(a)

General. Regulations governing lot dimensions, as specified in section 77-52 and section 77-53, shall apply to all lots except that a lot having less area, width, or depth than herein required which was an official "lot of record" prior to the adoption of the ordinance from which this chapter is derived may be used for a single-family dwelling, and no lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in area, width, or depth below the minimum requirements set forth herein.

(b)

Minimum lot area. Independent living facilities, assisted living facilities, long-term care facilities, continuing care facilities, community centers, hospitals, colleges, universities, trade schools, and public, private, and parochial schools located in any residential district shall have a minimum site area of two acres.

(c)

Lot coverage and floor area ratio. The maximum percentage of any lot area which may hereafter be covered by the main building and all accessory buildings and the maximum ratio of the floor area to the total area of the lot or tract on which a building is located shall not exceed the regulations specified in section 77-52 and section 77-53, except where an existing building at the effective date of the ordinance from which this article is derived may have a greater percentage of lot coverage or a higher floor area ratio than herein prescribed, such building shall be considered a conforming structure.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

General. Regulations governing yard requirements, as specified in section 77-52 and section 77-53, shall apply to all lots unless otherwise specified in this chapter.

(b)

Special front yard regulations.

(1)

On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a final plat.

(2)

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

(3)

Where a building line has been established by plat or Code provision and such line requires a front yard setback greater or lesser in depth than is prescribed by this article for the district in which the building line is located, the required front yard shall comply with the building line established by such ordinance or plat.

(4)

Front yard measurements.

a.

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building.

b.

Eaves and roof extensions or a porch without posts or columns may project into the required front yard setback for a distance not to exceed four feet.

c.

Where no front yard is required, all stairs, eaves, roofs and similar building extensions shall be located behind the front street right-of-way line or property line and off-street parking facilities shall be equipped with stops or guards to prevent parked vehicles from being stored nearer than ten feet to any curb and all such parking shall be behind the property line.

(5)

For existing through lots, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only an accessory building may be built on the line thus established. The main building must observe the front yard requirements for both streets.

(6)

In the case of existing through lots which are bounded on three sides by streets, all yards between the main building and a street shall be regulated as front yards unless a front, side, and rear building line have been established by plat.

(7)

If buildings along the frontage of any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which such street frontage is located, then the average setback of all buildings fronting upon such street between two intersecting streets shall establish the minimum front yard requirement. All vacant lots shall be assumed to have a minimum front yard specified for the district in computing the average front yard. These provisions shall be not interpreted as requiring a setback or front yard greater than 50 feet nor shall they be interpreted as requiring any building to observe a front yard of more than ten feet greater than the front setback observed by any building on a contiguous lot.

(8)

In all districts except CA, the distance as measured from the front lot line to the face of the building shall in no case be less than one-half the height of the building, and in no case need such distance exceed 50 feet regardless of the height of the building.

(9)

In the CA district, no front yard is required except that no structure may be erected nearer than 30 feet to the centerline of any street on which such structure fronts.

(10)

Gasoline service station pump islands may not be located nearer than 20 feet to the front property line and the outer edge of the canopy shall not be nearer than ten feet to the front property line.

(11)

Satellite dishes are prohibited in the front yard of any district. Only one satellite dish shall be permitted per lot or primary unit. Satellite dishes in any residential district shall not exceed 12 feet in diameter.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

General. Regulations governing yard requirements, as specified in section 77-52 and section 77-53, shall apply to all lots unless otherwise specified in this chapter.

(b)

Special side yard regulations.

(1)

Every part of a required side yard shall be open and unobstructed by any building except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed 12 inches into the required side yard, and a roof eave or canopy projecting not to exceed 24 inches into the required side yard.

(2)

Multiple-family dwellings shall provide a minimum side yard of 15 feet between any building face or wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding 35 feet in width may provide a minimum side yard of ten feet. Where a building wall contains no openings for windows, light or air, a minimum side yard of ten feet shall be provided between such wall and the side lot line (See appendix illustration 9 on file in the city secretary's office.) Where high-rise apartment building, exceeding three stories in height are erected in the MF-2, O or other districts permitting such construction, the side yard shall be increased one foot for each two feet the structure exceeds three stories, but no side yard shall exceed 50 feet.

(3)

On a corner lot, a side yard adjacent to a street, for a multiple-family dwelling not exceeding three stories in height, shall not be less than 15 feet and no balcony or porch or any portion of the building may extend into such required side yard except that a roof may overhang such side not to exceed four feet.

(4)

On a corner lot, used for one-family or two-family dwellings, both street exposure shall be treated as front yards on all lots platted after the effective date of the ordinance from which this article is derived, except that where one street exposure is designated as a side yard by a building line shown on a plat previously approved by the planning and zoning commission containing a side yard of ten feet or more, the building line provisions on that plat shall be observed. On lots which were official lots of record prior to the effective date of the ordinance from which this article is derived, the minimum side yard adjacent to a side street shall comply with the required side yard for the respective districts as specified in subsection (a).

(5)

A one-family attached dwelling shall provide a minimum required side yard adjacent to a side street of ten feet and no complex of attached one-family dwellings shall exceed 200 feet in length. A minimum required side yard of five feet shall be provided at the end of each one-family attached dwelling complex so that the end of any two adjacent building complexes shall be at least ten feet apart.

(6)

No side yard is specified for non-residential use in the GR, C, CA, LI or HI Districts except where a commercial, retail or industrial or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum five feet side yard shall be provided on the side adjacent to such residential district.

(7)

The minimum side yard requirements in a planned development district shall be established on the site plan or in the amending ordinance in accordance with section 77-54(b).

(8)

Side yard requirements for zero lot lines are as follows: one side must be at least ten feet, and there is no minimum on the other side.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

General. Regulations governing yard requirements, as specified in section 77-52 and section 77-53, shall apply to all lots unless otherwise specified in this chapter.

(b)

Special rear yard regulations.

(1)

In the A, ED, SF-1, SF-2, SF-3, 2F, MF-1, MF-2, NS, GR, C, CA, or LI districts, no main residential building may be constructed nearer than ten feet to the rear property line. The main residential building and all accessory building shall never cover more than 50 percent of that portion of the lot lying to the rear of a line erected joining midpoint on one side lot line with the mid-point of the opposite side lot line. For accessory building standards, see section 77-66.

(2)

In the NS, GR, C, CA, LI, or HI Districts, no rear yard is specified for non-residential uses except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any residential districts listed herein, a minimum rear yard of ten feet shall be provided.

(3)

Every part of a required rear yard shall be open and unobstructed to the sky from a point 30 inches above the general ground level of the graded lot, except for accessory buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four feet into the required rear yard.

(4)

The minimum rear yard in a PD, Planned Development District shall be established on the site plan or by the amending ordinance in accordance with section 77-54(b).

(5)

Where multifamily dwellings exceed three stories in height, a rear yard equal to one foot for each two feet in height shall be provided, except that no such rear yard shall exceed 50 feet as a result of this provision, and except that in the MF-2 and CA Districts, no rear yard exceeding ten feet shall be required where the rear wall of a residential structure contains no opening or windows for light or air.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

General. Regulations governing height limits, as specified in section 77-52 and section 77-53, shall apply to all lots unless otherwise specified in this chapter.

(b)

Special height regulations.

(1)

In all zoning districts and planned developments, water standpipes and tanks, religious facility architectural features, bell towers, domes and spires on school buildings and institutional buildings, the roofs of auditoriums and sanctuaries of one story construction, and public safety structures may be erected to exceed the district's maximum height. Side and rear yards shall be increased by two additional feet, and the front yard shall be increased by one additional foot, for each foot that such structures exceed the district's maximum height where adjacent to residential districts. The increase in the required yard shall apply only to the portion of the structure that causes the increased yard requirements.

(2)

Publicly-owned sports lighting, communication antennas or communication structures, utility poles and towers, and water tanks are exempt from height restrictions.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Use of accessory building.

(1)

In a residential zoning district, an accessory building may not be used for commercial purposes and may not be rented.

(2)

In a nonresidential zoning district, an accessory structure is a subordinate structure, the use of which is incidental to and used only in conjunction with the main structure.

(b)

Garage apartment or guest house. Accessory dwelling units (garage apartment or guest house) shall be allowed as an incidental use on the same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family when the main structure is owner occupied, and meet the following standards.

(1)

Location.

a.

A garage apartment shall be constructed attached to a garage, either above or adjacent to the garage.

b.

A guest house shall be constructed to the rear of the main dwelling, separate from that upon which the main dwelling is constructed.

(2)

Building permit requirement. An accessory dwelling unit may be constructed only with the issuance of a building permit.

(3)

Independent sale and sublet prohibited. An accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.

(4)

Setbacks. Setback requirements shall be the same as for the main structure.

(5)

Area regulations.

a.

Accessory dwelling units may not exceed a height of 35 feet, and is limited to two stories.

b.

Accessory dwelling units may not exceed 1,100 total square feet and 550 square feet on the second story, if any. The minimum allowed area of the accessory unit shall be 350 square feet.

c.

The floor area of any detached accessory structure shall not exceed 50 percent of the floor area of the principal structure. The total combined floor area of all structures shall not exceed the maximum lot coverage for the zoning district in which it is located.

(6)

Other regulations.

a.

An accessory dwelling unit shall not contain more than one bedroom, more than one kitchen, or more than one bathroom.

b.

Parking areas shall be located behind the front yard.

c.

In order to maintain the architectural design, style, appearance and character of the main building as a single-family residence, the accessory dwelling unit shall have a roof pitch, exterior façades and window proportions identical to that of the principal residence if the principal residence is a significantly important building, or either or both of the principal residence and the accessory building are situated in a historically significant area.

(c)

Height and yard requirements.

(1)

Where the accessory building is attached to a main building, it shall be subject to, and must conform to, all regulations applicable to the main building except as provided within this section.

(2)

Accessory buildings shall not be erected in any required front yard.

(3)

Carports and detached accessory buildings, except garages, shall not be located closer than three feet to any side or rear lot line.

(4)

Detached accessory buildings enclosed on three or more sides shall not be located closer than ten feet to the main building.

(5)

Garages entered from an alley shall be set back from the lot line adjacent to the alley a minimum of 20 feet.

(6)

Accessory buildings may not be placed in the required side yard setback if the side yard lot line abuts a street.

(7)

In no instance shall an accessory building be located within an easement or right-of-way.

(8)

Detached accessory buildings located in a required rear or side yard shall not exceed ten feet in height at the top plate. If the detached accessory building is located less than ten feet from the rear or side lot line, a six-foot solid fence or wall shall be built on the rear or side lot line to screen the building. No screening shall be required at the point of entry for a carport.

(d)

Carports.

(1)

In single-family and two-family developments, a carport shall shelter not more than three vehicles and shall not exceed 24 feet on its longest dimension.

(2)

Carports shall not exceed ten feet in height at the top plate. Carports must meet all other height and yard setback requirements in section 77-52 and are prohibited within the front yard setback.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2020-0114-001, § 4, 1-14-2020; Ord. No. O-2021-0323-002, § 1, 3-23-2021)

(a)

The Texas Legislature adopted House Bill 2439, which became effective on September 1, 2019, establishing V.T.C.A., Government Code §§ 3000.001—3000.005. That legislation prohibits a governmental entity from adopting or enforcing a rule, charter provision, ordinance, order, building code or other regulation - with certain specified exceptions - that:

(1)

Prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or

(2)

Establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.

V.T.C.A., Government Code § 3000.002(a). Certain of the provisions set out in this section 77-67 do not conflict with V.T.C.A., Government Code § 3000.001 et seq. However, to the extent that the foregoing legislation preempts the City's ability to enforce the following exterior construction standards, the city will not enforce these exterior construction standards. Notwithstanding the foregoing, the city reserves the right to enforce any and all of the following exterior construction standards to the extent that the city's authority is not otherwise preempted.

The following exterior construction standards requirements shall apply to any and all buildings in a "historically significant area" and any and all buildings that are a "significantly important building" which are situated within the corporate limits of the city, and as otherwise specifically noted.

(b)

Residential structures.

(1)

Exterior wall construction for residential structures shall consist of a minimum of 75 percent of the following masonry materials on the first floor and 50 percent of stories other than the first story. This coverage calculation does not include doors, windows, recessed entries, chimneys, dormers, window box-outs, bay windows that do not extend to the foundation, or any other exterior wall that does not bear on the foundation.

a.

Stone or brick laid up unit by unit and set in mortar,

b.

Cultured stone, or

c.

Three-step stucco, or

d.

An equivalent, permanent architecturally finished material with a minimum 30-year warranty period is also acceptable.

(2)

Exterior walls of chimneys, dormers, window box-outs, bay windows that do not extend to the foundation, or any other exterior wall that does not bear on the foundation, shall be constructed of masonry materials or any other sustainable material with a minimum 30-year warranty period, such as: fiber cement siding, seamless steel siding, vinyl siding with a flat or low gloss embossed finish and at least 0.04-inch thick, three-coat stucco, or EIFS. Fascia may be constructed of sustainable materials with a minimum 20-year warranty period covering the product and its coating, such as: fiber cement siding, aluminum coil with vinyl coating, cedar wood, redwood, treated engineered wood, or treated dimensional lumber. Prohibited materials include wood (except as noted above), plywood, hardwood, and untreated engineered/manufactured wood.

(3)

All main structures within the multifamily residential districts must have a minimum of 80 percent masonry on the first and second floors and 50 percent on all other floors.

(4)

Alternate materials and designs may be considered by the planning and zoning commission for meritorious exceptions in accordance with section 77-67(h).

(c)

Non-residential structures.

(1)

Except for the LI and HI districts, and as otherwise regulated by this chapter, exterior wall construction for nonresidential structures shall consist of a minimum of 75 percent masonry, three-step stucco, glass, or combination of these materials, with no single wall face of any structure containing less than 50 percent of its exposed surface of masonry construction. A maximum of ten percent of any exposed exterior wall may consist of EIFS.

(2)

No more than 80 percent of the ground floor of any exterior wall (to the first plate) shall be comprised of windows or glass. No more than 50 percent of any exterior wall above the ground floor shall be comprised of windows or glass. Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.

(3)

Reflective glass with an exterior reflectance in excess of 27 percent shall not be permitted.

(4)

Exterior Construction Standards for Central Area (CA), Neighborhood Service (NS), General Retail (GR), and Commercial (C) Districts.

a.

All non-residential buildings shall be architecturally finished on all four sides with the same materials and detailing (e.g., tiles, moldings, cornices, wainscoting, etc.).

b.

The rear façade of a building, which is not adjacent to or does not face a public right-of-way, park or residential district, shall not be required to comply with the above requirement.

c.

All entrances of a building along any street shall incorporate arcades, roofs, alcoves, porticoes and awnings that protect pedestrians from the sun and weather. Minimum awning size shall be four feet by four feet.

d.

All buildings facing a public right-of-way, park, or residential zoning district shall meet the following articulation requirements:

1.

Façade articulation of at least three feet in depth or offset shall be required for every 30 feet in horizontal surface length.

2.

Buildings greater than two stories or taller than 20 feet shall be designed to reduce apparent mass by including a clearly identifiable base, middle, and top, with horizontal elements separating these components.

3.

A well-defined cornice or fascia shall be located at the top of the storefront and at the roofline.

(5)

All buildings and structures in the Central Area (CA) District shall be of exterior fire resistant construction, having 100 percent of the total exterior walls, excluding doors and windows, be constructed of brick, stone, or brick veneer.

(6)

In the LI—Light Industrial District and the HI-1—Heavy Industrial-1 District any exterior wall visible from a public thoroughfare or residential zoning district must be of 100 percent masonry, exclusive of doors and windows.

a.

Up to 100 percent of any exposed exterior wall may consist of metal if the exterior wall is not visible from a public thoroughfare or residential zoning district.

(7)

Procedure for determining alternative exterior materials.

a.

Exceptions to the material requirements may be permitted on a case by case basis.

1.

All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the planning and zoning commission for approval.

b.

The planning and zoning commission may approve an alternative exterior material if it is determined it is equivalent or better than masonry according to the criteria listed in section 77-67(b).

c.

Consideration for exceptions to the above requirements shall be based only on the following:

1.

Architectural design and creativity;

2.

Compatibility with surrounding developed properties.

(d)

Accessory structures.

(1)

Exterior façades. Any accessory building or storage building that is greater than 200 square feet in floor area which is allowed under this chapter shall be of like appearance to the primary building.

(2)

Exceptions to exterior façades.

a.

Any accessory building or storage building that is 200 square feet or less in area, which is allowed under this chapter, may be constructed of materials having a different appearance from the primary building provided that the building shall be the same color as the primary building.

b.

Fiber cement siding may be used to fulfill masonry requirements for an accessory structure or structure of 200 square feet or less in a single family or two family district.

c.

Metal or wood may be used as an exterior construction material for an accessory structure or structure of 120 square feet or less in a single family or two family district.

d.

Fiber cement siding may be used to fulfill masonry requirements for structures accessory to an existing structure constructed entirely of wood or vinyl siding.

e.

In nonresidential districts, accessory structures with pervious roofs (e.g., pergola) may be constructed of Cedar, Douglas Fir, or other material impervious to rotting, provided masonry, matching the material of the primary building or structure, wraps around the base of each column for a minimum three feet above grade.

(3)

Foundation requirements.

a.

Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure.

b.

Foundation requirements for detached accessory buildings (except barns) are as follows:

1.

Buildings 200 square feet and less. The building may be placed on the ground without a foundation provided that the building is anchored to the ground. This must be done to resist wind loads.

2.

Buildings greater than 200 square feet. The building shall have a permanent foundation in accordance with the current city building codes, the plans for which shall be prepared and sealed by a professional engineer licensed by the state. Foundations higher than 12 inches above ground level shall be required to have a foundation fascia consisting of the same material that covers the exterior wall directly above the foundation, so that no more than 12 inches of the foundation is exposed.

(e)

Prohibited exterior materials. The following materials and products shall not be used for exterior walls or exterior accents, unless otherwise permitted by this article: metal panels, wood siding, Masonite, particle board, stucco foam insulation systems, and aluminum siding.

(f)

Roofing requirements.

(1)

The implied visible purpose of the roof form is to perform those functions associated with a roof. That is to provide sunshade or shed water. A roof, which exists only to conceal mechanical equipment, is not allowed. The guidelines for roofs are as follows:

(2)

Roof massing. Roofs (pitched or flat) shall be massed with an orderly sequence of subordinate roofs extending from a dominant roof mass. Where more complex building design creates multiple roof forms, there shall be a logical relationship of the roof composition. Single roof forms, other than flat roofs, which articulate the entire plate size of the structure, are not allowed. It is the intent of this guideline to encourage roof forms (other than flat roofs) with compositional components rather than the entire mass of the structure itself. When pitched roof forms are used in conformance with these guidelines, roof forms must be simple hipped or gable roofs. This guideline is not meant to limit the use of flat roofs in subordinate mass situations and where such a roof is necessary to attain an appropriate perception of span. A flat roof shall be concealed behind a parapet (or an extension of the wall plane).

(3)

Roof projections. No plumbing stacks, venting stacks or roof mounted attic ventilators (except gable and or dormer vents) shall penetrate the roof surfaces facing the street. Roof projections must be mounted straight and perpendicular to the ground plane and be painted to blend with the roof color. Roof projections and HVAC equipment mounted on the roof shall be screened from view and shall not be visible from any streets abutting or adjacent to the structure.

(4)

Roof span. Care must be taken in the design of new development to create (or give the illusion of) spans that are compatible with pedestrian scaled development and residential uses. Roof spans should not be larger than 45 feet unless a dominant span (larger in size) is made more complex and obscured by subordinate roof masses extending from it.

(5)

Flat roofs. Flat roofs shall include parapets that adhere to articulation requirements for the main face of the structure. The average height of the parapet shall not exceed 15 percent of the height of the supporting wall, unless rooftop equipment cannot be sufficiently screened. A three-dimensional cornice treatment is encouraged for parapets. Parapets shall look complete from all sides if visible at any distance from the ground. Parapets shall be constructed of the same material as the primary façade.

(6)

Roof pitch. Pitched roofs shall have a minimum pitch of 6:12 for all structures save and except to the extent specifically provided otherwise in this subsection (f). This requirement excludes roofs for entries and dormers.

(7)

Sloped roof materials. Sloped roof materials shall be one of the following:

a.

Metal R panel;

b.

Natural slate;

c.

High quality clay or concrete tile (including such slate like products as Hardislate or equal) in warm darker gray or dark earth tone color range;

d.

High quality composition shingle with a 30-year warranty with a gray, dark chocolate, or weathered blend color or other dark color;

e.

All roof colors shall be limited to a Verde, dark bronze or naturally weathered or earth tone color.

(8)

Flat roofs may be constructed of any industry-standard material, unless prohibited by this section.

(9)

Wood shingles, corrugated metal, tar paper, and brightly colored asphalt shingle roof materials are prohibited on all roof types. Corrugated metal roofs on non-residential structures within the downtown historical area of the city shall be allowed.

(10)

A pitched roof with a minimum 6:12 pitch shall be required on at least 75 percent of the roof of each single-family and two-family dwelling.

(11)

All single-family and two-family dwellings erected after the adoption of the ordinance from which this section is derived shall be required to have a pitched roof with a minimum 6:12 pitch on at least 75 percent of the roof.

(12)

Detached garages, sheds, porticos and accessory structures on the same lot as a single-family or two-family dwelling shall have a minimum 6:12 pitched roof unless the existing single-family or two-family dwelling on the lot has a roof pitch other than 6:12, in which event the roof pitch of any detached garages, sheds, porticos and accessory structures shall match the roof pitch of the single-family or two-family dwelling.

(g)

Foundation requirements.

(1)

All single-family and two-family dwellings shall have a permanent foundation the plans for which shall be prepared and sealed by a professional engineer licensed by the state. Foundations higher than 12 inches above ground level shall be required to have a foundation fascia consisting of the same material that covers the exterior wall directly above the foundation, so that no more than 12 inches of the foundation is exposed.

(h)

Limited waivers for expansion or reconstruction of existing buildings'. The planning and zoning commission may, upon request by the applicant, authorize a waiver from specific requirements for exterior materials set out in section 77-67, if:

(1)

Strict compliance with these standards would result in significantly inconsistent appearance between existing and proposed sections of the building; or,

(2)

If the proposed expansion or reconstruction has been mandated as a condition to the applicant's ability to continue operating a franchise, or license, to conduct business in the existing building; and

(3)

The expansion or reconstruction does not increase the square footage of the existing building by more than 50 percent; and

(4)

The applicant proposes the use of high quality materials in the expansion or reconstruction of the existing building that significantly improve the quality and appearance of the existing building.

(5)

The applicant shall submit detailed information to the city manager as required in subsection (g) regarding meritorious exceptions. The city manager shall review the application, prepare a report of findings and refer the request for a waiver to the planning and zoning commission for a decision according to procedures outlined in subsection (g). The applicant may appeal the decision of the planning and zoning commission to the city council according to the procedures outlined in subsection (g) regarding meritorious exceptions.

(i)

Meritorious exception. It is not the intent of this section to discourage innovation. An architectural and site design that does not conform with the specific requirements of this section, but which has merit by making a positive contribution to the visual environment and which is appropriate to the site and use, may be submitted for consideration as a meritorious exception. Such proposals shall be fairly and seriously considered by the planning and zoning commission through the approval process outlined in this section.

(1)

An applicant for a meritorious exception shall submit:

a.

All items required for the review of required architectural and site standards;

b.

A written description of the nature of the meritorious exception and the compelling reasons that prevent the applicant from meeting the minimum standards set forth herein; and

c.

Color renderings of all elevations.

(2)

The application for a meritorious exception shall be reviewed by the city manager and a report of findings shall be prepared and submitted to the planning and zoning commission. If the applicant is not in agreement with the decision of the planning and zoning commission, the applicant may, within 21 days of the planning and zoning commission action, request in writing to the city manager that the meritorious exception be appealed to the city council. Prior to consideration of an application for a meritorious exception, the planning and zoning commission shall hold a public hearing, with notice given according to the procedure for a change in a zoning district location or boundary. In considering the request, the planning and zoning commission shall consider the following factors in determining the extent of any exception granted:

a.

The extent to which the application meets other specific standards of this article;

b.

The extent to which the application meets the spirit and intent of this article through the use of building materials, colors, and façade design to create a building of exceptional quality and appearance;

c.

The positive or negative impact of the proposed project on surrounding property use and property values, in comparison to the expected impact of a project, which could be built in conformance with the standards of this article; and

d.

The extent to which the proposed project accomplishes city goals as stated in the comprehensive plan or other approved document.

e.

A meritorious exception shall not be granted to serve solely as a convenience to the applicant, or for reasons related solely to economic hardship.

(j)

Variances. When a property owner can show that a strict application of the terms of this article relating to architectural or site standards will impose upon him unusual and practical difficulties or particular hardship, including instances where an applicant has previously built in strict conformance with approved architectural and site standards plans and such approval was erroneously granted by the city manager or his designee, a variance from the strict application of this section may be granted by the board of adjustment; provided that:

(1)

The variance requested is in harmony with the general purpose and intent of this section;

(2)

The board of adjustment is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate a demonstrable and unusual hardship or difficulty; and

(3)

The board of adjustment is satisfied that there will be no adverse impact on surrounding property.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2020-0114-001, § 5, 1-14-2020; Ord. No. O-2021-0323-002, § 2, 3-23-2021; O-2021-0413-001, § 8, 4-13-2021)

(a)

Allowed zoning districts.

(1)

Open storage is permitted as a primary use only in the LI and HI districts.

(2)

Open storage and outside display are permitted as accessory uses to a primary use on the same lot in the A, NS, GR, C, CA, LI, and HI districts.

(3)

Open storage and outside display are prohibited in all residential districts.

(b)

Allowed locations for open storage and outside display. Open storage and outside display of goods, materials, merchandise, or equipment shall:

(1)

Be screened as required in section 77-69, unless placed in accordance with subsection (c).

(2)

Not be located within any required front, side, or rear yard setback.

(3)

Not be located within parking spaces, fire lanes, maneuvering aisles, or customer pick-up lanes.

(4)

Not obstruct visibility or interfere with pedestrian or vehicular circulation. If the items are placed on a sidewalk or other pedestrian area, a six-foot wide pedestrian path shall be maintained through or adjacent to the outside display area. The pedestrian path must be concrete or asphalt and may not be located within off-street parking areas, including parking spaces, fire lanes, maneuvering aisles, and customer pick-up lanes.

(5)

Nothing in this article shall prohibit temporary open storage of merchandise for display and sale during a sidewalk sale. A four-foot wide clearance shall be provided along the public sidewalk and a six-foot wide clearance shall be provided on the sidewalk around the building.

(6)

Be placed on an asphalt or concrete surface. In an industrial zoned district, open storage items, except vehicles, may be placed on a gravel surface. For freestanding garden center uses, when developed as the primary use of a lot, open storage items may be placed on a gravel or other permeable surface.

(7)

Be immediately adjacent to the building when in an A, NS, GR, C, or CA district.

(8)

Not be located on the roof of any structure.

(9)

Not exceed five percent of the lot area or 20 percent of the main building gross floor area, whichever is more restrictive, in the NS, GR, C, CA districts. For freestanding garden center uses, when developed as the primary use of a lot, the area for open storage may be increased to a maximum of 50 percent of the lot area.

(c)

Exceptions to screening requirements.

(1)

No screening is required for open storage and outside display of goods, materials, merchandise, or equipment as an accessory use if placed in an area not more than five feet from the front building face, as designated by the main entrance and not stacked to exceed four feet in height.

(2)

Screening is not required for items placed on a gasoline pump island that do not exceed three feet in height.

(3)

Parked self-propelled vehicles or trailers shall not constitute open storage or outside display, except when staged, parked, or stored at collision, towing, auto storage, mini-warehouse, auto repair, or wrecker service.

(4)

The planning and zoning commission may waive these requirements if no public purpose would be served by the construction of a required screen, or natural features (i.e. vegetation or topography) exist that sufficiently screen the open storage.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Screening walls or visual barriers.

(1)

In the event that a nonresidential or multi-family district sides or backs upon a single- or two-family residential district, or in the event that any nonresidential district sides or backs to a multifamily district, a solid screening wall or fence of not less than six nor more than eight feet in height shall be erected along the entire property line separating these districts, except where visibility triangles or easements are required. The purpose of the screening wall or fence is to provide a visual barrier between the properties. The owner of such property shall be responsible for and shall build the required wall or fence along the entire property line dividing his property from the residential district. In cases where the planning and zoning commission finds this requirement to be impractical for immediate construction, it may grant a temporary or permanent waiver of the required screening wall or fence until such time as the screening wall or fence may be deemed necessary by the city council. In cases where the planning and zoning commission finds this requirement to be better met by an irrigated living screen, the same may be substituted for the screening wall. Evergreen shrubs used for a landscape screen shall be placed so as to create at least a six-foot tall solid screen within two years of their installation. All landscaping shall be irrigated with an automatic sprinkler system and maintained in a healthy and growing condition.

(2)

Any screening wall or fence authorized by or required under the provisions of this section shall be constructed of:

a.

Brick masonry, stone masonry, or other architectural masonry finish;

b.

Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of 20 feet on center with structural supports spaced every ten feet, and with sufficient evergreen landscaping to create a screening effect;

c.

Alternate equivalent screening, upon approval by the planning and zoning commission and/or city council, depending on which body has the final approval authority as indicated through the site plan process; or

d.

A six-foot-tall living plant screen, upon approval by the planning and zoning commission and/or city council, depending on which body has the final approval authority as indicated through the site plan process and which living plant screen meets the following requirements:

1.

The plant material shall be evergreen shrubs of a density that will not permit through-passage;

2.

The plant material shall be acceptable for a six-foot-tall living plant screen;

3.

The plant material shall be a minimum of three feet in height when measured immediately after planting and shall be planted no further apart than three feet on center, unless otherwise approved by the city manager;

4.

The plant material shall be maintained so as to form a continuous, unbroken, solid visual screen that exhibits the same year-round screening characteristics as a solid brick/masonry screening wall; and

5.

The plant material shall be at least six feet tall within two years after time of planting.

(3)

No fence, screen, wall, or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street or drive intersection.

(4)

Where an alley intersects with a street, no fence or plant taller than 30 inches may be placed within a sight visibility triangle defined by measuring eight feet to a point along the property lines and joining said points to form the hypotenuse of the triangle.

(5)

All required screening walls shall be equally finished on both sides of the wall.

(6)

All openings in the surface for passage shall be equipped with gates equal in height and screening characteristics to the fence or wall.

(7)

Prior to the issuance of an occupancy permit, all approved screening devices must be in place.

(8)

All screening devices shall be permanently and continually maintained in a neat and orderly manner as a condition of use. The occupancy permit may be revoked by the city manager for failure to adequately maintain such screening device.

(9)

Screening devices shall be placed and maintained in the following locations:

a.

All wrecking yards, junkyards, or salvage yards shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent residential property.

b.

Loading docks or structures, bays, and bay doors shall be screened from view from the public right-of-way, from adjacent residential property, and from adjacent non-residential property, other than industrial. The required screening device adjacent to a non-residential property, other than industrial, may be waived with site plan approval if it is determined that the location of the proposed loading docks, bays or bay doors in relation to the adjacent development's site layout is not detrimental. Bays in any retail district or retail PD district shall be oriented away from the street frontage.

c.

Display of new vehicles, or used vehicles not defined as junked vehicles under this chapter, need not be screened if they are, in the opinion of the city manager, maintained in a neat and orderly manner.

d.

At motor vehicle service or repair facilities or automotive paint and body repair shops, vehicles awaiting repair for more than 24 hours or after the close of business shall be screened from view from public right-of-way and from adjacent residential property. Parking spaces used for the overnight storage of vehicles awaiting repair must be screened in accordance with the requirements of this section.

e.

Parking lots shall meet the screening requirements of this section.

f.

The foregoing requirements shall be in addition to all other screening requirements set out in this chapter.

(b)

General fence and wall regulations. In any zoning district where a wall, fence, or screening separation is erected and is not required under the provision of subsection (a), the following standards shall apply:

(1)

The maximum height of a fence or wall in a required front yard shall not exceed 40 inches and shall be at least 50 percent open in construction. Combinations of berms and fences shall not exceed 40 inches in height. Allowed exceptions to the height limitations in this section are as follows:

a.

For public and parochial schools, private and primary schools, and day care centers, fences and berms may be a combined maximum height of 60 inches above grade, provided that the fence material is wrought iron or chain link.

b.

A wall or fence not more than eight feet in height may be erected in the front yard setback of multifamily, independent living facility, assisted living facility, long-term care facility, or continuing care facility. The wall or fence construction must be at least 50 percent open.

c.

For all uses within the LI, HI-1 and HI-2 districts, a wall or fence not more than eight feet in height may be erected in the front yard setback.

(2)

Any fence or wall located to the rear of the front yard setback shall not exceed eight feet in height above the grade of the adjacent property or eight feet when placed on a retaining wall. Walls that screen loading docks, loading spaces, and ground-mounted mechanical units may exceed eight feet in height if necessary for adequate visual screening.

(3)

No fence, screening wall, or other visual barrier shall be located or placed so that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. At all street intersections clear vision shall be maintained across the lot for a distance of at least 15 feet back from the property corner along both streets.

(4)

A fence or screening device is required for residential property abutting a minor thoroughfare or local street.

(5)

A fence or screening device is required for residential property abutting a major thoroughfare or arterial highway. This screening fence must be fabricated of masonry or tubular steel.

(6)

Privacy fences on single-family and two-family residential lots.

a.

This section applies to replacement of residential fences or construction of new fences. A fence permit is required when more than 50 percent of the length of the fence along a property line is being replaced.

b.

Height shall not exceed eight feet as measured from the highest adjacent grade within ten feet of the fence.

c.

Approved materials:

1.

Masonry (brick, stone, reinforced cement concrete) or any other sustainable material with more than a 30-year life expectancy;

2.

Ornamental metal rail fencing;

3.

Cedar and redwood;

4.

Composite fencing;

5.

Vinyl fencing in flat white or flat natural tone colors such as rust or tan; and,

6.

Other wooden picket fences, only if constructed with metal posts, metal brackets, and metal caps. Chemically pre-treated wooden horizontal members shall be at least two inches by four inches.

d.

Prohibited materials:

1.

Chain link;

2.

Sheet, roll, or corrugated metal; and,

3.

Cast off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence.

e.

An existing chain link fence may be replaced with a new chain link fence or be replaced with an approved material. If the existing fence is not chain link, the fence may be repaired with the existing material or an approved material.

f.

When any stockade fence or other screening device, whether required or not, is located on a lot adjacent to a public street, said fence or screening device shall orient the side with exposed posts or rails away from view from the adjacent public street.

g.

Where a corner lot has two front yards as required by this chapter, and a house is constructed facing one of the front yards, the second front yard may be fenced in the same manner as any other side yard adjacent to a street. The fence shall have a corner clip on an angle beginning at the intersection of the front yard setback with the lot line and ending at a point on the street right-of-way located a minimum of 15 feet from the lot line.

(7)

Fences in front yard setback on single-family and two-family residential lots.

a.

Up to four-foot open design fence consisting of wrought-iron, tubular steel, picket or similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50 percent in density may be erected on property within the minimum required front yard, platted front yard, established front yard projected front yard of one-family and two-family residential dwellings.

b.

No solid fences and walls are permitted in the required front yard, projected front yard or platted yard of one-family and two-family residential dwellings.

(8)

Fence arms and barbed wire are only allowed in the LI and HI districts and may not extend over property lines. Barbed wire, if used, must be attached to the fence arms.

(9)

Wire fences are prohibited in the front yard setback in all districts, except when the fence is used to enclose pastures, cropland, and other areas used for agricultural activities.

(10)

All fences, walls, screening walls, and other visual barriers require permits.

(c)

Mechanical screening requirements.

(1)

Mechanical and heating and air conditioning equipment in nonresidential and multifamily uses shall be screened from view from the public right-of-way and from adjacent residential property.

(2)

In all nonresidential developments, roof-mounted mechanical units shall be screened from view at a point of five and one-half feet above the property line with a parapet wall, mansard roof, or alternative architectural element. The height of the screening element shall be equal to or greater than the height of the mechanical unit provided that the element shall not extend more than five feet above the roof on a one or two-story building or more than 13 feet above the roof on a building of three or more stories. A mechanical unit which is taller than the maximum permitted height of the screening feature shall be set back from the screen five feet plus two feet for each foot it exceeds the height of the screen. Screening for mechanical units shall apply to new building construction only.

(d)

Requirements for refuse and recycling containers and compactors.

(1)

Garbage, trash, sanitation, refuse, or recycling containers including, but not limited to, dumpsters and trash compactors (collectively "dumpsters") shall be screened on all sides. Screening materials shall be masonry and the same color as the exterior walls of the main structure. A solid metal gate shall be provided. Dumpsters shall not be located in front of the main building unless no other option is available. Gates shall be kept closed except when in use for access.

(2)

Dumpster container enclosures shall be subject to the following design specifications.

a.

Single container enclosures shall be a minimum of 12 feet wide by 12 feet deep, as measured from the inside of the enclosure's walls.

b.

Double container enclosures shall be a minimum of 25.5 feet wide by 12 feet deep, as measured from the inside of the enclosure's walls.

c.

Trash compactor enclosures and all other enclosure types shall be constructed to the minimum specifications provided by the city's official garbage and refuse contractor.

d.

All enclosure types shall be required to provide a minimum of 40 feet of straight backing, as measured from the front gates of the enclosure, to accommodate a sanitation truck's maneuverability. If special circumstances prevent straight backing from being provided, the city manager shall have the authority in consultation with the city's official garbage and refuse contractor to approve angled or alternative backing movements.

e.

All enclosure types shall be required to provide a 24-foot vertical clear zone, unless otherwise approved by the city manager.

(3)

Refuse, recycling, and compactor enclosures or area allocated for future refuse and recycling enclosures shall be identified on preliminary site plans and site plans. Refuse containers, recycling containers, and/or compactors shall not be added to existing sites and/or to site plans approved for future development without submittal and approval of a revised site plan.

(4)

Compactors, where provided, shall be enclosed on three sides with masonry wall construction finished to match the main building. Compactors shall not be screened by concealed placement. The minimum height of the enclosure shall be eight feet. Metal swinging gates of a height equal to the enclosure height shall be provided for the truck collection side of the compactor enclosure. The interior dimensions of the compactor enclosure shall provide for three feet of clearance between the compactor and enclosure walls or gates.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; O-2021-0413-001, § 9, 4-13-2021)

(a)

General.

(1)

Except as otherwise provided for in this article, off-street parking shall be provided as follows:

a.

In all districts except CA, in connection with every business, institution, recreational, residential, manufacturing, research laboratory, public building, or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces, in accordance with the requirements set forth in subsection (c).

b.

In all districts except CA, there shall be provided, at the time any use is changed, off-street parking spaces in accordance with the requirements set forth in subsection (c).

(2)

Off-Street loading shall be provided in accordance with subsection (f).

(3)

Following are parking requirements for new or unlisted uses:

a.

Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar listed use.

b.

Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to subsection (h), or where uncertainty exists, the minimum off-street parking requirements shall be established by the same process as provided in section 77-47 for classifying new and unlisted uses.

(b)

Offsite parking. Offsite, off-street parking space may be permitted with site plan approval in any district subject to all of the following requirements:

(1)

That a permanent and irrevocable easement of the parking facilities in favor of the premises to be benefited thereby shall be dedicated and recorded as a condition of such use.

(2)

That the nearest point of the premises utilized for such parking spaces shall be not more than 300 feet in a straight line from the nearest point of the premises to be benefited thereby.

(3)

No such parking space may be located on the same lot as a residential dwelling.

(c)

Off-street parking schedule.

(1)

The minimum required number of off-street parking spaces shall be in accordance with the parking schedules and ratios that follow this section. Where calculation in accordance with following results in requiring a fractional space, any fraction less than one-half shall be disregarded, and any fraction of one-half or more shall require one space.

(2)

Parking space schedule for residential uses.

(3)

Parking space schedule for nonresidential uses.

(4)

Parking space schedule for other nonresidential uses not listed in subsection (d).

(5)

In addition to the required off-street parking identified in this section, accessible parking shall be provided for multi-family and all non-residential uses in accordance with the Americans with Disabilities Act and the Texas Accessibility Standards.

(d)

Special off-street parking regulations. The following special off-street parking regulations shall apply:

(1)

In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building for development.

(2)

In the ED, SF-1, SF-2, SF-3, 2F, MF-1, MF-2, and NS Districts, no parking space, garage, or carport or other automobile storage space or structure shall be used for the storage of any truck, truck trailer, or vans except for panel and pickup trucks not exceeding a one-ton capacity.

(3)

Floor area of a structure devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use.

(4)

No off-street parking space shall be located so as to permit any part of a parked vehicle to extend across the property line nor shall any portion of a parked vehicle be located so as to be nearer than ten feet to any street curb. Physical barriers shall be installed on all off-street parking areas to ensure that the above dimensions are maintained.

(5)

In the NS, GR, C, CA, LI, and HI Districts, parking areas and driveways will be six inch minimum reinforced concrete, 3,600 PSI. Loading docks will be six inch concrete with No. 4 rebar, 3,600 PSI. The zoning administrator may approve the use of a porous paving system or other materials.

(6)

All permanent parking areas and loading berths, whether required or provided in addition to the requirements of this section, shall have an all-weather surface, and shall be connected by an all-weather surfaced driveway to a street or alley.

(7)

Residential parking standards.

a.

An enclosed two-car garage is required for all single-family detached, single-family attached, and duplex dwellings. The garage must be a minimum of 390 square feet in area.

b.

Only one carport may be allowed as long as it falls within the building setback lines for garages and within the impervious surface requirements for the respective zoning district and sit on a concrete pad sized for the area. A building permit is required to install the carport.

c.

Required parking must be paved concrete. The zoning administrator may approve the use of a porous paving system or other materials.

(e)

Stacking requirements for drive-through facilities. The following standards shall apply to businesses that contain a drive-through establishment, regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine).

(1)

Location of stacking lanes and use of audible electronic devices.

a.

Stacking lanes shall not be located between the building and the street rights-of-way.

b.

Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be audible beyond the property line of the site.

c.

No service shall be rendered, deliveries made, or sales conducted within the required front yard or corner side yard; customers served in vehicles shall be parked to the sides and/or rear of the principal building.

d.

All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.

(2)

Stacking space and lane requirements.

a.

A stacking space shall be a minimum of nine feet in width and 20 feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area.

b.

The number of required stacking spaces shall be as provided in accordance with the following schedule:

c.

A single stacking space shall be provided after the final window, order board, or stopping point to allow vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or maneuvering aisle.

d.

An escape lane shall be provided for any use containing a drive-through facility.

1.

An escape lane shall be nine feet in width and shall provide access around the drive-through facility.

2.

An escape lane may be part of a circulation aisle.

(f)

Off-street loading.

(1)

Except in the CA District, all structures for retail, commercial, industrial and service establishments shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet by 45 feet, and such spaces or berths shall be provided in accordance with the following schedule:

(2)

For hotels, office buildings, restaurants and similar establishments, off-street loading facilities shall be provided in accordance with the following schedule:

(3)

Trucks may not be parked on public streets, alleys, or adjacent private property for the purpose of receiving or loading merchandise, supplies or materials to or from a business entity.

(4)

Loading docks must be located on the side or at the rear of a building.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Purpose. It is the purpose of this section to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the city.

(b)

Scope. The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction or any existing development, which is altered by increasing the floor area by 30 percent or more of the originally approved floor area, either by a single expansion or by the cumulative effect of a series of expansions.

(1)

All existing structures, which are a conversion or change in use requiring the expansion of or significant improvements to meet parking standards shall upgrade landscaping on the site and meet these requirements to the extent practical. The planning and zoning commission shall have the ability to waive landscape requirements on a case-by-case basis if unique circumstances exist on the property that makes application of these regulations unduly burdensome on the applicant. Requested waivers of specific portions of these regulations may be granted only if there will be no adverse impact on current or future development and will have no adverse impact on the public health, safety, and general welfare.

(2)

Uses within the downtown CA—Central Area District shall be exempt from the landscape requirements set forth herein, unless it is determined by the city manager that these standards are achievable and would contribute to the historic appearance and/or qualities that are inherent to the district.

(c)

Enforcement. The provisions of this section shall be administered and enforced by the city manager or his designee.

(1)

If, at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria as approved on the landscape plan, the city manager shall issue notice to the owner, citing the violation and describing what action is required to comply with this section.

(2)

The owner, tenant, or agent shall make reasonable progress within the first 30 days from the date of said notice to restore the landscaping as required and shall have a total of 90 days to completely restore the landscaping as required.

(3)

Two 30-day extensions may be granted by the city manager upon the applicant's request if a hardship due to extreme seasonal conditions can be demonstrated by the owner, tenant, and/or agent.

(4)

If the landscaping is not restored within the allotted time, such person shall be in violation of this section.

(d)

Permits.

(1)

No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the city manager or his designee. In the event that the proposed development requires an approved subdivision plat, site plan, or development plan, no final approval shall be granted unless a landscape plan is submitted and approved.

(2)

Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan and a digital copy of the landscaping as installed shall be provided to the planning department for permanent record.

(3)

In any case in which a certificate of occupancy is sought at a season of the year in which the city manager determines that it would be impractical to plant trees, shrubs, or grass, or to lay turf, a certificate of occupancy may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed, provided the applicant deposits cash in an escrow account with the city in the amount equal to 120 percent of the estimated cost of installing such landscaping which escrow will remain in effect until the landscape plan is installed and accepted or approved by the city. Such escrow deposit shall be conditioned upon the installation of all landscaping required by the plan within six months of the date of the application and shall give the applicant the right to draw upon the escrow deposit to complete the said landscaping.

(4)

Failure to timely install the landscaping required by the landscape plan within six months of the date of the application shall be deemed a violation of this chapter and the certificate of occupancy may be revoked without liability to the city. The city manager shall have the right to determine the landscaping required at the time the certificate of occupancy is issued.

(e)

Landscape plans. Prior to the issuance of a building, paving, grading or construction permit for any use other than uses within the downtown CA—Central Area District, a landscape plan shall be submitted to the city for approval. The city manager or a designee shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscape plans shall be prepared by a landscape architect or landscape contractor who belongs to a bona fide nurseryman's association. Landscape plans shall, at a minimum, contain the following information:

(1)

Minimum scale of one-inch equals 50 feet or the same scale as the associated site plan;

(2)

The location, size, and species of all trees to be preserved and planted — tree stamps shall not be used unless they indicate the true size and location of trees;

(3)

The location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), or other landscape features;

(4)

The species, size, spacing and quantities of all plant material to be used in a tabular form;

(5)

An affidavit on the plan stating that all required landscape areas shall be provided with an automatic underground irrigation system with rain and freeze sensors and evapotranspiration (ET) weather based controllers and said irrigation system shall be designed by a qualified professional and installed by an irrigator licensed by the state;

(6)

Layout and description of irrigation, sprinkler or water systems including placement of water sources;

(7)

Description of maintenance provisions for the landscape plan;

(8)

The person responsible for the preparation of the landscape plan, including affidavit of their qualifications to prepare said plan;

(9)

The mark indicating north;

(10)

The date of the landscape plan, including any revision dates;

(11)

The planting details percentage of total site in permanent landscaping;

(12)

The percentage of street yard in permanent landscaping;

(13)

The dimensions of all landscape areas;

(14)

The number of required trees and number of trees provided;

(15)

The location of all existing and planned overhead and underground utilities shall be shown on the landscape plan or on an accompanying utility plan drawn at the same scale, if necessary for clarity; and

(16)

Additional information as deemed necessary to adequately evaluate the landscape plan.

(f)

Maintenance. The owner, tenant and his or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing of grass six inches or higher, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size within the time period provided by subsection (c).

(g)

General standards.

(1)

The following criteria and standards shall apply to landscape materials and installation. For the purposes of this section, the term caliper shall be defined as the diameter measurement of a tree trunk.

a.

Quality. Plant materials used in conformance with the provisions of his section shall conform to the standards of the American Standards for Nursery Stock, or their equal. Grass seed, sod and other material shall be clean and free of weeds and noxious pests and insects.

b.

Ornamental trees. Trees referred to in this section shall be chosen from the approved plant palette located in Table 1. Trees shall have an average spread or crown of greater than 15 feet at maturity. Trees having lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet of crown width. At time of planting, ornamental trees shall be approximately two inches in caliper, measured six inches above the ground, and a minimum of six feet in height.

c.

Canopy trees. Canopy trees shall have a minimum spread of crown of 25 feet at maturity. Canopy trees shall be a minimum of two inches in caliper as measured six inches above the ground and eight feet in height at the time of planting.

d.

Shrubs. Shrubs not of the dwarf variety shall be a minimum of one-foot in height when measured immediately after planting and shall be chosen from the approved plant palette located in Table 1. Shrubs acceptable for six-foot screening, where installed, shall be a minimum of three feet in height when measured immediately after planting and shall be planted no further apart than three feet on center unless otherwise approved by the City Manager, and maintained so as to form a continuous, unbroken, solid visual screen which will be six feet high within two years after time of planting.

e.

Hedges. Hedges where installed for buffering or screening purposes shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be three feet high within one years after time of planting.

f.

Evergreen vines. Evergreen vines not intended as ground cover shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified herein and as approved by the city manager. Vine material shall be chosen from the approved plant palette located in Table 1.

g.

Ground cover. Ground cover used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. Groundcover material shall be chosen from the approved plant palette located in Table 1.

h.

Lawn grass. Grass areas may be sodded, plugged, sprigged, hydro-mulched, or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion. Grass areas shall be established with 100 percent coverage and 70 percent density with an approved perennial grass prior to the issuance of a certificate of occupancy.

i.

Credit for existing trees. Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the city manager, be credited as two trees to meet the minimum requirement.

(2)

All required landscape areas shall be provided with an automatic underground irrigation system, except for required landscaping in single-family or two-family developments. Any new irrigation system installed on or after September 1, 2007, must be equipped with rain and freeze sensors and an evapotranspiration (ET) weather based controller. Said irrigation system shall be designed by a qualified professional and installed by a licensed irrigator after receiving a permit, as may be required under the construction code. Irrigation systems shall comply with the city's water conservation ordinance as it exists or may be amended.

(3)

Earthen berms shall have side slopes not to exceed three feet of horizontal distance for each one foot of height. All berms shall contain necessary drainage provisions, as may be required by the city manager.

(4)

No tree shall be planted closer than four feet to a right-of-way line nor closer than eight feet to a public utility line (water or sewer), unless no other alternative is available. Further, a landscape area in which trees are to be provided shall not conflict with a utility easement, unless no alternative is available.

(5)

No tree that has a mature height of 25 feet or greater shall be planted beneath an existing or proposed overhead utility line. Where canopy trees are required adjacent to or underneath overhead utility lines, ornamental trees (approximately two inches in caliper as measured six inches above the ground) shall be provided instead of the required canopy trees.

(6)

All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

(h)

Minimum landscaping requirements.

(1)

For all non-residential and multiple family parcels, at least 15 percent of the street yard shall be permanent landscape area. The term street yard shall be defined as the area between the front property line and the minimum front set back line.

(2)

For all non-residential and multiple family parcels located at the intersection of two dedicated public streets (rights-of-way), a 30-foot corner clip shall be provided adjacent and parallel to the right-of-way dedication as a landscape buffer, which can be counted toward the 15 percent requirement.

(3)

For all non-residential and multiple family parcels, a minimum of ten percent of the entire site shall be devoted to living landscape, which shall include grass, ground cover, plants, shrubs, or trees.

(4)

For all non-residential and multiple family parcels, developers shall be required to plant one canopy tree per 40 linear feet, or portion thereof, of street frontage. These required trees must be planted within the associated landscape setback along thoroughfares, unless otherwise approved by the city manager or his designee. Trees may be grouped or clustered to facilitate site design.

(5)

Landscape areas within parking lots must be at least one parking space in size (162 square feet).

(6)

No landscape area counting toward minimum landscaping requirements shall be less than 25 square feet in area or less than five feet in width.

(7)

For all non-residential and multiple family parcels, internal landscape areas shall:

a.

Have a landscaped area with at least one tree within 65 feet of every parking space; and

b.

Have a minimum of one tree planted in the parking area for every 10 parking spaces within parking lots with more than 20 spaces.

(8)

Within parking lots, landscape areas with curbs and gutters must be provided to define parking areas and assist in clarifying appropriate circulation patterns.

(9)

A landscape island shall be located at the terminus of each parking row, and should contain at least one canopy tree.

(10)

All existing trees that are to be considered for credit shall be provided with a permeable surface (a surface that does not impede the absorption of water) within a minimum five-foot radius from the trunk of the tree. All new trees shall be provided with a permeable surface within a minimum two and one-half-foot radius from the trunk of the tree.

(11)

At least 75 percent of the frontage of parking lots, adjacent to a public right-of-way, within the street yard shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet, an earthen berm of a minimum height of three feet, a low masonry wall of a minimum height of three feet, or a combination of the above with a minimum combined height of three feet. A wall used for parking lot screening should be accompanied with landscape planting in the form of low shrubs and groundcover to soften the appearance of the wall.

(12)

A minimum of 50 percent of the total trees required for the property shall be canopy trees as specified on the approved plant list.

(13)

Necessary driveways from the public right-of-way shall be allowed through all required landscaping areas in accordance with city regulations. Shared driveways shall be allowed through perimeter landscape areas.

(14)

For all non-residential and multiple family parcels, whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area at least five feet wide shall be maintained along and between the edge of the parking area and the adjacent property line.

(15)

Whenever a non-residential use or multiple family use is adjacent to a property used or zoned for single-family or duplex residential uses, the more intensive land use shall provide a landscaped area of at least ten feet in width along the common property line planted with one canopy tree for each 40 linear feet or portion thereof of adjacent exposure. These trees may not be clustered.

(16)

For all single-family and duplex parcels, builders shall be required to plant two canopy trees per lot, prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. An existing quality tree of approximately four-inch caliper size located on the lot may be counted towards the requirement for an approximately two-inch caliper tree, if appropriate tree protection measures have been followed.

(i)

Approved plant list for new plantings or replacements. The following is a required list of trees for new plantings or replacements of existing trees. Other species may be acceptable for new plantings; however, their suitability for the proposed planting area shall be approved by the zoning administrator.

(j)

Tree preservation.

(1)

Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section for that area within which they are located, according to the following table:

For purposes of this section, caliper measurement shall be taken at a height of four and one-half feet above the ground, and shall be rounded to the nearest whole number.

(2)

Existing trees may receive credit if they are not on the city's approved plant material list but approved by the City Manager or designee; however, trees must be located within the landscape area to which credit is applied.

(3)

Any tree preservation proposed shall designate the species, size, and general location of all trees on the general landscape plan. The species, size, and exact location shall be shown on the landscape plan.

(4)

During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees. This is not intended to prohibit the normal construction required within parking lots.

(5)

During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree.

(k)

Sight distance and visibility.

(1)

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more streets or driveways occur, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross visibility at a level between two feet and seven feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross visibility area.

(2)

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the city manager, the requirements set forth herein may be modified to eliminate the conflict.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

General. In all zoning districts, any use indicated as a permitted use shall conform in operation, location, and construction to the performance standards hereinafter specified. In the LI and HI districts, in addition to the permitted uses, there shall be permitted any other manufacturing, processing, fabricating, packing, or storage use, except those requiring specific use permits, which conform in operation, location, and construction to the performance standards hereinafter specified for noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, and glare.

(b)

Noise. At no point at the bounding property line of any use shall the sound pressure level of any operation or plant exceed the A scale limits of 65 decibels for daytime and 58 decibels at nighttime. Measurement of noise shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute (ANSI). For this section, daytime is defined as the time period from 7:00 a.m. to 10:00 p.m., and nighttime is defined as the time period from 10:01 p.m. to 6:59 a.m. The boundary property line is the common line between two parcels of property.

(c)

Smoke and particulate matter. No operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are:

(1)

As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Circular 7118.

(2)

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (c)(1), except that when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building that prevents their escape into the atmosphere, this standard and the standard in subsection (c)(1) shall not apply.

(3)

The emission of particulate matter from all sources shall not exceed one-half pounds per acre of property within the plant site per any one hour.

(4)

The open storage and open processing operations, including onsite transportation movements which are the source of wind or airborne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage, or sand blasting shall be so conducted that dust and other particulate matter so generated are not trans-ported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1,000 cubic feet of air.

(d)

Odorous matter.

(1)

No use shall be located or operated that involves the emission of odorous matter that exceeds the odor threshold at the bounding property line or any point beyond the tract on which the emitting use is located.

(2)

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise, or where the operator or owner of an odor emitting use may disagree with the enforcing officer, or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials (A.S.T.M.D.) 1391-57 entitled "Standard Method for Measurement of Odor in Atmospheres" shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

(e)

Fire or explosive hazard material.

(1)

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, per chlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the fire department.

(2)

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the fire department.

(f)

Toxic or noxious matter. No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby incorporated by reference.

(g)

Vibration. No operation or use shall at any time create earth borne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

The Texas Legislature adopted House Bill 2439, which became effective on September 1, 2019, establishing V.T.C.A., Government Code §§ 3000.001—3000.005. That legislation prohibits a governmental entity from adopting or enforcing a rule, charter provision, ordinance, order, building code or other regulation - with certain specified exceptions - that:

(1)

Prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or

(2)

Establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.

V.T.C.A., Government Code § 3000.002(a). Certain of the provisions set out in this section 77-73 do not conflict with V.T.C.A., Government Code § 3000.001 et seq. However, to the extent that the foregoing legislation preempts the city's ability to enforce the following exterior lighting standards, the city will not enforce these exterior lighting standards. Notwithstanding the foregoing, the city reserves the right to enforce any and all of the following exterior lighting standards to the extent that the city's authority is not preempted.

The following exterior lighting standards requirements shall apply to any and all buildings in a "historically significant area" and any and all buildings that are a "significantly important building" which are situated within the corporate limits of the city, and as otherwise specifically noted.

(b)

Purpose. Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting of parking areas.

(c)

Glare. Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected so that acting together, the light beam is controlled and not directed across any bounding property line above height of three feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be one-quarter foot-candles.

(d)

Nonresidential lighting.

(1)

Off-street parking. All off-street parking areas, for nonresidential uses in nonresidential districts, which are used after dark shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of business operation. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements. No intermittent flashing lights are permitted.

(2)

Intensity. On the parking area surface, an average of at least two foot-candles, initial measurement, and a minimum average of one foot-candle on a maintained basis.

(3)

Height. Luminaries located in an off-street parking area on privately owned property shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement. Special lighting or lighting higher than the maximum building height allowed in the applicable zoning district may be approved by city council as specifically noted on the site plan.

(e)

Residential lighting. Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

(1)

Direct lighting over ten feet in height is shielded from adjacent property.

(2)

No light source shall exceed 20 feet in height. Street lights and other traffic safety lighting are exempt from this standard.

(3)

Lighting shall not directly shine on adjacent dwellings.

(f)

Luminaries. Light source shall be a down-light type, indirect, diffused, or shielded type luminaries installed so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs of 15 watts or more or strings of lamps are prohibited, except for temporary lighting not exceeding 45 days per year. Strings of low wattage lamps are permitted for use as café patio lights.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2020-0114-001, § 6, 1-14-2020)

City sign regulations are addressed in chapter 56, Signs and advertising.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

The minimum dimensions and area for outer or inner courts provided in buildings occupied for residential purposes shall be in accordance with the following provisions:

(1)

Outer courts residential structures.

a.

For residential structures, three stories or less in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall be a minimum width equal to the depth of the court, but the width of any such outer court need not exceed 30 feet even though the depth of the court may exceed such dimension.

b.

For residential structures exceeding three stories in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court, but the width of any such outer court need not exceed 50 feet even though the depth of the court may exceed such dimension.

(2)

Inner courts residential structures.

a.

For residential structures three stories or less in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have minimum dimensions in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width or the length of the base of such inner court need exceed 30 feet even though the height of the enclosing walls may exceed such dimension.

b.

For residential structures exceeding three stories in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum dimension in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width or the length of the base of such inner court need exceed 50 feet even though the height of the enclosing walls may exceed such dimension.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)