and Standards, for the bufferyard type requirements of a particular zoning district depending on the adjacent zoning district and street classification. 

4. Bufferyard Standards.

1. 1. Generally.
      1. In addition to the required plantings, walls, fences, and berms, remaining portions of all bufferyards shall contain groundcover.
      2. Where a Type A bufferyard is required, the developer may voluntarily provide a Type B or Type C bufferyard. Where a Type B bufferyard is required, the property owner may voluntarily provide a Type C bufferyard.

1. 2. District Bufferyard.
      1. Fences and Walls. Fences and walls that are part of required district bufferyard shall:
         1. Be six feet in height;
         2. Be composed of treated wood, composite material, or masonry only, with unacceptable materials including, but are not limited to, plywood, corrugated steel sheets, and chain-link with or without weave mesh or slats;
         3. Not encroach into the public right-of-way; 
         4. Include stone or brick columns (fence) spaced a minimum of 30 feet apart with the finished side of the fence facing the adjacent property;
         5. Be maintained by the business or home owner or homeowners' or property owners' association, as applicable; and
         6. Be of a consistent design for the entirety of the development. 

1. 1. 2. Berms.
         1. Earthen berms that are part of a required district bufferyard shall have:
            1. Slopes of not less than three feet horizontal for each one foot vertical; and 
            2. A minimum two-foot wide flat area on top.
2. 1. 1. 2. In order to accommodate a berm, the bufferyard may need to be wider than required in the Table 14.204.3-1, Bufferyard Classifications, above. 

1. 1. 3. Exemptions. A district bufferyard is not required if the subject property is separated from the adjacent property by a natural area that meets or exceeds the level of screening required by the applicable bufferyard.
2. 3. Parking Area Bufferyard. 
3. 1. 1. Applicability. A parking area bufferyard is required along the edge of all vehicle use areas that are:
         1. Visible from a residentially zoned or used property or a public or private street;
         2. Along access drives to multi-tenant centers; or
         3. Designed or used in such a manner that vehicle headlights are visible from any of the areas listed in paragraphs 1 or 2, above. 
      2. Composition. A parking area buffer is composed of a three-foot tall:
         1. Continuous hedge;
         2. Continuous row of ornamental grasses;
         3. Berm with a hedge or ornamental grasses along 90 percent of the linear dimension of the berm; or
         4. Masonry wall. 
      3. Dimensions and Landscaping Setback.
         1. The parking area bufferyard shall be a minimum of seven feet wide.
         2. The landscaped area shall be set back from parking spaces:
            1. Three feet from the edge of pavement if there are no curbs or wheel stops; or
            2. Three feet from the face of the curb or parking bumper that faces the parking space.

1. 1. 4. Exemptions. A parking area bufferyard is not required under the following circumstances:
         1. The elevation of the parking lot is a minimum of three feet below the crown of the street; 
         2. The area between the parking lot and the street is occupied by a building or access point to the parcel proposed for development; 
         3. The nearest edge of a parking area is 50 feet or greater from a public or private street or a residentially used or zoned property and vehicle headlights are not visible from such streets or properties; or 
         4. When a wall, fence, or berm a minimum of three feet in height above grade is in the same location as the required parking bufferyard.

1. 4. Street Bufferyard. A street bufferyard shall only be a natural bufferyard or, if structural, contain a berm.

Effective on: 5/20/2019

2. Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area in which the tree is located. If there are no requirements for that area, the credit applies in the following order of descending priority: 
   1. Site landscaping requirements;
   2. Parking lot landscaping requirements; and
   3. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.

3. Tree Preservation Standards.

1. 1. Conditions. The following conditions shall be met in order for these tree credits to apply.
      1. Each existing tree shall be in a healthy and growing condition.
      2. During site preparation and construction, each existing tree shall be protected by the placement of a barrier around the area below the drip line.
      3. A minimum of 75 percent of the area below the drip line of an existing tree shall be maintained as a permanent, landscaped area at grades existing prior to site development unless special provisions are made for the protection and survival of the tree. Such special provisions, including but not limited to the use of permeable paving materials, shall be subject to the approval of the Director.
      4. A maximum of 25 percent of the drip line zone of trees to be preserved may be paved with concrete, asphalt, or other impervious material.
      5. Soil or other materials shall not be temporarily or permanently stored in locations which would cause suffocation of root systems of trees to be preserved.
      6. The existing tree shall be on the Approved Plant List in the Appendix of this UDC. 

1. 2. Replacement of Credited Trees. Should any tree for which credit is received under the provisions of this Section die or be removed at any time, the owner shall, within 90 days, replace the tree. The owner shall replace the tree with the number of credited trees *for example, if a 14"-caliper existing tree dies, then the owner shall replace the tree with three new trees).  The replacement trees shall be of equivalent species or a species that will obtain the same height, spread and growth characteristics.

Effective on: 5/20/2019

1. 1. 1. Features. The subject property contains unique natural features such as soil characteristics, topography, geological characteristics, water features, and significant existing vegetation;
      2. Shape and Size. The subject property is peculiarly-shaped, through no action of the owner or previous owner, or contains extensive undeveloped area; or
      3. Limitations. The subject property has space limitations as a result of the locations of existing structures, paved areas, surrounding existing development, and other built features.

2. Financial Hardship. Financial hardship is not justification for alternative compliance.
3. Administrative Reductions Permitted. An alternative compliance Landscape Plan may have landscaping reductions as follows. 
   1. District Bufferyard Width. The width of a Type B or Type C district bufferyard may be reduced by half provided that the bufferyard contains both the wall or fence of a structural bufferyard and the increased plantings of a natural bufferyard.
   2. Infill. A Type B or C bufferyard required on an infill development site that is less than 6,000 square feet in lot area may be reduced to a Type A or B, respectively. 

4. Legislative Reductions Permitted. The Planning and Zoning Commission may, at a public meeting, approve additional forms of alternative compliance with this Section subject to the requirements in Subsection A, Generally, above and provided that the Commission deems the plan a substantial  improvement over the minimum requirements of this Section.  

Effective on: 5/20/2019

1. 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 Dayton Charter;
   2. This Section advances important and substantial governmental interests;
   3. The regulations set out in this Section 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 Section; 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.

2. Application.
   1. Generally. All construction, relocation, enlargement, alteration, and modification of signs within the City and extraterritorial jurisdiction (ETJ) shall conform to the requirements of this Section, all state and federal regulations concerning signs and advertising, and the Building Code.
   2. Extraterritorial Jurisdiction.
      1. In accordance with the provisions of Texas Local Government Code § 216.902, the provisions of this Section shall extend to and be enforced in the ETJ of the City.
      2. With respect to the application of the provisions of this Section in the ETJ, whenever a property in the ETJ is put to use, the sign regulations that would pertain to that use, if such use was located within the City, shall apply as established in Sec. 14.205.4, Permanent Signs, and Sec. 14.205.5, Temporary Signs.   
3. Permit Required. No sign shall be erected, installed, converted, relocated, enlarged, or structurally modified within the City limits or the ETJ without a sign permit issued in accordance with Sec. 14.603.10, Sign Permit.
4. Actions Not Requiring a Permit. The following actions do not require a Sign Permit:
   1. Routine maintenance, not involving structural changes to the sign;
   2. Changes of message, either manually or electronically, on an electronic message sign or changeable copy sign, subject to limitations of Sec. 14.205.4.B, Changeable Copy, on the frequency of message changes; or
   3. Changes of sign panels or letters that do not involve structural changes to the sign.
5. Signs for Conditional Uses. The regulations of this Section apply to uses that are permitted by right or that are subject to a Conditional Use Permit in Section 14.102, Base Districts and Standards. However, the Planning and Zoning Commission may recommend, and the City Council may approve, more restrictive sign requirements in granting a Conditional Use Permit when either body deems it necessary for the protection of adjacent properties and the public interest.
6. Reference to Sign Measurement Provisions. See Sec. 14.104.1, Measurements, for provisions related to sign measurement methodology.
7. Sight Triangle. No sign may encroach into the sight triangle established in Sec. 14.104.1, Measurements.

8. Building, Electrical, and Fire Code Compliance and Permits. All signs shall comply with the standards of the City Building, Electrical, and Fire Codes. Signs with internal illumination or external illumination integral to the sign require an Electrical Permit, even if a Sign Permit is not required.  Signs may require a Building Permit in accordance with the Building Code. 
9. Wind Load Requirements. Signs erected or placed in accordance with this Section shall withstand wind load pressures in pounds per square foot as set out below in Table 14.205.1-1, Wind Load Pressure in Pounds per Square Foot.

11. Clearance. The top of all signs and sign structures shall have a minimum vertical clearance from any other structure of 14 feet, and shall have a clearance equal to its height horizontally as well as vertically from any electric transmission line carrying 750 volts or greater.

Effective on: 5/20/2019

1. 1. Signs not visible from a public or private street;
   2. Signs erected by the city, state (including its political subdivisions, such as school districts), or the United States government, or otherwise required by federal, state, or local laws;
   3. Signs that are an integral part of the historical character of a designated historic district or a building that has been designated a landmark;

   4. Memorial or commemorative plaques or tablets denoting a building name and / or date of erection or a location of historic significance and not exceeding four square feet in area;

   5. Headstones in cemeteries;

   6. Sign inside a building, not attached to a window or door;
   7. Works of art that do not include a commercial message;
   8. Holiday lights and decorations with no commercial message;
   9. Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet Texas Department of Transportation standards and which contain no commercial message;
   10. Address and postbox numerals; and
   11. Signs prepared by or for the local, state, or federal government marking sites or buildings of historical significance.

2. All Other Signs.  All other signs not listed in Subsection A., Generally, above, are not exempt from regulation and may either be:

1. 1. Prohibited (see Sec. 14.205.3, Prohibited Sign Types, Materials, Design Elements, and Locations);
   2. An allowed permanent sign type (See Sec. 14.205.4, Signs Not Requiring a Permit); or
   3. An allowed temporary sign type (See Sec. 14.205.5, Signs Requiring a Permit). 

Effective on: 5/20/2019

2. Prohibited Sign Types. The following signs types are prohibited:
   1. Beacons or searchlights;

1. 2. Cabinet signs;

   3. Inflatable signs;

   4. Off-premises signs except as permitted in Sec. 14.205.4, Permanent Signs;

1. 5. Pole signs;

   6. Portable or wheeled signs except as permitted in Sec. 14.205.5, Temporary Signs; 

   7. Roof signs; and 
   8. Any sign type not specifically allowed in this Section.

3. Prohibited Sign Materials. The following sign materials, regardless of sign type, are prohibited:
   1. Deteriorating Signs. Signs that are inadequately maintained so as to show evidence of deterioration, including peeling, rust, dirt, fading, discoloration or holes;
   2. Paper or Cloth Signs. Paper or cloth signs that are not suitable for exterior use (except high quality, weather-resistant cloth for awnings);
   3. Unsealed Wood Signs. Wood signs that are not sealed and maintained to keep moisture from deteriorating the sign; and
   4. Plywood or Particle Board Signs. Signs constructed of plywood or particle board with painted or "sticker" letters.

4. Prohibited Design Elements. The following design elements, regardless of sign type, are prohibited:

1. 1. Traffic Hazards. Signs that interfere with, obstruct the view of, or may be confused with any authorized traffic sign, signal, or device because of its position, shape, or color;
   2. Safety or Health. Signs that constitute a hazard to safety or health by reason of inadequate design, construction, repair, or maintenance;
   3. Confusion. Signs that use the words “stop,” “look,” “go slow,” “caution,” “danger,” “warning,” or any other word, phrase, symbol, or character in a manner that interferes with, misleads, or confuses pedestrians or traffic;
   4. Glare. Signs that are illuminated with lights that cause a glare into or upon surrounding property or that distract operators of vehicles or pedestrians on a public right-of-way;
   5. Lighting. Signs that contain reflectors, lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation;
   6. Indecent or Obscene. Signs with indecent or obscene images or messages;  
   7. Moving Parts. Except for changeable copy signs that otherwise comply with the requirements of this Section, signs that have visible moving, revolving, or rotating parts or visible mechanical movement of any kind, achieved by electrical or mechanical means;
   8. Nuisance. Sound, smoke, heat, or odor emitters;
   9. Back Lit-Awnings. Awnings that are back lit and/or made of plastic or vinyl, excluding substitute materials;
   10. Unfinished Wood. Unfinished wood support structures, except that stake signs may use unfinished stakes; and
   11. Bare or Flashing Lights. Bare light bulbs and flashing lights, except on holiday displays which are exempted from regulation by Sec. 14.205.2, Signs Exempt from Regulation.

5. Prohibited Sign Locations. A sign, regardless of sign type, is prohibited from being in the following locations:
   1. Closed Businesses. Signs that advertise a business or product that is no longer in existence;

1. 2. Blocked Ingress or Egress. Signs that prevent free ingress to or egress from any door, window, or fire escape;

1. 3. Outdoor Amenities. Signs attached to or located upon outdoor exposed amenities such as trees, street signs, or utility poles that are visible from any street;
   4. Vehicles. Signs that are painted on or attached to a motor vehicle unless:
      1. The vehicle is operable and has current registration and tags;
      2. The sign is an on-premise sign;
      3. The vehicle is legally parked within a parking space; and
      4. The display of the sign is incidental to the vehicle use. 

1. 6. Encroachment. Except for marquee signs, projecting signs and hanging signs that comply with the standards of Sec. 14.205.4, Permanent Signs, signs that are located on, or project or extend over, any public right-of-way or other public property; and

1. 7. Semis and Storage. Signs that are painted on or attached to semi-trailers, shipping containers, or portable storage units except for the brand name of the semi-trailer, container, storage unit.

Effective on: 5/20/2019

2. Changeable Copy. Electronic message centers and manual changeable copy reader boards may be used in marquee signs, menu board signs, monument signs, and pylon signs subject to the applicable standards of this Section.
   1. Generally. The following provisions apply to both electronic message centers and manual changeable copy.
      1. Design Requirements for Electronic Message Centers and Manual Changeable Copy.
         1. Electronic message centers or manual changeable copy are permitted as part of a sign if they are enclosed on all sides with a finish of brick, stone, stucco, powder coated metal, or anodized aluminum. The enclosure shall extend a minimum of six inches from the perimeter of the electronic message center in all directions.  Gaps between the changeable copy reader board and the surround are 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. Electronic message centers or manual changeable copy may make up a maximum of:
            1. 25 percent of the sign area of a monument sign, pylon sign, or a menu board that is visible from a residential property or a public or private street; 
            2. The lesser of 100 square feet or 40 percent of the sign area of a marquee sign; or
            3. If a menu board sign is not visible from a residential property or a public or private street, 100 percent of the copy area may be electronic. 

1. 1. 1. 3. The balance of the sign area shall utilize permanent letters or symbols.
         4. No sign structure that includes a manual changeable copy sign may also include an electronic message center, and vice-versa.
2. 2. Electronic Message Center Locational Requirements.
      1. Electronic message centers are:
         1. Prohibited in the DT, Downtown zoning district, with the exception of permitted marquee signs; and
         2. Permitted in the MP, Master Planned and GC, General Commercial zoning districts subject to the following standards.

      2. Electronic message centers shall not:

         1. Blink, rotate, move, chase, flash, glare, strobe, scintillate, or in any fashion be distracting to the traveling public or the public in general;

         2. Include audio, pyrotechnic, or bluecasting (Bluetooth advertising) components;

         3. Be included on or used as portable or temporary signs; and

         4. Use transitions (scroll, roll, and/or fade in/out) or frame effects between messages.

1. 1. 1. 3. Electronic message centers shall:
            1. Be monochromatic;
            2. Contain static messages only, excluding animation or video;
            3. Display messages for a period of not less than 15 seconds;
            4. Contain a default design that will freeze the sign in one position with no more illumination than 0.3 foot candles above ambient light in a malfunction occurs; and
            5. Include an automatic dimmer that dims the sign at dusk or during low-light conditions.

1. 3. Manual Changeable Copy.
      1. Manual changeable copy reader boards are only permitted on monument signs or marquee signs.
      2. Manual changeable copy message centers, including their frames, shall make up not more than 30 percent of the sign area. The balance of the sign area shall utilize permanently affixed letters or symbols. 
      3. Lettering of manual changeable copy signs shall be of a single style and shall be of uniform color and size.

3. Sign Illumination.
   1. Generally.
      1. Signs shall be internally illuminated or, if externally illuminated, the source of illumination shall be shielded from public view.
      2. No sign lighting shall reflect onto any structure or constitute a hazard to the safe and efficient operation of vehicles upon a street.
   2. Color. Illumination shall be in white light only.
   3. Electrical Service. When electrical service is provided to a sign, all such electrical service shall be permanently installed in accordance with the City's Electrical Code, and shall be placed underground. 
   4. Sign Illumination. Signs shall not exceed 0.3 foot candles over ambient light conditions.
4. Off-Premise Signs. Off-premises signs shall:

   1. Be located with a minimum separation of 2,640 feet on the same side of the street from another off-premises signs;

   2. Be located with a minimum separation of 1,320 feet on the opposite side of the street from another off-premises sign;

   3. Not be located within 300 feet of an existing local street or an existing or future Collector on the Major Thoroughfare Plan; and

   4. Not be located within a radius of 100 feet of any residential zoning district.

Effective on: 5/20/2019

1. 2. Listed Signs. Table 14.205.5-1, Allowed Temporary Signs, sets out:
      1. The temporary sign types allowed in the extraterritorial jurisdiction and each zoning district; and
      2. The standards that apply to each sign type. 

1. 3. Unlisted Signs. Signs that are not listed in Table 14.205.5-1 are prohibited as temporary signs.
   4. No Permit Required. No Sign Permit is required for a Temporary Sign. 

2. Special Provision for Political Signs. Pursuant to Texas Local Government Code Section 216.903, Regulation Of Political Signs By Municipality, this Section does not prohibit a sign that contains primarily a political message, has an area of not more than 36 square feet, is no more than eight feet in height, is not illuminated, has no moving elements, is placed on private real property with the owner’s consent, and is removed no later than 10 days after the election or referendum to which it applies. A political sign may not be placed on public property, except at a polling location on election day or during early voting, may not be placed in the public right of way, and may not be placed on private property subject to an easement, license, or other encumbrance allowing use for a public purpose. 

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. 1. "Cut-off" fixtures that limit lighting that is visible or measurable at the property line;
      2. Of constant intensity; and
      3. Reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance, or unreasonably interfere with an abutting property owner's right to enjoy their property.

1. 2. "No cut-off" fixtures may be used only for decorative purposes, provided:

1. 1. 1. They have light fixtures that produce no more than 1,500 lumens (approximately equal to a 100 watt incandescent bulb);
      2. They have a maximum height of 15 feet; and
      3. They use energy-efficient bulbs, such as compact fluorescent ("CF") and light-emitting diode ("LED").

Figure 14.206.1-1, Types of Light Fixtures

3. Cut-off Requirements.

1. 1. Full Cut-Off. Except as otherwise allowed for in this Section, all lighting (including, but not limited to vehicle use areas, security, walkway, landscaping, signs, outdoor display areas, and building) shall have 100 percent of its output below 90 degrees from a vertical line through the fixture.
   2. Adjacent to Residential. All lighting fixtures that are mounted within 15 feet of a residential property line or public right-of-way boundary shall be fitted with a "house side shielding" reflector on the side facing the residential property line or public right-of-way.
   3. Flags and Statutes. 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.
   4. Not Visible Above Roofline. For upward-directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the primary building roofline.

Effective on: 5/20/2019

Effective on: 5/20/2019