Euless, TX Zoning Ordinance

§ 84-80 Zoning districts established.

In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the City of Euless is hereby divided into the following zoning districts or classifications:

R-1C Single-family custom dwelling district.

R-1 Single-family dwelling district.

R-1L Single-family limited dwelling district.

R-1A Single-family attached dwelling district.

R-2 Two-family dwelling district.

R-3 Low density multiple-family dwelling district.

R-4 Medium density multiple-family dwelling district.

R-5 High density multifamily dwelling district.

MH Mobile home dwelling district.

C-1 Neighborhood business district.

C-2 Community business district.

TX 10 Texas Highway 10 multi-use district.

L-1 Limited industrial district.

I-1 Light industrial district.

I-2 Heavy industrial district.

PD Planned development district.

(Ordinance 1133, § 1(4-100), 3-22-94)

§ 84-81 Zoning map adopted.

Zoning districts established by this chapter are bounded and defined as shown on the official zoning map of the city, which, together with all explanatory materials contained herein, is hereby made a part of this chapter. In interpreting the official zoning map, the following rules shall apply:

(1)

Location of district boundaries.

The district boundaries are the centerline of either streets or alleys unless otherwise shown, and where the district designated on the zoning map is bounded approximately by a street or alley, the center line of such street or alley shall be construed to be the boundary of the district.

(2)

Undimensioned district boundaries.

Where the district boundaries are not otherwise indicated by dimensions, and where the property has been or may hereafter be subdivided, district boundaries shall be construed to be the lot lines, and where the district designated on the official zoning map is bound approximately by lot lines, the lot lines shall be the boundary of the district.

(3)

Unsubdivided property.

In unsubdivided property, the district boundary lines on the official zoning map shall be determined by use of the scale appearing on the map. However, in cases of conflict, the recorded metes and bounds description shall be used in determining district boundary lines.

(Ordinance 1133, § 1(4-200), 3-22-94)

§ 84-82 District boundary uncertainty.

If after application of the aforementioned rules, uncertainty still exists with respect to the boundaries of the various district as shown on the official zoning map, the conflict shall be resolved by utilizing the appeal power of the board of adjustment as set forth in section 84-27(10) of this chapter. If, because of error or omission in the official zoning map, any property in the city is not shown as being in a zoning district, such property shall be classified as R-1, single-family detached residential.

(Ordinance 1133, § 1(4-201), 3-22-94)

§ 84-83 Annexation zoning procedures.

(a)

Temporary zoning.

All territory annexed to the city hereafter shall be temporarily designated as R-1, single-family detached dwelling district, until permanently zoned by the council.

The commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedures to be followed shall be the same as is provided by law for the amendment of the zoning ordinance.

(b)

Construction in annexed areas with temporary zoning.

In an annexed area temporarily classified as R-1, no construction of a building other than those allowed in a R-1 district shall be permitted unless such construction has been specifically authorized by council and a permit issued.

Construction of buildings other than those permitted in R-1 district may be authorized in newly annexed areas prior to permanent zoning in the following manner.

(1)

Application required.

An application for any use shall be made to the administrator: said application shall show the use contemplated, a plat showing the size of the lot or tract of land proposed to be used, and the location, size and type of buildings proposed to be constructed.

(2)

Referral by administrator.

Such application shall be referred by the administrator to the commission for consideration.

(3)

Commissionrecommendation.

The commission shall make its recommendation to the council after giving due consideration to the land use plan for the area in which the application is located.

(4)

Council action.

Whenever such a recommendation is filed with the council, it shall be advisory only and the council may grant or deny the application as the facts may justify.

(5)

Building permit.

If approved by the city council the applicant may apply for a building permit provided the building permit application is consistent with city council authorization.

(Ordinance 1133, § 1(4-300), 3-22-94)

§ 84-84 Permitted uses table.

Only those uses listed in the following permitted use table shall be permitted and then only in the district(s) specified with a “P” or “S” as described below.

(1)

Use of land and buildings.

Buildings, structures, land or premises shall be used only in accordance with the uses permitted in the zoning district classification for the site subject to compliance with parking regulations, site development standards, special conditions and all other requirements of this chapter.

(2)

Permitted primary uses.

No primary use shall be permitted in any district unless the letter “P” or the letter “S” appears opposite the permitted primary use as listed in Table 4-A.

Permitted uses.

The letter “P” means the use is permitted in that zoning district as a use by right subject to providing off-street parking as referenced in the “parking” column and required in Table 5-A and subject to compliance with all of the conditions referenced in the “special” column on the far right and described in section 84-85.

Specific use permit.

The letter “S” means the use is permitted in that zoning district only after obtaining a “specific use permit” as set forth in Table 4-A, and subject to providing off-street parking as referenced in the “parking” column and required in Table 5-A and subject to compliance with all of the conditions referenced in the “special” column and described in section 84-85.

(3)

Uses not listed.

Uses not listed in Table 4-A may be permitted in any district where similar uses are permitted upon receiving a permit there for from the administration. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with permitted uses in the district, and similar in traffic-generating capacity, noise, vibration, dust, odor, glare and other characteristics.

(4)

Accessory uses.

A use which is customarily incidental to the primary use, which is located on the same lot or premise as the primary use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use.

(5)

Definition of uses.

The group description in the 1987 Standard Industrial Classification (SIC) Manual, prepared by the Statistical Policy Division for the United States Office of Management and Budget, shall be used to determine the classification of primary uses when reference is made in Table 4-A to a designated SIC code number. Such manual shall be filed in the office of the administrator for public inspection during business hours.

(6)

Temporary uses.

The city council may approve the operation of temporary uses on any property for a specific period of time. Such temporary uses are typically associated with an already existing use and are subject to review to ensure adequate facilities exist or will be provided to serve the public and employees of the temporary use.

Permit required.

Temporary uses such as a carnival, concrete or asphalt batch plant, seasonal, parking lot, sidewalk, truckload and other temporary sales of merchandise may be permitted provided a temporary use permit is first obtained from the city council.

Effective period.

No temporary use permit shall be valid for more than 90 consecutive days and shall be subject to any and all restrictions, requirements, and safeguards established by city council at the time the temporary use permit is considered.

Restrictions and requirements.

Such restrictions, requirements or safeguards may include, but are not limited to, hours of operation, duration of the use, parking, setbacks, signage and any other requirement deemed necessary to protect the general welfare of the community and minimize negative impacts on adjacent properties.

(7)

Temporary structures.

The building official may approve a permit for a temporary structure. Such temporary structures are typically associated with an active development on platted property, for which a building permit for permanent construction on said property has been issued, or an application therefor has been submitted and is under review. A HUD-Code manufactured home may be used as a temporary structure, provided it meets all other requirements of this chapter.

Permit required.

Temporary structures may be permitted provided a temporary structure permit is first obtained from the building official or his designee.

Effective period.

A temporary structure may be used only during actual construction, for a period not to exceed two years. Separate approval may be considered by the building official if actual construction exceeds two years.

Restrictions and requirements.

Two site plan drawings shall be submitted;

All setback requirements and easement restrictions must be followed. The facility shall comply with all TAS requirements for ADA (i.e. ramps, door knobs, etc.);

Must have ground anchors every ten foot along length of structure;

Structure shall have skirting around entire perimeter of trailer to conceal undercarriage and be properly landscaped;

A temporary three-foot wide sidewalk is required from the structure to the curb;

The structure must be kept clean and free of trash and debris at all times;

No outside storage or other buildings shall be placed on lot;

Plans shall be approved by the building official or his designee;

If water and sewer are connected, inspections are required and all contractors shall be registered;

10.

The contractor agrees to move the structure within 30 days upon request from the building official due to complaints;

11.

The temporary structure shall be removed prior to the final certificate of occupancy being issued or final inspection performed.[1]

[1]

Editor's Note–Table 4-A. Permitted Primary Uses is included as an attachment to this chapter.

(Ordinance 1417, § 1, 3-28-00; Ordinance 1418, § 1, 3-28-00; Ordinance 1445, § 6, 9-26-00; Ordinance 1535, § 4, 6-25-02; Ordinance 1609, § 1, 10-28-03; Ordinance 1634, § I, 3-23-04; Ordinance 1789, § 1, 9-11-07; Ordinance 1806, § 2, 2-26-08; Ordinance 1826, § 1, 9-9-08; Ordinance 1833, §§ 1-6, 10-28-08; Ordinance 1976, § 2, 11-27-12; Ordinance 1977, § 2, 11-13-12; Ordinance 1978, § 2, 11-13-12; Ordinance 2307, 6-28-2022)

§ 84-85 Special conditions by use type.

Special conditions. The following describe the special conditions under which certain uses may be permitted in a zoning district when reference is made to one or more of said subsections in Table 4-A of this Code. No construction or occupancy shall commence for any permitted use with special conditions until all of the required conditions have been met.

(a)

Accessory buildings.

An accessory building may be erected as an integral part of or detached from the main building. It may also be connected by a breezeway or similar structure. An attached accessory building shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Code applicable to the main building.

(b)

Accessory buildings.

Private garages and servant’s quarters are permitted as accessory buildings on a residential lot subject to the following:

(1)

The accessory building is located behind the main structure or no closer than 80 feet from the front property line.

(2)

The accessory building is located no closer than three feet to any other property line and behind any applicable building line.

(3)

The accessory building is not located within any easement unless the building is portable and written permission has been given by the easement holder.

(4)

The maximum height of the structure does not exceed eight feet when located three feet from the property line and provided the height may be increased at a rate of one additional foot per two additional feet of setback provided.

(5)

The floor area of the accessory building does not exceed 50 percent of the minimum required rear yard in the case of a one story building or 40 percent of the minimum required rear yard in the case of a two story building.

(6)

An accessory building used as a garage, carport or off-street parking of any vehicle must strictly comply with parking requirements specified in article V of this chapter.

(7)

An accessory building used for servant’s quarters shall not be leased or rented to anyone other than a family member of a bona fide servant devoting 50 percent of said servant’s time to the family occupying the premises.

(8)

Such accessory buildings shall not be used for commercial or part time business uses.

(9)

The city manager may authorize the construction of a carport or similar covered structure where necessary to accommodate an automobile installed with handicap accessible adaptive equipment utilized by a person with a severe physical disability. Authorization shall be granted on a case by case basis based on the existence of conditions that require special access needs that are created by the severe physical disability. Prior to granting authorization, the city manager shall determine: i) that no other reasonable alternative exists to provide necessary access; ii) that the structure will not unreasonably interfere with the use and enjoyment of adjacent properties, nor significantly diminish or impair property values within the vicinity; and iii) whether special conditions and requirements should be placed on the construction of the structure to ensure compatibility with adjacent properties. The structure shall be removed if the applicant’s physical condition that necessitated the request ceases to exist or the applicant no longer resides in the home. A structure that no longer complies with these conditions shall be deemed to be an illegal use and shall not be grandfathered under nonconforming use regulations. If approval of a structure is granted, an affidavit shall be filed in the Tarrant County Deed Records noting the conditions under which the approval was granted. A “severe physical disability” is a condition which seriously limits two or more functional capacities such as mobility, communication, self care, self direction, or work skills.

(c)

Automobile service centers.

Automobile service centers, when designed and developed as an integral part of a larger planned shopping center, provided that such service centers shall be secondary to the retail function of the larger center and that appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be served.

(c-1)

Churches and other places of worship.

Churches and other places of worship located on land zoned for one-family or two-family dwelling purposes shall be located on a lot of not less than 50,000 square feet and not more than five acres and any structure thereon, other than an accessory building, that is located within 25 feet of land zoned for one-family or two-family dwelling purposes shall be limited to a single story in height with a maximum height of 35 feet provided all front, side and rear yards required are increased an additional one foot for each vertical foot the building exceeds 25 feet in height.

(d)

Colleges, universities and professional schools.

Colleges, universities and other institutions of higher learning, public and private, offering courses in general, technical, or religious education, and not operated for profit, are subject to the following conditions:

Any use permitted herein shall be developed only on sites of at least 40 acres in area.

All ingress to and egress from said site shall be directly onto a major thoroughfare.

(e)

Common open space.

There shall be a minimum of 600 square feet of usable common open space per dwelling. Common open space must be usable for recreational activities and shall be assembled in contiguous areas of not less than 10,000 square feet.

(f)

Common wall construction.

Common walls shall be constructed as a double wall unit that meets a minimum two-hour fire rating and has an approved soundboard integrated between wall studs that are staggered and offset along either side of such soundboard. Such double wall unit shall be constructed in its entirety to the roof deck and shall meet the requirements of the city’s current building codes.

(g)

Crops/livestock.

Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale sales activities are conducted on the premises, and provided that no livestock shall be kept any closer than 100 feet from any building located on adjoining property that is used for human habitation or within an area of less than 1/2 acre per animal.

(h)

Day care centers.

Nursery schools and child care facilities (not including dormitories); provided that for each child cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area.

(i)

Golf driving ranges.

(1)

The site plan shall show the layout of the property and indicate the location of all driving ranges, putting greens, fences and structures.

(2)

Accessory uses shall be limited to a refreshment stand, a maintenance shed, a miniature golf course and a pro shop.

(j)

Eating establishments.

The sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food.

(k)

Food stores.

No establishment in a “C-1” district may occupy more than 5,000 square feet of gross floor area.

(l)

Garage apartment.

Garage apartments that are occupied by family members of the occupant of the principle dwelling and that meet all yard, open space, and off-street parking requirements are permitted. A garage apartment shall not be occupied by more than one family or be permitted in conjunction with another dwelling on the same lot designed for more than two families. Second floor garage apartments shall be set back two additional feet for every foot in height that the structure exceeds 20 feet (inclusive of roof) in height.

(m)

Golf courses.

Golf courses, either public or private, subject to the following conditions:

The site shall be planned so as to provide all ingress and egress directly to or from a major thoroughfare.

The site plan shall be laid out to achieve a relationship between the major thoroughfares and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any residentially zoned property, provided that where topographic conditions are such that buildings would be screened from view, the commission may modify this requirement.

Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height and entry shall be by means of controlled self-locking gate.

(n)

Home occupations.

Occupations or activities clearly incidental and subordinate to the use of the premises for dwelling purposes maybe conducted within a dwelling unit; provided that:

(1)

Orders previously made by telephone or at a sales party may be filled on the premises; other merchandise cannot be offered for sale on the premises.

(2)

Stock in trade or commodities can be maintained if used in the production of a product.

(3)

Family members residing on the premises can be employees, others not permitted.

(4)

Advertising, signage, or other exterior identification of the home occupation is not permitted.

(5)

Exhibits or display of services, goods, wares or merchandise will be permitted on the premises unless they are visible from any private street or public right-of-way, or adjacent property.

(6)

Equipment may be used unless it creates offensive noises, vibrations, sound, smoke, dust, odors, heat, glare, X-ray, or electrical disturbance to radio or television.

(7)

Motor vehicles registered to the occupant of the property, may be repaired on site unless it is a racing vehicle. Other motor vehicle repairs are not permitted.

(8)

Home occupations will be conducted within the living portion of the dwelling unit or its garage. Accessory buildings or detached structures shall not be used in conjunction with the home occupation.

(9)

Customers or clients are allowed only at the dwelling unit from 6:00 a.m. through 9:00 p.m. except day care.

(10)

Day care for compensation is allowed for not more than five children under the age of 16 years or for no more than two adults or elderly, other than the ward or guardian or caretaker’s family.

(11)

Music teaching is allowed for no more than two students at any one time.

(12)

Traffic generated by the home occupation will not be in greater volume than would normally be expected in a residential neighborhood of like character.

(13)

Parking of vehicles shall be permitted only in the driveway of the dwelling unit or along the curb immediately adjacent to the premises.

(14)

Parking for no more than one vehicle, the primary purpose of which is for use in support of the home occupation, may be overnight for a vehicle having a manufacturer’s rated carrying capacity of 3,000 pounds (1-1/2 tons) or less. Larger vehicles may remain parked for only two hours in any 24-hour period.

(15)

See chapter 82, “Traffic and Motor Vehicles” for further regulations.

A home based occupation is permitted only as an incidental use and is secondary to the use of the premises as a dwelling. As such, the city council may, at any time, amend this section to terminate any or all home occupations and home based business uses without creating nonconforming rights to the continuation of a home based business.

(o)

Plant nurseries.

No more than 25 percent of the retail stock shall be of materials not grown on the premises. Establishments that sell plants at retail but are cultivated at another site are classified under SIC 5261.

(p)

Private recreation facility.

Private recreational facilities shall be required for all multifamily residential developments. Such uses shall be restricted to use by the occupants of the residences and their guests, or by members of a homeowner’s association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet of any street right-of-way or within ten feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one space for each 4,000 square feet of area devoted to recreational use.

(q)

Public services.

Because of their public necessity, public service uses are permitted in most zoning districts. If the administrator determines that the use may cause either a possible hazard to nearby residents or passers-by or any interference with the development, use, or enjoyment of surrounding property, more extensive fencing or screening than the required landscaped screening strip may be required.

(r)

Repair garages.

Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions:

Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced;

All body and fender repairing shall be conducted within a completely enclosed building or room with stationary windows and doors that are opened only when necessary for ingress and egress;

All spray painting shall be conducted in a building or room specially designed for such purpose; and

All auto repairing shall be conducted within a building enclosed on at least three sides.

(s)

Satellite reception dishes.

Satellite reception dishes greater than three feet in diameter shall be permitted through the city’s inspection department, and shall have paid an inspection fee as set forth by the latest fee schedule adopted by the city council and be subject to the following requirements:

(1)

Residentially zoned property.

Satellite reception dishes located on residentially zoned property when visible from adjacent properties or streets shall meet the following requirements:

Shall be ground mounted only.

Have a diameter of not greater than ten feet.

Shall not extend more than 12 feet above the ground when the dish is aimed toward the horizon.

Shall be located behind the main structure.

Located not less than six feet from any other property line.

Screened from adjacent properties and streets by a landscape buffer or screening fence.

Have no lettering, logo or other form of advertising or writing on the face or back of the dish except for the manufacturers name, distributor or seller of the reception dish.

(2)

Nonresidential districts.

Satellite reception dishes visible from adjacent properties in streets shall comply with the following requirements:

Reception dishes shall not exceed 14 feet in diameter.

May be ground or roof mounted, however, when aimed toward the horizon, shall not extend more than 15 feet above the vertical base of the reception dish mount.

Shall be located behind all applicable building lines.

Shall not contain any lettering, logo or any other form of advertising or other writing on the face or on the back of the reception dish except the name of the manufacturer, distributor or seller of the reception dish.

(3)

Special exceptions to above stated requirements for satellite reception dishes.

Standards that differ from the above stated regulations may be granted by the Euless Board of Adjustments. The board, in order to grant a variance, shall determine that the lot configuration or physical land features make installation of the satellite reception dish, in conformance with the above stated requirements, impractical. Based upon the specific site, requirements may be placed on the applicant to allow the erection of the reception dish in a manner that would minimize the negative aesthetic impacts on adjacent properties.

(t)

Servant’s or caretaker’s quarters.

Accessory buildings are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space and off-street parking requirements.

(u)

Service stations.

Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced;

All services, except fuel sales, shall be performed within a completely enclosed building; and

When within 75 feet of a residential use, all refuse and vehicle parts shall be stored within a completely enclosed building or within an areas which is completely visually screened from the view of those residences.

(u-1)

Short-term rentals.

A property in a residential zoning district may be operated in whole or in part as a short- term rental as defined in section 84-7, subject to the standards and requirements of article V of chapter 18 of the city code. A property in a planned development zoning district that is designated for residential use may be operated as a short-term rental unless the planned development district regulations explicitly prohibit the operation of short-term rentals.

(v)

Swimming pool.

Exception for private recreation facilities under (p) above.

If located in a residential district, the pool shall be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

A pool or pool deck may be located anywhere on the premises except for the following: (1) in a publicly dedicated easement; (2) required front yards; (3) not less than five feet from any structure or lot line; nor, (4) within ten feet of any overhead power lines.

All pools shall be enclosed by a wall or fence with self-locking and self-closing gates.

(w)

Zero-lot line dwellings.

Walls facing the zero-lot line shall contain no windows, doors or other penetrations and shall have an exterior masonry facade. Either a five-foot maintenance easement shall be provided for the neighboring property, or the lot line house may be set back five feet from the line and a recreation, planting, and use easement may be granted to the adjacent lot owner.

(x)

Businesses dealing in certain novelty items

, commonly referred to as “head shops” fall under the category SIC Category of 5912. Specifically, any establishment that sells, distributes or manufactures any specialty or novelty item, unless otherwise permitted by law, which engages in the distribution or manufacturing of any of the following:

(1)

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)

Kits used, intended for use, or designed for use in manufacturing, compounding, converting producing, processing, or preparing controlled substances.

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)

Testing equipment used, intended for use, or designed for use in weighing or measuring controlled substances.

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6)

Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substance.

(9)

Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(11)

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing any controlled substance, including without limitation thereto, marijuana, cocaine, hashish, or hashish oil into the human body, such as:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens permanent screens, hashish heads, or punctured metal bowls;

Water pipes;

Carburetion tubes and devices;

Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

Miniature cocaine spoons, and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs; and/or

Ice pipes or chillers.

(12)

The terms “controlled substance,” as used herein, shall mean and refer to those substances now or hereafter included as controlled substances under the Texas Controlled Substance Act, Article 447615, V.A.C.S., as amended.

(y)

Veterinarians and animal pound

located in multi-tenant building shall have proper ventilation and adequate noise attenuation between adjacent lease spaces.

(z)

Any outside sales, storage or display

shall be located behind the main structure, on a paved surface, and screened from all adjacent properties and streets in accordance with section 84-337, specified herein.

(aa)

All items for sale, storage or display

shall be located on a paved, all-weather surface unless the use is permitted in that district by way of a specific use permit and the all-weather surface requirement is specifically waved through the approval of the specific use permit.

(ab)

It shall be unlawful to sell from a place of business an alcoholic beverage or mixed beverage within 300 feet of any church, public school or public hospital. The measurement of the distance between such place of business and any church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of distance between such place of business and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter such place of business, along street lines and in direct line across intersections. Provided, however, that the city council may allow variances to the distance regulation as stated herein if the city council determines that enforcement of such regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(ac)

Arcade games

such as, common but not limited to, pin ball games, video games and other coin operated entertainment machines may be permitted as an incidental use to any use in the commercial districts. No more than five percent of the total floor area of the primary use shall be dedicated for arcade games.

(ad)

Drinking establishments located within hotels or motels or motor inns

where such drinking establishment is incidental to the primary use of providing lodging shall be considered use by right where hotels are permitted provided such drinking establishment is located within the hotel or motel building except where prohibited by the establishments proximity regulation of this document.

(ae)

Sexually oriented businesses.

All businesses fitting the definition of sexually oriented business, as defined in this chapter, shall comply with the requirements of section 84-183 and the licensing requirements of chapter 18, article III of Code.

(af)

Private street developments.

All private street developments shall be processed through the specific use permit or planned development procedure. Authority to approve a private street development shall lie solely with the city council. The following standards shall apply to all private street developments:

(1)

Approval criteria.

In addition to the specific use permit (SUP) “conditions of permit approval” specified in section 84-153 of this Code, the following additional approval criteria must be found to exist:

The proposed development is zoned as residential or planned development zoning district.

The proposed development is bounded on all sides by natural or manmade barriers (with no reasonable connection with another residential parcel).

The proposed development shall not impede the current or future development of a thoroughfare.

The proposed development shall not disrupt an existing or proposed public pedestrian pathway, hike and bike trail or park.

(2)

General design standards.

The private street system shall:

Comply with construction design standards for public streets as specified in section 84-442 of this Code.

Provide access for emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and government employees in pursuit of their official duties.

Each private street development shall contain the following wording on the face of the plat and in the required property owners association documents:

The streets have not been dedicated to the public, for public access nor have they been accepted by the city as public improvements. They shall be maintained by the property owners within the subdivision, but shall always be open to emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and governmental employees in pursuit of their official duties.

A property owners association is required to maintain the private streets. All property owners shall be members of said association.

The property owners association (the “association”) agrees to release, indemnify, defend, and hold harmless the city and any governmental entity or public utility that owns public improvements within this subdivision (collectively, the “indemnitees”) from and against any claims for damages to the streets, restricted access gates and entrances, and related appurtenances (collectively, the “streets”) caused by the reasonable use of the streets by the indemnitees. This paragraph does not apply to damages to the streets caused by the design, construction, or maintenance, of any public improvements owned by any of the indemnitees.

The association agrees to release, indemnify, defend, and hold harmless the indemnitees from and against any claims for damages to property and injury to persons (including death) that arise out of the use of the streets by the indemnitees and that are caused by the failure of the association to design, construct, or maintain the streets in accordance with city standards. The indemnification contained in this paragraph 2 shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions of the indemnitees or their respective officers, employees, or agents.

Each lot owner agrees to release the indemnitees from claims for damages to property and injury to persons (including death) that arise out of the use of the streets by the indemnitees and that are caused by the failure of the association to design, construct, or maintain the streets in accordance with city standards.

The obligations of the association and lot owners set forth in the above paragraphs shall immediately and automatically terminate when the streets and other rights-of-way have been dedicated to and accepted by the city.

Private streets shall be located in a “public utility and storm sewer easement.” The width of the easement shall be the same as the required right-of-way for a public street, unless a variable street width has been approved by city council through the planned development procedure. Centered in the “public utility and storm sewer easement” shall be an “access easement” equal in width to the paved private street.

All private street developments shall have a minimum of one point of access to a public street. Said access points shall be designed to provide adequate stacking of vehicles, have a turnaround to allow vehicles denied access room to maneuver into a “head out” position when exiting onto a public street. Entrances are to be a minimum of 25 feet in width.

(3)

Property owners association.

Private street systems shall be the responsibility of all the property owners within the addition and shall be subject to all the following requirements:

Subdivisions with private streets shall have a property owners association. The association shall be responsible for the maintenance of private streets and appurtenances. The association documents must be acceptable to the city at the time of preliminary plat approval. The approved document shall be executed and filed for record contemporaneously with the filing of the final plat.

Every owner of a lot within the private street development shall be a member of the property owners association.

The association documents shall address, but not be limited to, the following:

The association documents must indicate that the streets within the development are private, owned and maintained by the association, and that the city has no obligation to maintain the private streets.

The association documents shall include a statement indicating that the city may, but is not obligated to, inspect private streets and require repairs, as deemed necessary.

The association may not be dissolved without the prior written consent of the city.

The documents establishing the association shall give the city the right to assess each lot within the private street development for the payment of bills for private infrastructure repairs made by or under contract with the city, not paid by the association.

No portion of the association documents pertaining to the maintenance of the private streets may be amended without the written consent of the city.

The association documents shall contained a provision that assures access to emergency vehicles, utility personnel, the U.S. Postal Service, and governmental employees in pursuit of their official duties.

(ag)

Limited access residential developments.

All limited access or “gated” residential developments shall be processed through the specific use permit or planned development procedure. Authority to approve a limited access residential development shall lie solely with the city council. The following standards shall apply to all limited access residential or gated developments and shall be illustrated on the PD (planned development) or SUP (specific use permit) site plan:

(1)

All gates shall be located solely on private property.

(2)

Emergency services access shall be designed, equipped and permitted as provided for in section 34-105(10) of the Code.

(3)

All gates and their associated drive accesses shall accommodate residents, guests, deliveries, employees, U.S. Postal Service, government and utility personnel in pursuit of their duties without significantly impeding traffic movement on public thoroughfares. The minimum number, location and design of each entrance/exit shall accommodate peak travel times for both the surrounding public streets and for the development being served and shall also be designed in consideration of long range traffic forecasts, the type and speed of the gate opening system being used and the number of dwelling units being served. A turnaround shall be provided for vehicles denied access to be able to exit onto a public street in a “head out” fashion.

(4)

A traffic impact analysis showing the impact the limited access may have on surrounding streets may be required. No limited access development shall be approved that unduly negatively impacts public streets.

(5)

Visitors access shall be provided in the following manner: At least one gate shall be equipped for visitors access. Said visitor access shall provide for a call or code box located a minimum of 30 feet from the property line to provide for visitors calling in and automobile queuing. An entry turnaround with a minimum outside radius of 30 feet shall be provided behind the call or code box for vehicles denied access to be able to maneuver into a “head out” position onto a public street with minimum disruption to other vehicles at the entrance.

(6)

Residents’ access shall be provided in the following manner: There shall be not less than one exit designed for residents use for each 200 dwelling units. Said residents’ exits shall be equipped with automated gates that allow for egress on demand.

There shall be not less than one entrance designed for residents’ use for every 300 dwelling units. One residents’ entrance may be the same as the visitors’ entrance. Said residents’ ingress shall be equipped with an electronic opener and activated remotely.

Remote controls that use a key, card or require a code to be keyed in by the residents shall be set back a minimum of thirty feet inside the property line to provide for one resident to use the key entry and queuing for one additional vehicle.

A residence entrance used in combination with a guest entrance shall provide for the queuing of not less than two vehicles, not including the vehicle using the remote control box. No additional queuing is required of the remote control to open the gate is normally activated by mobile device enabling the resident to enter the premises without have to stop and enter a code, card or key.

(7)

Parking shall be provided in accordance with the use group which the proposed use most closely resembles, as determined by the administrator.

(ah)

Auto or vehicle sales lots.

The minimum area devoted to the sale of new or used auto, truck, trailer, recreational vehicles, boat or other motor vehicles shall be maintained at not less than five acres.

(ai)

Telecommunication facilities.

Specifically, notwithstanding any other provision of this subsection, telecommunication antennas and/or towers, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

(1)

For purpose of this section the following words and phrases are defined as follows:

Antenna

means any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or collect electromagnetic waves, digital signals, analog signals, radio frequencies, (excluding radar signals), wireless telecommunication signals, television signals, or other communication signals.

Antenna array

means a structure attached to a telecommunication tower that supports a telecommunication antenna.

EIA-222

means Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures”.

Telecommunication antenna

means an antenna used to provide a telecommunication service.

Telecommunication facilities

means any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground mounted) transmitting and receiving antennas, low power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunication support structure.

Telecommunication tower

means a structure more than ten feet tall, built primarily to support one or more telecommunication antennas.

Whip antenna

means an antenna consisting of a single, slender, rod like element which is no more than six inches in diameter and supported only at or near its base.

Non-whip antenna

means an antenna which is not a whip antenna, such as dish antennas, panel antennas, etc.

(2)

Telecommunication facilities-Antennas/towers.

A site plan shall be submitted pursuant to said section 84-84 and the following requirements:

Submit a site plan, drawn to scale, indicating the location and height of all components of the facility, potential locations of ground-mounted equipment necessary to support future wireless providers, and the distance from other structures on the same and adjacent properties to include a radius equal to the required setback.

All towers will be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure.

The applicant shall provide an architects rendering, photo-realistic representation, or other true visual representation of the actual tower.

Tower height, including antenna array, may not exceed 120 feet.

Telecommunication towers must be a minimum of 200 feet or three to one distance to height ratio, whichever is greater.

New telecommunication towers must be a minimum distance of 5,000 feet from another telecommunication tower, including from those towers located in an adjacent municipality. The service provider must provide information that identifies other facilities that are owned by the service provider.

All guys and guy anchors are located within the buildable area of the lot and not within the front, rear, or sideyard setbacks and no closer than five feet to any property line.

The base of the tower and equipment buildings must be screened by a masonry wall consistent with section 84-336(b)(4).

A telecommunication tower must be:

Used by three or more wireless communication providers; or

ii.

Designed and built so as to be capable of use by three or more wireless communication providers and the owner of the tower and the property on which it is located must certify to the city that the antenna is available for use by another wireless telecommunication provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application.

Telecommunication towers should be constructed to minimize potential safety hazards. Telecommunication towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the building official shall be provided with an engineer’s certification that the tower’s design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers.

If any additions, changes, or modifications are to be made to the monopole, the building official shall verify that such changes meet all applicable conditions contained in the original S.U.P. enabling construction of the monopole and shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current building code adopted by the City of Euless.

Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the building official or designee within 30 days that use of a tower has been discontinued.

In addition to the usual application fee for a specific use permit, the applicant shall reimburse the city for the actual cost to the city for the services of an engineer to review the application and provide engineering expertise, or other related professional services required to verify any information provided by the applicant, in the amount as set forth in section 30-46, “telecommunication facilities contract fees.”

The tower is erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards.

(3)

Telecommunication facilities–Antennas mounted on existing structures.

Antennas mounted on buildings.

Roof-mounted telecommunication antennas are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, provided a non-whip antenna does not exceed the height of the building by more than ten feet and is screened from view from any adjacent public roadway and provided a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. Prior to installation of a roof-mounted antenna, the building official shall be provided with an engineer’s certification that the roof will support the proposed antenna and associated roof-mounted equipment. Roof-mounted antennas and associated equipment must be screened with enclosures or facades having an appearance that blends with the building on which they are located.

Building-mounted telecommunication antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, provided the antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached; and the antenna’s appearance is such as to blend with the surrounding surface of the building.

Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if screened with enclosures or facades having an appearance that blends with the building on which they are located.

Telecommunication antennas located on existing structures are not subject to the 5,000-foot separation requirement.

When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the building official shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna.

Telecommunication antennas shall not be constructed or used within the City of Euless without all approvals and permits first having been secured.

(aj)

Transient dwellings.

Specifically, notwithstanding any other provision of this subsection, transient dwellings, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

(1)

For purpose of this section the following words and phrases are defined as follows:

Bedroom

means an enclosed space in a structure that is designed such that it could be used for sleeping purposes and meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows.

Block

means a tract of land bounded by streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits.

Boarding or roominghouse

means an establishment, other than eleemosynary or other nonprofit institution, primarily engaged in renting rooms, with or without board, on a fee basis, to four or more persons not related by blood, marriage, or adoption.

Disability, alcohol or drug dependence

means a person is considered disabled due to alcohol or drug dependence if they meet the definition of disability, generally and the person is unable to maintain abstinence and recovery in an available independent living situation. A person with an alcohol or drug dependence disability is eligible to reside in a parolee-probationer home or residential care facility if:

The person has been diagnosed as suffering from alcohol or drug dependence;

The person has completed a course of alcoholism or drug dependency treatment in an inpatient or outpatient setting;

The person has been determined to be unable to abstain from alcohol or drugs without continued care in a structured setting; and

Is in need of alcoholism or drug dependency services on an outpatient basis in addition to the structured group residential setting of a parolee-probationer home or residential care facility.

Disability generally

means as more specifically defined under the fair housing laws, a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Fair housing laws

means the Federal Fair Housing Act, the Americans with Disabilities Act, and the Texas Fair Housing Act, as each Act may be amended from time to time, and each Act’s implementing regulations.

Group residential

means shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small unlicensed) and residential hotels.

Individual with a disability

means an individual who meets the definition of disability under the fair housing laws.

Integral facilities

means any combination of two or more residential care facilities that may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses

means any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

Parolee-probationer

includes:

Any individual who has been convicted of prohibited criminal conduct, and received conditional and revocable release in the community under the supervision of a federal parole officer;

Any individual who has been convicted of prohibited criminal conduct, and who is serving a period of parole or community supervision, as defined in Chapter 42 of the Texas Code of Criminal Procedure;

An adult or juvenile who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision where said conduct would be considered prohibited criminal conduct, had the adult or juvenile been tried as an adult, and who is serving a period of parole or other applicable community supervision; and

Any individual who has been convicted of prohibited criminal conduct and is under the jurisdiction of any federal, state, or county parole or probation officer.

Parolee-probationer home

means any residential structure or unit, whether owned and/or operated by an individual or a for-profit, nonprofit, governmental or nongovernmental organization, regardless of whether it is regulated by Chapter 464 of the Texas Health and Safety Code, which houses two or more parolees and/or probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of a parolee-probationer.

Prohibited criminal conduct

means prohibited criminal conduct includes those crimes defined as “violent crimes” or “property crimes” by the Federal Bureau of Investigation’s Uniform Crime Report, 2006, and those crimes defined as “drug-defined offenses” or “drug-related offenses” by the Bureau of Justice Statistics Drug and Crime Data Fact Sheet, 1994, for which punishment would be classified as a felony as set forth in section 12.04 of the Texas Penal Code, or for which punishment would be classified as class A misdemeanor as set forth in section 12.03 of the Texas Penal Code.

Residential care facility

means any place, site or building, or group of places, sites or buildings, regardless of whether it is regulated by Chapter 464 of the Texas Health and Safety Code, in which five or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding facility staff) is an individual with a disability. A parolee-probationer may not reside in a residential care facility.

Single housekeeping unit

means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Transient dwelling

means a single-family attached, single-family cluster, single-family detached, single-family manufactured, single-family townhouse or zero lot line dwelling, as those terms are defined herein, which is used as a transient dwelling. A dwelling shall be considered a transient dwelling:

If the dwelling is not a single housekeeping unit, and is operated or used in such a way that it has a turnover in occupancy of more than six times in any continuous 12-month period, it shall create a rebuttable presumption that such dwelling is a transient dwelling.

(2)

Reasonable accommodation requests.

Purpose.

In accordance with federal and state fair housing laws, it is the purpose of this chapter to provide reasonable accommodations in the city’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

Review authority.

The city manager, or his designated representative, is hereby designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then an applicant may request that the city manager hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for reasonable accommodation shall not be heard until after a final administrative decision has been made regarding all discretionary permits or approvals required by any federal or state law or local ordinance.

Application for a reasonable accommodation.

Applicant.

A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

Application.

An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on the form provided by the planning department. No fee shall be required for a request for reasonable accommodation, but if the project requires discretionary permit(s), then the prescribed fees for said permit(s) shall be paid by the applicant or the applicant’s representative. An application for reasonable accommodation shall not be unreasonably withheld.

Required submittals.

In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following:

Documentation that the applicant is:

An individual with a disability;

Applying on behalf of one or more individuals with a disability; or

A developer or provider of housing for one or more individuals with a disability.

ii.

The specific exception or modification to the zoning, subdivision or other land use provision, policy or practice requested by the applicant.

iii.

Documentation that the specific exception or modification requested by the applicant is reasonable and necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

iv.

Any other information that the planning director reasonably concludes is necessary to determine whether the finding required by section 84-85(aj)(3)a. below can be made, so long as any request for information regarding the disability of the individuals benefited complies with applicable federal law and the privacy rights of the individuals affected.

(3)

Decision.

City manager action and appeals.

The city manager shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with section 84-85(aj)(2)b. above within 14 days of the date of receipt of a completed request for reasonable accommodation, which shall be served on the applicant in person or by certified United States mail. If the city manager’s written determination is not made within the time limits provided herein, the applicant’s request for a reasonable accommodation shall be deemed granted. In the event of appeal of the city manager’s written determination, applicants shall file with the city secretary a notice of appeal on the form provided by the city no later than 14 days following the date the city manager issues a written determination. Notices of appeal filed after that date shall be considered untimely and the city manager’s written determination shall be considered a final determination. The standard of review on appeal shall be de novo appeal to the city council. The city council, acting as the appellate body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered by the city manager. A final decision regarding an applicant’s appeal of the city manager’s written determination regarding a reasonable accommodation shall be made within 30 days after the date the city receives an applicant’s notice of appeal, which shall be served on the applicant in person or by certified United States mail. If the city council does not issue a final decision regarding an applicant’s appeal of the city manager’s written determination regarding a reasonable accommodation, the applicant’s request for a reasonable accommodation shall be deemed granted.

Findings.

The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws or other applicable federal or state law.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

The requested accommodation will not impose an undue financial or administrative burden on the city as “undue financial or administrative burden” is defined in Fair Housing Laws, interpretive case law, or other applicable federal or state law.

The requested accommodation will not result in a fundamental alteration in the nature of the city’s zoning program, as “fundamental alteration” is defined in Fair Housing Laws, interpretive case law, or other applicable federal or state law.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

In making these findings, the decision-maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city’s zoning program.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city’s master/comprehensive plan.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

Rules while decision is pending.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Effective date.

No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make a written determination or appeal, as applicable. In the event an appeal is filed, the reasonable accommodation shall not become effective until a final decision is made by the city council on such appeal under the provisions of section 84-85(aj)(3)a. above, or until the expiration of time to issue a final decision, as applicable.

(4)

Expiration, time extension, violation, discontinuance and enforcement.

Expiration.

Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

A building permit has been issued and construction has commenced;

A certificate of occupancy has been issued;

The use is established; or

A time extension has been granted.

Time extension.

The city manager may approve a time extension for a reasonable accommodation for good cause for a period not to exceed 24 months. An application for a time extension shall be made in writing to the planning director no less than 30 days or more than 90 days prior to the expiration date. There is no limit on the number of extensions that may be granted so long as the use established is continuous and uninterrupted and the reasonable accommodation remains reasonably necessary to provide disabled individuals with an equal opportunity to use and enjoy the dwelling in question.

Notice.

Notice of the city manager’s or city council’s decision, as applicable, shall be provided as specified in section 84-85(aj)(3)a. above. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in section 84-85(aj)(4)d. below.

Appeal of determination.

A decision regarding a request for a time extension for a reasonable accommodation shall be final unless appealed to the city council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in section 84-85(aj)(3)a. above.

Violation of terms.

Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

Discontinuance.

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 90 consecutive days. If a disabled person initially occupying a residence for which a reasonable accommodation has been granted vacates the residence, the reasonable accommodation shall remain in effect only if the planning director determines that:

The reasonable accommodation is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; or

The reasonable accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.

Within 30 days of occupying the residence in question, the disabled person replacing the vacating disabled person shall provide to the planning director documentation establishing that he or she is a person with a disability who would otherwise qualify for the reasonable accommodation already in effect. Failure to provide such documentation within 30 days of occupying the residence in question shall constitute grounds for discontinuance of a previously approved reasonable accommodation.

Enforcement.

If the established use for which a reasonable accommodation granted under this Code is discontinued, or the applicant violates the terms of the reasonable accommodation, the city attorney on behalf of the city may institute an injunction, mandamus, abatement, or other appropriate action to prevent, abate, remove or enjoin the violation of this chapter.

(5)

Revocation proceedings.

Proceedings to revoke a reasonable accommodation granted by the city shall be initiated by the city manager by giving the notice of a public hearing as provided in section 84-85(aj)(5)b. below. Not less than ten days prior to the public hearing, the city manager shall issue a written recommendation to revoke a reasonable accommodation, explaining the reasons for said recommendation, which shall be served on the applicant by posting it in a conspicuous place on the property in question and by mailing it to the applicant by certified United States mail. The city council, acting as the reviewing body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered by the city manager. The city council may also hear statements and other evidence at the public hearing, in compliance with applicable open meetings law. A written final decision regarding revocation of a reasonable accommodation shall be made within 30 days after the date of the public hearing, which shall be served on the applicant in person or by certified United States mail. If the city council does not issue a final decision regarding revocation of a reasonable accommodation, the reasonable accommodation shall remain in effect.

Notice of proceedings.

The city manager shall fix a time and a place for a public hearing, and give public notice thereof by mailing notice to owners of all property within a distance of 300 feet of the exterior boundaries of property described in the application, using addresses from the last-adopted tax roll; or by publication in a newspaper of general circulation and posting said notice in conspicuous places close to the property. Such notice shall be given not less than ten days before the date of the public hearing.

(6)

Amendments.

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(ak)

Non-depository financial institution.

No non-depository financial institution as defined in Section 84-7 may be located within 1,000 feet of another non-depository financial institution; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right.

(1)

Measurement.

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

From the nearest portion of the right-of-way line of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard to the property line of the premises where the new business is proposed; or

From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)

Nonconformity.

A non-depository financial institution that existed and was lawfully constructed, located and operating on the date of this subsection 84-85[ak], and that does not conform to zoning district and/or separation distance standards adopted herein shall be deemed a nonconforming use and may continue in operation subject to the provisions in article III of chapter 84 and the provisions set forth below:

If a non-depository financial institution ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new non-depository financial institution at that location without first complying with all the requirements of this subsection 84-85(ah).

The ability to continue a non-conforming non-depository financial institution shall cease and such use shall terminate whenever either of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(al)

Tattoo and/or body modification studio.

No tattoo and/or body modification studio as defined in section 84-7 may be located within 1,000 feet of another tattoo and/or body modification shop; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right.

(1)

Measurement.

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)

Nonconformity.

A tattoo and/or body modification studio that existed lawfully on the date the use commenced; and that does not conform to zoning district and separation distance standards shall be deemed a nonconforming use.

If a tattoo and/or body modification studio ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tattoo and/or body modification studio at that location without first complying with all the requirements of this subsection 84-85[al].

The ability to continue a nonconforming tattoo and/or body modification studio shall cease and such use shall terminate whenever either of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(am)

Tobacco products store.

No tobacco products stores may be located within 1,000 feet of another tobacco products store; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10; or FM 157/Industrial Boulevard or within 500 feet of any zoning which allows residential uses by right.

(1)

Measurement.

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)

Nonconformity.

A tobacco products store that existed and was lawfully constructed, located and operating on the effective date of this subsection 84-85(am), and that does not conform to zoning district and/or separation distance standards adopted herein shall be deemed a nonconforming use and may continue in operation subject to the provisions in article III of chapter 84 and the provisions set forth below:

If a tobacco products store ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tobacco products store at that location without first complying with all the requirements of this subsection 84-85(am).

The ability to continue a nonconforming tobacco products store shall cease and such use shall terminate whenever either of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(Ordinance 1133, § 1(4-500(1)), 3-22-94; Ordinance 1148, § II, 8-9-94; Ordinance 1177, §§ IV, VI, 5-23-95; Ordinance 1232, § 2, 4-8-97; Ordinance 1236, § 1, 8-26-97; Ordinance 1609, § 3, 10-28-03; Ordinance 1690, §§ I, II, 5-31-05; Ordinance 1826, § 2, 9-9-08; Ordinance 1833, § 7, 10-28-08; Ordinance 1977, § 3, 11-13-12; Ordinance 1978, § 3, 11-13-12; Ordinance 1976, § 3, 11-27-12; Ordinance 1981, § 1, 12-11-12; Ordinance 2307, 6-28-2022; Ordinance 2392, 8/13/2024)

§ 84-86 Exceptions to conditions.

Exceptions to these conditions may be made by council on a case-by-case basis by the granting of a special use permit. Approved council exceptions shall become null and void should no building permit be issued within 90 days of approval.

(Ordinance 1133, § 1(4-500(2)), 3-22-94)

§ 84-100 Established.

This division lists the purpose, general description of the permitted primary uses, the district site development standards and any additional requirements applicable throughout the zoning district.

All properties are subject to the district regulation which specify certain minimums and maximums permitted within the zoning district. Except as otherwise specifically provided in this chapter, no structure shall be erected or maintained which does not comply with these standards.

(Ordinance 1133, § 1(4-600), 3-22-94)

§ 84-101 “R-1C” single-family custom dwelling district.

(a)

Purpose.

Detached housing designed as a move up from first and second time home buyers; located on moderately large lots; curvilinear streets; well landscaped; masonry walls along arterial; landscaping addition entry; owners association required to be set up; architecturally treated street lighting, underground utilities, unified streetscape treatments; neighborhood parks and focal points; no through traffic; large setbacks; garages at rear of the units; steep roof pitches; all masonry; most units will have built in pools.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1C district requirements).

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)

District development standards.

(1)

Minimum lot area–10,000 square feet.

(2)

Minimum lot width–100 feet.

(3)

Minimum floor area–2,500 square feet.

(4)

Minimum front yard–30 feet.

(5)

Minimum rear yard–25 feet.

(6)

Minimum side yard.

Interior side yards–Ten feet.

Corner lot–15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 15 feet for side lot line.

(7)

Maximum building coverage–40 percent of lot.

(8)

Minimum roof pitch–8:12.

(9)

Maximum height limit–two and one–half stories or 35 feet.

(10)

Minimum exterior facade–90 percent masonry facade on all wall elevations.

(11)

Minimum off–street parking–see article V.

(12)

Signs–see article VI.

(13)

Minimum landscaping and screening–see article VII.

(14)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(15)

Site plan approval requirements–none for one- or two-family dwellings-see article VIII.

(Ordinance 1133, § 1(4-601), 3-22-94; Ordinance 1225, § 3, 12-12-96; Ordinance 1538, § 1, 6-25-02)

§ 84-102 “R-1” single-family detached dwelling district.

(a)

Purpose.

This district comprises the preponderant portion of the existing housing development in the City of Euless and is considered to be the proper classification for large areas of the undeveloped land remaining in the city appropriate for single-family use. This district is intended to be composed of single-family dwellings together with the public schools, churches and public parks essential to create basic neighborhood units. Such areas should be consistent and compatible with existing residential neighborhood patterns and be properly protected from more intensive development and the encroachment of incompatible uses.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1, or R-1C district requirements).

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)

District development standards.

(1)

Minimum lot area–7,500 square feet.

(2)

Minimum lot width–65 feet.

(3)

Minimum living floor area–1,700 square feet

(4)

Minimum front yard–25 feet.

(5)

Minimum rear yard–15 feet.

(6)

Minimum side yard.

Interior side yards–four feet on one side, nine feet on the other.

Corner lot–15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 15 feet for side lot line.

No permanent fixture, including but not limited to air conditioner condensing units, shall be placed in side yards of less than seven feet unless permission therefore shall have been obtained from the planning and development department of the city.

(7)

Maximum building coverage–40 percent of lot.

(8)

Maximum height limit–two and one-half stories or 35 feet.

(9)

Minimum roof pitch–6:12.

(10)

Minimum exterior facade–90 percent masonry facade on all wall elevations.

(11)

Minimum off-street parking–see article V.

(12)

Signs–see article VI.

(13)

Minimum landscaping and screening–see article VII.

(14)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(15)

Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ordinance 1133, § 1(4-602), 3-22-94; Ordinance 1225, § 4, 12-12-96; Ordinance 1320, § I, 4-14-98; Ordinance 1476, § 1, 7-24-01; Ordinance 1538, § 1, 6-25-02)

§ 84-103 “R-1L” single-family limited dwelling district.

(a)

Purpose.

Detached housing designed for small families and singles; located on limited sized lots; houses cluster together and consolidated open space, for neighborhood parks and focal points, typically around natural settings; curvilinear streets or private streets; security/key code entry; well landscaped; masonry walls and iron fences; owners association; architecturally treated street lighting, underground utilities, unified streetscape treatments; no through traffic; small setbacks; front load garages, enclosures prohibited by deed restrictions; steep roof pitches; all masonry; neighborhood pools and facilities.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1C, or R-1 district requirements). Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)

District development standards.

(1)

Maximum density–four dwelling units/acre.

(2)

Minimum lot area–5,500 square feet

(3)

Minimum lot width–50 feet.

(4)

Minimum living floor area–1,700 square feet

(5)

Minimum front yard–20 feet.

(6)

Minimum rear yard–15 feet.

(7)

Minimum side yard.

Interior side yards–five feet on one side, five feet on the other.

Corner lot–15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 10 feet for side lot line.

(8)

Maximum building coverage–50 percent of lot.

(9)

Maximum height limit–two and one-half stories or 35 feet.

(10)

Minimum roof pitch–6:12.

(11)

Minimum exterior facade–90 percent masonry all elevations.

(12)

Minimum off-street parking.

–two garage spaces (enclosures prohibited);

–Located minimum of 20 [feet] from property line accessed from. See article V.

(13)

Signs–see article VI.

(14)

Landscaping and screening–see article VII.

(15)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(16)

Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ordinance 1133, § 1(4-603), 3-22-94; Ordinance 1320, § II, 4-14-98; Ordinance 1476, § 2, 7-24-01; Ordinance 1538, § 1, 6-25-02)

§ 84-104 “R-1A” single-family attached dwelling district.

(a)

Purpose.

The intent of this district is to provide suitable areas for single-family residential development where two individual dwelling units can be attached to each other at densities of up to nine units per gross acre. Such development would permit residential areas which have a duplex-like appearance, but which offer residents the opportunity for ownership of both home and lot. The application of this district in appropriate areas will allow residential development at greater densities than the typical single-family district, but would not significantly alter the traditional appearance of existing residential neighborhoods. Such areas should be located adjacent to detached single-family neighborhoods and serve as a transitional buffer with more intensive uses.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1, R-1C, or R-1L district requirements).

Single-family attached dwellings.

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)

District development standards.

(1)

Minimum lot area–3,750 square feet.

(2)

Minimum lot widths–32 feet.

(3)

Minimum floor area per unit–1,100 square feet.

(4)

Minimum front yard–25 feet.

(5)

Minimum rear yard–15 feet.

(6)

Minimum side yard.

–Zero feet for common wall side;

–One side yard, not less than ten feet;

–15 feet if next to street.

(7)

Maximum building coverage–50 percent of lot.

(8)

Maximum height limit–two and one-half stories or 35 feet.

(9)

Common walls between units–two-hour fire rating with soundboard integrated between staggered wall studs extended through to roof deck.

(10)

Minimum exterior facade–90 percent masonry facade on all wall elevations.

(11)

Minimum off-street parking-see article V.

In front of unit–two garage spaces.

Behind the unit–two garage of carport spaces.

(12)

Signs–see article VI.

(13)

Landscaping and screening–see article VII.

(14)

Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ordinance 1133, § 1(4-604), 3-22-94; Ordinance 1225, § 5, 12-12-96)

§ 84-105 “R-2” two-family dwelling district.

(a)

Purpose.

The intent of this district is to provide suitable areas for very low density multifamily residential development in the form of two-family or duplex structures at densities of up to nine units per gross acre. Such areas should be located adjacent to lower density detached or attached single-family residential areas and serve as a transitional buffer with more intensive multifamily residential areas.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using any set of R-1(*) district requirements).

Single-family attached dwellings (using R-1A district requirements).

Duplexes.

Accessory buildings to the main use.

Home occupations.

Schools, parks, playgrounds.

(c)

District development standards.

(1)

Minimum lot area–7,500 square feet.

(2)

Minimum lot width–65 feet.

(3)

Minimum floor area per unit–850 square feet.

(4)

Minimum front yard–25 feet.

(5)

Minimum rear yard–15 feet.

(6)

Minimum side yard–10 feet each side.

(7)

Maximum building coverage–50 percent of lot.

(8)

Maximum height limit–35 feet or two and one-half stories.

(9)

Minimum exterior facade–90 percent masonry facade on all wall elevations.

(10)

Minimum off-street parking-see article V.

In front of unit–two garage spaces per dwelling unit.

Behind the unit–two garage or carport spaces per dwelling unit.

(11)

Signs–see article VI.

(12)

Landscaping and screening–see article VII.

(13)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(14)

Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ordinance 1133, § 1(4-605), 3-22-94; Ordinance 1225, § 6, 12-12-96; Ordinance 1538, § 1, 6-25-02)

§ 84-106 “MH” mobile home district.

(a)

Purpose.

The intent of this district is to provide suitable areas for the locating of single-family manufactured and mobile homes at densities of up to eight units per gross acre. Such areas should be characterized by a park-like setting, moderate perimeter setbacks, common open space, appropriate accessory uses and allow for ownership of available home sites.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their respective district regulations).

Accessory buildings to main use.

Home occupations.

Manufactured housing/mobile home.

(c)

District development standards.

(1)

Lot area.

Transit stand–1,500 square feet.

Subdivided lot–4,000 square feet.

(2)

Lot width.

Transient stand–30 feet.

Subdivided lot–40 feet.

(3)

Minimum lot depth–80 feet.

(4)

Front yard.

Public right-of-way–30 feet.

Private drives 20 feet.

(5)

Side yards.

Abutting public right-of-way–30 feet.

Interior–ten feet on front side, five feet on other.

Minimum spacing–15 feet from any other mobile/modular home.

(6)

Rear yard.

Abutting public right-of-way–30 feet.

Interior–ten feet.

(7)

Perimeter yard–25 feet set back within MH district boundary line for structures, manufactured or mobile homes.

(8)

Maximum lot coverage–20 percent.

(9)

Common open/recreations space.

Twenty units or less–500 square feet per dwelling unit.

More than 20 units–10,000 square feet plus 250 square feet per dwelling unit over 20.

(10)

Height limit–two stories.

(11)

Minimum off-street parking–see article V.

In front of unit–two garage or carport spaces (carports may be located within two feet of private drive).

Behind the unit–two spaces on paved surface.

(12)

Signs–see article VI.

(13)

Landscaping–see article VII.

(14)

Screening–minimum six feet high wood screening fence around side and rear perimeter. Also see article VII.

(15)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(16)

Site plan approval requirements–over all plan required to be approve by city council prior to development. See article VIII.

(Ordinance 1133, § 1(4-606), 3-22-94; Ordinance 1445, § 5, 9-26-00; Ordinance 1538, § 1, 6-25-02)

§ 84-107 “R-3” multiple-family low density dwelling district.

(a)

Purpose.

The purpose of this district is to provide suitable areas for the development of residential housing in the form of attached townhouse dwelling units and low density multifamily residential at densities of up to 12 units per gross acre. Such development should be located in transitional type areas between lower density single-family residential uses and higher density multifamily residential uses. The developments should be designed in an architecturally unified manner and adequately accommodate the more intense vehicular parking and circulation needs of a more dense single-family development.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their district regulations).

Accessory buildings to main use.

Home occupations. Apartments.

Townhouses or row houses (in accordance with the “TH” district).

Schools, parks, playgrounds.

Senior citizens-Assisted living.

Senior housing-Apartments.

(c)

District development standards.

(1)

Minimum lot area–20,000 square feet.

(2)

Minimum lot width–100 feet.

(3)

Minimum perimeter yards.

-Front yard (from front property line): 40 feet for one-story structure, 60 feet for two-story structure, 100 feet for three or more story structures.

–Side and rear yard: 25 feet for one-story structures, 50 feet for two-story structures, 75 feet for three or more story structures.

–Covered parking may extend to within one foot of side or rear lot lines (not adjacent to street right-of-way);

–Roof, balcony and porch overhang may extend into perimeter yards up to four feet;

–Fireplace masses and window boxes may extend into perimeter yards up to four feet;

–No stairways or columns shall extend into the perimeter yard;

–No parking permitted in the perimeter yard adjacent to public streets.

(4)

Maximum units per structure–Six units.

(5)

Maximum building coverage–40 percent of lot.

(6)

Minimum interior building spacing requirements.

–30 feet between walls having windows or doors in both walls;

–15 feet between window walls and blank walls;

–Ten feet between blank walls.

(7)

Maximum number of units by type.

–One bedroom: 50 percent.

(8)

Minimum interior landscaped area per dwelling unit (not including any street yard)–500 square feet per unit.

(9)

Minimum floor area per unit type.

–One bedroom: 690 square feet.

–Two bedroom: 980 square feet.

–Three bedroom: 1,100 square feet.

–Additional 250 square feet per added bedroom.

(10)

Maximum structure height.

Not adjacent to one- or two-family property–35 feet, no limit on roof height for structures located 100 feet or more from land zoned for one- or two-family dwelling purposes.

Adjacent to one- or two-family property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

(11)

Minimum distance to any public right-of-way or fire lane–100 feet.

(12)

Minimum off-street parking–1.5 parking spaces per unit + 0.5 per bedroom. See article V.

–Open carports in a street yard are not permitted. All vehicle parking located in any street yard shall be fully enclosed, with an architecturally compatible design.

–50 percent of parking must be located in a garage with direct access to the related dwelling unit.

–All required parking, located greater than 40 feet from any main structure, shall be covered parking and shall be architecturally compatible with the main structures in the project.

–A minimum of ten percent of all required parking shall be designated as guest parking and shall be clearly marked as reserved for guests and shall be in an area providing guest with unrestricted access to the guest parking spaces.

–Garages shall be designed with a minimum parking space measuring 12 feet by 20 feet in size with a minimum ten-foot door width.

–Runs of parking spaces shall be limited to a maximum of 12 spaces without a landscaped island. However, up to 16 spaces may be permitted in situations where it is required to save existing trees.

(13)

Signs–see article VI.

(14)

Landscaping and screening–see article VII.

–All utilities, such as gas meters, electrical meters and panels, fire control panels, telephone, CATV panels, and similar devices shall be screened from public view. Landscape screening as defined in article VII may be used to meet this requirement.

–Security gates and entrances must be provided and a turnaround prior to the gate must be provided.

–All screening structures must be of similar construction materials as the main buildings.

–A decorative masonry screening wall shall be located along the perimeter of the development. It may be constructed totally of masonry material or may include a combination of ornamental iron with masonry columns. The perimeter screening wall shall be of similar architectural style as the main structures.

(15)

Personal open space–One private usable open space per unit as follows:

–Balconies (above ground level) shall be a minimum of 65 square feet.

–Patios or yards (at ground level) shall be 100 square feet, the minimum depth shall be a minimum of six feet.

(16)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(17)

Privacy–Privacy features between buildings shall include the following:

–Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into adjacent units within the project.

–Units above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property.

–Landscaping shall be used to aid in privacy screening.

(18)

Personal storage area–A minimum of 80 cubic feet per dwelling unit of secured storage space, available only to the residents of the designated related dwelling unit shall be provided. This required storage may not be part of a habitable area but must share a common wall with the unit. However, the secured storage space may be located in the designated garage for a unit, but may not be located in the designated 12 feet by 20 feet parking area within the garage.

(19)

Architectural features–Varied roof lines and/or heights shall be used to reduce the appearance of the mass of buildings which exceed two stories in height.

–Techniques, such as varied setbacks, bay windows, balconies, and changes in material, color and texture, shall be used to articulate facades and side wall elevations. Where rear walls are visible from a public street, similar techniques shall be used.

–Flat roof design is prohibited. Gabled roofs or hipped roofs shall have a minimum pitch of 5:12.

–Each structure shall contain a transparent glass window or windows with an aggregate area of at least 20 percent of the front facade of that unit.

–All units shall have a minimum ceiling height of nine feet in the living areas, not including closets and storage spaces.

–Exterior construction shall consist of 90 percent masonry material (area containing glass shall be included in the 90 percent calculation).

(20)

Trash receptacles–There shall be one centralized trash collection point serving each multifamily development.

–No trash collection point shall be located within 100 feet of a property line.

–The centralized trash collection point shall not be located in any street yard.

–All trash receptacles shall be screened with a masonry wall of similar material as the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced.

(21)

Utility services–All utility services shall be buried.

(22)

Entry feature–A main entrance feature, which may consist of a combination of landscaping, aesthetic features such as rocks, sculptures and water, and street pavers, shall be provided. The entrance feature shall be consistent with the basic architectural theme of the development.

(23)

Traffic–A traffic impact analysis, prepared by a qualified traffic engineer, must accompany the site plan. However, the traffic impact analysis requirement may be excluded from the site plan if the city engineer determines that the analysis is not necessary for the multifamily development.

(Ordinance 1133, § 1(4-607), 3-22-94; Ordinance 1225, § 7, 12-12-96; Ordinance 1239, § II, 7-8-97; Ordinance 1535, § 1, 6-25-02)

§ 84-107.5 “TH” townhouse dwelling district.

(a)

Purpose.

The purpose of this district is to provide suitable areas for the development of residential housing in the form of attached townhouse dwelling units. Such development should be located in transitional type areas between lower density single-family residential uses and higher density multifamily residential uses. The developments should be designed in an architecturally unified manner and adequately accommodate the more intense vehicular parking and circulation needs of a more dense single-family development.

(b)

Permitted primary uses.

See Table 4-A for detail listing. General uses include:

Single-family detached, attached and duplex (subject to their district regulations).

Accessory buildings to main use.

Home occupations.

Townhouses or row houses.

Schools, parks, playgrounds.

(c)

District development standards.

(1)

Minimum lot area–2,200 square feet.

(2)

Minimum lot width–22 feet.

(3)

Minimum lot depth–100 feet.

(4)

Minimum floor area per unit–1,000 square feet per unit.

(5)

Minimum front yards.

–20 feet for private drives.

–25 feet for public streets.

(6)

Minimum rear yard–20 feet.

(7)

Minimum side yard.

–Zero feet for common walls.

–15 feet on end walls for interior lots.

–25 feet for side yards next to public streets on corner lots.

(8)

Maximum building coverage–40 percent of lot width.

(9)

Maximum units per structure–Four units.

(10)

Maximum structure height.

Not adjacent to one- or two-family property–45 feet, no limit on roof height for structures located 60 feet or more from land zoned for one- or two-family dwelling purposes.

Adjacent to one- or two-family property–Single story for any structures located less than 60 feet from land zoned for one- or two-family dwelling purposes.

(11)

Exterior construction–90 percent masonry veneers.

(12)

Minimum off-street parking–see article V.

–Two garage spaces if located in front of unit.

–Two uncovered spaces if located behind the unit.

–See subsection (9).

(13)

Common walls between units–Two-hour fire rating with soundboard integrated between staggered wall studs extended through to roof deck.

(14)

Maximum distance to public right-of-way or fire lane–100 feet.

(15)

Signs–See article VI.

(16)

Landscaping and screening–See article VII.

(17)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(18)

Site plan approval–See article VIII. City council approval required prior to construction commencing.

(Ordinance 1239, § I, 7-8-97; Ordinance 1538, § 1, 6-25-02)

§ 84-108 “R-4” multiple-family medium density dwelling district.

(a)

Purpose.

The purpose of this district is to provide suitable areas for the development of multifamily residential structures at moderate densities of up to 16 units per gross acre. Such areas should be characterized by generous open spaces, relatively low traffic generation, appropriate recreation amenities, and adequate accessory facilities and be located primarily as transitional buffers between lower density residential uses such as townhouses and more intensive residential and nonresidential land uses.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their district regulations). Accessory buildings to main use.

Home occupations.

Apartments.

Townhouses or row houses (as described below).

Schools, parks, playgrounds.

Senior citizens–Assisted living.

Senior housing–Apartments.

(c)

District development standards.

(1)

Maximum density–16 dwelling units per acre.

(2)

Maximum units per structure–Ten units.

(3)

All other district development standards are the same as the R-3 district.

(Ordinance 1133, § 1(4-608), 3-22-94; Ordinance 1239, § II, 7-8-97; Ordinance 1535, § 2, 6-25-02)

§ 84-109 “R-5” multiple-family high density dwelling district.

(a)

Purpose.

The purpose of this district is to provide suitable areas for the development of multifamily residential structures at moderate densities of up to 24 units per gross acre. Such areas should be characterized by consolidated open spaces, relatively low traffic generation, a wide range of recreational amenities and adequate accessory facilities. This land use should be located in areas not suitable for lower density residential uses and can be used as transitional buffers between lower density residential uses such as townhouses and more intensive land uses.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their district regulations).

Accessory buildings to main use.

Home occupations.

Apartments.

Townhouses or row houses (as described below).

Schools, parks, playgrounds.

Senior citizens–Assisted living.

Senior housing–Apartments.

(c)

District development standards.

(1)

Maximum density–24 dwelling units per acre.

(2)

Maximum units per structure–12 units.

(3)

All other district development standards are the same as the R-3 district.

(Ordinance 1133, § 1(4-609), 3-22-94; Ordinance 1239, § II, 7-8-97; Ordinance 1535, § 3, 6-25-02)

§ 84-110 “C-1” neighborhood business district.

(a)

Purpose.

The intent of this district is to provide suitable areas for the development of certain limited business uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses should occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterial and be characterized by non-residential uses which have generous landscaping and do not attract long distance traffic trips.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Personal service shops and light retail stores.

Small professional offices, banks, studios.

Restaurants or cafes.

Schools.

Parks, playgrounds.

Outside sales, storage, or display prohibited, no service to automobiles.

(c)

District development standards.

(1)

Minimum lot area–none.

(2)

Minimum lot widths–none.

(3)

Minimum front yard–20 feet.

(4)

Minimum rear yard–15 feet.

(5)

Minimum side yard–none except when adjacent to land zoned for residential purposes then five feet.

(6)

Maximum structure height.

Not adjacent to one- or two-family property–35 feet, no limit on roof height for structures located 100 feet or more from land zoned for one- or two-family dwelling purposes.

Adjacent to one- or two-family property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

(7)

Minimum exterior facade–100 percent masonry facade on all wall elevations.

(8)

Minimum off–street parking–see article V.

(9)

Signs–see article VI.

(10)

Landscaping and screening–see article VII.

(11)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(12)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ordinance 1133, § 1(4-610), 3-22-94; Ordinance 1225, § 1, 12-12-96; Ordinance 1538, § 1, 6-25-02)

§ 84-111 “C-2” community business district.

(a)

Purpose.

The intent of this district is to provide suitable areas for the development of business uses which offer a wide variety of retail and service establishments that are generally oriented towards serving the overall needs of the entire community. Such uses generally include those retail, service and office activities that are usually found in major community shopping centers and in centralized commercial districts. This district should be the most widely applied business district in the city due to its generic service nature and provide for appropriate landscaping.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Large and small retailers and office uses.

Service establishments.

Hotels, motels, and travel lodges.

Medical and dental clinics.

Automotive repair and service shops.

Schools.

Parks, playgrounds.

No manufacturing or sales of secondhand goods.

(c)

District development standards.

(1)

Minimum lot area and width–none.

(2)

Minimum front yard–20 feet.

(3)

Minimum rear yard–15 feet.

(4)

Minimum side yard–none, except when adjacent to land zoned for residential purposes, then five feet.

(5)

Maximum height limit.

General–60 feet or four stories (which ever is less).

Public and semipublic uses–hotels, hospitals, schools, public buildings may be erected to 80 feet, provided all yards are increased an additional foot for each foot the building exceeds 60 feet.

Adjacent to residential–any structures located within 100 feet of land zoned for one- or two-family dwelling purposes are limited to a single story.

(6)

Minimum exterior facade–100 percent masonry facade on all wall elevations.

(7)

Minimum off-street parking–see article V.

(8)

Signs–see article VI.

(9)

Landscaping and screening–see article VII.

(10)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(11)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ordinance 1133, § 1(4-611), 3-22-94; Ordinance 1225, § 2, 12-12-96; Ordinance 1538, § 1, 6-25-02)

§ 84-112 “TX-10” Texas Highway 10 multi-use district.

(a)

Purpose.

The Texas Highway 10 multi-use district is intended to permit concentrated growth along the north and south sides of Texas Highway 10 with the development of business, industry and compatible support activities that maximize the potential for job growth, increase property values, and enhance the city’s urban image along the State Highway 10 corridor. It specifically encourages those uses that will stimulate work force expansion, optimize employee to customer ratios, maximize the economic use of available land and encourage the redevelopment of land. It specifically discourages those uses which provide for marginal increases in job growth, promote idle land, and detract from the image enhancement intentions of this district

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Office, retail, warehousing.

Automotive repair and service shops.

Fabrication, assembly.

(c)

District development standards.

(1)

Minimum lot area–22,500 square feet.

(2)

Minimum lot width–130 feet.

(3)

Minimum front yard.

–20 feet if all is landscaped.

–30 feet if not all landscaped.

(4)

Minimum rear yard.

Adjacent to right-of-way–20 feet.

Adjacent to one- or two-family zoning–two feet of side yard per one foot of building height.

All other conditions–same as height of building (per UBC), however, not less than 10 feet.

(5)

Minimum side yard–same as minimum rear yard.

(6)

Maximum height limit.

Adjacent to residential–any structures located within 120 feet of land zoned for one- or two-family dwelling purposes are limited to a single story.

All other conditions–60 feet.

(7)

Minimum exterior facade–100 percent masonry facade on all wall elevations.

(8)

Minimum buffer adjacent to residential zoning–six feet high screening fence or wall on common property line, with evergreen shrubs planted within a minimum ten feet wide landscape strip along the screen. Shrubs to be four feet on centers, not less than three feet height at planting and not less than six feet high within three years after planting.

(9)

Outside sales area–permitted when less than 20 percent of gross floor area of building and not within street yard.

(10)

Open storage and use areas–must be paved and located behind structure;

–Screened from all streets, medical, hotels, shop centers, via six feet high masonry wall (see screening wall article VII);

–Screened on all other sides by chainlink fence w/ slats or better (see screening fence article VII);

–All materials stacked below height of screen;

–Not less than 25 feet to property zoned for one- or two-family use.

(11)

Loading docks–screened from street with masonry wing wall;

–Setback from street a minimum of 50 feet.

(12)

Recycling and dumpsters areas–screened with masonry wall (see wall article VII); No closer than 20 feet to residentially zoned property.

(13)

Roof mounted equipment–screened with architecturally compatible material.

(14)

Meter and utility devices–screened with landscaping or architecturally compatible material.

(15)

Frontage landscaping–ten feet wide strip along front property line;

–One three-inch [caliper] tree per every 25 feet of frontage;

–Four shrubs per every 25 feet of frontage.

(16)

Parking lot landscaping–25 square feet per parking space;

–One tree for every ten parking spaces in street yard.

(17)

Minimum off-street parking–see article V.

(18)

Signs–see article VI.

(19)

Screening–see article VII.

(20)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(21)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ordinance 1133, § 1(4-612), 3-22-94; Ordinance 1225, § 11, 12-12-96; Ordinance 1538, § 1, 6-25-02)

§ 84-113 “LI” limited industrial district.

(a)

Purpose.

The intent of this district is to provide suitable areas for the development of industrial and manufacturing type uses which are characterized by exceptionally high developmental, operational and environmental standards. Such operations include those which are generally characterized by low traffic generation, minimal building coverage, generous setbacks, abundant open space and attractive site planning.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Retail, office, warehousing, assembly, light manufacturing.

(c)

District development standards.

(1)

Minimum front yard–50 feet.

(2)

Minimum side yards–20 feet.

(3)

Minimum rear yard–20 feet.

(4)

Maximum height limit–two stories and 45 feet.

(5)

Maximum floor area–2.5 times the buildable lot area (i.e., lot area less area of required yards).

(6)

Minimum exterior facade–100 percent masonry on street facing elevations; and 75 percent for all other wall elevations permitted if at least two of the following enhanced exterior masonry treatments or elements are incorporated into the design: enhanced course projections coining, coping, colonnades, cornice, pilaster, or other approved masonry enhancements as approved by the building official.

(7)

Minimum off-street parking–see article V.

(8)

Signs–see article VI.

(9)

Landscaped frontage–ten feet wide landscape strip adjacent to public right-of-way minimum of one three-inch caliper tree per 25 feet of street frontage with underground irrigation system.

(10)

Open storage and use areas–permitted within buildable area provided screened on all sides by the building or a view obstructing fence or wall not less than six feet high.

(11)

(12)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(13)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ordinance 1133, § 1(4-613), 3-22-94; Ordinance 1225, § 8, 12-12-96; Ordinance 1538, § 1, 6-25-02; Ordinance 1732, § 1, 4-11-06)

§ 84-114 “I-1” light industrial district.

(a)

Purpose.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Retail, office, warehousing, assembly, light manufacturing.

(c)

District development standards.

(1)

Minimum front yard–20 feet.

(2)

Minimum side yards–none unless abuts lot used for dwelling then minimum of ten feet.

(3)

Minimum rear yard–none unless abuts lot used for dwelling then minimum of ten feet.

(4)

Maximum height limit.

Adjacent to one- or two-family zoned property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

Not adjacent to one- or two-family zoned property–No limitation.

(5)

(6)

Minimum off-street parking–see article V.

(7)

Signs–see article VI.

(8)

Landscaping and screening–see article VII.

(9)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(10)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ordinance 1133, § 1(4-614), 3-22-94; Ordinance 1225, § 9, 12-12-96; Ordinance 1538, § 1, 6-25-02; Ordinance 1732, § 2, 4-11-06)

§ 84-115 “I-2” heavy industrial district.

(a)

Purpose.

This district is much more liberal in permissive uses of industrial and manufacturing nature and functions and provides for the citing of enterprises that tend to emit odors, noises, dust, and vibrations and that are least compatible with other uses. As in the “I-1,” light manufacturing district, no new dwelling uses will be permitted other than those that are now present and as needed for caretakers and watchmen. Off-street parking and loading facilities are required to lessen congestion in the streets.

(b)

Permitted primary uses.

See Table 4-A for detailed listing. General uses include:

Retail, office, warehousing, assembly, manufacturing.

(c)

District development standards.

(1)

Minimum front yard–20 feet.

(2)

Minimum side yard–none, unless abuts lot used for dwelling, then minimum of ten feet.

(3)

Minimum rear yard–none, unless abuts lot used for dwelling, then minimum of ten feet.

(4)

Maximum height limit.

Adjacent to one- or two-family zoned property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

Not adjacent to one- or two-family zoned property–no limitation.

(5)

(6)

Minimum off-street parking–see article V.

(7)

Signs–see article VI.

(8)

Landscaping and screening–see article VII.

(9)

Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(10)

Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ordinance 1133, § 1(4-615), 3-22-94; Ordinance 1225, § 10, 12-12-96; Ordinance 1538, § 1, 6-25-02; Ordinance 1732, § 3, 4-11-06)

§ 84-116 “TX-121” the 121 Gateway district.

(a)

Purpose.

The State Highway 121 area by virtue of its location, depth, width, size and visibility lends itself to a multi-use or mixed-use development pattern. It is envisioned that a variety of uses including retail and wholesale commercial, office, business and personal services, entertainment, educational and residential developments should be encouraged to occur in proximity to each other. Further, it is intended that these uses possess site designs, architectural themes and overall spatial relationships that serve to complement and enhance the economic and aesthetic value of the State Highway 121 Gateway area as a whole.

(b)

Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall be applicable.

(c)

District development standards.

(1)	Minimum lot area:
	• Residential
	SF detached	10,000 square feet.
	• Nonresidential	No minimum lot area.
(2)	Minimum lot width:
	• Residential
	SF detached	100 feet.
	• Nonresidential	No minimum lot width.
(3)	Minimum front yard:
	• Residential	30 feet.
	• Nonresidential	20 feet.
(4)	Minimum side yard:
	• Residential	10 feet from other residential.
		15 feet on interior side yard end walls.
		15 feet from nonresidential.
		20 feet for corner lots on public streets.
	• Nonresidential	0 feet from nonresidential.
		20 feet from residential.
		20 feet for corner lots on public streets.
(5)	Minimum rear yard:
	• Residential	25 feet.
	• Nonresidential	Equal to height of structure within 100 feet of residentially zoned or used property; minimum of 15 feet.
(6)	Maximum lot coverage:
	Building including parking garages.
	• Residential	60 percent.
	• Nonresidential	80 percent.
	Minimum living floor area:	2,500 square feet
(7)	Maximum floor area ratio:
	• Standard:	3:1.
	• With TDR’s	6:1 maximum.
(8)	Maximum residential density:
	• Residential	Limited by lot size.
(9)	Maximum structure height:
(10)	Utility services:	See section 86-1(2)(k), construction standards, for additional requirements.
	All utility services shall be buried.

Definition: Height is defined in the Uniform Building Code as “the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum is the elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance from the building ... or an elevation 10 feet higher than the lowest grade ... whichever yields a greater height of buildings.

East of State Highway 121:

The maximum height for the first 100 feet of those portions of this district that are adjacent to single-family zoning shall not exceed 36 feet. From a point that is 100 feet from a single-family zoning district and starting 36 feet above grade, height may increase at a rate of one foot of height for each two feet of horizontal distance. At a distance of 568 feet from a single-family-zoning district, the residential proximity slope no longer applies. (See Exhibit B)

West of State Highway 121:

There are no height limitations west of State Highway 121.

(d)

Minimum tower separation:

This standard applies to any building that exceeds 60 feet in height within 250 feet of the right-of-way line of State Highway 121 (SH 121).

(1)

Twin tower development is encouraged.

(2)

Buildings designed with facades at a 45-degree angle to SH 121 right-of-way are encouraged.

(3)

Any building or combination of buildings having a building footprint that exceeds 50,000 square feet shall be separated from another building or combination of buildings, on the same platted lot, a minimum of 80 feet. (See Figure 1)

(4)

If the depth of the building is greater than the width of the building as measured perpendicular to the SH 121 right-of-way, an additional minimum separation of one-half the difference shall be added to the required 80-foot separation. For building configurations which result in building separations in excess of 120 feet, alternative spacing requirements may be considered and approved by the development review committee for buildings on the same platted lot. (See Figure 2)

(5)

Buildings that are more than twice as wide as their depth shall have 80 feet of building separation for every 200 feet of width, or portion thereof. (See Figure 3)

(6)

Buildings or combinations of buildings that are constructed so that facades are at an angle of 45 degrees to the SH 121 right-of-way shall have a minimum separation between buildings or combinations of buildings, not on the same platted lot, of 200 feet. (See Figure 4)

(7)

Buildings or combinations of buildings that are constructed so that facades are parallel to the SH 121 right-of-way, shall have a minimum separation between buildings or combinations of buildings, not on the same platted lot, of 300 feet. (See Figure 5)

(8)

Buildings that are constructed parallel to the SH 121 right-of-way and which are adjacent to a building on another platted lot which is constructed at a 45-degree angle to the SH 121 right-of-way, shall maintain a 250 foot building separation. (See Figure 6)

(e)

Minimum exterior facade:

(1)

Residential

Facing Street .....90 percent

All Other Elevations .....90 percent

(2)

Nonresidential

Facing Street .....100 percent

All Other Elevations .....100 percent

(3)

Facade materials shall include architectural split face block, thin-wall brick, one-coat stucco, and natural stone.

(f)

Landscaping:

Shall conform to City of Euless Unified Development Code (UDC) article VII, landscape design requirements.

(1)

Plus the following conditions:

Minimum Landscape Edge (ten feet) (exclusive of R.O.W.).

Required trees must be three inches caliper when planted.

Two ornamental trees may substitute for one canopy tree.

An approved existing tree with six-inch diameter plus 15 feet tall may substitute for two required trees.

(2)

Plus two design standards: (choose two from below)

Enhanced perimeter landscape edge (15 feet) OR

Enhanced vehicular pavement (brick, stamped concrete, or pavers) OR

Permeable enhanced pavement (includes pavers with grass) OR

Pedestrian facilities, (i.e.plazas, fountains, lakes, benches, etc.) OR

Foundation planting strip (may include containers) OR

Enhanced pedestrian pavement (brick, stamped concrete or pavers)

(3)

Plus parking lot landscaping:

Any parking area of 20 or more spaces shall have interior landscaping

Shrubs along parking areas must be maintained at a maximum height of 24 inches

Required trees must be three inches caliper when planted

One space per each 20 shall be landscaped:

May be all groundcover or turf if island contains a tree

Two shrubs may be substituted for each 10 SF of groundcover or turf.

(g)

Screening:

Shall conform to City of Euless UDC article VII screening requirements.

(1)

The solid masonry screening wall may use any of the materials described in the minimum exterior facade section.

(2)

All service corridors and loading areas shall be screened.

(3)

Open storage permitted in buildable area if screened on all sides with a fence or wall as required by UDC article VII.

(4)

Six foot solid perimeter masonry fence or wall shall be required along all contiguous residential use.

(h)

Site plan approval:

Site plan approval shall be required as per UDC article VIII.

(i)

Off-street parking:

(1)

Uses with non-conflicting hours of operation may share parking to satisfy parking requirements.

(2)

The combined total of required parking may be reduced by the amount in the following matrix to allow shared parking.

Office Use in excess of 125,000 SF.

When combined with hotel, motels or office use with a minimum of 125 guestrooms, parking may be reduced by ten percent.

When combined with office, retail, business, or personal service of a minimum of 20,000 SF, parking may be reduced by ten percent.

When combined with amusement or recreational services, parking may be reduced by 50 percent.

When combined with eating, drinking or restaurant-type uses, parking may be reduced by 50 percent.

Hotel and Motel Use with a minimum of 125 guest rooms.

When combined with hotel, motel and office uses with a minimum of 125,000 SF, parking may be reduced by ten percent.

When combined with hotel, motel, retail, business, or personal service of a minimum of 20,000 SF, parking may be reduced by ten percent.

When combined with amusement or recreational services, parking may be reduced by 50 percent.

When combined with eating, drinking or restaurant-type uses, parking may be reduced by 50 percent.

Retail, business and personal service use with a minimum of 20,000 SF.

When combined with office, retail, business or personal services with a minimum of 125,000 SF, parking may be reduced by ten percent.

When combined with hotel, motel, retail, business or personal service uses when the hotel has a minimum of 125 guest rooms, parking may be reduced by 50 percent.

Retail mall use with a minimum of 250,000 SF.

When combined with all other uses except amusement and recreational uses, parking may be reduced by ten percent.

When combined with amusement and entertainment uses, parking may be reduced by 50 percent.

(j)

Parking lot design:

Shall conform to City of Euless Unified Development Code (UDC) article V, Off-Street Parking, Loading, and Driveway Standards, plus the following:

(1)

Shared drives shall have the following stacking distance:

48 feet from SH 121.

38 feet from all other roads.

(2)

Curbs shall be provided on all drives and parking areas.

(3)

Enhanced pavement is required for main driveway entrances for a depth equal to the landscape buffer.

(4)

Enhanced pavement materials shall include paving, such as brick, stamped concrete or architectural pavers or a combination of materials reflecting the overall project design.

(5)

The spacing and total number of site access driveways will be evaluated on a project by project basis. Driveway location and quantity will be conceptually identified during the land plan and/or specific use permit stage of a project’s development. Further refinement and final determination will be made through either site plan or planned development site plan approval. Shared access (mutual access) easements and improvements are strongly encouraged and may be required.

(6)

The spacing and number of driveways, as well as the possible requirement for shared access easements and improvements will be determined by the joint analysis and decision of the city engineer and the director of planning and development. Factors to be considered include, but are not limited to, intersection geometrics, tract or lot linear frontage, physical and functional roadway characteristics, types of land uses and their operational requirements, life/safety concerns and market-based needs and trends.

(7)

Parking shall be permitted within street yards.

(k)

Pedestrian circulation:

(1)

Walkways and pedestrian connections shall be clearly marked with the use of enhanced paving, such as brick, stamped concrete or architectural pavers or a combination of materials reflecting the overall project design.

(2)

Pedestrian access to public open space shall be provided.

(3)

Enhanced pavement walkways shall be used wherever there may be a presumed conflict between pedestrians and vehicular traffic. The enhanced pavement shall alert the motorist of the potential pedestrian crossing. Locations typically shall occur between buildings that are linked across parking areas.

(l)

Signs in Nonresidential areas:

(1)

Signs used in this district must complement the overall project architecture.

(2)

Signs shall comply with UDC article VI, except no roof or projection type signs shall be permitted.

(m)

Lighting:

Lighting shall conform to the City of Euless UDC article V.

(1)

Parking lot lighting used in this district must complement the overall project architecture.

(2)

Maximum height for parking light standards shall be 30 feet.

(n)

Special Exceptions:

Exceptions to these development standards may be granted through the procedures provided for by the UDC.

(o)

Transfer of Development Rights (TDR) and Floor to Area Ratio (FAR) Assignment.

(1)

Description:

Transfer of development rights:

This concept allows unused building rights to be transferred from one property to another within the boundaries of this district.

Floor to area ratio:

This is a ratio of the amount of building that may be constructed as it relates to the amount of square footage of property. For instance, a FAR of 3 to 1 allows three square feet of building for each square foot of land.

All land with this district is assigned a base floor to area ratio (FAR) of 3 to 1 (three square feet of building for each square foot of land). A property owner may sell or otherwise convey excess or unused FAR to another site within this planned development whether the conveyance is from a building site or undeveloped piece of property. Under no circumstances shall more than 2.75 FAR be transferred from any building site or property within this district. The FAR for any parcel shall not exceed 6:1.

If for instance, all of the development on a building site uses less than the base FAR, then the unused difference in FAR may be transferred to another building site or piece of property within the district. While the unused FAR may be transferred to another building site or piece of property, the development standards (i.e. height, lot coverage, setbacks, etc.) for the receiving building site or piece of property may not be violated.

(2)

Process:

When FAR is transferred from one property to another, the owner of the development rights shall:

Submit to the city information regarding the transfer in a form that is suitable for filing in Tarrant County deed records. This information shall include:

The names and addresses of the owner(s) of the development rights

Street address, lot and block numbers, and/or legal description of the property from which the development rights are to be transferred.

Street address, lot and block numbers, and/or legal description of the property to which the development rights are to be transferred.

An account tabulation of the following for both the transferring and receiving tracts:

The amount of development rights (in square footage and FAR) available,

ii.

The amount of development rights (in square footage and FAR) transferable, and

iii.

The balance of development rights (in square footage and FAR) remaining.

Within 30 days of the submission of the information, the director of the department of planning and development shall review the information. If the information is found to be complete, the director shall sign the form attesting that the information provided complies with the requirements of this section. If the director finds that the information is insufficient or in error, the director shall notify the applicant of those deficiencies and the applicant shall correct the deficiencies and may resubmit the application. A new 30-day review period commences with the re-submittal of the information.

Once the director has approved the information, the city shall file the form in the Tarrant County deed records, at the applicant’s expense.

The recipient of transferred development rights may transfer those rights to another property in this district by following the procedures outlined in this section.

The city shall maintain a record of development rights transfers.

All transfer of development rights (TDR) applications shall be submitted to the city for review along with an application and review fee as specified in chapter 30 in this Code.

Any accumulation of FAR (i.e., through the transfer of development rights) that occurs without the review and attestation of the director of planning and development, shall be void and shall not be binding upon the city, and also may result in denial of building permits, certificates of occupancy, and/or withholding of utilities.

(Ordinance 1310, § I, 9-8-98; Ordinance 1538, § 2, 6-25-02)

§ 84-117 Main Street sign regulations.

(a)

Purpose and district boundaries.

The intent of this section is to provide signage standards for a defined area of Main Street. The boundaries are established as property abutting North Main Street between the center lines of South Pipeline Road and Glade Road or a sign located on an intersecting street, which sign is located within 300 feet of the nearest right-of-way line of Main Street. It is hereby declared to be the intent of this section to establish reasonable development standards that permit and control business signage within the area:

(1)

Encourage commercial and office signage that fits the architectural scale of Main Street.

(2)

Limit and discourage signage that creates traffic hazards and congestion.

(3)

Encourage visual and functional harmony among allowed signage.

(b)

Definitions and sign classifications.

See art. VI. sec. 84-232 and the following definitions

Single tenant sign.

A sign that contains information about one business only.

Multi-tenant sign.

A sign that contains information about multiple businesses.

Directional sign.

A sign that contains information about traffic circulation on the property or between the property and a public road (i.e. entry, exit, drive-through lane, etc.)

(c)

Non-conforming signs, permits, and conditions.

Signs:

A sign that would not be permitted as a new sign under this section, but which was lawfully existing on the effective date of these regulations, but which by reason of its size, height, location, design construction or operational use is not in conformance with the requirements of these regulations, shall be issued a nonconforming sign permit by the city. An applicant may appeal the standards of this section on a hardship basis to the city council.

Such permit shall allow the sign subject to such permit, which was made nonconforming by the adoption of these regulations, to remain in place and operational, provided that no action is taken which increases the degree or extent of the nonconformity, and that such nonconforming use (if applicable) remains in uninterrupted and continuous use during such time. The continued existence of such nonconforming sign shall, however, be subject to the authority of the city to order discontinuous of use under the provisions of the Texas Local Government Code.

Nonconforming sign permits shall lapse if a nonconforming sign is discontinued or interrupted for a period exceeding 90 calendar days. A change in the information on the face of an existing nonconforming sign will be permitted, however, any nonconforming sign shall be eliminated or made to conform to the requirements of this section when any proposed change, repair, or maintenance constitutes an expense of more than 25 percent of the replacement value of the sign.

(d)

District sign standards.

(1)

Other business signs.

See art. VI., Signs and street regulations.

(2)

Non-attached signs.

An on-premises pole sign shall be allowed within the front building setback for properties in the area that have public road frontage along State Highway 183, subject to the requirements of article VI.

(3)

Non-attached signs.

Monument signs, both single tenant and multi-tenant signs, shall be allowed, subject to the following requirements:

Number of signs allowed.

A single monument sign shall be allowed per property. It shall be located on the same property as the business it is identifying.

Street property line and side property lines setback.

See art. VI., sec. 84-234, subject to the approval of the engineering director with regard to sight distance or circulation conditions

Single tenant sign.

The sign shall be limited to a maximum of eight feet above the nearest top of curb elevation.

The total sign face area shall be limited to a maximum of 50 square feet (100 square feet for both sides), measured from outer edge to outer edge, and from grade to the tallest part of the sign structure.

The sign may contain a maximum of two announcement surfaces. (An applicant may construct a sign of varying width and height within these requirements.)

Multi-tenant sign.

The sign shall be limited to a maximum of 12 feet above the nearest top of curb elevation.

The total sign face area shall be limited to a maximum of 150 square feet (300 square feet for both sides), measured from outer edge to outer edge, and from grade to the tallest part of the sign structure.

The sign may contain a maximum of two announcement surfaces. (An applicant may construct a sign of varying width and height within these requirements).

Allowed materials for sign and base.

The signs permitted by this section may be constructed of materials approved by the prevailing building and electrical codes of the city.

The sign must be placed on a masonry base. Approved base materials include concrete, stone, brick or other masonry that compliments the architecture of the primary building.

In the event that a concrete base is constructed, screening of the base is required with landscaping and irrigation.

The construction of the signs will be subject to the prevailing building, electrical, mechanical, and other appropriate codes as required for a permit to be issued for other structures.

Directional signage

may be allowed, but only at the discretion of the planning director and engineering director.

Lighting of signs.

The signs permitted in this section, if illuminated, shall be internally lit.

Intensity of lighting.

Signs shall not be permitted which, by virtue of the intensity, direction, or color of its lighting or illumination, shall interfere with the proper operation of, or cause confusion to the operator of a motor vehicle on the public streets.

Signs which are lighted or illuminated to an intensity in excess of that of a public streetlight (400 watts) shall not be constructed or maintained within 200 feet of and facing property in a residential zone. The building official shall approve intensities of illumination in all cases.

The signs permitted in this section shall not contain any moving parts, blinking lights, and dimming lights or the like, and shall otherwise conform to section 84-239, prohibitive sign characteristics.

Property address.

The signs permitted in this section must contain the property address in block letters at least 8 inches in height that are easily read from the street. The property address shall be considered to be a part of the allowed square footage of the sign.

Signage text.

The signs shall be limited to the name and/or type of business only. There shall be no advertising allowed on the signage, and no posting of other messages, labels, or logos beyond that of the primary tenant.

An exception is allowed for the posting of gasoline pricing for a convenience store, within the allowed square footage of the monument sign.

Parking standards.

A monument sign, together with landscaping at its base, may occupy an area of the site that would otherwise be devoted to meeting the off-street parking standards outlined in article V of this chapter. If a monument sign is sited in place of a parking space that would meet the standards of article V, the number of required off-street parking spaces may be reduced by one parking space.

Landscaping of sign islands.

Shall conform to the City of Euless Unified Development Code (UDC) art. VII. Landscaping, fences, walls, screening and outdoor storage requirements and the following conditions:

Such landscaping shall consist of: a) all groundcover or turf if the sign island contains a tree; or b) two shrubs may be substituted for each ten square feet of groundcover or turf.

Landscaping installed in conjunction with signage requirements outlined in this section shall be counted toward required interior landscaping.

Shrubs shall be maintained at a maximum height of 24 inches.

(e)

Special exceptions.

Exceptions to these development standards may be granted through the procedures provided by this chapter.

(f)

Additional standards and criteria for special exceptions and special use permits.

The city council may authorize a sign as a special exception or approve a sign under a special use permit if the proposed use conforms to the following criteria:

The proposed sign is of a similar architectural scale to existing development in the district or will use an existing building for its purposes.

The proposed sign may be shared by other on-site businesses, or is designed to permit such sharing when and if it becomes feasible.

Council determination that the applicant has made a reasonable and good faith effort to comply with these regulations.

(Ordinance 1472, § I, 5-8-01)

§ 84-130 Exceptions to district site development standards.

Except as approved by the board of adjustment, only the specific exception to the district site development standards shall be permitted and then only when complying to the conditions, if any, specified.

(1)

Height exceptions.

Height regulations shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator penthouses, storage towers, flag poles, monuments, ornamental towers, cranes, construction equipment, stage towers and scenery lofts, water tanks, microwave relay stations, and radio and television transmission towers.

(2)

Height extensions.

A permitted nonresidential structure in any zoning district may exceed maximum height limits with a specific use permit, provided that there shall be an additional two feet of required yard setback for each one foot of additional height.

(3)

Unobstructed open space.

All required permeable areas shall be unoccupied and completely unobstructed except for meter pits extending not more than six inches above grade, lawn sprinklers, landscaping, ordinary and necessary service line conduits and poles for utilities, lighting fixtures, signs within the limits herein prescribed, or underground installations accessory to any permitted use.

(4)

Front yard obstructions.

Front yards on private streets may contain carports. However, in no case shall they be located nearer than two feet from the front property line, fire lane or private drive.

(5)

Side yard projections.

Sills, belt courses and cornices may project up to two feet into required side yard.

(6)

Side yard exemptions.

Side yards shall not be required for abutting nonresidential properties in the same zoning district if both properties are developed as a unit under a common development plan.

(7)

Rear yard overhangs.

Roof, balcony and porch overhangs may project up to four feet into required rear yards.

(8)

Rear yard projections.

Fireplace masses, bay windows and window boxes may project up to three feet into required rear yards.

(9)

Rear yard exemptions.

Where a lot fronts on two streets within 30 degrees of being parallel but not at their intersection, no rear setback shall be required.

(10)

Front setback consistency.

Where properties along one side of a street in the same block are zoned differently, the front setback of the most restrictive district shall apply to the entire block.

(11)

Corner/reverse frontage setbacks.

On the street side of corner lots, required side yards shall be not less than 15 feet in depth, and in the case of reverse frontage lots, there shall be a rear yard depth equal to the front yard depth of the lots to the rear.

(12)

Lots of record.

On any lot-of-record held under separate ownership from adjoining lots at the time of passage of this chapter, a single-family detached dwelling may be erected even though the lot may be of less area than required by the district in which it is located; provided, however, that the combined area of the dwelling and any accessory structures shall not cover more than 40 percent of the total lot area.

(13)

Conflicting ordinances.

Where a setback line has been established by another ordinance or by approved plat filed of record and such line requires a greater distance than is prescribed by this chapter for the district in which the building line is located, the minimum required setback shall comply with the line so established by such ordinance or approved plat filed of record.

(14)

Roof pitch exceptions.

No minimum roof pitch regulation shall be required for a single-family detached dwelling constructed on a parcel one (1) acre in size or greater, provided that all other district site development standards are in compliance.

(Ordinance 1133, § 1(4-700), 3-22-94; Ordinance 2151, §, 4-25-17)

§ 84-140 “PD” planned development district.

These regulations are designed to provide flexibility of planning and development of large scale, multi-use or in environmentally sensitive areas. The planned development district is a specific zoning district that is governed by specific plans approved by the city council.

(1)

Permitted uses.

Uses permitted in a “PD” district may include any one or combination of the uses set forth in Table 4-A, subject to the issuance of a specific use permit.

(2)

Procedures.

Prior to the issuance of a specific use permit or building permit for property located in a “PD” district, a general plan shall be submitted identifying proposed land uses, densities, major open spaces, circulation patterns and access features, and including a statement indicating proposed phasing of development and the projected timing of each phase. The commission shall review and forward the plan with its recommendation to the council. The council shall not approve a “PD” plan which has not been recommended for approval by the commission except by a favorable vote of 3/4 of all the members of the Council. advertisement and public hearing shall be held by the commission and council in accordance with the notification procedure set forth for a rezoning application.

(3)

Minimum size requirement.

A “PD” district may be authorized only on sites containing five or more acres, except in infill or transition areas where there shall be no minimum size requirements.

(4)

Cluster housing.

If the proposed “PD” project contains cluster housing, the minimum standards and requirements shall apply as set forth for cluster housing in the R-1A district.

(5)

Development standards.

In approving applications for the “PD” district, the council may impose any reasonable requirements necessary to protect the public interest, adjacent properties and welfare of the community. The minimum requirements established shall be those of the least intensive district in which the use or uses are allowed.

Site development standards.

The site development standard of the least intensive district in which the use or uses are allowed shall constitute the minimum site development requirements unless differing requirements are approved by council; provided, however, that the council may impose stricter requirements in order to minimize incompatibilities;

Parking regulations.

Unless otherwise indicated on the approved site plan, the parking requirements set forth in article V of this chapter apply.

Sign regulations.

Unless indicated on the approved site plan, the sign regulations as set forth in article VI of this chapter shall apply.

(6)

Council waivers.

In environmentally sensitive areas or in larger mixed use projects, the council is authorized to modify or waive any minimum development standards in consideration for superior site design standards and public improvements that are deemed to be in the public interest. Under no circumstances should the “PD” district be used as a device to circumvent minimum standards.

(7)

Development schedule.

Application.

The city council may require an application for a “PD” district be accompanied by a development schedule indicating the approximate date on which construction is expected to commence and the rate of anticipated development to completion. The development schedule, if approved by council, shall become part of the general plan and shall be adhered to by the owner, developer and his or her successors in interest. The administrator shall report annually to the commission the actual development accomplished as compared with the development schedule.

Failure to meet schedule.

If in the opinion of the city council, the owner or owners of property are failing or have failed to meet the approved schedule, the city council may initiate proceedings to amend the zoning district map or the “PD” district by removing all or part of the “PD” district from the zoning district map and placing the area involved in another appropriate zoning district. Upon recommendation of the commission and for good cause shown by the owner and developer, the council may also extend or amend the development schedule as may be indicated by the facts and conditions of the case.

(8)

All community unit developments.

(CUD) Special planned unit developments (SPUD) that may have been approved prior to the adoption of these regulations shall comply with the site plan and conditions approved with its original adoption. Amendment to any CUD or SPUD shall require compliance with the PD regulations.

(9)

Landscaping, screening and outdoor storage regulations.

Unless indicated on the approved site plan, the landscaping, screening and outdoor storage regulations of article VII shall apply.

(Ordinance 1133, § 1(4-800), 3-22-94)

§ 84-150 Specific use permits.

The purpose of a specific use permit is to provide the council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses may have unusual physical or operational characteristics or may be of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the uses’ relationship to public planning policies, or possible adverse impact on neighboring property of the use, heightened review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed uses are required.

(1)

Permit required.

No land or building shall be used or occupied by any use requiring a specific use permit, as specified in Table 4-A herein, unless a specific use permit has first been issued in accordance with the provisions of this section.

(Ordinance 1133, § 1(4-900), 3-22-94)

§ 84-151 Application procedure.

(a)

An application for a specific use permit shall be filed with the city planning department on a form prepared by the city. The application shall be accompanied by the following:

(1)

A completed application form signed by the property owner;

(2)

An application fee as established by the city’s latest adopted “schedule of fees”;

(3)

A certificate stating that all city and school taxes have been paid current-to-date;

(4)

A property description of the area where the specific use permit is proposed to apply;

(5)

A site plan complying with the requirements stated herein which will become a part of the specific use permit, if approved, and;

(6)

Any other material and/or information as may be required by the planning and zoning commission, the city council or the city manager to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City of Euless.

(b)

A site plan shall contain, at a minimum, the following information:

(1)

Boundary of the area covered by the site plan;

(2)

A description of all processes and activities involved in the proposed use;

(3)

Existing and proposed buildings and structures, including their height, roof line, gross floor area, location of entrances and exits, areas for storage, and areas where work is performed;

(4)

Existing drainage ways and significant natural features, such as large trees, tree clusters, steep slopes, etc.;

(5)

Proposed landscaping and screening buffers;

(6)

Location and dimensions of all curb lines, public and private streets, easements, parking and loading areas, pedestrian walkways, lighting facilities, and outside trash storage facilities;

(7)

The location, height, and type of wall, fence and/or other type of screening; and

(8)

The location, height and size of all proposed signs.

(c)

The following additional information shall be provided prior to approval subject to the provisions of section 84-152.

(1)

Any final environmental assessment and/or final environmental impact statement that may be required pursuant to state or federal statutes;

(2)

Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility;

(3)

Copies of studies or analyses upon which alternatives have been considered and evaluated;

(4)

Description of the present use, assessed value and actual value of the land affected by the proposed facility;

(5)

Description of the proposed use, anticipated assessed value and supporting documentation;

(6)

A description of any long term plans or master plan for the future use or development of the property;

(7)

A description of the applicant’s ability to obtain needed easements to serve the proposed use;

(8)

A description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land use patterns;

(9)

A description of any special construction requirements that may be necessary for any construction or development on the subject property;

(10)

If the proposed use will result in a significant increase in traffic, a traffic impact analysis prepared by a certified professional engineer qualified in the field of traffic engineering and forecasting;

(11)

If the proposed use will result in the production of noise of 50 DBa at the property line from 10:00 p.m. through 7:00 a.m., or 55 DBa at the property line from 7:00 a.m. through 10:00 p.m., a map showing projected noise at 55, 60, 65, 70 and 75 ldn noise contours, data showing projected distribution of single event noise events for each half hour throughout the day, including expectant decibel levels and duration of noise events, and projected cumulative noise totals from all facility-related noise.

(Ordinance 1133, § 1(4-901), 3-22-94)

§ 84-152 Waiver of permit requirements.

Upon petition by the applicant showing that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the city council, upon recommendation by the planning and zoning commission, may waive any part, or all, of the application requirements imposed by section 84-151.

The city council may grant such a waiver only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.

(Ordinance 1133, § 1(4-902), 3-22-94)

§ 84-153 Conditions of permit approval.

A specific use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist:

(1)

The proposed use complies with all the requirements of the zoning district in which the specific use permit is located;

(2)

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city;

(3)

The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use;

(4)

Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided;

(5)

The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

(6)

The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property;

(7)

The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood;

(8)

The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity;

(9)

Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight;

(10)

Sufficient on-site lighting is provided for adequate safety of patrons, employees and property and that such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties;

(11)

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties;

(12)

The proposed operation is consistent with the applicant’s submitted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs;

(13)

The proposed use is in accordance with the city’s comprehensive plan.

(Ordinance 1133, § 1(4-903), 3-22-94)

§ 84-154 Additional conditions.

In authorizing a specific use permit, the planning and zoning commission may recommend, and the city council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community, including by way of example and without limitation thereto conditions that the specific use permit extend only to the applicant or for a specified term.

(Ordinance 1133, § 1(4-904), 3-22-94; Ordinance 1232, § 3, 4-8-97)

§ 84-155 Governmental immunity.

Upon petition of the applicant, the city council may officially recognize that the applicant is immune from the requirements of complying with the city’s zoning ordinance for a proposed building, structure, use, development or activity, (a) if required by state or federal statutes, or (b) in the absence of such statutes, upon consideration and balancing of all relative factors, including:

(1)

The impact of zoning compliance upon a proposed building, structure, use, development or activity;

(2)

The impact of a proposed building, structure, use, development or activity on the city;

(3)

Whether the site selected is the most prudent and feasible location for the proposed building, structure, use, development or activity;

(4)

The need of the applicant and the region for the proposed use, development or activity.

(Ordinance 1133, § 1(4-905), 3-22-94)

§ 84-156 Time limit.

A specific use permit issued under this section shall be valid for a period of two years from the date of issuance and shall become null and void unless construction or use is substantially under way during the two-year period, or unless an extension of time is approved by the city council.

(Ordinance 1133, § 1(4-906), 3-22-94)

§ 84-157 Revocation of permit.

A specific use permit may be revoked or modified, after notice and hearing for either of the following reasons:

(1)

The permit was obtained or extended by fraud or deception;

(2)

One or more of the conditions imposed by the permit has not been met or has been violated.

(Ordinance 1133, § 1(4-907), 3-22-94)

§ 84-158 Amendments.

The procedure for amending a specific use permit shall be the same as for a new application, provided, the administrator may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.

(Ordinance 1133, § 1(4-908), 3-22-94)

§ 84-180 Established.

In addition to the regulations for the zoning district in which the property is located the following supplemental regulations shall apply.

(Ordinance 1133, § 1(4-1000), 3-22-94)

§ 84-181 Exterior facade requirements.

(a)

In order to enhance the overall visual image of the city and to encourage some degree of design consistency, exterior masonry facades on all structures shall be provided as specified in the district site development standard for that particular zoning district.

(1)

Street facing walls.

Street facing walls shall be deemed any exterior wall elevation visible from the street and having an angle of less than 80 degrees from the building line cord.

(2)

Calculations.

In determining the wall area, the entire elevation from the foundation to the top plate exclusive of doors, windows and other penetrations shall be used.

(3)

Acceptable masonry facade material.

Only the following materials shall be considered as meeting the masonry requirements in any zoning district: natural stone, brick, precast concrete panels, true stucco, and/or glazed (common smooth face masonry units or smooth tilt wall surface are specifically prohibited unless used in combination with other types of concrete masonry units, and architectural enhancements on tilt wall, and do not exceed 25 percent of the area covered by concrete masonry units or tilt walls).

(4)

Exceptions to exterior masonry facade standards for R-1, R-1C, and R-1L zoning districts.

Maintaining existing masonry percentage for a remodel or reconstruction of existing residential structures: At the time a building permit application is made, the existing masonry facade percentage shall be maintained, or exceeded, on the front and side elevations of existing residential structures located in the following zoning districts: R-1, R-1C, and R-1L. An alternative building material, such as fiber cement board, is permissible as an acceptable facade material when applied to the rear elevation or second story addition to an existing garage.

Use of alternative building materials for a remodel or reconstruction of existing residential structures: At the time a building permit is issued, an exception for existing residential structures located in the following zoning districts: R-1, R-1C, and R-1L, remodel or reconstruction, may be granted to use an alternative building material, such as fiber cement board, as an acceptable facade material when applied to the front or side elevation when meeting the following requirements:

The building official finds that literal enforcement of the masonry requirements will create unnecessary hardship because of extraordinary or exceptional physical condition(s) or situation(s), excluding financial hardship(s), unique to the specific piece of property. Such an exception would be granted based on information provided by a State of Texas registered structural engineer. Exceptions approved by the building official shall be in effect for only the structure specifically authorized by the building official and shall become null and void should no building permit be issued within 90 days or should the building permit for the specific structure expire.

Prior to the building official making a determination, all property owners within 200 feet of the applicant’s property would be provided written notification regarding the applicant’s proposed use of alternative building materials. These property owners are provided the opportunity to contact the building official for additional information and, within 15 days of such notice being sent out, to submit in writing to the director of planning and development, a protest to the applicant’s request. If a written protest against such a proposal has been received by the director of planning and development from 20 percent or more of the property owners receiving notice, the determination to approve the proposal shall be considered by the city council.

The building official will provide the applicant written verification of the decision and sent by registered mail or by other means to establish that the applicant is in receipt of the correspondence.

(Ordinance 1133, § 1(4-1001), 3-22-94; Ordinance 1732, §§ 4, 5, 4-11-06; Ordinance 1764, § 1, 1-23-06)

§ 84-182 Private water wells and wellhead protection zone.

(a)

Private water wells:

(1)

Permit required.

It shall be unlawful to drill a private water well within the city before first obtaining a building permit from the city.

(2)

Private water wells; limits to uses; requirements.

Private water wells within the corporate limits of the city shall be limited to irrigation purposes only.

No private water well shall be utilized for domestic water purposes.

Private water wells shall not be connected to the domestic water supply in any manner.

Irrigation systems supplied by a private water well shall not have any other supply connections from another water source unless the design and construction of such connection is approved by the city, and any switching between such private water well and any other source shall be done only by city employees.

All private water wells supplying water to an irrigation system shall have an approved double check valve assembly tested upon installation by a Texas Natural Resource Conservation Commission (T.N.R.C.C.) certified backflow prevention device tester or as required by T.N.R.C.C.

(3)

Additional requirements.

Any water provided for irrigation purposes from the city’s public water supply to nonresidential customers under this section shall be subject to a commercial supplemental irrigation rate, calculated as one and one-half times the commercial and industrial water service rate as provided in section 30-35 of this Code.

In addition to a water well permit, an electrical permit shall be obtained for any electrical installation in connection with the well.

The contractor or person drilling the well shall be licensed by the state and registered with the city.

Any person or firm performing electrical work shall be licensed by and registered with the city.

The water well permit application shall include a plot plan of the well site, showing the locations of the well and all structures and distribution lines in the vicinity.

All electrical work must be inspected and approved by city inspectors before placing the well into operation.

Water well contractors must provide verification of registration of the well with the Texas Department of Water Well Licensing and Regulations within 60 days of well completion.

The city has the legal authority to require the abandonment of an existing private water well if the well threatens the public water supply or the health of its citizens. All abandonment costs will be the responsibility of the owner. The abandonment procedures must comply with all applicable Texas Natural Resource Conservation Commission (T.N.R.C.C) Rules and Regulations.

All wells shall be, while either in use or abandoned, covered on the top so as to prevent a person from falling into the well. All abandoned wells not properly covered shall be filled.

(4)

Abandonment of private water wells.

Abandonment of private water wells shall be done in accordance with T.N.R.C.C. requirements after proper notification to T.N.R.C.C.

(b)

Wellhead protection zone:

From and after the effective date [November 10, 1998] hereof, no new or additional fuel storage tanks or hazardous materials as defined by E.P.A. shall be located within 1,400 feet of any water well; no new or additional private water well shall be located within 1,400 feet of any fuel storage tank or hazardous materials as defined by E.P.A.; and no new or additional private water wells shall be located within 1,000 feet of any public water well. Exceptions to these prohibitions may be granted by the city council on a case-by-case basis provided that the council finds that such well or storage site will not adversely affect the public health, safety, or welfare. Exceptions approved by the council shall be in effect for only the well or storage site specifically authorized by council.

(Ordinance 1345, 11-10-98; Ordinance 1481, § 1, 6-26-01)

§ 84-183 Sexually oriented businesses.

(a)

The purpose of this section is to promote the health, safety, morals, and general welfare of the citizens by establishing reasonable and uniform regulations pertaining to sexually oriented businesses so as to prevent the concentration of such businesses within the city.

(b)

Businesses fitting the definition of “sexually oriented business” as defined by this chapter, shall comply with the following locational requirements:

(1)

No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of a church, public or private elementary or secondary school, public park, public library, residential use, property zoned for residential use or another sexually oriented business.

(2)

No person shall establish, operate, or cause to be operated, a sexually oriented business in any building structure or portion thereof containing another sexually oriented business.

(3)

The distance between a sexually oriented business and any adjacent structures other than another sexually oriented business shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building or structure used as a tenant space occupied for a sexually oriented business to the nearest property line of the premises of a church, public or private elementary or secondary school, public park, public library, or residential use.

(4)

The distance between any two sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied as applicable.

(c)

No person may operate or cause to operate a sexually oriented business without first meeting the licensing requirements prescribed in chapter 18, article III.

(Ordinance 1133, § 1(4-1003), 3-22-94)

§ 84-184 Performance standards.

Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses as set forth in this chapter shall be undertaken and maintained only if they conform to the regulations of this section. The following standards shall apply to the various zoning districts as indicated:

(1)

Exterior noise.

The following noise standards, unless otherwise specifically indicated, shall apply for all property within the city.

Residential district.

For noise emanating from a facility on property located within any “R” residential district, the allowable noise level at any property line shall not exceed the following:

Time Interval	Allowable Exterior Noise Level
10:00 p.m. to 7:00 a.m.	50 dB(A)
7:00 a.m. to 10:00 p.m.	55 dB(A)

For noise emanating from a facility on property located within any “C” commercial district, the allowable noise level shall be as follows:

Time Interval	Allowable Exterior Noise Level
10:00 p.m. to 7:00 a.m.	65 dB(A)
7:00 a.m. to 10:00 p.m.	70 dB(A)

For noise emanating from a facility on property located within the “TX 10” or “LI” the maximum allowable noise level shall be as follows:

Properties within 150 feet of any residentially zoned property shall comply with exterior noise standard for “C” commercial districts.

Properties that are 150 feet or more from any residentially zoned property shall be subject to the exterior noise standards for the “I-1” light industrial district.

“I-1” light industrial district.

For noise emanating from a facility on property located within the “I-1” light industrial district, the allowable noise level shall be 75 dB(A).

“I-2” heavy industrial district.

For noise emanating from a facility on property located within the “I-2” manufacturing district, the allowable noise level shall be 85 dB(A).

All zoning districts.

Noise emanating from property within any zoning district may not exceed:

The allowable noise level plus up to five dB(A) for a cumulative period of no more than 30 minutes in any hour; or

The allowable noise level plus six to ten dB(A) cumulative period of 15 minutes in any hour; or

The allowable noise level plus 11 to 15 dB(A) for a cumulative period of five minutes in any hour; or

The allowable noise level plus 16 dB(A) or more for a cumulative period of one minute in any hour.

Ambient noise.

In the event the ambient noise level exceeds the allowable noise levels in subparagraphs b., c., and d. above, the allowable noise level for the property in questions shall be increased to equal the maximum ambient noise level.

Noise sources not included.

For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included:

Noises not directly under the control of the property owner, occupant, or operator of the premises.

Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 8:00 p.m.

Noises of safety signals, warning devices and emergency pressure relief valves.

Transient noise of mobile sources, including automobiles, trucks, aircraft, and railroads.

Activities conducted on public parks, playgrounds and public or private schools.

Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the appropriate jurisdiction relative to the staging of said events.

Air conditioning or refrigeration systems or associated equipment.

General standards regarding noise measurement.

For the purpose of determining compliance with this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

Standards regarding noise measurement for pre-existing manufacturing uses.

For the purpose of determining compliance with the foregoing subparagraphs c. through f., and with regard to noise emanating from property already zoned manufacturing at the time this chapter is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.

(2)

Vibration.

No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with regard to vibration generated from any property already zoned manufacturing at the time this chapter is enacted, vibration is to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.

(3)

Glare.

Primary and secondary glare (both direct and reflective) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding, new construction and repairs of facilities shall be exempt from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations.

(4)

Particulate air contaminants.

No emissions, dust, fumes, vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the state air control board and the environmental protection agency.

(5)

Exceptions from performance standards.

The owner or operator of any building, structure, operation or use which violates any performance standards may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The board may grant exceptions with respect to the time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section of the chapter. In its determinations, the board shall consider the following:

The magnitude of the nuisance caused by the violation.

The uses of property within the area of impingement by the violations.

The time factors related to study, design, financing and construction of remedial work.

The economic factors related to age and useful life of the equipment.

The general public interest, welfare and safety.

(6)

Exemptions.

The provisions of this section shall not apply to manufacturing uses or expansions thereof upon adjacent property, which exist within the city on the effective date of this chapter.

(Ordinance 1133, § 1(4-1004), 3-22-94)

Euless City Zoning Code

ARTICLE IV

§ 84-80 Zoning districts established.

§ 84-81 Zoning map adopted.

§ 84-82 District boundary uncertainty.

§ 84-83 Annexation zoning procedures.

§ 84-84 Permitted uses table.

§ 84-85 Special conditions by use type.

§ 84-86 Exceptions to conditions.

§ 84-100 Established.

§ 84-101 “R-1C” single-family custom dwelling district.

§ 84-102 “R-1” single-family detached dwelling district.

§ 84-103 “R-1L” single-family limited dwelling district.

§ 84-104 “R-1A” single-family attached dwelling district.

§ 84-105 “R-2” two-family dwelling district.

§ 84-106 “MH” mobile home district.

§ 84-107 “R-3” multiple-family low density dwelling district.

§ 84-107.5 “TH” townhouse dwelling district.

§ 84-108 “R-4” multiple-family medium density dwelling district.

§ 84-109 “R-5” multiple-family high density dwelling district.

§ 84-110 “C-1” neighborhood business district.

§ 84-111 “C-2” community business district.

§ 84-112 “TX-10” Texas Highway 10 multi-use district.

§ 84-113 “LI” limited industrial district.

§ 84-114 “I-1” light industrial district.

§ 84-115 “I-2” heavy industrial district.

§ 84-116 “TX-121” the 121 Gateway district.

§ 84-117 Main Street sign regulations.

§ 84-130 Exceptions to district site development standards.

§ 84-140 “PD” planned development district.

§ 84-150 Specific use permits.

§ 84-151 Application procedure.

§ 84-152 Waiver of permit requirements.

§ 84-153 Conditions of permit approval.

§ 84-154 Additional conditions.

§ 84-155 Governmental immunity.

§ 84-156 Time limit.

§ 84-157 Revocation of permit.

§ 84-158 Amendments.

§ 84-180 Established.

§ 84-181 Exterior facade requirements.

§ 84-182 Private water wells and wellhead protection zone.

§ 84-183 Sexually oriented businesses.

§ 84-184 Performance standards.