The purpose of this section is to secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

5.2.1.

Required off-street parking shall be provided on the same site as the use it is to serve.

5.2.2.

All vehicle parking shall be on a suitable parking surface as approved by the city administrator, such as asphalt, concrete, gravel, or other permeable paving surfaces including brick, stone, special paving blocks or tire-tread woven mats. All driveways and approaches to parking spaces shall be similarly surfaced.

5.2.3.

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).

5.3.1.

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established by the city.

5.3.2.

For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with section 5.1.10 [sic].

5.3.3.

All off-street parking, maneuvering, loading and storage areas shall be surfaced in accordance with the parking lot surfacing requirements as established in the city's ordinances (i.e., no parking shall be permitted on grass, within landscaped areas, or on other unimproved surfaces). All vehicle parking shall be on a suitable parking surface as approved by the city administrator, such as asphalt, concrete, gravel, or other permeable paving surfaces including brick, stone, special paving blocks or tire-tread woven mats. All driveways and approaches to parking spaces shall be similarly surfaced.

5.3.4.

Permanent paved parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

5.3.5.

Each standard off-street surface parking space size shall be in accordance with the design standards provided herein for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

(a)

Standard: Nine feet by 18 feet.

(b)

Parallel: Eight feet by 22 feet.

5.3.6.

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three foot minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

5.3.7.

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

5.3.8.

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies.

5.3.9.

Handicap parking space(s) shall be provided according to building codes, State laws, and requirements of the federal Americans with Disabilities Act (ADA).

5.3.10.

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

5.3.11.

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city administrator.

5.3.12.

Off-street stacking for drive-throughs:

(a)

A stacking space shall be an area on a site measuring eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.

(b)

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces. One escape lane shall be provided.

(c)

For each service window of a drive-through restaurant, a minimum of six spaces shall be provided for the first vehicle stop (usually the menu/order board), and two spaces shall be provided for each additional vehicle stop (order/pickup windows, etc.). One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).

(d)

For retail operations (other than restaurants, banks, etc.) and kiosks that provide drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three stacking spaces for each service window shall be provided.

(e)

For a full-service carwash, each vacuum or gas pump lane shall be provided with a minimum of four stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

(f)

For each automated self-service (drive-through/rollover) carwash bay, a minimum of three stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

(g)

For each wand-type self-service (open) carwash bay, a minimum of two stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

(h)

For automobile quick-lube type facilities, a minimum of three stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

5.4.1.

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street.

5.4.2.

Each site shall provide a designated on-site maneuvering area for trucks. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet by 45 feet, and such spaces or berths shall be provided in accordance with the following schedule:

Total square feet of minimum required total building gross floor area in structure spaces or berths [sic].

Zero to 20,000 square feet: None.

Twenty thousand one to 60,000 square feet: One space.

5.4.3.

In all zoning districts loading docks or service/delivery entrances shall not be constructed facing any public street and shall not be visible from any primary public street.

5.4.4.

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.

5.4.5.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one paved off-street pedestrian loading and unloading space for an automobile on a through, "circular" drive for each ten students cared for excluding child care in a residence. An additional lane shall also be required to allow pass-by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

5.5.1.

In the approval of a detailed site plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

5.5.2.

In all districts (except all single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the city administrator, and in compliance with the city's approved transportation criteria.

(a)

Based upon analysis by the city, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference. The above referenced data is to be provided by the property owner.

(b)

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

5.5.3.

Vehicular access to nonresidential uses shall not be permitted from alleys serving residentially zoned areas.

5.5.4.

Residential subdivision traffic requirements must meet all standards as referenced and approved within the subdivision ordinance.

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

5.6.1.

Residential:

(a)

Single-family residential including SF-1, SF-2, SF-3 and SF-4: Two per dwelling unit.

(b)

Single-family attached residential—Town home including SF-5: Two per dwelling unit. All off-street parking in this district shall not face a public street; nor shall garages or spaces be permitted in any street yard.

(c)

Multifamily residential:

(1)

Efficiency: One space.

(2)

One bedroom: One and one-half spaces.

(3)

Two bedrooms: Two spaces.

(4)

Two + bedrooms: Two and one-half spaces.

Plus an added five percent of the total number of required spaces for the development.

5.6.2.

Commercial:

(1)

Automobile parts sales (indoors): One space per 500 square feet of indoor floor area plus one space for each 2,000 square feet of outside sales area.

(2)

Automobile sales or service: See motor vehicle sales.

(3)

Bank, savings and loan, or similar institution: One space per 200 square feet of gross floor area in addition to required stacking spaces.

(4)

Bed and breakfast facility: One space per guest room in addition to the requirements for a normal residential use.

(5)

Bowling alley or center: Six parking spaces for each alley or lane.

(6)

Bus or truck repair, storage area, or garage: One space for each 500 square feet of floor area and repair garage with a minimum of five spaces.

(7)

Business or professional office (general): One space per 300 square feet of gross floor area except as otherwise specified herein.

(8)

Carwash (self serve): One space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; Carwash (full service): One space per 150 square feet of floor area in addition to the required stacking spaces.

(9)

Church, rectory, or other place of worship: One parking space for each three seats in the main auditorium/sanctuary.

(10)

College or university: One space per three day students (based upon maximum occupancy and/or enrollment numbers).

(11)

Commercial amusement (indoor): One space per 100 square feet of gross floor area, or as follows:

(a)

Racquetball or handball courts: Three spaces for each court.

(b)

Indoor tennis courts: Six spaces for each court.

(c)

Gymnasium, skating rinks, and martial arts schools: One space for each three seats at a maximum seating capacity (based upon maximum occupancy), plus one space for each 200 square feet.

(d)

Swimming pool: One space for each 100 square feet of gross water surface and deck area.

(e)

Weight lifting or exercise areas: One space for each 100 square feet.

(f)

Indoor jogging or running tracks: One space for each 100 linear feet.

(g)

Motion picture theaters (which do not include live performances): a) one space per three and one-half seats for single-screen theaters; b) one space per five seats for motion picture theaters with two or more screens.

(h)

Amusement center: One space for each game table and one space for each amusement device.

(i)

All areas for subsidiary uses not listed above or in other parts of this [sic]

(j)

Section (such as restaurants, office, etc.), shall be calculated in [accordance] with the minimum specified for those individual uses.

(12)

Commercial amusement (outdoor): Ten spaces plus one space for each 500 square feet over 5,000 square feet of building and recreational area.

(13)

Commercial use: One space per 250 square feet of floor area.

(14)

Community center, library, museum or art gallery: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.

(15)

Convenience store (with gasoline pumps): One space per 200 square feet of floor area, plus one space for each gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

(16)

Dance/aerobics studio, or assembly/exhibition hall without fixed seats: One parking space for each 100 square feet of floor area.

(17)

Day nursery: One space per ten pupils (based upon maximum occupancy and/or licensing capacity), plus one space per teacher, plus one space for each bus or van.

(18)

Defensive driving school/class: One space for each classroom seat.

(19)

Fraternity, sorority or dormitory: One parking space for each two beds on campus, and one and one-half spaces for each two beds in off-campus projects.

(20)

Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000 square feet.

(21)

Gasoline station: One space per 200 square feet of floor area, plus one space for each gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

(22)

Golf course: Four parking spaces per hole or green plus requirements for retail, office, and clubhouse areas and one space per each two employees.

(23)

Golf driving range: One and one-half spaces for each driving tee.

(24)

Health club, health spa or exercise club: One space per 150 square feet of floor area.

(25)

Hospital: One space for each two beds or examination room, whichever is applicable; plus one space for every two employees during periods of full occupancy.

(26)

Hotel or motel: One space per room plus one space per five restaurant/lounge area seats (based upon maximum occupancy), plus one space per 125 square feet of meeting/conference areas.

(a)

One and one-half spaces per room which contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this paragraph.

(b)

Two spaces per guest room provided with full kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this paragraph.

(c)

One space for every two employees during peak (i.e., busiest) time periods when the hotel/motel is fully occupied.

(27)

Industrial (light) uses: One space for each 1,000 square feet of floor area.

(28)

Institutions of a philanthropic nature: Ten spaces plus one space for each employee.

(29)

Learning center with one parking space for each 100 square feet of floor area.

(30)

Library or museum: Ten spaces plus one space for every 300 square feet.

(31)

Lodge or fraternal organization: One space per 200 square feet.

(32)

Lumber yard/home improvement center: One space per 400 square feet display area, plus one space per 1,000 square feet of warehouse.

(33)

Machinery or heavy equipment sales: One space per 500 square feet of gross floor area.

(34)

Mobile home/mobile home park: Two spaces for each mobile home unit, plus visitor/supplemental parking in accordance with subsection (See also manufactured home ordinance), plus additional spaces as required herein for accessory uses.

(35)

Manufacturing, processing or repairing: One space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.

(36)

Medical or dental office: One space per 200 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

(37)

Mini-warehouse: Four spaces per establishment plus one additional space per 10,000 square feet of storage area.

(38)

Mortuary or funeral home: One parking space for each 200 square feet of floor space in slumber rooms, parlors or individual funeral service rooms, or one space for each three seats in the auditorium/sanctuary, whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.

(39)

Motor vehicle sales and new or used car lots: One parking space for each 500 square feet of sales floor/office and other indoor uses, plus one parking space for each 1,000 square feet of exterior lot area used for storage, sales and parking areas, plus one parking space per repair bay in service areas (indoors or outdoors), plus one parking space per service/towing vehicle to be stored on-site.

(40)

Nursing home, convalescent home, or home for the aged: One space per six beds; plus one parking space for each 300 square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses; plus one space for every two employees at full occupancy.

(41)

Office (administrative or professional): One space for each 300 square feet of floor area.

(42)

Outdoor display: One space for each 600 square feet of open sales/display area.

(43)

Places of public assembly not listed: One space for each three seats provided.

(44)

Real estate office: One space for each 200 square feet.

(45)

Restaurant, private club, nightclub, cafe or similar recreation or amusement establishment: One parking space for each 100 square feet of seating/waiting area, or one space for every three seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be required for drive-through facilities.

(46)

Retail or personal service establishment, except as otherwise specified herein: One space per 200 square feet of gross floor area in addition to any required stacking spaces for drive-through facilities.

(47)

Retirement housing for the elderly (independent living): One and one-half spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses as defined for those uses.

(48)

Rooming or boarding house: One parking space for each sleeping room, plus one parking space for each host resident or employee during maximum (i.e., peak) shift.

(49)

Sanitarium or similar institution: One parking space for each six beds, plus one parking space for every two employees at maximum (i.e., peak) shift and full occupancy.

(50)

School, elementary (grades K—6): One parking space for each 15 students (design capacity).

(51)

School, secondary or middle (grades 7—8): One parking space for each 12 students (design capacity).

(52)

School, high school (grades 9—12): One space for each three students, faculty and staff (design capacity).

(53)

Storage or warehousing: One space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.

(54)

Telemarketing: One space for each 250 square feet of space.

(55)

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One parking space for each three seats or bench seating spaces (see section 5.1.7.B [5.7.2]).

(56)

Truck stops: One truck parking space for each 10,000 square feet of site area plus one vehicle parking space per 200 square feet of building area.

(57)

Veterinarian clinic: One space per 300 square feet of gross floor space.

(58)

Warehouse or wholesale type uses: One space for 5,000 square feet of gross floor area.

5.6.3.

Mercer Street Historic District parking:

(1)

Fee-in-lieu of parking spaces:

(a)

Within the Mercer Street Historic District, (as delineated within chapter 30, Zoning, exhibit a, zoning ordinance, section 4, Overlay Districts, division 3, Historic Overlay Districts), a property owner who is unable to provide the required number of parking spaces for a non-residential uses may request to pay a fee in-lieu to the City of Dripping Springs Downtown Parking Fund for each parking space that is not provided, if the request for reduced parking meets the criteria contained herein. Payments to the fund will be on a per unprovided parking space basis as set out in appendix A, fee schedule, of the city's Code of Ordinances. Payments to the downtown parking fund will be used for the sole purpose of constructing, maintaining, and improving public parking on public property within the Mercer Street Historic District, or in an area adjacent to the Mercer Street Historic District, including but not limited to on-street parking, public parking lots, and public parking garages.

(b)

When an existing building is: (1) converted to another use; or (2) has the gross floor area within the existing building perimeter enlarged, rehabilitated, or remodeled, without enlarging the building perimeter/footprint/gross floor area, then the building conversion or improvement shall not require additional off-street parking, so long as the existing off-street parking spaces utilized by said building are maintained.

(c)

For new commercial/retail buildings or expanded building gross floor area within the Mercer Street Historic District boundary, the expanded building area shall provide 75 percent of the off-street parking requirements as listed in the parking based on use within the zoning ordinance. An expansion of a patio to allow for additional outdoor seating shall not constitute an increase in gross floor area, or as expanding the footprint of the existing structure, and shall not be required to provide additional parking.

(d)

If a structure is completely demolished, and where a new building is constructed, then the property owner shall only be required to provide additional parking for the increase in overall gross floor area created by the new construction.

(e)

Where additional parking is required, then the applicant/property owner shall provide a detailed plan demonstrating how the site meets the city's parking standards, as amended herein for the Mercer Street Historic District, or pay the fee-in-lieu, as adopted in accordance with appendix A, fee schedule, for the necessary number of parking spaces to serve the site. The fee is required to be paid prior to site plan approval, or prior to certificate of occupancy issuance, whichever comes first.

(f)

Residential and hotel type uses shall not be eligible to pay the fee-in-lieu, nor are they allowed the reduced off-street parking requirements unless the city administrator approves the fee-in-lieu based on the site and requested use. The city administrator may require a parking study, engineering studies, or other applicable information in order to determine whether the fee-in-lieu should be approved prior to approving the applicants request for fee-in-lieu for residential/hotel type uses.

(g)

With the exception of approved special exceptions related to the location of parking described in section 5.7.8 below, no new parking special exceptions, alternative parking plans, or joint-use agreements shall be granted within the Mercer Street Historic District, all properties shall comply with the amended parking requirements found herein, either by providing the required number of spaces, paying the fee-in-lieu as outlined in appendix A, fee schedule, or a combination of the two. Nothing in this subsection shall affect existing parking special exceptions, alternative parking plans, or joint-use agreements.

(h)

Any parking special exceptions, alternative parking plans, or joint-use agreements that were approved prior to the adoption of this ordinance shall be required to comply with all requirements set forth by the Board of Adjustment or other body at the time the request was approved.

(Ordinance 1220.10, adopted 9/12/06; Ordinance 2020-27, adopted 6/9/20)

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

5.7.1.

Floor area: Shall mean the gross floor area of the specific use.

5.7.2.

Seat: Shall mean:

(a)

For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals 28 inches of length;

(b)

For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight square feet of floor area occupied by such seating area (includes aisles).

5.7.3.

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

5.7.4.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the city administrator, in accordance with the requirements for the most closely related use specified in this section.

5.7.5.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

5.7.6.

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 40,000 square feet.

5.7.7.

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to 50 percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the city administrator. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Dripping Springs.

5.7.8.

Location of parking spaces: All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

(a)

Where an increase in the number of spaces for a nonresidential use is required by a change or enlargement of use, the required spaces may be located on an immediately contiguous lot or tract, or on a lot or tract within 600 feet from the building or use served, subject to approval of a variance to section 5.7.8 and is provided the following criteria are met:

(1)

That a permanent easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use including access to such parking facilities; or

(2)

That a long-term remote parking lease agreement be provided upon approval by the city as a condition of such use.

(b)

A commercial parking lot, meeting the standards of section 5.9, may provide some or all of the required parking spaces for two or more unrelated businesses, provided:

(1)

Such joint-use parking area is located within 1,000 feet of the building or uses served.

(2)

The commercial parking lot provides enough parking spaces to meet the requirements of the uses individually or the peak demand of the different uses must occur at different times. The city administrator may require an applicant to provide technical analysis of the timing and magnitude of the proposed parking demands.

(3)

Applications for joint-use parking areas must include:

(a)

A notarized statement from all property owners involved indicating the use of each property, forecasting that the peak level of activities of each separate use, and demonstrating these uses create a demand for parking at different times, if applicable.

(b)

A draft joint-use parking agreement, acceptable to the city, that:

(i)

Specifically identifies the designated spaces that are subject to the agreement;

(ii)

Includes a statement indicating that the parties understand that these designated spaces cannot be counted to support any use other than those identified in the agreement;

(iii)

Identifies the current property uses, property owners, and the entity responsible for maintenance of the parking area;

(4)

A certified copy of the recorded joint-use parking agreement must be provided to the city before any joint-use of parking spaces may commence.

(c)

No property located within the Mercer Street Historic District shall be able to utilize provisions of this section 5.7.8 in order to reduce their overall requirement for parking as described in section 5.6.3, Mercer Street Historic District Parking. Special exceptions shall not be granted for the reduction of the required number of parking spaces within the Mercer Street Historic District or from the payment of the fee-in-lieu.

5.7.9.

Use of parking in nonresidential: Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale.

(Ordinance 1220.10, adopted 9/12/16; Ordinance 2020-27, adopted 6/9/20)

5.8.1.

Location: Fire lanes shall be provided in all multiple-family, manufactured home, and nonresidential developments, and in some single-family attached, as required by the adopted fire code of the city (if any) and the subdivision ordinance for certain fire lane regulations.

5.8.2.

Dimension: Fire lanes shall be a minimum width of 24 feet of paving, and shall have a minimum inside turning radius at curves of 20 feet, or as required by the adopted fire code of the City of Dripping Springs (if any).

5.8.3.

Vertical clearance: The minimum overhead vertical clearance over fire lanes shall be 14 feet for a linear distance of 50 feet on each side (in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure, such as a canopy, roof overhang or vertical height control device.

(Ordinance 1220.10, adopted 9/12/16)

5.9.1.

Commercial parking lots, may be permitted with the approval of a conditional use permit in accordance with appendix E (use charts) provided that such parking lots are:

(1)

Placed on a lot or tract so that all applicable setback requirements are met; and

(2)

Built to the standards of sections 5.3, 5.4 and 5.5 and section 28.06.055 of the city's landscape ordinance as applicable.

(Ordinance 1220.151, adopted 12/12/17)

Editor's note— The subsection number above is as exactly numbered by the city.

To encourage the most appropriate use of land while conserving and protecting the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

5.10.1.

Adjacent to a single-family or residential planned development district: In the event that multiple-family and nonresidential uses side or back upon a single-family or residential PD district, or in the event that any nonresidential district sides or backs upon a multiple-family district, a solid masonry or wood screening wall of not less than six feet, nor more than eight feet, in height shall be erected in conjunction with landscaping elements on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

(a)

Multiple-family uses: The owner of the multiple-family property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family residential district. This construction requirement applies only when multiple-family is adjacent to residential uses.

(b)

Nonresidential uses: When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

5.10.2.

Placement of screening fence or wall: In nonresidential and multiple-family zoning districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence or wall is required to screen the development from an adjacent residential area. If required to screen a residential area, the screening fence or wall shall be extended out to the street right-of-way line by the developer of the nonresidential or multiple-family development. The fence or wall shall be finished on both sides in a manner and color that is compatible to the exterior finish of the nonresidential or multiple-family building(s). Screening fences or walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential or multiple-family development, as required by subsection 5 [5.32].

(Reserved for future expansion.)

See section 5.4 [5.32] for sight visibility requirements for fences and screening walls.

In districts permitting open storage, screening shall be required only for those areas used for open storage. Open storage of materials, commodities or equipment shall be screened with a minimum six-foot fence or wall, and shall not be visible from the street or from adjacent property. A six-foot screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

(a)

Solid masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively;

(b)

Wrought iron in conjunction with solid landscape screening;

(c)

Wood or wood vinyl in conjunction with solid landscape screening; and,

(d)

Alternate equivalent screening may be approved through the site plan approval process.

(e)

No outside storage may exceed the height of the fence. Outside storage exceeding eight feet shall require a conditional use permit.

Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way shall be visually screened by a minimum six-foot solid masonry wall on at least three sides. The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Reinforced concrete paved areas shall be provided for refuse facilities and their approaches for loading and unloading.

5.15.1.

Locational criteria and height: Any fence or wall located to the rear of the minimum required front yard line shall not exceed six feet in height. Except as provided herein, no fence or wall shall be permitted within the required front yard of any single-family residential lot that is adjacent to a public street. No residential fence shall be closer than 15 feet to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area.

5.15.2.

Electrical fences: Electrical fencing that is visible from a public right-of-way is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

5.15.3.

Vehicular access gates: Gates designed for vehicular access shall be set back from front the [the front] property line a minimum of 25 feet.

5.15.4.

Swimming pool fences: Fences around swimming pools shall comply with the Standard Swimming Pool Code (as established by the International Residential Building Code, as may be amended) and the City of Dripping Springs's codes or ordinances pertaining to same.

5.15.5.

Sight distance and visibility: Section 5 [5.32] provides the sight visibility requirements for fences and screening walls.

5.15.6.

Other types of fencing: Special purpose fencing, such as fencing around tennis courts, is permitted.

Any screening wall or fence required under the provisions of this section or under a conditional use permit, planned development district, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials that do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

Alternative equivalent screening may be approved through the board of adjustment's process for special exceptions.

The purpose of these buffers is to protect existing stands of healthy significant trees and understory vegetation, separate pedestrian activity from the street and enhance with appropriate vegetation where the existing vegetative stands are of poor quality or nonexistent.

For property zoned SF-2, SF-4 and SF-5, a buffer area shall be provided between the public right-of-way of the roadway from which the subdivision takes its primary access and the nearest developed lot.

Buffer widths shall be as follows and shall be measured from the edge of the right-of-way:

This buffer area shall contain either native vegetation in the form of trees and bushes left in their natural, undisturbed condition, or, if no such native vegetation exists, shall consist of landscaping in conformance with the Dripping Springs Landscape Ordinance. If the area consists of landscaped plantings, maintenance of such plantings shall be the sole responsibility of the developer or the homeowners' or property owners' association.

All setback measurements shall be made in accordance with illustrations 1, 2, and 3 within appendix A.

Flag lots will not be allowed within commercial districts. Flag lots will be allowed in residential at a maximum of ten percent of the entire subdivision (i.e., the total number of lots).

Shared access driveway easements are permitted.

All nonresidential main structures shall be separated by a distance of not less than 30 feet unless an approved firewall is constructed.

No building or paving shall be placed closer than ten feet from any cemetery.

5.27.1.

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and rear yards in the case of single-family uses shall be identified and the front of the structure shall not face the side or rear yard.

5.27.2.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.

5.27.3.

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard. See illustration 1 within appendix A.

5.27.4.

Minimum lot widths for lots with predominate frontage on the curved radius of a street, including those located on a cul-de-sac or "eyebrow" portion of a street, shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot.

5.27.5.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

5.28.1.

On a corner lot used for single-family dwellings, both street exposures shall be treated as front yards on all lots platted after the initial date of the adoption of the city zoning ordinance, August 8, 2006, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek or floodplain area, or other similar phenomenon. In such case, a building line may be designated by the city administrator with a minimum side yard of 15 feet or more, as determined by the applicable zoning district standards. On lots which were official lots of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

5.28.2.

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard. Air-conditioning compressors and similar equipment are permitted in the side yard.

5.28.3.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

5.29.1.

In the districts where the height of buildings is restricted to two stories, cooling towers may extend for an additional height not to exceed 50 feet above the average grade line of the building.

5.29.2.

Water stand pipes and tanks, church steeples, domes and spires, school buildings, windmills, barns, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

5.29.3.

Calculation of height: For the purposes of calculating the overall height of a structure, slope shall be calculated from the highest point of the building at natural grade to the lowest point of the building at natural grade, or the natural grade of an adjoining road, along a line that is, as close as possible, perpendicular to existing contours. The height shall be measured from the highest parapet or roof ridge to natural grade or finish grade at the lowest point adjacent to the building exterior, whichever yields the greatest height.

Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.

Open storage of materials, commodities or equipment, where allowed in the specific zoning district, shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display as defined in section 5. There are screening requirements in section 5.4 [5.10], and special requirements for outside display within zoning districts.

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

(a)

At a street intersection, clear vision must be maintained for a minimum of 25 feet across any lot measured from the corner of the property line in both directions.

(b)

At an intersection with an alley, this clearance must be maintained for ten feet.

(c)

Shrubs and hedges that are typically less than 30 inches in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.

(d)

A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.

Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

5.34.1.

Home occupations shall be permitted as accessory use in single-family residential zoning districts provided that they comply with all restrictions listed in section 5.5 (without regard to whether the use is indicated on the use chart).

5.34.2.

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street.

5.34.3.

Such use shall be incidental and secondary to the use of the premises for residential purposes.

5.34.4.

The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs.

5.34.5.

Not more than two patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located (exempting drop-off and pickup when vehicle operator is not staying at the location for a short period).

5.34.6.

One commercial vehicle, capacity of one ton or less, according to the manufacturer's classification, may be used, or parked behind the front building line on the property, in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback.

5.34.7.

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification.

5.34.8.

The home occupation use/activity shall take place primarily within the dwelling, and there shall be no open storage, including trailers, or outside display related to the home occupation use.

5.34.9.

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain.

5.34.10.

The home occupation shall not generate noise, vibration, glare, fumes or odors, heat or electrical interference beyond what normally occurs within a residential district.

5.34.11.

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.

5.34.12.

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the inventory is stored within the dwelling on a temporary basis, associated with sales that took place off premises, through a sale from a catalog, or the commodity is made or assembled on-site, including arts and crafts items, handmade clothing.

5.34.13.

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

5.34.14.

The occupation shall not be conducted primarily in temporary building, or involve any open storage.

Home occupations shall also be subject to any and all other provisions of local, state and federal regulations and laws that govern such uses.

Subject to the provisions of this subsection 5.8 [section 5.E], home occupations may include (but are not necessarily limited to) the following uses:

(a)

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

(b)

Author, artist or sculptor;

(c)

Dressmaker, seamstress or tailor;

(d)

Music or dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than six pupils at a time;

(e)

Individual tutoring and home schooling;

(f)

Office facility of a minister, rabbi, priest or other clergyman;

(g)

Home crafts, such as rug weaving, model making, etc.;

(h)

Office facility of a salesman, sales or manufacturer's representative, provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

(i)

Repair shop for small electrical appliances, cameras, watches and clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

(j)

Food preparation establishments such as cake making, decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;

(k)

Day care with less than three children or three adults as paying customers.

(1)

Registered family homes, in compliance with applicable state laws, which are incorporated herein by reference, with no more than six children or adults;

(m)

Barbershop or beauty salon or manicure studio, provided that no more than one customer is served at a time;

(n)

Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time;

(o)

Pest control; and

(p)

Heating, ventilation and air conditioning.

Home occupations shall not, in any event, be deemed to include the following uses:

(a)

Animal hospitals or clinics, commercial stables having more than two horses per acre or kennels;

(b)

Restaurants or on-premises food or beverage, including private clubs, consumption of any kind, except for limited food or meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

(c)

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

(d)

On-premises retail or wholesale sales of any kind where multiple customers patronize the sales business on-site, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;

(e)

Commercial clothing laundering or cleaning;

(f)

Mortuaries or funeral homes;

(g)

Trailer, vehicle, tool or equipment rentals;

(h)

Repair shops for any items having internal combustion engines; and,

(i)

Any use that would be defined by the International Building Code as an assembly, factory or industrial, hazardous, institutional or mercantile occupancy.

Any use that is not either expressly allowed nor expressly prohibited by subsection 5 [subsection 5.E] is considered prohibited, unless and until such use is classified by amendment to this chapter by the city council, subsequent to an affirmative recommendation by the P&Z.

5.39.1.

Any home occupation that was legally in existence as of the effective date of this chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this chapter shall be required upon registration.

5.39.2.

Any home occupation that was legally in existence as of the effective date of this chapter and that conforms to the provisions herein shall be hereby authorized to continue.

Standards for controlling accessory dwelling units are set forth to ensure that accessory dwelling units are ancillary to primary living spaces or other uses and are appropriate within the various zoning districts in which they are allowed. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property owners and by occupants of neighboring residential dwellings, while providing opportunities for accessory dwelling units.

(Ord. No. 2022-08, § 2, 4-5-2022)

Accessory dwelling: An accessory dwelling space that is on-site with a primary living space and that may be contained within the space structure as the primary, or may be contained in a separate standalone structure. Also, an accessory dwelling unit can include an accessory dwelling space that is on-site with another use other than a residence as specifically allowed within certain zoning districts.

Attached unit: A dwelling unit that is either wholly enclosed within the primary structure or shares at least one full wall with the primary structure. Attached units do not include units attached by an open-aired breezeway or other minimally attached method. Whether a unit is attached or detached is a determination made by the Planning Director at the time of application for an accessory dwelling unit.

Detached unit: A dwelling unit that is entirely detached from the primary structure or that is minimally attached in a way so the ADU does not share one full wall with the primary structure.

Livable area: The interior floor area of a dwelling, including stairways, halls, and closets, but excluding porches, garages, breezeways, or carports.

(Ord. No. 2022-08, § 2, 4-5-2022)

Accessory dwelling units are only permitted in those districts where ADUs are allowed as listed in the city's zoning ordinance land use chart. Each lot is only permitted one ADU.

(Ord. No. 2022-08, § 2, 4-5-2022)

5.53.1.

Height regulations.

(a)

Attached units: Except as provided in this subsection, all height regulations for the zoning district apply including specific height regulations for attached units included in the zoning district regulations.

(b)

Detached units: Building height for detached units shall not exceed the height of the lot's existing primary dwelling unit except as described below:

i.

ADUs located above a detached vehicle parking garage may exceed the height of the lot's existing primary dwelling unit. However, the overall height of the detached garage and ADU cannot exceed 30 feet.

5.53.2.

Location.

(a)

Except as provided in this subsection, the side and rear yard setback regulations of the underlying zoning remain in effect.

(b)

Detached ADUs must maintain a minimum ten-foot buffer between the ADU and the primary structure. The required buffer is inclusive of any open air breezeway or other minimally attached method.

(c)

An ADU may not be located in front of a primary structure and must be at least 25 feet behind the front façade of the primary structure.

5.53.3.

Parking. A minimum of one parking space, in addition to any required parking spaces for the primary structure or other uses, is required.

5.53.4.

Building and development standards.

(a)

Site plan: A site plan indicating the exact location of the proposed ADU must accompany any building permit application or waiver/variance application for an ADU

(b)

Elevations: Elevation details for the proposed ADU must accompany any building permit application or waiver/variance application for an ADU

5.53.5.

ADU size. The maximum livable area of an ADU shall not exceed the lesser of:

(a)

700 square feet; or

(b)

50 percent the square footage of the livable area of the main house.

(a)

A waiver application may be submitted prior to or concurrently with a building permit application.

(b)

The application shall fully state in writing the grounds for the application, and all of the facts relied upon by the applicant. The application for the waiver must be submitted not less than 30 days prior to the city council meeting at which the request will be considered.

(c)

After a public hearing, the city council may grant a waiver to authorize deviation from a regulation within this section, accessory dwelling units, if in the opinion of the city council, the requested deviation:

(1)

Will not adversely affect neighboring properties;

(2)

Is not contrary to the public interest;

(3)

Is consistent with the design of the primary structure;

(4)

Is consistent with the character of the neighborhood;

(5)

Meets all other supplemental standards of the zoning ordinance and related land use requirements; and

(6)

Provides for mitigation of any adverse effects or impact of the requested deviation.

(d)

The decision of the city council is final.

(e)

Notice and public hearing.

(1)

City council shall hold a public hearing prior to consideration of each ADU waiver application.

(2)

Notice of the hearing must be published on the city's website no more than 30 nor less than 15 days prior to the first hearing at city council.

(3)

Notice of the hearing shall be provided to all property owners within 300 feet of the affected property no more than 30 nor less than 15 days prior to the public hearing.

(4)

Weather-resistant signs shall be erected on the property under application for the purposes of advertising the zoning amendment request.

i.

The signs shall be provided by the city.

ii.

Signs placed on the property involved must be within ten feet of any property line paralleling any established or proposed street, and must be visible from that street.

iii.

All required signs shall remain on the property until final disposition of the waiver request is determined.

(Ord. No. 2022-08, § 2, 4-5-2022)