Effective on: 8/9/2022

3. C.
   Single-Family Detached. This housing type consists of a residence located on a privately-owned lot with private yards on each side of the unit, as shown in Figure 3.102-1, Single-Family Detached. Table 3.102-1, Single-Family Detached Lot and Building Standards, sets out the dimensional standards for single-family detached units.

   1. 1.
      Tiny Houses. This housing type is any single-family detached residential structure that is 600 square feet in area or less. It includes detached Accessory Dwelling Units (ADUs) as provided for in Section 2.206.E.9.

      1. a.
         General.

         1. i.
            One (1) tiny house is allowed per lot unless located in the Residential, Multifamily (RM) District or as part of an approved Planned Unit Development (PUD).
         2. ii.
            Tiny houses used as ADUs must follow Section 2.206.E.9, Detached ADU.
         3. iii.
            Tiny houses are required to follow all material, permitting, building safety, fire, and health standards as larger houses.
         4. iv.
            A tiny house on wheels (THOW) is classified as a recreational vehicle (RV) and must follow Limited Uses Standards, Section 2.203.E.19, and all other regulations regarding RVs of this code.
         5. v.
            Tiny houses are subject to all building standards in Table 3.102-1 per Zoning District. Lot size may only be reduced subject to the Housing Bonus qualifying criteria of Subsection 3.102.E, below.
         6. vi.
            Each tiny house must have the same minimum facilities as a larger house, including lavatory with wash basin and flush toilet. Each unit must also have a bathtub or shower.
   2. 2.
      Manufactured Homes. When not located in a manufactured home park, a manufactured home must follow dimensional standards in Table 3.102-1, Single-Family Detached Lot and Building Standards. Section 3.103 establishes regulations for Manufactured Home Subdivisions.

      1. a.
         Recreational Vehicles (RVs).

         1. i.
            No recreational vehicle or tent shall be used as a permanent place of residence.
         2. ii.
            Campgrounds and RV parks are allowed under Limited Uses Standards, Section 2.203.E.19.

Figure 3.102-1 Single-Family Detached
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-1 Single-Family Detached
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-1 Single-Family Detached
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-1 Single-Family Detached
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

4. D.
   Single-family Attached. This housing type consists of two or more dwelling units that share one or more walls. Each dwelling unit is located on a privately-owned lots with fee simple ownership.

   1. 1.
      Twin Houses. 
      These are two-family structures where the dwelling units share a central side wall. The twin house is divided into lots for individual fee simple ownership. See Figure 3.102-2, Twin House and Table 3.102-2, Twin House Lot and Building Standards.

Figure 3.102-2 Twin House
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-2 Twin House
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-2 Twin House
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-2 Twin House
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

4.  
   2. 2.
      Townhouse and Weak-link Townhouse. These are three or more attached dwelling units where the units are lined up in a row and share side walls. They are divided into privately-owned lots per dwelling unit for individual fee simple ownership. The weak-link townhouse has both a one- and two-story portion of each unit and is, thus, wider than the traditional townhouse. See Figure 3.102-3, Townhouses; and Figure 3.102-5, Weak-Link Townhouses for illustrations. See Table 3.102-3, Townhouse and Weak-Link Townhouse Lot and Building Standards, for lot and building standards.

Figure 3.102-3 Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-3 Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-3 Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-3 Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-4 Weak-Link Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-4 Weak-Link Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-4 Weak-Link Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-4 Weak-Link Townhouse
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

5. E.
   Multifamily. This housing type is consists of multiple dwelling units on a single lot and is typically a form of rental property or leasehold ownership. Developments may contain communal yards, recreation areas, and/or other community facilities.

   1. 1.
      Duplex. This is a two-family dwelling located on a single lot. Dwelling units share at least one party wall. Structures are designed to look like a large, single-family unit. See Figure 3.102-5, Duplex, and Table 3.102-4, Duplex and Multiplex Lot and Building Standards.

Figure 3.102-5 Duplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-5 Duplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-5 Duplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-5 Duplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

5.  
   2. 2.
      Multiplex. This housing type has three or four units in a single building and is designed to look similar to a large, single-family unit. Dwellings will share one or more walls with adjacent units. See Figure 3.102-6, Multiplex, and Table 3.102-4, Multiplex Lot and Building Standards.

Figure 3.102-6 Multiplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-6 Multiplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-6 Multiplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-6 Multiplex
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

5.  
   3. 3.
      Apartment. The apartment type is typically in the form of apartments or condominiums of two to six stories with five or more dwelling units in each building. See Figure 3.102-7, Apartment, and Table 3.102-5, Apartment Lot and Building Standards. 

Figure 3.102-7 Apartment
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-7 Apartment
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-7 Apartment
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

Figure 3.102-7 Apartment
A = Lot Area; B = Lot Width; C = Street Yard; D = Street Side Yard; E = Side Yard; F = Rear Yard; G = Building Height

5.  
   4. 4.
      Manufactured Home Park. Manufactured homes are placed on lots in manufactured home parks or manufactured home park subdivision where the lots meet standards that depend on whether the unit is of single-wide or double-wide construction. See Section 3.103, Standards for Manufactured Home Subdivisions.

6. F.
   Housing Bonus. The purpose of this Subsection is allow for the production of smaller houses on smaller lots to in order to increase the availability of affordable housing. The lot area bonus is designed to encourage smaller, more affordable units. A second incentive is a bonus provided reduced lot and building standards for affordable units either publicly subsidized, or affordable market units provided in subsection 3.102.E.1.b, Housing Bonus Eligibility, below.

   1. 1.
      Incentives.

      1. a.
         District Incentives. The residential districts contain provisions that are designed to make housing more affordable. The variable lot size provisions are intended to provide a greater mix of housing costs in each development.
      2. b.
         Housing Bonus Eligibility. Affordable housing is subject to an automatic density bonus. There are two ways to be eligible for the bonus. The first is to provide housing under a state or federal assistance program. The second is to use the density bonus to help reduce the costs of market units. Following are the review criteria that shall be met to achieve the bonus: 

         1. i.
            Subsidized Housing. Where the housing is subsidized by a state or federal, affordable or low- and moderate-income housing program, the development shall be eligible.  For developments over 200 units, no more than 35 percent shall be subsidized.  For developments of 50 to 199 units, no more than 45 percent shall be subsidized. Smaller projects may have 60 percent of the units subsidized, except that six-unit developments may be 100 percent subsidized.
         2. ii.
            Market Housing. The market housing shall be made more affordable by the developer. At least ten percent of the units shall be reduced in price to make them more affordable than the average market units in the development. The developer shall submit a proforma to assist in the evaluation of how the units are made more affordable. The following criteria must be met:

            1. 1.
               All units shall use the same general architectural materials, details, and finishes on the exterior so that affordable units are not distinguishable by materials and finishes. Less expensive interiors may be used to reduce per square foot costs.
            2. 2.

               The developer shall demonstrate that the bonus density is used to bring down the cost of land and infrastructure by demonstrating that land cost was not increased in anticipation of the developer receiving the density bonus. It must be further demonstrated that the land costs associated with the affordable units are only those associated with the actual development of those lots, not costs that would be incurred even if fewer units were built. Instead of averaging the utility or street costs (bring the cost per unit down for all units), these costs should be zero for the affordable units. For example, the costs of streets and utilities would not be added to the cost of the affordable units; only the connection costs for utilities and curb cut costs would be chargeable.

            3. 3.
               Affordable units shall have less floor area than other units. In part, this may be accomplished through using the smaller lot sizes or housing types or building on the smallest lots in the averaged lot regulations. 
      3. c.
         Affordable Housing Bonus. The developer of affordable housing shall receive a density bonus so that such development exceeds the density permitted in Table 3.102-1.

         1. i.
            Subsidized Development.  A subsidized development meeting the requirements of subsection 3.102.F.1.b.i. shall receive a 15% density bonus, except that small developments (under 10 units) or scattered developments may receive a 20 percent bonus. To quality as scattered the sites shall be separated by a minimum of 660 feet from other subsidized units.
         2. ii.
            Market Development. A development meeting the requirements of subsection 3.102.F.1.b.ii., shall receive a 15% bonus.  Of the bonus units, two thirds shall be affordable units with the other third being market units.
      4. d.
         Fee Waivers. The City Council may, upon request of a developer, opt to pay any adopted impact fees on the developer's behalf, or waive City-charged connection fees for water or sewer, or waive building permit fees for the development of affordable or workforce housing if it is demonstrated that:

         1. i.
            Housing Cost Reduction. The savings will be passed on to the purchaser;
         2. ii.
            Significant Need. The proposed development addresses a significant, identified housing need in the community.

7. G.
   Zoning Modulation. This subsection covers modulations of certain zoning requirements that are permitted following staff review. Modulations shall not be permitted unless all other requirements of this subsection and applicable City codes are met.

   1. 1.
      Alley Lots. Where an alley is used for primary or sole vehicular access, yard adjustments may be allowed to achieve a more urban streetscape and provide larger rear yards. The front yards of single-family or two-family houses may be reduced to a minimum of 12 feet, with the rear yard being increased an amount corresponding to the decrease in the front yard. For attached single-family dwelling units, the setback may be a minimum of eight feet, with the rear yard increased proportionately. The City shall review conditions on property across the street from the proposed development and may require a larger than minimum setback or additional landscaping to make a better transition between units with the reduced yards and existing dwellings with conforming yards.
   2. 2.
      Windowless Walls. In lot-line, atrium, and patio units, windows are generally prohibited from looking into the neighboring yards. Windows shall be permitted in walls designated as windowless, only if it is demonstrated that:

      1. a.
          The adjoining land is public right-of-way;
      2. b.
         The adjoining land is open space: 

         1. i.
            With a width of 15 to 40 feet, in which case windows are limited to eight square feet per room and are intended to provide light and very limited views; or
         2. ii.
            With more than 40 feet in width, in which case windows may be up to 12 square feet per room; or
      3. c.
         Windows are frosted or composed of glass block, do not open, are materially offset from windows of any type on adjoining property, and satisfy all applicable building code requirements. 
   3. 3.
      Building Separation for Attached Dwelling Units. Various attached dwelling unit types have no side yards. Spacing between attached units are regulated by building spacing, which requires breaks between groups of units in order to provide light, air, and access. These spacing requirements may be modified as provided in this subsection.

      1. a.
         Irregular Facing Walls. Where facing building planes are not a straight line, the average distance between the adjoining walls shall be used to measure building spacing, provided that no portion of the building is closer than 80 percent of the minimum building spacing.
      2. b.
         Non-Parallel Building Alignment. Where building walls are not parallel, the minimum building separation may be reduced. The average separation must be equal to the requirement of Division 3.200, Standards for Non-Residential and Mixed-Use Development, and the minimum shall be no less than 80 percent of that requirement.
      3. c.
         Building Code. The building code may establish increased requirements based on the fire-rating of the construction. In some cases, vehicular access may be required by the fire department. If that is the case, the stricter standard shall be met.
   4. 4.
      Additional Dwelling Unit Types. While every effort has been made to provide a wide range of housing types, different housing types may be produced. Staff shall require the applicant for a new housing type to submit relevant information, including, but not limited to, drawings and elevations of their proposed housing type and a comparison of at least the two most comparable housing types that are already permitted. In approving a new type, the Administrator shall find all the following conditions have been met:

      1. a.
         New Type. The applicant shall demonstrate that it is a new type of dwelling unit, having different design requirements that cannot be achieved with the existing types.
      2. b.
         Size. The staff must determine that the proposed housing type is not just a more dense version of one of the currently permitted housing types.
      3. c.
         Adequate Space. The housing type addresses issues of providing privacy, usable yard space, and adequate light and air.
      4. d.
         Garage Exposure. The parking does not create a community character in which garages and drives dominate the front facades of the buildings.
      5. e.
         Appropriateness of Unit. There is a valid reason for the unit type such as, but not limited to, the following; 

         1. i.
            The design caters to a specific market segment, such as the elderly, and a different living arrangement is required which requires a different housing design. 
         2. ii.

            The housing type requires specific design rules due to its unique architecture and floor plan that provides a different living style.

Effective on: 8/9/2022

Figure 3.103-1  Manufactured Homes

Figure 3.103-1  Manufactured Homes

Figure 3.103-1  Manufactured Homes

Figure 3.103-1  Manufactured Homes

4. D.
   Access, traffic circulation and parking requirements for manufactured home parks.

   1. 1.
      Streets Generally. Internal streets in manufactured home community park shall be privately owned, built, and maintained. Streets shall be designed and constructed to City specifications for safe and convenient access to all spaces and to facilities for common use of park residents. Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any areas of the manufactured home community park. The Police Department shall be authorized to issue citations for the violation of the provisions hereof and to remove and impound offending vehicles.
   2. 2.
      No Parking Signs. On all sections of internal streets on which parking is prohibited under this chapter, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height, and location shall be approved by the City prior to installation.
   3. 3.
      Construction. All internal streets shall be constructed to specifications established by the City and shall be maintained by the owner or agent free of cracks, holes, and other hazards. Internal streets shall be designed by a registered professional engineer and designs shall be approved by the City. 
   4. 4.
      Street Dimensions. An internal street or common access route shall be provided to each manufactured home space. Such street shall have a minimum paved width, back of curb to back of curb, of 32 feet. On-street parking shall be permitted on only one side of the street. The internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a cul-de-sac having a minimum diameter of 80 feet. No internal street ending in a cul-de-sac shall exceed 600 feet in length.
   5. 5.
      Parking Spaces. At least two off-street parking space shall be provided at each manufactured home space.
   6. 6.
      Street Names and Lot Numbers. Within each manufactured home community park or subdivision, all streets shall be named, and manufactured home lots numbered to conform with block numbers on adjacent public streets. All street name signs and house numbers shall be of reflective material. Street signs for private streets shall be of a color and size contrasting with those on public streets so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles.
   7. 7.
      Location of Public Street Intersections. Interior streets shall intersect adjoining public streets at approximately 90 degrees and at locations which will eliminate or minimize interference with traffic on those public streets.
   8. 8.
      Parking vehicles in spaces only. No vehicle may be parked on any manufactured home site except on a paved or concrete surfaced, off-street parking space.
5. E.
   Street lighting for manufactured home parks and subdivisions. Street lighting within the manufactured home community park or subdivision shall be provided by the developer. Light standards shall meet City standards.
6. F.
   Recreation area for manufactured home parks.

   1. 1.
      Required. All manufactured home community parks shall have at least one recreation area.
   2. 2.
      Extent. Recreation areas and facilities such as playgrounds, swimming pools, and community buildings shall be provided which in the judgment of the park licensee or agent will meet the anticipated needs of the clientele which the park is designed to serve. Provision of separate adult and tot lot recreation areas is encouraged.
   3. 3.
      Size of Recreation Area. Not less than five percent of the gross site area of the manufactured home community park shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools, and drying yards, but not including vehicle parking areas.
   4. 4.
      Playground Location. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares, and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards.
7. G.
   Water supply for manufactured home parks and subdivisions.

   1. 1.
      Generally. An accessible, adequate, safe and potable supply of water shall be provided in each manufactured home community park or subdivision. Connection shall be made to the public supply of water unless a special exception is granted by the City to use a private water supply system. If a private supply is utilized for service to the manufactured home community, the private supply shall be adequate both for domestic requirements and for firefighting requirements established by the City.
   2. 2.
      Water Distribution System.

      1. a.
         The water supply system of the manufactured home community park or subdivision shall be connected by pipes to all manufactured home community lots, buildings, and other facilities requiring water.
      2. b.
         All water piping fixtures and other equipment shall be constructed and maintained in accordance with state and City regulations and requirements.
      3. c.
         All water lines will be provided with a cutoff valve at each manufactured home community and the main cutoff valve in appropriate locations at main line running through the park.
   3. 3.
      Riser Parks And Connections. Individual water riser pipes and connections shall be in accordance with requirements of the City's Plumbing Code. 

8. H.
   Sewage disposal for manufactured home parks and subdivisions.

   1. 1.
      General requirements. An adequate and safe sewerage system shall be provided in all manufactured home community parks and subdivisions for conveying and disposing of all sewage. The sewer system for a manufactured home community shall be constructed in accordance with the City's Plumbing Code. All proposed sewage disposal facilities shall be approved by the City prior to construction except that the use of septic tanks for the disposal of sewage shall not be approved within the City limits. The use of septic tanks outside the City may be approved by the City with appropriate certification and licensing from county health authorities. Effluents from sewage treatment facilities shall not be discharged into any waters of the state.
   2. 2.
      Sewer Lines. All sewer lines shall be constructed and made of materials in accordance with the City's Plumbing Code.
   3. 3.
      Individual Sewer Connections.

      1. a.
         Each manufactured home stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the manufactured home drain outlet will approximate a vertical position.
      2. b.
         The sewer connection to the manufactured home from the sewer riser pipe and any other sewer connections shall be in accordance with the requirements of the City's Plumbing Code.
      3. c.
         All materials used for sewer connections shall be in accordance with the City's Plumbing Code.
      4. d.
         Provision shall be made for plugging the sewer riser pipe when no manufactured home occupies the space. Surface drainage shall be diverted away from the riser.
      5. e.
         No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the ground surface.
9. I.
   Electrical, telephone, TV cable, and gas distribution systems for manufactured home parks and subdivisions.

   1. 1.
      General Requirements. Every manufactured home community park or subdivision shall contain an electrical wiring system consisting of wiring, fixtures, equipment, and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations for such systems.
   2. 2.
      Power Distribution Lines, individual electrical connections and grounding. Power distribution lines shall be located underground. Individual electrical connections and grounding of the manufactured home and equipment shall comply with the City's Electrical Code.
   3. 3.
      Telephone and TV Cable Systems. All telephone and cable TV distribution systems shall be underground and in accordance with applicable codes and regulations.
   4. 4.
      Natural Gas Cutoff. All natural gas lines will be provided with a cutoff valve at each manufactured home lot and a main cutoff valve in appropriate locations at main line running through the park.
   5. 5.
      Natural Gas Connection Required. Occupants of all parks shall connect to natural gas where it is available.
   6. 6.
      Fuel. Trailer gas connections must include a "regulator" unless they are individually metered. Bottled gas for cooking purposes shall not be used at individual manufactured home lots unless the containers are properly connected by copper or other metallic tubing. Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located in a mobile home or recreational vehicle or within five feet of a door thereof. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed.
10. J.
    Carports. Carports allowed must meet the following requirements: 

    1. 1.
       The style, material, roof pitch, height, color, and design of the carport is similar to the manufactured home;
    2. 2.
       The carport is constructed over an approved driveway surface;
    3. 3.
       The carport must be anchored to a foundation and equipped to withstand 100 mph winds;
    4. 4.
       The construction materials for the carport must meet City building and fire code requirements;
    5. 5.
       The carport must comply with side yard setback requirements; and
    6. 6.
       The carport shall not be greater than 400 square feet in size.
11. K.
    Responsibilities of park management.

    1. 1.
       All responsibilities set out elsewhere in this chapter.
    2. 2.
       The licensee (owner) or licensee's agent (manager) shall operate the park in compliance with this chapter and other applicable ordinances and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
    3. 3.
       The licensee (owner) or licensee's agent (manager) shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities.
    4. 4.
       The licensee (owner) or licensee's agent (manager) shall maintain a register of park occupancy which shall contain the following information:

       1. a.
          Name and address of park residents, and their dates of arrival and departure.
       2. b.
          Mobile home and recreational vehicle registration data, including make, length, and width.
       3. c.
          Location of each manufactured home and recreational vehicle within the park by space or lot number and street address.
    5. 5.
       A new register, in a hard-bound book, shall be initiated on January 1 of each year, and the old register be retired but shall be retained on the premises for at least three years following the retirement. Registers shall be available for inspection at all reasonable times by an official of the City whose duties may necessitate access to the information contained therein.
    6. 6.
       The licensee (owner) or licensee's agent (manager) shall furnish to the Code Enforcement Officer within ten days after January 1 of each year a list of all manufactured homes and recreational vehicle residents in the park as of January 1. The list shall contain the owner's name and address, the make, length and width of the home, and the address or location description of each manufactured home and recreational vehicle within the park.
    7. 7.
       A map showing the location, size, and depth of all utility, gas, or other lines shall be maintained on the premises for inspection and other purposes.
    8. 8.
       Additional construction. It shall be unlawful for any person operating a manufactured home community park or occupying a manufactured home or recreational vehicle to construct or permit to be constructed in such park, or in connection with such manufactured home or recreational vehicle any additional structure, building or shelter in connection with or attached to a manufactured home or recreational vehicle; except, however, awnings of canvas or metal, suitably constructed, may be attached to the manufactured homes and recreational vehicles, as well as portable, prefabricated, temporary rooms for the express purpose of increasing manufactured home or recreational vehicle living area, commonly called "cabaña" which meet the following requirements:

       1. a.
          Conform with the City building, fire, and health codes.
       2. b.
          Such rooms shall be completely dismantled and removed from the site at the time the manufactured home or recreational vehicle to which it is accessory is moved.
    9. 9.
       All manufactured home or recreational vehicle park owners or operators must furnish City-owned refuse containers for use of park residents.
12. L.
    Responsibilities of park occupants.

    1. 1.
       All responsibilities set out elsewhere in this chapter.
    2. 2.
       The park occupant shall comply with all requirements of this chapter and shall maintain such occupant's manufactured home space, its facilities and equipment in good repair and in a clean and sanitary condition.
    3. 3.
       Skirting with the necessary vents, screens, and openings shall be required on all manufactured homes and recreational vehicles. Skirts shall be installed prior to issuance of the occupancy permit. Skirting shall be constructed out of solid non-combustible material similar to manufactured homes.
    4. 4.
       Skirting, porches, awnings, and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home or recreational vehicle for storage shall not be permitted where it constitutes a fire or health hazard in the opinion of the City Inspector.
    5. 5.
       It shall be the responsibility of each park occupant to anchor their manufactured home or recreational vehicle in accordance with state law governing such anchoring.
    6. 6.
       The use of solid blocks shall be required for support.
    7. 7.
       Occupants of all parks shall utilize common clothes drying areas where provided by park management.
    8. 8.
       Maximum speed limit in all parks shall be 15 miles per hour.
13. M.
    Licenses for manufactured home park owners.

    1. 1.
       License Required. It shall be unlawful for any person to operate any manufactured home community park within the limits of the City unless such person holds a valid license issued annually by the City in the name of such person for the specific park. All applications for licenses shall be made in writing on forms furnished by the City. The City shall not issue a license unless the applicant is a valid holder of a certificate of occupancy. At any time a certificate of occupancy is revoked, the license is automatically void. All manufactured home community parks must make annual application for a license in order to operate. All individual manufactured homes located outside of licensed parks or approved mobile home subdivisions and existing prior to the passage of the ordinance from which this chapter is derived shall have a period of one year from the date of notification by registered mail to comply with the terms of this chapter.
    2. 2.
       Application for Original License. Application for the original license shall be in writing signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of the license fee hereinafter provided, and shall contain:

       1. a.
          The name and address of the applicant.
       2. b.
          The location and legal description of the park. All park sites in the City or in the area of extraterritorial jurisdiction shall be platted in conformance with the subdivision regulations. Additionally, all sites in the City shall meet zoning requirements.
       3. c.
          A site plan of the park showing all manufactured home spaces and other data.
       4. d.
          Before the original license is issued, each community shall be inspected and approved by fire, utility, public works, code enforcement and planning officials.
    3. 3.
       Denial; Hearing. Any person whose application for a license under this chapter has been denied may request and shall be granted a hearing on the matter before the City Council.
    4. 4.
       Fee. All original license applications or renewals thereof shall be accompanied by a fee of $100.00 to be deposited to the general fund.
    5. 5.
       Transfer Notice. Every person holding a license shall give notice in writing to the City within ten days after having sold, transferred, given away, or otherwise disposed of interest in or control of any manufactured community park. Application for transfer of license shall be made within ten calendar days after notification of change​​​​​​​. Within ten calendar days thereafter, the City shall act on the application for license transfer and it shall be approved if the park is in compliance with the provisions of this chapter.
    6. 6.
       Transfer Fee. All applications for license transfer shall be accompanied by a fee of $50.00.
    7. 7.
       Violations; Notice; Suspension of License. Whenever, upon inspection of any manufactured home community park, the Code Enforcement Officer, in consultation with other City officials, finds that conditions or practices exist which are in violation of any provision of this chapter, such officer shall give notice in writing​​​​​​​) the licensee or licensee's agent that unless such conditions or practices are corrected within a reasonable period of time specified in such notice, the license shall be suspended. At the end of such period of time, the Code Enforcement Officer shall reinspect such park, requesting assistance from other City departments or agencies as may be required, and if such conditions or practices have not been corrected, it shall suspend the license and give notice in writing of such suspension to the licensee or licensee's agent. Upon receipt of notice of such suspension, the licensee shall cease operation of such park​​​​​​​.
14. N.
    Inspection of manufactured home parks.

    1. 1.
       Inspection Required. The Code Enforcement Officer, the Fire Marshal, and appropriate City utility, public works, and law enforcement officials are hereby authorized and directed to make such inspections as are necessary to determine compliance with this chapter.
    2. 2.
       Entry On Premises. The Code Enforcement Officer, the Fire Marshal, and appropriate City utility, public works and law enforcement officials shall have the power to enter during regular business hours upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
    3. 3.
       Duty of Occupants. It shall be the duty of every occupant of a manufactured home community park to give the license, licensee's agent, or authorized public employee access to any part of such park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter.
15. O.
    Notices, hearings, and orders.

    1. 1.
       Notice of Violations; Requirements of Notice. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this chapter, the City shall give notice of such alleged violation to the licensee or agent as hereinafter provided. Such notice shall:

       1. a.
          Be in writing;
       2. b.
          Include a statement of the reasons for its issuance;
       3. c.
          Allow a reasonable time for the performance of the act it requires;
       4. d.
          Be served upon the license or licensee's agent; provided, that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been sent by mall to such person's last known address, or when such person has been served with such notice by any method authorized or required by the laws of this state; and
       5. e.
          Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
    2. 2.
       Appeal from Denial of Permit. Any person affected by the refusal of the Code Enforcement Officer to issue a permit under the provisions of this chapter may request and shall be granted a hearing on the matter before the City Council; provided, that such person shall file within 15 days after the day the permit was refused in the office of the Code Enforcement Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the Code Enforcement Officer shall forward it to the City Secretary, who shall request the City Council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such refusal should be modified or withdrawn.
    3. 3.
       Appeal from Notice Issued by The City. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the City Council; provided, that such person shall file within 15 days after the day the notice was served in the office of the Code Enforcement Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension.​​​​​​​ Upon receipt of such petition, the Code Enforcement Officer shall forward such petition to the City Secretary, who shall request the City Council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
    4. 4.
       Hearing; Order. After such hearing, the City shall issue an order in writing sustaining, modifying, or withdrawing the refusal​​​​​​​. Upon failure to comply with an order by the City sustaining or modifying a decision thereof, the occupancy permit and the license of the park affected by the order shall be revoked.
    5. 5.
       Order without Notice. Whenever the City finds that an emergency exists which requires immediate action to protect the public health or safety, it may without notice or hearing issue an order reciting the existence of such an emergency and requiring that action be taken as it may deem necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon written petition to the City shall be afforded a hearing as soon as possible.
16. P.
    Conflict with Other Ordinances. Whenever the standards and specifications in this chapter conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
17. Q.
    Coordination with Subdivision Regulations.

    1. 1.
       It is the intent of this chapter that the subdivision regulations of the City be carried out simultaneously with the review of the manufactured home or recreational vehicle park provisions.
    2. 2.
       The plans required under this chapter must be submitted in a form which will satisfy the requirements of the subdivision control regulations for the preliminary and final plans.
18. R.
    Enforcement. The City may elect, at its option, to enforce one or more of the following options to this Chapter:

    1. 1.
       Denial of plat approval: V.T.C.A., Property Code § 12.002 states that ". . . no plat shall be recorded unless it contains such data, nor shall any County Clerk record a plat which has not received the prior approval of the appropriate City Council or Planning Commission."
    2. 2.
       Institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter.
    3. 3.
       Denial of public utilities.
    4. 4.
       Denial of building permit.
    5. 5.
       Punish​​​​​​​ for misdemeanor offenses within the corporate limits of the City. Violations of the permit and location requirements set forth in this chapter shall be punished as provided below
19. S.
    Penalty.

    1. 1.
       Whoever violates any provision of this chapter for which no other penalty has been provided shall be subject to the penalty established in Section 10.99 of the City Code of Ordinances.
    2. 2.
       Violations of the permit and location requirements set forth in this chapter shall be punished by a fine not to exceed $1,000.00.

Effective on: 8/9/2022

Effective on: 8/9/2022

Effective on: 8/9/2022

Table 3.301-1 Measurements
Measurement	Methodology	Illustration
Building Coverage	The area of a parcel occupied by permanently anchored primary and/or accessory buildings.
Floor Area Ratio	The gross floor area of all buildings on a lot, divided by the lot area.
Gross Floor Area	The total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.   Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling.   Restrooms and areas used exclusively for storage shall not be included.   No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells). The protected upper floors of open atriums and foyers shall not be included.
Height	Buildings: In accordance with the adopted building code the vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof. Where a parapet is used to screen rooftop mechanical equipment, the overall height including the parapet may exceed the stated maximum height by no more than five feet.
	Walls or Fences: The vertical distance from the lowest part of the ground within three feet of either side of a wall or fence to the top of the wall or fence.
Lot Area	The total horizontal area included within property lines. Lot width multiplied by lot depth.
Lot Width	For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line. For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front building line.
Setback	The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, or, in the case of an abutting private street, the back-of-curb, unoccupied and unobstructed by any portion of a structure from the ground upward. The street setback and rear setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.
Visibility Triangle	A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.   The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade.
Block Length	The sum of the lengths of the lot lines bordering the public right of way,between intersecting streets, measured from the street centerlines.
Block Perimeter	The sum of the lengths of the street that bound a block measured from the street centerlines.
Sign Area	Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign. That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.     Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.
Sign Clearance	Clearance is the distance between the bottom of a sign and the nearest point on the surface under it.
Sign Height	Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.                     Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the attached sign
Sign Separation	The shortest distance possible along the right-of-way where necessary to cross the street
Sign Setback	The shortest distance from each property line to the leading edge of the sign.

Table 3.301-1 Measurements
Measurement	Methodology	Illustration
Building Coverage	The area of a parcel occupied by permanently anchored primary and/or accessory buildings.
Floor Area Ratio	The gross floor area of all buildings on a lot, divided by the lot area.
Gross Floor Area	The total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.   Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling.   Restrooms and areas used exclusively for storage shall not be included.   No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells). The protected upper floors of open atriums and foyers shall not be included.
Height	Buildings: In accordance with the adopted building code the vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof. Where a parapet is used to screen rooftop mechanical equipment, the overall height including the parapet may exceed the stated maximum height by no more than five feet.
	Walls or Fences: The vertical distance from the lowest part of the ground within three feet of either side of a wall or fence to the top of the wall or fence.
Lot Area	The total horizontal area included within property lines. Lot width multiplied by lot depth.
Lot Width	For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line. For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front building line.
Setback	The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, or, in the case of an abutting private street, the back-of-curb, unoccupied and unobstructed by any portion of a structure from the ground upward. The street setback and rear setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.
Visibility Triangle	A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.   The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade.
Block Length	The sum of the lengths of the lot lines bordering the public right of way,between intersecting streets, measured from the street centerlines.
Block Perimeter	The sum of the lengths of the street that bound a block measured from the street centerlines.
Sign Area	Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign. That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.     Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.
Sign Clearance	Clearance is the distance between the bottom of a sign and the nearest point on the surface under it.
Sign Height	Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.                     Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the attached sign
Sign Separation	The shortest distance possible along the right-of-way where necessary to cross the street
Sign Setback	The shortest distance from each property line to the leading edge of the sign.

Table 3.301-1 Measurements
Measurement	Methodology	Illustration
Building Coverage	The area of a parcel occupied by permanently anchored primary and/or accessory buildings.
Floor Area Ratio	The gross floor area of all buildings on a lot, divided by the lot area.
Gross Floor Area	The total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.   Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling.   Restrooms and areas used exclusively for storage shall not be included.   No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells). The protected upper floors of open atriums and foyers shall not be included.
Height	Buildings: In accordance with the adopted building code the vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof. Where a parapet is used to screen rooftop mechanical equipment, the overall height including the parapet may exceed the stated maximum height by no more than five feet.
	Walls or Fences: The vertical distance from the lowest part of the ground within three feet of either side of a wall or fence to the top of the wall or fence.
Lot Area	The total horizontal area included within property lines. Lot width multiplied by lot depth.
Lot Width	For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line. For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front building line.
Setback	The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, or, in the case of an abutting private street, the back-of-curb, unoccupied and unobstructed by any portion of a structure from the ground upward. The street setback and rear setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.
Visibility Triangle	A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.   The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade.
Block Length	The sum of the lengths of the lot lines bordering the public right of way,between intersecting streets, measured from the street centerlines.
Block Perimeter	The sum of the lengths of the street that bound a block measured from the street centerlines.
Sign Area	Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign. That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.     Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.
Sign Clearance	Clearance is the distance between the bottom of a sign and the nearest point on the surface under it.
Sign Height	Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.                     Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the attached sign
Sign Separation	The shortest distance possible along the right-of-way where necessary to cross the street
Sign Setback	The shortest distance from each property line to the leading edge of the sign.

Table 3.301-1 Measurements
Measurement	Methodology	Illustration
Building Coverage	The area of a parcel occupied by permanently anchored primary and/or accessory buildings.
Floor Area Ratio	The gross floor area of all buildings on a lot, divided by the lot area.
Gross Floor Area	The total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.   Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling.   Restrooms and areas used exclusively for storage shall not be included.   No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells). The protected upper floors of open atriums and foyers shall not be included.
Height	Buildings: In accordance with the adopted building code the vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof. Where a parapet is used to screen rooftop mechanical equipment, the overall height including the parapet may exceed the stated maximum height by no more than five feet.
	Walls or Fences: The vertical distance from the lowest part of the ground within three feet of either side of a wall or fence to the top of the wall or fence.
Lot Area	The total horizontal area included within property lines. Lot width multiplied by lot depth.
Lot Width	For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line. For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front building line.
Setback	The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, or, in the case of an abutting private street, the back-of-curb, unoccupied and unobstructed by any portion of a structure from the ground upward. The street setback and rear setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.
Visibility Triangle	A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.   The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade.
Block Length	The sum of the lengths of the lot lines bordering the public right of way,between intersecting streets, measured from the street centerlines.
Block Perimeter	The sum of the lengths of the street that bound a block measured from the street centerlines.
Sign Area	Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign. That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.     Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.
Sign Clearance	Clearance is the distance between the bottom of a sign and the nearest point on the surface under it.
Sign Height	Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.                     Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the attached sign
Sign Separation	The shortest distance possible along the right-of-way where necessary to cross the street
Sign Setback	The shortest distance from each property line to the leading edge of the sign.

Effective on: 8/9/2022

Figure 3.302-1 Lot Averaging

Figure 3.302-1 Lot Averaging

Figure 3.302-1 Lot Averaging

Figure 3.302-1 Lot Averaging

3. C.
   Stepback Plane.

   1. 1.
      Exemptions. Unless otherwise expressly stated, the height regulations in this UDC do not apply to structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers attached to a building, steeples, flagpoles attached to a building, chimneys, smokestacks, water tanks, silos, grain elevators, or similar structures.
   2. 2.
      Setback Plane. As depicted in Figure 3.302-2, Setback Plane, where a building adjoins a property with a single-family dwelling, the building may be increased beyond the maximum permitted if the setback nearest the adjoining single-family dwelling is increased one foot for each one foot of height above the maximum permitted height. 

Figure 3.302-2 Stepback Plane
FIGURE NOTES: A = 1 additional foot of setback required for each foot over maximum building height | B = Single-family dwelling | C = B​​uilding on adjacent property that exceeds permitted maximum building height  | D = Property Line

Figure 3.302-2 Stepback Plane
FIGURE NOTES: A = 1 additional foot of setback required for each foot over maximum building height | B = Single-family dwelling | C = B​​uilding on adjacent property that exceeds permitted maximum building height  | D = Property Line

Figure 3.302-2 Stepback Plane
FIGURE NOTES: A = 1 additional foot of setback required for each foot over maximum building height | B = Single-family dwelling | C = B​​uilding on adjacent property that exceeds permitted maximum building height  | D = Property Line

Figure 3.302-2 Stepback Plane
FIGURE NOTES: A = 1 additional foot of setback required for each foot over maximum building height | B = Single-family dwelling | C = B​​uilding on adjacent property that exceeds permitted maximum building height  | D = Property Line

4. D.
   Height Standards. The following structures and parts of structures are exempt from the height limitations set forth in the zoning districts, except as limited by any height restriction imposed by the Federal Aviation Administration or in Division 2.200, Use Standards. Where lower heights are required, they shall be met.

   1. 1.
      Steeples and bell towers. Steeples and bell towers provided they are not more than 80 percent higher than the maximum height and where no part of the tower or steeple exceeds five percent of the roof area, or 900 square feet of horizontal area whichever is less.
   2. 2.
      Water facilities. Municipal water tanks and sandpipes.
   3. 3.
      Antennae. Radio and television antennae and other reception facilities.
   4. 4.
      Utilities. Public utility poles, towers, and wires. 
5. E.

   Projections into Required Yards.

   1. 1.
      General. The following structures may project into a required yard, beyond the building setback line:

      1. a.
         Awnings/Canopies. Awnings and canopies may project no more than three feet from the building wall into a required yard.
      2. b.
         Bay windows. Bay windows may project no more than two feet from the building wall into: 

         1. i.
            Front and rear yards of any lot; and 
         2. ii.
            Side yards only on the lots are greater than 10,000 square feet. 
      3. c.
         Chimneys. Chimneys may project no more than two feet from the building wall into a required yard.
      4. d.
         Eaves. Overhanging roof, eave, gutter, cornice, or other architectural features may project no more than three feet into a required yard. Where greater overhangs are desired architecturally, the building shall be moved back so as to intrude no further than three feet into the yard.
      5. e.
         Marquees. Marquees, where permitted by Division 4.300, Signs, may project to the property line or 15 feet, whichever is less, in front yards. Intrusion into side yards is permitted only where the fire department indicates that it will not hinder fire access. No intrusion is permitted into rear yards. In the DT district, where buildings are built to the sidewalk line a marquee may extend over the sidewalk provided its lowest point is at least 15 feet above the sidewalk, and the City Engineer approves clearance from any overhead lines. The number of street trees required for the use shall not be reduced.
      6. f.
         Steps. Steps or stairs to a dwelling, non-enclosed, not to project more than four feet into a required yard from a building wall or the edge of a porch.
      7. g.
         Planting boxes. Planting boxes may project no more than 18 inches from the building wall into a required yard.
      8. h.
         Porches (low). Non-enclosed porches, decks, or terraces that are no more than two feet above grade at their highest point may project:

         1. i.
            Into front yards: four feet.
         2. ii.
            Into rear yards of lots that are greater than 15,000 square feet in area: one-half the depth of the rear yard or 50 feet from the building wall, whichever is less.
         3. iii.
            Into rear yards of lots that are 15,000 square feet in area or less: 20 feet, or five feet to any property line, whichever is less.
      9. i.
         Porches (elevated). Non-enclosed porches, decks, and terraces that are more than two feet in height may project into the rear yard, but not the front or side yards. The maximum projection into the rear yard is one-third the depth of the rear yard. For lots with an area that is less than 15,000 square feet, the deck shall be set back from property lines five feet, plus two feet for every foot the deck's maximum height exceeds two feet.
      10. j.
          Carports. In the AO, RS, and RP districts, a carport for a single-family detached dwelling, twin house, or duplex may encroach into a front setback by a maximum of 10 feet, including overhangs.  
      11. k.
          Swimming Pools. A swimming pool may encroach into a required side yard or a street side yard provided it is screened by a completely opaque fence or wall. In no case may a pool encroach into an easement. 
   2. 2.
      Limitations. 

      1. a.
         On lots with an area of 15,000 square feet or less, none of the projections set out in this section are permitted to come closer than three feet to any property line (unless further restricted), nor shall any intrusion be such that it forces trespass onto the adjoining property, unless the encroachment is on the zero lot line side of an approved lot line building and access for maintenance is provided by restrictive covenant.
      2. b.
         Some intrusions need maintenance or are part of an access way. In no case should the result of a permitted intrusion be to require a person using the access way or maintaining the building or structure to encroach upon the adjoining property, unless the encroachment is on the zero lot line side of an approved lot line building and access for maintenance is provided by restrictive covenant.
6. F.
    Structures Permitted within Required Yards. The following structures are permitted within required yards:

   1. 1.
      Clotheslines. Clotheslines posts.
   2. 2.
      Driveways.

      1. a.
         Driveways shall be setback from side property lines a minimum of two feet.   
      2. b.
         Driveways for side load or rear garages may be located in side yards if they are set back from side property lines as follows:

         1. i.
            Lots greater than one acre: 12 feet.
         2. ii.
            Lots 15,000 square feet to one acre: Five feet.
         3. iii.
            Lots with an area less than 15,000 square feet: Two feet.
      3. c.
         Driveways in front or rear yards that are reasonably necessary or required to provide access.
   3. 3.
      Fences. Fences, walls, and hedges in accordance with Sec. 2.202, Use Tables.
   4. 4.
      Garages. On single-family residential lots:

      1. a.
         Side load front garages located on lots with areas that are less than 15,000 square feet may project to within five feet of the property line or 67 percent of required street yard, whichever is more. Where side load front garages are used, the developer shall be required to install one large tree and one small tree to screen two-car garages or one large tree and two small trees for garages of three or more spaces, in addition to any other required landscaping.
      2. b.

         Alley access garages may be within two feet of the alley for side load garages or 15 feet for garages where one backs out into the alley.

   5. 5.
      Garbage disposal. Garbage disposal equipment. However, such equipment is not permitted within required bufferyards.
   6. 6.
      Mailboxes. Freestanding mailboxes, installed no closer than one foot from the sidewalk or as approved by the City in the right-of-way or required by the Post Office. In no case shall a mailbox encroach upon a sidewalk.
   7. 7.
      Signs. Signs in accordance with Division 4.300, Signs.
   8. 8.
      Recreational equipment. Recreational equipment for the residential unit, provided that it is set back five feet from property lines.
   9. 9.
      Sidewalks. Sidewalks to entries.
   10. 10.
       Trees. Trees, shrubs, flowers, and other plants, or landscape features in accordance with the vision requirements of Division 4.200, Landscaping and Tree Protection.
   11. 11.
       Sheds. Sheds. See Sec. 2.202, Use Tables.
7. G.
   Common Areas and Gatehouses.

   1. 1.
      Common Areas. Recreational equipment for the common use of all development residents shall be located on lots or out-lots in accordance with the approved final landscape plan. The Planning and Zoning Commission may permit locations closer than the setback when the location is determined to be safe as landscaped so as not to detract from the appearance of the development due to its reduced setback.
   2. 2.
      Gate Houses. Gate houses or security posts shall be permitted to the street property line or within the street right-of-way for center island locations, provided the City Engineer, Fire Marshall or their designee, approves the location as suitable for safety or utilities in that location and sufficient stacking is provided between the gatehouse and the intersection with the public street. 
8. H.
   Easements and Utilities.

   1. 1.
      Easements. Some lots will have utility, drainage, or other easements. No intrusion structures shall be permitted into such easements except where driveway access needs to cross the easement and lots are so narrow that the house size would have to be reduced if the easement were left unimproved. In such cases, the City may allow its easements to be encroached upon if the applicant records a covenant approved in form by the City Attorney that permits the City to remove the encroachment at the property owner's expense if such removal is necessary, in the City's discretion, in order to maintain or repair the facilities in the easement.
   2. 2.
      Utility Exceptions. In accordance with the Statutes of the State of Texas, nothing in this Code shall impose restrictions on the type or location of any poles, towers, wires, cables, conduits, vaults, laterals, or any other similar distributing equipment of a public utility.
   3. 3.
      Maintenance. All utility easements that are located within the boundaries of a privately owned lot or tract of record shall be maintained by the property owner.

Effective on: 8/9/2022