Fulshear City Zoning Code

The purpose of this division is to address the quality and design of buildings and their development sites. The standards seek to:

The standards of this division apply to new development, redevelopment, substantial improvement, and expansion of single and multiple-family, nonresidential, office, and mixed-use development.

Generally. The standards of this section set out design standards for elements that are used on multiple building types. All multiple-family, nonresidential, and mixed-use buildings shall conform to the standards contained in this section.

Development within close proximity to the downtown district. All new development within 1,000 feet of the downtown district (DD) regardless of their base zoning district shall:

Freestanding and attached canopies and porte-cocheres. The design of freestanding canopies, such as those used as shelters for pump islands at automobile service stations, and the design of attached canopies and porte-cocheres, shall match or be consistent with the architectural style, principal and accent materials, colors, and lighting of the principal building on the development site.

Awnings and canopies. Awnings and canopies, if installed, shall:

Arcade treatment. Arcades may be constructed along building facades to provide shelter and shade and to add visual interest to structures but shall be located entirely outside the public street right-of-way. The arcade design shall also incorporate adequate pedestrian-level lighting under the arcade for visibility and security.

Screening of mechanical and service equipment.

Multiple buildings. Developments with multiple structures on a single property or involving out-parcels shall reflect coordinated and cohesive building design, with all buildings incorporating unifying elements such as common building forms, materials, textures, architectural detailing, and colors. The intent is not to require precise replication of the design of a principal building or buildings but rather to achieve general consistency and compatibility in architectural design.

Parking structures.

Service bays. Uses with overhead doors providing access to service bays, such as for automobile service and repair, shall, wherever the site size, shape and orientation allows, place any building wall with overhead doors perpendicular to public street frontage. Where such building orientation is not practical, the overhead doors shall be of similar color to the building facade or roof material.

Refuse containers. Dumpsters shall be provided for multi-family residential, nonresidential, and mixed-use development for solid waste collection services. Such facilities are subject to the following standards:

Natural management of stormwater. All new commercial, office, multi-family, and other non-residential developments shall include low-impact development features in order to promote natural management of stormwater. If a greywater system, for the uses listed below, is incorporated into the design of the development then the requirement for a natural management of stormwater element shall be met. Otherwise, two of the following features shall be included in the design of the development:

Cisterns for fire suppression. The aesthetics of a cistern being used for fire suppression shall comply with the standards found in subsection (k).

Height exceptions. A chimney, cupola, spire, belfry, parapet or other similar architectural features are exempt from maximum height standards in order to promote visually appealing structures.

Cart corrals. Any structure or device used to house empty shopping carts or buggies within the parking lot of a business shall incorporate the following design elements into their construction and installation;

All single-family detached and attached dwellings (including industrialized housing) shall be developed in accordance with the standards of this section.

These standards apply to single-family detached and attached developments within the district(s) where they are permitted as set out in:

The placement of a principal dwelling in a perpendicular or sideways orientation on an interior lot is prohibited unless in a conventional neighborhood or approved as part of a planned neighborhood (See figure 28-3-3-1, building placement). Such arrangement may be approved as part of planned neighborhood if:

Garage doors on a single-family detached or attached dwelling on a lot in the suburban residential (SR) or semi-urban residential (SU) districts shall be oriented in one of the manners depicted in table 28-3-3, garage orientation.

All multiple-family buildings shall be developed in accordance with the minimum standards of this section.

These standards apply to multiple-family developments within the district(s) where they are permitted as set out in:

All fences and gates shall have appropriate connections to neighboring non-residential properties through the use of fence or gate door unless it can be shown that is not possible due to site constraints to promote walkability and connectivity.

Design of multiple-family buildings to wrap around a core parking structure is strongly encouraged to ensure the garage appearance is enhanced by additional architectural or landscape features. To the extent feasible, there shall be no parking areas located between a facade facing a public street and the public street, but if such parking areas are necessary or appropriate, such as for reasonable proximity to sales offices or amenities, then such parking areas shall be screened from view of the public street to the extent feasible.

Attached street-facing garages shall meet one of the following standards.

The building design and roof type of garage units shall be consistent with those of the principal building(s). Detached garage buildings that are adjacent to street rights-of-way shall include a type B bufferyard (see section 28-3-27, bufferyards) between the garage building(s) and street.

Carports are permitted within the vehicular use areas of multifamily developments, provided they do not encroach into any required yards or building setbacks or into any easements, and subject to the following standards:

Manufactured homes are only permitted in the manufactured housing (MH) zoning district. All manufactured home parks shall be developed and constructed in accordance with the minimum standards of this section and section 28-2-12, manufactured housing.

Storm shelters shall be provided in manufactured home parks. The shelter(s) shall be built:

One manufactured home or other permanent building for on-site management must be provided for parks with 25 or more homes.

All nonresidential buildings shall be developed in accordance with the minimum standards of this section and in order to foster a coherent and enduring character within the community, the City will require that new development adhere to a generally defined architectural style as demonstrated visually in examples below. This standard is not intended to dictate specific building materials - in adherence with state law - but rather to lead to design choices that contribute to a shared architectural vernacular consistent throughout the Fulshear community.

These standards apply to commercial retail and service and civic and institutional land uses within the district(s) where they are permitted as set out in:

All buildings shall include a minimum of two architectural details that promote and are in harmony with the design vernacular including, but not limited to, those exhibited in figure 28-3-6-1, architectural detailing.

Buildings with three or more stories shall be designed with a clearly differentiated base, middle, and top.

Each building shall have clearly-defined customer entrances that include at least three of the following features:

Any roof type may be used provided it has a minimum pitch of 4:12. A flat roof may be allowed provided it incorporates permitted building articulations to disguise a flat roof. Examples are displayed in figure 28-3-6-2, allowed roof forms.

All office buildings, parks, and campuses shall be developed and constructed in accordance with the standards of this section.

These standards apply to all buildings within the suburban office (SO) district.

The design of buildings is the same for single-tenant sites and multitenant campuses.

Single tenant buildings must include vertical articulation with a projected or recessed plane for each increment of building wall equal to two times the building height, measured from the finish floor to the eave line or where allowed, the top of the parapet wall. For example, a 40-foot tall building would require articulation every 80 feet. For buildings with a gross floor area greater than 100,000 square feet, vertical articulation is only required for 50 percent of the building length if:

In addition to the landscaping on each individual development site, a cohesive landscape design is required for all common open spaces and along roadways within a multi-tenant campus. The campus-wide landscape plan must reinforce the visual hierarchy of roadways through plant material massing, spacing and height, as well as through focal points at major intersections and the use of landscape elements at all entrances. Landscaped earthen berms must be used to create interesting land contours along arterial roadways and for screening abutting parking and other vehicular use areas. The landscape must be shared between development sites to create design unity.

If the standards regulating non-residential buildings are more strict than those found in Section 28-3-6 then the standards of the stricter section shall apply.

The applicant is responsible for the installation of the following pedestrian and bicycle facilities.

Civic space is an important organizing element within a mixed-use district, which must be integrated into the overall design of the downtown district (DD). Both public and private civic space must be distributed throughout the district and should provide not only an aesthetic quality, but serve recreational and civic functions as well. A variety of types of civic spaces must be conveniently accessible and provide linkages within and throughout the DD.

The design of freestanding canopies, such as those used as shelters for pump islands at automobile service stations, and the design of attached canopies and porte cocheres, shall match or be consistent with the architectural style, principal and accent materials, colors, and lighting of the principal building on the development site.

Awnings and canopies, if installed, shall:

Arcades may be constructed along building façades to provide shelter and shade and to add visual interest to structures but shall be located entirely outside the public street right-of-way. The arcade design shall also incorporate adequate pedestrian-level lighting under the arcade for visibility and security.

Developments with multiple structures on a single property or involving out-parcels shall reflect coordinated and cohesive building design, with all buildings incorporating unifying elements such as common building forms, materials, textures, architectural detailing, and colors. The intent is not to require precise replication of the design of a principal building or buildings but rather to achieve general consistency and compatibility in architectural design.

Uses with overhead doors providing access to service bays, such as for automobile service and repair, shall, wherever the site size, shape and orientation allows, place any building wall with overhead doors perpendicular to public street frontage. Where such building orientation is not practical, the overhead doors shall be of similar color to the building façade or roof material.

Development shall comply with all provisions of this division and provide the quantity of parking spaces required in the district tables in sections:

Redevelopment, significant improvements, and expansions of existing development and changes in the use(s) of existing buildings that require additional parking shall provide parking to the extent of the new demand created by the improvement, expansion, or change in use(s).

Changes in the use(s) of existing buildings that result in fewer required parking spaces shall not be required to provide additional parking spaces.

No building permit or certificate of occupancy shall be issued unless and until off-street parking and loading is provided in accordance with this division.

The standards of this section set out the means for calculating the number of parking spaces required for specific land uses.

When a computation of required parking results in a fraction of 0.5 or greater, the requirement must be rounded up to the next whole number.

The variables used for parking calculations are measured as follows:

Uses that involve fleets of vehicles (e.g., post offices, police stations, fire stations, etc.) shall provide parking for the fleet or inventory, in addition to that required to park the principal use of the property, as applicable. Further, a fleet of more than ten vehicles shall be screened from public view with a fence, wall, or a type B bufferyard.

If several nonresidential uses occupy a single parcel or building, the off-street parking and loading requirements shall be the cumulative total for all uses, unless the uses are of different categories or unless shared parking is permitted via a special study.

A legally sufficient written agreement assuring the perpetual joint usage of said common parking for the combination of uses or buildings is properly drawn and executed by the parties concerned, approved as to form and execution by the city attorney, and filed with and made part of the application for a building permit.

A reduction in parking requirements is permitted up to 60 percent for land uses that have opposite peak usage timeframes.

All uses shall provide off-street loading as required by this section and shall be configured as shown in this section.

All motor vehicle off-street loading berth spaces for the loading or unloading of materials which are abutting or adjacent to a residential use or district must comply with the following standards:

All open off-street loading spaces or berths must be graded and paved or otherwise improved with an all-weather, dust-free material.

Each required loading space in the IN district must be at least 12 feet wide and 35 feet in length. All other required loading spaces must be at least 12 feet wide and 18 feet in length. All required loading spaces must be designated by signs as loading spaces.

Personal vehicles including passenger cars, vans, pick-up trucks, camper trailers, recreational vehicles, and boats are subject the following standards:

No vehicle work of any kind or nature is permitted within off-street parking lots or parking garages except for emergency repairs.

Off-street parking, loading, and stacking spaces shall not interfere with one another nor shall they be used interchangeably to meet one another's requirements.

Parking spaces shall have the following dimensions.

All traffic control devices (signs, marking, and signals) shall conform to the Manual on Uniform Traffic Control Devices, latest edition, published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.

A vertical clearance of not less than eight feet shall be provided over all parking spaces. Additional clearance shall be provided for larger vans, sports utility vehicles, and light trucks that require such clearance if parking demand from such vehicles is anticipated. All parking garage entrances shall include an overhead bar to alert oversized vehicles regarding clearance.

Parking modules shall conform to the standards as shown in table 28-3-15, parking module standards. The dimensions that are set out in the table are illustrated in figure 28-3-15, parking module dimensions.

Stacking spaces are used to measure the capacity of a drive-through lane to hold cars while transactions are taking place at drive-through stations or car washes. Stacking spaces measure eight feet wide by 20 feet long and provide direct access to a service window or wash bay. The position in front of a drive-through station (e.g., a service window, ATM, wash bay, or station at a drive-through bank) or car stall is counted as a stacking space.

Uses that include drive-through service or a car wash shall not have fewer than the following numbers of stacking spaces:

Off-street driveways, parking surfaces, access aisles, and traffic control devices shall be kept in good condition and parking space lines or pavement markings on hard-surfaced lots shall be kept clearly visible and distinct.

The spaces designated for ADA compliance shall be the spaces that are closest to the front door of the business.

This section sets out parking standards for uses that, based on the nature of the use, can have a large amount of variability and need to be evaluated on a case-by-case basis. The number of off-street parking stalls required shall be based on a special study of the parking demand for the identified use.

Required parking for these uses shall be established according to the following standards:

Where bicycle parking is provided, this section applies. In commercial and multi-family developments with 50 or more parking spaces for motor vehicles required, bicycle parking is also required, in accordance with this subsection. There shall be parking for five bicycles if there are 50 to less than 100 motor vehicle spaces required, parking for 10 bicycles if there are 100 to less than 150 motor vehicle spaces required, and parking for 15 bicycles if there are 150 or more motor vehicle spaces required.

If provided, bicycle parking shall be designed with the following characteristics:

Protect and preserve the appearance and character of the community;

Promote the health and quality of life of the residents of the city through the protection of specified trees located on property within the city;

Protect the value of the city's natural heritage; and

Establish standards for removal, maintenance, and planting of trees.

The standards of this division shall apply to all parcels proposed for development and substantial reconstruction of existing buildings or structures upon application for a building permit.

The following are exempted from this division:

Only approved plant materials count towards the landscape requirements of this division. A list of approved plant materials is set out in appendix C, plant lists.

Plants that are not listed on the approved plant list or the prohibited plant list are allowed, but they are not counted towards compliance with this division. Applicants who wish to count such plants are advised to seek an amendment to the approved plant list to include them. Plants may be added to the list if it is demonstrated by credible evidence that the species:

Plants that are on the Texas State Noxious Weed List, as provided by the USDA.

Rubber mulch is prohibited as a landscaping material.

Plant material that is installed to comply with the requirements of this division shall be of the sizes set out in table 28-3-24, minimum size of plants at installation.

Plant materials shall not be installed where they may compromise a sight distance triangle.

Trees are required along all public streets as set out for each of the districts in division II-2, zoning districts following the design standards provided in this section.

Unless exempted by this section, no lot, parcel, or property within the SU (multiple-family only), SC, GC, DD, SO, and IN districts may perform any land clearance, site grading, removal or stockpiling of soil, or tree removal unless part of a building permit, land disturbance permit, site plan, or subdivision plat approved in accordance with article IV, subdivision regulations.

The following activities shall be exempt from this section:

Development sites that preserve mature trees may be given credit towards the fulfillment of their landscape requirements as contained in this division. Credit may only be granted for significant trees located on the same lot or parcel and only those as detailed on a landscape plan, signed by a licensed landscape architect and/or certified arborist, that certifies the species, caliper, and health of the identified significant trees. The landscape plan must further identify the methods by which the significant trees will be protected during construction and that adequate clearance will be maintained around the drip line of the tree to prevent soil compaction and provide the tree with adequate access to water, nutrients, and air.

Table 28-3-26, tree preservation credit, identifies the rate at which credit will be given for the preservation of trees of significance.

Any native tree, as found in Appendix C of the Fulshear Code of Ordinances with a 24-inch diameter at breast height (DBH) shall be preserved until 5% of the property is covered by canopy unless the location of such tree creates a hardship, or a conflict with other regulations within the Fulshear Code. When a hardship or occurs, the tree can be removed and shall be replaced with two trees of the same species and a DBH of 4-inches. Such replacement trees shall be required in addition to other required trees.

The required bufferyards are based on the amount of screening they provide. Bufferyards are classified from less screening ("type A") to more screening ("type C").

The required bufferyards for the SC, GC, DD, SO, and IN districts are set out in division II-2, zoning districts.

If a bufferyard is required by another section of this CDO, then the greater requirement shall supersede the lesser requirement.

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

In the following residential districts (SR, SU, or MH) or along the boundary between a residential and nonresidential district, the following standards apply:

The owner of the lot or parcel or the manager or agent of a homeowners' or property owners' association shall be responsible for the maintenance of all landscape areas.

A landscape plan shall identify the plant installation methods and landscape maintenance program for all landscaped areas.

Each sign user has a reasonable opportunity to provide information, identification, and/or direction to a use or property;

The reasonable, orderly, and effective display of outdoor nonresidential and residential messages is consistent with all relevant national or state programs to protect the public investment in highways;

The safety of the public and the viability of nonresidential corridors are promoted by reducing:

The character of the community is protected by requiring the proper maintenance of signs and the removal of abandoned or dilapidated signs;

The number, size, scale, proportions, design, and balance of signs are regulated according to content-neutral standards that are based on architectural quality and character; and

The beauty, visual aesthetic, and general attractiveness of the city is maintained and enhanced and thus, the economic prosperity of the city and region is positively influenced.

As of the effective date of this CDO, all erection, construction, modification, relocation, repair, maintenance, or conversion of signs within the City of Fulshear shall conform to the standards and requirements of this division, all state and federal regulations concerning signs and advertising, and all applicable building codes. Generally, signs are approved by issuance of a sign permit, as set out in section 28-3-33, signs requiring a permit, except signs identified in section 28-3-34, signs not requiring a permit.

The regulations established in this division as applicable to the general commercial (GC) district are hereby extended to and made applicable to all signs located in the extraterritorial jurisdiction of the city, as established by V.T.C.A., Local Government Code Ch. 42.

This division regulates only the sign structure or copy design, and not the sign's content. Despite any other provision of this division, no sign is subject to any limitation based on the content of its message. Any sign authorized in this division may contain any non-commercial copy in lieu of any other copy.

If the city council finds that the posting of addresses of buildings in locations that are visible from the street is necessary for the effective delivery of public safety services, including E-911. The efficient and timely delivery of emergency services is a compelling governmental interest. Accordingly, the city requires that street addresses shall be posted as follows:

If a permit for a sign has been issued in accordance with all city ordinances in effect prior to the effective date of this CDO, and provided that construction is begun within six months of the effective date of this division and diligently built to completion, the sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, to the provisions of this CDO regarding nonconforming signs. See article V, Nonconformities.

A sign described in this division shall comply with the restrictions provided in this division, all other requirements of the Code of Ordinances, and applicable state and Federal law.

Sign area is calculated as follows:

Clearance is the distance between the bottom of a sign and the nearest point on the surface under it. See figure 28-3-32-3, sign clearance.

Electronic message board signs are prohibited except that notwithstanding regulations herein which may be contrary to regulations located elsewhere within this Code, when located on property used by primary schools and high schools and consistent with the following requirements:

There are many forms of permanent signs and temporary signs that require approval from the City of Fulshear. The standard established in this section detail the form, size, and height, and design criteria standards of all permanent and temporary signs in the City of Fulshear and its extraterritorial jurisdiction (ETJ) that require a permit or specific approval before they are placed on a residential or nonresidential parcel.

The standards of this section apply to all new development, redevelopment, substantial improvement, and expansion of signs that require approval in coordination with the district(s) in which the sign is permitted per the tables titled permitted sign types contained in each of the following sections:

Nonresidential uses shall be permitted a maximum number of signs per individual business. The business may choose a combination of any of the permitted sign types stated in table 28-3-33-1, permitted freestanding sign types and table 28-3-33-2, permitted attached sign types so long as no more than four total signs are permitted unless a single tenant has a gross floor area (GFA) of more than 100,000 square feet. In this case, an additional sign is permitted for each additional 20,000 square feet of GFA. Additionally, a business shall only be permitted one sign per sign type unless the business has two street frontages or one street frontage and the primary entrance to the business does not face the street. In these circumstances, the businesses shall be granted a maximum of two wall signs, and two monument signs.

All permanent freestanding signs shall follow the standards established in table 28-3-33-1, permitted freestanding sign types.

All permanent attached signs shall follow the standards established in table 28-3-33-2, permitted attached sign types.

Temporary signs shall follow the standards established in table 28-3-33-3, permitted temporary sign types.

Special event directional signage shall be permitted provided that the event organizer submits an event signage plan that includes:

Signs placed within the public right-of-way of a roundabout shall be permitted, provided they are confined to the interior of a curbed island and provided the following required conditions are met:

The standards established in this section detail the form, size, and height, and design criteria standards of permitted freestanding signs in the City of Fulshear and its extraterritorial jurisdiction (ETJ) that are exempt from requiring a sign permit.

Signs on private property containing no advertising that direct the movement of traffic, warn of obstacles or overhead clearances, or control parking, including entrance and exit signs.

Any sign on property owned by a railroad placed or maintained in reference to the operation of the railway.

Any sign marking utility or underground communication or transmission lines or pipes and hazards.

Historical and commemorative plaques of recognized historical societies and organizations provided that such signs are less than 15 square feet in total area.