A letter signed by the property owner allowing the City access to the property for verification of all tree survey information;

A written document indicating the reasons for transplanting and/or removal of Protected Trees;

Two (2) copies of a legible site planting plan; and

A detailed tree survey and/or tree preservation plan. See 4.01.07 Tree Surveys and Tree Preservation Plans.

Upon receipt of an application for a Tree Removal Permit, the Director shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate by the City.

Protected Trees may not be removed or transplanted without a Tree Removal Permit. The removal of protected trees is subject to the mitigation requirements of 4.01.05 Mitigation for Trees Removed.

If the Director determines that the tree(s) are not protected as defined herein, then the applicant may remove the tree(s) from their property without mitigation once the Tree Removal Permit has been issued.

A Protected Tree is determined by a Certified Arborist to be diseased or dead or poses an imminent or immediate threat to persons or property.

A Protected Tree is in the right-of-way of a Major or Minor Thoroughfare as defined by the City of Frisco Engineering Standards – Section 2 Thoroughfare Design Requirements or in an easement and hinders or obstructs the construction, maintenance, repair, and/or replacement of such thoroughfares, water and sewer lines, drainage and storm sewer infrastructure, or other public improvement projects. This exception excludes infrastructure within or related to the construction of a proposed development except for the construction of thoroughfares within the Thoroughfare Masterplan and other capital improvement projects.

Utility companies franchised by the City in easements or rights-of-way accepted by the City or otherwise authorized to provide utility service may remove Protected Tree(s) that endanger public safety and welfare by interfering with utility service;

The removal and trimming of Protected Tree(s) by a utility company requires a Tree Removal Permit, except in the case of emergency repairs; and

A utility company shall notify the Director of any pruning and/or removal of Protected Trees done while making emergency repairs on the first business day following the emergency.

All pruning shall be completed in accordance with ANSI A300 standards, and the Best Practices for Municipal Urban Forestry.

Agricultural users can remove Protected Tree(s) for agricultural production by obtaining a Tree Removal Permit.

A Tree Survey of Protected Trees shall be submitted and approved with the Tree Removal Permit.

Replacement requirements of Protected Tree(s) being removed for agricultural production will be prorated equally over a period of ten (10) years.

Should the property be developed prior to the full ten (10) years, the remainder of required trees shall be planted on the property in addition to the required trees. Planting of additional trees or tree mitigation fund payment shall comply with the minimum mitigation rates.

Protected Trees may be replaced by:

Trees required by Subsection 4.02 Landscape Requirements do not count toward the Tree Mitigation requirements for the removal of protected trees.

All replacement tree measurements are in caliper inches in accordance with the then-current edition of the American Standards for Nursery Stock (ANSI Z60.1), as it exists or may be amended, and shall be minimum three (3) inch caliper trees unless otherwise noted.

All replacement trees shall be selected from and conform to the standards of 4.02.03 Approved Plant Materials and Landscape Standards.

Mitigation trees that do not survive after three (3) years shall be replaced with equal diameter inches of approved canopy shade trees.

Protected Trees on a property may be transplanted to another location on the same property without being subject to the above replacement rates.

All transplanting shall be done in accordance with ANSI 300 industry standards. Should a transplanted tree die, it shall be removed, and replacement trees shall be planted at a rate of one hundred (100) percent of the caliper inches of the transplanted tree(s). The replacement of the trees shall take place no later than 13 months after the date the tree was transplanted.

The replacement trees used for mitigation shall be planted within the Riparian Buffer/floodplain wherever possible to contribute to the stabilization and ecological restoration of the creek.

The replacement/mitigation trees for Riparian Buffers and floodplains may be less than three (3) inches in diameter with the approval of the Director of Development Services.

Attachments or wires are prohibited from being attached to any Protected Tree.

Cables, tree rods, and similar hardware installation that aid structural integrity of a Protected Tree are exempt from this section when approved in writing by the Director.

Fill or excavation is prohibited within the canopy or drip line of a Protected Tree.

Construction or construction related activity is prohibited under the canopy or drip line of Protected Trees, unless otherwise approved in writing by the Director of Development Services.

Root pruning shall be required when disturbance will occur under the drip line of protected Trees.

This root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the drip line.

All trees removed shall either be chipped and used for mulch on site or hauled off-site within 72 hours of cutting.

All tree maintenance techniques shall be in conformance with ANSI A300 standards and the Best Management Practices for Municipal Urban Forestry, as they exist or may be amended, and shall be performed by a Certified Arborist.

Improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree shall constitute a violation of the Zoning Ordinance and may result in citations and penalties.

Tree survey purpose:

A Tree Survey shall be prepared by a Certified Arborist or Landscape Architect licensed in the state of Texas in accordance with the Tree Survey & Tree Preservation Plan Checklist in the Development Application Handbook, as it exists or may be amended.

Tree survey submittal requirements:

Tree survey approval:

Purpose:

Tree preservation plan submittal requirements:

Grading and tree clearing work shall be prohibited until the Development Services Landscape Architect has field-verified and approved the information on the Tree Survey and Tree Preservation Plans, including the locations and accuracy of trees to be removed, trees to be preserved and the tree protection fencing.

No tree removal shall take place without first obtaining a Tree Removal Permit.

Prior to the preconstruction meeting or obtaining a grading permit, all tree markings and protective fencing shall be installed by the owner and shall be inspected by the Director of Development Services.

A stop work order will be issued at any time if the tree preservation requirements are not being met.

The Final Inspection for the Tree Survey and Tree Preservation Plan shall occur simultaneously with the inspection for the Final Acceptance Certificate.

Any discrepancies from the Tree Survey and Tree Preservation Plan shall be corrected prior to the issuance of the Final Acceptance Certificate.

All new developments and all existing developments that are expanding or redeveloping thirty (30) percent or more land area or building area.

New Single-Family (SF), Two-Family (2F) and Townhome (TH) lots shall comply with 4.02.10. Landscaping Requirements for Single-Family, Two-Family, and Townhome Lots.

Homeowner Associations (HOAs) and Covenants, Codes and Restrictions (CCRs) for residential developments shall not overrule the requirements of this Subsection 4.02 by penalizing or restricting water conserving landscapes, or requiring landscape materials that do not comply with this Subsection 4.02.

All open space and landscape areas required by other regulations in the Zoning Ordinance and the Subdivision Ordinance shall comply with the standards of this Subsection 4.02.

ANSI A300, as it exists or may be amended.

American Standard for Nursery Stock, ANSI Z60.1, as it exists or may be amended.

Frisco Stormwater Best Management Practices Maintenance Guidelines, as it exists or may be amended.

Irrigation Ordinance, as it exists or may be amended.

Frisco Water Management Plan, as it exists or may be amended.

A Landscape Plan is required for all applicable developments, as described above, and shall comply with Subsection 6.13 Landscape Plan Review.

A Landscape Plan is required for all applicable developments, as described above, and shall comply with Subsection 6.13 Landscape Plan Review.

The Director of Development Services may approve an alternative landscape design that differs from the requirements set forth within this section in conjunction with the submitted Site Plan when it meets the conditions below:

Should the Director deny an alternative landscape design, the applicant may appeal the Director's decision in accordance with Subsection 6.19.

The approved landscape drawings are a part of the civil construction set and shall be inspected and approved by the Development Services Landscape Architect before a Final Acceptance Certificate and Certificate of Occupancy can be issued.

Delay of Landscape Construction:

The owner of the property shall maintain the landscape in accordance with an approved landscape plan, the design intent and best management practices for the landscape maintenance as prescribed in Subsection 4.02.02(B).

The owner of a property that does not comply with these requirements shall be notified and given thirty (30) calendar days to comply.

If, after thirty (30) calendar days, the landscape still does not comply with the approved Landscape Plan the City may issue citations for the violation(s) pursuant to code enforcement provisions.

No parking or drive aisles may occur in the landscape buffer.

The Director shall establish and maintain a list of approved plants.

Tree planting standards:

Native topsoil shall be protected from erosion or stockpiled.

Native site topsoil shall be laboratory tested by an accredited laboratory and amended per said laboratory's recommendations to achieve a healthy soil biology.

Comply with the City of Frisco Water Management Plan (WMP), as it exists or may be amended.

All landscape irrigation including trees, shrub and flower beds, and turf shall comply with the Irrigation Ordinance, as it exists or may be amended.

All properties shall be irrigated in accordance with Frisco weekly Watering Recommendation (FWR) and shall not exceed those recommendations by more than 10%.

Residential Developments adjacent to a divided thoroughfare shall pay a fee to the Engineering Services to cover 50% of the landscape costs for the adjacent median.

Trees shall be planted at thirty-five (35) feet on center and as required in the Engineering Standards.

All areas covered by this section shall be screened from:

The property owner of a tract of land in a nonresidential zoning district shall be responsible for providing the required screening on the nonresidential-zoned property when adjacent to a single-family or multifamily zoning district.

The property owner of a tract of land within a multifamily zoning district shall be responsible for:

All wall or fence openings within a required screening element shall be equipped with gates equal in height and screening properties and/or materials to the wall or fence.

Thin walls are permitted and shall be constructed over a concrete footing (grade beam) or a galvanized steel angle iron with four (4) inches by twelve (12) inch concrete mow strip beneath, per details to be approved by the Development Services Landscape Architect.

Optional materials, when approved by the Planning & Zoning Commission, include:

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

The style, color, and material of the wall must be consistent within the development.

The property owner shall be responsible for the maintenance of all required screening materials.

All required screening materials must be installed and completed prior to final acceptance of the project of the development that requires the wall.

Outside storage and display areas shall not apply to new and used sales or lease of automobile, motorcycle, recreational vehicles, or watercraft and similar facilities requiring outside display.

Seasonal and temporary storage areas shall provide for electrical plug-ins if storage containers require electrical service.

Refuse and recycling receptacles shall be screened from view on (3) sides from persons standing on the ground or on an immediately adjoining property with the following:

Ground-mounted utility meters and other utility apparatus, including transformers shall be located to the rear of the structure or to the side of the structure in a designated utility or service yard.

No pedestrian pathway or pedestrian common space shall be located between the main structure and the utility meters/apparatus.

All transformers shall be screened from the view of streets, sidewalks, walking paths, bicycle paths, and adjacent properties with landscape hedge/trees or other green material that obscures the visibility of the equipment.

Ground-mounted utility and other utility apparatus, including transformers, shall be screened from the view of streets, sidewalks, walking paths, bicycle paths, and adjacent properties. Screening shall meet minimum clearances required by affected utility companies. Permitted screening methods include:

All mechanical equipment shall be screened from view from ground level.

Where a parapet does not accomplish the intended screening, a screening wall equal to the height of the equipment shall be provided.

Mechanical penthouses shall be integrated into the building's overall design using, but not limited to, ornamental elements, cohesive rooflines, opaque materials, glazing, and latticework cladding.

In all cases, screening shall be compatible building materials.

Mechanical penthouses shall complement overall building design.

Painted to match the color of the building or an accent color.

The following standards apply to exterior side yards of corner lots meeting the following criteria:

Entryway fencing standards apply only to the portion of the exterior side yard fence that is parallel to the entry street or parallel to the intersecting street as shown in Figure 4.03.09.1.

Walls shall be constructed of one of the following:

Height of entryway fencing shall comply with this Subsection 4.03 Screening Standards.

The developer of a subdivision shall construct all required walls shown in Figure 4.03.09.1.

All new subdivision developments platted after the adoption date of this Zoning Ordinance that implement the design in Figure 4.03.09.1: Entryway Wall Requirement Area shall be required to have an HOA to own and maintain such features.

If an HOA fails to maintain any required wall, the Director of Public Works and/or the Director of Development Services, at their discretion, shall have the authority to cause the repair and/or replacement of such wall at the expense of the HOA.

All existing walls or fences shall be maintained.

If an existing wall or fence is replaced, then the replacement wall or fence shall be a required wall as described above or meet the following fence standards.

In the following zoning districts, there shall be a minimum of two (2) enclosed garage parking spaces.

In addition, there shall be two (2) paved parking spaces provided behind the front property line only for the purpose of allowing on-site stacking or maneuvering to the enclosed spaces.

Front entry design requirements listed in 4.07.18. Residential Front Entry Garage Standards apply to the districts listed above.

In the zoning districts listed in subsection (E) above, required enclosed parking and stacking spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long.

Required enclosed parking and stacking spaces shall remain clear of any encroachments.

Circular driveways shall be designed to accommodate any required parking behind the front building line.

Such driveways shall comply with driveway standards as outlined in the City's Engineering Design Standards and Construction Details and Thoroughfare Design Standards Ordinance.

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods.

Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

Each standard off-street parking space shall be a minimum of nine (9) feet in width and twenty (20) feet in depth, exclusive of driveways and maneuvering aisles, and shall be of usable shape and condition (See Figure 9.01.01.12: Parking Space Standards).

Where it is possible for a vehicle to overhang the front of a parking space above a paved, stoned, mulched, or grassed area other than a required landscape area, open space area, sidewalk, street right-of-way or adjacent property, the depth of the paved standard space may be reduced to eighteen (18) feet (See Figure 9.01.01.12: Parking Space Standards). The landscaped buffer shall be increased by two (2) feet where the parking is eighteen (18) feet in length.

No parking space shall allow a vehicle to overhang a required landscape area, open space area, sidewalk, street right-of-way or adjacent property (See Figure 4.04.03.1: Vehicle Overhang Prohibited).

Head-in parking spaces adjacent to buildings shall have a minimum four (4) foot wide clearance between the front of the car and the building.

Parallel off-street parking spaces must be a minimum of eight (8) feet in width and twenty-two (22) feet in depth (See Figure 9.01.01.10: Parking Layouts.

Parking spaces within structured parking garages shall be a minimum of eight and one-half (8-1/2) feet in width and eighteen (18) feet in depth.

Off-street parking shall be prohibited from encroaching into the public right-of-way in any case.

All vehicle maneuvering shall take place on-site.

All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street.

Each site shall provide a designated maneuvering area for trucks.

No maneuvering shall take place in the right-of-way.

The applicant must provide data to support the request.

Optional resources for the parking space requirement consideration may include the Urban Land Institute (ULI) and Institute of Transportation Engineers (ITE) technical manuals or other similar planning documents.

Whenever a building or use existing prior to April 5, 2011 is enlarged to the extent of thirty (30) percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Planning & Zoning Commission as shown on a Site Plan or Final Plat.

Due to the nature of the development, uses that conform to 4.04.08(A)(45)c Retail (Shopping Center) are prohibited from using shared parking, unless approved by the Director.

Proper pedestrian access is provided such that pedestrians can access both uses within an acceptable distance and that such access is provided safely and conveniently to both uses.

Approval by the Planning & Zoning Commission may be rescinded by the Planning & Zoning Commission and additional parking shall be obtained by the owners in the event that the Planning & Zoning Commission determines that such joint use is resulting in a public nuisance by providing an inadequate number of parking spaces or otherwise adversely affecting the public health, safety, or welfare. For appeals, see Subsection 6.19 Appeals and the Appeal Process.

Assisted care or living facility: One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses.

Athletic fields: Fifty (50) spaces per field for fields without fixed seating.

Bank, savings and loan, or credit union: One (1) space per three hundred (300) square feet of gross floor area.

Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use.

Boarding or rooming house: One (1) parking space for each sleeping room.

Bowling alley: Five (5) parking spaces for each alley or lane.

Brewery/brewpub/distillery/winery: One (1) space per one thousand (1,000) square feet of gross floor area that is used for warehousing, manufacturing and distribution. One (1) space per one hundred (100) square feet of gross floor area dedicated to the consumption by the ultimate consumer of product brewed, distilled and/or fermented on-site.

Carwash, full service: Two (2) parking spaces plus required stacking for each carwash bay.

Carwash, self service: Two (2) parking spaces plus required stacking for each carwash bay.

Child-care, kindergartens, day schools, and similar child training establishments: One (1) space per eight (8) pupils plus one (1) space per employee.

Church, rectory, or other place of worship: One (1) space per one hundred (100) square feet of gross floor area of the main sanctuary.

College or university: One (1) space per each day student.

Community center, library, museum, or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

Commercial amusement (indoor): If a stand-alone use, then one (1) space per one hundred (100) square feet of gross floor area. If within a shopping center, then one (1) space per two hundred fifty (250) square feet of gross floor area.

Commercial amusement (outdoor): Two (2) spaces per three (3) seats on amusement rides, or ten (10) spaces per ride, sports court, batting cage facility, or attraction with no specific or defined seating.

Convenience store with gas pumps: One (1) space per two hundred (200) square feet of gross floor area. Parking in front of pump stations shall be counted towards meeting the required parking. A minimum of six (6) parking spaces shall be provided adjacent to the main building.

Dance hall, assembly or exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area thereof.

Data center: One (1) parking space for each three hundred fifty (350) square feet of gross floor area devoted to office uses plus one (1) additional parking space for each five thousand (5,000) square feet of gross floor area devoted to data storage, processing and/or related uses.

Dwellings, single-family and two-family: See 4.04.02(E) Minimum Parking Provisions for parking standard.

Dwellings, multifamily: Two (2) spaces for one (1) and two (2) bedroom units, plus one (1) additional space for each additional bedroom.

Flea market: One (1) space for each five hundred (500) square feet of site area. Dirt or gravel parking lots are not permitted.

Food truck court: One parking space shall be required per one hundred (100) square feet of net Food Truck Court area. Net area includes common open areas of dining, truck queuing and associated assembly spaces. Net area does not include non-occupiable areas, accessory buildings, space occupied by food trucks or other permanent fixtures. See Figure 4.08.08.1.

Fraternity, sorority, or dormitory: One (1) parking space for each two (2) beds on campus, and one and one-half (1-1/2) spaces for each two beds in off campus projects.

Gasoline station (kiosk): Four (4) parking spaces.

Golf course: Nine (9) parking spaces per hole, plus one (1) parking space for each 150 square feet of floor area of golf or country club.

Golf course (miniature and driving range): One and one-half (1-1/2) parking spaces per hole (or tee), plus one (1) space for each 100 square feet of game room area.

Health studio or club: One (1) parking space per one hundred (100) square feet.

Hospital: One (1) space per employee on the largest shift, plus one and one-half (1-1/2) spaces per each bed or examination room, whichever is applicable.

Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.

Lodge or fraternal organization: One (1) space per two hundred (200) square feet.

Manufactured home park: Two (2) parking spaces for each manufactured home plus additional parking spaces as required herein for accessory uses.

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment: One (1) parking space for each employee on the maximum working shift plus parking spaces to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each one thousand (1,000) square feet of floor area.

Mini-warehouse: Six (6) parking spaces per complex located outside of the security gates and accessible to the public.

Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral service rooms.

Motel: One (1) parking space for each sleeping room or suite plus one (1) additional parking space for each two hundred (200) square feet of commercial floor area contained therein.

Motor vehicle repair and service: Three (3) parking spaces per service bay plus one (1) additional parking space per maximum number of employees on a shift.

Motor-vehicle salesroom and used car lots: One (1) parking space for each five hundred (500) square feet of sales floor for indoor uses, or one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses.

Nursery (major and minor): One (1) parking space for each five thousand (5,000) square feet of outdoor storage area. Any associated sales or office area shall be calculated at one (1) parking space per two hundred (200) square feet.

Office (professional): One (1) space per three hundred fifty (350) square feet of gross floor area except as otherwise specified herein.

Office (medical and/or dental): One (1) space per two hundred (200) square feet of gross floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

Private club or restaurant with a private club: One (1) parking space for each seventy-five (75) square feet of gross floor area.

Recycling center/plant: One space per 1,000 square feet of gross floor area of the processing center.

Residential amenity center: Minimum ten (10) spaces.

Restaurant or similar dining establishment:

Retail:

Sanitarium, convalescent home, home for the aged or similar institution: One (1) parking space for each five (5) beds.

School, elementary, secondary, or middle (public or private): One (1) parking space per seventeen (17) students.

School, high school (public or private): One (1) parking space per three and three-tenths (3.3) students. (The total number of students shall be determined by taking the square footage of standard classrooms divided by twenty (20), plus the square footage of special classrooms, such as art, laboratories, drama, band and vocational rooms, divided by fifty (50)).

Theater, sports arena, stadium, gymnasium or auditorium (except school): One (1) parking space for each three (3) seats or bench seating spaces.

Truck stops: One (1) truck parking space measuring seventy-five (75) feet by twelve (12) feet for each ten thousand (10,000) square feet of site area plus one (1) vehicle parking space per two hundred (200) square feet of building area.

Warehouse, wholesale, manufacturing and other industrial type uses: One (1) space for one thousand (1,000) square feet of gross floor area.

Best/current practices parking ratio: For uses shown in the Use Chart that have atypical standards or single uses which have varying parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on best/current planning and transportation practices.

Stacking spaces provide the ability for vehicles to queue on site prior to receiving a service.

A stacking space shall be a minimum of nine (9) feet in width and twenty (20) feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area.

Stacking spaces shall be provided behind the vehicle bay door, middle of the service window, or middle of the service island, whichever is applicable.

In all Districts, at the time any building or structure is erected or altered, stacking spaces shall be provided in the number and manner set forth in the following list of property uses.

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.

Buildings and other structures shall be setback a minimum of ten (10) feet from the back of the curb of the intersecting driveway or maneuvering aisle to provide adequate visibility and to allow vehicles to safely exit drive-through lanes and escape lanes prior to merging into intersecting driveways or maneuvering aisles.

Required parking in the OTC – Original Town Commercial District shall be reduced by fifty (50) percent of the current parking requirements as they exist or may be amended for uses operating within the OTC prior to the effective date of this Ordinance and for uses proposed within a structure as it exists upon the effective date of this Ordinance.

Required parking in the OTC – Original Town Commercial District shall be reduced by thirty (30) percent of the current parking requirements as they exist or may be amended for uses proposed within a structure that is being expanded and for new development.

Outdoor seating areas within the OTC – Original Town Commercial District, which may be covered, but not enclosed, are excluded when determining the parking requirements.

The above-mentioned parking reductions shall not apply to residential development within the OTC – Original Town Commercial District. Residential development shall comply with the parking requirements of Subsection 4.04.08 as they exist or may be amended.

If it is determined that due to existing site constraints, the requirements of this Ordinance cannot be met in the OTC – Original Town Commercial District, the Director may, at his/her sole discretion, award public off-street parking spaces at City-designated locations if all of the following conditions exist:

The Director may approve on-street parking to be credited to a use within the OTC – Original Town Commercial District.

Uses in the OTC – Original Town Commercial District that have been awarded parking spaces out of any Downtown Public Parking Lots, will retain the ability to apply these spaces to their off-street parking requirements for up to six (6) months after the use, for which the additional spaces were awarded under this section, has vacated the premises.

If after six (6) months the site does not have a new use for which a Certificate of Occupancy has been issued, the spaces will revert to the City as surplus.

In the event a property, previously awarded Downtown Public Parking Lot Spaces, changes to a less intensive use the unneeded spaces shall be forfeited.

Awarding Downtown Public Parking Lot Spaces is allowed solely for the purpose of assisting an applicant in satisfying the off-street parking requirements established by this Ordinance.

An award of Downtown Public Parking Lot Spaces is not a guarantee that the awarded spaces will be open for parking at any and/or all times.

Availability of any Downtown Public Parking Lot Spaces is on a first come, first serve basis, and the Downtown Public Parking Lot spaces are open to the public.

Awarded parking spaces shall not be labeled and/or marked in any way by the user, lessee and/or landowner of record.

Short-term bicycle parking must be located within 100 feet of the main public entrance of the building or facility.

Long-term bicycle parking must be located within 500 feet of the main public entrance of the building or facility.

Bicycle parking facilities shall not interfere with accessible paths of travel or accessible parking as required by the Americans with Disabilities Act, as amended.

When a rack is placed within a sidewalk or pedestrian right-of-way, a minimum of four (4) feet from the required rack dimension shall be provided for pedestrian clearance.

Bicycle racks shall be located in highly visible and well-lit areas to minimize theft and vandalism.

When automobile parking spaces are provided in a structured parking garage, all required long-term and short-term bicycle spaces shall be located inside the garage on the ground level. Alternative layout and design of racks to maximize space may be approved by the Director of Development Services.

Alternative Locations: In the event that compliance may not be feasible because of demonstrable hardship, the Director of Development Services may approve an alternative location.

Each bicycle rack shall be designed to accommodate two bicycle parking spaces (two bicycle spaces per rack) while using the allowed bike rack designs below:

Bicycle Parking Space Size, Access Aisles and Vertical Clearance:

In cases where bicycle parking spaces are not visible from the primary drive aisle approaching the building, signage shall be used to direct cyclists safely to bicycle parking areas (Manual for Uniform Traffic-Control Devices sign D4-3). These signs shall not be placed in the public right-of-way.

Bicycle parking is required for all commercial uses except: Accessory Structure, Antenna and/or Antenna Support Structure (Commercial), Antenna and/or Antenna Support Structure (Non-Commercial), Places of Worship, Hotel, Mini-Warehouse/Self-Storage, Mobile Food Vendor, Private Utility, Oil Well/Gas Well and Mineral Extraction, Recycling Collection Point, Sewage Treatment Plant/Pumping Station, Telephone Exchange, Temporary Building, Utility Distribution/Transmission Line, Water Treatment Plant.

Bicycle parking for residential uses is only required in Multifamily-15 and Multifamily-19 uses.

Bicycle parking for Licensed Child-Care Facility and Hospital uses shall be calculated using required employee automobile parking.

The number of required and provided automobile parking spaces and bicycle parking spaces shall be shown in a chart format on the site plan. The location and footprints of bicycle racks corrals shall be shown on the site, as well as the location of any bicycle parking signage.

The number of required automobile parking spaces for a site plan may be reduced by the number of bicycle parking spaces provided on that site plan, subject to a maximum reduction of five percent (5%).

In all cases where bicycle parking is required, no fewer than two (2) spaces (one rack) shall be required.

Up to half of the required short-term bicycle parking spaces may be substituted with long-term bicycle parking spaces.

When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein that requires additional automobile parking spaces, additional bicycle parking as required herein shall be provided for such increase in intensity of use.

Light for outdoor advertising shall be designed to function as full cutoff type of luminaires.

The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting. The applicant is responsible for acquiring a signed letter from the FAA stating that the proposed lighting is acceptable.

See Figure 4.05.02.1: Shielded/Cutoff Light Source Required for examples.

All luminaires located on nonresidential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three (3) feet above grade on the lot line abutting a Protected Residential Property.

In all other instances, the light source must be completely shielded from direct view of at a point six (6) feet above grade on the lot line.

See Figure 4.05.02.1: Shielded/Cutoff Light Source Required for examples.

Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas and yard areas within thirty (30) feet of the building.

No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Chief Building Official finds the following:

Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaires.

Freestanding luminaires are permitted to be a maximum of thirty (30) feet in height.

When a luminary is located within one hundred (100) feet of a Protected Residential Property, the maximum permitted luminaires height shall be twenty (20) feet.

All luminaires must have a total cutoff angle equal to or less than ninety (90) degrees.

The use of exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only when the Chief Building Official finds the following:

Floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light distribution to the facade or feature being illuminated;

The configuration of the floodlight installation shall block all view to the floodlight fixture's lamps from adjacent properties; and

The maximum luminance of any floodlighted surface does not exceed the footcandles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces.

Nonconforming temporary outdoor lighting may be permitted by the Chief Building Official after considering:

Chief Building Official may revoke permitted temporary lighting on the basis of incorrect information supplied, or where it is determined that the lighting adversely effects the health or safety of the public.

The light measuring meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus five (5) percent.

It shall be tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one (1) year of its use.

Illumination levels shall be measured in footcandles with a meter sensor in a horizontal position at an approximate height of three (3) feet above grade.

Maximum illumination readings are to be taken directly beneath the luminaires.

A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a use of greater intensity than a one (1) or two (2) family dwelling.

The lighting plan shall be submitted to the Director.

The submission shall contain but shall not necessarily be limited to the following:

A certified engineer, architect, landscape architect or lighting engineer or designer shall prepare the lighting plan.

The lighting plan shall also contain a certification by the property owner or agent and the preparer of the lighting plan that the exterior lighting depicted on the lighting plan complies with the requirements of this Ordinance after installation.

Once the plan is approved by the Director, the exterior lighting of the property shall conform to the approved lighting plan.

A lighting plan required by this 4.05.06. Exterior Lighting Plan shall expire at the same time that the approved Site Plan for which it was submitted expires.

The above required plans, descriptions and data shall be sufficiently complete to enable the reviewer to readily determine whether compliance with the requirements of this Ordinance will be secured.

Before issuance of a Certificate of Occupancy or within thirty (30) calendar days of receiving a Certificate of Occupancy, the applicant or his/her designee shall submit to the Director a photometric plan, stamped by a certified testing laboratory or engineering firm that the installed lighting is in compliance with this Ordinance.

"Cobra head" type lighting fixtures having dished or "drop" lenses or refractors which house other than incandescent light sources shall be prohibited.

See Figure 4.05.02.1: Shielded/Cutoff Light Source Required for examples.

Lighting for residential dwellings, provided that:

The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on and off by a motion sensor and the lamp is not on for a continuous period exceeding ten (10) minutes.

Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and lanterns.

The party lights shall be removed within a reasonable time after any given reason.

The Chief Building Official will determine what the "reasonable time" should be.

Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are exempted from the general standards of this section.

Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto a Protected Residential Property.

The maximum permitted illumination at the residential property line shall not exceed two (2) footcandles.

Exterior lighting luminaires in existence on the effective date of this Ordinance April 5, 2011 shall be exempt from these standards and shall be considered legally nonconforming.

Legal nonconforming fixtures may be repaired, maintained and replaced.

Nonconforming lighting luminaires shall be replaced to comply with this Ordinance when the property is redeveloped.

Exterior lighting luminaires existing on the effective date of this Ordinance which are located on private nonresidential property and are found to direct light or glare to a Protected Residential Property shall be declared a public nuisance if the level of illumination on the Protected Residential Property, which is caused by the luminaires, is greater than one-quarter (1/4) footcandle.

Such fixtures shall be altered to reduce the level of illumination in the protected residential property to a one-quarter (1/4) footcandle within two (2) months of receiving a written notice of the violation from the City.

Two (2) footcandles are allowed for ball diamonds, playing fields and tennis courts.

A Garage Apartment shall be constructed attached to a garage, either above or on the same level as the garage).

A Guest House shall be constructed separate from the main dwelling.

A Garage Apartment or Guest House may not be sold separately from the sale of the entire property, including the main dwelling unit.

A Garage Apartment or Guest House may be rented or offered for rent provided that the main dwelling unit is owner-occupied.

See Figure 9.01.01.13: Accessory Building Setbacks.

These standards shall not apply to canopies associated with a Convenience Store with Gas Pumps nor Gas Pumps as Accessory Use (for standards, reference 3.02.01(A)(13)and 3.02.01(A)(17), respectively).

Accessory structures shall not be located in required front, side or rear yards (reference 2.06.05 Nonresidential Districts Development Standards).

Accessory structures shall not cover more than 15% of the lot area. Accessory structures shall not affect lot coverage.

Support columns associated with an accessory structure covering parking spaces shall not be placed so as to impede the opening of a vehicle door; the support columns shall be located at the front or back of the parking spaces. Support columns shall not extend into the minimum width of a parking space (reference diagram below).

These standards shall not apply to canopies associated with a Convenience Store with Gas Pumps nor Gas Pump with Accessory Use (for standards, reference 3.02.01(A)(13)and 3.02.01(A)(17), respectively).

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

Exception shall be allowed to the 4.07.09 Exterior Construction of Main Buildings for accessory strictures in the AG – Agricultural District.

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

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

In nonresidential and multifamily districts, fabric canopies/awning are permitted provided the following minimum requirements are met:

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 (3) feet above grade.

Only one main building for single-family and two-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract.

Every means of access shall have a minimum lot width of twenty-five (25) feet at the property line.

Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the Site Plan for such development is approved by the Planning & Zoning Commission so as to comply with the City Subdivision Regulations' requirements for platting.

No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

See Figure 4.07.02.1: Front Yard Where Zoning Changes in a Block.

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.

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 three (3) feet.

The minimum front yard setback requirements may be reduced by a maximum of five (5) feet for all single-family and duplex uses within all SF, 2F, and OTC zoning districts provided that at least fifty (50) percent of the structures on a given block are set back an additional five (5) feet from the original setback.

The average setback along the block shall equal the original setback requirement.

The purpose of this average setback is to encourage a variety of front yard setbacks along a street.

In no case shall the front yard setback be less than twenty (20) feet.

The desired front setbacks for each lot shall be designated on the Final Plat.

See Figure 4.07.02.4: Calculations of Front Yard Setbacks on a Cul-de-sac Street.

The following front yard reductions shall apply to all nonresidential zoning districts except the I-Industrial District.

The minimum front yard setback requirements may be reduced to ten (10) foot if the following requirements are met.

Circumstance One - Front yard shall be no less than fifteen (15) feet. For a swing-in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story;

Circumstance Two - Front yard shall be no less than ten (10) feet. For a non-enclosed porch, stoop (a minimum of 24 square feet), or balcony, or an architectural feature, such as bay window without floor area or chimney (for porch information and examples, see 4.07.16. Front Porch Standards); or

Circumstance Three - Front yard shall be no less than ten (10) feet. For a non-enclosed porch and the main structure provided:

On a corner lot used for one or two-family dwellings, both street exposures shall be treated as front yards on all lots except where one street exposure is designated as a side yard on a lot of record and separated from the adjacent lot by an alley and separated from the adjacent lot by an alley.

On lots that were official lots of record prior to April 5, 2011, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district. See the following figures for details:

Every part of a required side yard shall be open and unobstructed from the ground upward except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required side yard.

Air conditioning compressors, pool machinery and equipment, and similar appurtenances are permitted in the side yard, but shall be located a minimum three (3) feet from the property line.

See Figure 4.06.04.1: Accessory Structure Regulations in All Residential Districts Except MF & MH Zoning Districts.

Ornamental features in all nonresidential zoning districts may exceed the maximum building height provided that the ornamental feature does not contain floor area and provided the required setbacks for the ornamental feature are increased by two (2) feet for every one (1) foot that the ornamental feature exceeds the maximum height.